AI Functionality Terms

Last Updated: December 20, 2023

These AI Functionality Terms (“AI Terms”) are entered into between Circle Internet Services, Inc., dba, CircleCI (“CircleCI,” “our,” “us,” “we”), and your employer or the entity you represent, its Affiliates and Users, or, if that does not apply, you as an individual (each, “you”). Each of you and us is a “Party,” and collectively, you and we are the “Parties.” These AI Terms are effective as of the date of Customer’s first access of any AI Functionality (“Effective Date”).

  1. Definitions

    1. “Agreement” means any online or negotiated SaaS or Software License Agreement or other documents entered into between the Parties governing your access to the Services.
    2. “AI Functionality” means optional features or applications in the CircleCI Services accessed by you based on artificial intelligence, machine learning, or similar technologies.
    3. “AI Provider” means a third-party that we engage to provide AI Functionality in whole or in part.
    4. “Input” means any information that is provided by you to be processed by AI Functionality.
    5. “Output” means results generated and returned by AI Functionality based on Input. Output constitutes additional Your Data / Customer Data as defined in the Agreement.

  2. Scope

    1. AI Functionality may be developed by us and/or in partnership with our third-party providers. From time to time, we may then introduce AI Functionality to the Services. These AI Terms shall govern your access to any AI Functionality and supplement any Agreement that has been entered into between us and you. These AI Terms do not have to be signed to be binding.
    2. These AI Terms only apply to Al Functionality provided within the Services and not to any artificial intelligence, machine learning, or similar technologies provided by any other third-party services. We and our licensors exclusively own all right, title, and interest in and to Al Functionality, including all associated Intellectual Property Rights.
    3. You may provide Input and receive Output from the Services. You represent and warrant that you have obtained all necessary rights, approvals, and consents to provide your Input to us. You acknowledge and agree that we may process, store, and otherwise use Input and Output to further develop, enhance, and improve the Services and Al Functionality.
    4. You shall instruct us and our third-party providers if Personal Data is processed for the purpose of providing AI Functionality and Output in accordance with our Privacy Policy and other data privacy terms. We do not permit our third-party providers of Al Functionality to use Your Data/Customer Data to train or improve their foundation or large language models, or for any other purpose than to provide AI Functionality. We also do not use Your Data/Customer Data to train or improve our own foundation or large language models.

  3. Restrictions

    1. You represent and warrant that you will not (i) use AI Functionality to create, train, or improve (directly or indirectly) a similar or competing foundation or large language model or other generative artificial intelligence service that competes with us or the applicable AI Provider(s); or (ii) reverse engineer, extract, or discover the AI Functionality’s data, models, model weights, algorithms, safety features, or operation.
    2. You shall not use AI Functionality or Output (i) to mislead any person that Output generated from the AI Functionality was solely human-generated; (ii) to make automated decisions that may have a detrimental impact on individual rights without appropriate human supervision; or (iii) in a manner that violates any technical documentation, usage guidelines, or parameters; or infringes, violates, or misappropriates any rights of us or any third-party.
    3. You shall not pursue or maintain any claim against us or any third-party arising from or related to any Output generated by AI Functionality.

  4. Disclaimers

    1. Notwithstanding anything to the contrary herein, you acknowledge and agree that AI Functionality may generate the same, or similar, Output for CircleCI or other customers, Users or third-party end users.
    2. AI Functionality may generate unreliable, insecure, inaccurate, or offensive Output. We are not responsible for any act or omission of any AI Provider or the availability, accuracy, products, or services of any AI Provider.
    3. You acknowledge and agree that (i) you will evaluate all Output before relying on or otherwise using Output; (ii) you are responsible for ensuring that its use of any Output does not infringe, violate, or misappropriate the Intellectual Property Rights of any third-party; (iii) AI Functionality is not designed for or intended to be used for meeting your compliance with applicable laws or regulatory obligations; and (iv) your use of AI Functionality will comply with all applicable laws and regulations, including those governing the use of generative artificial intelligence.
    4. You acknowledge that you are not required to use, access, test, or evaluate any of the Al Functionality, and that you do so at your own discretion and risk. These AI Terms and your rights and access to Al Functionality are limited and may be terminated by us at any time for any reason or no reason.

  5. Termination and Survival

    These AI Terms will automatically expire upon the expiration or termination of the Agreement. The Parties may terminate these AI Terms as provided in the Agreement. The rights and obligations of these AI Terms which by their nature are intended to survive termination or expiration of these AI Terms will survive the same.

  6. Modifications

    We may, in our sole discretion, modify, or update these AI Terms from time to time (including any documentation referenced in these AI Terms) by posting a revised version on our website. The revised version will become effective on the day it is published, superseding the prior version. Your continued use of the Al Functionality after any such change constitutes your acceptance of any modifications to these AI Terms.

  7. Other Terms

    Capitalized terms used but not defined in these AI Terms will have the meaning in the Agreement (or data privacy terms if applicable). Except as provided in these AI Terms, the Parties’ confidentiality, limitation of liability and warranty obligations under the Agreement extend to these AI Terms. If there is a conflict between these AI Terms and the Agreement and/or data privacy terms, these AI Terms shall control and govern access and use of AI Functionality only.