AI Supplemental Terms of Service

Last Updated: 4/20/2023

Your use of Fieldguide AI is subject to the terms of the applicable agreement between you and Fieldguide, Inc. (“Fieldguide”), such as our Master Services Agreement, User Terms of Service or any other written agreement entered into between you and Fieldguide (the “Agreement”) as well as the following additional terms. Any capitalized terms used but not defined below have the meanings assigned to those terms in the Agreement.  “AI Features” means, with respect to the Services, any feature(s) and/or functionality powered by artificial intelligence (including machine learning).

1. AI Features Responsible Use. Customer will at all times use AI Features in a responsible manner and in compliance with all applicable laws. Without limiting the foregoing, Customer shall not (and shall not permit or enable any third party to) use the AI Features: (a) for the purpose of exploiting, harming or attempting to exploit or harm minors in any way; (b) to generate or disseminate verifiably false information with the purpose of harming others; (c) to generate or disseminate personal identifiable information that can be used to harm an individual; (d) for fully automated decision making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation; (e) for any use intended to or which has the effect of discriminating against or harming individuals or groups based: (i) on online or offline social behavior; (ii) known or predicted personal or personality characteristics or (iii) legally protected characteristics or categories; (f) to exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm; (g) to provide medical advice or medical results interpretation; (h) to generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use); (i) for any use in any products where a malfunction or failure of the product may reasonably be expected to result in significant property damage, injury or death or other high risk uses; or (j) to develop machine learning models or related technology.

2. AI Output. Customer is solely responsible for any output, results, predictions or other content generated by or using AI Features (“AI Output”) and Customer’s reliance on or use of such AI Output. Customer will exercise reasonable discretion before relying on, publishing or otherwise using the AI Output. Customer may not publish, publicize or disseminate any AI Output, in any context, including without limitation articles, tweets, chatbots or other automated bots) unless, before doing so, Customer has manually reviewed, modified (as needed) and approved any content containing AI Output.

3. Third Party Models. From time to time, Fieldguide may incorporate certain third party models into AI Features. Customer is responsible for reviewing such third party licenses and must not use AI Features in a manner that violates such license conditions, including any additional use-based restrictions.

4. Liability. THE AI FEATURES ARE AN EXPERIMENTAL TECHNOLOGY PROVIDED AT THE SOLE DISCRETION OF FIELDGUIDE ON AN AS-IS AND AS-AVAILABLE BASIS WITHOUT WARRANTIES OR OBLIGATIONS OF ANY KIND. Without limiting the foregoing, for clarity, any warranties, service level commitments, indemnification or other obligations of Fieldguide with respect to the Services as set forth in the Agreement do not apply to AI Features. Customer acknowledges and agrees that Fieldguide may remove, modify, discontinue or deprecate AI Features in its sole discretion without any further liability or obligation. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, FIELDGUIDE’S AGGREGATE LIABILITY FOR THE AI FEATURES, OR ARISING IN CONNECTION WITH THESE SUPPLEMENTAL TERMS, SHALL NOT EXCEED $100. Customer will defend, indemnify and hold harmless Fieldguide, and its Affiliates and personnel, from and against any claims, losses and expenses (including attorneys’ fees) arising from or related to Customer’s use of the AI Features, AI Output, or any materials, products or services developed by Customer in connection with AI Features or the AI Output.