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These supplemental Terms of Use for Atera AI Assistant (this “Agreement”) apply to the conversational and AI-powered End-User assistant feature, provided as a part of the Atera Services (“AI-Assistant”). By using the AI-Assistant, you agree that you have read this Agreement, understand it, and agree and to be bound by it. In this Agreement “you” means you individually and not your organization.

We reserve the right, at our sole discretion, to revise, change and update this Agreement at any time. The amended Agreement shall be effective 3 days after publication of the new version on the Website, platform or by other means. Your use of the AI-Assistant thereafter constitutes your consent to such changes, and you agree to be bound by them, therefore, we ask you to check back periodically to review the most updated Terms.

1. Eligibility and Use Requirements. You represent that your organization has given you the ability and permission to use the AI-Assistant. You get to decide whether to use the AI Assistant. Your use of the AI-Assistant is governed by this Agreement, as well as the Atera Terms of Use (“Terms”), which are incorporated by reference. You agree that the AI-Assistant constitutes a Service and an AI Feature, as defined in the Terms. If there is any conflict between this Agreement and the Terms, the conflicting provision in the Terms will control.  Your use of the AI-Assistant is also subject to the Atera Privacy Policy. Terms not specifically defined in this Agreement shall have the meaning ascribed to them in the Terms.

2. Using the AI-Assistant.The AI-Assistant may allow you to submit text, information, voice, files (e.g. Excel, Word, PDF) and/or image inputs (“Prompts“), converse with an online computer-powered chatbot, have your device and software checked, receive recommendations and suggestions for IT and other related issues, and allow the AI-Assistant to take certain actions on your device and software. You hereby represent, warrant and covenant that you shall use the AI-Assistant only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with this Agreement and the Terms; and (iii) in a manner that does not infringe or attempt to infringe, misappropriate or otherwise violate any of our rights or those of any other person or organization (including, without limitation, intellectual property rights, and proprietary and privacy rights). You authorize Atera to access your device and software for the purpose of providing the AI-Assistant service and to use the User Data in accordance with the Terms. By using the AI-Assistant, you agree: (i) not to engage in activity that is harmful to you or others or otherwise cause harm to devices, sotftware, individuals, organizations (including your organization or your MSP, if applicable), or society; (ii) not to engage in activity that is harmful to Atera or the AI-Assistant, including bot/scraping behaviors, malicious software, technical attacks, excess usage, prompt-based manipulation, and other off-platform abuses; (iii) not to engage in activity that violates the privacy of others, including, without limitation, disclosure of personal information or taking photographs or video/audio recordings of others without their consent for processing of an individual’s biometric identifiers/information using the AI-Assistant; (iv) not to engage in activity that is fraudulent, false, or misleading; (v) not to infringe on the rights of others; (vi) not to upload or include any Sensitive Data in the Prompt unless authorized by Atera under a valid Business Associate Agreement; (vii) not to use AI-Assistant to create or share inappropriate content or material or upload any content that does not comply with the content requirements set forth in the Code of Conduct for Azure OpenAI Service. You shall not generate defamatory, libelous, harassing, abusive, or hateful content. AI-Assistant may not be used to create or share adult content, violence or gore, hateful content, terrorism and violent extremist content, glorification of violence, child sexual exploitation or abuse material, or content that is otherwise disturbing or offensive; (viii) not to use the AI Assistant to circumvent, disable or otherwise interfere with security-related features and passwords or impersonate others; (ix) not to use the AI Assistant or any Output to develop any service or product that is the same as (or substantially similar to), or otherwise competitive with, the AI Assistant and/or our products and services; and (x) not to do anything illegal; (xi) engaging in any activity that has a high risk of physical or economic harm; and/or (xii) represent that Output was human-generated when it was not. AI-Assistant may block any Prompts or Outputs that violate this Agreement, or that are likely to lead to the creation of material that violates this Agreement. Images or text that violate this Agreement may be removed at our sole discretion. Abuse of the AI-Assistant, such as repeated attempts to produce prohibited content or other violations of this Agreement, may result in service or account suspension and/or cancelation.

3. Violations, Suspension and Cancellation.Violations of this Agreement or the Terms may result in your suspension from the AI-Assistant. In addition, we reserve the right to suspend or discontinue offering or supporting all or part of any of the AI-Assistant at any time and for any reason, to some or to all end users. We may deprecate any or all of the AI-Assistant features and functionalities. We may change or update the AI-Assistant at any time (including its features, functionality, user interface, user experience, or any combination of these or other aspects).  Subject to the requirements of law, we may limit, suspend, or terminate your use of the AI-Assistant at any time without notice and for any reason, including (without limitation) if you breach this Agreement, if we suspect you are engaged in fraudulent, malicious, harming, breaching or illegal activity, or if your access is suspended or closed by us or by your organization or your MSP, if applicable

4. Content. Atera does not claim ownership of Prompts, or any other content you provide, post, input, or submit to, or receive from, AI-Assistant (including feedback and suggestions). You will need to make your own determination regarding the intellectual property rights you may have in output content and its commercial usability. You warrant and represent that you or your organization owns or otherwise controls all of the rights to your content as described in this Agreement including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the content. To the maximum extent permitted by law, we shall have no liability to you with respect to the Prompts and or any answer, suggestion, recommendation, communication, action, device and software health checks and diagnostics, result or any other output created or action taken by the AI Assistant (“Output”), including, without limitation, liability with respect to: (i) any information (including your confidential information) contained in or apparent from any Prompt and/or the Output or your reliance thereon; (ii) any claims, copyright infringement or infringement by a third party in relation to or in connection with the Prompt and/or the Output; and/or (iii) any device or software check, test, examination and any action taken by the AI-Assistant. You warrant, represent and covenant that: (i) you own or have a valid and enforceable license or appropriate basis and all the necessary rights to use, submit or transmit all the Prompts and use the AI-Assistant; (ii) that no Prompt or Output (as defined below) infringes, misappropriates or violates or will infringe, misappropriate or violate, the rights (including, without limitation, any copyrights or other intellectual property rights) of any person or entity or any applicable law, rule or regulation of any government authority of competent jurisdiction; and (iii) you shall not disseminate or distribute the Prompts or Output in breach of any applicable law or third party’s intellectual property rights or other rights. Notwithstanding anything to the contrary, you hereby grant us and our affiliates a worldwide, non-exclusive, royalty-free, paid-up, irrevocable right and license to copy, process, create derivative works of, modify, adapt, and otherwise use Prompts and the Output (in any media, now known or hereafter developed): (A) during the term of this Agreement, for the purpose of providing the services under this Agreement (such as providing, administering, and maintaining the AI-Assistant; and (B) on a perpetual basis for the purpose of generally improving our services, enhancing the AI-Assistant and our products and services (such as developing new features and functionalities) provided that the Prompts are anonymized, de-identified or pseudonymized.

5. No Guarantees; No Representations or Warranties; Indemnification by You. You acknowledge and agree that artificial intelligence and machine learning are rapidly evolving fields, and that, given the probabilistic nature of artificial intelligence and machine learning, use of the AI-Assistant may in some situations result in incorrect Output and/or the Output may not be unique across users and the Ai-Assistant may generate the same or similar Output for different users of the AI-Assistant and that the Output may derive from a variety of sources (including, third party AI tools and providers). You are solely responsible and liable for evaluating and verifying (including without limitation by human review) the Output as being suitable and appropriate use. Atera recommends you to carefully test, review, and vet the Output before use or another implementation.

We make no guarantees or promises about how the AI-Assistant operates or that it will function as intended. AI-Assistant is not error-free, may not work as expected, and may generate incorrect information, recommendations, or actions.

You understand and acknowledge that the AI-Assistant is provided on an “AS-IS” and “AS-AVAILABLE” basis, without warranties of any kind, and that we make no representation or warranty regarding the relevance, accuracy, reliability, usefulness, integrity, lawfulness, title or infringement, functionality or intellectual property rights of, or relating to, the text, data, Output, solutions, actions, checks, suggestions or suitability of AI-Assistant for your particular needs.  Atera’s liability with respect to the AI Assistant shall be limited according to the Terms and to the aggregate liability set forth in the Terms.

Your use of the AI-Assistant is at your own risk. You acknowledge and agree that the AI-Assistant may check and take certain actions on your device and software. If you are not sure about a suggestion, action, or solution offered by the AI-Assistant, please contact a professional before taking or approving any action.

You hereby represent, warrant and covenant that you shall use any Output (including content, recommendation or suggested action) from the AI-Assistant in accordance with the Terms and applicable laws and subject to any third-party rights. In addition, you agree to defend, indemnify and hold harmless Atera, its affiliates, employees, our respective officers, directors, and any other agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including attorneys’ fees) arising from, or relating to, your use of the AI-Assistant (including, the Prompts and the Output), including your subsequent use of any content, recommendation or approval of action received from the AI-Assistant and your breach of this Agreement, the Terms, or any  applicable law.

Last updated: March 12, 2024.