Whimsical, Inc. AI Supplementary Terms

These Whimsical, Inc. (“Whimsical”) AI Supplementary Terms (“Whimsical AI Terms”) form a part of the Terms of Service, the SaaS Agreement, or the Master Services Agreement, as applicable, between you and Whimsical (as applicable, the “Agreement”). These Whimsical AI Terms apply to your access to and use of any Whimsical AI features. 

Definitions
Any defined terms used herein and not otherwise defined have the meanings set forth in the applicable Agreement. 

• “Customer Data” shall have the meaning set forth in the Privacy Notice. 
• “Whimsical AI” means any features or functionality made available by Whimsical that utilize data models trained by machine learning.

Fees
Whimsical AI is currently offered as part of your Whimsical subscription at no additional cost. 

Input and Output
You may provide input to be processed by Whimsical AI (“Input”), and receive output generated and returned by Whimsical AI based on the Input (“Output”). When you use Whimsical AI, Input and Output are your Customer Data. You are solely responsible for the development, content, operation, maintenance, and use of your Customer Data. You acknowledge that due to the nature of machine learning and the technology powering Whimsical AI features, Output may not be unique and Whimsical AI may generate the same or similar output to Whimsical or a third party, and Whimsical AI may generate the same Output for you as other Users.

Whimsical AI Use Restrictions

• You may not use Whimsical AI or Output (i) to develop foundation models or other large scale models that compete with Whimsical or Whimsical AI; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns, or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.
• Your use of Whimsical AI is subject to fair usage restrictions as detailed here under “Usage Limits”. Whimsical reserves the right to disable or degrade your access to Whimsical AI in its sole discretion in order to ensure optimal performance and fair use across all Whimsical Users. 
• You will ensure that your Input and use of Whimsical AI and Output will not (i) violate any applicable law, including any local, regional, or national prohibition of such technology; (ii) violate these Whimsical AI Terms or the Agreement; (iii) violate our “Customer Content” restrictions as set forth in our Terms of Service or our Acceptable Use Policy; or (iv) infringe, violate, or misappropriate any of our rights or the rights of any third party.

Improving Whimsical AI
Whimsical does not use your Customer Data or permit others to use your Customer Data to train the machine learning models used to provide Whimsical AI functionality. Your use of Whimsical AI functionality does not grant Whimsical any right or license to your Customer Data to train our machine learning models.

Artificial intelligence and machine learning models can improve over time to better address specific use cases. We may use data we collect from your use of Whimsical AI to improve our models when you (i) voluntarily provide feedback to us; or (ii) give us your permission.

WARRANTY DISCLAIMER
WHIMSICAL DOES NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF WHIMSICAL AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH WHIMSICAL AI. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY WHIMSICAL AI FEATURE IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT-CHECKING THEIR ACCURACY. OUTPUT THAT APPEARS ACCURATE BECAUSE OF ITS DETAIL OF SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. WHIMSICAL AI CANNOT DYNAMICALLY RETRIEVE INFORMATION, AND OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHIMSICAL OR THROUGH WHIMSICAL AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

Service Level Terms Are Not Applicable
Notwithstanding anything to the contrary in your Agreement or any Service Level Terms agreed to thereunder, if applicable, downtime of Whimsical AI that results from a failure of a third party service will not be included in the availability and downtime calculations.

Third Party Provider Policies
Whimsical AI is provided by a third party, OpenAI, through an API. If you choose to use the Whimsical AI features, you may not use the Whimsical AI features in a manner that violates any OpenAI policies, including their Usage Policy,  Content Policy, Sharing and Publication Policy, and/or Community Guidelines.