AI Terms of Service

Version 1.0 – February 2026

Aptible AI Terms and Conditions

These Aptible AI Terms and Conditions (AI Terms) are between Aptible, Inc., (Aptible) and You (You, or Customer) and govern your use of features on the Services that are artificial intelligence-powered or utilize machine learning or similar technologies, including when Aptible provides managed AI infrastructure services (AI Product). The AI Terms form an integral part of the Aptible Terms of Service (TOS) in relation to your use of the AI Product and are hereby incorporated by reference.

Defined terms used but not defined herein shall have meaning as defined in the Agreement. In the event of any conflict between the AI Terms, the TOS, and any Master Services Agreement (MSA) with relation to use of AI Product, these AI Terms shall prevail.

By accessing or using the AI Product, Customer hereby acknowledges that it has read and understood these AI Terms and agrees to be bound by them, in addition to any other terms and conditions to which Customer has agreed. If the Customer does not agree to these AI Terms, the customer may not use the AI Product.

Beta Access

Your use of the AI Product may be considered beta testing, and as such, made available to you on a temporary and limited basis as a Beta Tester. Beta Testers will have access to the AI Product until the written notice of termination by Aptible, which may be provided at any time and at Aptible's sole discretion (Beta Period). Aptible reserves the right to terminate or modify Beta Tester's access to the AI Product at any time, in its sole discretion.

Beta Testers have the right to opt out of participating in the beta testing program and providing your personal information. Beta Testers may withdraw their consent at any time by ceasing to use the AI Product and contacting the Company to request the deletion of their personal information.

If you are a Beta Tester of the AI Product, you understand that the AI Product is not a generally available offering, is provided solely for evaluation purposes, and may be incomplete, inoperable, unreliable, or contain errors, defects, or vulnerabilities.

All Beta Tester use of AI Products are provided “as is,” “as available,” and with all faults, without any warranties of any kind. To the maximum extent permitted by applicable law, Aptible expressly disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, reliability, security, availability, or that operation will be uninterrupted or error-free. You acknowledge and agree that use of AI Products as a Beta Tester is entirely at your sole risk. Without limiting the foregoing, Aptible shall have no liability whatsoever arising out of or relating to any Beta Tester use of AI Product, including without limitation any claims for direct, indirect, incidental, consequential, special, exemplary, or punitive damages, loss of data, loss of profits, business interruption, or procurement of substitute goods or services, regardless of the theory of liability and even if Aptible has been advised of the possibility of such damages. Customer further acknowledges that Beta Tester use of AI Products may be modified, suspended, or discontinued at any time without notice or liability.

Transition to Commercial Release for Beta Testers

Beta Testers will be notified in advance of the official release date of the commercially available version of the AI Product. At that time, Beta Testers will have the option to opt out of continuing to use the AI Product or to transition to the commercially available version under the terms and pricing determined by Aptible.

Deployment Models

The AI Product may be deployed in one of two models, as specified in your Order Form or MSA:

Managed Deployment: Aptible hosts and manages the AI infrastructure on behalf of Customer,  in a secure, HIPAA-compliant environment as defined in the Terms of Service Under this model, Aptible is responsible for securing AI services and ensuring compliance with applicable regulations.

Self-Hosted Deployment: Customer deploys and manages the AI Product within their own environment. Under this model, Customer is responsible for all aspects of security, compliance, and operation.

Different terms, responsibilities, and liabilities apply to each deployment model as specified throughout these AI Terms.

AI Provider Processing

While using the AI Product, Aptible uses technology provided by third-party generative artificial intelligence service providers, including but not limited to OpenAI, LLC, Alphabet Inc., and Anthropic PBC, (AI Providers) and internal proprietary technology. You are fully responsible for compliance with AI Providers own terms of use, terms of service, or acceptable use policies.

For Managed Deployments: Aptible manages secure connections with AI Providers and implements controls to protect Customer data, including encryption, access controls, and audit logging. Aptible maintains Business Associate Agreements with AI Providers when required for HIPAA compliance.

For Self-Hosted Deployments: Customer is responsible for managing connections with AI Providers and ensuring compliance with applicable regulations.

Any Input, depending on the AI Providers and deployment configuration, may be used for model training and improvement.

Inputs and AI Outputs

You may upload or process any information through the Service (Inputs), and receive output generated by the AI Product based on the Inputs (AI Outputs, and together collectively with Inputs, the Content). You agree that you are solely responsible for the Input and for ensuring that the Content complies with applicable laws, these AI Terms, the TOS, the MSA, and any AI Provider's policies. You own all rights, title, and interest to Inputs and AI Outputs. We only utilize Inputs and AI Outputs to deliver you the AI Product and related Services.

For Non-HIPAA Use Cases: You will not include any Protected Health Information (PHI) or sensitive personal data including but not limited to racial or ethnic origin, political origins, religious or philosophical beliefs, or data concerning anyone's sex life or sexual orientation in any Inputs unless you have a HIPAA-compliant deployment configured with Aptible.

For HIPAA-Compliant Use Cases: If you have executed a Business Associate Agreement (BAA) with Aptible and are using a Managed Deployment configured for HIPAA compliance, you may process PHI through the AI Product subject to the terms of the BAA and applicable HIPAA regulations. Customer must ensure that all PHI processed through the AI Product is necessary for permitted purposes under HIPAA.

Aptible has imposed limits on the usage of the AI Product. You may be informed when you have reached the maximum number of AI Outputs for your Aptible Account.

In addition, You acknowledge and agree that:

• AI Outputs are inherently probabilistic, are based on patterns in data, and may be inaccurate, incomplete, misleading, or erroneous, and may not reflect current, correct, or complete information. AI Outputs are provided for informational and general purposes only and must not be relied upon as a substitute for professional judgment, advice, or independent verification. You acknowledge and agree that you are solely responsible for reviewing, validating, and determining the suitability and legality of any AI Output before relying on or using it, including without limitation for business, legal, financial, medical, or compliance-related purposes. To the maximum extent permitted by applicable law, Aptible disclaims all representations, warranties, and guarantees regarding the accuracy, completeness, reliability, or fitness of any AI Output, and shall have no liability arising out of or relating to your reliance on, use of, or inability to use any AI Output.

• AI Product should not be relied upon during emergencies; AI Product may claim to perform actions for you in the real world but may not have taken any action besides responding to you;

• AI Product may not generate accurate information and information provided may be out of date. You should independently verify responses or advice provided by AI Product. We do not provide any warranties or guarantees as to the accuracy of any information provided by the AI Product;

• AI Product are subject to modification and alteration, and may contain errors, design flaws, or other issues;

• Use of AI Product may result in unexpected results, loss of data or communications, or other anticipated or unanticipated damage or loss to you which we hereby claim no liability for;

• AI Product may not operate properly, be in final form, or be fully functional; your access to AI Product is not guaranteed and AI Product are provided on an AS IS basis.

Integrations

The AI Product enables you to integrate with third-party service providers with whom you have a separate agreement and subscription with (Your Service Providers). The AI Product gains access to your data contained with Your Service Providers to provide the AI Product to you. You acknowledge that the data may contain confidential, or otherwise sensitive information, and you provide such integrations at your own discretion.

You acknowledge and consent that data from Your Service Providers will be shared with Aptible, as well as AI Providers to facilitate the service. You further understand and agree that you are fully responsible for all aspects of these integrations, including compliance with Your Service Provider's respective terms and conditions, as well as applicable laws and regulations. Aptible disclaims all liability for any issues arising from such integrations, including but not limited to data breaches, unauthorized access, or data inaccuracies.

Warranty Disclaimer

In addition to the disclaimer mentioned in the agreement, the AI Product is provided to you on an 'as is' and 'as available' basis. Aptible does not provide any warranty or guarantee as to the accuracy, completeness, or reliability of the AI Outputs and does not accept any liability or responsibility arising in any way from your use of the AI Outputs or any omissions or errors contained in the AI Outputs. You are encouraged to conduct an independent evaluation, including a human review of the AI Outputs for their accuracy, completeness and reliability. You understand and agree that the use of the AI Output is at the Customer's sole risk. Aptible does not represent or warrant that the AI Product will be free from third-party interference or otherwise secure and that the AI Outputs will be free of content that infringes third-party rights including without limitation privacy and intellectual property rights.

Rights to Use

As between the parties and to the extent permitted under the applicable laws and any AI Providers terms, you are the owner of the Content and give Aptible the right to host your Content on the Aptible platform and use it to improve, enhance, and operate the Service including the AI Product.

For Non-PHI Data: Aptible may use anonymized, de-identified, and non-proprietary input and output data to improve services and for marketing purposes. Aptible ensures that it does not train models using your specific input unless you explicitly opt-in to share your data for this purpose.

For PHI Data: Aptible will not use, disclose, or permit disclosure of PHI except as permitted or required by the Business Associate Agreement and HIPAA regulations. PHI will never be used for training AI models or for marketing purposes.

Notwithstanding the foregoing, Aptible will not use PHI for model training, marketing, or any purpose except as permitted by an executed Business Associate Agreement and HIPAA regulations.

Restricted Use of AI Product

In addition to the restrictions in these AI Terms and any other agreement entered into between the Parties, you represent and warrant that you will not use the AI Product to:

Create and generate content that breaches or violates our TOS or Privacy Policy, or other agreements, including OpenAI policies found here https://openai.com/policies/usage-policies.

Reverse assemble, reverse compile, decompile, translate, or otherwise attempt to discover the source code of underlying components of models, algorithms, and systems of the AI Product;

Use the AI Product to develop foundational models or other large-scale models that compete with Aptible or AI Providers;

Mislead anyone that the Content generated is by a human."Jailbreaking", or otherwise using the AI Product in a manner it was not intended to be used.

You shall be fully responsible for its use of the AI Product. Aptible may monitor and limit or suspend your Aptible Account if Aptible believes that your usage of the AI Product has the potential to affect the security, operability, or integrity of the Aptible Service or violates the terms of the TOS and/or AI Terms.

You warrant that in the event AI Outputs generated by the AI Product include material that would violate this clause, then you will not use, distribute, or publicize those AI Outputs, and will not use them in any way.

By submitting, posting, displaying, providing, or otherwise making available any Content on or through the Services, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to us a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such Content and your name, voice, and/or likeness as contained in your Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services and our (and its successors' and affiliates') business, including without limitation in connection with modifying, improving, and enhancing artificial intelligence models, as well as promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.

Security and Privacy

Aptible employs industry-standard security measures to protect your personal information from unauthorized access, use, or disclosure. However, you acknowledge that no method of transmission over the internet or electronic storage is 100% secure and agree to use the AI Product at their own risk.

You must implement reasonable and appropriate measures designed to help secure your access to and use of the Services. If you discover any vulnerabilities or breaches related to your use of the Services, you must promptly contact us and provide details of the vulnerability or breach.

Aptible is committed to protecting the privacy and confidentiality of your personal information. By using the AI Product, you consent to the collection, use, and disclosure of their personal information as described in Aptible's Privacy Policy.

Prociessing of Personal Data

For Non-HIPAA Deployments: We do not allow the processing of Protected Health Information (PHI) in the AI Product, without a BAA.

For HIPAA-Compliant Managed Deployments: If you have executed a Business Associate Agreement (BAA) with Aptible, you may process PHI through the AI Product subject to the terms of the BAA and HIPAA regulations. To request a BAA, contact legal@aptible.com.

If you plan to use the Services to process personal data, you must notify us immediately and provide legally adequate privacy notices and obtain necessary consents for the processing of such data, and you represent to us that you are processing such data in accordance with applicable law. If you will be using Services for the processing of Personal Data as defined in the GDPR or Personal Information as defined in CCPA, please contact us to request our Data Processing Addendum.

Data Retention

Aptible will retain your personal information for the duration of the Term or Beta Period if you are a Beta Tester, and as long as necessary to fulfill the purposes outlined in the Privacy Policy. You may request the deletion of your personal information at any time by contacting us in accordance with our Privacy Policy.

Liability and Deployment Model Responsibitlities

For Managed Deployments: Aptible is responsible for the security and HIPAA compliance of the infrastructure, and AI Product as deployed. Customer remains responsible for proper use of the AI Product, accuracy of Inputs, and compliance with all applicable laws regarding the use of AI Outputs. Customer further acknowledges and accepts the risks that AI Outputs may be inaccurate, incomplete , misleading or contextually inappropriate, that Outputs may change over time, and that Outputs require appropriate human review and oversight prior to reliance or use in decision making. Customer is solely responsible for determining whether the AI Product is suitable for any specific use case, including use in regulated or high impact contexts, and for ensuring that any reliance on AI Outputs complies with applicable legal ethical and professional standards.

For Self-Hosted Deployments: Customer assumes full responsibility for deployment, configuration, security, and compliance of the AI Product. Aptible is not responsible for security incidents, compliance violations, or other issues arising from Customer's deployment, configuration, or operation of the AI Product. This includes responsibility for risks related to misconfiguration inadequate access controls insufficient logging or monitoring improper integrations model behavior changes over time unauthorized or unintended use of AI Outputs and failure to implement appropriate safeguards human oversight or compliance controls required for the Customer’s specific use cases.