Workpail AI Supplementary Terms

These Workpail AI Supplementary Terms (“Workpail AI Terms”) are hereby incorporated into the Terms of Use, between you and Workpail, LLC (“Workpail”) (the “Agreement”). These Workpail AI Terms apply to your access and use of the Workpail AI feature(s). Any terms used herein have the same meaning as set forth in the Agreement. For the purposes of these Workpail AI Terms and where the Terms of Use apply, any reference to Customer Data shall also mean User Content.

Term and Subscriptions. Workpail AI includes the features and functionality as outlined on our website. Unless otherwise indicated, the usage for Workpail AI shall be commensurate with your Workpail Plan, including any applicable renewal Subscription Term.

“Workpail AI” means any feature(s) or functionality made available by Workpail and labeled as Workpail AI that utilize data models trained by machine learning.

“Workpail AI Tools” means the tools of Workpail AI authorship and editing tools, also referred to as Inkpad AI, including tools for generation of long-form textual content through prompting, editing of existing textual content via pre-engineered prompts, extraction of information from existing textual content via pre-engineered prompts, AI chat services, and translation of existing textual content.

Input and Output. You may provide input to be processed by Workpail AI (“Input”), and receive output generated and returned by Workpail AI based on the Input (“Output”). When you use Workpail AI, Input and Output are your Customer Data. You are solely responsible for the development, content, operation, maintenance, and use of your Customer Data. You will ensure that your Input and use of Workpail AI and Output will not (i) violate any applicable law; (ii) violate these Workpail AI Terms, the Agreement or any other applicable terms; or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. You acknowledge that due to the nature of machine learning and the technology powering Workpail AI features, Output may not be unique and Workpail AI may generate the same or similar Output to Workpail or a third party.

Workpail does not use your Customer Data or permit others to use your Customer Data to train the machine learning models used to provide the Workpail AI Tools. Your use of the Workpail AI Tools does not grant Workpail any right or license to your Customer Data to train our machine learning models.

Artificial intelligence and machine learning models can improve over time to better address specific use cases. We may use data we collect from your use of Workpail AI to improve our models when you (i) voluntarily provide Feedback to us such as by labeling Output with a thumbs up or thumbs down; or (ii) give us your permission. Notwithstanding, you acknowledge that Input may be provided to third parties for the purposes of obtaining Output in accordance with the Terms of Use.

Workpail AI Feature Use Restrictions. You may not use Workpail AI or Output (i) to develop foundation models or other large scale models that compete with Workpail or Workpail AI; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns, (iv) in a manner that violates any technical documentation, usage guidelines, or parameters, or (v) violates any law or public policy.

Service Availability. Notwithstanding anything to the contrary in the Agreement, Workpail AI may have downtime that results from a failure of a third party or other factors outside of Workpail’s control and, further, may not be available or may include partial responses for content over a certain size.

WARRANTY DISCLAIMER. WORKPAIL DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WORKPAIL AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH WORKPAIL AI. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY WORKPAIL AI FEATURE IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY. OUTPUT THAT APPEAR ACCURATE BECAUSE OF THEIR DETAIL OF SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. WORKPAIL AI CANNOT DYNAMICALLY RETRIEVE INFORMATION, AND OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WORKPAIL OR THROUGH WORKPAIL AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Third Party Provider Policies. If you choose to use the Workpail AI feature(s), you may not use the Workpail AI features in a manner that violates or is otherwise inconsistent with any OpenAI Policy, including but not limited to their Content Policy; Sharing and Publication Policy; and Usage Policies.

Last updated: March 25, 2023