Artificial Intelligence (AI) Use Terms and Notifications

This Artificial Intelligence (AI) Use and Notifications document (“AI Use Terms”) applies to all Products and Services offered by Class Technologies, Inc. (“Company”) and its Affiliates and Divisions, and contains important disclosures, notifications and disclaimers to which the Customer licensing or purchasing any of the Products and/or Services (“You”) and Your Users will be subject. These AI Use Terms are intended to provide You and Your Users with additional information regarding Company’s AI functionalities within the Products and Services, including guidelines for the use of such functionalities and the handling of Your personal data and other confidential or sensitive data within the AI functionalities.

These AI Use Terms are issued pursuant to and incorporate by reference the terms and conditions of the Class Order Form and Class License and Services Agreement (the “Agreement”) or Terms of Service by and between Company and You and serves as a supplement to the Agreement. All capitalized terms in this AI Use Terms shall have the same meaning as set forth in the Agreement, unless defined herein.

By using the Products and Services, or selecting “I Accept” to any Class AI consent requests, or agreeing to the terms of the Agreement, You acknowledge and accept this AI Use Terms and agree to be bound by its terms. Please note if consent is not given when prompted, you will be removed from the Class session. This AI Use Terms is effective immediately upon the Effective Date of your Agreement or your use of the Products and Services.

In the event of a conflict or inconsistency between the terms of the Agreement and the terms of this AI Use Terms, these AI Use Terms shall supersede and govern.

Definitions

For the purposes of these AI Use Terms, the following definitions apply:

• “Account” means the account created with Company that relates to Your purchase or subscription to and use of Services by You and Your Users.
• “AI” means Artificial Intelligence, which is the development of computer systems able to perform tasks that have historically required human intelligence, such as visual perception, speech recognition, decision-making, interpretation, and translation between languages.
• “Data” means all data submitted and/or generated by You and Your Users in connection with the use of AI features and services, including all content, material, IP and similar addresses, call and meeting recordings, messages, and account information and settings.
• “Generative AI” is a type of AI that uses machine learning to generate new content in response to a user’s query, such as generating or reviewing/modifying computer code, writing essays or business communications, creating artwork, and analyzing large amounts of data. Examples of prominent Generative AI tools are ChatGPT by OpenAI, Bing Chat, Jasper, Google Bard, and Dall-E.
• “Third-Party Service” means any service or product offered by a party that is not Company.
• “User” means You, any of Your employees, students, instructors, consultants, or independent contractors to whom You grant permission to access the Products and Services.

1. Background; Use of Third-Party Solutions

1.1 Background

AI features offer the capability to perform numerous tasks more efficiently and accurately, such as analyzing data, creating content, making predictions and automating tasks. Because AI has such tremendous potential to enable greater efficiency and expanded insights into data and communications, Company intends to continue developing and introducing new AI features and functionality to its Products and Services to help You realize these benefits. AI is a complex and rapidly evolving area that presents potential risks, limitations and restrictions related to issues such as confidentiality, privacy, intellectual property and reliability, to name just a few. The purpose of these AI Use Terms is to help You better understand those risks, limitations and restrictions so that You and/or Your Users can make informed decisions regarding Your use of Company’s AI features and functionality, including whether to use such features and functionality, how to use them and their outputs, who should have access to them, and what types of data to share with them. By activating and using Company’s AI features and functionality, You (a) agree that You and Your Users shall use the AI features in a secure, responsible and confidential manner, in accordance with applicable law and regulations; (b) acknowledge that You have been advised of and accept the risks, limitations and restrictions associated with using AI, including without limitation those described in this AI Use Terms; and (c) agree that it is Your responsibility to advise Your Users regarding the risks, limitations and restrictions related to AI features described herein.

1.2 Third-Party Solutions

Many of the AI-related services, features and functionality offered by Company are powered by third-party AI solutions. Company attempts to identify and use leading third-party AI solutions, and Company conducts thorough reviews of the security (of both the third-party AI tools themselves and the infrastructure used to host and deliver them) and performance of such solutions prior to selecting the third-party vendors to provide such services. In addition, Company will use reasonable care to securely transmit to the third-party AI service providers the data that Your Users submit to the AI tools. However, Company has no control over the quality or performance of such third-party AI solutions. Furthermore, the data that Your Users submit to the AI tools (along with the output generated by the applicable AI tool) will be stored, transmitted and processed by such third-party service providers (including without limitation providers of the AI solutions themselves and providers of data storage for such information), and Company has no involvement in the processes or practices that such third-party vendors use when handling Your and Your Users’ data. Company therefore makes no assurances regarding, and disclaims all liability and responsibility regarding, (a) the quality, accuracy and/or performance of any such third-party AI solutions; and/or (b) the ability of the providers of such third-party AI solutions to adequately and successfully protect the privacy and/or confidentiality of any of Your data that You or Your Users provide to or receive from such AI solutions.

2. General Limitations of AI

2.1 Limitations

When using AI, You and Your Users should take into consideration a variety of disclaimers and limitations to help enhance the safety, accuracy and effectiveness of the output of AI technology. This is particularly relevant when using and relying upon content generated by Generative AI features. Examples include:

a. Potential for Errors/Inaccuracy

AI systems are not always accurate and error-free. AI systems can make mistakes when processing and/or generating information, or the information they are accessing may not be correct. For example:

• The source data that is accessed by an AI system is generally a fixed set of data as of a particular date. That source data may become outdated, and an AI system will generate incorrect output if it relies on any such outdated data when generating that output.

• The source data that is accessed by an AI system may be incorrect. AI systems generally refer to data available on the Internet, some of which may be factually inaccurate. Reliance on any such inaccurate data will lead to errors in the output generated in reliance on that data.

• Even if source data is current and accurate, AI systems may not process or interpret that data correctly, and the resulting output may therefore be misleading or incorrect.

b. Security Risk

As with any computer system, Users should be cautious when using AI tools and should avoid sharing sensitive information with AI systems.

c. Bias Issues

AI systems are trained on particular sets of data. That training data may be biased. As a result, the output from AI systems can be biased due to issues with the data on which they are trained. Users of AI should be aware of potential biases and take steps to mitigate them, such as by independently verifying statements or findings generated by AI tools.

d. Legal Compliance

The legal and regulatory environment related to AI tools is constantly and rapidly changing. Governments around the world are considering legislation that would restrict or limit the ways that AI systems can function and can be used. Users must always be aware of these risks and the importance of using AI systems and tools (and their output) in a legally compliant manner.

e. Ethical Considerations

AI systems may raise ethical concerns, such as potentially violating privacy laws or regulations or reflecting discriminatory or offensive content. It is crucial that AI is used responsibly and users should review the output of any AI tool.

2.2 Consent

Certain third-party AI tools are structured to use the content of customer communications to train their tools. However, Company has designed its AI-related services, and its use of third-party AI services in connection therewith, with the intent of not using any of Your audio, video, chat, screen sharing, attachments or other data processing using Company’s Products and Services, without Your consent, to train Company’s or third-party artificial intelligence models.

3. AI Notifications Regarding Specific Company Services and Features

3.1 AI Assistant

Company’s AI Assistant is a Generative AI-powered chatbot that enables users to converse with it through the chat function within Company’s Products and Services. All of the limitations and disclaimers associated with using AI apply to the AI Assistant. In addition:

• If You purchase Company’s storage (“storage”) service, You and Your Users should be aware that (a) the storage service is configured to archive all communications between Your Users and the AI Assistant (just as the service archives all of Your Users’ other chat communications), and (b) as a result, Your Account administrators will have the ability, by accessing the archive of Your company’s chat communications, to view Your Users’ interactions with the AI Assistant.

• The AI Assistant has contextual memory (i.e., the ability to access and reference previous communications between a User and the AI Assistant), but that memory is limited to a small number of previous communications (typically, the most recent three messages) and only for a limited period of time.

• Users are able to send URLs or other forms of web links to the AI Assistant, and the AI Assistant may include URLs or web links in its output. Company does not scan such URLs or web links for malicious code, inappropriate or illegal content, or any other harmful attributes, including without limitation disabling devices, drop dead devices, time bombs, trap doors, Trojan horses, worms, viruses and similar mechanisms (collectively, “Harmful Content”). Company expressly disclaims all liability with respect to any Harmful Content contained in any URL or web link shared by or with Your Users via the AI Assistant. You hereby release and agree to hold harmless Company from and against any damages or liabilities of any kind related to any Harmful Content contained in any URL or web link shared by or with Your Users via the AI Assistant.

• Company does not screen or filter the content of messages, links or attachments sent to or by the AI Assistant (whether for offensive or illegal content, viruses or otherwise), and Company does not modify any User content sent to the AI Assistant. As with all Services, You assume full responsibility and liability for the legal and compliant use of the AI Assistant by Your Users. Company expressly disclaims all liability with respect to any content, links or attachments included by Your Users or any third parties in a message to the AI Assistant or in any response or output generated by the AI Assistant.

3.2 AI-Powered Call/Meeting Transcriptions

Company offers an AI-powered transcription feature for all meetings/classes. All of the limitations and disclaimers associated with using AI apply to the AI meeting/class transcription features. In addition:

• Any data that is submitted to the Generative AI tool by any participant in a transcribed class or meeting may be included in the transcription of that call and therefore may be accessible to the Generative AI tool as referenceable data for generating future work product for that particular customer.

• You and Your Users should be aware that Your Account administrators will have the ability to view any transcriptions of online classes or meetings.

3.3 AI Meeting Summarizations

Company’s AI Call Summarization is a Generative AI-powered tool that generates a high-level summary of the class or meeting. All of the limitations and disclaimers associated with using AI apply to the AI Meeting Summarization features. In addition:

• Sensitive and/or confidential information that is communicated during a call may potentially be included in transcriptions and summaries of that call and may therefore be visible to Account administrators, supervisors and coworkers that have access to such transcriptions and summaries. Any data that is submitted to the Generative AI tool by any participant in a summarize call or a transcribed call may potentially be included in a call summary or transcription and/or accessible to the Generative AI tool as referenceable data for that particular Customer.

• You and/or Your Users should be aware that You and/or Your Account administrators will have the ability to view, and the ability to allow supervisors and coworkers to view, any summarizations of Class sessions.

4. Service Limitations and Disclaimers

4.1 Service Limitations

The AI tools, features and functionality offered through or in connection with the Services are provided on an “as is” basis, and Company makes no representation or warranty with respect to the availability, the effectiveness, the accuracy or any other aspect of the output or performance of such AI tools, features and functionality. Use of the AI tools, features and functionality is at Your sole risk. Notwithstanding anything to the contrary otherwise set forth herein, You hereby release and agree to hold harmless Company from and against, and that Company will have no liability whatsoever in connection with, any damages or liabilities of any kind arising out of:

• Any inaccuracies, errors, biases or offensive content contained or reflected in any output generated by an AI tool, feature or functionality, regardless of whether such inaccuracies, errors, biases or offensive content are the result of incorrect, outdated or biased source information, failures of the AI tool to properly process source information and generate correct output, or any other reason
• Any security incident impacting Your data that results from a failure by any third party provider of AI-related services to adequately protect such data from unauthorized access, use, misappropriation or other conduct;
• Output from any AI services, features or functionality that (i) violates any applicable law or regulation; (ii) infringes on the intellectual property or other rights of any party; (iii) is subject to restrictive licensing provisions or other restrictions or limitations that could negatively impact any party that attempts to use such output;
• Any failure by a third-party provider of AI-related services to successfully segregate Your data from the data of other users of the provider’s services; and
• Any failure of an AI tool to correctly identify and redact/remove sensitive or confidential information from a summary, transcript or any other work product that it generates.

Company Service Level Agreements do not cover the AI features and services (for example, unavailability of an AI feature or service does not constitute unavailability of the applicable Service in which such AI feature or service is used, for purposes of the applicable Service Level Agreement of such Service). Company does not offer a separate Service Level Agreement for the AI features or services. You acknowledge and agree that the limitation of Company’s liability is a material term to Company and that it would not otherwise make the AI tools, features and functionality available without this limitation, and that You agree these limitations are reasonable.

4.2 Limitation of Liability

Company will not be liable for any direct, indirect, incidental, special, punitive or consequential damages, including but not limited to damages for lost profits, business interruption, loss of programs or information, and the like, that result from the use or inability to use the AI features and services or from mistakes, omissions, the AI features or services not meeting Your requirements or expectations, interruptions, errors, defects, or delays in operation or transmission, regardless of whether Company has been advised of such damages or their possibility. Company will not be liable for any harm that may be caused by the execution or transmission of malicious code or similar occurrences, including without limitation disabling devices, drop dead devices, time bombs, trap doors, Trojan horses, worms, viruses and similar mechanisms. The warranty restrictions and limitations set forth in this Schedule are in addition to the warranty restrictions and limitations provided for in the Agreement. Except as otherwise set forth in this Schedule, You agree that the total liability of Company and Your sole remedy for any claims shall be as set forth in the Agreement.

4.3 Call and Meeting Recording

Certain of the AI features and services involve the recording of the content of online meetings and/or the processing of data from such recorded meetings. Notwithstanding any other applicable provisions or prohibitions of use set forth in this Schedule or the Agreement, You agree and acknowledge that You are solely responsible for complying with all applicable laws in any relevant jurisdiction when using call or meeting recording features. Company expressly disclaims all liability with respect to Your recording of conversations. You hereby release and agree to hold harmless Company from and against any damages or liabilities of any kind related to the recording of any conversations or meetings using, or the processing of any such recordings by, the AI features.

4.4 Company’s Right to Remove or Modify AI Functionality

Company may, in its sole discretion, change or discontinue any AI feature or service at any time, without notice, and does not represent or warrant the result of any such action. Company may convert any AI feature or service to a paid service in the future upon prior notice to you.