ARTIFICIAL INTELLIGENCE TERMS AND CONDITIONS

[Last Updated: October 2024]

These Artificial Intelligence terms and conditions ("AI Terms") are hereby entered by and between Net2Phone Global Services, LLC (“Net2Phone”), and you, a customer using the Net2Phone Services (“Customer”). These AI Terms govern the use and specifications of the Net2Phone artificial intelligence (“AI”) features (“Net2Phone AI Features”). These AI Terms are an integral part of the Net2Phone Terms of Service ("Terms of Service”) and are incorporated therein by reference. Defined terms below that are not defined herein, shall have the meanings set forth in the Terms of Service.  Net2Phone may modify these AI Terms upon email notice to Customer. Customer’s continued access or use of the Net2Phone AI Features constitutes Customer’s acceptance to be bound by the revised AI Terms.

1. Acceptance of the AI Terms: THESE AI TERMS SET FORTH THE TERMS PURSUANT TO WHICH THE CUSTOMER MAY USE THE NET2PHONE AI FEATURES. BY USING THE AI FEATURES, THE CUSTOMER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD AND AGREES TO BE BOUND BY THESE AI TERMS. THE CUSTOMER REPRESENTS AND WARRANTS THAT IT HAS THE FULL LEGAL AUTHORITY TO ENTER INTO THESE AI TERMS AND IF THE CUSTOMER IS ACTING ON BEHALF OF AN ORGANIZATION OR COMPANY, IT HAS THE LEGAL AUTHORITY TO BIND SUCH ORGANIZATION OR COMPANY TO THESE AI TERMS. FURTHER, THE CUSTOMER ACKNOWLEDGES AND UNDERSTANDS THAT NET2PHONE AI FEATURES INCLUDE VARIOUS TECHNOLOGIES AND AI TOOLS, WHICH ARE LICENSED TO NET2PHONE OR DEVELOPED BY NET2PHONE. 
2. Supported Countries: The Net2Phone AI Features can be used solely in the following jurisdictions: found here and here.
3. License: Net2Phone hereby grants Customer a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the Net2Phone AI Features. The use of the Net2Phone AI Features is subject to the Customer’s compliance with any and all applicable laws and these AI Terms. The Customer understands and acknowledges that the Net2Phone AI Features are not mandatory or integrated by default into the Services, and that the Services may be used without enabling the Net2Phone AI Features. Charges for the AI Features are set forth in the applicable Quote accepted by Customer. Net2Phone reserves the right to modify the charges for the Net2Phone AI Features at any time upon providing prior notice to Customer. 
4. Third Party Providers: Net2Phone licenses and uses third party AI code and tools (“AI Tools”) and, as part of such licensing, Customer may use such AI Tools, directly or indirectly, as part of the Net2Phone AI Features. As between Net2Phone and the Customer, Net2Phone is responsible for the implementation of the AI Tools. Notwithstanding the above, Net2Phone has no control over the use of the Input, the generation of the Output (as defined below), or any results of using the AI Tools; any use of such is at the Customer’s own risk and Net2Phone does not represent, undertake or warrant the security or control of or to the Input. 
5. Net2Phone AI Features: Net2Phone offers various AI Features which may change from time to time during your applicable service-term. Currently, Net2Phone AI Features improve customer engagement, enable automation of tasks and improve performance. Among other things, Net2Phone AI Features read and scrape content, text, images, webpages, phone transcripts, customer support calls, and any other information provided by the Customer (“Input”) for the purpose of generating the applicable feature ("Output" and, collectively with the Input, referred to as "Content"). 
6. Content: The Customer hereby acknowledges, agrees and permits Net2Phone to use the Inputs in order to generate the Output. As between the parties, and to the extent permitted under applicable law or the AI Tools' licenses, the Customer is the owner, or has legal rights and necessary authorizations in and to the Input, including its use by the Net2Phone AI Features, Net2Phone and the AI Tool. The Customer is hereby granted the right to use the Output for any lawful purpose including commercial purposes, at the Customer’s own risk. Due to the nature of machine learning, generative AI and deep learning, the Output may not be unique and may generate the same or similar output for other customers. Customer hereby agrees that any Input used by it for the purpose of generating the Output will be provided through the AI Feature and accessed solely by qualified personnel authorized to access and use the Input.
7. Accuracy: The Customer shall conduct independent fact checking. Net2Phone does not guarantee accuracy of any Output generated by the Net2Phone AI Features. Given the probabilistic nature of machine learning and AI, use of the Net2Phone AI Features may in some situations result in incorrect Output that does not accurately reflect the action generated. The Customer shall evaluate the accuracy of all Output and shall not rely on Net2Phone to do so. Output produced by the Net2Phone AI Features is intended as a preliminary version and must be reviewed and/or edited by a human before being considered suitable for sharing.
8. Acceptable Use Policy: Without derogating from the restrictions set forth above, Customer hereby represents and warrants that it will not, nor will it authorize anyone on its behalf to: (a) mislead anyone to believe that the Output is generated by a human; (b) use the Net2Phone AI Features to generate, or upload to the Net2Phone AI Features, directly or indirectly, content that expresses or promotes hate, harassment or violence, exploits or harms children, encourages self-harm, presents illegal, sexual, political, harmful, false, deceiving or misleading information, misuses personal data, contains malware, unsolicited bulk content, ransomware or viruses; (c) use the Net2Phone AI Features without obtaining all consents or authorizations if and to the extent required by applicable law; (d) use the Net2Phone AI Features for activities which have high risk of economic harm; (e) use the Net2Phone AI Features to generate spam, to generate content for fraudulent activities, to interfere with Net2Phone or any third party’s products or services, for adult content, or for adult industries; (f) use the Net2Phone AI Features to offer tailored financial or other professional advice without a qualified professional in that field reviewing the information prior to dissemination;  (g) use the Net2Phone AI Features to provide health advice; (h) use the Net2Phone AI Features for political campaigning content or lobbying; (i) use the Net2Phone AI Features in a way that infringes, misappropriates or violates any third party rights or inappropriately uses confidential or personal information; (j) reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the Net2Phone AI Features (except to the extent such restrictions are contrary to applicable law); and (h) use any method to extract data from the Net2Phone AI Features, including web scraping, web harvesting, or web data extraction methods, other than as permitted through the API.
9. Privacy and Security: Customer acknowledges and understands that the Content may contain personal information or personal data, as defined under applicable data protection laws, and confidential information, and that such Content is shared with Net2Phone, and the AI Tools, among others. Net2Phone shall use and process the Content as a service provider and does not determine the means of processing or the purpose of such processing. Net2Phone will process and use the Content solely to provide the Net2Phone AI Features and for the purpose of improving, operating, and supporting the Net2Phone AI Features. Net2Phone shall use commercially reasonable efforts to secure the Content. The Customer is solely responsible for ensuring that the Content does not include sensitive information and will inform Net2Phone of the security measures required when sharing, collecting and processing such Content.
10. Disclaimer and Limitation of Liability: IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THE TERMS OF SERVICE, THE NET2PHONE AI FEATURES ARE PROVIDED ON AN “AS IS” AND AS “AVAILABLE” BASIS. NET2PHONE AND THE APPLICABLE THIRD-PARTY PROVIDERS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE NET2PHONE AI FEATURES, OR THE INFORMATION, TEXT, TRANSCRIPTION, AND CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE NET2PHONE AI FEATURES. NET2PHONE WILL HAVE NO LIABILITY OR RESPONSIBILITY IN ANY WAY ARISING OUT OF THE USE OF THE NET2PHONE AI FEATURES OR ANY ERRORS OR OMISSIONS CONTAINED IN THE CONTENT. NEITHER NET2PHONE NOR ANY OF ITS AFFILIATES OR LICENSORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF NET2PHONE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NET2PHONE’S AGGREGATE LIABILITY UNDER THESE AI TERMS SHALL NOT EXCEED THE LESSER OF (X) THE MONTHLY FEES NET2PHONE CHARGED TO CUSTOMER FOR THE AI FEATURES DURING THE ONE (1) MONTH IMMEDIATELY PRIOR TO THE DATE THAT THE EVENTS GIVING RISE TO THE ACTION OR CLAIM FIRST OCCURRED, AND (Y) FIVE HUNDRED DOLLARS ($500).
11. Indemnification: In addition to the indemnification obligation set forth in the Terms of Service, Customer shall defend, indemnify, and hold harmless Net2Phone, its affiliates, and any of their respective personnel, from and against any claims, losses, and expenses (including attorneys’ fees) arising from or relating to (i) intellectual property breach; and (ii) the use of the Net2Phone AI Features which is not in compliance with these AI Terms or applicable law.
12. Healthcare: Without limiting the foregoing, to the extent Customer uses the AI Tools in connection with Protected Health Information, the following conditions and restrictions apply to these AI Terms:
    • 12.1 Customer is bound by the Terms of Service, including the HIPAA Business Associate Agreement, with respect to its use of the Net2Phone AI Features, and Customer is responsible for ensuring that such use, including use or disclosure of Content in connection with healthcare services, complies with applicable law.
    • 12.2 Customer must ensure that its employees and other workforce members who will use the Net2Phone AI Features or use and disclose the Content in connection with healthcare activities (“Healthcare Workforce”) are trained in these AI Terms, all applicable laws and regulations, and the need to test all Output for accuracy and appropriateness for Customer’s use cases; and that all Healthcare Workforce are duly trained and qualified individuals who maintain licenses, certifications, or other authorizations required to perform healthcare activities.
    • 12.3 Notwithstanding any other terms in the Terms of Service, including these AI Terms, and without limiting any disclaimers therein, the Net2Phone AI Features and Content are not intended to substitute for the function or services of properly trained and licensed individuals, including without limitation physicians or other clinicians, billing, coding, or claims personnel, or clinical researchers. Net2Phone is not responsible or liable for any advice, course of treatment, diagnosis, or any other information or services that any patient or other individual may obtain or receive; billing, coding, or claims activities conducted by Customer or its own customers; or for the accuracy, completeness, or suitability of any data or information used in any healthcare activities, including treatment, payment, clinical research or other activities conducted by Customer or its own customers. The Net2Phone AI Features and Output are not intended to be used in a manner that constitutes a medical device, or used as medical advice in any way.
    • 12.4 Customer represents and warrants that any permissions, authorizations (including authorizations under 45 C.F.R. § 164.508) or consents that may be required for the Net2Phone AI Features to be used in connection with Protected Health Information or healthcare services, have been obtained and reasonably documented.