Airly AI for Word Add-in Terms of Use

Airly AI for Word Add-in
Terms of Use

We hereby introduce you to the Terms of Use of the Airly AI for Word Add-in, a tool for generating environmental assessments. This application is an add-in for Microsoft Word, designed for registered users of the Airly AI service. If you are not an Airly AI user, you can download and install this app, but you will not have access to its functionality.

Definitions
In these Terms of Use, the following terms, which are written in capital letters, shall be understood as follows:
1. “App” - Airly AI for Word Add in app - Microsoft Word compatible tool for the generation of environmental assessments based on User supplied data; b. “Airly AI” - service provided by the Provider under a separate contract, consisting of collecting and compiling data for the purpose of generating the environmental assessments;
2. “Provider” - Airly sp. z o.o. with its registered office in Kraków, ul. Mogilska 43, 31-545 Krakow, entered into the Register of Entrepreneurs kept by the District Court for Kraków-Śródmieście in Kraków, XI Economic Department of the National Court Register under the number KRS 0000639797, NIP 6762514290, REGON 365524039; d.
3. “Terms of Use”
4. “User” - a person or a legal person, or an entity without legal personality to which legal capacity is granted by the law, who concluded the agreement with the Provider under these Terms of Use;
5. “User Content” – text, documents, and any other data that User enters or uploads while using the App.
General Provisions
1. These Terms of Use govern the access to and use of the App. By installing, accessing, or using the App, you agree to be bound by these Terms of Use. 2.2. Provider shall not be liable for the use of the App by the User in a manner contrary to the provisions of these Terms of Use.
2. These Terms of Use are available to User at any time at Microsoft AppSource marketplace and https://airly.org/en/terms-conditions/. User can also copy the text of these Terms of Use, save it or print it, using their device.
3. Those Users who use Airly AI are bound by the Airly AI terms of use. In this case, these Terms of Use apply to all matters not governed by Airly AI terms of use, and in the event of any discrepancy between the content of these Terms of Use and the content of the Airly AI terms of use, the provisions of the Airly AI terms of use shall prevail.
4. All communication related to the agreement will be via email unless these Terms of Use provide otherwise.
App
1. The App, including all content, features, and functionality, is owned by the Provider and is protected by copyright and other intellectual property laws. 3.2. Provider grants User a limited, revocable, royalty-free, non-exclusive, non-sublicensable, and non-transferable license to use the App, subject to and in accordance with Terms of Use.
2. The license agreement is considered to be concluded at the time of the App’s installation or acceptance of these Terms of Use online or in any other way. 3.4. To use all functions and features of the App, the User shall register an individual account at Airly AI. Without said registration, the User will be able to install but not use the App.
3. To generate an environmental assessment using the App, the User can enter the data directly from the Airly AI database or enter it by other means using a file in a supported format.
4. Installation and use of the App are free of charge.
Use of generative AI
1. The App uses generative AI (OpenAI API provided by Open AI, L.L.C. and OpenAI Ireland Ltd.) to create a part of the assessment and to tailor the environmental assessments to the User's requirements.
2. Generative AI solution, indicated in clause 4.1. above, is subject to: a. the Business Terms (available at https://openai.com/policies/business terms),
  1. the Terms of Use - if the User does not reside in the European Economic Area, Switzerland or the UK (available at: https://openai.com/policies/terms-of-use),
  2. he Europe Terms of Use - if User resides in the European Economic Area, Switzerland or the UK (available at https://openai.com/policies/eu-terms-of-use),
  3. the Service Terms (available at https://openai.com/api/policies/service-terms/),
  4. the Sharing & Publication Policy (available at https://openai.com/api/policies/sharing-publication/),
  5. the Usage Policies (available at https://beta.openai.com/docs/usage-policies)
  6. the Privacy Policy (available at https://openai.com/policies/privacy-policy).
3. User is obliged to read the relevant OpenAI terms, indicated in clause 4.2. above, before using the App and to comply with its provisions throughout the period of using the App.
4. Input submitted by the User and generated output shall be treated as User Content. Original prompts on which the App is based are the intellectual property of the Provider.
5. User is responsible for User Content and will not use generative AI features in a way that infringes, violates, or misappropriates any of Provider’s rights or the rights of any third party.
6. User acknowledges that generative AI provider may store User Content (inputs and outputs) up to 30 days to provide services necessary to use the App, and to identify abuse in accordance with its enterprise privacy policy available at:https://openai.com/enterprise-privacy.
7. User acknowledges that due to the nature of machine learning and technology powering generative AI, outputs may not be unique and the App may generate the same or similar output for third parties.
8. User is not allowed to use generative AI features:
  1. to mislead any third party that any output from generative AI was solely human generated;
  2. in a manner that violates these Terms of Use, ChatGPT terms of use and generally applicable law;
  3. to develop any artificial intelligence models that compete with Provider’s and/or OpenAI, L.L.C. and/or OpenAI Ireland Ltd. (and affiliates) products and services;
  4. to enter any personal information of children under 13 or the applicable age of digital consent or allow minors to use our Services without consent from their parent or guardian.
User Content
1. User Content is owned by the User. Provider does not own, control, verify, or endorse User Content.
2. User grants Provider royalty-free, non-exclusive, worldwide license to use User Content for the limited purposes of operating, providing, improving, troubleshooting, and debugging the App.
3. The license indicated in clause 5.2. above, allows Provider to - solely for the purposes outlined above - store, reproduce, use, publish, and display (to show User Content to User), modify, and create derivative works of your User Content.
Technical Requirements
1. The following equipment is required to use the App:
  1. a PC/Mac, smartphone, tablet or other device with similar functions;
  2. the latest version of the Microsoft Word (desktop or online);
  3. an active Internet connection;
  4. updated version of the Firefox, Chrome, Safari or Microsoft Edge web browser;
  5. JavaScript, Frames and CSS style support enabled;
  6. active email account.
2. Failure to comply with the requirements referred to in this clause 6 may result in difficulties or inability to use the App.
Personal Data
1. Processing personal data is governed by the Provider’s Privacy Policy. 7.2. User who intends to use the App is obliged to read the Privacy Policy before using it.
Risk related to the use of the App
The use of the App is not related to specific risks, with the exception of the risks commonly encountered when using the Internet. Irrespective of that, it is recommended to use antivirus software in order to minimize the introduction of harmful software into the User’s IT system by unauthorized persons.
Obligations and liability of the User
User is obliged to:
1. use the App in accordance with these Terms of Use,
2. comply with generally applicable law regulations while using the App,
3. refrain from providing User Content that may infringe or violate any patent, trademark, trade secret, copyright or other intellectual or other proprietary right of any party,
4. refrain from providing User Content that may infringe generally applicable law,
5. refrain from actions which could negatively affect the Provider or the App,
6. refrain from reverse engineering or decompiling the App, attempt to do so, or assist anyone in doing so – unless these restrictions are prohibited by law, g. compensate the damage suffered by Provider as a result of User’s wrongful act.
Obligations and liability of the Provider
1. Provider is obliged to provide services related to the App with due care. 10.2. In connection with the performance of the agreement, the Provider’s liability is excluded to the fullest extent permitted by law, in particular the Provider shall not be liable for:
  1. permanent or temporary and unexpected malfunctions of the App caused by hacker attack, random circumstances, natural disasters or force majeure;
  2. User’s lost profits;
  3. consequences of improper use of the App by the User or its representatives;
  4. breakdowns or other damage of the User's hardware or other equipment, devices, operating system, software or damage or loss of User’s data, not caused by the App;
  5. consequences of use of files not generated by Airly AI;
  6. the User’s use of software not supported by its producer, in particular in such case the Provider is not responsible for the safety and stability of the App.
Duration and termination of the agreement
1. These Terms of Use constitute the agreement that is concluded for an indefinite period.
2. The User can terminate this agreement by uninstalling the Appor otherwise removing it from the device memory.
3. Provider reserves the right to terminate the agreement if the User:
  1. violates these Terms of Use or generally applicable law;
  2. is causing performance disruptions in Microsoft 365, including Microsoft Word or in generative AI provider by using the App in a way that is not recommended in these Terms of Use or any other relevant terms;
  3. is using the App or third-party services or fraudulent or illegal activities.
4. Notwithstanding the provisions of the clause 11.3. above, the Provider reserves the right to discontinue the App at any time, at the Provider’s sole discretion. Aforementioned discontinuation will be treated as the termination this agreement.
5. The license agreement related to the User Content stipulated in clause 5.2. above shall be concluded for an indefinite period.
6. When this agreement terminates for any reason, all the sections one would expect to survive will survive, including, but not limited to liability of the Provider.
Third-party services
Any third-party services or apps are provided for User’s convenience only and are subject to the third party’s terms. Provider isn’t responsible or liable for those websites, products, or services.
Complaints
1. A complaint regarding non-performance or improper performance of the App shall be made by sending an e-mail and should include:
  1. User’s contact details, enabling identification of the User and communication with them;
  2. objections regarding the App;
  3. the circumstances justifying the complaint;
  4. User’s demands related to the complaint.
2. A correctly submitted complaint will be reviewed within 14 days of its reception by the Provider. Within the given deadline, the Provider will respond to the complaint, indicating whether the Provider accepts the complaint [and how the Provider intends to execute it] or does not accept the complaint [along with a justification of its standpoint].
3. Provider reserves the right to extend the period mentioned in the section 13.2 above by 7 days if additional circumstances need to be clarified.
Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PROVIDER AND ITS SUPPLIERS, EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE APP. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SATISFACTORY QUALITY OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE, OR REGARDING SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE. USER ACKNOWLEDGES AND AGREES THAT USE OF THE APP IS AT USER’S OWN SOLE RISK AND THAT THE APP IS PROVIDED ON AN “AS IS,” “WHERE IS,” “AS AVAILABLE,” “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, THE PROVIDER DOES NOT WARRANT THAT THE OPERATION OF THE APP WILL MEET USER’S REQUIREMENTS OR WILL BE UNINTERRUPTED OR ERROR-FREE.
THE PROVIDER DOES NOT GUARANTEE ACCURACY OR SUITABILITY OF THE RESULTS (THE OUTPUTS) THAT MAY BE GENERATED BY THE USE OF GENERATIVE AI FEATURES. USER ACKNOWLEDGES AND AGREES THAT USE OF ANY GENERATIVE AI OUTPUTS IS DONE AT USER’S SOLE RISK. WHILE GENERATIVE TECHNOLOGY IS STILL EVOLVING, IT IS NOT ADVISABLE TO RELY SOLELY ON IT AS A SOURCE OF FACTUAL INFORMATION. NO INFORMATION OR ADVICE OBTAINED BY THE USER FROM OR THROUGH THE APP SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Jurisdiction and dispute resolution
1. To matters not covered by these Terms of Use, the provisions of the law of Republic of Poland shall apply.
2. Potential litigations will be subject to the jurisdiction of the competent court of law in Cracow (Poland).
Final provisions
1. These Terms of Use enter into force on 6th March 2024.
2. By accepting these Terms of Use, User represents and warrants that
  1. User is not located in a country that is subject to a U.S. government, the United Nations or the European Union embargo, that has been designated by the U.S. government as a “terrorist supporting” country, or that is subject to sanctions by the U.S. government, the United Nations or the European Union; and
  2. User is not on any U.S. government, United Nations or European Union list of prohibited or restricted parties.
3. In the event that any of the provisions of these Terms of Use proves to be invalid, ineffective, illegal or unenforceable in whole or in part, such circumstance will not affect the validity of the remaining provisions of these Terms of Use.
4. The Provider reserves the right to make changes in these Terms of Use due to important reasons [such as, for example, changes in the legislation, changes in the Provider’s business model, changes of technical specification of the App, changes of the terms and conditions provided to the Provider by third parties, that are necessary for the performance of the agreement by the Provider, changes in the Provider’s offer], after informing the User via in-App communication or email. With respect to agreements in force, changes in the provisions of these Terms of Use shall come into force on a date indicated in message, but after at least 21 days from the moment of notifying the Users of new provisions.
5. Changes in the name of the Provider and changes resulting from changes in the law, which do not affect the nature, manner and quality of performing the agreement, do not constitute the change of the agreement.