Connext Chatbot Terms of Use#
Revised: May 22, 2024
Copyright 2024 Real-Time Innovations, Inc. (RTI). All rights reserved.
IMPORTANT: You may not use RTI’s software tool known as “Connext Chatbot” and the related services and back-end software (collectively, the “Services”) unless: (a) you or the entity you represent (“you”) are validly licensed to use one or more RTI Connext software solution(s) (each, an “RTI Product”), (b) RTI has provisioned an account for you (the “Account”), (c) your use of the Connext Chatbot and Services is solely in connection with the RTI Product licensed by you, and (d) you agree to be bound by all of the following terms and conditions:
1. Scope. The Connext Chatbot and Services include generative artificial intelligence (“AI”) features and allow you to query documentation, materials, or content comprised in RTI’s databases (collectively, “RTI Documentation”). These Connext Chatbot Terms of Use (this “Agreement”) governs your use of the Connext Chatbot and Services, including its generative AI features, and the RTI Documentation accessed through the Connext Chatbot and Services.
2. AI Generative Features. When you use the generative AI features of the Connext Chatbot and Services, you may be asked to input or upload content, such as text (including specifications, code, configurations, and output parameters), and other content (collectively, “Input”). The Input will be used by the Connext Chatbot and Services to generate an output, such as text (including specifications, code, configurations, and other parameters) and other content, which will be provided within the Connext Chatbot and Services (collectively, “Output”). You may use the Input with, and use the Output generated by, the Connext Chatbot and Services, only in accordance with this Agreement. RTI reserves the right to throttle, limit, disable, suspend, or terminate your right to use or access the Connext Chatbot, Services, and related generative AI features, at any time in RTI’s sole discretion without prior notice to you.
3. Input. You are solely responsible for your Input. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to the Connext Chatbot and Services. You must not submit any Input that: (a) includes content protected by third-party intellectual property rights, unless you have sufficient rights in such content; (b) is intended to generate Output that is protected by third-party intellectual property rights (such as, but not limited to, architecture, configurations, and designs owned by third parties that may be used with RTI Products) unless you have sufficient rights in such work; (c) violates applicable law, including data protection and privacy laws and regulations; (d) is subject to export control under applicable laws and regulations, or (e) violates this Agreement. RTI may automatically block your Input, in RTI’s sole discretion, if RTI believes it violates the rights of a third party, applicable law, or this Agreement.
4. Output.
4.1. Your Responsibilities. You are solely responsible for the creation and use of the Output and for ensuring the Output complies with this Agreement; however, RTI may use available technologies, vendors, or processes to screen for and block Output that may violate applicable law, the rights of a third party, or this Agreement, before the Output may be delivered to you. In addition, you must not remove or alter any watermarks, proprietary notices, or origin-indicating metadata that may be generated with the Output, or otherwise attempt to mislead others about the origin of the Output.
4.2. Similarity of Output. You acknowledge that due to the nature of the Connext Chatbot, the Services, and artificial intelligence generally, Output may not be unique and other users may receive similar content from the Connext Chatbot and Services. RTI’s assignment of Output below does not extend to responses and output generated by the Connext Chatbot and Services delivered to other users.
4.3. No AI/ML Training. You must not, and must not allow third parties to, use any content, data, output or other information received or derived from any generative AI features of the Connext Chatbot or Services, including any Outputs, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems.
4.4. Suitability of Output. USE OF THE GENERATIVE AI FEATURES OF THE CONNEXT CHATBOT OR SERVICES MAY PRODUCE OUTPUT THAT IS INACCURATE, UNEXPECTED, OR UNSUITABLE FOR YOUR USE CASE. YOU ARE SOLELY RESPONSIBLE FOR ALL USE OF THE OUTPUT AND EVALUATING THE OUTPUT FOR ACCURACY AND APPROPRIATENESS FOR YOUR USE CASE, INCLUDING BY UTILIZING HUMAN REVIEW AS APPROPRIATE. YOU MAY NOT USE THE CONNEXT CHATBOT, SERVICES, OR ANY OUTPUT IN CONNECTION WITH SYSTEMS REQUIRING FAIL-SAFE PERFORMANCE OR WHERE MALFUNCTION CAN REASONABLY BE EXPECTED TO RESULT IN PERSONAL INJURY OR DEATH OR SEVERE PHYSICAL OR PROPERTY DAMAGE UNLESS SUCH USE, INPUT, AND OUTPUT HAS BEEN THOROUGHLY REVIEWED, TESTED, AND VALIDATED TO BE ERROR FREE AND FAIL-SAFE BY YOUR OWN OR THIRD-PARTY QUALIFIED PROFESSIONALS IN THE APPLICABLE INDUSTRY USING INDEPENDENT RESOURCES AND METHODOLOGY APPLICABLE TO THAT INDUSTRY.
5. Rights and Licenses.
5.1. RTI. As between you and RTI, RTI exclusively owns all intellectual property rights in and to the Connext Chatbot, Services, and RTI Documentation. Subject to the terms and conditions of this Agreement, you may use the Connext Chatbot, Services, and reproduce and use all or any portion of the RTI Documentation, solely for your own use in connection with your use of RTI Products licensed by you. Your use of RTI Products is governed by the license agreement you accepted or entered into with RTI for the applicable RTI Product (the “RTI Product License Agreement”), and not this Agreement.
5.2. You.
5.2.1. Input. As between you and RTI, you exclusively own all intellectual property rights in and to the Input. You hereby grant RTI, on a perpetual, irrevocable, non-exclusive, worldwide basis, to use Input to provide, maintain, develop, customize, and improve RTI products and services, including the Connext Chatbot, Services and RTI Documentation, without any restriction, obligation, attribution, or compensation to you.
5.2.2. Output. Subject to RTI’s rights in or to any RTI Documentation included in the Output and the other rights and licenses granted to RTI in this Agreement, RTI hereby assigns all intellectual property rights in and to the Output generated by the Connext Chatbot and Services and delivered to you. Notwithstanding the foregoing assignment, you acknowledge and agree that responses and output generated by the Connext Chatbot and Services and delivered to other users are not considered your Output. The Output you receive may not be unique and other users of the Connext Chatbot and Services may generate responses and output that is the same or similar to the Output. The Output may not be protectable by intellectual property rights.
5.3. Personal Data. You acknowledge and agree that any personal data included in, or provided to or collected by RTI in connection with your use of the Connext Chatbot, Services, or Account, may be processed in accordance with RTI’s privacy policy, available at www.rti.com/privacy ( “RTI’s Privacy Policy”).
5.4. Feedback. RTI appreciates any feedback you provide regarding the Connext Chatbot, Services, RTI Documentation, or Output (collectively, “Feedback”). You agree that RTI and its successors, assigns, employees, and contractors, may use Feedback in any manner on a perpetual, irrevocable, non-exclusive, worldwide basis, without any restriction, obligation, attribution, or compensation to you.
6. Disclaimers.
6.1. THE CONNEXT CHATBOT, SERVICES, RTI DOCUMENTATION, AND OUTPUT ARE PROVIDED “AS IS”, AND RTI DISCLAIMS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL EXPRESS AND IMPLIED REPRESENTATIONS, WARRANTIES AND GUARANTEES, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. RTI DOES NOT WARRANT THAT THE CONNEXT CHATBOT OR SERVICES WILL BE UNINTERRUPTED, SECURE, OR THAT ANY CONTENT UPLOADED WILL NOT BE LOST OR ALTERED, OR THAT THE CONNEXT CHATBOT, SERVICES, RTI DOCUMENTATION OR OUTPUT IS COMPLETE, ACCURATE, ERROR FREE, OR RELIABLE. RTI IS UNDER NO OBLIGATION TO MAINTAIN, SUPPORT, UPDATE, OR CORRECT THE CONNEXT CHATBOT, SERVICES, RTI DOCUMENTATION, OR OUTPUT. RTI HAS NO OBLIGATION TO RETAIN, BACK-UP OR RESTORE ANY INPUT OR OUTPUT.
6.2. Generative AI features are not intended as professional, technical, consulting, or other advice or services generally or with respect to RTI Products, your products and services, or any use cases. Do not use generative AI features to seek or provide professional, technical, consulting, or other kinds of advice or any opinions, judgments, endorsements, or recommendations without conducting your own independent consultation or research. Generative AI features cannot replace advice provided by a qualified professional and do not form any such relationship between RTI and you. YOU ACCEPT AND AGREE THAT ANY USE OF OUTPUTS IS AT YOUR SOLE RISK AND YOU WILL NOT RELY ON OUTPUT AS A SOLE SOURCE OF TRUTH OR FACTUAL INFORMATION, OR AS A SUBSTITUTE FOR PROFESSIONAL, TECHNICAL, CONSULTING OR OTHER ADVICE FROM A PROFESSIONAL.
6.3. YOU ACKNOWLEDGE AND AGREE THAT THE CONNEXT CHATBOT AND SERVICES ARE A BETA (EXPERIMENTAL) TRIAL VERSION AND MAY CONTAIN LIMITED FUNCTIONALITY OR FUNCTION ONLY FOR A LIMITED PERIOD OF TIME. YOU ACCEPT AND AGREE THAT ANY USE OF THE CONNEXT CHATBOT AND SERVICES IS AT YOUR SOLE RISK.
7. Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RTI BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE OR OTHERWISE) ARISING OUT OF THE USE OR INABILITY TO USE THE CONNEXT CHATBOT, SERVICES, RTI DOCUMENTATION, OR OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THE EXCLUSION OF CERTAIN DAMAGES, RTI’S AGGREGATE LIABILITY UNDER THIS AGREEMENT FOR SUCH DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100) DURING THE 12 MONTH PERIOD BEFORE THE LIABILITY AROSE OR, IF SUCH LIMITATION IS NOT PERMISSIBLE UNDER APPLICABLE LAW, THEN RTI’S AGGREGATE LIABILITY FOR SUCH DAMAGES SHALL BE LIMITED TO THE MINIMUM AMOUNT OF DAMAGES ALLOWED UNDER APPLICABLE LAW.
8. Release. You hereby release RTI and its affiliates, suppliers, and service providers, and the employees and contractors of each of these (each, a “Releasee”), from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with your use or reliance upon the Output, Connext Chatbot, Services, or RTI Documentation accessed via the Connext Chatbot or Services. In addition, if applicable to you, you waive California Civil Code §1542, which states that: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
9. Indemnity. You agree to indemnify and hold harmless RTI and each Releasee from and against any and all losses, liabilities, damages, fines, penalties, costs and expenses (including attorney’s fees) arising from or relating to any third-party claim relating to your use of the Connext Chatbot, Services, RTI Documentation, Input, or Output, or your breach of this Agreement.
10. Modification.
10.1. Technology. RTI reserves the right, without any obligation to notify you, to change or modify the technology used to provide the Connext Chatbot and Services or to suspend or terminate all or any portion of the Connext Chatbot and Services at any time.
10.2. Terms. You agree that RTI may modify this Agreement and RTI’s Privacy Policy at any time by posting on the Connext Chatbot or on RTI’s website a revised version of the Agreement or RTI’s Privacy Policy. The revised terms of the Agreement or RTI’s Privacy Policy, as applicable, will be effective upon, and deemed to be incorporated into this Agreement as of, the earlier to occur of (a) 30 days after posting or (b) if RTI provides a mechanism for your immediate acceptance of the revised terms, such as a click-through confirmation or acceptance button, your acceptance. By continuing to access or use the Connext Chatbot or Services after the effective date of any revisions to the Agreement or RTI’s Privacy Policy, you agree to be bound by the revised Agreement or RTI’s Privacy Policy, as applicable. Any other modification of this Agreement must be in writing and executed by both parties.
11. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would require the laws of another jurisdiction to apply. RTI and you consent to the exclusive jurisdiction of, and venue in, the state court of Santa Clara County, California, U.S.A., or the federal court of the Northern District of California, U.S.A., except nothing shall restrict RTI from seeking relief to protect its intellectual property rights in any court of competent jurisdiction.
12. Miscellaneous. This Agreement, together with RTI’s Privacy Policy, constitutes the entire agreement between you and RTI regarding the subject matter hereof, and supersedes all previous communications, course of dealing representations and agreements, whether oral or written, between RTI and you with respect to the subject matter hereof. In the event of any conflict between the RTI Product License Agreement and this Agreement, this Agreement shall control solely with respect to the subject matter hereof. The failure by RTI to enforce at any time any of the provisions in this Agreement will in no way be construed as a waiver of such provisions. If any provision of this Agreement is unenforceable as written, the remainder of this Agreement will remain in effect and the unenforceable provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any rule of construction to the effect that ambiguities are to be resolved against the drafting party will not be applied in connection with the construction or interpretation of this Agreement.