Service-Specific Terms

These Service-Specific Terms supplement the General Terms and apply to specific aspects of Aiven Cloud Services as described below. In case of discrepancy between the General Terms and these Service-Specific Terms, then these Service-Specific Terms shall apply. Capitalized terms used in these Service-Specific Terms shall have the same meaning given to them in the General Terms.

Aiven AI

1. General

1.1 Aiven Cloud Services may include products, features, or tools that incorporate artificial intelligence (“AI”) or related technology such as generative AI. These terms apply to the following AI features and services listed below (collectively “Aiven AI”).

(i) AI editor in Aiven for PostgreSQL.

Additional AI features and services may be added to the scope of these terms from time to time:

1.2 These terms governing Aiven AI consist of: (i) general terms applicable to all Aiven AI; and (ii) service-specific terms for individual AI features and services listed above, where applicable. Such service-specific terms, if any, are described in the sections below.

2. Intellectual Property Rights

2.1 Ownership of Inputs. Between Aiven and the Customer, data, text and other instructions in the form of prompts as provided by the Customer to interact with Aiven AI (“Inputs”) belong to the Customer. The Customer grants Aiven and its licensors a worldwide, transferable, non-exclusive, and sublicensable right to use, process, store, and transmit the Inputs solely to provide Aiven AI to you.

2.2 Data training. Aiven does not use Customer Inputs or Outputs to train or improve AI models. Aiven uses Third-Party Providers who have committed to not training their models using customer data.

2.3 Ownership of Outputs. Between Aiven and the Customer, you retain all rights you may have related to results, suggestions, content, code, or other materials, including the software application generated by Aiven AI as the basis of Inputs (“Outputs”). Please note that Outputs may not be unique and that AI may generate identical or similar outputs for other customers who provide similar prompts. Because Outputs may not be unique, you are responsible for any use of the Outputs and Aiven makes no representations or warranties regarding non-infringement of the Outputs.

2.4 Intellectual Property Rights belonging to Aiven. All rights, title and interest, including Intellectual Property Rights belonging to Aiven including related to Aiven AI shall belong exclusively to Aiven or its licensors. Except for the express license to use Aiven AI, the Customer shall have no and shall not by virtue of this Agreement obtain any rights, license or interests in and to the Aiven AI or any Intellectual Property Rights pertaining thereto.

2.5 Intellectual Property Rights belonging to Third-Party Providers. All Intellectual Property Rights in and to the AI models, algorithms, systems, and underlying technology used to provide Aiven AI remain the exclusive property of the Third-Party Provider and their licensors and are not transferred to the Customer.

3. Third-Party Providers

3.1 To provide Aiven AI, we use third-party providers such as providers of the underlying large language models (“Third-Party Providers”). Aiven selects these providers in its sole discretion and reserves the right to modify them.

3.2 Because Aiven AI relies on Third-Party Providers, the Customer acknowledges and agrees that Customer Inputs and Outputs are transmitted to and processed by the Third-Party Providers to provide the AI Services.

3.3 You may review the Third-Party Providers in Aiven’s sub-processor list at: https://aiven.io/subprocessors.

3.4 In addition to the usage policies in Section 4 below, the Customer agrees to comply with the then-current usage policies by the Third-Party Providers when interacting with Aiven AI: (i) Google’s Generative AI Use Policy ; and (ii) Google Cloud Acceptable Use Policy.

4. Usage Policies and Limitations

4.1 Because the Customer controls the Inputs used in interaction with Aiven AI, the Customer is solely responsible for ensuring that Inputs are lawful and do not violate any third-party rights. The Customer is responsible for obtaining any necessary consents required to use Inputs in the context of Aiven AI.

4.2 The Customer must not use Aiven AI:

  1. for any purpose that would constitute a "prohibited AI practice" under Article 5 of Regulation (EU) 2024/1689 (the "EU AI Act"), or deploy Aiven AI in a manner that would constitute it as a "high-risk AI system" under Article 6 of the EU AI Act;
  2. in violation of Aiven’s Acceptable Use Policy and Third-Party Terms;
  3. to generate, create, or distribute harmful, discriminatory, defamatory, harassing, threatening, or misleading content;
  4. copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or attempt to extract or derive the source code of, or any components of the AI models used;
  5. resell, redistribute, or provide access to Aiven AI to third parties without Aiven's prior written consent;
  6. to develop a similar or a competing product or service;
  7. to create or improve AI models similar to the Third-Party AI models with the Outputs; and/or
  8. use automated means to generate excessive requests or otherwise abuse Aiven AI beyond reasonable usage patterns.

4.3 Aiven may limit the use of Aiven AI e.g. by number of prompts or requests per day per user. The Customer may not bypass or circumvent such limitations.

4.4 Aiven may suspend or terminate Customer’s access to Aiven AI if Aiven reasonably believes the Customer has breached the usage policies or limitations.

5. Disclaimer and Indemnification

5.1 Availability. Aiven AI is not subject to the SLAs and no availability is guaranteed.

5.2 No warranty. The Customer uses Aiven AI including at its sole risk and is solely responsible for its operation of Aiven AI. Outputs may contain inaccuracies or biases and the Customer should evaluate all Outputs for accuracy appropriate to their use case, including employing human review where appropriate. Aiven makes no representation or warranty regarding Outputs and is not liable for any usage thereof.

5.3 Customer indemnification. The Customer shall indemnify, defend, and hold harmless Aiven, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to (a) the Customer's use or misuse of Aiven AI in violation of the terms of these Service-Specific Terms or Third-Party Providers’ policies; (b) excessive use of Aiven AI in violation of usage limitations; (c) unlawful, infringing, or otherwise improper Inputs; and (d) Customer's use of Outputs.