AI Acceptable Use Policy
This AI Services Attachment (“AI Services Attachment”) is incorporated into and made a part of the Master Relationship Agreement or such other written or electronic agreement between NiCE and Customer for the purchase of Cloud Services (“Agreement”). Except as otherwise set forth herein, capitalized terms not defined herein will have the meaning set forth in the Agreement.
1. General Terms.
This Attachment describes the additional terms that apply to AI Services. Customer shall use the AI Services in accordance with this Attachment.
2. Definitions.
“AI” means artificial intelligence, or computer programs created to mimic the decision-making abilities and reasoning of human beings, including natural language processing, machine learning, predictive analytics, and generative artificial intelligence.
“AI Service(s)” means NiCE Cloud Services or Software with AI technology or features.
“Input” means any Content, whether a prompt, instruction, query, or data that Customer provides, designates, selects, or inputs for use by an AI Service to generate Output.
“Disclosures” means information and technical documentation concerning the AI Services and their models required to be disclosed by applicable law.
“Output” means any data, text, sound, video, image, or other content generated by an AI Service in response to Input. Output does not include Resulting Information.
3. Use of AI Services.
NiCE grants Customer the right to use the AI Services and any Output consistent with Customer’s Order for the applicable AI Services, the Documentation, and this Attachment. Customer grants NiCE and its Affiliates a worldwide, non-exclusive, royalty-free non-sublicensable, non-transferable license to use, copy, store, and display Input and Output to provide the Cloud Services and Software and otherwise perform its obligations under the Agreement. Customer is responsible for Input and for its generation and use of Output in accordance with this Attachment, and for determining whether Customer’s use of AI Services is safe, unbiased, and permitted by law.
4. Output
4.1 NiCE will provide AI Services that have been trained and tested to mitigate harm and avoid biased Output as required by applicable law. NiCE may use available technology to screen for, filter, or block Output that is not compliant with legal requirements or this Attachment. Customer’s sole and exclusive remedy, and NiCE’s sole obligation, with respect to this Section 4.1 is for NiCE to correct the AI Services as part of Support.
4.2 Notwithstanding anything to the contrary contained in Section 4.1, Customer understands and acknowledges that Output: (a) may be unreliable, inaccurate, misleading, or offensive, and Customer agrees that it will use human oversight to carefully evaluate and independently review all Output before relying on, or otherwise using it, for any purpose; and (b) is generated as a non-exclusive response to Input, and the AI Service may generate the same or similar Output for other NiCE customers based on their input or the context of their usage. Since Output may not be entirely human generated, NiCE makes no representation or warranty regarding Output, including ownership thereof. NiCE is not responsible for any labeling or disclosures to individuals with respect to the Output.
5. Intellectual Property Rights
Customer is the owner of Input and is hereby granted the right to use Output during the Subscription Term. NiCE and its providers own and reserve all rights, title, and interest in and to the AI Services and in the underlying models, software, and technologies, including intellectual property rights therein.
6. Use Restrictions
In addition to the restrictions in the Agreement, Customer shall not, either directly or indirectly, (a) extract or discover an AI Service’s components, data, models, model weights, algorithms, safety features, or operation; (b) use the AI Services or Output in combination with competitive technology or service without NiCE’s prior written consent, or to build, improve, assist, or train a competitive technology or service; or (c) use web scraping, web harvesting, or web data extraction methods to extract data from an AI Service or from Output. Breach of the foregoing provision will be deemed a material breach of the Agreement.
7. Training Data
NiCE does not allow the use of Content, Input, or Output to train AI Service Provider (as defined below) models. NiCE may use Input and/or Output to enhance the AI Services. NiCE will comply with applicable data security and privacy laws, and where practical for the AI Services, Input and Output will be: (a) anonymized so that they do not identify Customer, its users, or any other person; and (b) aggregated with data across other customers.
8. Compliance
NiCE has and will maintain policies, procedures, systems, processes, and controls (“Compliance Controls”) to assess, monitor, manage, and mitigate risks in its AI Services including with respect to legal compliance, privacy and data security, reliability, accuracy, safety, bias and discrimination, transparency, and explainability. NiCE will periodically review and update the Compliance Controls to align with legal and regulatory changes consistent with industry practices. NiCE will provide Disclosures regarding the AI Services as required by applicable law.
9. Reporting
If there are errors or unexpected outcomes arising from the AI Services, including bias or hallucinations, Customer will inform NiCE using Support processes.
10. Third-Party Terms
NiCE provides some of the AI Services, or parts thereof, using technology and models from third-party licensors (“AI Service Providers”). If Customer’s use of AI Services is subject to additional terms or policies of the AI Service Providers, NiCE will include links to those additional terms and policies as part of the product descriptions.
11. Indemnification
Due to the nature of AI Services, the following are additional exceptions to NiCE’s defense and indemnity obligations for intellectual property matters: (a) any Claim arising from Output generated in connection with Input or other data provided by Customer that, alone or in combination, infringes or misappropriates, or the Customer knows or reasonably should know may infringe or misappropriate another party’s intellectual property rights; (b) if Customer interferes with, or fails to enable, available filters and other tools, or disregards instructions made available for the AI Service; (c) if Customer has fine-tuned, refined, customized, or otherwise modified an AI Service and the alleged infringement or misappropriation would not have occurred but for this fine-tuning, refinement, customization, or modification; (d) any Claim arising after Customer receives notice to stop using the Output; or (e) any Claim arising from Customer’s breach of the Agreement or use of AI Services in violation of this AI Service Attachment or the Documentation.