Effective: Sep 1, 2023

Version: 23.9.1

AI Features Agreement

This AI Features Agreement (the “Agreement”) is a contract between you (the “Customer”) and Sparky AI, LLC, a Georgia Limited Liability Company with address: 60 Postal Pkwy, Unit 73184, Newnan, GA 30271 (“we”, “us”, “our”, and “Sparky”) and applies to your access to and use of the AI Features.

“AI Features” means any tools, features, or functionality in the Services that utilize machine learning models or foundational large language models.

1. Use of AI Features.

Your use of any AI Features is subject to the Agreement. You understand, acknowledge and agree that the AI Features are hosted and provided using Third Party Services. The AI Features may not be available in all regions or jurisdictions, and availability may change over time. Sparky is not responsible for any inaccuracies, errors, biases or limitations in Output or the underlying algorithms or data.

2. Ownership. 

To the extent allowed under applicable law, as between you and Sparky, both the Content that you or our Authorized Users input to be processed by the AI Features (“Inputs”), and any content generated and returned by the AI Features based on such Input (“Outputs”), is your Customer Content. You acknowledge that due to the nature of large language models and machine learning as well as the technology powering the AI Features, the AI Features may generate the same or similar outputs for other Sparky customers or users. Sparky does not use your Content or permit others to use your Content to train the machine learning models used to provide the AI Features. We do not and will not use your Content to improve or train our models without your permission to do so.

3. Restrictions on Use. 

You understand and agree that the restrictions on use of the Services in this Agreement and Sparky’s Terms and Conditions (www.sparky.ai/legal/terms) apply to your use of the AI Features. In addition, you will not do any of the following with the AI Features: generate content that can inflict harm on individuals or society, or that is intentionally deceptive and likely to adversely affect the public interest; mislead any person or imply that Outputs are unique or solely human generated; provide Inputs or attempt to generate Outputs that contain any personal information or other prohibited data or violate any applicable law; discover to attempt to discover any underlying components of the models, algorithms and systems, such as exfiltrating the weights of models; or use or attempt to use web scraping, web harvesting, or web data extraction methods to extract data from the Third Party Services or Outputs. Sparky may limit your access to or use of the AI Features or the Services if Sparky has a reasonable basis to believe that Outputs or your use of the AI Features violates these terms, our Documentation or the Agreement.

4.Product Research.

You understand, acknowledge and agree that certain AI Features may be the subject of Product Research (alpha or beta). As such, the AI Features are currently offered warranty free and as part of your Subscription at no additional cost. You understand that this is subject to change at any time in Sparky’s sole discretion. For example, use of certain AI Features may become subject to usage limits or usage fees, or Sparky may discontinue, disable or degrade access to certain AI Features in its sole discretion.

‍ 5.Your Responsibilities. 

Artificial intelligence, large language models, and machine learning technologies have known and unknown risks and limitations, including that content generated by such technologies is subject to inaccuracies, biases, and other defects. Sparky makes no representations, warranties or covenants of any kind regarding Outputs or the Third Party Services that support the AI Features. You are solely responsible for reviewing any Outputs prior to acceptance or use, developing your own internal policies regarding the appropriate use of such technologies, and training your Authorized Users regarding such policies.