The following terms (“AI Program Terms”) supplement the Master Subscription Agreement and Personal Use Terms of Service (each, respectively and as applicable, the “Agreement”) between you and Notion Labs, Inc. (“Notion”) and apply to and govern your participation in the Notion AI early access program that provides AI-enabled features and functionality to program participants (“AI Program”). All defined terms in these AI Program Terms shall have the same meaning as in the Agreement. Notion AI is a Beta Service as that term is defined in the Master Subscription Agreement. The applicable Agreement (including our Privacy Policy) is incorporated by reference and will control for any provisions not addressed in these AI Program Terms.

Participation and Termination

Notion may suspend or terminate your access to or use of Notion AI at any time. The AI Program Terms will automatically terminate upon the release of a generally available version of Notion AI or upon notice of termination by Notion. You acknowledge Notion is under no obligation to make Notion AI generally available and may never do so. Further, upon Notion AI becoming generally available, you acknowledge that continued access and use of the Notion AI feature may be subject to your agreement to pay additional fees. We reserve the right to modify or terminate the AI Program, the AI Program Terms, or your use of Notion AI, to limit or deny access to Notion AI and/or participation in the AI Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of Notion AI and/or your participation in the AI Program at any time by disabling the Notion AI feature.

Nature of AI

You may provide input to be processed by Notion AI (“Input”), and receive output generated and returned by the Notion AI based on the Input (“Output”). Input and Output are your Content or Customer Data, as applicable. You will ensure that your Input and use of the Notion AI will not violate any applicable law. You are solely responsible for the development, content, operation, maintenance, and use of your Content and Customer Data.

IP

You agree that, as between you and us, we own all legal rights, title and interest in and to the AI Program and Notion AI, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Notion AI is granted.

Nothing herein gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.  Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with Notion AI and/or any other aspect of Notion technology, except as permitted by us.

Additional Use Provisions

You may not use Notion AI (i) to develop foundation models or other large scale models that compete with Notion AI; (ii) to mislead any person that Output from the Services was solely human generated; (iii) to generate spam, content for dissemination in electoral campaigns, use the Services in a manner that violates any applicable laws or technical documentation, usage guidelines, or parameters; or (iv) process sensitive personal data as that term is understood under applicable data protection law.

You acknowledge that due to the nature of machine learning and the technology powering Notion AI, Output may not be unique and the Services may generate the same or similar output to Notion or a third party.

Notion uses technology provided by OpenAI, LLC (“OpenAI”) to provide Notion AI. You may not use Notion AI in a manner that violates any OpenAI Policy, including their Content Policy; Sharing and Publication Policy; and Community Guidelines.

Improvement of Services

Artificial intelligence and machine learning models can improve over time to better address specific use cases. We do not and will not permit third parties to use your Content or Customer Data to improve or train their AI models. We do not and will not use your Content or Customer Data to improve or train our models unless you give us express permission to do so.

Additional Processing Instruction

To the extent your Input contains Customer Personal Data (as that term is defined in the Data Process Addendum), you instruct Notion to process the Customer Personal Data for the additional Business Purpose of providing the Notion AI functionality and Output.

You acknowledge that for the purposes of your participation in the Notion AI Program and your use of Notion AI, Notion uses additional subprocessor(s) to provide the Notion AI functionality.

LIMITS ON LIABILITY

IN NO EVENT SHALL NOTION OR ITS  AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE AI PROGRAM TERMS OR YOUR PARTICIPATION IN THE NOTION AI PROGRAM WHETHER DIRECT OR INDIRECT,  HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT NOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTION’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

WARRANTY DISCLAIMER