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Simana AI Terms

Please read carefully these Simana AI Terms, and don’t use or enable Simana AI if you don’t agree to be bound by these Simana AI Terms.

These Simana AI Terms form part of the Simana Customer Terms of Service or other existing customer agreement between Simana and Customer applicable to use of the Simana Service (the “Agreement”) and apply only to the extent Customer uses the applicable feature, service or product, or exercises the rights, identified below.

Simana AI. Simana AI is a set of services that include features, applications, bots, agents and other functionalities based on artificial intelligence and machine learning data models (“Simana AI”).

Pursuant to the terms below, Simana grants Customer a non-exclusive, non-transferable, limited right to access and use Simana AI in accordance with the Agreement.

1. General

All capitalised terms not defined in these Simana AI Terms have the meanings given to them in the Agreement. In the event of any conflict between these Simana AI Terms and the Agreement, these Simana AI Terms control.

2. Ownership

“Input” means any prompt, data, text, or other similar content Customer or any End User submits to the Service to be processed by Simana AI; and “Output” means any data, text or similar content generated by Simana AI and returned to Customer or an End User, as applicable, based on Input. Customer Data includes Input and Output. As between the parties and to the extent permitted by applicable law, Customer retains all right, title, and interest in Input and Output. Simana retains all right, title, and interest in Simana AI (including improvements and enhancements to Simana AI, along with new products and features).

3. AI Limitations; Disclaimer

Simana AI uses AI/ML, which generates predictions based on patterns in data. Customer acknowledges the probabilistic nature of AI/ML, and Customer is responsible for evaluating Simana AI and Output for accuracy and suitability for Customer’s use case(s), including, without limitation, by testing, obtaining any relevant approval(s), and employing appropriate human oversight. Output is provided for informational purposes only and does not constitute medical, clinical, or other professional advice. Customer is solely responsible for any decisions, actions, or omissions taken based on Output. To the maximum extent permitted under the Agreement, Simana makes no warranty regarding the accuracy, completeness, or reliability of the Output and disclaims liability for Customer’s use of Output or any omissions or errors therein. Simana does not guarantee that Output will be explainable or interpretable.

4. Obligations

Neither Customer nor its End Users may represent that Output was human-generated. Customer will use Simana AI consistent with any restrictions and obligations applicable to its use of the Service as set forth in the Agreement. Customer will not use Simana AI to generate or rely on Output for clinical, diagnostic, or other high-risk decisions without appropriate qualified human review, or in any way that violates applicable law, regulation, or professional standards. Customer will not submit sensitive personal data (including patient-identifiable data) to Simana AI unless expressly permitted under the Agreement. Simana AI may incorporate services provided by third-party AI providers, and Customer’s use of Simana AI will comply with the applicable third-party AI partner terms and policies available here, which are incorporated herein by reference. Simana is not responsible for the acts or omissions of such third-party providers, except as required under the Agreement.

5. Improving Simana AI

Customer’s use of Simana AI does not grant Simana any right or license to use or share Customer Data in a manner that is inconsistent with the Agreement, unless otherwise agreed by Customer. For purposes of clarity, Simana does not use or permit third-party AI partners to use Customer Data to train generative artificial intelligence models used to provide Simana AI. Processing of Input and Output forms part of the Service and is subject to the data protection provisions of the Agreement.

6. Responsibility for Agents

You are solely responsible for any Agents you create or use, including their outputs and actions, whether created by you or based on existing templates. Agents may generate inaccurate, incomplete, or inappropriate outputs or behaviours. Reliance on Agents is at your sole risk, and we make no representations or warranties regarding the accuracy, appropriateness, or suitability of Agents for your purposes.

7. Availability and Costs

Some Simana AI features may be enabled by default as part of your Subscription, and some Simana AI features may be subject to additional fees. Simana may modify, update, or discontinue Simana AI features from time to time.