Introduction to the Talkwalker AI Terms. These AI Terms have been drafted to govern your use of AI-Powered Services as defined below - Yeti Data Studio. AI technology is still in the early stages of development and use of AI-Powered Services is, ultimately, at your own risk. There are rapid legal developments in the AI space and Talkwalker may amend the Talkwalker AI Terms from time to time to reflect new laws and market developments.

Talkwalker AI Terms

Last modified: October 10th, 2024

These Talkwalker AI terms (the “AI Terms”) apply to your use of our AI-Powered Services and are incorporated into, and form part of, the Agreement (as defined below) applicable to your access and use of the Services (the “Terms”). Capitalized terms not defined in these AI Terms have the meanings given to them in the Agreement. In the event of a conflict between the Agreement and the AI Terms, the AI Terms will apply. Talkwalker may update the AI Terms from time to time. You are responsible for regularly reviewing the most current version of the AI Terms. When we change the AI Terms, we will update the “Last Modified” date above.

  1. Talkwalker Terminology.

“AI-Powered Services” refers to Yeti Data Studio only, a product feature, which uses artificial intelligence capabilities powered by AI Service Providers.

“AI Functionality” is the underlying artificial intelligence functionality enabling the AI-Powered Services partly or wholly provided by AI Service Providers.

“AI Service Providers” are third-party service providers that Talkwalker relies on in supporting its own technology to provide certain AI Functionality.

"Agreement" means Terms of Service as available at: https://www.talkwalker.com/legal or any master service agreement or other main agreement that you have in place with Talkwalker.

“Outputs” are any information and data (such as, but not limited to, text, images, photos, videos, audio and documents) generated by the AI-Powered Services based on any Company Data inputted into an AI-Powered Service, to the exception of Third-Party Content and Generated Reports.

“Third-Party Content” means any data, information, or content originating from or belonging to any third-party.

  1. Company Data and Outputs.

(a) Transfers of Company Data to AI Service Providers. When you use any AI-Powered Services, you (a) permit us to submit Company Data to an AI Service Provider; (b) grant the AI Service Provider permission to access or otherwise process your Company Data for the operation of the AI-Powered Service; and (c) acknowledge that some AI Service Providers do not consider such Company Data submitted to them to be Confidential Information. We will not be liable for disclosure, unauthorized access, loss, misuse, use, changes to, or deletion of the data associated with your Customer Content or for losses or damages you may suffer from access to such data by an AI Service Provider.

(b) Outputs. To the extent that any intellectual property rights exist in the Outputs, Talkwalker acknowledges all such intellectual property rights in and to such Outputs belong to you. You and anyone else who accesses our AI-Powered Services may access Outputs that might be unlawful, offensive, biased, harmful, inaccurate or otherwise inappropriate. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, RELIABILITY AND APPROPRIATENESS OF THE OUTPUTS FOR YOUR USE, INCLUDING BY HUMAN REVIEW, IF APPROPRIATE. TALKWALKER DOES NOT WARRANT OR REPRESENT THAT OUTPUTS WILL BE ORIGINAL OR UNIQUE AND DOES NOT ACCEPT ANY LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM YOUR USE OF THE OUTPUTS OR ANY OMISSIONS OR ERRORS CONTAINED IN THE OUTPUTS. USE OF AI-POWERED SERVICES IS AT YOUR OWN RISK.

(c) Service Improvements. Notwithstanding anything to the contrary in the Terms, Customer agrees and instructs that Talkwalker may use Company Data and Outputs to develop and improve the capabilities of the AI-Powered Services (including Talkwalker’s machine-learning technologies), both during and after the term of the Agreement, provided that such data is not shared with any other customer or a third party (except for the purposes of providing and improving the Services).

(d) Company Data. In order to provide to you the AI-Powered Services, and solely for that purpose, you authorize Talkwalker to use, technically modify and integrate into any other derivative works Company Data, including intellectual property rights, if any.

  1. No Warranties, Indemnities or Service Level Agreement for AI-Powered Services.

Notwithstanding anything to the contrary in the Agreement, we may remove, modify, replace the AI Service Provider and/or the AI Functionality of any AI-Powered Service for any reason (including, but not limited to, changes in applicable law, regulations or government orders or sanctions) at our sole discretion. In such case, any Fees for the AI-Powered Service (if applicable) will be prorated. The representations, warranties, indemnities and service level commitments that Talkwalker provides to you in respect of the Services do not apply to the AI Functionality provided by AI Service Providers. Notwithstanding anything to the contrary in the Terms, under no circumstances will Talkwalker be liable for the acts or omissions of any AI Service Provider including the failure of any AI Functionality in the AI-Powered Services.

  1. AI Acceptable Use.

Use of AI-Powered Services and/or any Outputs is subject to restrictions. It is strictly prohibited to use the AI-Powered Services for unlawful purposes, including but not limited to the violation of any local, state, national, or international law or regulation. This includes the transmission of any data that is illegal, defamatory, harassing, fraudulent, or infringing on the rights of others. Furthermore, AI-Powered Services and/or any Outputs must not be used to develop competing models or functionalities, mislead others into believing that the Output was solely human-generated, generate spam, or in a manner that violates any technical documentation, usage guidelines, or parameters. Violation of these use restrictions may lead to the suspension or termination of your access to the AI-Powered Services.

Since we rely on AI Service Providers to provide the AI-Powered Services, you also agree to use the AI-Powered Services in compliance with any usage restrictions as well as any terms and conditions applicable to the relevant AI Service Provider. For Yeti Data Studio these are described in Microsoft Azure OpenAI’s Acceptable Use Policy for Online Services, available at: https://www.microsoft.com/licensing/terms/product/ForOnlineServices/all.

  1. Miscellaneous.
  1. All matters not regulated herein shall be governed by the Agreement.
  2. The list of subprocessors included in the data processing agreement is hereby complemented by the AI Service Provider and available at: https://www.hootsuite.com/legal/subprocessor-list.