AI Functionality & Acceptable Use Policy

1. Scope and Applicability

This AI Functionality and Acceptable Use Policy (“AI Policy”) governs Customer’s use of artificial intelligence features included in the Software.

This AI Policy forms an integral part of the Agreement and applies to all use of AI-enabled functionality. Capitalized terms not defined herein have the meanings given in the Agreement.

 

2. Definitions

For the purposes of this AI Policy:

• “Embedded AI Services” means artificial intelligence or machine learning services provided by third-party providers and integrated into the Software.

• “Configura Prompting” means standardized prompts, instructions, retrieval logic, guardrails, or other input mechanisms developed and used by Configura within the Software to guide, structure, or improve AI Output, including prompts not visible to the Customer.

• “Customer Input” means any data, content, prompts, files, materials, or information provided by or on behalf of Customer (or End Users) for processing by the Software, excluding Configura Prompting

• “AI Output” means any content, results, recommendations, or other output generated by the Embedded AI Services based on Customer Input.

 

3. Nature of AI Services; No Warranties for AI Output

The Embedded AI Services:

(a) are pre-trained independently of Customer Input;

(b) operate using probabilistic and statistical methods; and

(c) may produce inaccurate, incomplete, misleading, or unintended results.

Configura does not control the operation, availability, or underlying training data of the Embedded AI Services and shall not be responsible for the actions or omissions of such third-party providers. Configura does not control or guarantee the specific outputs generated by the Embedded AI Services, including where such outputs are influenced by prompts, configurations, or workflows made available through the Software.

Configura does not warrant that AI Output complies with any specific legal, regulatory, or industry requirements. Configura does not guarantee the continued availability, performance, or specific functionality of the Embedded AI Services.

AI Output may be similar to, overlap with, or be identical to content generated for other users or to existing third-party content, and Configura does not guarantee originality or uniqueness of AI Output.

AI Output may be generated based on a combination of Customer Input and Configura Prompting. Configura Prompting may include predefined instructions, contextual enhancements, or other mechanisms designed to improve relevance, consistency, usability, or safety of the AI functionality. Customer acknowledges that such Configura Prompting forms part of the Software’s functionality and does not constitute Customer Input.

Customer acknowledges that Configura Prompting is designed to assist in generating AI Output but does not guarantee any particular outcome, and Configura shall not be liable for the effects of such Configura Prompting on AI Output

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE EMBEDDED AI SERVICES AND AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”, AND CONFIGURA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, including any liability arising from claims of infringement or misappropriation of third-party rights based on AI Output.

 

4. No Training on Customer Data

Configura does not use Customer Input to train, retrain, or fine-tune the Embedded AI Services or Configura’s general AI models, except where expressly agreed in writing.

For the avoidance of doubt, Configura may develop, test, and refine Configura Prompting and related methodologies using its own data, synthetic data, or non-Customer data, provided that Customer Input is not used in violation of this Section.

 

5. Compliance with Laws

Customer is responsible for ensuring that its use of the Software, including Customer Input and AI Output, complies with all applicable laws, regulations, and third-party rights in the jurisdictions in which the Software is used, including without limitation intellectual property, data protection, and confidentiality obligations.

 

6. Customer Responsibilities and Legal Basis for Input

Customer is solely responsible for:

(a) ensuring that Customer Input is lawfully obtained and may be used for AI-based processing; and

(b) evaluating the suitability, accuracy, and legality of AI Output prior to use, publication, distribution, or reliance.

Customer represents and warrants that it has a valid legal basis, authorization, consent, license, or other rights to submit and use Customer Input for AI-based processing in connection with the Software, and to permit Configura and its subcontractors (including Embedded AI Service providers) to process Customer Input as necessary to provide the Software.

 

7. Acceptable Use Restrictions

Customer shall not use the AI functionality (including Embedded AI Services and AI Output) to:

(a) generate, reproduce, distribute, or otherwise use content that infringes or misappropriates any third party’s intellectual property rights or other rights;

(b) recreate, imitate, or produce works that are substantially similar to identifiable third-party protected works in a manner likely to infringe third-party rights;

(c) circumvent contractual, legal, or technological restrictions governing third-party content or services;

(d) generate output for the purpose of replacing or imitating proprietary content, products, or services without appropriate rights or authorization; or

(e) submit Customer Input where Customer does not have the necessary rights, licenses, or legal basis for such use.

 

8. AI Output Is Not Professional Advice

AI Output does not constitute legal, financial, medical, safety, or other regulated professional advice and must not be relied upon as such. Customer is responsible for obtaining independent professional advice where required.

 

9. Intellectual Property

Configura retains all rights, title, and interest in and to the Software. No rights are granted to Customer in the Embedded AI Services themselves.

AI Output may not be eligible for intellectual property protection, and Configura does not represent that Customer will obtain any intellectual property rights in AI Output. Customer bears all risk associated with its use of AI Output, including risks relating to third-party claims.

Configura retains all rights, title, and interest in and to Configura Prompting, including any improvements, modifications, or derivatives thereof. No rights are granted to Customer in Configura Prompting.

 

10. Indemnification by Customer

Customer shall defend, indemnify, and hold harmless Configura, its affiliates, and their respective directors, officers, employees, and agents from and against any and all claims, demands, actions, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or relating to:

(a) Customer Input;

(b) Customer’s use of the AI functionality (including Embedded AI Services); or

(c) Customer’s use, publication, distribution, or reliance on AI Output,

including without limitation any allegation that such Customer Input or use of AI Output infringes or misappropriates any third party intellectual property or other rights.

This indemnity shall apply regardless of whether such claims arise in contract, tort, or otherwise, and irrespective of whether Customer had knowledge of the potential infringement.

 

11. Limitation of Liability (AI-Specific)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, CONFIGURA SHALL NOT BE LIABLE FOR:

(a) any errors, omissions, inaccuracies, or non-uniqueness in AI Output;

(b) any decisions made or actions taken based on AI Output; or

(c) any claims arising from Customer’s use, publication, or distribution of AI Output,

and any liability related to AI functionality shall be subject to the limitations and exclusions of liability set forth in the Agreement.

 

12. Suspension Rights

Configura may suspend access to AI functionality where Configura reasonably believes Customer is in material breach of this AI Policy or where necessary to mitigate material legal, security, or compliance risk. Configura will use commercially reasonable efforts to provide notice and to reinstate access promptly following cure of the breach or mitigation of the risk, where feasible.

 

13. Updates to AI Policy

Configura may update this AI Policy from time to time. Configura will provide notice of material changes through the Software, by email, or by other reasonable means. Continued use of AI functionality after the effective date of an update constitutes acceptance of the updated AI Policy, to the extent permitted by applicable law.

Configura may, but is not obligated to, provide general information about the nature and purpose of Configura Prompting upon reasonable request, provided that no confidential or proprietary details are disclosed.