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Third Party AI Tool Terms of Use

Printify, Inc.
108 West 13th Street,
Wilmington, Delaware 19801
Last updated: October 16, 2023

This is a feature (“Feature”) that offers AI generated suggestions and other information (hereinafter – “Outputs”) based on prompts provided by you. For this purpose we are relying on a third-party AI Tool (hereinafter – “Third Party AI Tool”) hosted and provided by OpenAI L.L.C. and/or their affiliates (hereinafter – “OpenAI”).The legal relationship between you and Printify is subject to our Terms of Service. The use of this Feature is subject to these Terms of Use (hereinafter – “Terms of Use”), which shall apply in conjunction with the Terms of Service. In case of any discrepancy between a clause specified in these Terms of Use and a clause specified in the Printify Terms of Service, the former shall prevail.

By using this Feature, you understand, accept, and acknowledge:

By using the Third-Party AI Tool you agree to OpenAI terms of use (https://openai.com/policies/terms-of-use ), which shall be applicable to any legal relationship you may have with OpenAI as a result of using the Third-Party AI Tool.

We have no responsibility for or control over the Third-Party AI Tool or its Outputs. This feature is provided solely for your convenience and benefits as a user. By offering this feature we do not endorse or approve any of the Outputs generated by the Third-Party AI Tool. If you choose to use this feature, you assume all associated risks. You are solely responsible for evaluating the risks and benefits associated with the use of any of the Outputs. By using such data and suggestions you release Printify from any liability associated with such use.

THE OUTPUTS GENERATED BY THE THIRD PARTY AI TOOL ARE INTENDED SOLELY FOR INFORMATIONAL PURPOSES AND SHOULD NOT BE CONSTRUED AS ANY REPRESENTATION, WARRANTY, GUARANTEE OR ADVICE FROM PRINTIFY.  THIS FEATURE AND SERVICE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND IS PROVIDED WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED, SAVE TO THE EXTENT REQUIRED BY LAW. PRINTIFY, AND ITS DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUPPLIERS, PARTNERS AND PROVIDERS DO NOT WARRANT THAT: (A) THE FEATURE WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (C) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE FEATURE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE FEATURE WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE FEATURE IS SOLELY AT YOUR OWN RISK. SOME STATES / COUNTRIES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Your use of Outputs generated by the Third-Party AI Tool is Your Content within the meaning of our Terms of Service and is subject to our Terms of Service, Intellectual Property Policy, Privacy Policy, and any other applicable terms and conditions, including, but not limited to:

·   Your responsibility to ensure that Your Content does not infringe on the intellectual property rights of others;

·   Our rights to suspend your account and refuse to produce, block and remove any products with Your Content that we believe might be infringing on the rights of others, harmful, hateful or otherwise contrary to our terms;

·   Our decision to disable access or remove the allegedly infringing Your Content from Printify stores if we receive a DMCA Notice ;

·   Prohibition of selling counterfeit products;

·   Note that under applicable laws, including those of the United States, you might not hold the copyright to Outputs generated by the Third-Party AI Tool even if you are the author of the prompt, as copyright may be limited to creative works created by humans;

You undertake to evaluate every Output prior to using it as part of Your Content in order to ensure that such use complies with all the respective requirements in accordance to our Terms of Service.

There are risks associated with using the Outputs generated by the Third Party AI Tool. Including but not limited to, the risk of getting an Output that suggests or implies infringement on the intellectual property rights of others, promotes illegal activities, or otherwise suggests or implies creation and/or use content that could violate our Terms of Service.

Due to the nature of machine learning, Outputs may not be unique across users and the Third Party AI Tool might generate the same or similar Output for different users. You may not rely on unique suggestions to you or other Outputs generated by the Third Party AI Tool.

You are responsible for assessing all the risks and making an informed decision about using the Third-Party AI Tool and its Outputs.

IN NO EVENT SHALL PRINTIFY, ITS OFFICERS, DIRECTORS, AGENTS, AFFILIATES, EMPLOYEES, ADVERTISES, OR PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), EQUITY OR OTHERWISE, OR FOR DAMAGES IN THE AGGREGATE EXCEEDING THE AMOUNT OF THE FEES PAID AND PAYABLE BY YOU TO PRINTIFY FOR THE USE OF THIS FEATURE OR $100.00 (WHICHEVER IS MORE), ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS FEATURE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.You agree to indemnify and hold Printify and, its parent, subsidiaries, affiliates, partners, and Providers, as defined in the Terms of Service, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of our applicable terms and conditions, or your violation of any law or the rights of a third party, including that arises from using the Third-Party AI Tool and its Outputs. Please see our Terms of Service.

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