Generative Al Terms

Effective Date: March 10, 2024

These Online Is What We Do LLC Generative AI Additional Terms and Conditions (“Generative AI Terms”) shall apply if the Generative AI module is included in the plan selected by the Customer as stated in the Agreement between Online Is What We Do LLC and the Customer or subsequently opted in by the Customer in the Service. These Generative AI Terms shall form an integral part of that Agreement, when applicable. Unless otherwise expressly provided herein, the capitalized terms shall have the meaning defined in the Agreement and the Terms of Service.

Summary

• We never send any User-generated content outside our own cloud environment, unless specifically approved by our customers for specific purposes.

• Modern Generative AI models offer high value in e.g. efficient patent review. We may use models hosted in our cloud environment, or, to speed up providing that value to you, selected and trusted External services that host such models, to provide Generative AI functionalities.

• We aim for full transparency and user control of the use of such features, and as high privacy, confidentiality and security of data as possible, as defined in our Terms of Service as well as in these Generative AI Terms.

• Specifically, we never use External services that claim ownership of User-generated content or use User-generated content to train their machine learning models.

• While we aim to provide high-quality Generative AI functionalities, we make no warranty that their outputs will be correct or accurate, and we recommend checking the outputs from a primary source before using them.

Generative AI functionalities

Modern generative AI models offer high value in patent information-related tasks, such as efficient review, filtering, summarization and analysis of search results or patent portfolios, as well as other advanced functionalities. To deliver that value to our customers, we aim to use such models to offer such functionalities (“Generative AI functionalities”) as optional functionalities.

By approving these Generative AI Terms, you (as the Customer) give the consent to enable Generative AI functionalities for the users of your organization and assure that you are in a position to do so.

You can disable the Generative AI functionalities at any time.

The scope of Generative AI functionalities

Generative AI functionalities are always marked with a specific identifier, such as an icon. You will see the identifier always before you choose to use such functionalities.

Current and planned Generative AI functionalities include:

• “Ask AI” feature that can be used to ask questions about or give instructions for analyzing individual or multiple patents.

• “AI Reply” feature that can answer reviews utilizing short answer, normal answer or extensive answer patent data sets using Generative AI

• “AI Filter” feature that can filter patent data sets using Generative AI models based on the user’s instructions.

More Generative AI functionalities can be added by us, provided that they are marked with the identifier.

Acknowledgement of legal concerns:

Online Is What We Do LLC to ensure compliance with local, state, and federal laws, our Services (and the personnel involved in the rendering of such Services, if any) will adhere to the following:

• Data privacy: Ensure that Online Is What We Do LLC Generative AI tools or features comply with data protection laws, and that any personal or sensitive data is handled with the appropriate care.

• Fair employment practices: Online Is What We Do LLC will not use Generative AI to discriminate against any individual based on their protected characteristics, such as race, gender, age, or disability.

• Intellectual property: Online Is What We Do LLC ensures that our Generative AI tools or features do not infringe on the intellectual property rights of others.

AI ethical issues:

Online Is What We Do LLC ensure that we use Generative AI for the benefit of our employees, contractors, Clients and Partners, as well as society as a while, Online Is What We Do LLC will adhere to the following principles:

• Transparency: Online Is What We Do LLC Generative AI tools and features and use of Generative AI will be transparent, and we will inform our employees, contractors, Clients and Partners about how we use AI and how we use Generative AI and the data we use to power the Generative AI models.

• Fairness: We will ensure that our Generative AI tools and features are fair and unbiased, and we will regularly evaluate and audit such tools and features to identify and address any biases.

• Human oversight: We will ensure that our employees have the ability to override any decisions made by our Generative AI tools and features and that human oversight is always present in the decision-making process, when applicable.

• Privacy: We will respect the privacy of our employees, contractors, Clients and Partners and ensure that any data collected is used only for legitimate purposes and in compliance with any legal confidentiality obligations.

Confidentiality and Privacy:

Privacy, and the protection of confidential information, is of utmost importance to Online Is What We Do LLC in the use of Generative AI tools and features in its Services. “Confidential Information” includes:

Online Is What We Do LLC Confidential Information

Online Is What We Do LLC confidential data refers to sensitive information that is considered proprietary, secret, or highly valuable to Online Is What We Do LLC. It typically includes any data or knowledge that, if disclosed or accessed by unauthorized individuals, could potentially harm the company's competitive advantage, reputation, financial stability, or legal standing. Business confidential data can take various forms, such as:

• Trade Secrets: Proprietary formulas, manufacturing processes, algorithms, recipes, or other intellectual property that provide a competitive edge.

• Financial Information: Non-public financial statements, revenue figures, profit margins, pricing strategies, budgets, or investment plans.

• Customer Data: Personal identifiable information (PII) of customers, including names, addresses, contact details, purchase histories, preferences, or transaction records.

• Research and Development (R&D) Data: Unpublished research findings, experimental data, prototypes, product designs, technical specifications, or future product plans.

• Marketing Strategies: Market research data, target audience insights, advertising campaigns, branding strategies, or upcoming product launches.

• Non-Disclosure Agreements (NDAs): Contracts or agreements between parties that outline the confidential information shared and the restrictions on its use and disclosure.

• Internal Operations Information: Employee records, salary details, HR policies, strategic plans, organizational structures, or operational procedures.

• Partnership and Supplier Information: Contractual agreements, pricing agreements, supplier lists, or negotiations with business partners.

Online Is What We Do LLC protects confidential data through security measures, such as restricted access controls, encryption, non-disclosure agreements, employee training, and regular audits, to mitigate the risk of unauthorized access or disclosure that could harm the company's interests.

Client or Partner Confidential Information

Client or Partner Confidential Information (“Customer Confidential Information”) refers to sensitive information related to Clients, Partners or Partner’s end users that Online Is What We Do LLC collects, stores, or processes as part of its Services (“Client”, “Partner” or “Partner End User” may collectively be referred to as a “customer” in this section for ease of reference). This data is considered private and confidential, and its protection is essential to maintain customer trust and comply with privacy regulations.

Customer Confidential Information includes:

• Personal Identifiable Information (PII): This includes a customer's name, address, phone number, email address, social security number, date of birth, or any other information that can be used to identify an individual.

• Financial Information: Credit card numbers, bank account details, payment history, or any other financial data associated with a customer.

• Purchase History: Information about products or services purchased, transaction dates, order details, invoices, or receipts.

• Communication Records: Records of customer interactions, such as call recordings, chat logs, or email correspondence.

• Preferences and Behavioral Data: Information on customer preferences, interests, buying patterns, website browsing history, or demographic data.

• Health or Medical Data: In certain industries like healthcare, customer confidential data may include medical records, treatment information, or health-related details.

• Social Media Data: Information collected from customers' social media accounts, such as profiles, posts, or engagement data.

• Surveys and Feedback: Responses provided by customers in surveys, feedback forms, or customer satisfaction ratings.

Online Is What We Do will handle customer confidential data with utmost care and ensure compliance with applicable data protection regulations, such as the General Data Protection Regulation (GDPR) or the California Consumer Privacy Act (CCPA). This involves implementing secure data storage, encryption, access controls, regular data audits, and obtaining proper consent for data collection and usage. Protecting customer confidential data helps maintain privacy, prevent data breaches, and safeguard customers from potential identity theft or fraud.

Online Is What We Do will never use the data obtained from its Clients, Partners or their end users to train any AI models and will ensure that any third party provider of AI technology and Services (ie, Google, Microsoft, etc.) also does not allow such data to be used to train AI models.

AI decision-making principles:

Online Is What We Do is committed to making decisions about the use of Generative AI that are responsible, ethical, and aligned with our values. To guide our decision-making process, we will adhere to the following principles:

• Human-centered: We will prioritize the needs and well-being of our employees and customers over the potential benefits of using Generative AI.

• Social responsibility: We will consider the impact of our Generative AI tools and features on society as a whole, and we will ensure that our tools do not harm individuals or communities.

• Continuous improvement: We will continually evaluate and improve our Generative AI tools and features to ensure that they align with our values and meet the needs of our employees and customers.

• Transparency: We will be transparent about our decision-making process and communicate openly with our employees and customers about how and why we use Generative AI.

Online Is What We Do LLC’s position on the use of Generative AI:

At Online Is What We Do LLC, we recognize the potential benefits and pitfalls of using Generative AI as a feature to our business and the Services offered to our customers. And, we know that these new technologies, like Generative AI, should not be treated as a replacement for employees doing their own work.

Additionally, we also acknowledge the legal concerns and ethics issues surrounding the use of Generative AI in the workplace and commit to continuously monitoring the evolving legal landscape of Generative AI and its oversight.

By adhering to our policy and decision-making principles, we can use AI in a responsible and ethical manner that aligns with our values and benefits our employees, customers, and society.

Changes to Generative AI Terms

We may revise and update these Generative AI Terms from time to time in our sole discretion. If you continue to use the Generative AI functionalities after we post the updated Generative AI Terms or otherwise give you notice of such changes, it means that you accept and agree to the updated Generative AI Terms. If you do not accept the updated Generative AI Terms, you must not continue to access or use the Generative AI functionalities.