AI Features Addendum

1. Scope

This AI Features Addendum (the “Addendum”) applies when you use any feature of the Service that we describe as “AI”, “artificial intelligence”, “machine learning”, or equivalent, including content generation, suggested copy, suggested images, brand kits, smart recommendations, search assistance, and similar tools (the “AI Features”).

In the event of any conflict between this Addendum and the Terms of Service in respect of the AI Features, this Addendum prevails.

2. How the AI Features Work

The AI Features take input from you, your Storefront content, or your prompts (the “Input”) and return generated text, images, or other content (the “Output”). Some AI Features are powered by our own systems and some are powered by third-party model providers. The list of third-party providers we use as sub-processors for the AI Features is maintained on our sub-processor page.

The AI Features may not produce accurate, complete, or up-to-date Output. You are responsible for reviewing all Output before publishing or relying on it.

3. Your Input

You must have all rights necessary to provide your Input and the right to allow us and our AI sub-processors to process it for the AI Feature. You must not submit Input that infringes the rights of any third party, that contains malicious code, or that breaches the Acceptable Use Policy. You must not submit special category personal data, criminal-conviction data, or full payment card numbers as Input.

4. Output

As between you and us, you own the Output your Input generates, subject to the rights of the AI sub-processor and any third-party rights in any underlying training data. We do not warrant that the Output is unique to you, that it does not infringe the rights of any third party, or that it is fit for any particular purpose. Similar or identical Output may be returned to other Vendors.

You must review Output before using it. You are responsible for any decision you take based on Output, any Output you publish, and any consequence of the way you use the Output. We do not indemnify you for any third-party claim that the Output infringes that third party’s rights.

5. Training Restrictions

We do not use Customer Personal Data, your Vendor Content, or your AI Feature Input to train our own AI models or any third-party AI model, without your explicit prior consent. Where the AI Features are powered by a third-party model, we contract with the model provider to disable training on your data and to delete Input and Output within a reasonable period.

We may use aggregated, anonymised, and de-identified data to operate, monitor, secure, and improve the AI Features.

6. Limitations of the AI Features

You acknowledge that the AI Features may:

• generate Output that is incorrect, biased, or misleading;
• produce Output that resembles content owned by third parties;
• produce Output that is offensive, inappropriate, or out of context;
• be unavailable or change without notice;
• have technical limits (length, language coverage, image style, latency, throughput).

You must not use the AI Features in a way that could endanger health, safety, or fundamental rights, including: medical diagnosis or treatment, legal or financial advice on which a person is reasonably likely to rely, biometric identification, automated decisions about credit, employment, or eligibility for essential services, or any application that the UK AI Safety Institute or another competent authority has declared off-limits for general-purpose AI.

7. Data Protection

To the extent the AI Features process Customer Personal Data, our Data Processing Addendum applies and the AI sub-processors are sub-processors under that DPA. Where you submit your own personal data as Input, our Privacy Policy applies.

8. Disclosure to Customers

Where you publish Output on your Storefront or in customer communications, you must comply with any law that requires you to disclose the use of AI (including, where applicable, the UK Code of Practice on AI and AI-generated content rules under any future statutory regime). At minimum, you must not represent AI Output as work that you or a named individual created, and you must not deceive Customers about who or what is responding to them.

9. Changes and Suspension

We may change, suspend, or remove any AI Feature at any time, including in response to issues with a third-party model provider, regulatory changes, or safety concerns. Where reasonably possible we will give advance notice. The availability commitment in the Service Level Agreement does not apply to the AI Features.

10. Limitation of Liability

The limitation of liability in section 19 of the Terms of Service applies to the AI Features. For the avoidance of doubt, we accept no liability for the accuracy, appropriateness, lawfulness, or non-infringing nature of any Output, and you bear the risk of how you use it.

11. Indemnification

You will defend, indemnify, and hold us harmless from any third-party claim and any damages, fines, penalties, and reasonable legal costs arising from: (a) the Input you provide; (b) the Output you publish or rely on; (c) your use of the AI Features in breach of this Addendum; or (d) any law you breach in connection with your use of the AI Features.

12. Changes

We may amend this Addendum to keep pace with developments in AI law, model providers’ terms, and our own AI Features. For material changes that adversely affect your rights or obligations we will give at least thirty (30) days’ notice. Continued use of the AI Features after the effective date constitutes acceptance.

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