Legal information
NEXT AI Supplementary Terms
Publication date March 30, 2023
Effective date March 30, 2023
Introduction
These NEXT AI Supplementary Terms (“NEXT AI Terms”) form a part of the Terms of Service and the Master Cloud Agreement, as applicable, between you and NEXT (the “Agreement”). These NEXT AI Terms apply to Customer's access and use of any NEXT AI feature(s) and, if applicable, your NEXT AI Add-On Subscription. Any terms used herein have the same meaning as in the Agreement.
Definitions
“NEXT AI” means any feature(s) or functionality made available by NEXT and labeled as NEXT AI that utilize data models trained by machine learning.
“NEXT AI Suite” means the suite of NEXT AI analysis, authorship, and editing tools, 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, and translation of existing textual content.
Subscription Term and Subscriptions.
NEXT AI Add-On Subscriptions include the features and functionality as outlined on our website and the Documentation for the applicable Subscription Plan. Unless otherwise indicated at the time of purchase or in an Order Form, the Subscription Term for a NEXT AI Add-on shall be coterminous with your primary Subscription to the NEXT Service, including any renewal Subscription Term.
Improving NEXT AI.
NEXT does not use Customer Content or permit others to use Customer Content to train the machine learning models used to provide the NEXT AI Suite. Customer use of the NEXT AI Suite does not grant NEXT any right or license to Customer Content 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 NEXT 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 permission.
Input and Output.
Customer may provide input to be processed by NEXT AI (“Input”), and receive output generated and returned by NEXT AI based on the Input (“Output”). When Customer uses NEXT AI, Input and Output are your Customer Content. Customer is solely responsible for the development, content, operation, maintenance, and use of Customer Content. Customer will ensure that Customer Input and use of NEXT AI and Output will not (i) violate any applicable law; (ii) violate these NEXT AI Terms, the Agreement or any of our policies; or (iii) infringe, violate, or misappropriate any of our rights or the rights of any third party. Customer acknowledges that due to the nature of machine learning and the technology powering NEXT AI features, Output may not be unique and NEXT AI may generate the same or similar output to NEXT or a third party.
NEXT AI Feature Use Restrictions.
Customer may not use NEXT AI or Output (i) to develop foundation models or other large scale models that compete with NEXT or NEXT 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, or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.
WARRANTY DISCLAIMER.
NEXT DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF NEXT AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH NEXT AI. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY NEXT AI FEATURE IS DONE AT CUSTOMER'S SOLE RISK. CUSTOMER 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. NEXT 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 NEXT OR THROUGH NEXT AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Intellectual Property
Your browser or device may include "Do Not Track" functionality. Because there is not yet a common understanding of how to interpret Do Not Track signals, we do not currently respond to "Do Not Track" signals. However, you can opt out from the use of cookies and beacons as explained above.
Service Level Agreement Are Not Applicable.
Notwithstanding anything to the contrary in the Agreement or the Service Level Agreement, downtime of NEXT AI that results from a failure of a subprocessor or third party service will not be included in the Availability Standard, Disruption, or Service Credit calculations.
Additional Use Provisions
Code of Conduct
NEXT uses technology provided by Microsoft Azure OpenAI (‘AzureAI’) to provide the features and functionality. Customer must not use Azure AI in a manner that violates its Code of Conduct.
Additional Processing Instructions
To the extent your Input contains Customer Personal Data (as that term is used or similarly defined in the Data Processing Addendum in place between the parties), Customer instructs NEXT to process the Customer Personal Data for the additional purpose of providing the NEXT AI functionality and Output.
Do you have any questions?
Contact us at ai@nextapp.co