Legal & Branding

Effective Date: 17 June 2024

These Terms of Service (“Terms”) govern your access and use of the TM Forum AIVA service (“AI Services”) offered by TM Forum (“we,” “us,” or “our”). We use Google AI tools, Gemini Pro and Vertex (collectively “Third-Party AI Tools”) to provide the AI Services to you.

By accessing or using the AI Services, you agree to be bound by these Terms.

1. Use of the AI Services
   1. You must be 18 years of age or older to use the AI Services. You represent and warrant that you meet the applicable age requirements and are competent to agree to these Terms.
   2. You must have a TM Forum account and be logged into your account.
   3. You are solely responsible for your use of the AI Services and all content you generate through it.
   4. You agree to use the AI Services only for lawful purposes and in accordance with these Terms.
   5. You agree not to use the AI Services to:
      1. Generate content that is harmful, misleading, obscene, hateful, or discriminatory.
      2. Infringe on the intellectual property rights of others.
      3. Resell, distribute, or sublicense the AI Services.
      4. Transmit any malicious code or viruses
      5. Violate any law or regulation.
      6. Disrupt or interfere with the AI Services or its servers.
      7. Attempt to gain unauthorized access to the AI Services.

2. Disclaimers
   1. THE AI SERVICE IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ACCURACY. WE HAVE NO CONTROL OVER THIRD-PARTY AI TOOLS, OR THE CONTINUED AVAILABILITY OF THEIR FUNCTIONAL PERFORMANCE OR AI MODELS
   2. The AI Services may generate inaccurate or misleading information. You are solely responsible for verifying the accuracy of any information generated by the AI Services.
   3. We do not warrant that the AI Services will be uninterrupted, error-free, or secure.
3. Limitations of Liability
   1. TO THE EXTENT PERMISSIBLE BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES ARISING OUT OF YOUR USE OF THE AI SERVICE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.
4. Indemnification
   1. You agree to indemnify, defend, and hold harmless TM Forum, its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses, including reasonable attorney’s fees, arising out of or in any way connected with your use of the AI Services or your violation of these Terms.
5. Intellectual Property
   1. The AI Services
      1. All rights, title, and interest in and to the AI Services, including any software, technology, algorithms, and content provided by us, are owned by or licensed to us.
      2. You are granted a limited, non-exclusive, non-transferable, and revocable license to access and use the AI Services for your personal or internal business purposes in accordance with these Terms.
      3. You agree not to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the AI Services.
   2. User Content
      1. You retain ownership of any content you submit, post, or display on or through the AI Services (“User Content”). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content in connection with providing the AI Services, including but not limited to:
         1. Passing your User Content through an AI model that can understand and generate natural language.
         2. Collecting and analyzing non-identifying usage metrics and other statistical data to improve the AI Services.
   3. Feedback
      1. In the event you provide us with any suggestions, ideas, improvements or other feedback with respect to any aspect of the AI Services (“Feedback”), we shall own such Feedback without compensation to you, attribution of any kind, or any other obligation to you.

6. Privacy and Security
   1. Privacy
      1. Your privacy is important to us. Please review our Privacy Policy, which explains how we collect, use, and disclose information from our users.
   2. Security
      1. We shall maintain commercially reasonable physical, technical and administrative safeguards for the protection of the security, confidentiality and integrity of the AI Services and your User Content, including but not limited to:
         1. Encrypting your User Content in transit.
         2. Only processing and/or transferring Customer Content using secure, reasonable, and appropriate mechanisms in order to perform the AI Services.
         3. Exercising reasonable efforts to prevent unauthorized disclosure or exposure of Customer Content; and
         4. Complying with all applicable security and privacy laws.
      2. We will not:
         1. access, process, or otherwise use Customer Content other than as necessary to facilitate the AI Services or comply with applicable law; or
         2. give any third-party access to Customer Content, except our subcontractors or collaborators (including the Third-Paty AI Tools) that have a need for such access to facilitate or operate the AI Services and are subject to a reasonable written agreement governing the use and security of Customer Content.
   3. De-Identified Customer Content
      1. Notwithstanding the provisions above of this paragraph, we may use, reproduce, sell, publicize, or otherwise exploit Customer Content that is de-identified in any way, in our sole discretion, including, without limitation, aggregated with Customer Content from other users.
   4. Algorithmic Training Data
      1. We have opted out of any Third-Party AI Tool options to store and analyze Customer Content for high-level AI algorithmic training purposes.
      2. If we opt in later to this functionality, we will notify you.
7. Term and Termination
   1. We may terminate your access to the AI Services at any time, with or without cause, upon written notice. Upon termination, your right to use the AI Services will immediately cease.
   2. You may terminate your use of the AI Services at any time.
   3. The following provisions will survive any termination of these Terms: Disclaimers, Limitations of Liability, Indemnification, Intellectual Property, Governing Law, Severability, Waiver, and De-Identified Customer Content.
8. Governing Law
   1. These Terms will be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law provisions.
9. Entire Agreement
   1. These Terms constitute the entire agreement between you and us with respect to the AI Services and supersede all prior or contemporaneous communications and proposals, whether oral or written.
10. Severability
    1. If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall remain in full force and effect.
11. Waiver
    1. No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach.
12. Updates to the Terms
    1. We may update these Terms from time to time. We will post the updated Terms on the AI Services. Your continued use of the AI Services after the posting of the updated Terms constitutes your acceptance of the updated Terms.
13. Contact Us
    1. If you have any questions about these Terms, please contact us at [email protected].
14. Additional Terms
    1. You agree to comply with the TM Forum website Terms and Conditions, which are incorporated herein by reference.
    2. The AI Services may include additional terms and conditions specific to certain features or functionality. These additional terms will be presented to you at the time you access such features or functionality.