Last modified: 13-12-2023

These vPlan AI Beta Terms ("Beta Terms") are part of the vPlan Agreement between your organisation ("you" or "your") and vPlan ("vPlan", "we", "us", or "our") that governs your use of vPlan and apply to your access to and use of vPlan AI. Any capitalised term used in these Beta Terms but not defined has the meaning set forth in the vPlan Terms of Use. In the event of a conflict between these Beta Terms and the vPlan Terms of Use, these Beta Terms shall apply.

"vPlan AI" means any feature or functionality made available by vPlan that utilises artificial intelligence, machine learning, or similar technologies. In consideration of your agreement to and compliance with these Beta Terms, we grant you a non-exclusive, revocable, non-transferable, limited right to access and use vPlan AI in accordance with these Beta Terms.

You shall not: (a) modify vPlan AI or create derivative works thereof; (b) sublicense, resell, share in time, or similarly exploit vPlan AI; (c) upload, post, transmit, or otherwise make available content or information intended to interrupt, interfere with, destroy, or limit the functionality of vPlan AI; (d) reverse-engineer, modify, adapt, or hack vPlan AI, or otherwise attempt to gain unauthorised access to vPlan AI or its associated systems or networks; or (e) access vPlan AI to build a competing product or service, including foundation models or other large-scale models.

You may provide input to be processed by vPlan AI ("Input") and receive output generated and returned by vPlan AI based on the Input ("Output"). When using vPlan AI, you are solely responsible for the development, content, operation, maintenance, and use of the Input and the Output. You will ensure that the Input and your use of vPlan AI and the Output do not: (a) violate any applicable law; (b) breach these Beta Terms, the vPlan Terms of Use, or any policy of vPlan or third-party AI providers, including but not limited to the privacy policy and the sharing and publication policy of OpenAI, LLC's; or (c) infringe, violate, or misuse our rights or the rights of third parties. You acknowledge that due to the nature of machine learning and the technology powering vPlan AI, Output may not be unique and vPlan AI may generate the same or similar output to you or a third party.

Input and Output are considered Customer Data. Your use of vPlan AI does not grant vPlan any right or license to use or share Customer Data in a manner not consistent with the vPlan Terms of Use, unless otherwise agreed by you. For clarification, vPlan will not, and will not allow others to, use the Input or Output to train the machine learning models used to provide vPlan AI.

To the extent your Input includes Customer Data, you instruct us and our subprocessors to process such Customer Data for the purpose of providing vPlan AI and the Output, subject to our privacy policy we have with you. You consent to our use of OpenAI, LLC (and its affiliates) as a subprocessor.

vPlan AI, including the nature and performance of its features and functionality and any related feedback you provide, is Confidential Information of vPlan within the meaning of the vPlan Terms of Use.

Notwithstanding the provisions in the vPlan Terms of Use and subject to your prior written approval (email suffices), vPlan may identify you as a user of vPlan AI and may use any quotes or testimonials you provide about vPlan AI on vPlan's website, in press releases or statements to the media, and in marketing and promotional materials.

AS VPLAN AI IS STILL IN A BETA PHASE, IT MAY CONTAIN BUGS, ERRORS, OR OMISSIONS. VPLAN AI IS PROVIDED "AS IS" AND VPLAN EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. YOUR USE OF VPLAN AI IS AT YOUR OWN RISK, AND VPLAN MAKES NO WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF VPLAN AI OR THE ACCURACY OF INFORMATION OBTAINED THROUGH VPLAN AI. DUE TO THE NATURE OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING, INCLUDING CHANGES AND UPDATES TO THE DATA MODELS AND THE UNDERLYING DATA USED BY THESE MODELS, OUTPUT MAY CONTAIN MATERIAL INACCURACIES. YOU MUST INDEPENDENTLY VERIFY THE VALIDITY OF THE OUTPUT. VPLAN MAKES NO WARRANTY THAT CUSTOMER DATA WILL NOT BE LOST OR DAMAGED WHEN USING VPLAN AI.

VPLAN AI IS SUPPLEMENTARY TO THE SERVICES OFFERED UNDER THE VPLAN TERMS OF USE, AND NOTWITHSTANDING THE PROVISIONS IN THE VPLAN TERMS OF USE, VPLAN MAKES NO WARRANTY WITH RESPECT TO THE AVAILABILITY OR UPTIME OF VPLAN AI. VPLAN MAY TERMINATE OR MODIFY VPLAN AI OR THESE BETA TERMS AT ANY TIME AT ITS SOLE DISCRETION.