AI Terms

 

These artificial intelligence terms, (“AI Terms”) are entered into between Gatekeeper and You and are incorporated into and form part of the terms of the Agreement.

The Parties agree as follows:

1. Definitions

Any capitalised term not defined in these AI Terms shall have the meaning given to it in the Agreement.

"AI Functionality" refers to the suite of artificial intelligence-powered features and capabilities integrated into the Services. These features include, but are not limited to, data analysis, pattern recognition, natural language processing, prediction, and automated decision support. The AI Functionality processes Your and User provided Input to generate Output using AI models of both Gatekeeper and third parties.
"Input" means data provided by You and Users which is processed by the AI Functionality in order to provide the Services.
"Output" means all content or results generated by the AI Functionality, based on the Input.
“Content” means the Input and Output together.

2. AI Functionality

Gatekeeper provides the AI Functionality to You subject to the terms of these AI Terms, which apply in addition to the terms of the Agreement. In the event of any conflict between these AI Terms and the terms of the Agreement, these AI Terms shall prevail in relation to the AI Functionality, Output, Input and Content.

3. Third Party AI Providers

  1. You hereby acknowledge and agree to Gatekeeper’s use of the AI model providers, listed in the , (the “AI Providers”), who are sub-processors of Gatekeeper. Any changes made to the AI Providers used by Gatekeeper during the term of these AI Terms will be notified to You, in accordance with the provisions of the DPA.
  2. Where the AI Functionality is developed using artificial intelligence technology provided by AI Providers, You acknowledge and understand that by using the AI Functionality You agree that Your use of the AI Feature shall be subject to each AI Provider’s own terms of use. Currently Gatekeeper uses Open AI LLC as its AI Provider. You acknowledge and agree that the use of the AI Functionality, is subject to the OpenAI Terms of Service (available here) (“OpenAI Usage Policies”).


4. Personal Data

If Input includes personal data of You or Users, as defined by applicable data protection laws, You hereby consent to Gatekeeper and the AI Providers being permitted to transfer Input to countries where such AI Providers operate, store, and process the Input.

5. Input

You (or Your licensors) own Input. You represent and warrant that You (or Your licensors) have all rights, licenses and consents required to permit Gatekeeper and AI Providers to use Input within the AI Functionality and within Output. You are solely responsible for ensuring that all Input provided to Gatekeeper complies with all applicable laws. You hereby grant a non-exclusive right to Gatekeeper and the AI Providers to use Input within the AI Functionality for the purposes of generating Output. Gatekeeper permits the AI Providers to access and use Input exclusively to create Output via the AI Functionality.

6. Your Warranties

You represent and warrant that You will not, nor will You authorise anyone on Your behalf, including a User, to:

  1. mislead anyone that Output generated by Your use of the AI Functionality is human-generated;
  2. use the AI Functionality to generate Output that is prohibited under the terms of the Agreement or any applicable laws;
  3. use the AI Functionality to generate content that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive, facilitates illegal activity, depicts sexually explicit images, or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or is otherwise illegal;
  4. make automated decisions that may have a detrimental impact on individual rights without appropriate human supervision;
  5. use the AI Functionality for activities which have high risk of economic harm, for adult content, adult industries, dating apps, offering tailored financial advice without a qualified person reviewing the information or to provide health advice, political campaigning or lobbying;
  6. use the AI Functionality in a way that infringes, misappropriates or violates any of Gatekeeper’s rights or the rights of any third party;
  7. reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the AI Functionality (except to the extent such restrictions are contrary to applicable law);
  8. use the AI Functionality to develop foundation models, other large scale models or AI functionality that replicates the AI Functionality;
  9. use the AI Functionality to create Services that compete with Gatekeeper;
  10. use any method to extract data from the AI Functionality, including web scraping, web harvesting, or web data extraction methods.


7. Output

  1. Due to the nature of machine learning, Output may not be unique across all Gatekeeper clients and their users and You acknowledge that the AI Functionality may generate the same or similar Output for other Gatekeeper clients and users. Responses received by other Gatekeeper clients or users are not Your Output.
  2. Gatekeeper authorises You to use the Output for Your business purposes as deemed appropriate and in compliance with all applicable laws.
  3. Gatekeeper has no liability or responsibility resulting from the use of, or reliance upon Output by You or Users, or for any errors or omissions contained in the Output.
  4. You and Users must check and evaluate the accuracy of any Output before using it and You must not rely on Gatekeeper to do this. You acknowledge and agree that Gatekeeper has no control over any use of Output by You or Users. Any use of Output is at Your own risk. Prior to publication or distribution of any Output, it is recommended You add a disclosure notice that the Output was generated by AI tools.


8. Term and Termination

The provisions of these AI Terms shall apply to your use of the Services for the term of the Agreement.

9. No Warranty

Gatekeeper and the AI Providers make no representations or warranties of any kind, express or implied, in relation to any features or qualities of the AI Functionality or any Content. In particular, Gatekeeper does not warrant that the AI Functionality will be available uninterrupted, error free or permanently available. No warranty is given for the accuracy, availability, suitability, reliability, or content of the Input or Output. You are solely responsible for all Content, including compliance with applicable laws and the provisions of these AI Terms

10. Limitation of Liability

  1. To the maximum extent permitted by law, Gatekeeper shall not be liable to the You, Users or any third party for any damages arising in connection with use of, or inability to use, the AI Functionality, or for Your use of any Content. This disclaimer of liability shall apply regardless of the form of action that may be brought against Gatekeeper, whether in contract or tort, including without limitation any action for negligence.
  2. Notwithstanding anything to the contrary herein, under no circumstances shall Gatekeeper be liable to You or any other person or entity for any special, incidental, consequential, or indirect damages, loss of good will or business profits, work stoppage, data loss, computer failure or malfunction, any and all other commercial damages or loss, or exemplary or punitive damages.


11. Indemnity

You shall, at Your own expense, defend or, at Your option, settle any claim or suit relating to the Content brought against Gatekeeper, or the AI Providers, by a third party on the basis of infringement of their Intellectual Property Rights or other rights in any Content.