1.Overview
This Artificial Intelligence schedule (the "AI Terms") forms part of and is incorporated into the BambooHR Terms of Service. These AI Terms apply to the customer's access to and use of any BambooHR AI feature or functionality. Any capitalised terms used but not defined in these AI Terms have the same meaning as the same or substantially equivalent term in the BambooHR Terms of Service.
These AI Terms apply whenever you access or use any feature or functionality made available by BambooHR that utilises artificial intelligence, whether or not that feature is labelled as "BambooHR AI". Your continued use of any such feature following the posting of any changes to these AI Terms constitutes your acceptance of the updated terms.
2.Definitions
"AI Providers" means OpenAI and Cohere, as described in the BambooHR sub-contractor list. These providers supply the underlying AI models and APIs that power certain BambooHR AI features.
"BambooHR AI" means any feature or functionality made available by BambooHR that utilises artificial intelligence trained by machine learning using BambooHR and/or third-party data models, which may be labelled or otherwise described as BambooHR AI. BambooHR AI is covered by the BambooHR Terms of Service and is deemed to be part of the Service.
"Data" means information provided, inputted, or uploaded to your databases in the BambooHR Service by you or on your behalf, as described in the Customer Terms of Service.
"Input" means questions or information, which may include Data, submitted by the customer to BambooHR AI for processing.
"Output" means responses generated by BambooHR AI and presented back to the customer as a result of using BambooHR AI based on Input provided by the customer. Output may or may not contain Data or other questions asked to BambooHR AI as Input.
3.Customer Data, Inputs, and AI Output
When the customer uses BambooHR AI, Output shall be customer Data. The customer is solely responsible for the development, content, operation, maintenance, use, and dissemination of its Inputs and Data. The customer shall ensure that neither customer Data nor the customer's use of BambooHR AI or any Output will: (i) violate any applicable law; (ii) violate these AI Terms, the BambooHR Terms of Service, or any content and use policy; (iii) violate any third-party rights, including intellectual property rights and privacy rights; or (iv) be used in any manner that BambooHR, in its sole discretion, considers harmful to the Services or to BambooHR.
By using BambooHR AI, the customer represents and warrants that it has the right to submit any Data or Input to BambooHR AI for processing, that such submission complies with all applicable laws and third-party rights, and that the customer will not use BambooHR AI or any Output for any unlawful purpose.
4.Participation and Termination
The customer's use of BambooHR AI and/or its participation in a BambooHR AI Beta Programme is optional. At its sole discretion, BambooHR may modify or replace any of these AI Terms in accordance with the modification provisions of the BambooHR Terms of Service. BambooHR may change, suspend, or discontinue any BambooHR AI feature at any time.
The customer's continued use of BambooHR AI following the posting of any changes to the AI Terms constitutes the customer's binding acceptance of such changes. If the customer does not agree to the updated AI Terms, the customer must discontinue its use of BambooHR AI.
5.Risks and Limitations
Artificial intelligence and machine learning technologies have both known and unknown risks and limitations. BambooHR AI may produce inaccurate, incomplete, or outdated Output. Output should not be relied upon as the sole basis for any employment, HR, or business decision without independent human review and verification.
The customer acknowledges that it is solely responsible for: (i) developing its own internal policies regarding the appropriate use of these technologies and training other users on its account on such policies; (ii) providing transparency and explainability notices and obtaining all necessary consents required by applicable laws; and (iii) implementing sufficient processes and controls to ensure that Output is reviewed and validated before being used in any decision-making context, including any decision with a legal or similarly significant effect on a data subject.
6.BambooHR AI Use Restrictions
The customer shall not provide Input or attempt to generate BambooHR AI Output through BambooHR AI that consists of any sensitive or regulated information, including but not limited to: (i) Protected Health Information as defined by HIPAA or similar statutes, or health, genetic, or biometric record data in general; (ii) government-issued identification numbers of any kind; or (iii) personal financial or bank account information.
The customer may not use BambooHR AI: (a) in any manner that violates applicable law, including laws relating to discrimination, privacy, or consumer protection; (b) to generate Output that is defamatory, harassing, threatening, obscene, or otherwise objectionable; (c) to develop or train a competing AI model or service; (d) to attempt to circumvent or reverse-engineer the AI models underlying BambooHR AI; or (e) in any manner that violates the usage policies of the AI Providers.
7.Intellectual Property
As between the parties, BambooHR owns all right, title, and interest in and to BambooHR AI and any resulting Performance Data, including all intellectual property and proprietary rights therein. Notwithstanding anything else to the contrary in these AI Terms, except for the rights expressly provided herein, no other rights or permissions to BambooHR AI are granted.
The customer retains all right, title, and interest in and to its Data and Input. The customer grants BambooHR a limited, non-exclusive, royalty-free licence to process the customer's Data and Input solely to the extent necessary to provide BambooHR AI to the customer in accordance with these AI Terms and the BambooHR Terms of Service.
8.Warranty Disclaimer and Indemnification
BambooHR AI is provided "as is" and BambooHR does not make any warranty as to BambooHR AI Output or the results that may be obtained from the use of BambooHR AI or the accuracy of any other information obtained through BambooHR AI. BambooHR disclaims all warranties including, without limitation, warranties of merchantability, non-infringement, and fitness for a particular purpose.
The customer understands and agrees that BambooHR does not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any Output. The customer is solely responsible for its use of any Output, including any use of Output as input to any employment or other decision. To the fullest extent permitted by applicable law, BambooHR shall not be liable for any loss or damage arising from the customer's reliance on any Output.
The customer shall indemnify, defend, and hold harmless BambooHR and its affiliates, officers, directors, agents, and employees from and against any third-party claims, liabilities, damages, costs, and expenses (including reasonable legal fees) arising from: (a) the customer's use of BambooHR AI in violation of these AI Terms or applicable law; (b) any inaccuracy or misuse of Output by the customer; or (c) any claim that the customer's Input infringes the intellectual property rights or privacy rights of any third party.
9.Improving BambooHR AI
BambooHR may use Performance Data and Feedback collected from the customer's use of BambooHR AI to further develop and improve BambooHR AI or as otherwise permitted under the BambooHR Terms of Service.
To the extent that BambooHR uses customer Data, Input, and Output to fine-tune and train the machine learning methods and data models used to provide BambooHR AI features, it will do so only to provide those BambooHR AI features to you ("Customer-Specific Training"). BambooHR will not use your Data, Input, or Output to train general-purpose AI models that are made available to other BambooHR customers unless the relevant data has first been anonymised and aggregated such that it cannot reasonably be used to identify you or your employees.
10.Privacy
BambooHR's Privacy document is hereby incorporated by reference and applies to these AI Terms. All personal data processed in connection with BambooHR AI is subject to the applicable data protection obligations set out in the BambooHR Privacy document and Data Processing Agreement.
To the extent customer Data provided as Input to BambooHR AI contains personal data (as that term is used or similarly defined in the BambooHR Data Processing Agreement), the customer instructs BambooHR to process the personal data for the additional purpose of providing BambooHR AI functionality and BambooHR AI Output. The customer acknowledges that, for the purposes of the customer's instructions relating to BambooHR AI, the AI Providers act as sub-processors in accordance with the BambooHR Data Processing Agreement.
11.AI Provider Policies
BambooHR uses technology provided by its AI Providers to provide certain features and functionality of BambooHR AI. The current AI Providers are OpenAI and Cohere. The customer may not use BambooHR AI in a manner that violates any AI Provider policies, including OpenAI's Usage Policies, Sharing and Publication Policy, and Usage Guidelines, as each may be updated from time to time.
BambooHR is not responsible for the acts or omissions of the AI Providers. The AI Providers' terms of service and privacy policies apply to the underlying model and API services they supply. BambooHR will notify customers of any material changes to the AI Providers engaged to deliver BambooHR AI features in accordance with its sub-processor notification obligations.
12.General
These AI Terms, together with the BambooHR Terms of Service, constitute the entire agreement between the parties with respect to the subject matter of these AI Terms and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning their subject matter.
Except for BambooHR exercising its right to unilaterally modify or replace these AI Terms as described above, and the customer's acceptance of such modified or replaced AI Terms through the customer's continued use of BambooHR AI, no amendment to these AI Terms is effective unless it is in writing and signed by authorised representatives of both parties.
If any provision of these AI Terms is held invalid or unenforceable, the remaining provisions shall continue in full force and effect. BambooHR's failure to enforce any provision of these AI Terms shall not constitute a waiver of that provision.
