New Product Addendum

Last updated: July 12, 2024

Existing Customers: If you signed an Agreement with SOCi prior to April 2023 and want to add SOCi Genius products, Surveys or SOCi Shield, the following additional terms will apply to your signed Agreement with SOCi. If any provision in this Addendum is in conflict with, or is inconsistent with, any provision in the Agreement, the provision contained in this Addendum as to the applicable product or feature shall govern and control.

SOCi Genius Products and Features. If your Subscription Services include Artificial Intelligence (“AI”) powered experiences (“AI Services”), the following additional requirements apply to your use of the Services:

1. Use the AI Services. Customer may submit prompts or queries to the AI Services (“Inputs”) and receive outputs from the AI Features (“Outputs”). You must use the AI Services and the generated Output only (i) in a lawful manner and in compliance with all applicable laws, (ii) in accordance with these Terms of Service, our AUP, or any applicable third-party AI provider terms (list available at www.soci.ai/subprocessors), or (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 entity, including but not limited to any intellectual property rights including trademark, copyright, patent or name, image and likeness rights, or the method, purpose or means of causing or attempting to cause the AI Services to generate content.  You understand and acknowledge that Output may not be unique across users and the AI Services may generate the same or similar output for other users.  You also understand and acknowledge that the AI Services may generate the same, similar, or different Output for other uses.
2. Ownership of Output. Except for our express rights in this Agreement, as between the parties, you retain all intellectual property and other rights in your Inputs, subject to any third-party AI terms (www.soci.ai/subprocessors), your use of any External Content ,or third-party content not owned or licensed by you as part of the Input. You retain right to the Outputs, subject to any third-party intellectual property rights, and any rights of the Networks if you publish the Outputs to the Networks. By using the AI Services, you are granting us and our affiliated companies permission to use the Output, and related content in connection with your use of the Services and the AI Services, including, without limitation, (i) to provide the Services, and (ii) the right to sublicense such rights to any third-party supplier of the AI Services or the Networks (to allow you to publish content to the Networks).

(iii) AI Services Disclaimer. IF YOUR USE OF THE SERVICES INCLUDES AI SERVICES, WE MAKE NO GUARANTEES OR PROMISES ABOUT THE AI SERVICES OR THAT THEY WILL FUNCTION AS INTENDED. OUTPUTS ARE NOT TESTED, VERIFIED, ENDORSED OR GUARANTEED TO BE ACCURATE, COMPLETE OR CURRENT BY SOCI. YOU SHOULD INDEPENDENTLY REVIEW AND VERIFY ALL OUTPUTS AS TO APPROPRIATENESS FOR ANY OR ALL OF YOUR USE CASES. THE AI SERVICES ARE NOT ERROR-FREE AND MAY GENERATE INCORRECT INFORMATION. YOUR USE OF THE AI SERVICES IS AT YOUR OWN RISK. WE MAY NO WARRANTY OR REPRESENTATION OF ANY KIND THAT ANY OUTPUT CREATED BY THE AI SERVICES OR YOUR USE OF SUCH OUTPUT DOES NOT INFRINGE THE RIGHTS OF ANY THIRD PARTY, INCLUDING, WITHOUT LIMITATION, YOUR USE OF THE OUTPUT. YOUR USE OF THE OUTPUT IS SUBJECT TO ANY THIRD-PARTY RIGHTS.

Use of SOCi Shield. If your Subscription Services includes SOCi Shield, the following terms apply to your use of the Services: SOCi Shield enables you to set up specific parameters to regulate the content that your Users publish on the Networks via our Platform (“SOCi Shield”).  SOCi Shield does not guarantee compliance with your internal company posting policies or any legal requirements applicable to regulated industries and your business. We will not be liable or responsible to you for any failure by you or your Users to comply with laws applicable to your business or industry resulting from your use of SOCi Shield.

Use of Surveys. If your Subscription Services includes Surveys, the following terms apply to your use of the Services: SOCi’s Surveys (“Surveys”) feature allows you to create and send surveys to your customers, clients, or visitors to your website. If your Subscription Services include the use of Surveys, you acknowledge and agree that you will not create survey questions resulting in survey responses that include Restricted Information. This includes any Output generated by the AI Services, as defined below.

Additional Terms. If your Subscription Services includes AI Services, SOCi Shield and Surveys, the following additional terms (unless already covered in your existing Agreement), will apply:

1. Third-Party Integrations and Services.  If you access or purchase a third-party service, integrated services, marketplace integration solutions, archiving systems or tools, Getty images, or other such products or services offered by a third party (“Third-Party Service”) that you connect to or access via the Services, you do so at your own risk. These Third-Party Services are not owned or controlled by us and are only provided to you as a convenience.  Your relationship with any Third-Party Service is an agreement between you and them.  If you access or enable a Third-Party Service, you may need to give them permission to access or otherwise process your data, as required for the use and operation of the Third-Party Services.  We will not be liable for disclosure, use, changes to, or deletion of your data or for losses or damages you may suffer from access to your data by a Third-Party Service. We cannot make any guarantees regarding, or provide support for use and operation of, the Third-Party Service. WE MAKE NO REPRESENTATION AND WILL HAVE NO LIABILITY OR OBLIGATION WHATSOEVER IN RELATION TO THE CONTENT OR USE OF, OR CORRESPONDENCE, AGREEMENTS OR TRANSACTIONS WITH, ANY THIRD-PARTY SERVICES THAT YOU ELECT TO INTERACT WITH OR CONNECT TO THE SERVICES. YOU MUST COMPLY WITH ALL OF YOUR AGREEMENTS AND OTHER LEGAL REQUIREMENTS THAT APPLY TO YOUR USE OF THIRD-PARTY SERVICES.
2. Acceptable Use Policy. The AUP, in its current version, is incorporated into this Agreement in its entirety. You and your Users comply with the AUP available at https://www.soci.ai/aup. You are responsible for routinely verifying that you and your Users comply with the latest version of AUP.