AI- Additional Terms of Use

Enboarder utilizes cutting-edge artificial intelligence (AI) technology and natural language processing to enhance your workflow building experience. These AI Additional Terms of Use (“AI Terms”) govern your use of the AI Features (as defined below) provided by Enboarder and supplement the governing agreement between Enboarder and you (“the Agreement”), either the Enboarder Terms of Service or a negotiated agreement, which terms are incorporated herein by reference. To the extent of a conflict between the Agreement and these AI Terms, these AI Terms shall control. Any capitalized term not defined herein shall have the meaning ascribed to it in the Agreement.

By using the AI Features of the Enboarder Platform, you acknowledge that you have read, understood, and agreed to be bound by these AI Terms.

AI Features

From time to time, Enboarder may offer various AI-powered features and services to assist Users in their workflow building and onboarding journey (“AI Features”), including, but not limited to:

• Personalized workflows for each employee journey
• Guiding employees through onboarding processes
• Conducting check-ins with new hires at determined intervals
• Coaching managers on employee feedback

Accuracy and Reliability

While we strive to provide accurate and reliable AI Features, you acknowledge and understand that AI technology may not be error-free. The accuracy and reliability of the AI Features may vary based on factors such as data input, user interactions, and system limitations. Therefore, Enboarder does not guarantee the accuracy, reliability, or completeness of the AI-generated content or recommendations, and you are responsible for independently checking their accuracy, as they could be false, incomplete, misleading, and not inclusive of recent events. Enboarder hereby disclaims any liability for the input provided by Users and the output generated by the AI Features.

User Responsibilities

When using the AI Features of the Enboarder Platform, you agree to the following:

• Provide accurate and relevant information as required for the AI to function effectively.
• Verify the accuracy of AI-generated output and recommendations before relying on them for any purpose.
• Exercise caution and critical thinking when interpreting AI-generated output or recommendations.
• Report any inaccuracies or errors encountered while using the AI Features to the Enboarder Support team using the contact details specified below.
• Do not mislead any person that AI-generated output and recommendations were solely human-generated.
• Do not use the AI Features to promote discriminatory practices or behaviors against individuals or groups on the basis of one or more protected attributes such as race, ethnicity, religion, nationality, gender, sexual orientation, or any other identifying traits
• Do not violate any person’s privacy rights as defined by applicable privacy laws, such as sharing personal information without consent, accessing private data unlawfully, or violating any relevant privacy regulations
• Do not shame, humiliate, intimidate, bully, harass, or celebrate the suffering of individuals
• Do not create or spread any deceptive of misleading information

High-Risk Uses

You may decide to make use of the AI Features in a way that pose an elevated risk of harm and are defined as high risk under applicable law (“High-Risk Uses”). Such High-Risk Uses include decisions about the employability of individuals, resume screening, hiring tools, or other employment determinations such as promotions, terminations, or compensation determinations. If your use of the AI Features includes a High Risk Use, you must (i) provide adequate disclosures to your end users that you are using the Enboarder platform to help inform your decisions or recommendations and (ii) establish processes that include qualified humans to review the content or decisions before decisions are made about an individual.

Intellectual Property Rights and Privacy

All intellectual property rights in the AI Features provided by Enboarder, including, but not limited to, algorithms, models, and datasets, are owned by Enboarder or its licensors. These AI Terms do not grant Enboarder any ownership interest in your content, including your company directory and any video recordings you create, as well as associated metadata, within the Enboarder Platform (“Content”). You represent and warrant that you have all rights, consents, and permissions, and made all necessary disclosures, necessary with respect to access to and use of your Content with the AI Features. Enboarder will use your Content to create Outputs using the AI Features. Enboarder remains committed to protecting your privacy and safeguarding your personal data within the AI Features in accordance with our Privacy Policy. We never sell your personal data or permit use of your Content to train third-party machine learning models.

You hereby grant Enboarder a perpetual, irrevocable, non-exclusive, royalty-free, paid-up, worldwide, sublicensable license to create anonymized and/or aggregated versions of your content to create anonymized and/or aggregated data (“Anonymized/Aggregated Data”). You also grant Enboarder the right to capture data on the usage of AI Features, such as what features are used, performance data of the AI Features, and other usage statistics (“Usage Data”). Enboarder shall be the sole owner of all Anonymized/Aggregated Data and Usage Data and may use, publish, share, distribute, or disclose such Anonymized/Aggregated Data and Usage Data for any and all purposes, including improving the Enboarder Platform and creating new products, provided that no personal data or confidential information about you can be separated from the Anonymized/Aggregated Data and identified as originating from you.

As between Enboarder and you, Enboarder retains ownership of all outputs generated by the AI Features (“Outputs”), subject to you retaining ownership of any of your Content within the Outputs. Subject to your compliance with these AI Terms, Enboarder hereby grants you a limited, royalty-free license to use the Outputs within the Enboarder Platform during the term of and subject to the specifics of your license to the Enboarder Platform. You acknowledge and agree that Outputs may be similar to outputs provided to other third-parties, as well as that Outputs come from models that are trained on datasets that might not reflect the most current or up to date information. You retain full responsibility for independently verifying Outputs and should not rely on the accuracy of such Outputs.

If you provide any feedback to Enboarder regarding the AI Features, Enboarder may use that feedback at its own risk and without obligation to you.

Compliance with Laws

Each Party will comply with all laws and regulations applicable to the provision (for Enboarder) and use (by you) of the AI Features.

Indemnification

Solely with respect to claims arising from, relating to, or derived from the AI Features, any indemnification provided under the Agreement is hereby replaced with the following indemnification:

Claims Against You. Enboarder will defend you and your personnel, successors, and assigns from and against any Customer Claim (as defined below) and indemnify you for any judgment that a court of competent jurisdiction grants a third party on such Customer Claim or that an arbitrator awards a third party under any Enboarder-approved settlement of such Customer Claim. “Customer Claim” means a third-party claim, suit, or proceeding alleging that Customer’s use of the AI Features in accordance with these AI Terms or Outputs generated through such authorized use violates third-party patent, trade secret, trademark, or copyright rights.

Claims Against Enboarder. You will defend Enboarder and its personnel, successors, and assigns from and against any Enboarder Claim (as defined below) and indemnify them for any judgment that a court of competent jurisdiction grants a third party on such Enboarder Claim or that an arbitrator awards a third party under any settlement of such Enboarder Claim that you approved. “Enboarder Claim” means any third-party claim, suit, or proceeding related to your or your end users’ (a) prompts or other data provided by on behalf of you to the AI Features, or (b) use of the AI Features in violation of the Agreement or these AI Terms. Enboarder Claims and Customer Claims are each a “Claim”, as applicable.

Exclusions. Neither party’s defense or indemnification obligations will apply to the extent the underlying allegation arises from the indemnified party’s fraud, willful misconduct, violations of law, or breach of the Agreement or these AI Terms. Additionally, Enboarder’s defense and indemnification obligations will not apply to the extent the Customer Claim arises from: (a) modifications made by you or your end users to the AI Features or Outputs; (b) the combination of the AI Features or Outputs with technology or content not provided by Enboarder; (c) prompts or other data provided by or on behalf of you; (d) use of the AI Features or Outputs in a manner that you know or reasonably should know violates or infringes the rights of others; (e) an alleged violation of trademark based on use of an Output in trade or commerce.

Sole Remedy. To the extent covered under this Section (Indemnification), indemnification is each party’s sole and exclusive remedy under these AI Terms for any third-party claims.

Limitation of Liability

THE AI FEATURES AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND. ENBOARDER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD-PARTY PRODUCTS OR SERVICES, INCLUDING THIRD-PARTY INTERFACES. ENBOARDER EXPRESSLY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING OR PERFORMANCE, OR TRADE USE. ENBOARDER DOES NOT WARRANT, AND DISCLAIMS THAT, THE AI FEATURES OR OUTPUTS ARE ACCURATE, COMPLETE OR ERROR-FREE OR THAT THEIR USE WILL BE UNINTERRUPTED OR MEET YOUR DESIRED RESULTS. ANY RELIANCE MADE ON OUTPUTS AND ACTIONS TAKEN BASED THEREON ARE MADE AT YOUR SOLE RISK.

Notwithstanding any provision of the Agreement and to the extent permitted by law, except for a Party’s indemnification obligations, neither Party shall be liable for any direct, indirect, incidental, special, consequential, exemplary, or punitive damages arising out of or in connection with your use of the AI Features, regardless of the form of action, whether in contract, tort, strict liability or otherwise, even if such Party was advised in advance of the possibility of the damages in question and even if such damages were foreseeable.

Modification of AI Terms

Enboarder reserves the right to amend or modify these AI Terms at any time by posting a revised version on the https://enboarder.com website and by sending a notice to the email address associated with you whenever such amendments are material in our reasonable opinion. We encourage you to check this page regularly. If you do not agree with the amendments to these AI Terms, you shall discontinue your use of the AI Features. Your continued use of the AI Features following any such changes constitutes acceptance of the modified AI Terms.

Contacts

If you have any questions or concerns regarding these AI Terms, please contact Enboarder at privacy@enboarder.com.