Ashby Terms for AI Features

These Ashby Terms for AI Features (these “Terms”) supplement, are subject to and are governed by the Ashby Customer Terms of Service or, if Customer has executed a Master Services Agreement with Ashby, such Master Services Agreement (each as applicable, the “Agreement”). These Terms apply specifically to Customer’s use of certain artificial intelligence tools and functionality that Ashby makes available to Customer in connection with the Ashby Service and that Customer specifically opts into using (“AI Tools”). Any terms used in these Terms that are not otherwise defined have the same meaning as in the Agreement.

1. Acceptance of Terms.

By accessing or using the AI Tools, Customer agrees to comply with and be bound by these Terms as well as the Agreement. If Customer does not agree to these Terms, please do not use the AI Tools.

2. Use of Third-Party AI Services.

The AI Tools incorporate artificial intelligence services from third-party providers (each, a “Third-Party AI Service” and collectively, “Third-Party AI Services”). The Third-Party AI Services currently used by Ashby in providing the AI Tools are:

a. OpenAI. Use of OpenAI services is subject to the OpenAI Business Terms.

b. AWS. Use of Amazon Bedrock services is subject to the Amazon Bedrock Service Terms.

c. Google Gemini. Use of Google Gemini services is subject to the Google Gemini API Additional Terms of Service

By opting into the AI Tools, Customer agrees that use of the AI Tools is subject to the Third-Party AI Services terms.

A description of specific functionality, data use, and AI models employed by the AI Tools is provided in Ashby's AI Model Cards, available in the Ashby Trust Center.

3. Rights Granted to Ashby.

a. Use of Customer Data. Customer grants to Ashby a worldwide, non-exclusive, royalty-free license to use, reproduce, process, and transmit Customer Data solely for the purpose of facilitating Customer’s use of the AI Tools and as otherwise set forth in these Terms and the Agreement. For clarity, neither Ashby nor any Third-Party AI Service will use Customer Data to train any machine learning models.

b. Feedback. If Customer provides Ashby with any feedback or suggestions regarding Customer’s use of the AI Tools, Customer grants Ashby permission to use such feedback or suggestions for any purpose, without attribution or compensation to Customer.

4. Reservation of Rights.

Customer agrees that, except for the right to use the AI Tools in accordance with these Terms, Ashby and the Third-Party AI Services reserve all rights to the AI Tools.

5. Customer Data and Privacy.

a. Protection of Customer Data. In order to use the AI Tools, it will be necessary for Customer to input certain Customer Data into the AI Tools. The privacy and security of Customer Data submitted via OpenAI’s API, Amazon Bedrock’s API, and Google Gemini’s API will be protected in accordance with OpenAI’s enterprise privacy terms, Amazon Bedrock’s data protection terms, and Google’s Gemini API Additional Terms of Service respectively, and by Ashby in accordance with the Agreement. Customer Data will only be processed by Third-Party AI Services for the purpose of fulfilling Customer’s AI Tool requests. Such processing is subject to the principle of data minimization; only data necessary for each specific AI request will be transmitted. Customer Data is not used for any other purpose and is not retained beyond the processing session.

b. Subprocessors. For purposes of compliance with Article 28 of the General Data Protection Regulation (to the extent applicable), Customer authorizes Ashby to engage the Third-Party AI Services identified above as subprocessors of Customer Data in accordance with these Terms and any data processing agreement entered into with Customer.

6. Disclaimers.

a. No Responsibility for Outputs. Ashby is not responsible or liable for the outputs generated, interpreted, or used through the AI Tools, nor the accuracy, usefulness, safety, or intellectual property rights relating to such outputs. Customer should independently verify outputs.

b. As-is Basis. The AI Tools are provided "as is." Neither Ashby nor any Third-Party AI Service makes any representation or warranty of any kind, express or implied, regarding the completeness, accuracy, reliability, validity, or availability of any information accessed through or any outputs generated by the AI Tools.

7. Customer Responsibilities.

a. Responsibility for Inputs. Customer is solely responsible for all Customer Data that Customer inputs into the AI Tools and the outputs received. Customer must ensure that all such Customer Data complies with all applicable laws and does not infringe the rights of any third party.

b. Responsibility for Use of Outputs. Customer is solely responsible for its use of the outputs generated by the AI Tools. It is Customer’s responsibility to verify the appropriateness and accuracy of such outputs for Customer’s intended purposes.

c. Restrictions. Customer must not use the AI Tools to generate content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties.

8. Termination.

Ashby reserves the right to suspend or terminate Customer’s access to the AI Tools at any time, without notice, for conduct that Ashby reasonably believes violates these Terms or the Agreement or is harmful to other users of the Service, Ashby, or third parties.

9. Amendments.

Ashby may amend these Terms from time to time. Customer’s continued use of the AI Tools after any such amendment constitutes Customer’s acceptance of the new Terms.