Harness AI Development Assistant (AIDA) Terms

These Harness AI Development Assistant Terms ("AIDA Terms") is a legal agreement between you (referred to as "User" or "you") and Harness Inc. (referred to as "Harness" or "we"), that governs your use of AIDA. By accessing or using AIDA, you agree to be bound by the AIDA Terms, along with the Underlying Terms and Privacy Policy (collectively, the “Agreement”). 

‍

Capitalized terms not defined here have their respective meanings given in the Underlying Terms. 

1. Grant of License. Subject to your compliance with the terms of the Agreement, Harness grants you a non-exclusive, non-transferable license to access and use AIDA for your internal business purposes during the term of the Underlying Agreement.  This license is limited to the use of AIDA as provided within the Software, and does not grant you any ownership rights or intellectual property rights in AIDA. 

2. Use Restrictions and Responsibility. You agree that you will not: a) reverse engineer, decompile, or disassemble AIDA or attempt to derive the source code from it, b) use AIDA to create a competing product or service or for any unlawful or unauthorized purpose, c) remove, alter, or obscure any copyright, trademark, or other proprietary notices contained within AIDA, d) use AIDA to transmit or process Submissions that contain Prohibited Data. You are solely responsible for ensuring that your use of AIDA complies with all applicable laws, the internal policies of your company, regulations, and third-party rights.  Harness may terminate or suspend your access to AIDA in the event you violate the AIDA Terms, in its sole discretion.

3. AIDA.  AIDA may utilize multiple generative AI systems, including those from third parties, to generate Output.  These systems may include various models, algorithms, and datasets. As a result, the Output generated by AIDA may incorporate contributions from different sources. Harness is not responsible for such third parties’ acts or omissions in relation to the processing of Submissions, or generation of Output. 

‍

4. Ownership of Submissions. Harness does not claim any ownership rights in the Submissions. You retain ownership of any confidential information within the Submissions. 
   a. AIDA, the Software, Content, and all associated intellectual property rights are owned by Harness or its licensors. 
   b. You retain ownership of the Submissions, subject to the license grant in Section 1. 
   c. By using AIDA, you grant Harness a worldwide, royalty-free, non-exclusive license to use, reproduce, modify, and distribute your Submissions for the purpose of providing AIDA and related services. You also understand and agree that the processing of any Submissions through AIDA (i) will result in machine learning that enables Harness products, services, and technology to improve their performance over time as they process more data (“Machine Learning”), and (ii) AIDA will produce analysis, data and/or reports that derive from and/or relate to the Submissions you provide (“Analysis Data”). Harness is free to use, in any manner, for any purpose in connection with its business, the Machine Learning, and all Analysis Data produced as a result of your use of AIDA. 

5. Responsibility for Use of AIDA. You retain all responsibility for Your Submissions, including Submissions that contain code. It is entirely your decision whether to use the Output generated by AIDA. If you use the Output, Harness strongly recommends that you have reasonable policies and practices in place designed to prevent the use of Output in a way that may violate the rights of others, your internal policies, or applicable law. This includes, but is not limited to, using any available filtering features in AIDA.

6. Acceptable Use. Your use of AIDA is subject to the Acceptable Use Policy. For example, you may not prompt AIDA with Submissions that are unlawful or otherwise prohibited by the Acceptable Use Policy, and you may not use AIDA to generate Output whose use you know (or reasonably should know) would be unlawful or would infringe on the rights of others. 

7. Disclaimer.  AIDA is offered “as is” without any warranties, expressed or implied and Harness makes no representations or warranties or guarantees regarding the accuracy, reliability, or performance of AIDA features or the Output.  Output is based on patterns and probabilities, not certainty and may inadvertently be biased or unfair. Harness will not be responsible or liable for any errors, omissions, or inaccuracies in AIDA or the Output. 

8. Beta Services.  Unless otherwise communicated by Harness, AIDA is a Beta Service subject to the Beta Services terms in the Underlying Terms. 

9. Limitation of Liability.  To the maximum extent permitted by applicable law, Harness shall not be liable for any direct, indirect, incidental, consequential, or special damages arising out of or in connection with the use or inability to use AIDA, including but not limited to the loss of profits, data, or business opportunities.  

10. Data. AIDA may transmit your Submissions to Harness or other third parties in order to provide Output to you. A Submission is only transmitted in real-time to return Output, and is discarded once Output is returned. More detailed information of how data is processed by AIDA is in the AIDA Privacy Overview available at https://www.harness.io/legal/AIDA-Privacy. You acknowledge and agree that AIDA may process and analyze data provided by you or generated through its use. Harness will process and protect your data in accordance with the Underlying Terms and Privacy Policy.

11. Updates. Harness may, at its sole discretion, release updates, upgrades, or new versions of AIDA or AIDA Terms. Your continued use of AIDA after such updates will constitute acceptance of the updated terms.  

12. Definitions. 
    A. “Acceptable Use Policies” means the Harness Acceptable Use Policies available at https://www.harness.io/legal/aup. 
    B. “Content” means text, data, software, images, and any other materials that are displayed or otherwise made available through the Software. 
    C. “Privacy Policy” means the policy located at https://www.harness.io/legal/privacy. 
    D. “Prohibited Data” means: (a) special categories of data enumerated in European Union Regulation 2016/679, Article 9(1) or any successor legislation; (b) patient, medical, or other protected health information regulated by the Health Insurance Portability and Accountability Act (as amended and supplemented) (“HIPAA”); (c) credit, debit, or other payment card data or financial account information, including bank account numbers or other personally identifiable financial information; (d) social security numbers, driver’s license numbers, or other government identification numbers; (e) other information subject to regulation or protection under specific laws such as the Children’s Online Privacy Protection Act or Gramm-Leach-Bliley Act (“GLBA”) (or related rules or regulations); or (f) any data similar to the above protected under foreign or domestic laws.
    E. "AIDA" refers to the Harness AI Development Assistant that contains generative artificial intelligence functionality provided by Harness as part of the Software, which enables the generation of information, Content, data, or other Outputs. 
    F. "Software" refers to the Software-as-a-Service platform provided by the Provider, including any associated software, services, applications, or APIs.
    G. “Submission” refers to the inputs, prompts, requests, or queries made by the User to AIDA in order to generate Output. 
    H. “Underlying Terms” means the Harness Subscription Terms located at https://www.harness.io/legal/subscription-terms, or other agreement for the Software entered into by you and Harness. 
    I. “Output” means the information, data, functions, code and other details returned to you by AIDA in response to a Submission.

Updated June 2023