Offer AI Content Generator – Supplemental Terms of Service

Effective: 28 November 2023

These terms of service outline the terms and conditions related to the use of the AI-generative content feature Offer AI Content Generator (the “AI Service”). It is crucial that you understand and adhere to these terms of service, as these form the basis of the contractual relationship between FintechOS and the entity you represent (the “Customer”), in relation to the use of the AI Service. 

As we navigate the evolving landscape of AI technology, our goal is to ensure that the Customers and their users are well-informed and protected while benefiting from the innovative capabilities that the AI Service offer.  

WE ENCOURAGE YOU TO READ THESE TERMS OF SERVICE CAREFULLY AS YOUR CONTINUED USE OF THE AI SERVICE AND/OR ACCEPTANCE OF THE TERMS HEREIN SIGNIFIES YOUR COMMITMENT TO ABIDE THE CUSTOMER AND ITS USERS BY THEM. FURTHERMORE, BY ACCEPTING THESE TERMS OF SERVICE, YOU REPRESENT YOU HAVE THE CAPACITY TO REPRESENT THE ENTITY IDENTIFIED HEREIN AS THE CUSTOMER. 

1. Description of the AI Service. The AI Service is powered by generative artificial intelligence, specifically OpenAI’s currently free subscription to GPT-4 language model, that can be used by the Customer’s users for generating creative and engaging copy for promotional campaigns, special offers, or product launches, tailored to attract and retain their end clients or for creating detailed descriptions of banking products and services, highlighting features, benefits, and suitability for different end-client segments.  

The AI Service may be employed by Customer’s users to create content based solely on non-personal generic information about the Customer’s current or future services and products bundles or offerings, such as: general criteria for segmenting audience, service/product internal name, start and end date of the campaign, general fees, commissions and interest rates charged to their end-clients. The  

THE AI SERVICE IS DESIGNED TO OPERATE EFFECTIVELY WITHOUT THE NEED FOR PERSONAL DATA INPUT. 

Customer acknowledges that the AI Service utilizes services provided to FintechOS by OpenAI, LLC (“OpenAI”), and undertakes to accept and comply with the following OpenAI terms: Terms of Use,  Usage Guidelines, Sharing & Publication Policy, (collectively, the OpenAI Policies), and any violation of these terms by the Customer may result in the alteration or discontinuation of the AI Service by FintechOS. Customer shall not use the AI Service in a manner which shall cause FintechOS to be in violation of any OpenAI Policy. FintechOS does not control and is not responsible for any changes, updates, or discontinuations of service made by OpenAI that may affect the functionality, availability, or performance of the AI Service. Therefore, FintechOS shall not be liable towards Customer and/or its users for any interruption, degradation, or discontinuation of the AI Service arising from OpenAI’s actions, decisions, or changes in their services and technologies. 

2. Accuracy and Reliability. Given the inherent limitations of AI technology, the generated output may occasionally contain inaccuracies or errors. This is due to the fact that AI operates based on algorithms and data sets that, while sophisticated, may not capture the nuances of every situation or the latest changes in the relevant fields.  

Customer and its users are advised to independently verify the output provided by the AI Service. This includes, but is not limited to, cross-checking AI-generated output against current and reliable sources, consulting with qualified professionals for advice, and exercising professional judgment in the use of such output. 

User discretion is paramount, especially in scenarios where the AI-generated content is used for critical decision-making or forms a basis for significant business, financial or strategic actions. The AI Service is not designed or intended for use in scenarios where errors or inaccuracies in output could lead to significant financial, legal, or personal consequences for individuals or entities. The Customer must not use the AI Service output for such high-stakes decision-making without adequate independent verification and professional advice. Customer bears the ultimate responsibility for any decisions or actions taken based on the output generated by the AI Service. 

3. User Responsibility. Customer acknowledges, on behalf of itself and its users, that (i) it and its users should scrutinize the veracity of any information included in output from the AI Service; and (ii) the output may find offensive, indecent, incorrect, or objectionable.  

The AI Service is intended to assist the Customer and its users in creating offers and materials, however the final use of the output is at the user’s discretion. Users are responsible for critically assessing, editing, and finalizing AI-generated output to ensure it aligns with the Customer’s internal policies and procedures and their business needs, complies with legal standards, and adheres to regulations including advertising, financial, and consumer protection laws. 

While the AI Service offers suggestions and assistance, it operates within its programmed parameters and may not cover all nuances or specific requirements. Therefore, it’s essential for users to apply their own judgment and expertise in using AI-generated output. The responsibility for the final content, its legal and ethical compliance, and its suitability lies with the Customer’s users. 

Under no circumstances shall FintechOS be liable in any way for any output, including any errors or omissions in any output, or any loss or damage of any kind incurred as a result of Customer’s or any user’s use of any output generated through the use of the AI Service. To the extent that Customer or its users relies upon the factual accuracy of any output, Customer acknowledges that it does so entirely at its own risk. 

4. Fair and Acceptable Use. Users must utilize the AI Service in a responsible manner, ensuring their activities do not engage in abnormally high usage. This includes avoiding excessive or unreasonable demands on the AI Service that could degrade service quality. 

Users are prohibited from using the AI Service for illegal purposes, including but not limited to fraud, defamation, infringement of intellectual property rights, or any activities that violate privacy or data protection laws. The generation of content that is offensive, harmful, or promotes illegal activities is strictly forbidden. 

Users must ensure that the data fed into the AI Service for content generation is accurate, legally obtained, and compliant with all relevant laws and regulations. Misuse of data, particularly personal or sensitive information, is a violation of these terms of service.  

Users must respect intellectual property rights when using the AI Service to generate content. This includes not using the AI Service to replicate or infringe upon the copyrighted or proprietary material of others. 

Except for uses that are expressly permitted herein, Customer will not, and will ensure that its users do not: (i) sell, resell, rent, lease, or otherwise distribute any portion of the AI Service; (ii) use the AI Service other than in accordance with these terms of service or in a manner that interferes with, unduly burdens, or disrupts the integrity, performance, or availability of the AI Service (for example, by conducting load tests or penetration tests without FintechOS’s prior written consent); (iii) attempt to gain unauthorized access to the AI Service or to FintechOS’s or its third party suppliers’ related systems or networks; (iv) access any portion of the AI Service for the purpose of building a similar or competitive product or service, or monitor the AI Service for any benchmarking or competitive purpose; (v) introduce, disseminate, or otherwise enable any viruses, Trojan horses, spyware, worms, malware, spam, or malicious code using the AI Service; (vi) copy, modify, translate, or create a derivative work of any FintechOS property; (vii) reverse assemble or otherwise attempt to discover the source code or underlying components of models, algorithms, or systems included in FintechOS’s property; (viii) mislead any person that the AI Services output was human generated; or (ix) alter, remove or violate any copyright or other intellectual property notice appearing in connection with the AI Service. 

FintechOS might take in its sole discretion any measures or remedies it considers appropriate, including but not limited to suspension or cancellation of the use of the AI Service without any liability whatsoever to the Customer or its users in case of violation of the terms herein. By using the AI Service, Customer acknowledges and agrees that FintechOS will not be liable for any claims/disputes in this regard raised by Customer or by its users, to the extent permitted by the applicable law. 

5. Ownership of AI Service and underlying technology: The Customer acknowledges that FintechOS is the sole owner of all legal right, title, and interest in and to the AI Service, including any intellectual property rights that subsist in the AI Service (whether those rights happen to be registered or not, and wherever in the world those rights may exist). 

6. Monitoring and Modification: FintechOS reserves the right to monitor the use of the AI Service for security and operational purposes and FintechOS at its sole discretion, may modify, update, or discontinue any aspect, feature, or functionality of the AI Service at any time. These changes may include, but are not limited to, updates to the input models, changes in information processing methods, and the addition or removal of service features. 

FintechOS is not liable for any impact these modifications may have on the Customer’s use of the AI Service, including but not limited to changes in service performance, output accuracy, or compatibility with the Customer’s systems or processes. 

7. Termination of these terms: FintechOS reserves the right to terminate the Customer’s access to the AI Service immediately and without prior notice under the following conditions: 

a. Breach of terms: If the Customer or its users are found to be in violation of any terms and conditions outlined herein, including but not limited to the misuse of the AI Service, infringement of intellectual property rights, or violation of applicable laws and regulations. 

b. Legal and Regulatory Changes: In the event of changes in relevant laws or regulations that materially affect the provision or use of the AI Service, or if continuing to provide the AI Service becomes impractical or unlawful. 

c. Security Risks: If FintechOS identifies a security risk or potential harm related to the Customer’s use of the AI Service. 

8. No Liability 

To the maximum extent permitted by applicable law, FintechOS does not provide any warranties, guaranties or indemnification regarding OpenAI’s products and/or services. FintechOS does not have any responsibility or liability for any exchange of data or other interaction occurring directly between Customer or its users and OpenAI. If the availability of all or a portion of the AI Service depends on the corresponding availability of OpenAI’s products and/or services, FintechOS will not be liable to Customer if changes in OpenAI’s products and/or services cause the unavailability of all or a portion of the AI Service. Nonetheless, FintechOS will use commercially reasonable efforts to update the AI Service to ensure continued inter-operation with OpenAI’s products and/or services. Further, Customer acknowledges and agrees that for the purpose of AI Services, if Customer and/or its users chose to input personal data into the AI Service, Customer shall serve as the data controller of such information and OpenAI shall serve as the data processor for purposes of those data laws and regulations that apply to Customer. In no case is OpenAI FintechOS’s subprocessor. 

NEITHER FINTECHOS NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF FINTECHOS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FINTECHOS’S AGGREGATE LIABILITY UNDER THESE TERMS OF SERVICE WILL NOT EXCEED THE GREATER OF THE AMOUNT CUSTOMER PAID FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE LIABILITY AROSE OR ONE HUNDRED EUROS (€1000). THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

To the extent permitted by law, The Customer agrees to indemnify, defend, and hold harmless FintechOS and its affiliates, directors, officers, employees, agents, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) that such parties may incur as a result of or arising from (a) any information (including, without limitation, the Customer content) submitted, posted, or transmitted through the AI Service by the Customer or its users; (b) the Customer’s or its users’ violation of these terms of service;  or (c) the Customer’s or its users’ violation of any rights of any other person or entity, including, but not limited to, to the violation of data protection laws, intellectual property rights, or other legal infringements by the Customer or its users. 

This indemnification obligation will survive the termination or expiration of these terms of service and the Customer’s use of the AI Service. 

9. IP Infringement: If the Customer becomes aware of any unauthorized use of the AI Service, any of FintechOS’s intellectual property, or any infringement claim related to the AI Service, the Customer agrees to promptly notify FintechOS with full details of such infringement. 

FintechOS will process and investigate proper notices of alleged copyright or other intellectual property infringement related to material submitted through Customer’s account and will respond appropriately and in accordance with the applicable intellectual property laws. Customer agrees to use the AI Service in a manner that will not violate any third-party copyright, trade secret, publicity, trademark, or any other intellectual property rights. 

10. Amendments and Updates: FintechOS may update or amend these terms as the use of AI Service. Continued use of the AI Services following such changes constitutes acceptance of the new terms.