Terms and conditions

Artificial Intelligence Terms and Conditions

Last updated: June 2024

These Artificial Intelligence Terms of Service (the “AI Terms”) govern your access to and use of Lightico’s AI-powered products and tools (the “AI Functions”). Lightico reserves the right to update the AI Terms from time to time without notice. You are encouraged to check these terms periodically. If you do not agree with these AI Terms please refrain from using the AI Functions.

These AI Terms are incorporated by reference into Lightico’s Terms & Conditions available at https://www.lightico.com/terms-and-conditions/ (the “Terms and Conditions”).

Capitalized terms not defined herein shall have the meanings defined in the Terms and Conditions. In the event of any conflict between certain provisions of these AI Terms and the provisions of the Terms and Conditions, the provisions of these AI Terms shall prevail over the conflicting provisions of the Terms and Conditions, solely with respect to the AI Functions.

1 AI Functions

1.1 Lightico’s AI Functions are integrated as part of Lightico’s Services, and they utilize and combine Artificial Intelligence, Large Language Models, Optical Character Recognition, and natural language processing with the aim of quickly and efficiently extracting analyzing data from documents, including scanned forms, hand-written content, and digital submissions. These capabilities identify and interpret textual content within documents, transforming un-structured data into structured, machine-readable formats, and then analyzes the output, thus replacing the need for manual human review, which is both time-consuming and less accurate. 

1.2 The AI Functions only store the AI Content (as defined in section 2 below) ephemerally and, besides providing you with the output, no training of any kind is carried out on any AI Content (as defined below). In the future Lightico may allow for the use of AI content for training purposes, but this will only be done on a per-customer basis (i.e. data of one customer will only be used to train that customer’s model) and this will only be done with notice to you and consent by you.

1.3. These Al Functions are be developed by Lightico in con-junction with its partner Amazon Web Services (AWS), and are a part of Lightico’s Services. AWS’s Responsible AI Policy can be found here: https://aws.amazon.com/machine-learning/responsible-ai/policy/

2 AI Content

2.1. If you choose to use the AI Functions, you will input text, im-ages, PDF files, or other forms of content to the Al Functions (“Input”) and receive output generated and returned by the Al Functions based on an analysis of the Input (“Output”, and together with Input, “Al Content”).

2.2. By inputting the Input, you acknowledge that you have all legal right and title to the Input, and you are permitted to in-put the Input into the AI Function without any re-strictions. If any restrictions on your inputting of the Input exist, please refrain from using the AI Functions. Additionally, by using the AI Functions, you acknowledge and consent to Lightico sharing the AI Content with its technology partner Amazon Web Services (AWS), as well as other service providers as detailed in our Privacy Pol-icy, in order to provide you with the AI Functions.

2.3. It is hereby clarified that you remain the owner of the AI Content.

2.4. Lightico exclusively own all right, title, and interest in and to the Al Functions, including all associated intellectual proper-ty rights. No license or other rights (express or implied) in or to the AI Functions are granted, assigned, licensed, or conveyed to you.

3 Your Consent and Acknowledgement

By using Lightico’s AI Functions you:

3.1. Expressly consent to the use of artificial intelligence (AI) features as part of Lightico’s Services. You acknowledge and agree that Lightico may collect, store, and process the AI Content, which may include personal data, as necessary to provide the AI Functions within Lightico’s Services.

3.2. Represent and warrant that you have obtained all required consents and authorizations to allow Lightico to use the AI Functions for purposes contemplated hereunder, including notifying your customer of the use of the AI Functions, obtained your customers’ consent (to the extent legally required) before Input (including personal data) is used in the AI Functions, and you have secured all rights necessary to grant Lightico the ability to use the AI Functions in such manner. The Input will be used to provide the Services, to generate the Outputs, and for other purposes described in these AI Terms. You may withdraw your consent to the use of data by the AI Functions, at any time, by ceasing to use the AI Functions.

3.3. Acknowledge that the Output are generated by the AI Functions on a non-exclusive basis and may be provided to other users as well. Lightico cannot guarantee that the Outputs will be unique or will not be similar to Outputs of other users. You hereby waive any claim with respect to any similar or identical Outputs that may be generated by other Lightico’s users.

3.4. Acknowledge that your usage of the AI Functions and reliance on any Output is at your own risk. Lightico strongly recommends that you carefully evaluate the Output for ac-curacy and appropriateness for your specific use.

3.5. Are responsible for any AI Content and ensuring that it: (i) complies at all times with these AI Terms and the Terms and Conditions; (ii) does not violate any applicable laws and regulations of the jurisdictions which apply to you and your customers/users; (iii) does not infringe, violate, or misappropriate any of Lightico rights or the rights of any third party, including intellectual property rights; (iv) is free of any adverse claims and is not subject to any third-party rights, including using human review as appropriate, before using or sharing Output from the Services.

3.6. Acknowledge that Lightico may disclose such content to law enforcement or other governmental authorities, or in response to a court order, in the event that any of the AI Con-tent is alleged to be unlawful or otherwise in breach of these AI Terms.

3.7. Give Lightico the right to host the AI Content on Lightico’s platform, comply with applicable laws, enforce Lightico’s policies and keep Lightico’s Services safe. It is clarified that hosting of the AI Content will remain local and correspond to the location of our customer (as further detailed in the Location-based Storage section of our Privacy Policy).

4 Restrictions

You hereby agree, when using the AI Functions, not to intentionally generate any harmful content. All limitations which apply in the Terms and Conditions, including with respect to content uploaded to Lightico’s Platform, will apply to your us-age of the AI Functions. In addition, it is prohibited to use the AI Functions to: (i) mislead anyone that the con-tent generated by the AI Functions is human-generated; (ii) provide medical advice; (iii) provide legal or financial advice; (iv) generate contracts or legally binding obligations; (v) generate spam, ransomware, viruses, intentional disinformation or deception, or other software, or to intentionally circumvent safety filters and functionality or prompt models to act in a manner that violates Lightico’s Terms and Conditions; (vi) generate or disseminate information to be used for the administration of justice or other legal purposes; (vii) violate the privacy rights of others, including unlawful tracking, monitoring, and identification; (viii) depict a per-son’s voice or likeness without their consent or other appropriate rights; (ix) harass, harm, or encourage the harm of individuals or specific groups; or to (x) use the AI Functions for automated decision-making that has legal or similarly significant effects on individuals, unless you do so in compliance with applicable law, and in such a case you acknowledge you are doing so at your own risk.

5 Disclaimer of Warranties

Lightico is constantly working to improve its Services to make them more accurate, reliable, safe, and beneficial. Given the nature of artificial intelligence machine learning technology the AI Functions may, in some situations, result in an inaccurate Output. You acknowledge that Lightico has not verified the accuracy of the Output and it does not represent Lightico’s views. Lightico makes no warranty or guaran-tee as to the accuracy, completeness, fitness for a specific purpose, or reliability of the Output, nor the legal possibility to use the Output or whether it infringes any third parties’ rights, and shall not have any liability or responsibility arising in any way regarding the Output or any omissions or errors contained in the Output.

Lightico reserves the right to immediately, without reason and without notice, discontinue any or all AI Functions as deemed necessary, and you acknowledge and agree that you have no claims against Lightico should such action be taken.

YOU ACKNOWLEDGE AND AGREE THAT LIGHTICO IS NOT RESPONSIBLE FOR ANY ACTIVITIES OR LEGAL CONSEQUENC-ES OF YOUR USE OF THE AI FUNCTIONS OR ITS OUTPUTS, IN-CLUDING IN CASE THAT A THIRD PARTY WILL HAVE A CLAIM AGAINST YOU FOLLOWING THE USAGE OF SUCH AI FUNC-TIONS.
THE AI FUNCTIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILA-BLE” BASIS. LIGHTICO HEREBY EXPRESSLY DISCLAIMS ALL WAR-RANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY WARRANTIES REGARDING SECURITY, SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, ACCURACY AND PER-FORMANCE OF THE AI FUNCTIONS. LIGHTICO MAKES NO WAR-RANTY THAT: (I) THE AI FUNCTIONS WILL MEET YOUR REQUIRE-MENTS, (II) THE AI FUNCTIONS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS AND/OR OUTPUT THAT MAY BE OBTAINED FROM THE USE OF THE AI FUNCTIONS WILL BE ACCURATE OR RELIABLE, OR (IV) ANY ERRORS IN THE AI FUNCTIONS WILL BE CORRECTED. THE FOREGOING DISCLAIM-ERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLI-CABLE LAW. IN ADDITION, LIGHTICO DOES NOT WARRANT OR GUARANTEE THE ACCURACY OF THE RESULTS GENERATED BY THE AI FUNCTIONS OR THE AUTHENTICITY OF ANY IMAGES SUBMITTED. YOU REMAIN RESPONSIBLE FOR MAKING YOUR OWN BUSINESS DECISIONS AND FOR DETERMINING THE APPROPRIATENESS OF THE AI FUNCTIONS FOR YOUR UNIQUE USE CASE AND NEEDS.

6 Limitation of Liability

IN NO EVENT SHALL LIGHTICO BE LIABLE, WHETHER IN TORT, CONTRACT, MISREPRESENTATION, RESTITUTION OR OTHERWISE, FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL AND/OR SIMILAR LOSSES, PURE ECONOMIC LOSS, OR FOR ANY SPECIAL, INDIRECT PUNITIVE, INCIDENTAL, CONSE-QUENTIAL, EXEMPLARY OR OTHER SIMILAR LOSS, COSTS, DAMAGES, CHARGES OR EXPENSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, MISUSE, INABILITY TO USE, OR THE RELIANCE UPON, THE AI FUNCTIONS AND/OR OTHERWISE IN CONNECTION WITH THESE AI TERMS AND/OR THE TERMS AND CONDITIONS; AND IN NO EVENT SHALL LIGHTICO’S TOTAL AG-GREGATE LIABILITY, IN CONTRACT, TORT, MISREPRESENTATION, RESTITUTION OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, MISUSE, INABILITY TO USE, OR THE RELIANCE UPON, THE AI FUNCTIONS AND/OR OTHERWISE IN CONNECTION WITH THESE AI TERMS AND/OR THE TERMS AND CONDITIONS, EXCEED THE TOTAL FEES PAID BY YOU FOR THE AI FUNCTIONS DURING THE 12 MONTH PERIOD PRECEDING THE DATE IN WHICH THE CLAIM LEADING TO LIABILITY AROSE.

7 Indemnity

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD LIGHTICO, AND ITS AFFILIATES, AND EACH OF ITS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, CO-BRANDERS, OTHER PARTNERS, AND EMPLOYEES, HARMLESS FROM ANY AND ALL DAMAGE (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR OTHERWISE), LOSS, LIABILITY, COST AND EXPENSE (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEYS’ AND ACCOUNTING FEES) RESULTING FROM ANY CLAIM, DEMAND, SUIT, PROCEEDING (WHETHER BEFORE AN ARBITRATOR, COURT, MEDIATOR OR OTHERWISE), OR INVESTIGATION MADE BY ANY THIRD PARTY (EACH A “CLAIM“) DUE TO OR ARISING OUT OF YOUR USE OF, CONTRIBUTION TO OR CONNECTION WITH THE AI FUNCTIONS; YOUR VIOLATION OF THESE AI TERMS AND/OR YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY INCLUDING INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY. LIGHTICO SHALL PROVIDE YOU NOTICE OF ANY SUCH CLAIM; PROVIDED, THAT, THE FAILURE OR DELAY BY LIGHTICO IN PROVIDING SUCH NOTICE SHALL NOT LIMIT YOUR OBLIGATIONS HEREUNDER. LIGHTICO RESERVES THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER WHICH IS SUBJECT TO INDEMNIFICATION UNDER THIS SECTION 5, AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH ALL REASONABLE REQUESTS OF LIGHTICO IN ASSISTING LIGHTICO’S DEFENSE OF SUCH MATTER.

8 Removal Requests

To the extent that any AI Content is stored by Lightico, then if Lightico receives a removal request related to such AI Content (e.g. for infringing a third party’s intellectual property rights), Lightico may, at its sole discretion, taking into ac-count technological limitation and the resources in-volved in carrying out such removal request, make its best efforts to remove such AI Content in whole or in part from the AI Functions, and will provide you with notice of the actions taken in response to such request. Lightico shall have no obligation to investigate such request and shall have no liability in relation to its compliance, non- compliance, or partial compliance with any such request. Lightico reserves the right to notify the person or entity which made the removal request of such removal at its discretion.

We welcome feedback on our AI Functions. If you have any questions or concerns, please do not hesitate to reach out to your program manager or contact us at: [email protected].