GoTo Terms of Use for Artificial Intelligence Features
Last modified December 20, 2024
These GoTo Terms of Use for Artificial Intelligence Features (“GoTo AI Terms”), are incorporated into and form a part of, GoTo’s Terms of Service. They govern your use of artificial intelligence, machine learning, or similar technologies (“AI Technology”) which are developed and managed by third parties (each a “Third-Party Provider”) and made available within AI-enabled features of the GoTo Services (“AI-Enabled Features”). If you do not agree to these GoTo AI Terms, disable or do not access or use the AI-Enabled Features. All capitalized terms not defined herein are defined in the GoTo Terms of Service.
Your use of the AI-Enabled Features is completely optional and you can disable the AI-Enabled Features, unless otherwise specified in the relevant Service Descriptions. Where the AI-Enabled Features cannot be disabled, you and your users can choose not to use them. When you and your users use the AI-Enabled Features, that constitutes your instruction to and authorization for GoTo to transmit the relevant data to the applicable Third-Party Provider.
Ownership of Inputs and Outputs. GoTo AI-Enabled Features may provide output to you (“Output”) based on information that you provide to GoTo’s Service (“Input”). Your Inputs and the Outputs based on your Input are owned by you and form part of your Content. GoTo retains all ownership of the AI algorithm.
Third-Party Providers. Where Inputs and Outputs are processed by a Third-Party Provider as part of the AI-Enabled Features, those Inputs and Outputs may be retained temporarily by the Third-Party Provider as part of the operation of their service. However, GoTo shall contractually restrict any Third-Party Provider from using Inputs and Outputs for: (i) training or improving its large language models, and/or (ii) general use beyond the use required to provide and maintain the AI-Enabled Features or as otherwise set out in these AI Terms.
Accuracy. GoTo is not responsible for the quality, accuracy, reliability, effectiveness, safety, legality or security of AI-generated output. You acknowledge that GoTo’s Services and the AI-Enabled Features are not intended to receive or process meaningful works of authorship, and the AI Technology may generate the same or similar output for other users. Further, AI Technology is subject to inherent limitations and biases, and Outputs are recommendations to be taken under advisement by you. Accordingly, you must independently review, verify and decide upon all Outputs, and you should not rely upon them for decision-making without human oversight.
Use Parameters and Restrictions. You are solely responsible for your use of all AI Technology, including your users' use of the AI-Enabled Features; your Inputs; your users’ review of all Output; and your use of AI-Enabled Features and the AI Technology in compliance with all applicable laws, including data protection laws, including your obligation to provide adequate notice and obtain consent where required.
You may use the AI-Enabled Features solely for your business purposes in accordance with these GoTo AI Terms and all applicable laws and regulations. You are expressly prohibited from: (i) representing that Outputs are human-generated; (ii) using the AI-Enabled Features for any purpose that is illegal, harmful, unethical, or violates the rights of others; (iii) attempting to disrupt disable, or overburden the AI-Enabled AI Features or any associated GoTo infrastructure; (iv) unauthorized access or downloading of others’ confidential information; (iv) attempting to reverse engineer, decompile, disassemble, or otherwise modify the AI-Enabled Features or its underlying code or create a similar or competing product or service; and/or (v) sharing your access credentials or enabling unauthorized access to the AI-Enabled Features. GoTo reserves the right to take appropriate action, including suspension or termination of your account, if you violate these GoTo AI Terms and Conditions.
Disclaimers. IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE TERMS OF SERVICE, EXCEPT WHERE PROHIBITED BY LAW, ALL AI-ENABLED FEATURES ARE OFFERED “AS-IS” AND ON AN “AS-AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR PURPOSE AND MERCHANTABILITY. WHEN IMPLIED WARRANTIES ARE NOT ALLOWED TO BE EXCLUDED IN THEIR ENTIRETY, THEY WILL BE LIMITED TO THE GREATEST EXTENT AND SHORTEST DURATION PERMITTED BY LAW.THE APPLICABLE PROVISIONS OF THE TERMS OF SERVICE WILL GOVERN EACH PARTY’S INDEMNIFICATION OBLIGATIONS AND LIMITATION OF LIABILITY WITH REGARD TO YOUR USE OF AI-ENABLED FEATURES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, GOTO SHALL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM YOUR USE OF THE AI-ENABLED FEATURES OR ANY THIRD-PARTY PROVIDER’S AI TECHNOLOGY, INCLUDING, BUT NOT LIMITED TO, CLAIMS THAT YOUR INTELLECTUAL PROPERTY HAS BEEN INFRINGED BY A THIRD-PARTY’S USE OF DATA THAT YOU INPUT INTO THE AI-ENABLED FEATURES. IN ADDITION, YOU AGREE TO INDEMNIFY AND HOLD GOTO AND ITS LICENSORS AND SUPPLIERS (INCLUDING THE THIRD-PARTY PROVIDERS) HARMLESS AND PAY ALL COSTS AND DAMAGES ARISING FROM ANY AND ALL CLAIMS AND DEMANDS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE AI-ENABLED FEATURES.
