Bitrix24 CoPilot Additional Terms

These Bitrix24 CoPilot Additional Terms (“Terms”) form a part of the Terms of Service between users (“You”), and Bitrix24 (“We”, “Bitrix24”) and govern Your use of the additional functionality feature Bitrix24 CoPilot (“CoPilot”).

CoPilot functionality is represented in the following categories:

• CoPilot for Images;
• CoPilot for Texts;
• Chat with CoPilot;
• CoPilot in CRM.

CoPilot functionality made available through external technologies using artificial intelligence (“AI”), which are represented by various third-party providers as may be specified below (“AI Providers”). Such third-party technologies do NOT constitute a part of the Website, the Services, or the Products.

By using CoPilot you confirm that You understand, agree and accept the terms of the AI Provider’s terms of use or license conditions as may be made available to You by references below (“AI Provider’s Terms”). You are responsible for monitoring and complying with the applicable AI Provider's Terms. If the AI Providers amend any provisions of their AI Provider’s Terms in comparison to those mentioned in these Terms, the updated AI Provider's Terms will apply.

By using CoPilot, You acknowledge Your full consent with these Terms. If You do not accept these Terms, You must not use CoPilot. YOU HAVE THE OPTION TO DEACTIVATE CoPilot FUNCTIONALITY WITHIN YOUR BITRIX24 CUSTOMER ACCOUNT SETTINGS.

Unless otherwise defined in these Terms, capitalized terms will have the meaning given to them in the Terms of Service.

1. GENERAL TERMS

1.1. By using CoPilot You acknowledge and agree that:

• You use CoPilot at your own risk and discretion. Bitrix24 is not liable for any violations, legal issues, or breaches resulting from Your use of CoPilot. If you have doubts about CoPilot's legitimacy, Input (as defined below) entry, or Output (as defined below) publishing, seek professional advice from relevant specialists and conduct a security audit of the AI Provider's service before using CoPilot;
• You are solely responsible for any infringement of third-party rights or violation of applicable laws while using the Output. Bitrix24 is not liable under any circumstances for Your violations of the rights of the AI Provider, any third party, or Your breaches of applicable laws;
• You take responsibility for complying with these Terms and the applicable AI Provider's Terms;
• You are solely responsible for monitoring and enforcing the applicable laws governing the use of artificial intelligence in Your territory;
• CoPilot is not intended for handling any types of sensitive personal data. However, if You decide to process sensitive personal data, You are obliged to follow all necessary legal procedures with the relevant AI Provider in accordance with the applicable law.

1.2. You understand that:

• Limits on the number or frequency of word requests (“Inputs”) made by You and/or for a single Bitrix24 Customer Account may be imposed depending on Your Service Plan, with the goal to reduce the load on our or the AI Provider’s infrastructure;
• CoPilot functionality may be or become unavailable, blocked or prohibited for use in Your country by AI Provider or by Your applicable law;
• Situations when CoPilot may be unavailable or perform slowly are not caused by Bitrix24, but the relevant AI Provider. As Bitrix24 cannot influence the performance of CoPilot, we are not responsible for the availability and downtime of the AI Providers’ technologies;
• Bitrix24 does not create or modify Your Input or Output in any way, does not initiate any Input generation or publishing of any of Your Output . Bitrix24 does not and should not have any knowledge of the possible illegitimacy of Your Input or Output and may not be aware of violation of the rights of third parties or breaching the applicable law;
• Input and Output are considered Your User Content and You are solely responsible for its development, content, and use;
• Output may not be unique across users and the same or similar Output may be generated for other users upon entering a similar word request. Output that is requested by and generated for other users is not considered Your content.

1.3. You accept the following restrictions and agree not to:

• use CoPilot in a way that violates or attempts to violate any national or international law or regulation;
• utilize CoPilot in a manner that infringes, misappropriates or violates any person’s rights;
• to generate Output that incites violence, calls for illegal activities, violates moral or ethical standards, contains profanity or promotes hatred and/or discrimination.

1.4. You undertake to:

• Follow Your applicable law for the entire period of CoPilot use;
• Ensure that using of Output will not (i) violate any applicable law; (ii) violate these Terms, Our Terms of Service, or the respective AI Provider’s Terms; (iii) infringe, violate or misappropriate any of Our rights or the rights of any third party.

1.5. Bitrix24 is not responsible and shall not be held liable for:

• Any damage, loss of income, profit, revenue, information, data, or savings arising from using or inability to use CoPilot and/or Output;
• Any violation of the rights of third parties or breaching the applicable law resulting from Your use of CoPilot and Output;
• The fact and/or consequences of Your information or data being compromised as a result of using CoPilot;
• Inaccuracy of results or information obtained from the use of CoPilot.

1.6. Bitrix24 reserves the right to block or limit the use of CoPilot:

• in the event of implementation of national or international, legal or other restrictions on the use of the AI technology in general or specifically on the technology provided by a particular AI Provider;
• at Our sole discretion, including if there are reasons to believe that You are violating the obligations and undertakings. Based on the information available to us, we have the right to determine, at our sole discretion, that you have violated obligations and guarantees. In such case, You are obligated to provide Us with refutations of such violations at Our request.

1.7. Bitrix24 may provide You with an option to engage with alternative AI Providers beyond those specified in the Terms. Should You choose to proceed, You do so at your own discretion and assume all associated risks. It is Your sole responsibility to adhere to the terms and conditions established by these AI Providers and comply with all applicable legislation, including personal data laws.

1.8. Terms Modifications.
Bitrix24 has the right to unilaterally modify these Terms by posting the updated version on the Internet at the following link.

2. GENERAL TERMS

2.1. COPILOT FOR IMAGES SPECIFIC TERMS
CoPilot for Images allows You to generate images (“Output”) by making word requests (“Input”). CoPilot for Images is made available through third-party technology of a latent text-to-image diffusion model capable of generating images based on any text input and represented by third party provider Stable Diffusion. The Stable Diffusion model is used under the terms of the CreativeML Open RAIL-M License. By using CoPilot for images, You acknowledge Your full consent with the terms of the CreativeML Open RAIL-M License.

2.1.1. You acknowledge and agree that:

• You take responsibility for complying with these Terms and the CreativeML Open RAIL-M License while using the Output;
• CoPilot for Images is not intended for handling personal data. If you choose to enter any personal data as a part of Input, You do so at Your own risk and responsibility, and You must comply with all necessary legal procedures with the AI Provider;
• Bitrix24 does not grant or acquire any rights to the Output. Your rights for the Output are regulated by the terms of the CreativeML Open RAIL-M License;
• Images include watermarks. Usage of any technical or other means to remove, alter or hide watermarks is prohibited;
• the Output may be used by the Stable Diffusion model for its further improvement and development.

2.1.2. You agree to comply with the following use-based restrictions set by the AI Provider and therefore You undertake not to use CoPilot for Images:

• in any way that violates any applicable national, federal, state, local or international law or regulation;
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way;
• to generate or disseminate verifiably false information and/or content with the purpose of harming third parties;
• to generate or disseminate personal identifiable information that can be used to harm an individual;
• to defame, disparage or otherwise harass third parties;
• for fully automated decision-making that adversely impacts an individual’s legal rights or otherwise creates or modifies a binding, enforceable obligation;
• for any use intended to or which has the effect of discriminating against or harming individuals or groups based on online or offline social behavior or known or predicted personal or personality characteristics;
• to exploit any of the vulnerabilities of a specific group of persons based on their age, social, physical or mental characteristics, in order to materially distort the behavior of a person pertaining to that group in a manner that causes or is likely to cause that person or another person physical or psychological harm;
• for any use intended to or which has the effect of discriminating against individuals or groups based on legally protected characteristics or categories;
• to provide medical advice and medical results interpretation;
• to generate or disseminate information for the purpose to be used for administration of justice, law enforcement, immigration or asylum processes, such as predicting an individual will commit fraud/crime commitment (e.g. by text profiling, drawing causal relationships between assertions made in documents, indiscriminate and arbitrarily-targeted use).

2.2. SPECIFIC TERMS FOR COPILOT FOR TEXTS AND CHAT WITH COPILOT
These Specific Terms govern Your use of CoPilot for Texts and Сhat with CoPilot (hereinafter together referred to as “CoPilot for Texts”). CoPilot for Texts allows You to generate various textual content (“Output”) by making word requests (“Input”).

CoPilot for Texts is made available through a large language model from a third-party provider OpenAI (“AI Provider”).

By using CoPilot for Texts, you confirm that You understand, agree and accept the terms of the AI Provider’s Terms of Use located at https://openai.com/policies/terms-of-use. You are responsible for monitoring and complying with the applicable AI Provider's Terms.

2.2.1. You acknowledge and agree that:

• When making an Input, You transfer Your data to the AI Provider. Bitrix24 does not process your data and thus does not hold any responsibility for its processing and storing;
• CoPilot for Texts is not intended for handling personal data. If you choose to enter any personal data as a part of Input, You do so at Your own risk and responsibility and You must comply with all necessary legal procedures with the AI Provider;
• You are prohibited from representing that Output was human-generated when it is not, or otherwise violate AI Provider’s Usage Policies available on its website;
• You are restricted from sending to AI Provider any personal information of children under 13 or the applicable age of digital consent.

2.2.2. You understand that:

• Output may not accurately reflect real facts;
• Your rights to Output generated while using CoPilot for Texts are governed by the terms of the AI Provider’s Terms of Use.

2.2.3. You agree to comply with the restrictions imposed by the AI Provider in their Terms of Use. You must always refer to the original text for the current AI Provider’s Terms of Use as the AI Provider may change or impose new restrictions.

2.2.4. You may not use CoPilot for Texts in a manner that violates any AI Provider’s Policies, including their Content Policy; Sharing and Publication Policy; and Community Guidelines.

2.3. COPILOT IN CRM SPECIFIC TERMS
CoPilot in CRM allows you to streamline your voice communications across multiple channels by organizing essential data and automating the fulfillment of key fields within the sales cycle in CRM records for incoming and outgoing business calls.
CoPilot in CRM is made available through third-party technologies provided by third-party providers, such as OpenAI (“AI Provider”).
By using CoPilot in CRM, you confirm that you understand, agree to, and accept the AI Providers’ Terms. Specifically, OpenAI's Terms of Use can be found at https://openai.com/policies/terms-of-use. You are responsible for monitoring and complying with the applicable AI Provider's Terms.

2.3.1. If you choose to use CoPilot in CRM, you acknowledge and agree that, with regard to the OpenAI AI Provider, any data you receive during your conversations with your clients will be transmitted to the USA for processing by the AI Provider.

2.3.2. You are solely responsible for adhering to the applicable laws and ensuring full compliance with relevant legislation and regulations, including those pertaining to the protection of personal data, during Your use of CoPilot in CRM. The specific legal requirements depend on the jurisdiction in which You and Your clients are located and may require You to undertake the following actions:

• Provide Your clients with sufficient and informative notifications, as required by applicable law, about the conversation being recorded, and offer your clients an option to opt out from the recording;
• Offer Your clients sufficient and informative notifications, as mandated by applicable law, regarding the transfer of their data to a third party in the USA or another country (depending on the selected AI Provider);
• Give Your clients an option to opt out of either recording, transfer, or both, of their data to a third-party processor (AI Provider) without infringing upon their rights to access Your goods and services;
• Obtain explicit consent from Your clients for the recording of conversations and the transfer of their data to the AI Provider;
• Provide Your clients with an option to withdraw their consent regarding the processing of their personal data through the above process.

WE RECOMMEND THAT YOU SEEK PROFESSIONAL ADVICE BEFORE USING COPILOT IN CRM TO ENSURE THE ENFORCEMENT OF APPLICABLE LAW.

2.3.3. You understand that the results of data organization may not meet Your expectations, and Bitrix24 shall not be held liable for any such outcomes.

2.3.4. You acknowledge that for the purpose of enhancing the CoPilot in CRM functionality, we may ask Your users to submit to Bitrix24 a report containing all data, including Your clients’ personal information, associated with the use of CoPilot in CRM for a specific communication.