Feng-GUI AI Terms

Last modified: June 10, 2024

These terms (the "AI Terms"), together with either the Feng-GUI, Terms of Service (the "TOS") or the signed services agreement between the parties (the "MSA") (as applicable), and any Orders, govern your use of the Feng-GUI AI offerings. All capitalized terms not defined herein shall have the meaning attributed to them in the TOS or the MSA.

Feng-GUI may update these AI Terms from time to time. You understand that if you use Feng-GUI AI after the date on which the AI Terms have changed, Feng-GUI will treat your continued use of the Feng-GUI AI as acceptance of the updated AI Terms. In the event of any conflict or inconsistency between a provision in these AI Terms and the TOS, MSA, or an Order, these AI Terms will govern.

1. Definitions.
"Feng-GUI AI" means the suite of tools, features, and functionalities made available through Feng-GUI's Services that leverage artificial intelligence technologies, including but not limited to, natural language processing, machine learning, and predictive analytics.

2. Services.
Feng-GUI AI is included in the definition of "Services" set-out in the TOS or MSA, as applicable.

3. Use of Feng-GUI AI.
You may provide input to be processed by the Feng-GUI AI ("Input"), and receive output generated and returned by the Feng-GUI AI based on the Input ("Output"). Input and Output are Your Data or Your Content, as applicable. You will not provide Input or attempt to generate Output through Feng-GUI AI that contains any personal information or Sensitive Personal Information. You are solely responsible for the development, content, operation, maintenance, and use of Your Data. You will ensure that your Input and use of Feng-GUI AI and Output will not (i) violate any applicable laws; (ii) violate these Feng-GUI AI Terms, the Agreement, or other Feng-GUI policies; or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party.

4. Third-Party Terms.
Feng-GUI uses third party service providers listed on our Sub-processor List to host and provide the Feng-GUI AI. You understand and agree that each service provider may have their own AI services terms and conditions. Feng-GUI uses artificial intelligence technology developed and provided by OpenAI LLC ("OpenAI"). Customer acknowledges and understands that by using the AI Feature the OpenAI Terms of Service also govern its use of the AI Feature (available here "OpenAI Terms" ). Agreeing to abide by third party terms and conditions is required to access Feng-GUI AI.

5. Use Restrictions.
You will not use the Feng-GUI AI (i) to develop data sets, foundation models, or other large scale models that may compete with Feng-GUI or Feng-GUI AI; (ii) to mislead any person or imply that Output generated using the Feng-GUI AI is unique or solely human generated; (iii) in a manner which violates each respective Sub-Processor's terms or codes of conduct, or any content and use policies we may implement from time to time; (iv) to generate spam or content for dissemination in an unlawful manner; or (v) in a way that violates the Use Restrictions herein or outlined in the TOS or MSA (as applicable).

6. Intellectual Property.
As between the parties, Feng-GUI owns all right, title, and interest in and to the Feng-GUI AI and any resulting usage data, including all intellectual property and proprietary rights therein. Feng-GUI AI shall be deemed to be included in the definition of "Intellectual Property Rights."

7. Training Rights.
For the avoidance of doubt and per contractual requirement, none of Feng-GUI's Sub-processors have the right to use Your Inputs and Outputs to train their third party artificial intelligence models. You hereby grant Feng-GUI a worldwide, limited, revocable, non-exclusive right and license to use and reproduce Your Data in a deidentified manner for the purposes of training Feng-GUI artificial intelligence models. For Enterprise customers, Your Data will be used in a non-deidentified manner to train a custom model solely for the purpose of creating Outputs for You.

8. Risks and Limitations.
Artificial intelligence and machine learning technologies have known and unknown risks and limitations. You acknowledge that you are solely responsible for developing your own internal policies regarding the appropriate use of these technologies and training Users on your account on such policies. By using the Feng-GUI AI, you acknowledge and agree that Feng-GUI is not responsible for any (a) inaccuracies, hallucinations, disinformation, poisoned data, or other errors in the Output, (b) biases or limitations of the underlying algorithms or data, (c) Output that you may find harmful or offensive, (d) Outputs that potentially violate nondisclosure agreements and/or other contractual and confidentiality obligations, and (e) Outputs that fail to disclose the content's non-human origin. If you encounter any Output that is harmful, offensive, or not appropriate, please promptly report it to sales@Feng-GUI.com. You acknowledge that the Feng-GUI AI is an optional feature of the Services overall and that you are free to stop using the feature

9. Disclaimer.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR OUTPUT OBTAINED THROUGH THE USE OF THE FENG-GUI AI IS PROVIDED "AS-IS" AND OBTAINED AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY AS OUTPUTS THAT APPEAR ACCURATE BECAUSE OF THEIR DETAIL OF SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. FENG-GUI 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 WRITTEN OR ORAL, OBTAINED BY YOU FROM FENG-GUI OR THROUGH THE FENG-GUI AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

10. Service Levels Not Applicable.
Notwithstanding anything to the contrary in the MSA, downtime of the Feng-GUI AI that results from a failure of a third-party service will not be included in the availability or uptime calculations.