H5P AI Services Terms

These terms, together with the existing executed Agreement between the Parties (the “Agreement”), governs terms and conditions between Customer and H5P relating to the H5P AI Services (as defined below).

Notwithstanding anything to the contrary in the Agreement between H5P and Customer, the following terms apply to Customer’s use of all functionalities that can make predictions, recommendations, decisions, generate text, images, or other media through the use of artificial intelligence models (“H5P AI Services”). These terms shall prevail over any conflicting terms set out in the Agreement with respect to H5P AI Services.

Use Limitations

  1. If H5P has a reasonable basis to believe that Customer’s use of H5P AI Services, or Customer data submitted to H5P AI Services (“Customer Input”), is inconsistent with the terms of this Agreement, H5P may limit, restrict, or terminate a Customer’s access to or use of H5P AI Services. Notwithstanding the foregoing, Customer understands and agrees that H5P is under no obligation to monitor Customer’s use of the H5P  AI Service or the Customer Input.
  2. H5P prohibits the use of H5P AI Services for generating any text, images, or other media (“Output Content”) that inflicts harm on individuals or society. Customer may not use the H5P  AI Service for any illegal or harmful activity.
  3. Customer shall not represent that the Output Content was human generated when it was not.
  4. Customer shall use commercially reasonable efforts to remove and/or depersonalize any personal information included or incorporated into Customer Input. Customer shall not include or incorporate personal information of any child under the age of 13 years old in Customer Input.
  5. Customer understands and acknowledges that generative artificial intelligences models may produce text, images, and other media that is inappropriate and/or inaccurate. Customer agrees that it will use all reasonable means to validate all Output Content for accuracy and appropriateness.
  6. Customer warrants that it has sufficient rights in the Customer Input to submit it to the H5P AI Services AI Service and that such Customer Input does not infringe, misappropriate or violate a third-party’s intellectual property. To this end, to the extent permitted by applicable law, Customer agrees to indemnify and hold H5P harmless against any third-party claim related to Customer’s use of the H5P AI Services, including claims of infringement related to Customer Input submitted to or Output Content generated from the H5P AI Services.
  7. Customer may not use the H5P AI Services to decompile, disassemble, modify the source code of, or reverse engineer the underlying generative artificial intelligence model(s), including exfiltrating the weights of such model(s). Customer may not use the H5P AI Services for web scraping, web harvesting, or similar methods designed to extract data from the H5P AI Services AI Service.
  8. Customer acknowledges and agrees that Customer Input (and its associated Output Content) may be processed and/or stored outside of Customer’s hosting jurisdiction country by H5P and/or its suppliers.

Intellectual Property

  1. Customer owns all Customer Input. H5P will not use Customer Input to train, retrain the underlying generative artificial intelligence models.
  2. H5P does not own Output Content. To the extent H5P owns Output Content, H5P grants all its right, title, and interest in and to the Output Content to Customer. Notwithstanding the foregoing, Customer understands and acknowledges that Output Content from H5P AI Services may not be unique. Therefore, Customer’s rights in Output Content (including ownership thereof) may not be enforceable against third parties.
  3. Customer understands and agrees that H5P and/or its third-party suppliers (who are under obligations of confidentiality with H5P) may temporarily store Customer Input submitted to the H5P AI Services AI Service, or its Output, for debugging and to monitor for and prevent abusive or harmful uses or outputs of the services.

Warranties

  1. Customer understands that the H5P AI Service is provided “AS IS” WITHOUT WARRANTY OF ANY KIND.  THE ENTIRE RISK, INCLUDING DIRECT AND INDIRECT DAMAGES, ARISING OUT OF THE USE OR PERFORMANCE OF THE PRODUCT REMAINS WITH CUSTOMER.  IN NO EVENT SHALL H5P BE LIABLE FOR ANY DIRECT CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE PRODUCT, EVEN IF H5P HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

  1. H5P may terminate Customer’s access to the H5P AI Service at any time by providing Customer 30 days written notice. If H5P terminates Customer’s access to the H5P AI Service as set out in this section, H5P shall remit to Customer a prorated (to the date of termination) reimbursement of any pre-paid fees for such H5P AI Service.

Fees

  1. H5P AI Services Offered at No Additional Cost
    • Customer shall have reasonable, but not excessive use, of any H5P AI Services that may be made generally available to H5P Customers at no additional charge (e.g., as part of a trial or pilot offering). H5P reserves the right, at its sole discretion, to determine what constitutes reasonable use and may limit Customer’s access to the AI Services, if Customer is excessive in its usage.
  2. Paid Offerings of the H5P AI Services
    • For paid features of the H5P AI Services, Customer shall be entitled to the number of AI Imports as set out in the Agreement. If Customer exceeds its number of AI Imports during a contract year, H5P may limit or suspend Customer’s use of the H5P AI Services.

Any obligations which by their nature are intended to survive under these terms, shall survive termination or expiration of these terms or the Agreement. Except as set out in these terms, all other terms of the Agreement remain in full force and effect.

Published: Jan 9, 2025