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HEAVYIQ EULA ADDENDUM

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NOTE: This Addendum applies to customers of HEAVY.AI, Inc. only. For customers of HEAVY.AI Public Sector LLC, please see www.heavyfed.ai/legal/heavyiq-ps-eula-addendum.

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Last Updated: 16-Apr-2024

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Because HEAVY.AI v8.x includes new artificial intelligence (AI) functionality (HeavyIQ “Services”), you must agree to these additional terms (this “Addendum”) to download and use the latest version of the HEAVY.AI Products. This Addendum applies in addition to, and as a supplement to, the existing license agreement between you and HEAVY.AI, Inc. (directly, or through an authorized Distributor), whether such license is per the terms of the HEAVY.AI EULA (the “EULA,” found at https://www.heavy.ai/legal/heavy-ai-enterprise-edition-eula) or through any OEM, Reseller, or custom-negotiated agreement, however titled. Capitalized terms used in this Addendum and not defined herein have the meanings ascribed to them in the EULA.

The HeavyIQ functionality in the HEAVY.AI Products is not turned on by default. If you choose to enable HeavyIQ, you must follow the steps provided in the Documentation to enable the functionality. Once enabled, the HeavyIQ functionality will permit use of a large language model (the “HeavyLM”) to assist with the use of the HEAVY.AI Products. The HeavyLM is hosted by HEAVY.AI and accessed as needed when you submit an applicable query. The HeavyLM processes your input and returns output to you – all over an SSL connection between your servers and the HeavyLM host site. 

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By default, HeavyLM does not log or record your input or the corresponding output from the model. 

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You may choose to use an AI analytics service (such as LangSmith) to help improve your use of the HEAVY.AI Products and the HeavyIQ functionality, but such use is optional. If you do use an AI analytics service, that use will be subject to that company’s terms and privacy provisions.

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You are responsible for your input to the HeavyLM (“Input”), including ensuring that it does not violate any applicable law. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to the Services. As between you and HEAVY.AI, you retain your ownership rights in your Input and you own the corresponding output (“Output”). Due to the nature of the HeavyIQ Services, Output may not be unique to you, and other users may receive similar Output. Your rights in the Output do not extend to other similar or identical Output that may be created by the Services for another user.

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We may provide the ability to download and use HeavyLM on your premises, and if we do, then you may be able to process input and output from the model entirely behind your firewalls.

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Output from the Services may not always be accurate. You should not rely on Output from the HeavyIQ Services as a sole source of truth or as a substitute for professional judgment or advice. You must evaluate Output for accuracy and appropriateness for your use case, including using human review at all times, before using or sharing such Output. In addition, you may not use our Services or any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them. 

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In all cases, your use of the Services may not interfere with any other user, site, account, system, network, or capacity constraint. HEAVY.AI may, immediately and without notice to you, throttle or suspend your access to the Services, cancel your subscription, disable your Account and cease providing the Services to you, if you: (a) harm, disrupt, or otherwise engage in activity that negatively affects or diminishes the Services or HEAVY.AI’s brand, computer systems, hardware, or network, (b) misrepresent your identity, impersonate any person or attempt to gain access to or illegally track any account, computers, or networks related to the Services, without authorization, (c) manipulate the Services in any manner not specified by HEAVY.AI, including but not limited to using interfaces not supported by HEAVY.AI or programmatically preventing the Services from going idle, (d) interfere with HEAVY.AI’s policy with respect to appropriate use of the Services, (e) store, back up, or distribute any illegal or unauthorized files or data, or material protected by intellectual property rights of a third party, unless you own or have appropriate rights to such material, (f) store, back up, or distribute material that contains viruses, Trojan horses, worms, corrupted files, or any material that may damage the operation of the Services or another person’s device, hardware, data, or property, (g) engage in conduct that would otherwise give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation, (h) directly or indirectly reverse engineer, decompile, disassemble, modify, reproduce or create derivative works of the Services, (i) merge the Services with other products, software or services, (j) alter or modify any disabling mechanism included in the Services, (k) willfully render any part of the Services unusable, (l) assign, rent, loan, or otherwise transfer the Services, (m) remove or alter any proprietary notices (e.g., copyright, trademark notices, legends, etc.) received in the provision of the Services, (n) use the Services to transmit or store any personal information from or relating to children under the age of 13 (as defined in the Children’s Online Privacy Protection Act) or (o) breach any material provision of this Addendum or the EULA.‍

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The HeavyLM is based on language models originally developed by third parties. Use of the HeavyLM is subject to Third-Party Licenses, available at https://www.heavy.ai/heavyiq-licenses.