These Cyware AI Terms (“Cyware AI Terms”) form an integral part of the Cyware Master Services Agreement https://www.cyware.com/legal/msa (or other negotiated master terms), as well as the Acceptable Use Policy https://www.cyware.com/legal/acceptable-use-policy and any other mutually executed agreement entered into between Cyware and Client identified in such agreement (“Agreement”). These Cyware AI Terms apply to Client’s or their End User’s use of any artificial intelligence (AI) features and functionalities made available by Cyware as part of the Subscription Services (“Cyware AI”). Cyware reserves the right to modify these Cyware AI Terms by providing Client advance written notice (in the event of a material change) or by updating the terms on Cyware’s website. Client’s use of Cyware AI after the implementation of said change will be deemed as acceptance by Client of said change. Capitalized terms used below which are not defined herein will have the meaning set forth in the Agreement, or the meaning of such equivalent or similar term set forth in the Agreement. In the event of a conflict with the Agreement and these Cyware AI Terms, the Cyware AI Terms will take precedence to the extent required to resolve such conflict.
1. Description of Cyware AI. Cyware AI represents the collection of Cyware's AI capabilities that powers cyber threat intelligence operation workflows across Subscription Services. For further information on the above functionalities, please refer to Cyware’s Documentation.
2. Consent. Use of any of the AI product features is deemed consent to the use (or opt-in) of all AI features within the Cyware platform and permits the processing of you or your End User’s data as may be provided to the Cyware platform at you or your End User’s discretion. You acknowledge and agree that such AI features may involve automated processing, including profiling, and rely on historical and real-time data.
3. Input and Output. Client may submit certain data, content or information to Cyware AI for processing (“Input”) and receive results generated by Cyware AI based on the Input (“Output”). Input and Output will be deemed Client Data, and will be subject to the rights, restrictions and obligations applicable thereto as set forth in the Agreement. Client hereby represents and warrants that it has all rights, licenses, permissions and/or authority required to provide Input to Cyware AI. Client will be solely responsible for all Input and use of Output, including using independent human review to evaluate the accuracy and appropriateness of the Output for Client’s use case. Client acknowledges that: (a) due to the nature of machine learning and the technology powering Cyware AI, Output may not be unique to Client, and Cyware AI may generate the same or similar output for third parties; (b) Client has no right, title or interest in or to any such similar third parties’ outputs or results; and (c) Cyware is not responsible for any hallucinations or prediction responses that may be generated by Output or utilized by Client for Input.
4. Third Party Model Providers. Cyware AI supports LLMs provided by the third parties listed below, which Cyware may update from time to time (“Third Party Model Providers”). In instances in which Cyware is directly providing access to the LLM, Cyware utilizes the OpenAI Service. Client acknowledges that Third Party Model Providers will use Input and Output (including any personal data included in any Input) as necessary to provide Cyware AI and to comply with applicable laws and enforce policies. By using Cyware AI, Client agrees to use Cyware AI in accordance with the usage policies of each Third Party Model Provider, and to ensure that its End Users comply with the same.
Third Party Model Providers:
5. No Processing of Personal Data. Client shall not include any personal data (including but not limited to any Personal Identifiable Information (PHI) or Personal Health Information (PHI)) in any Input.
6. No Training. Cyware does not use any Client Data, nor does Cyware permit any third party to use Client Data, to train or fine-tune any AI model used to provide Cyware AI.
7. Cyware AI Use Restrictions. In addition to Client’s obligations and restrictions pertaining to Client’s use of the Subscription Services, Client will not, nor allow any third party to, directly or indirectly: (a) use Cyware AI in any way to develop any models or any product or service which is the same as, substantially similar to or otherwise competitive with Cyware AI or the Subscription Services; (b) mislead any person that any Output was solely human generated; (c) discover, extract or attempt to discover or extract the underlying components of Cyware AI, or use web scraping or other data extraction methods to extract data from Cyware AI; (d) use Cyware AI in a manner which violates any technical documentation, usage guidelines or other parameters of Cyware and its Third Party Model Providers (including Cyware’s Acceptable Use Policy), or as otherwise appended to the Agreement, and applicable usage policies of each Third Party Model Provider, or in a manner which bypasses any protective measures; and/or (e) use Cyware AI to infringe any third party rights or violate any applicable laws, including but not limited to privacy rights, intellectual property rights, and sanctions and export control laws. In the event that any Input is alleged to be unlawful or otherwise in breach of these Cyware AI Terms, Client acknowledges that Cyware may disclose Input and/or Output to law enforcement or other governmental authorities, or in response to any court order.
8. NO WARRANTIES. CLIENT’S USE OF AND RELIANCE UPON CYWARE AI FEATURES, THE OUTPUT AND/OR ANY RESULTS THEREOF ARE ENTIRELY AT CLIENT’S OWN DISCRETION AND RISK, AND CYWARE AND ITS LICENSORS (INCLUDING THIRD PARTY MODEL PROVIDERS) WILL HAVE NO LIABILITY WHATSOEVER TO CLIENT IN CONNECTION WITH ANY OF THE FOREGOING.
9. Usage and Payment. Client’s use of Cyware AI may be subject to certain usage limitations. Cyware reserves the right to monitor Client’s use of Cyware AI and limit or suspend Client’s usage of Cyware AI if Cyware reasonably believes that such usage surpasses these usage limitations, and/to charge Client additional fees for any such overage. Any such additional payment for overages will be in accordance with the pricing set forth in the applicable ordering document executed by Cyware and Client.
10. Service Levels Not Applicable. Notwithstanding anything in the Agreement, any downtime of Cyware AI that is due to a Third Party Model Provider will not be deemed unscheduled downtime for the purpose of calculating service levels and availability of the Subscription Services.
11. Changes to Cyware AI. Client acknowledges that due to the uncertain and evolving nature of technologies powering Cyware AI, Cyware may change existing Cyware AI capabilities provided that such changes do not materially downgrade the functionality of existing Cyware AI. In addition, Cyware may introduce new Cyware AI features and functionalities from time to time.