Gem AI Early Access Terms

These Supplementary Gem AI Early Access Terms (these “Terms”) constitute a legally binding agreement. Please read them carefully. 

By clicking “Accept” or enabling or using an AI Feature (defined below), you:

  • agree to these Terms on behalf of the Gem customer with which you are employed, affiliated or associated (“Customer” or “you”); and

  • represent that you: (i) have the authority to bind Customer to these Terms, and (ii) are an authorized user under the agreement in place between Customer and Gem that governs access to and use of the Services (the “Agreement”).

If you do not have such authority, are not an authorized user, or do not agree to these Terms, you may not enable or use the AI Features. Capitalized terms used but not defined in these Terms have the meanings given to them in the Agreement.

These Terms are effective between Customer and Gem Software, Inc. (“Gem” “we” or “us”), and supplement and/or modify the Agreement as of the date you click “Accept,” or first enable or use the AI Features, whichever is earliest. You are responsible for reading and complying with any amended version of these Terms posted here, which will become effective 30 days after being posted.

AI Features. From time to time, Gem may make available features and functionality as part of the Services that utilize artificial intelligence, machine learning, or similar technologies (“Al Features”). The Al Features may utilize technology provided by Gem and/or Gem’s third party service providers, and a current list of available AI Features and their respective service provider (“AI Provider”) is available in the Gem AI Documentation accessible via this link or such successor site, as may be updated by Gem from time to time (the “Gem AI Documentation”). By choosing to use an AI Feature, you are instructing Gem to submit your data to the applicable AI Provider as a sub-processor, for the purpose of providing AI-generated text in support of the AI Feature. Gem makes no representations as to the accuracy of the AI Feature’s AI-generated text.

Use of the AI Features. By accepting these Terms, you are instructing Gem to enable the AI Features for your instance of the Services and agreeing that you will use the AI Features and Content only as permitted by these Terms, including the Gem AI Documentation. You may provide input to be processed by the AI Features (“Input”), and receive data or content output by the AI Features (“Output” and, together with Input, “Customer Content”). You are solely responsible for the development, content and legality of Customer Content, and you will ensure that use of Customer Content complies with all applicable laws and these Terms, including the Gem AI Documentation. You agree that Gem or its licensors exclusively own all right, title and interest in and to the AI Features, including all associated intellectual property rights. Except for the limited rights expressly granted in these Terms, all other rights in and to the AI Features are reserved.

License. You grant Gem and its affiliates a worldwide, non-exclusive, royalty-free license to host, copy, display, distribute, access, use and process Customer Data, and provide necessary access to third party service providers acting on its behalf, such as Amazon Web Services, to (i) provide, maintain, and improve the Services, (ii) to prevent or address service or technical problems or at Customer’s request in connection with customer support matters, and (iii) as compelled by law or as instructed by Customer in writing. You agree that Gem may aggregate data derived from Customer Data, and may aggregate the same with data regarding or derived from Customer’s use of the Services (“Aggregate Data”), and may use, modify and disclose Aggregate Data to develop, improve, market and provide Gem’s products and services, analyze and report on performance and use of the Services, or otherwise operate its business, provided that such use will be in a manner that does not disclose the identity of Customer or identify Customer as the source of such data to any third party. “Customer Data” means data, content and other information in Customer’s instance of the Services, that has been submitted to the Services by or on behalf of Customer (including from Customer’s applicant tracking system or other third party services, as well as by Customer’s authorized users). For clarity, Aggregate Data is not Customer Data. 

Early Access. You acknowledge that you are receiving access to the AI Features on a no-charge, free or trial basis, and/or as an early access or beta offering. AI Features are optional and subject to change or discontinuation at any time in Gem’s discretion, they may contain bugs or errors and/or provide inaccurate or unreliable output, and their features and performance information are Gem’s confidential information. And so notwithstanding anything to the contrary in the Agreement, AI Features are provided “as is,” including with respect to their performance, speed, functionality, and availability, without any express or implied warranties, service levels, support or indemnities of any kind, and Gem will have no liability for any harm or damage associated with the AI Features.

General. Unless terminated earlier, these Terms will remain in effect until the earlier of termination of your use of the AI Features, or upon termination or expiration of the Agreement. Gem may limit or terminate your use of any AI Feature and these Terms at any time in our discretion, including upon any breach by you of your obligations under these Terms. Upon termination, you will cease using the AI Features, and you acknowledge that any data submitted to the AI Features may not be retrievable or exportable, retained in accordance with data retention terms or settings applicable to the Services, or available following termination. Termination of these Terms shall not entitle Customer to any refund, credit or other compensation from Gem.