Effective as of May 5, 2024
These Additional Terms, together with our Acceptable Use Policy (located at https://www.blinkist.com/acceptable-use-policy) govern your use of generative AI features on our Platform and Services and are incorporated by reference into the Blinkist Terms of Service (located at https://www.blinkist.com/en/tos, referred to as the "Blinkist TOS"). These Additional Terms, the Acceptable Use Policy and the Blinkist TOS are collectively referred to as "Terms". Capitalized terms not defined here have the same meaning as defined in the Blinkist TOS.
We may occasionally offer free-of-charge AI Features, mainly for testing purposes, for a certain period of time ("Free AI Features"). We determine, at our sole discretion, if you may access a Free AI Feature.
By purchasing an additional paid subscription, you can access our "Paid AI Features" (Free and Paid AI Features are collectively referred to as "Generative AI Features"). You submit a legally binding offer for a paid subscription to our Paid AI Features by entering the information requested in the online order form during the checkout process and clicking on the "Order with obligation to pay" (or similar) button, or by executing a corresponding Order Form.
Please note that our Generative AI Features are currently only available in a beta version, which is still undergoing final testing before its broader release. The Generative AI Features are provided on an "as is" and "as available" basis. Blinkist does not give any warranties, whether express or implied, as to the suitability or usability of the Generative AI Features. Blinkist will not be liable for any loss, whether such loss is direct, indirect, special or consequential, suffered by any party as a result of their use of the Generative AI Features. Any downloading or uploading of material to the Generative AI Features is done at your own risk and you will be solely responsible for any damage to any computer system or loss of data that results from such activities. Should you encounter any bugs, glitches, lack of functionality or other problems while using our Generative AI Features, please contact our support and log a ticket.
We may provide you with the possibility to use our Generative AI Features through third-party services (e.g. WhatsApp). In this case, additional terms and conditions of these third-party providers may apply.
Both your and our termination rights are governed by the Blinkist TOS. Additionally, we reserve the right to limit, disable, suspend, or terminate your right to use or access Generative AI features at any time in our sole discretion without prior notice to you. In case we cancel a Paid AI Feature during an active subscription term, we will refund a pro rata share of any fees already paid by you.
The use of our Generative AI features may allow you to input or upload various forms of content, including audio files, video files, documents, website links, or text (referred to collectively as "Input"), via our Platform, Services, as well as via other third-party services. This Input will serve as the basis for the Generative AI features to produce an output, such as text, images, audio files, or video files, which will then be made available to you (referred to as "Output"). The Generative AI features, Input, and Output must be used in accordance with these Terms. We reserve the right, at our sole discretion, to automatically restrict your Input or Output if we suspect that they infringe upon the rights of a third party, breach applicable laws, or violate the Terms.
You are solely responsible for your Input. You must not submit any Input that: (a) incorporates trademarks or other materials protected by third-party Intellectual Property Rights, unless you have sufficient rights in such materials; (b) aims to produce Output that closely resembles a copyrighted work of a third party or is otherwise subject to by third-party Intellectual Property Rights, unless you have sufficient rights in such work; (c) violates applicable law; or (d) violates these Terms.
As between you and us, and to the extent permitted by applicable law, you retain your ownership rights in Input.
You are solely responsible for the creation and use of the Output, ensuring it complies with our Terms. We disclaim all warranties, express or implied, regarding the Output, including any implied warranties that the Output will not violate the rights of a third party or any applicable law.
As between you and us, and to the extent permitted by applicable law, you own the Output. We hereby assign to you all our right, title, and interest, if any, in and to Output.
Due to the nature of our Services and artificial intelligence generally, Output may not be unique and other users may receive similar Output from our Services. Our assignment above does not extend to other users' Output or any third-party Output. Using generative AI features might result in Output that is not suitable for some users.
We may use Input and Output to provide, maintain, develop, and improve our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. For this, you grant us a non-exclusive, perpetual, irrevocable, worldwide, royalty-free license to use, reproduce, distribute, modify, sublicense, create derivative works based on, publicly display, publicly perform, or translate both the submitted Input and any corresponding Outputs for any purpose. We advise you once again that you must ensure that you have the appropriate rights to your Input before entering it to Generative AI features. If in doubt, please consult legal counsel.
If you use the generative AI features to process personal data, you must (a) provide legally adequate privacy notices and obtain necessary consents for the processing of personal data by the generative AI features, (b) process personal data in accordance with applicable law, and (c) if processing "Personal Data" or "Personal Information" as a Controller as defined under applicable data protection laws, execute our Data Processing Addendum (available at https://www.blinkist.com/business/customer-dpa).
You agree not to use the Services to create, receive, maintain, transmit, or otherwise provide for processing any sensitive information that includes or constitutes "Protected Health Information", as defined under the HIPAA Privacy Rule (45 C.F.R. Section 160.103), financial information, or other sensitive information that is similarly regulated.