Generative AI Technologies: Transparency Disclosure, Terms of Use and Limitation of Liability
Certain of Botify’s Services will use generative artificial intelligence technologies (“GenAI”), either developed by Botify or licensed from third party vendors specializing in development of GenAI. GenAI is used by Botify to introduce automation and processing efficiencies. Where GenAI is used in Botify Services to glean insights from Customer Data or provide recommendations, disclosure will be made in the description of the offering and in within the Services at time of first access.
Customer acknowledges and agrees that recommendations, insights, or suggestions provided by Botify through its use of any GenAI ("Botify GenAI Recommendations"), are generated based on algorithms and data analytics, and are intended solely for informational purposes as suggested enhancements to Customer's WebProperties, or process recommendations, which in all cases require human oversight and review to determine appropriateness for Customer’s specific requirements. Customer understands that the effectiveness of such Botify GenAI Recommendations is influenced by various factors beyond the control of Botify, including but not limited to search engine algorithms, market conditions, validity of Customer Data, and competitor strategies.
Customer acknowledges that use of any Botify GenAI Recommendations provided by Botify is solely at the Customer's discretion and risk and Botify offers no warranty of fitness for a particular purpose with regard to such recommendations. Botify shall not be liable for any direct, indirect, incidental, consequential, or special damages arising from or related to the use or reliance on such Botify AI Recommendations, including but not limited to loss of profits, business interruption, or any loss of data, even if Botify has been advised of the possibility of such damages. Customer further agrees to indemnify and hold harmless Botify, its affiliates, employees, and agents, from any claims, damages, losses, or expenses arising out of or related to the Customer's use of the Botify GenAI Recommendations or any decisions made based on GenAI recommendations.
Data Protection and Processing Notice: In the use of GenAI, Botify may process personal data. Botify will process such data in accordance with the Applicable Data Protection Laws. The processing of personal data is subject to the terms of Botify’s Data Processing Agreement (DPA) or a bespoke DPA if agreed and signed between the parties. Botify acts as a data processor when handling personal data.