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These AI Feature Terms (“AI Terms”) form part of the agreement governing the use of HackerRank services (the "Agreement") between HackerRank and the customer agreeing to these AI Terms ("Customer"). These AI Terms apply to Customer's use of products or features HackerRank's software services platform ("Software Services") that make use of artificial intelligence, machine learning, or similar technologies (“AI Features”). The person accepting these terms on behalf of Customer represents and warrants that they have full right and authority to do so.
1. Discretionary Use. HackerRank’s AI Features are provided as added products or functionality available within the Software Services. Customer is not required to use the AI Features in order to use other products or features of the Software Services that do not make use of AI Features.
2. AI Content. The AI Features use data, information, or other content or materials that are input to the feature (“Input”) to generate output based on the Input (“Output”) (Input and Output are collectively referred to as “AI Content”). Depending on the AI Feature, Customer (including its end-users) or the Candidate invited by Customer to use the AI Feature controls the Input. The type of Output generated (such as code, text, materials, analyses, or other content) depends on the AI Feature used.
As between Customer and HackerRank, Customer owns all rights in and to AI Content to the extent permitted by applicable law. Due to the probabilistic nature of AI Feature Output, others providing similar Input may receive and own the same or similar Output. In addition to any other rights granted under these AI Terms, AI Content is subject to the same license granted to HackerRank as is other data owned by Customer under the Agreement.
3. Provision of AI Features. Certain AI Features may be wholly or partially provided by HackerRank’s third-party providers (each an “AI Provider”). To the extent an AI Feature is provided by AI Provider, Customer’s use of AI Feature is subject to the applicable AI Provider’s terms disclosed to Customer (“AI Provider Terms”). And, to the extent an AI Feature is provided by an AI Provider, the applicable AI Provider, not HackerRank, controls the operation of the AI Feature and its Output. HackerRank or its AI Providers, respectively, own and reserve all rights in and to the AI Features themselves.
4. AI Training. HackerRank may use AI Content to train and enhance HackerRank's AI Feature models solely where that AI Content is in an aggregated and anonymous format such that neither Customer or any person is identified or identifiable. For these purposes, HackerRank acknowledges that AI Content is provided "as is." HackerRank does not permit its AI Providers to retain AI Content or to use AI Content to train the AI Providers’ own models and, where applicable, HackerRank has proactively opted-out of allowing all AI Providers to train their models on AI Content.
5. Use Policy. Customer is solely responsible for ensuring that Customer’s and its end-users’ use the AI Features in compliance with these AI Terms and applicable law. Without limiting other provisions of the Agreement, when using AI Features, Customer will not and will ensure that its end-users will not: (a) misrepresent that Output is solely generated by a human; (b) provide any Input into generative AI Features that contains “personal data” or “personal information” (as each is defined by the GDPR, CCPA, or substantively equivalent applicable laws, respectively) other than as permitted through the intended purpose of the AI Feature; (c) use AI Features in a manner that violates applicable law or HackerRank’s published technical documentation, usage guidelines, or usage parameters; (d) use the AI Features for automated decision-making that has legal or similarly significant effect on individuals, unless Customer does so with adequate human review and in compliance with applicable law; (e) use any automated method to extract data from the AI Feature, including data scraping or harvesting, other than as permitted through the AI Feature; or (f) use AI Features to develop Customer’s own foundational or large scale models competitive of the AI Feature.
6. Disclaimer. AI Features are based on probabilistic, automated models that may produce Output that is unreliable, inaccurate, or not reflective of the Input. HackerRank’s AI Features are not intended as a substitute for human discretion or human decision making. Customer is solely responsible for independently evaluating and verifying its AI Feature use and all AI Content as appropriate for Customer’s use case and in compliance with laws applicable to Customer's of the AI Features. Customer is solely responsible for all decisions made and actions taken based on AI Content and/or Customer’s use of AI Features.
IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THE AGREEMENT OR PROVIDER TERMS, THE AI FEATURES ARE PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. HACKERRANK MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE AI FEATURES OR AI CONTENT, INCLUDING BUT NOT LIMITED TO, AS TO THE MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT ON THIRD-PARTY RIGHTS, AVAILABILITY, ACCURACY, SECURITY, OR OPERATION THEREOF.
7. AI Provider Schedule. The AI Provider Schedule below contains an up-to-date list of HackerRank’s AI Providers and their Provider Terms. HackerRank will update this Schedule, when applicable, as AI Features change or are added by providing written notice of the update to Customer’s administrator designated within the Software Services.
