Effective Date: August, 2025
BY ACCEPTING THESE Vegas Karts AI TERMS ("AI TERMS"), INDICATING YOUR ACCEPTANCE, EXECUTING A SALES ORDER OR ANY OTHER DOCUMENT THAT REFERENCES THESE AI TERMS, OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE Vegas Karts GENERATIVE ARTIFICIAL INTELLIGENCE PRODUCTS OR SERVICES ("Vegas Karts AI"), YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF Vegas Karts AI, YOU AGREE TO BE BOUND BY THE FOLLOWING TERMS AND CONDITIONS, INCLUDING Vegas Karts'S PRIVACY NOTICE. IF YOU ARE NOT ELIGIBLE OR DO NOT AGREE TO THE AI TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE Vegas Karts AI. YOUR USE OF Vegas Karts AI, AND Vegas Karts'S PROVISION OF Vegas Karts AI TO YOU, CONSTITUTES AN AGREEMENT BY Vegas Karts AND BY YOU TO BE BOUND BY THESE TERMS.
These AI Terms dated as of August 1st, 2025 (the "Effective Date") between the ("you" or "Customer") and Vegas Karts, Inc. ("Vegas Karts," "we," or "us") regarding Your use of Vegas Karts's generative artificial intelligence product or service (the "Vegas Karts AI"). These AI Terms are subject to and supplement, but do not limit or subrogate, the applicable agreement(s) governing Your use of the Vegas Karts Platform or Services, which may include Vegas Karts's Enterprise Terms of Use, Individual Terms of Use, India Enterprise Terms of Use, or India Individual Terms of Use (collectively, and together with these AI Terms, the "Terms"). All capitalized terms used but not defined herein have the meaning set forth in the applicable Terms. If any term of these AI Terms conflicts with the Terms, these AI Terms will control.
Customer acknowledges that aspects of the Service may be powered by Vegas Karts's proprietary or third-party generative artificial intelligence models ("Generative AI") and may include the generation of output ("Output") based on data, information, or other content You provide the Vegas Karts AI ("Input"). Generative AI is an experimental technology that uses probabilistic models to examine data and generate Output in response to queries. Generative AI has been known to produce false, inaccurate, incomplete, misleading, or "hallucinatory" output that may not be easily detectable. The Service does not provide professional advice, and any Output is provided for informational purposes only and is not a substitute for advice from a qualified professional. Customer is solely responsible for independently verifying all Output considering applicable circumstances and is solely responsible for its and its licensees', affiliates', customers', and Users' use of Outputs.
Customer hereby grants to Vegas Karts a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use all Inputs and Outputs to provide the Services, including the Vegas Karts AI, and for purposes of analytics, product development and enhancement, and training of artificial intelligence and machine learning models and algorithms. Customer acknowledges that all Output generated by the Vegas Karts AI is a product of machine learning technologies and may bear similarities to or may be identical to Outputs provided to other Vegas Karts AI users. Customer should be aware that Outputs may contain inaccuracies, incomplete, or false information. All Outputs are provided "AS IS," without any warranties of any kind and are not subject to any infringement defense set forth in the applicable Terms.
As applicable, Customer's learner handle, session ID, timestamps, and other metadata related to the use of the Vegas Karts AI will be considered "Aggregated Statistical Information" as defined in the Terms.
While interacting with the Vegas Karts AI, in addition to the prohibited conduct set forth in the Terms, You agree not to:
4.1 represent that any Output was human-generated;
4.2 automatically or programmatically extract data or Output;
4.3 change the intended purpose of any feature of the Vegas Karts AI, or otherwise use such feature in a way that can cause harm to individuals or interfere with their rights and freedoms in a disproportionate manner;
4.4 upload, post, transmit, or otherwise make available to the Vegas Karts AI as Input any content that Customer: (a) knows or reasonably should know is unlawful, harmful, threatening, abusive, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable, or otherwise engage in conduct that results in the targeted or systematic harassment, bullying or shaming of others, including the promotion or encouragement of suicide or self-harm; (b) or does not have a right to make available under any applicable law or under contractual or fiduciary relationships, or that infringes any patent, trademark, trade secret, copyright or other proprietary rights; or
4.5 collect, process, or store any Sensitive Personal Data (defined below) using the Vegas Karts AI, nor make such data available to Vegas Karts or its third-party providers. "Sensitive Personal Data" includes an individual's financial information, sexual preferences, medical or health information protected under health data protection laws, biometric data (for uniquely identifying an individual), personal information of children protected under child protection laws (such as the US Children's Online Privacy Protection Act ("COPPA")), and any additional types of information classified similarly (such as "sensitive personal information", "Persona; Information" or "special categories of personal information"), as used in applicable data protection or privacy laws.
THE FOLLOWING DISCLAIMERS ARE IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE TERMS.
5.1 Vegas Karts AI USES EXPERIMENTAL TECHNOLOGY AND MAY SOMETIMES PROVIDE INACCURATE OR OFFENSIVE CONTENT THAT DOESN'T REPRESENT Vegas Karts'S VIEWS. Vegas Karts AI MAY PRODUCE OUTPUTS THAT ARE RISKY OR POTENTIALLY HARMFUL. USE DISCRETION BEFORE RELYING ON, PUBLISHING, OR OTHERWISE USING ANY OUTPUTS. DO NOT RELY ON Vegas Karts AI FOR ANY MEDICAL, HEALTH, SAFETY, LEGAL, FINANCIAL, OR OTHER PROFESSIONAL ADVICE. ANY OUTPUT REGARDING THOSE TOPICS IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND IS NOT A SUBSTITUTE FOR ADVICE FROM A QUALIFIED PROFESSIONAL.
5.2 GIVEN THE NATURE OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING, USE OF Vegas Karts AI MAY RESULT IN INCORRECT OUTPUTS, OR OUTPUTS THAT DO NOT ACCURATELY REFLECT REAL PEOPLE, PLACES, OR FACTS. YOU SHOULD INDEPENDENTLY EVALUATE THE ACCURACY OF ANY OUTPUT AS APPROPRIATE, AND YOU SHOULD NOT RELY ON THE ACCURACY OF ANY OUTPUT.
5.3 YOUR USE OF Vegas Karts AI IS AT YOUR SOLE RISK, AND Vegas Karts IS NOT LIABLE FOR ANY OUTPUTS OR INPUTS, OR ANY STATEMENTS, REPRESENTATIONS, DEFAMATION, SLANDER, LIBEL, OMISSIONS, FALSEHOODS, OBSCENITY, PORNOGRAPHY, PROFANITY, OR OTHER TYPES OF CONTENT THAT YOU MAY ENCOUNTER WHILE USING Vegas Karts AI.
To the fullest extent permitted by law Customer will indemnify, defend, and hold harmless Vegas Karts and its directors, officers, employees, agents, and Affiliates (the "Vegas Karts Indemnitees") from and against any and all third-party claims, actions and demands arising out of or based upon: (1) any act or omission by Customer, its Users or any employee, agent, or contractor of Customer (each, a "Customer Party") in violation of applicable usage restrictions; or (2) any Customer Party's use of Output, including, without limitation, those alleging a Customer Party's Use of Output infringes or misappropriates the intellectual property rights of a third party or violates applicable law.
7.1 Vegas Karts WILL HAVE NO LIABILITY FOR ANY INFRINGEMENT CLAIM OF ANY KIND TO THE EXTENT ARISING OUT OF OR RESULTING FROM OUTPUT.
7.2 EXCEPT FOR CUSTOMER'S BREACH OF APPLICABLE USE RESTRICTIONS OR INDEMNIFICATION OBLIGATIONS, IN NO EVENT WILL EITHER PARTY BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR RELATED TO THE TERMS, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.3 EXCEPT FOR INSTANCES ARISING FROM (I) A PARTY'S INDEMNIFICATION OBLIGATIONS UNDER THE TERMS, (II) CUSTOMER'S BREACH OF APPLICABLE USE RESTRICTIONS, OR (III) A PARTY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, IN NO EVENT WILL THE AGGREGATE LIABILITY OF EITHER PARTY ARISING OUT OF OR RELATING TO THE TERMS EXCEED THE AMOUNT OF FEES PAID OR PAYABLE FOR THE THREE (3)-MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH LIABILITY AROSE.
Your access to the Vegas Karts AI and related features is granted at Vegas Karts's sole discretion. Vegas Karts may cancel or modify these AI Terms as they apply to your access to and use of the Vegas Karts AI at any time, without prior notice and without liability to You. These AI Terms will remain in effect from the Effective Date until termination by Vegas Karts.