Prismic AI Terms of Service

The customer indicated herein ("Customer") agrees to the following terms and conditions with respect to the Translate with AI Feature (the "AI Feature") licensed by Customer from Prismic, Inc.("Prismic") pursuant to the Order Form executed by the parties and using foundational model technology and related components provided by third-party service providers (commonly referred to as "AI Provider"). Except as explicitly stated in these Terms, all terms and provisions of the prior agreement between Customer and Prismic governing Customer’s use of the Prismic Solution (the “Services Agreement”) agreement shall remain unchanged and in full force and effect. These Terms constitute an integral and indivisible part of the Services Agreement and its exhibits. If there is any conflict between these Terms and the Services Agreement regarding the AI Feature, these Terms shall prevail.

1. DISCLAIMER.  NOTWITHSTANDING THE PROVISIONS OF THE SERVICES AGREEMENT, (A) THE AI FEATURES ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW; (B) PRISMIC DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE AI FEATURES INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND (C) ANY OBLIGATIONS OF PRISMIC TO PROVIDE ANY INDEMNITY UNDER THE SERVICES AGREEMENT SHALL NOT APPLY TO ANY AI FEATURES.  IN NO EVENT SHALL PRISMIC BE LIABLE WITH RESPECT TO THE AI FEATURES  FOR (I) CONSEQUENTIAL, EXEMPLARY, PUNITIVE, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES OR COSTS, INCLUDING LOST PROFITS OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LOSS OF DATA,; OR (II) FOR ANY AMOUNT IN EXCESS OF THE GREATER OF (x) THE FEES RECEIVED BY PRISMIC FROM CUSTOMER EXCLUSIVELY FOR THE AI FEATURE IN THE THREE MONTH PERIOD PRIOR TO THE CLAIM; OR (y) $500, WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE AND WHETHER OR NOT PRISMIC HAS BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES OR COSTS. CUSTOMER ACKNOWLEDGES AND AGREES THAT ANY OUTPUTS GENERATED THROUGH THE AI FEATURE MAY BE INCORRECT, INACCURATE, INCOMPLETE, OR MISLEADING. IT IS THE SOLE RESPONSIBILITY OF THE CUSTOMER TO REVIEW, VERIFY, AND VALIDATE ALL SUCH OUTPUTS BEFORE USE, DISTRIBUTION, OR RELIANCE THEREON. Subject to the foregoing, Prismic will, to the extent permitted by the applicable agreements between Prismic and the AI Provider, pass-through to Customer any and all third-party warranties and indemnities provided to Prismic for that AI Feature. 
2. Ownership Rights: As between the Customer and Prismic, and to the extent permitted by law, (a) Customer retains ownership of any content Customer inputs into the AI Feature ("Input") and (b) Prismic does not claim ownership over any content generated by the AI Features from Customer’s Input ("Output"), unless the Output infringes on Prismic’s intellectual property. Due to the nature of AI, Output may not be unique and other users may receive similar output from the AI Feature.
3. Third Party Claims. Customer (a) is solely responsible for providing any notices and make any disclosures and obtain any consents as required by any applicable law, rule or regulation for the use of the Inputs and Outputs with the AI Feature; (b) the Inputs and Outputs shall not infringe or violate any third-party intellectual property, privacy or other rights; and (c) Customer’s Inputs and Outputs and Customer’s use of the AI Feature shall not violate any applicable law. Customer shall indemnify and hold Prismic harmless from any third-party claims resulting from any breach of the foregoing. 
4. Changes. Upon prior notification to Customer for major changes (which may be done through Prismic’s website, email communication or through the dashboard for the Prismic Solution), Prismic may modify the provisions of these Terms or the AI Feature, including, without limitation the identity of the AI Providers or to address modifications to laws or regulations applicable to the Prismic Solution or for technical reasons.  If Customer objects to the changes, then Customer can disable, if possible, or cease to use the AI Feature. Customer’s continued use of the AI Feature after any modification indicates Customer’s acceptance of the modifications and waiver of any right. The Customer agrees that Prismic may, at any time and at its discretion, change the AI Provider used to power the AI Feature.
5. Deactivation: The Customer may deactivate AI Feature at any time by contacting support at the following email address support@prismic.io . Deactivation of the AI Feature, for any reason, shall not result in the termination of the other Prismic Solution service(s), which shall continue to be governed solely by the terms of the Services Agreement.  These AI Terms of Service will survive any deactivation of the AI Feature by Customer.
6. Data usage related to AI:  Prismic reserves the right to use any content, data or information collected, derived or otherwise generated from Customer’s use of or access to the AI Feature as well as the performance of the AI Feature, including, but not limited to, information about Customer’s operating environment, session length, errors, technical logs and other similar data for its internal development purposes which may include the training of its artificial intelligence models.
7. AI Provider Terms: The AI Provider used in connection with the AI Feature, which may be updated from time to time in accordance with these Terms, is designated on the Prismic website at prismic.io/legal/ai-providers.  Customer agrees to comply with any terms and conditions applicable to the AI Provider as set forth on that page.