1.1 The following terms shall have the meanings assigned to each of them as below, unless otherwise provided hereunder:
"Growth Marketing Suite Service" is an enterprise-level data intelligence service, providing statistical analysis and data experiment services. For the specific functions, you can see from the corresponding product introductions. The Data Suite Service includes BytePlus DataFinder, BytePlus DataWind, BytePlus DataTester, BytePlus Customer Data Platform, BytePlus Growth Marketing Platform and other types of services listed on the BytePlus official website, subject to the actual product and service specifications you have ordered.
1.2 Other terms used but not defined herein shall have the meanings provided under Customer Agreement.
2.1 You understand and agree that BytePlus Services are performed automatically by technical tools, and that, unless otherwise agreed in writing and/or to fulfill special obligations under the Service Agreement (such as troubleshooting, testing, etc.), BytePlus does not intervene manually in the service process and results. BytePlus does not make any representations or warranties in relation to merchantability, satisfactory quality, timeliness, effectiveness, accuracy, or fitness for a particular purpose in relation to your use of Growth Marketing Suite Service. You shall take sole and full responsibility and liability for all decisions made, actions conducted, failures to take action, and any result incurred, based on your use of such service.
2.2 BytePlus's services are limited to your own use of your products in accordance with the service agreement. You understand and agree that if you use this service for commercial purposes or directly or indirectly obtain profits in any other way, you should obtain BytePlus's written permission in advance. If you use, transfer, sublicense, or lease any resources, technical support, and services provided by BytePlus to you beyond the scope of BytePlus's authorization, BytePlus has the right to immediately terminate the aforementioned license, and any losses and consequences incurred thereby shall be borne by you, and BytePlus shall not be liable for this.
2.3 Regarding the data processed by you using the BytePlus Growth Marketing Suite Service, you undertake and guarantee that the data is collected by you in compliance with relevant laws and regulations, and you should comply with laws and regulations related to personal information and data security, without infringing upon the legitimate rights and interests of any third party.
2.4 If BytePlus model services are involved, you acknowledge and agree that:
(1) You shall comply with the BytePlus Acceptable Use Policy and the BytePlus GenAI Acceptable Use Policy;
(2) You shall not use the BytePlus Services, input or output, including synthesized data, for the development, training, annotation, fine-tuning, optimization, iteration, or other similar activities of new models or other models (other than for the fine-tuning expressly agreed by BytePlus), or algorithms;
(3) You shall not attempt to extract data, parameters, codes, or other Confidential Information of BytePlus or its Affiliates from the BytePlus Model Services in any manner; and
(4) To the extent permitted by Applicable Laws, the IP Rights of Your Data belong to you or other applicable rights holder(s). BytePlus does not claim ownership of the output generated by the BytePlus models in response to your input. You must use the output in compliance with all Applicable Laws and the Agreement. For the avoidance of doubt, if the aforementioned output contains any data or content over which BytePlus or its Affiliates or a third-party rights holder holds IP Rights or other legitimate interest, such right shall remain with BytePlus or its Affiliates or such third-party rights holder. Due to the nature of the BytePlus model services and large language model technology, your output may not be unique, and our other customers may receive similar output from BytePlus. You acknowledge and agree to this and hereby waive any claim against us and our other customers in connection with such similarities.
2.5 You understand and agree that BytePlus will automatically receive and record dialogue information that You provide during interactions with BytePlus Growth Marketing Suite Services. This information is used to generate content for You and provide the Services. BytePlus will also use dialogue information to improve the Services. This will enable BytePlus to make continuous improvements to the speed and quality of its recognition and response capabilities, ultimately enhancing the effectiveness of the Services.
2.6 BytePlus will not use your data for the purpose of training or optimising models, unless BytePlus has obtained separate approval from you.