Generative AI Additional Terms and Conditions

Effective March 14, 2025

Generative AI, including large language models, represents cutting-edge technology that continues to evolve in terms of accuracy, reliability, and safety. These IPRally (“IPRally”, “we”, “us”, “our”) Generative AI Additional Terms and Conditions (“Generative AI Terms”) shall apply if the Generative AI module is included in the subscription plan selected by the Customer (“Customer”, “you”) as stated in the Agreement between IPRally and the Customer or subsequently opted in by the Customer in the Service. 

These Generative AI Terms shall form an integral part of that Agreement, when applicable. Unless otherwise expressly provided herein, the capitalized terms shall have the meaning defined in the Agreement and the Terms of Service.

Summary

• We never send any User-generated content outside our own cloud environment, unless specifically approved by our customers for specific purposes.
• Modern Generative AI models offer high value in e.g. efficient patent review. We may use models hosted in our cloud environment, or, to speed up providing that value to you, selected and trusted External Services that host such models, to provide Generative AI functionalities. 
• We aim for full transparency and user control of the use of such features, and as high privacy, confidentiality and security of data as possible, as defined in our Terms of Service as well as in these Generative AI Terms.
• Specifically, we never use External Services that claim ownership of User-generated content or use User-generated content to train their machine learning models.
• While we aim to provide high-quality Generative AI functionalities, we make no warranty that their outputs will be correct or accurate, and we recommend checking the outputs from a primary source before using them.

Acknowledgment of AI Characteristics

By accessing or using our Service, you acknowledge and agree that:

• Evolution of Technology: Generative AI, including large language models, is an evolving technology. While we strive for accuracy and reliability, improvements in performance and safety are ongoing, and results may vary.
• No Guarantee of Accuracy: While we endeavor to provide accurate and reliable results, we do not guarantee the accuracy, completeness, or reliability of the content generated by our Service(s) and AI systems. Users should independently verify the information provided as needed.
• Safety Considerations: AI technologies, including generative AI, operate within specified parameters and may not always produce output that meets all safety standards or legal requirements. Users are responsible for reviewing and ensuring the safety and legality of any content generated using our Service(s).
• User Responsibility: Users acknowledge that they are solely responsible for the use of the content generated by our Service(s) and AI systems. This includes but is not limited to compliance with applicable laws, regulations, and ethical standards.
• Continuous Improvement: We are committed to continually improving our Service(s) and AI technologies to enhance accuracy, reliability, and safety. User feedback may be used to inform these improvements.

Generative AI functionalities 

Modern generative AI models offer high value in patent information-related tasks, such as efficient review, filtering, summarization and analysis of search results or patent portfolios, as well as other advanced functionalities. To deliver that value to our customers, we aim to use such models to offer such functionalities (“Generative AI functionalities”) as optional functionalities. 

By approving these Generative AI Terms, you (as the Customer) give the consent to enable Generative AI functionalities for the users of your organization and assure that you are in a position to do so. 

You can disable the Generative AI functionalities at any time.

The scope of Generative AI functionalities

Generative AI functionalities are always marked with a specific identifier, such as an icon. You will see the identifier always before you choose to use or enable for use such functionalities, or, as an Admin user of the Customer, enable such functionalities for multiple or all users.   

Current and planned Generative AI functionalities include:

• “Ask AI” and “Multi-patent Ask AI” features that can be used to ask questions about or give instructions for analyzing individual or multiple patents.
• “Smart Filters” feature that can filter patent data sets using Generative AI models based on the user’s instructions.
• “Image search” feature that analyses an image input to build a text query therefrom and makes an AI patent search using the query.
• Search input refinement that analyses text, image, sound or video input, or any combination thereof, and translates it into a different language and/or converts it into a format better suitable as a search query, Ask AI or Smart filter question, or summary, for example.

More Generative AI functionalities can be added by us, provided that they are marked with the identifier.

Use of External Services and In-Cloud Services

Generative AI models are large, and their hosting with meaningful service bandwidth can be expensive. While our long-term aim is to host all models and services within our own cloud environment, we may choose to use model hosting services that operate outside our own cloud environment (“External Services”) to offer Generative AI functionalities at reasonable cost and deployment speed. Some functionalities also require sending of specific User-generated content to External Services.

We may also host our own Generative AI models (“IPRally models”) or use models hosted within our cloud environment by our cloud service provider (“In-Cloud Services”). For the sake of clarity, these are not External Services. 

Our Terms of Service disallow sending User-generated content to External Services without the explicit consent of the Customer. These Generative AI Terms specify:

• The scope of Generative AI functionalities that may utilize User-generated content
• User-generated content External Services and In-Cloud Services may use
• External Services, In-Cloud Services and terms and liabilities applying thereto  

User-generated content External Services and In-Cloud Services may use

Generative AI functionalities work based on input prompts (“Prompts”), part of which may consist of the user's input forming part of User-generated content. User’s input may be sent to External Services or In-Cloud Services as part of Prompts. User’s input may include text input in a specific text field and/or input chosen by the user from predefined input alternatives.

We will never use previously stored Customer information or users’ personal information as part of Prompts. We will not use search queries, technology tags, comments, or parts thereof, or any other previously stored User-generated content as part of Prompts without the user specifically including that in his/her input, choosing to use or enable for use functionalities using such content, or, an Admin user of the Customer enabling functionalities using such content for multiple or all users..

Examples regarding the current Generative AI functionalities:

“Ask AI” feature: User-generated content includes only the questions that you enter to a question field or choose from predefined default questions. Example: User asks a question “What are the benefits of the invention?” about US patent 9,000,000. The content we may send to External Services or In-Cloud Services as part of the Prompt includes: 

• the question (“What are the benefits of the invention?”), 
• publicly available data (specification and bibliographic data) of US patent 9,000,000, and 
• our proprietary prompt, which includes no customer or user-specific information and no User-generated content.

Details of upcoming Generative AI functionalities can be added by us. 

External Services and In-Cloud Services and terms and liabilities applying thereto 

Our Service may integrate or utilize third-party Artificial Intelligence (AI) services provided by external entities, including but not limited to Anthropic, PBC, OpenAI, L.L.C., and Google, L.L.C. While we endeavor to select reputable providers, these third-party services operate independently, and we do not have control over their internal policies or practices.

By using our Service, you acknowledge and agree that:​

·         No Control Over Third-Party Policies: We do not control and are not responsible for the terms, data handling practices, or policies of third-party AI service providers. Your interactions with these services are subject to the respective provider's terms and conditions.; and

·         Data Usage and Ownership: Any data input into or generated by third-party AI services is subject to those respective providers' data usage policies. We recommend reviewing their terms to understand how your data may be used or stored.​

We advise you to consult the terms of service and privacy policies of any third-party AI services integrated into our platform to fully understand their practices and how they may impact your data and operations.

Notwithstanding the above, IPRally only uses External Services or In-Cloud Services that are evaluated to be trusted services, with the following minimum requirements:

• The providers of External Services or In-Cloud Services do not use the input content or prompts for training their machine learning models using the input content or prompts, 
• The providers of External Services or In-Cloud Services do not use the output for training their machine learning models using the output, AND
• They do not claim ownership of any inputs and outputs, i.e. you will retain the ownership of all input and output content in accordance with IPRally’s Terms of Service. 

We may use the following trusted services as External Services through their Application Programming Interfaces (APIs):

• Anthropic, PBC (Terms of Service: https://www.anthropic.com/legal/commercial-terms, Trust Center:  https://trust.anthropic.com)
• OpenAI, L.L.C. (Business terms: https://openai.com/policies/business-terms)

External Services may be added to the list of trusted services and used for providing Generative AI functionalities at the sole discretion of IPRally, provided that they satisfy the minimum requirements mentioned above. External Services may also be removed from the list of trusted services. 

We may use the following trusted In-Cloud Service through its Application Programming Interface (APIs):

• Google, L.L.C.: All models in Model Garden that satisfy the abovementioned minimum requirements, specifically 
  
  • Gemini models (Terms of Service: https://ai.google.dev/gemini-api/terms)

To the fullest extent permitted by law, we disclaim any liability for any damages, losses, or claims arising out of or in connection with the use of our External Services, In-Cloud Services or the content generated thereby. This includes but is not limited to direct, indirect, incidental, consequential, or punitive damages. 

You acknowledge that we utilize third-party service providers for the provision of our Service. While we implement reasonable technical, administrative, and physical measures to ensure the security and reliability of these Service(s), we do not control the operations of these third-party service providers. Consequently, we disclaim any liability for security breaches, data loss, or other issues arising from the operations or security practices of these service providers.

This limitation of liability shall apply regardless of the legal theory under which such damages are sought, whether in contract, tort (including negligence), strict liability, or otherwise, even if we have been advised of the possibility of such damages.

Disclaimer regarding the output of Generative AI models

You acknowledge that the outputs of the Generative AI functionalities are provided “as is” without warranty of any kind. You acknowledge that the content generated by our Service and AI systems may incorporate elements from publicly available data, like patent data, datasets, or other sources. While we take measures to ensure that our Service and AI systems comply with applicable copyright laws and respect intellectual property rights, there is a possibility that the generated content may inadvertently resemble or replicate copyrighted material. We strive to provide copyright protection mechanisms within our Service(s) to mitigate the risk of copyright infringements. These mechanisms may include content filtering, plagiarism detection, and other tools designed to identify and prevent the unauthorized use of copyrighted material. Additionally, as with other AI service providers, such as Microsoft or Open AI, our AI providers may offer copyright protection features to help safeguard against potential copyright claims. IPRally makes no warranty that the outputs of the Generative AI functionalities will be correct or accurate, and we recommend checking the outputs from a primary source before using them. You assume the entire risk arising out of the use of the Generative AI functionalities and outputs thereof. To the extent that we may not disclaim any warranty as a matter of applicable law, the scope and duration of such warranty will be limited to the minimum permitted under such law. 

Changes to Generative AI Terms

We may revise and update these Generative AI Terms from time to time in our sole discretion. If you continue to use the Generative AI functionalities after we post the updated Generative AI Terms or otherwise give you notice of such changes, it means that you accept and agree to the updated Generative AI Terms. If you do not accept the updated Generative AI Terms, you must not continue to access or use the Generative AI functionalities.