AI Supplementary Terms

By accepting the following “Planoly AI Supplementary Terms” (these “AI Terms”), member (also referred to herein as “you”) acknowledges and agrees that these terms shall apply to your use of the Service when utilizing any Planoly AI. These AI Terms are in addition to the Terms of Service that govern your use of the Service. In the event of any conflicts between these AI Terms and the Terms of Service, these AI Terms will control.

Definitions. Defined terms used herein and not otherwise defined have the meanings set forth in the Terms of Service.
--- “AI” means artificial intelligence.
--- “Planoly AI” means the suite of services, features, or functionalities as part of the Service that utilize AI, machine learning, or similar technologies, including the auto-magic caption writer technology that utilizes pre-engineered prompts, extraction of information from existing textual content via pre-engineered prompts, and translation of existing textual content.
Planoly AI. From time to time, Planoly may offer Planoly AI that is provided to enhance the functionality of the Service. Your use of Planoly AI is subject to fair usage restrictions as follows: 1,000 API calls per account, per month. Planoly reserves the right to disable or degrade your access to Planoly AI in its sole discretion to ensure optimal performance and fair use across all Planoly users. Planoly AI will be available to all paid members and free trial users who opt in to access and use Planoly AI. Planoly AI will not be available to free members or after a free trial has expired. In order to deactivate Planoly AI within a member account, the member must contact Planoly support at support@planoly.com.
AI Content. During the use of the Service, member may submit content to be processed by Planoly AI (“Input”), and receive content generated and provided back to member by Planoly AI based on the Input (“Output,” and collectively with Input, “AI Content”). AI Content shall constitute member content that is owned by member (“Member Content”). Member is solely responsible for any AI Content, including the accuracy, quality, appropriateness, and legality thereof, and will ensure that its AI Content and use of Planoly AI does not (i) violate any applicable law; (ii) violate these AI Terms or the Agreement; or (iii) infringe, violate, or misappropriate the rights of Planoly or any third party.
Intellectual Property. Planoly and its licensors exclusively own all right, title, and interest in and to Planoly AI, including all associated intellectual property and proprietary rights. By making any AI Content available through the Service, member hereby grants Planoly a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sub-licensable and transferable, right to use, process, copy, reproduce, modify, create derivative works of, excerpt, translate, publish, display, transmit, perform, store, and distribute the AI Content to operate, enhance, improve, and further develop Planoly AI and to provide the Service. Member represents and warrants that it possesses all rights necessary to provide AI Content and to grant the licenses to Planoly set forth herein. Planoly does not permit its third-party providers of Planoly AI to use the AI Content to train such third party’s AI models.
Beta Release. You acknowledge and agree that Planoly AI is offered as a beta service. You are not required to use, test, or trial any Planoly AI, and you do so at your own discretion and risk. These AI Terms and your rights and access to Planoly AI are limited and may be terminated by Planoly at any time for any reason or no reason.
Restricted Use. Member may not use Planoly AI: (i) to develop machine learning models or similar technology; (ii) to mislead any person that Output from the Service was solely human generated; or (iii) in a manner that violates any technical documentation, usage guidelines, or other terms and conditions. Member will not provide any personally identifiable information, including but not limited to names, addresses, phone numbers, email addresses, or birth dates for processing via Planoly AI.
Disclaimer. Member acknowledges and agrees that Planoly AI has not been fully tested. Planoly AI uses experimental technology, and any Output may not meet member’s desired use including, without limitation, that it may be inaccurate, offensive, or duplicative of content generated by Planoly AI for other Planoly members. Member must use discretion when relying on, publishing, distributing, or otherwise using any Output resulting from the use of Planoly AI. PLANOLY AI IS PROVIDED TO MEMBER “AS IS” WITHOUT ANY INDEMNITIES, REPRESENTATIONS, OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE), AND MAY BE MODIFIED, DISCONTINUED, OR CANCELED AT ANY TIME FOR ANY REASON AT THE SOLE DISCRETION OF PLANOLY. IN NO EVENT WILL PLANOLY BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING UNDER OR IN CONNECTION WITH PLANOLY AI OR MEMBER’S USE THEREOF.
Modifications. Planoly may, in our sole discretion, modify, or update these AI Terms from time to time. Member’s continued use of Planoly AI after any such change constitutes your acceptance of any modifications to these AI Terms.
Third-Party Provider Terms. Planoly AI contains derivatives of a machine learning generative model whose distribution is subject to restrictions. If member chooses to use Planoly AI, member may not use Planoly AI in any manner that violates any Open AI policy, including their Usage Policies, Sharing & Publication Policy, and Community Guidelines.

Last updated: November 08, 2023