Leapsome GmbH, Brunnenstraße 153, 10115 Berlin, Germany (“Leapsome”, “We” or “Us”) provides a cloud-based software platform for people enablement (“Software”) to you (“You”) on the basis of Leapsome’s Terms of Service available at https://www.leapsome.com (the “Agreement”). Leapsome offers to You different artificial intelligence-enabled features and functionality within the Software that may be powered by third-party data models, including those trained by machine learning, large language models, and other artificial intelligence techniques (“Leapsome AI”). If You choose to use Leapsome AI, You agree that the following terms (“AI Terms”) supplement and form a part of the Agreement and shall apply to and govern Your access and use of Leapsome AI. Unless otherwise defined, all capitalized terms used herein shall have the same meaning as in the Agreement.
1. AI Content
1.1 Input and Output. You or Authorized Users may provide input to be processed by Leapsome AI (“Input”) and receive output generated and returned by Leapsome AI based on the Input (“Output”, together with Input, “AI Content”).
1.2 Customer Data. AI Content is Customer Data within the meaning of the Agreement. You acknowledge that AI Content may not be unique and that other users providing similar Input to Leapsome AI may receive similar or even identical Output. Such Output is not Your Customer Data.
1.3 Right to use. You grant us the right to use Inputs and Outputs as well as other Customer Data submitted to Leapsome AI to provide Leapsome AI to You. This includes the use of third parties by us in accordance with section 5 (Data Privacy) below.
1.4 IP rights. You agree that, as between You and Us, We own all legal rights, title and interest in and to Leapsome AI, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of Leapsome AI is granted.
2. Our commitment
2.1 Your data is safe. We do not and will not permit third parties to use Your AI Content or any other Customer Data to improve or train AI models. We do not and will not use Your AI Content or any other Customer Data to improve or train Our models unless You give Us express permission to do so.
2.2 Feedback. You permit that We use AI Content as necessary to provide and maintain Leapsome AI and comply with applicable law. This may also include limited access by selected Leapsome personnel to data we collect from Your use of Leapsome AI, e.g., when You voluntarily provide feedback to Us such as by labeling Output with a thumbs up or thumbs down or by any other submission of ideas, suggestions, comments, questions, or other feedback relating to Leapsome AI (“Feedback”). Without restricting our commitment in Section 2.1, We may utilize Feedback as a basis to improve Our models, without any obligation, royalty, or restriction based on intellectual property rights or otherwise and always provided that such data does not reveal any information that is personally identifiable.
2.3 Availability. We shall make Leapsome AI available to You in accordance with Your Agreement or any other Service Level Agreement. However, downtime of Leapsome AI that results from a failure of a third-party service will not be included in the respective availability and downtime calculations.
3. Your responsibilities and restrictions
3.1 Leapsome AI usage. You will ensure that AI Content and the use of Leapsome AI in general will not (i) violate any applicable law; (ii) violate the AI Terms or the Agreement; or (iii) infringe, violate, or misappropriate any of Our rights or the rights of any third party. You are solely responsible for the development, content, operation, maintenance, and use of your AI Content and Customer Data and may not mislead anyone that Output is human-generated.
3.2 Fair use. To ensure the fair and optimal use of Leapsome AI, You may only utilize Leapsome AI to an appropriate extent. Excessive or unreasonable use that negatively impacts the performance or availability of Leapsome AI for other users is prohibited. You and Your Authorized Users shall refrain from making a disproportionately high number of requests or engaging in automated querying that exceeds the normal operational capacity of Leapsome AI. We reserve all rights to monitor usage and impose limits or restrictions to maintain service quality and availability.
3.3 Verification of accuracy. Due to the nature of AI content, Outputs may contain inaccuracies, incomplete or outdated information. Therefore, You and Your Authorized Users may not rely on any Outputs without independently evaluating their accuracy and appropriateness of use.
3.4 Use restrictions. You may not use Leapsome AI (i) to develop foundation models or other models that compete with Leapsome AI, (ii) to mislead any person that Output from the Services was solely human-generated, (iii) use Leapsome AI in a manner that violates any applicable laws, or infringes, violates, or misappropriates any of Our rights or the rights of any third party.
3.5 Third-party policies. Leapsome uses technology provided by OpenAI, LLC (“OpenAI”). You may not use Leapsome AI in a manner that violates any OpenAI policies, including OpenAI’s Sharing and Publication Policy and Community Guidelines.
3.6 Suspension and termination. We reserve the right to modify Leapsome AI or Your use of Leapsome AI. You may discontinue Your use of Leapsome AI at any time by disabling the Leapsome AI feature.
4. WARRANTY DISCLAIMER
YOU ACKNOWLEDGE THAT DUE TO THE NATURE OF THE TECHNOLOGY POWERING LEAPSOME AI, OUTPUT MAY BE PRONE TO “HALLUCINATIONS”, FALSE ANSWERS OR INFORMATION OR DOES NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYINGS FACTS OCCURING AFTER THE AI MODEL WAS TRAINED. LEAPSOME DOES NOT MAKE ANY WARRANTY AS TO AI CONTENT THAT MAY BE OBTAINED FROM THE USE OF LEAPSOME AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH LEAPSOME AI. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY LEAPSOME AI FEATURE IS DONE AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT-CHECKING THEIR ACCURACY. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH LEAPSOME AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
5. Data Privacy
To the extent Your Input contains personal data, You instruct Us and Our third-party providers to process such personal data for the purpose of providing Leapsome Al and Output to you as further laid down in Our Data Processing Agreement which can be found at https://www.leapsome.com/dpa. This Data Processing Agreement will govern all personal data processing activities.
6. Miscellaneous
6.1 Modifications. We may introduce new Leapsome AI features and functionality. When doing so, we may modify the AI Terms to incorporate such additional features and functionality. We will, to the extent required by applicable law, provide at least 30 days’ notice before the updated AI Terms go into effect.
6.2 Agreement. All other terms and conditions of the Agreement not expressly modified by these AI Terms shall remain in full force and effect.