Gemma - Terms of Use

Welcome to Gemma! Ceros’ AI powered creative sidekick. 

Quick Overview:

The Terms and Conditions included on this page (“Gemma Terms”) are in addition to any terms and conditions and/or Agreement that governs your use of the Ceros Platform and any Subscription Services purchased through Ceros. Gemma Terms will only apply if you choose to interact with Gemma.

Content generated by Gemma is free to use, for commercial and non-commercial purposes, without permission or attribution, so long as:

• It is not used for any unlawful, defamatory, or malicious purpose. 
• It is not used to create a similar or competing service.
• It does not include: (i) Trademarks, logos, or brands that appear in images, or (ii) Use works of art or authorship that appear in images. If you download content with any of these depicted in them, you may need the permission of the brand owner of the brand or work of authorship or individual depending on how you use the image.

Gemma utilizes developing AI technology, and it is important for you to check AI-generated content for accuracy and to follow the applicable terms and conditions and your Agreement with Ceros when utilizing generated content. You are responsible for all content that you use. You may choose to include information personal to you (“Personal Information) in your interactions with Gemma, like your name and job title; all data collected by Ceros as a result of your interactions with Gemma will be done so in accordance with our Privacy Policy and will be shared with OpenAI (Sub-processors). Ceros will also record and retain your conversation history with Gemma in order to improve your experience. 

To ensure a positive experience for all our customers, you agree to abide by any fair use policy which we may apply. If we feel, in our reasonable discretion, that your use of Gemma materially exceeds reasonable usage or is negatively affecting the service, we may regulate your access to the tool.

If you do not wish to have any additional data collected by Ceros, do not interact with Gemma. If you have any questions or concerns about Gemma reach out to your Customer Success Manager and/or legal@ceros.com. 

Terms Conditions

These Gemma Terms constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “Customer”) and Ceros (“we,” “us” or “our”) concerning your access to and use of Gemma. If you choose to interact with Gemma, these Gemma Terms shall be incorporated into your Agreement with Ceros governing your use of the Ceros Platform and Subscription Services (the “Subscription Agreement”). Any capitalized terms not defined herein shall retain the definitions provided in your Subscription Agreement.

Ceros may update these Terms from time to time. In the event the updates are considered material, Ceros shall provide no less than thirty (30) days’ prior notice to you of the upcoming change(s). The most current version of this Agreement will supersede all previous versions.

1. Privacy Notice. By interacting with Gemma you agree to disclose certain information to Ceros, and if applicable to our Sub-processors. All data collected by Ceros as a result of your interaction with Gemma will be done so in accordance with our Privacy Policy. 

2. Content.

2.1. By interacting with Gemma you will provide inputs to us and receive an output generated and returned to you by Gemma based on your input (collectively referred to as “Content”). You can use Content for any purpose, including commercial purposes such as sale or publication, if you comply with the Gemma Terms, and specifically the conditions included in Section 4. Limitations. Ceros may use Content in order to provide and maintain Gemma, including the storing of conversations to improve your experience with the tool. For the avoidance doubt, you are responsible for Content, including for ensuring that it does not violate any applicable law or the Gemma Terms.

2.2. Output may not be unique across Users and Gemma may generate the same or similar output for you as well as another customer. Other Users may also ask similar questions and receive the same response. Responses that are requested by and generated for other Users are not considered your Content.

3. Ownership. Subject to the terms and conditions of the Agreement, as between the parties and to the extent permitted by applicable law, you own all inputs to Gemma. Ceros may use Content to provide, maintain, develop, and improve Gemma, comply with applicable law, and enforce our terms and policies. Ceros retains all ownership rights to Gemma and the services provided under the Agreement.

4. Limitations. You may not use Content for any unlawful, defamatory, or malicious purpose. This does not include the right to:

• Use trademarks, logos, or brands that appear in Content,
• Use people’s images if they are recognizable in Content,
• Use works of art or authorship that appear in Content, or
• Compile Content from Gemma to replicate a similar or competing service.

If you use Content with any of these depicted in them, you may need the permission of the brand owner of the brand or work of authorship or individual depending on how you use the Content.

5. Copyright. You acknowledge that Content generated by artificial intelligence does not have a specific human creator. 

6. Indemnification. In addition to any Indemnification obligations under the Agreement, you agree to indemnify and hold Ceros harmless from and against any claims, damages, liabilities, costs, and expenses arising out of or in connection with your use of Gemma, including your Content, products or services you develop or offer in connection with Gemma, and your breach of the Gemma Terms or violation of applicable law.

7. Disclaimer. GEMMA IS PROVIDED “AS IS.” EXCEPT TO THE EXTENT PROHIBITED BY LAW, WE AND OUR AFFILIATES AND LICENSORS MAKE NO WARRANTIES (EXPRESS, IMPLIED, STATUTORY OR OTHERWISE) WITH RESPECT TO GEMMA, AND DISCLAIM ALL WARRANTIES INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, NON-INFRINGEMENT, AND QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE OR ERROR FREE.