Last Updated: May 5th, 2024

These Al Additional Terms of Service (“Al Terms”) govern your use of any generative artificial intelligence features or functionality included within our Services and Software (the “Shelf GenAl”) and are incorporated by reference into the Shelf Terms of Service. Any capitalized terms used, but not defined, herein have the same meanings ascribed to them in the Shelf Terms of Service.

I. PARTICIPATION AND TERMINATION

Your use of the Shelf GenAl is at all times subject to the Shelf Terms of Service and these Al Terms. These Al Terms will terminate: (i) automatically upon Shelf’s discontinuation of the Shelf GenAl; (ii) automatically as of the effective date of termination of any service agreement or statement of work whereby access to the Shelf GenAl is provided to you (a “Shelf Service Agreement’); or (iii) upon notice of termination by Shelf.

You must be at least 18 years old to use Shelf GenAl. Shelf GenAl is not intended to be used or accessed by minors. You shall not share your access credentials or account with others and You are responsible for all activities that occur when using your access credentials.

II. NATURE OF GENERATIVE Al

You may provide input to be processed by Shelf GenAl (“Input”), and receive data generated and returned by the Shelf GenAl (“Output”), based on Your Input. Input and Output constitute Content as the term is defined in the “Content Within Shelf” section of the Terms of Service. You are solely responsible for the development, substance, operation, maintenance, and use of Your Content.

You acknowledge that due to the nature of machine learning and the technology powering Shelf GenAl, Output may not be unique and Shelf GenAl may generate the same or similar output for You, Shelf, or other third-party users or participants. Output that is generated for Shelf or other users is not considered Your Content, regardless of the level of similarity.

Further, You understand and agree that You should not rely on factual assertions in Output without independently fact checking their accuracy. Certain Output may appear accurate because of its level of detail or specificity, but may nevertheless contain material inaccuracies. Output may not account for events or changes to underlying facts occurring after the Shelf GenAl model was trained. You acknowledge that the Outputs of Shelf GenAl are provided “as is” without warranty of any kind. Shelf makes no warranty that the outputs of the Generative Al functionalities will be correct or accurate, No information or advice, whether oral or written, obtained by you from Shelf or through Shelf GenAl shall create any warranty not expressly made herein.

III. LIMITATIONS OF USE

You shall ensure that your Input and use of the Shelf GenAl does not violate any applicable law. In addition to the foregoing obligation, You are prohibited from using Shelf GenAl to: (i) develop foundation models or other large scale models that compete with Shelf GenAl; (ii) mislead or attempt to mislead any person to believe that Output was solely generated by a human; (iii) generate spam or Output (or other content) for dissemination in electoral campaigns; (iv) process personal data, including “sensitive” personal data, as those terms are defined under applicable data privacy laws (collectively “Personal Data”); (v) store and/or transmit infringing, libelous, or otherwise unlawful material or material in violation of any person’s privacy rights; (vi) interfere with and/or disrupt the integrity or performance of Shelf GenAl; (vii) store or transmit any code, files, scripts, agents or programs intended to do harm, including without limitation, viruses, worms, time bombs and Trojan horses; (viii) gain or attempt to gain unauthorized access to any networks, systems, or hardware of any other party, including without limitation, Shelf; or (ix) threaten, harass, or intimidate any other person.

Further, You shall not: (a) use the Shelf GenAl in a manner that violates the Shelf Terms of Service, these Al Terms, or any technical documentation, usage guidelines, or parameters published by Shelf from time to time; (b) sell, resell, license, sublicense, assign, transfer, lease, distribute or rent Shelf GenAl; (c) copy, alter, enhance, modify, or make derivative works of Shelf GenAl or any part, feature, function, or interface thereof; or (d) reverse engineer, reverse assemble or decompile, or otherwise attempt to derive or decipher source code from, Shelf, Shelf GenAl, any other Shelf technology, or any component of the foregoing.

IV. INTELLECTUAL PROPERTY (IP) & USE OF SERVICES

Subject to Your compliance with the Shelf Terms of Service and these Al Terms, You may access, and Shelf grants you a non-exclusive, revocable right to access and use, Shelf GenAl.

You agree that, as between you and Shelf, Shelf owns all legal rights, title and interest in and to the Shelf GenAl, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to Shelf GenAl or any other Shelf product or service is granted.

You shall not use any of Shelf’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features without Shelf’s specific written consent.

If You provide us with any comments, ideas, proposals, suggestions for improvements or other feedback, we may use them without restriction or compensation to you. Shelf may use Your Input and other Content to provide and maintain Shelf GenAl, comply with applicable law, and enforce Shelf’s policies.

V. THIRD-PARTY SERVICE PROVIDERS

Shelf uses technology provided by Microsoft (“Azure”) and Amazon Web Services (“AWS”) Bedrock to provide Shelf GenAl. You may not use Shelf GenAl in a manner that violates any Microsoft Azure or AWS Policy, including Microsoft’s Terms of Use and AWS Terms of Use. Any third-party software, services or other products used in conjunction with Shelf GenAl are subject to their own terms and conditions and Shelf is not responsible for any third-party products or services.

VI. IMPROVEMENT OF SERVICES

Artificial intelligence and machine learning models can improve over time to better address specific use cases. Shelf shall not permit third parties to use Your Content to improve or train their Generative Al models. Further, Shelf shall not use Your Content to improve or train Shelf’’s Generative Al models apart from such models that are exclusively accessible to You as part of the Service we provide. Notwithstanding the foregoing, Shelf may use Your Content to train certain traditional Al models (meaning Al models that are not Generative Al), provided that Shelf does not disclose or provide Your Content to any other Shelf customer or third party except (i) as permitted pursuant to the terms of an applicable Shelf Service Contract; or (ii) with Your written consent.

VII. DISCLAIMER OF WARRANTY & LIABILITY

IF YOUR USE OF SHELF GenAl IS SUBJECT TO THE TERMS AND CONDITIONS OF A SHELF SERVICE AGREEMENT, THIS SECTION DOES NOT APPLY AND THE TERMS OF SUCH SHELF SERVICE AGREEMENT GOVERN ALL ALLOCATION OF LIABILITY AMONG THE PARTIES.

IN THE EVENT YOUR ACCESS TO AND USE OF SHELF GenAl IS NOT SUBJECT TO THE TERMS AND CONDITIONS OF A SHELF SERVICE AGREEMENT:

A. SHELF GenAl IS PROVIDED TO YOU “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, SHELF MAKES NO WARRANTY WITH

RESPECT TO Shelf GenAl, AND DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, OR NON-INFRINGEMENT.

B. FURTHER, SHELF MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE RESULTS OR OUTPUT THAT MAY BE OBTAINED FROM THE USE OF Shelf GenAl OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH Shelf GenAl.

C. NEITHER SHELF, NOR ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

VIII. INDEMNITY

In addition to an indemnification obligations under an applicable Shelf Service Contract, You will defend, indemnify, and hold harmless Shelf, our affiliates, and our personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to your use of Shelf GenAl, including your Content, Input, products or services you develop or offer in connection with your use of Shelf GenAl, and your breach of these Al Terms or violation of applicable law.

IX. PERSONAL DATA; PROCESSING INSTRUCTIONS

Shelf has no control over Your Input. Therefore, subject to the terms of Section III above, in the event any of Your Input includes Personal Data, our collection and use of such personal data is subject to the Shelf Privacy Policy and Shelf Service Agreement, if applicable.

X. GENERAL PROVISIONS

a) Nature of Relationship. These Al Terms do not create a partnership, joint venture or agency relationship between you and Shelf or any of Shelf’s affiliates. You and Shelf are independent contractors and neither party will have the power to bind the other or to incur obligations on the other’s behalf without the other party’s prior written consent.

b) Interpretation. In the event of a conflict among the terms of these Al Terms, the Shelf Terms of Service, or an applicable Shelf Service Agreement, such conflict shall be resolved by interpreting the forgoing documents in the following order of precedence: (i) Shelf Service Agreement (if applicable); (ii) these Al Terms; then (iii) the Shelf Terms of Service. Notwithstanding the foregoing, if the language of a subordinate document explicitly and specifically overrides the terms of a superior document, the overriding terms of the subordinate document are to be construed as controlling.

c) Amendment. Shelf may modify these Al Terms from time to time by posting a revised version on its website. Any modifications are effective upon posting. Your continued use of Shelf GenAl after any change or modification constitutes your agreement and acceptance of such amended terms.

d) Notices. Any notices required under these Al Program terms shall be provided by Shelf to You using the email address You provided when registering to use Shelf GenAl. You may send any notices to Shelf at privacy@shelf.io.