Product Specific Terms
Effective date: 19 August 2024
Table of Contents
These terms (“Product Specific Terms”) describe specific terms that apply to certain services or features offered by Helpshift (each, a “Product”). By using a Product, Customer agrees that the applicable Product Specific Terms govern its use of that Product. These Product Specific Terms are incorporated into, and form a part of, the Enterprise Terms or, where applicable, the bespoke agreement entered with Helpshift by the Customer in the event that the Customer uses a Product (the “Agreement”).
Capitalized terms not defined herein have the meaning given to them in the Agreement. In the event of a conflict between the Agreement and the Product Specific Terms, the applicable Product Specific Terms will take precedence. A violation of these Product Specific Terms is a violation of the Agreement.
Helpshift may update the Product Specific Terms from time to time, provided that Helpshift provides Customer with reasonable prior written notice of any material updates. For the avoidance of doubt, the addition of terms in respect of new Products shall not constitute a material update. If Customer does not agree to the material updates to the terms of this Product Specific Terms, Customer will have the opportunity to discontinue its use of the relevant Products.
The services covered by these Product Specific Terms are:
AI Products
Helpshift offers its customers a number of different AI Products and features that are powered by large language models (“LLMs”) provided by third party companies (“Third Party LLM Provider”) and/or Helpshift’s proprietary machine learning technology (“AI Products”). Use of AI Products is governed by the AI Product Terms set out below. Helpshift reserves the right to update the list of AI Products from time to time.
AI Products
- AI Powered Answers is an AI powered feature on Helpshift platform that delivers concise responses from relevant knowledge base FAQs to enhance customer support interactions. This AI Product is powered by OpenAI (as defined below).
- AI Powered Summaries is an is an automated feature that analyzes customer support interactions, providing agents with concise summaries of user issues for quick insights. This AI Product is powered by OpenAI.
- AI Sentiment Analysis is an AI-powered feature that automatically detects emotional tone of text data, helping businesses understand customer attitudes. This is an internally developed AI Product.
AI Product Terms
- Data Processing by Third Party LLM Providers: Some AI Products are powered by Third Party LLM Providers. When using AI Products, the Third Party LLM Provider acts as a sub-processor of personal data submitted to the AI Product, including personal data that may be contained in Inputs (defined below) or other Customer Data. All personal data processing activities will be governed by the Data Processing Addendum in place between Helpshift and Customer. The Customer will ensure that necessary lawful bases are identified, relevant transparency obligations are complied with and if necessary, consent is obtained and other obligations are performed under the Applicable Law to use the AI Products.
- Processing Locations: If Customer elects to use an AI Product, personal data will be sent to the relevant Third Party LLM Providers as detailed in the Helpshift Sub-processor List.
- Protected Health Information: Features powered by OpenAI Ireland Ltd (“OpenAI”) may not be used to process Protected Health Information (“PHI”) by Customers subject to the Health Insurance Portability and Accountability Act (“HIPAA”).
- Inputs and Outputs: Any data, content and information (in any format) submitted to an AI Product by Customer, its Authorised Users and/or Customer Personnel, including, but not limited to, conversation data and queries (including any personal data contained therein) (“Inputs”) and results generated by an AI Product based on such Inputs (“Outputs”) are deemed Customer Data under the Agreement and subject to the rights, restrictions and obligations applicable thereto. Customer will only provide and/or instruct Helpshift to use Input and Output for AI Products where the Customer is authorized to provide such content to Helpshift for the purposes set out in the Agreement. Third parties may submit information or materials to an AI Product that generate results that are identical or similar to Outputs (“Third-Party Results”), and Customer acknowledges it has no right, title or interest in or to any Third-Party Results.
- Accuracy: Output may contain material inaccuracies and may not reflect correct, current or complete information. Be aware that AI-powered Outputs are computer-generated, not human-generated, and may produce inaccurate results. Customer shall not rely, or encourage others to rely, on any Output without independently evaluating its accuracy and appropriateness of use, including, without limitation, by using human review. It is crucial to verify and validate any AI-generated content before use or implementation.
- Transparency: Customer will ensure that: (i) end users are informed that they are interacting with an AI system, (ii) Output is clearly marked as artificially generated or manipulated and (iii) Output is not falsely represented as being human-generated, and (iv) when using AI Products, Customer will disclose this fact to end users who are interacting directly with the AI system. Customer may comply with this requirement by appropriately naming its Bot or configuring an appropriate automated greeting message.
- Rights to Use: Customer permits Third Party LLM Provider to use Input and Output or other Customer Data submitted to an AI Product as necessary to provide the AI Product, comply with applicable Laws, and enforce its respective policies (as specified in Paragraph 11(a) below). Helpshift contractually restricts Third Party LLM Providers from using Customer Data for training or otherwise improving Third Party LLM Provider’s services.
- Data Retention: Helpshift leverages OpenAI’s “Zero Data Retention” model for current OpenAI-powered AI Products, meaning no data will be stored by OpenAI following the delivery of the Output.
- Children: Customer must ensure that personal data of children under 13 (or the applicable age of digital consent in the relevant jurisdiction) is not shared with Helpshift, OpenAI, or any other Third Party LLM Provider when using AI Products without consent from their parent or guardian. Customer is responsible for implementing appropriate measures to prevent the collection, processing, or transmission of children’s personal data through these AI Products.
- Automated Decision Making: Customer accepts that AI Product is not intended to be used for the purpose of “automated decision making” as described in Article 22 of the GDPR, or in scenarios that pose a clear threat or significant risk to health, safety, or fundamental rights, including for the purposes of making employment decisions. AI Product is not substitute for human review, and will only be used to guide and not replace agent decision making.
- Restrictions on Use: In addition to any general obligations and restrictions relating to Customer’s use of Services under the Agreement, Customer represents and warrants that:
- Customer will not, nor permit others to, use the AI Products or any Outputs in violation of any Helpshift’s Acceptable Use Policy (“AUP”) notified to it by Helpshift from time to time, nor any third party terms, policies or other agreements applicable to its use of the AI Products (as set out below and incorporated herein) as may be updated from time to time
Third Party LLM Provider | Applicable Terms and Policies |
OpenAI |
- Customer will not, nor permit others, to: (i) use an AI Product to develop any models that compete with Helpshift or the Third Party LLM Provider; (ii) use any method to extract data, or infer information, from an AI Product or otherwise attempt to discover underlying components of the AI Product, except to the extent such restrictions are contrary to applicable law (e.g., underlying components of models (for example weights), algorithms, systems); or (iii) modify the intended use of an AI Product in a way that violates an AUP.
- Customer will be fully responsible for use of an AI Product (including any and all Inputs submitted) by any Authorised Users and Customer Personnel as if performed by Customer.
- Customer will not modify the intended purpose of an AI Product, including in such a way that the AI Product could be classified as high-risk or prohibited under applicable AI legislation.
12. Pricing; Usage Limits. By using an AI Product, Customer agrees to the pricing specified in the Pricing Page or Order Form, as applicable. Helpshift may monitor and limit or suspend Customer’s usage of an AI Product if Helpshift believes Customer’s usage may bypass or circumvent any rate limits (if applicable), negatively affect the security, performance, integrity or commercial viability of any Services, violate the Agreement, the AUP, third party terms and policies or otherwise imposes liability on Helpshift.
13. Availability. No service level agreement with Helpshift applies to an AI Product. Helpshift does not guarantee the availability of the AI Products in any or all geographical areas.
14. Modifications: Notwithstanding anything to the contrary in the Agreement or these Product Specific Terms, Helpshift may make changes to the AI Products that materially reduce the functionality provided to Customer during its license period or which change the limits that apply to Customer at any time in Helpshift’s sole discretion where it has a legitimate business justification to do so.
