This AI Features Addendum ("Addendum") is entered into by and between Lana Commerce, Inc. ("Lana," "we," "us," or "our") and the merchant, individual, or entity that has accepted Lana's Terms of Service ("Merchant," "you," or "your").
This Addendum supplements and forms part of the Lana Terms of Service (the "ToS"). It governs your access to and use of any features or tools made available by Lana that utilize artificial intelligence or similar technologies ("AI Features").
By using the AI Features, you agree to the terms of this Addendum. In the event of a direct conflict between this Addendum and the ToS, the terms of this Addendum shall prevail with respect to the AI Features.
1. Definitions
- "Input" means any data, text, images, prompts, or other content that you provide, upload, or submit to the AI Features.
- "Output" means any text, images, data, or other content generated by the AI Features in response to your Input.
2. Ownership and Rights
- 2.1. Your Input. You retain all ownership rights, title, and interest in and to your Input. You represent and warrant that you have all necessary rights, licenses, and permissions to provide the Input to the AI Features and to grant the rights specified in this Addendum.
- 2.2. Your Output. You retain all ownership rights, title, and interest in and to the Output generated from your use of the AI Features.
- 2.3. Lana's Rights to Use Input and Output. You grant Lana Commerce, Inc. and its affiliates a worldwide, non-exclusive, royalty-free, perpetual, and irrevocable license to use, process, store, display, and create derivative works from your Input and Output for the purposes of:
- (a) providing, maintaining, and improving the AI Features and other Lana services;
- (b) training and developing our artificial intelligence models; and
- (c) developing new products and features. This license allows us to use your Input and Output without attribution or payment to you.
3. Acceptable Use Policy
Your use of the AI Features is subject to the prohibitions outlined in Lana's main Acceptable Use Policy. In addition, you are strictly prohibited from using the AI Features to generate, upload, or distribute content that:
- Is illegal, fraudulent, deceptive, or harmful;
- Constitutes hate speech, or is harassing, threatening, or abusive;
- Infringes upon or violates any third party's rights, including but not limited to intellectual property, privacy, or publicity rights;
- Is intended to spread misinformation, disinformation, or propaganda;
- Is sexually explicit or pornographic;
- Contains or is intended to generate malicious code, viruses, or malware.
4. Disclaimers and Your Responsibilities
- 4.1. AI Features Provided "As-Is". THE AI FEATURES ARE PROVIDED "AS-IS" AND "AS-AVAILABLE." LANA COMMERCE, INC. MAKES NO WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE AI FEATURES. YOU ACKNOWLEDGE THAT THE OUTPUT MAY BE INACCURATE, INCOMPLETE, BIASED, OR OFFENSIVE.
- 4.2. Output May Not Be Unique. Due to the nature of artificial intelligence, the Output may not be unique. The AI Features may generate the same or similar Output for other users. You do not have any exclusive rights to the Output.
- 4.3. Your Responsibility. You are solely responsible for your Input and your use of the Output. You must independently review and verify all Output for accuracy and appropriateness before any use, publication, or distribution.
5. Limitation of Liability
LANA COMMERCE, INC. SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR USE OF OR INABILITY TO USE THE AI FEATURES OR YOUR RELIANCE ON ANY OUTPUT.
6. Modification, Suspension, and Termination
Lana Commerce, Inc. reserves the right, in its sole discretion, to modify, suspend, or discontinue the AI Features, or your access to them, in whole or in part, at any time and for any reason, without prior notice or liability to you. This includes the right to immediately suspend or terminate access to prevent harm, address security risks, or respond to any violation of this Addendum.