The following terms (“Comeet Additional Service Terms”) supplement Comeet’s Terms of Service (the “Terms”) between you and Comeet Technologies Inc. (“Comeet”, “we”, “our”) and apply to and govern your access and use of additional services and/or features offered by Comeet (“Additional Services”). All defined terms in these Comeet Additional Service Terms shall have the same meaning as in the Terms. References to “you” in these Comeet Additional Service Terms include the legal entity on whose behalf you are acting (the “Organization”), and you represent that you have the authority to accept these Comeet Additional Service Terms on the Organization’s behalf. To the extent of any conflict or inconsistency between the Terms and these Comeet Additional Service Terms, these Comeet Additional Service Terms shall prevail. Your violation of these Comeet Additional Service Terms is a violation of the Terms.

We reserve the right, at our sole discretion, to revise, change and update these Comeet Additional Service Terms at any time. The amended Comeet Additional Service Terms shall be effective 3 days after publication of the new version on the Solution, Website or notified to you by other means. Your continued use of the Additional Services thereafter constitutes your consent to such changes and you agree to be bound by them, therefore, we ask you to check back periodically to review the most updated Comeet Additional Service Terms.

Specific terms:

1.1 Programmatic Export feature. By using the feature that allows you to transfer your data (including, personal data) to Third Parties (as defined below) (the “Programmatic Export feature”), you request and instruct Comeet to activate the Programmatic Export feature on Comeet's Solution, so that the Organization (and the Organization's users) will be able to transfer and/or export Programmatic Export Feature Content (as defined below) from Comeet's Solution in a non-encrypted format to third parties (that are not owned or controlled by Comeet) engaged by you (“Third Parties”). For the avoidance of doubt, these Third Parties are not Comeet’s sub-processors, vendors or service providers. We have no control over such Third Parties and, therefore, Comeet does not assume any responsibility or liability for the Programmatic Export Feature Content shared with, and the policies of, such Third Parties, their privacy and data-processing practices, their security practices, their availability commitments and/or for any other act or omission of any Third Party. If you use the Programmatic Export feature to transfer any Programmatic Export Feature Content to Third Parties, you do so at your own risk. Accordingly, we encourage you to be cautious and to read the terms and conditions and privacy policy of each Third Party before activating the Programmatic Export feature. If you have any query or complaint regarding a Third Party, you shall contact the Third Party directly. You assume sole and exclusive responsibility to carry out such actions and compliance checks as you deem appropriate. Comeet shall have no responsibility or liability, regarding your reliance upon, or use of, or transfer of the Programmatic Export Feature Content, the actions or omissions you take (or refrain from taking) in connection with any of the foregoing, or any consequences resulting therefrom. For purposes of these Additional Service Terms, “Programmatic Export Feature Content” means any information, text, data, personal data, messages, sensitive and/or confidential information of your candidates and positions (including, without limitation, salaries and discreet positions) and any other materials uploaded, posted, displayed or otherwise transmitted via the Programmatic Export feature.

1.2 Your Representation. While using the Programmatic Export feature, you (and anyone acting on your behalf) represent, warrant and covenant that: (i) your use the Programmatic Export feature (including, the Content that you decide to share via the Programmatic Export feature) shall be only (a) in accordance with the Agreement and these Comeet Additional Service Terms; (c) in a manner that does not infringe, misappropriate or otherwise violate any of Comeet’s rights or those of any other person or entity; and (d) in a manner consistent with Comeet’s policies; (ii) you are solely responsible and liable to comply with your own obligations under applicable laws, including privacy laws (including, without limitation, transparency requirements, to have a legal basis, legal ground and/or authorization of the data subjects to collect their data and to instruct Comeet to share such data with Third Parties and/or to execute the relevant data-agreements with such Third Parties (when required to you under applicable privacy laws)) and (iii) you shall only share with Comeet correct and accurate details of the credentials of Third Parties. You are solely responsible and liable to ensure that any Third Party network, operating system, servers, databases, and computer systems for which you instruct Comeet to transfer Programmatic Export Feature Content (through the Programmatic Export) is properly configured to secure such Content.

2.1 AI Assistant Feature. Comeet may provide you with Comeet AI assistant (“AI assistant”) as tools and/or features to: (i) perform different language-generation tasks, including, without limitation, writing and rewriting job descriptions, email templates and other text; (ii) create suitable relevant questions for interviews (collectively, the “Text”); and (iii) other future features that Comeet may develop.

2.2 OpenAI. Comeet AI assistant uses OpenAI LLC (“OpenAI”) language-generation model (“GPT”). You agree that the use of OpenAI is subject to OpenAI’s applicable terms and policies, including, without limitation, the Terms of Use, which can be found here, Sharing and Publication Policy and the Usage Polices. And you may not use this AI assistance, tool, feature and/or create or share Text in a manner that violates any OpenAI policies. Comeet encourages you to become familiar with such terms and policies before you make use of any such AI assistance tools and features. You acknowledge that any Text or output may not be unique and that GPT may generate the same or similar Text or output to a third party.

2.3 Use. By using the AI assistant, you agree that Comeet will share some data and information with OpenAI (the input) to create, rewrite and/or generate output (e.g., the Text) and you agree to OpenAI processing your data in accordance with their data processing terms and security policies (see more information above). You represent, warrant and covenant that you own or have acquired all the necessary permissions and rights to do so, and that you have not and will not infringe, misappropriate or violate third party rights (including without limitation Intellectual Property Rights, and proprietary or privacy rights) and/or applicable laws and regulations while using the AI assistant. You shall be solely responsible for the outputs, the use of the outputs and deliverables created through the AI assistant and the consequences of such use. Comeet recommends you evaluate the accuracy and fitness of any output and carefully review, and vet the outputs and deliverables created through the AI assistant, as you would do with any tip, recommendation and/or suggestion that incorporates material which was not originated by you. Furthermore, you shall not make use of the output without human intervention and/or to make any automatic decision making, including profiling. In addition, you cannot represent that the output from the services was human-generated when it is not human-generated. The use of the AI assistant is at your own discretion and risk.

2.4 Intellectual Property. By using the AI assistant, you hereby grant Comeet a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sublicensable and transferable license to use, process, reproduce, distribute, adapt, transform, prepare derivative works of, display, and perform the Text (both the input and the output) in order to provide and improve Comeet’s products and services.

2.5 Warranty Disclaimers. YOU HEREBY UNDERSTAND AND ACKNOWLEDGE THAT WHEN ACCESSING AND/OR USING THE SERVICES AND/OR USING AI ASSISTANT AND/OR CREATING THE TEXT: (I) YOU SHALL BE SOLELY RESPONSIBLE AND LIABLE FOR YOUR TEXT AND THE OUTPUT AND THE CONSEQUENCES OF CREATING, USING, OR SHARING THEM; (II) YOU MAY BE EXPOSED TO TEXT FROM A VARIETY OF SOURCES; (III) COMEET IS NOT RESPONSIBLE AND TAKES NO LIABILITY FOR THE ACCURACY, USEFULNESS, INTEGRITY, LAWFULNESS, TITLE OR INFRINGEMENT, FUNCTIONALITY OR INTELLECTUAL PROPERTY RIGHTS OF, OR RELATING TO, SUCH TEXT AND/OR THE OUTPUT; AND (IV) THE AI ASSISTANT AND THE TEXT ARE PROVIDED “AS IS” AND ”AS AVAILABLE“ AND USE OF THE AI ASSISTANT AND THE TEXT IS AT YOUR SOLE RISK AND FREE WILL. YOU HEREBY AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU MAY HAVE AGAINST COMEET WITH RESPECT TO THE AI ASSISTANT AND/OR TEXT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, COMEET EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

2.6 Indemnification. You hereby agree to fully defend, indemnify, and hold harmless Comeet and its respective affiliates, officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including, but not limited to, reasonable attorney’s fees) arising from: (i) your use of the AI assistant; (ii) the Text that you allow Comeet to use in the context of the AI assurance and your use of the outputs; and/or (iii) your violation of third party rights or breach applicable laws.

3.1 Comeet allows you to make use and leverage some features and tools offered by Spark Hire (including, without limitation, videos, recordings, automated reference checks, behavioral tests and skills assessments and the provision of SMS services). Given you will be using these services, tools and features for employment related purposes, you agree to comply with any and all applicable laws (including, without limitation, privacy and employment laws) when implementing and making use of such tools. You shall have all rights, consents and legal bases and legal grounds to collect, use, process and transfer the data in this context. Please note that the use of this feature is not mandatory and you are solely responsible for your own use of such tools. These tools and features are provided “AS IS” and “AS AVAILABLE”. See more information in Spark Hire’s Terms of Use and Privacy and Security Policy.

4.1 Contact us. If you have any question regarding any of the terms of the Additional Services described here, feel free to contact your account manager and/or to send a request to Comeet to support@comeet.co.