Legal

AI Terms of Use

Between you (referred to hereinafter as "the Subscriber") and WHATEVER S.A., public limited company, having its registered administrative offices at Traverse d'Esope 6, B-1348 Louvain-la-Neuve, Belgium, enterprise VAT number BE 0889 962 726, referred to hereinafter as "Elium", Referred to hereinafter individually as a "Party", or jointly as the "Parties", It has been agreed as follows :

  • The Parties have entered into a Services Contract (hereinafter referred to as the 'Contract');

Definitions

Terms defined but not defined herein shall have the meaning given to them in the Agreement.

'Elium AI": The set of Artificial Intelligence functionalities provided by Elium and whether or not integrated into the Services.

'Services": The services provided by Elium to the Subscriber in accordance with the Services Contract.

Objectives

These terms of use define and set the conditions under which the Subscriber may use the Artificial Intelligence functionalities of Elium (hereinafter referred to as 'Elium AI').

The Subscriber acknowledges that it has read, understood and agrees to be bound by these terms and conditions. The Subscriber represents and warrants that it has full authority to enter into these terms and conditions and, if acting on behalf of a company, that it has the authority to bind that company to these terms and conditions.

In addition, the Subscriber acknowledges and understands that the 'Microsoft Generative AI Services OpenAI Terms of Service' code of conduct available here governs the use of Elium AI.

Content

The information generated and returned by Elium AI ('Output') is based on the metadata processed on and by the Solution ('Input'), Input and Output being collectively referred to herein as 'Content'. The Subscriber is solely responsible for the compliance of the Content with applicable laws and these Artificial Intelligence Terms of Use. As between the Parties and to the extent permitted by applicable law, the Subscriber is the owner of the Input and is hereby granted rights, title and interest in and to the Output. The Content may be used for any lawful and legal purpose, including commercial and publication purposes, at the Subscriber's risk. Before publication, it is necessary to add a statement indicating that the Output has been generated by Artificial Intelligence tools. Due to the nature of machine learning, results may not be unique and AI features may generate identical or similar results for other users.

Accuracy

Elium does not guarantee the accuracy of the results generated by Elium AI. Given the probabilistic nature of machine learning and AI, the use of Elium AI may, in certain situations, result in incorrect results that do not accurately reflect the action generated. The Subscriber must evaluate the accuracy of any result and should not rely on Elium to do so.

Acceptable Use

The Subscriber hereby represents and warrants that it will not, nor will it permit anyone on its behalf, including any Authorised User, to:

  • (a) cause anyone to believe that the content generated is of human origin;
  • (b) use Elium AI to generate content that expresses or promotes hatred, harassment or violence, exploits or harms children, promotes self-harm, presents illegal, sexual, political, harmful, false, misleading or deceptive information, misuses personal data, contains malware, unwanted and unsolicited content, ransomware, viruses or other software;
  • (c) use Elium AI for activities with a high risk of economic harm, adult content, adult industries and dating applications; offer personalized financial advice without a qualified person reviewing the information; provide health advice, political campaigning or lobbying;
  • (d) use AI functionality in a manner that infringes, misappropriates or violates the rights of any third party;
  • (e) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of the models, algorithms and systems of the AI Features (except to the extent that such restrictions are contrary to applicable law);
  • (f) use the AI Functionality to develop foundation models or other large-scale models that compete with Elium; and
  • (g) use any method of extracting data from the AI Function, including methods of scraping, harvesting or extracting data from the web, other than as permitted through the API.

The data collected can be used to train and improve the LLM used by the AI functionality. The LLM is a machine learning model that enables the AI functionality to generate text, translate languages, answer questions and perform other tasks. Training the LLM using customer data improves its accuracy and efficiency.

Subscriber data will only be used for the Subscriber's use of the AI functionality and will not be shared with other Elium Subscribers.

Third-Party Providers

Elium AI is provided by third party vendors; currently, Elium uses AI functionality provided by artificial intelligence technology developed and provided by Microsoft Azure OpenAI Service ('Azure OpenAI'). Elium has no control over the use of the data provided. Accordingly, any use of such data is at the Subscriber's sole risk and Elium makes no representation, undertaking or warranty as to the security or control of the data provided. However, data provided to the Microsoft Azure OpenAI service through the AI :

  • are NOT available for other clients (Whatever S.A. or Microsoft Azure)
  • are NOT available to OpenAI LLC
  • are NOT used to improve OpenAI models
  • are NOT used to enhance Microsoft or third party products or services
  • are NOT used to automatically enhance Azure OpenAI templates.

Refined Azure OpenAI models, used to enhance AI features, are available exclusively to the Subscriber.