Crelate Additional Product Terms

Last updated: October 9, 2024

THESE CRELATE ADDITIONAL PRODUCT TERMS (“ADDITIONAL PRODUCT TERMS”) DESCRIBE THE SPECIFIC TERMS THAT APPLY TO CERTAIN CRELATE SERVICES OR FEATURES OFFERED BY CRELATE (EACH, AN “ADDITIONAL PRODUCT”). BY accessing, USING, and/or subscribing to AN ADDITIONAL PRODUCT, YOU hereby AGREE THAT THE APPLICABLE ADDITIONAL PRODUCT TERMS GOVERN YOUR USE OF THAT ADDITIONAL PRODUCT. THESE ADDITIONAL PRODUCT TERMS ARE INCORPORATED INTO, AND FORM A PART OF, THE CRELATE TERMS OF SERVICE OR CRELATE MASTER SAAS SUBSCRIPTION AGREEMENT (AS APPLICABLE, THE “AGREEMENT”) BETWEEN CRELATE AND THE ENTITY THAT ENTERED INTO THE AGREEMENT (“CLIENT” OR “YOU(R)”) WITH CRELATE. A violation of these Additional Product Terms is a violation of the Agreement. In the event of a conflict with the Agreement and the Additional Product Terms, the Applicable Product Terms will control to the extent of the conflict. Capitalized terms not defined herein have the meaning given to them in the Agreement.

Marketplace Partners

1. Crelate may offer the option to purchase Additional Products and services from a range of third parties (our “Marketplace Partners”). Marketplace Partners provide products, and services related to or integrated with Crelate Services (“Partner Offerings”). Crelate is not responsible for and makes no warranties for the performance, efficiency, availability, or support of Partner Offerings.
2. Client may connect, import, and export Client Data between the Services and certain Partner Offerings through supported integrations. In order for the Services to communicate with such Partner Offering, Client may be required to input credentials, or keys, in order for the Services to access and receive relevant information from such Partner Offering. By enabling use of the Services with any Partner Offering, Client authorizes Crelate to access Client’s accounts with such Third-Party Platform for the purposes described in this Agreement. Client is solely responsible for complying with any relevant terms and conditions of the Partner Offerings and maintaining appropriate accounts in good standing with the providers of the Partner Offerings. Client acknowledges and agrees that Crelate has no responsibility or liability for any Partner Offerings, including, without limitation, any beta releases or pre-release features of a Partner Offering, or how a Partner Offering uses or processes Client Content after it is exported to such Partner Offering. Crelate does not guarantee that the Services will maintain integrations with any Partner Offering, and Crelate may disable integrations of the Services with any Partner Offering at any time with or without notice to Client. For clarity, this Agreement governs Client’s use of and access to the Services, even if accessed through an integration with a Partner Offering.
3. Client represents and warrants that Client has agreed to the terms of service associated with any Partner Offering and has created, or has authorized Crelate to create on Client’s behalf, a Partner Offering account in accordance with such terms and conditions, which govern Client’s use of such Partner Offering account. Crelate will have no liability for Partner Offerings, and the Marketplace Partner is solely responsible for the Partner Offering, its support, functionality, clients, and APIs.

AI and Crelate Co-Pilot

Crelate offers a range of different AI features/capabilities to Clients that are powered by large language models (LLM) provided by third party companies (“External LLM Provider”) and/or other smaller models and/or Crelate’s proprietary machine learning technology (“AI Products”). Use of AI Products is governed by the AI Product Terms set out below. Crelate reserves the right to update the list of AI Products from time to time.

Crelate AI Products

Crelate Co-Pilot is a technology that blends AI and non-AI technologies to empower recruiting, business development, and data cleanup and organization process throughout the Services.

AI Product Terms

1. Processing by External LLM Providers. Crelate and the External LLM Provider acts as a sub-processor of personal data submitted to the AI Product, including Client Content that may be contained in Inputs (defined below) or other processed data. All Personal Data processing activities will be governed by the DPA in place between Crelate and Client.
2. Availability. No service level agreement with Crelate applies to an AI Product.
3. Inputs. Any Client Content submitted to an AI Product by Client, its Authorized Users and/or People, including, but not limited to, record data, documents, and queries (including any Personal Data contained therein) (“Inputs”) and Client will only provide and/or instruct Crelate to use Input and Output (defined below) for AI Products where the Client is authorized to provide such content to Crelate for the purposes set out in the Agreement.
4. Outputs. Results generated by an AI Product based on such Inputs (“Outputs”) are deemed Client Content under the Agreement and subject to the rights, restrictions and obligations applicable thereto. Client will only provide and/or instruct Crelate to use Input for AI Products where the Client is authorized to provide such content to Crelate for the purposes set out in the Agreement.

• • Third parties may submit information or materials to an AI Product that generates results that are identical or very similar Outputs (“Third-Party Outputs”), and Customer acknowledges it has no right, title or interest in or to any Third-Party Outputs.
  • Output may contain material inaccuracies and may not reflect correct, current or complete information. Do not rely, or encourage others to rely, on any Output without independently evaluating its accuracy and appropriateness of use, including, without limitation, by using human review. Crelate makes no representations or warranties and provides no indemnities with respect to Output. The AI Products and Output are not intended to substitute for the services of properly trained and licensed individuals.

5. Transparency. Client will ensure that when applicable:
   1. People are informed that they are interacting with an AI system
   2. Output is clearly marked as artificially generated or manipulated and
   3. Output is not falsely represented as being human generated.

6. Rights to Use. Client permits External LLM Provider to use Input and Output or other Customer Data submitted to an AI Product as necessary to provide the AI Product, comply with applicable laws, and enforce its respective policies (as specified in section 7). Crelate either privately hosts the LLM or contractually restricts External LLM Providers from using Customer Data for training or otherwise improving External LLM Provider’s services.

7. Restrictions on Use. In addition to any general obligations and restrictions pertaining to Client’s use of Services under the Agreement, Client represents and warrants that:
   1. Client will not, nor permit others to, use the AI Products or any Outputs in violation of Crelate’s Acceptable Use Policy (“AUP”) nor any third-party terms, policies or other agreements applicable to your use of the AI Products (as set out below and incorporated herein) as may be updated from time to time:
      Meta Llama 3 License – https://llama.meta.com/llama3/license
      Meta Llama 3 Acceptable Use Policy – https://llama.meta.com/llama3/use-policy
   2. Client will not, nor permit others, to:
      1. Use an AI Product to develop any models that compete with Crelate or External LLM Provider.
      2. Use any method to extract data, or infer information, from an AI Product or otherwise attempt to discover underlying components of the AI Product, except to the extent such restrictions are contrary to applicable law (e.g., underlying components of models (for example weights), algorithms, systems).
      3. Modify the intended use of an AI Product in a way that violates the AUP.
   3. Client will be fully responsible for use of an AI Product (including all Inputs submitted) by any Authorized User and Person as if performed by Client.
   4. Client will not modify the intended purpose of an AI Product, including in such a way that the AI Product could be classified as sensitive, high-risk or prohibited under applicable AI legislation.

8. Usage Limits and Pricing. By using an AI Product, Client agrees to the pricing specified in the Purchase Form. Crelate may monitor and limit or suspend Client’s usage of an AI Product if Crelate believes Client’s usage may bypass or circumvent any rate limits (if applicable); negatively affect the security, performance, integrity or commercial viability of any Services; violate the Agreement, the AUP, third party terms and policies or otherwise imposes liability on Crelate.

9. Purpose. Crelate’s AI Products are designed to support Authorized User’s daily activity and use of Services through useful suggestions, recommendations, and automation of repetitive or marginal tasks and other Skills that may be made available from time to time. Crelate’s AI Products do not automate HR or hiring decisions. Crelate’s AI Products not designed or intended to replace recruiters, hiring managers, or to in any way make decisions that could legally or significantly affect People, including but not limited to decisions related to financial or sending services, credit, housing, insurance, education enrollment or opportunity, criminal justice, employment or independent contracting opportunities, compensation, or healthcare.

Contact Data Enrichment

1. 1. Crelate offers a Contact Data Enrichment product. By choosing to use this feature you agree to the additional Acceptable Data Use for data provided by this service (“Enriched Data”), specifically the following activities and uses of the Enriched Data are prohibited:
      1. To encourage, enable or participate in any illegal, fraudulent, abusive, or similar activities.
      2. In connection with credit granting, credit monitoring, account review, debt collection, eligibility for credit, or insurance to be used primarily for personal, family or household purposes or in connection with assessing risks associated with existing credit obligations. Or in connection to insurance underwriting, renting of real property, or for the purpose of evaluating someone for promotion, reassignment, retention. Or in connection with the determination of a persons eligibility for license or other benefit that depends on an applicant’s financial responsibility or status. Or in connection with the evaluation of potential investor or services, for the valuation of or assessment of credit or prepayment risks associated with an existing credit obligation. Or in connection with any information, service or product sold or delivered to a “Customer” (as the term is defined in the FCRA) that constitutes or is derived in substantial part from a Customer Report. Or for any other purpose covered by the Fair Credit Reporting Act (15 U.S.C. Sec 1681 et seq (“FCRA”)), Federal Trade Commission interpretations of the FCRA, and similar federal and state statutes.
      3. For any form of debt collection or similar activity.
      4. Directly as the sole source of data for hard background check purposes.
      5. For a government benefit, or service.
      6. For any evidentiary purpose related to law enforcement or criminal prosecution.
      7. For any government defense or military intelligence purpose.
      8. For all Government customers, no government agency buying, selling or repurposing Enriched Data to government customers may use the Enriched Data for any eligibility decision pertaining but not limited to assistance to natural persons for housing, food, energy, health care, licensure, education, medical costs or any other form of government assistance or benefit. For any purpose prohibited by any and all applicable data privacy and security laws, including the General Data Protection Regulations (“GDPR”) and California Customer Privacy Act (CCPA).Data for this service may be provided by one or more 3rd parties. Crelate does not verify the accuracy of correctness and completion of such enrichment data. Crelate makes no guarantee or warranty on the accuracy, quality or availability of the data provided by this feature.

Posting to Job Boards

1. Crelate provides direct posting to both free and paid job boards as well as job board aggregators and programmatic job marketing platforms (collectively “Third-Party Boards”); provided, however, Crelate agrees that it will not post any of your job listings, postings or other data or Client Content on any Third-Party Board without you requesting such postings by using the posting features of the system. Crelate makes no warranties, guarantees related to Third Party Boards. In addition, any purchases made through Crelate for paid job boards are final and non-refundable. By using our Service to post Client Content, including job openings, job descriptions, etc., you agree that the Client Content will meet both this Agreement, and the terms of and other rules or guidelines required by the Third-Party Board. You also agree to be bound in all respects to the terms of service, acceptable use, and conditions of the applicable Third-Party Boards (“Third Party Board Terms”) and to indemnify and hold harmless Crelate for any violation of Third-Party Board Terms that you may have performed using the Crelate Service.

Text Messaging

1. Crelate offers Text Messaging and Telephony capabilities via integration partners (“Texting Integration Partners”). Texting Integration Partners require that you also abide by various terms and conditions of the telecommunication carries such as Verizon, TMobile, AT&T and others (together “Telecommunication Carriers”). By choosing to use this feature you agree to the additional acceptable data use for any data, text or attachment sent or received by this service (“Client Texting Content”), you agree that the Client Texting Content will comply with both Crelate Terms for Client Content and any terms of use, acceptable use, or other policy, rule, or guideline required by the Texting Integration Partners or any downstream telecommunication carriers. You also agree to be bound in all respects to the terms and conditions of Texting Integration Partners and Telecommunication Carriers and will indemnify and hold harmless Crelate for any violation or fee resulting from your usage, misuses, or lack of usage of a Texting Integration Partner and Telecommunication Carriers service. Specifically, you agree that your Client Texting Content will not violate any rules prohibited by Telecommunication Carriers, including but not limited to:
   
   

   Content Related

   1. Promotional messages on toll-free numbers;
   2. Phishing messages that appear to come from reputable companies but in fact trick consumers into revealing personal information;
   3. Fraud or scam messages that involve wrongful or criminal deception intended to result in financial or personal gain;
   4. Deceptive marketing messages that do not meet the standard held by the Federal Trade Commission’s (FTC) Truth In Advertising rules
   5. H.A.F.T. (sex, hate, alcohol, firearms, and tobacco) content, including sensitive content such as:
      1. Betting-related content — game bet, lucky draw, etc.
      2. Debt restructuring/refinancing offers
      3. Debt relief offers
      4. Payday loan offers
      5. Home loan offers
      6. Education loan offers
      7. Insurance quotes (unsolicited)
      8. Earn money from home job offers
   
   

   Usage Related

   1. Ignoring opt-out or unsubscribe requests;
   2. Spreading messages across multiple numbers, URL cycling or any other technique designed to evade or circumvent any reputation, anti-fraud or anti-spam systems.

2. Telecommunication Carriers impose a variety of surcharges, fees and penalties for the use and misuse of their services. You are responsible for all fees, penalties, or surcharges imposed by the Telecommunication Carrier. Fee and penalties rules change frequently, and Crelate will in its sole discretion, make a reasonable effort to communicate those changes to you.

3. Finally, depending on their requirements, you may be required to register with Telecommunication Carriers via the 10DLC program. This program is subject to change, without notice and at the discretion of the Telecommunication Carriers. You are responsible for compliance requirements, fees, and maintenance of your 10DLC program registration, vetting, and maintenance.

Changes History
10/9/2024 – Added AI + Co-Pilot Section 9. Purpose.
10/9/2024 – Minor formatting cleanup.