Salsify AI-Powered Capabilities - Specific Terms

These Salsify AI Powered Capabilities – Specific Terms, together with the Order incorporating these terms and conditions by reference and the terms of service or other governing agreement incorporated into such Order (collectively, this “Agreement”), govern the use and provision of any Salsify AI-Powered Capabilities made available as, with or as a part of a Salsify solution.

1. DEFINITIONS

1.1. “Aggregated Data” means technical data and other data created, received, or processed by or from the Solutions; provided that such data is derived or aggregated in deidentified form.

1.2. “Customer Content” means all Customer data or information made available by Customer to Salsify in connection with Customer’s use of the Solutions, but excluding, for clarity, any Aggregated Data or Usage Data and any information, data, data models, content or materials developed or controlled by Salsify and made available through or in connection with the Solutions.

1.3. “Generated Output” means the data or content generated or received by Customer via Salsify AI-Powered Capabilities as prompted by Customer Content.

1.4. “Salsify AI-Powered Capabilities” means the add-ons, features or functionality of the Salsify platform that use generative AI.

1.5. “Usage Data” means information stored in log files, including internet protocol addresses, type of browser, Internet Service Provider, date/time stamp, referring/exit pages, and clicked pages.

2. SALSIFY AI-POWERED CAPABILITIES

Salsify and its subcontractors will not use Customer Content to train any artificial intelligence model supporting Salsify AI-Powered Capabilities without Customer’s prior permission, except to the extent such trained model is isolated for only Customer’s use. For the avoidance of doubt, the foregoing restriction does not restrict Salsify’s rights to use Aggregated Data and Usage Data for any product development purposes, including improving, enhancing, or training any artificial intelligence model. Salsify will only provide access to Salsify AI-Powered Capabilities to Customer if (i) purchased by Customer pursuant to an Order or SOW, (ii) Customer does not opt out of such access after reasonable prior notice to Customer’s Authorized Users with administrative level access, or (iii) Customer’s Authorized Users with administrative level access opt in to such access. The Salsify AI-Powered Capabilities may produce recommendations, suggestions, translations, or other responses as Generated Output. Notwithstanding anything in this Agreement to the contrary, Customer is solely responsible for its use of Generated Output, including determining whether Generated Output is accurate, complete, and appropriate for Customer’s intended use. Generated Output should not be relied on to meet Customer’s regulatory, legal, or other obligations without human review. As between the parties, Customer owns the Generated Output; however, Customer acknowledges that Generated Output may not be unique and Salsify’s AI-Powered Solutions may produce the same or similar output for multiple Salsify customers. Salsify is not responsible and disclaims all liability for Generated Output and Customer’s use thereof.

3. ORDER OF PRECEDENCE

In the event of any inconsistency between the following documents, the order of precedence shall be: (a) the applicable Order; (b) these Salsify Artificial Intelligence Powered Capabilities – Specific Terms, Solutions; and (c) the terms of service or other governing agreement as set forth in an Order.