Supplemental Terms

Supplemental Terms 

Honeycomb Intelligence

Honeycomb offers a suite of artificial intelligence (“AI”) features and functionality, collectively referred to as “Honeycomb Intelligence”. These Honeycomb Intelligence Supplemental Terms (the “Honeycomb Intelligence Terms”), together with Honeycomb’s Terms of Service or, if Customer is an Organization, a separate MSA or similar other agreement entered into between Honeycomb and the applicable Customer (as applicable, the “Agreement”), govern Customer’s use of Honeycomb Intelligence. To the extent of any conflict between the applicable Agreement and these Honeycomb Intelligence Terms, these Honeycomb Intelligence Terms shall control, but solely with respect to Honeycomb Intelligence. All capitalized terms not defined herein shall have the meaning attributed to them in Agreement.  

  1. General. If Honeycomb Intelligence is enabled, Honeycomb Intelligence is included in the definition of “Service” as set out in the Agreement (or any similar term used to describe Honeycomb’s platform that may be used therein) and the terms and conditions in such Agreement shall apply to Customer’s use of Honeycomb Intelligence, except as amended by these Honeycomb Intelligence Terms.
  2. Optional Feature. Customer acknowledges that Honeycomb Intelligence is an optional feature of the Service, is not required in order to use the other features of the Service, and that Customer is free to stop using and disable Honeycomb Intelligence at any time. For more information about Customer’s options with respect to use of Honeycomb Intelligence and how they may be exercised, please refer to Honeycomb’s AI Notice.
  3. Updates. Honeycomb may modify, update, or terminate some or all of the features of Honeycomb Intelligence at any time without any liability to Customer. Honeycomb will use commercially reasonable efforts to provide notice of any such changes. 
  4. Input and Output. When enabled, Honeycomb Intelligence will process the input submitted by Customer ‘s Users (“Input”) to create and deliver to the applicable User the results generated by such processing (“Output”). Certain features of Honeycomb Intelligence may also process other data submitted to the Service by Customer and/or its Users to improve the nature of the Output returned by Honeycomb Intelligence, which data shall also be considered “Input.” Input and Output are Customer Data (or such other term as may be used in the Agreement to refer to data controlled by Customer). Honeycomb assigns to Customer all our right, title, and interest (if any) in and to Output.  Customer grants Honeycomb a worldwide, fully paid-up, royalty-free, and non-exclusive license to use, reproduce, adapt, modify, host, maintain, compile, translate, share and distribute such Input and Output for the purpose of providing Honeycomb Intelligence to Customer, creating and improving Honeycomb Intelligence features, and collecting and using aggregated, anonymized usage and performance statistics to measure the performance of Honeycomb Intelligence (“Service Analyses”). 
  5. Customer Responsibilities. Customer is responsible for all Input and represents and warrants that Customer has all rights, licenses, and permissions required to authorize Honeycomb to process the Input in accordance with the Agreement and these Honeycomb Intelligence Terms. AI and machine learning technologies have known and unknown risks and limitations. Customer acknowledges and agrees that Customer is solely responsible for developing its own policies regarding the use of any such technologies. If Honeycomb Intelligence is enabled, Customer acknowledges and agrees that: (i) Honeycomb is not responsible for any inaccuracies, incompleteness, or errors in Output, (ii) Honeycomb is not responsible for any biases or limitations of the underlying algorithms or data, and (iii) Honeycomb is not responsible for any Output that Customer or any individual may find harmful, offensive, or otherwise unsuitable for its intended use.  Customer is solely responsible for all use of Outputs and evaluating such Outputs for accuracy and appropriateness for Customer’s use case. Customer acknowledges that Output may not be unique and that Honeycomb Intelligence may generate the same or similar Output for any number of users.
  6. Privacy. If Customer or its Users use Honeycomb Intelligence to process Personal Information (or such other similar term as may be used in the Agreement), our Data Processing Agreement (or such other DPA as may have been entered into between Honeycomb and the applicable Customer in connection with the Agreement) will apply to any such processing. Customer’s obligations in the “Privacy and Processing of Personal Information” of our Terms of Service will apply to any such Personal Information processed via Honeycomb Intelligence. Honeycomb uses the third parties listed in its Subprocessor List to process Personal Information as necessary to provide Honeycomb Intelligence, including, without limitation, the AI model providers set forth therein (“AI Providers”). We may use additional third parties to provide other Honeycomb Intelligence features in the future and will update our Subprocessor List accordingly. Notwithstanding the foregoing or anything in the DPA or the Agreement to the contrary, Customer agrees not to use Honeycomb Intelligence to create, receive, maintain, transmit, or otherwise process any sensitive personal data or any personal data that is subject to heightened regulatory requirements, including, without limitation, any data that constitutes “Protected Health Information”, as defined under the HIPAA Privacy Rule (45 C.F.R. Section 160.103) and any “special categories of data”, as defined under the General Regulation on Data Protection 2016/679. 
  7. Third-Party Materials. Customer acknowledges and agrees that AI models provided by the AI Providers and used to provide any features of Honeycomb Intelligence shall be deemed “Third-Party Materials” (as defined in the Terms of Service). Honeycomb has no responsibility or liability with respect to Customer’s access to or use of Third-Party Materials. 
  8. Restrictions. Customer will not use Honeycomb Intelligence: (i) in a manner that violates any applicable law; (ii) in a manner that infringes, misappropriates, or otherwise violates any third party’s rights; (iii) to reverse assemble, reverse compile, decompile, translate, engage in model extraction or stealing attacks, or otherwise attempt to discover the source code or underlying components of Honeycomb Intelligence (except to the extent these restrictions are contrary to applicable law); (iv) use Output to develop any artificial intelligence models that compete with Honeycomb Intelligence; (v) use any method to extract data from Honeycomb Intelligence other than as permitted by the applicable features therein; or (vi) otherwise in any manner that violates the Terms of Service.
  9. Intellectual Property. As between the parties, Honeycomb owns all right, title, and interest in and to Honeycomb Intelligence and any resulting Service Analyses from use thereof
  10. Indemnification. Customer agrees to defend, indemnify, and hold Honeycomb and our subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners harmless from and against any third party claim arising from or in any way related to use of Honeycomb Intelligence in violation of these Honeycomb Intelligence Term or the Agreement, or any Input submitted by Customer or its Users, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys’ fees, of every kind and nature. We will provide Customer with written notice of such claim, suit or action. We may also assume control of the defense or settlement of a claim subject to indemnification hereunder at any time upon notice to Customer.
  11. Disclaimer; Limitation of Liability. CUSTOMER ACKNOWLEDGES AND AGREES THAT HONEYCOMB INTELLIGENCE IS PROVIDED “AS-IS” FOR USE AT CUSTOMER’S SOLE RISK.HONEYCOMB AND OUR AFFILIATES AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO HONEYCOMB INTELLIGENCE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND TITLE, NONINFRINGEMENT, OR QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR TRADE USAGE. CUSTOMER SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING THEIR ACCURACY. NO INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY CUSTOMER FROM HONEYCOMB OR THROUGH HONEYCOMB INTELLIGENCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

HONEYCOMB SHALL HAVE NO LIABILITY FOR ANY USE OF HONEYCOMB INTELLIGENCE, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH ANY SUCH USE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE.