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Generative AI Services

If you use our Eulogy Writing or any other generative artificial intelligence services available at www.bare.com.au (Generative AI Services), then in addition to the Website Terms of Use and our Privacy Policy, you agree to the following additional terms and conditions (the AI User Agreement):

1. Definitions

AI Output refers to the text, images, documents, or other information that are generated and output by a Generative AI Service when prompted by you.  

‍AI Service Provider means OpenAI LLC and any other generative AI service provider that provides a licence to Bare for Generative AI Services. 

Your Input refers to the text, images, documents or other information that you input to the Generative AI Services available on www.bare.com.au. 

2. AI Service Provider

You acknowledge and agree that:

  1. our Generative AI Services, including Eulogy Writing, are dependant on the AI Service Provider;
  2. these terms are subject to any agreement between us and the AI Service Provider; and
  3. Your Input may be stored either in Australia or overseas.

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3. Collection Statement

  1. We collect personal information from you in order to provide the Generative AI Services and for purposes otherwise set out in our Privacy Policy. We may disclose that information to third parties that help us deliver our services (including information technology suppliers, communication suppliers and our business partners) or as required by law. If you do not provide this information, we may not be able to provide all of our services to you. Our Privacy Policy explains: (i) how we store and use, and how you may access and correct your personal information; (ii) how you can lodge a complaint regarding the handling of your personal information; and (iii) how we will handle any complaint. If you would like any further information about our privacy policies or practices, please contact us at [email protected]. By providing your personal information to us, you consent to the collection, use, storage and disclosure of that information as described in the Privacy Policy and this AI User Agreement.
  1. The AI Service Provider may use Your Input or the AI Ouput to provide and maintain its service, comply with applicable law, and enforce its policies. You are responsible for content, including for ensuring that it does not violate any applicable law or the AI Service Provider’s terms available here [insert link].

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4. Access & Content

  1. We grant you a non-exclusive right to access and use the Generative AI Services in accordance with the AI User Agreement.
  2. If you choose to provide Your Input to the Generative AI Services, you will receive AI Output. 
  3.  Artificial intelligence and machine learning are rapidly evolving fields of study. Given the probabilistic nature of machine learning, use of Generative AI Services may in some situations result in incorrect AI Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any AI Output as appropriate for your use case, including by using human review of the AI Output.

You must ensure that we are authorised and otherwise free to lawfully host, use, and make available anything that you submit or input into a Generative AI Service. We have no obligation to review or monitor your submissions. You accept full responsibility for the submissions you make to a Generative AI Service. You must not submit any:

  1. inappropriate or offensive content; or  
  2. Personal Information, as defined by the Privacy Act 1988 (Cth).

You warrant that you have provided adequate privacy notices and obtained all necessary consents required for the processing of personal data and information that you input to the Generative AI Service, and that you are complying with all applicable law.  

5. Prohibited use

You may only use a Generative AI Services for lawful purposes and in accordance with the AI User Agreement. You agree not to use a Generative AI Service:

  1. in any way that violates any applicable national or international law or regulation;
  2. for the purpose of exploiting, harming, or attempting to exploit or harm any person;
  3. to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any other similar solicitation;
  4. in any way that infringes upon the rights of others, or in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity; or
  5. to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of a Generative AI Service, or which, as determined by us, may harm or offend Bare or users of a Generative AI Service or expose them to liability.

6. Intellectual Property

Due to the nature of machine learning, AI Output may not be unique across users and the Generative AI Services may generate the same or similar output for Bare or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your content.

To the extent permitted by law:

  1. we own the copyright in the AI Output; and
  2. we grant you a non-exclusive licence to use the AI Output for personal use (including publication in funeral or memorial service stationary or online material) and other non-commercial purposes, subject to complying with our Website Terms of Use, Privacy Policy and this AI User Agreement. This licence may be terminated by us if you fail to comply with our terms.

You agree not to represent that the AI Output was human generated when it is not or otherwise violate this AI User Agreement. 

7. Accuracy and errors

We do not guarantee the safety, accuracy, appropriateness, or reliability of the AI Output. It is your responsibility to ensure each AI Output is safe, accurate, and appropriate for use in your setting. You must not rely on any AI Output, and you should check with a suitably qualified professional or other reliable source if you are unsure of its accuracy, suitability, reliability, or safety. To the fullest extent possible by law, Bare is not responsible for any loss of damage caused if you rely on any AI Output.

8. Liability & Indemnity

  1. You agree to defend us, our affiliates, and their respective employees, agents, and service providers (each a “Bare Entity”) against any claim, suit, demand, loss, liability, damage,action, or proceeding (each, a “Claim”) brought by a third party against a Bare Entity, and you agree to fully reimburse the Bare Entities for any Claims, howsoever arising, that result from:
  1. your use or misuse of a Generative AI Service, including Your Input or AI Output; 
  2. your breach of any provision of the AI User Agreement or any applicable law; and 
  3. any fees, fines, disputes, or any other liability we incur that otherwise results from your use or misuse of a Generative AI Service.
  1. We provide the Generative AI Services “as is” and “as available”, without any express, implied, or statutory warranties of title, fitness for a particular purpose, noninfringement, or any other type of warranty or guarantee. No data, documentation or any other information provided by Bare or obtained by you from or through the Generative AI Services whether from Bare or the AI Service Provider, and whether or oral or written creates or implies any warranty from a Bare Entity to you. 
  2. We disclaim any knowledge of, and do not guarantee: (a) the accuracy, reliability, or correctness of any data provided through the services; (b) that the services will meet your specific needs or requirements; (c) that the services will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Bare or the AI Service Provider will correct any defects or errors in the service, documentation, or data; or (e) that the services are free of viruses or other harmful code.
  3. Nothing in the AI User Agreement operates to exclude, restricts or modify the application of any implied condition, warranty or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law where to do so would: (a) contravene that law; or (b) cause any term of this user agreement to be void
  4. Under no circumstances will any Bare Entity be responsible or liable to you for any indirect, punitive, incidental, special, consequential, or exemplary damages resulting from your use or inability to use the Generative AI Services or for the unavailability of the Generative AI Services, for lost profits, personal injury, or property damage, or for any other damages arising out of, in connection with, or relating to the AI User Agreement or your use of theGenerative AI Services, even if such damages are foreseeable, and whether or not you or the Bare Entities have been advised of the possibility of such damages. 
  5. The Bare Entities are not liable, and deny responsibility for all liability and damages to you or others caused by (a) your access or use of the Generative AI Services inconsistent with the instructions; (b) any unauthorised access of servers, infrastructure, or data used in connection with the Generative AI Services; (c) interruptions or cessation of the Generative AI Services; (d) any bugs, viruses, or other harmful code that may be transmitted to or through the Generative AI Services; (e) any errors, inaccuracies, omissions, or losses in or to any data provided to us; (f) third party content provided by you; or (g) the defamatory, offensive, or illegal conduct of others
  6. You agree to limit any additional liability not disclaimed or denied by the Bare Entities under this AI User Agreement to your direct and documented damages; and you further agree that under no circumstances will any such liability exceed in the aggregate the amount of $100 

9. General

  1. Force majeure: We are not responsible for any delay or failure to let you access the products generated using a Generative AI Service, provided that the cause of the failure or delay is an unforeseeable event outside of our reasonable control.
  1. Interruptions: We do not guarantee that a Generative AI Service will always be available, contain the same features, or be uninterrupted. 
  1. Severance: If a court or other authority decides that some of these terms are invalid or unlawful, the rest of them will continue to apply.
  1. Breach and Termination: We may suspend your access to a Generative AI Service immediately by notice if we believe that you have or are likely to have breached these terms. We have discretion as to whether your access to the Generative AI Service will be reinstated.