These Align AI Terms (“AI Terms”) govern your use of features and functionality in Align’s Services that utilize generative artificial intelligence (the “AI Features”). These AI Terms are incorporated into Align Technologies, Corp.’s (“Align”) Terms and Conditions, found at https://aligntoday.com/terms-of-service/, and any other agreements between you and Align that govern your use of Align’s Services (collectively, the “Service Terms”).

1. Align AI

The AI Features are currently powered by OpenAI and its ChatGPT large language model. However, the third party AI provider and large language model used by Align to power the AI Features may change from time to time. You may opt out of using the AI Features at any time through the company profile settings in your Align account. 

2. Input and Output

You may provide or make available prompts, data, text, or other input to be processed by the AI Features (“Input”) and receive data generated and returned by the AI Features based on the Input (“Output”). Input processed by the AI Features and the resulting Output is considered part of the content you submit through Align’s Services (your “Content”) and subject to the Service Terms. You retain ownership of any Input you provide, but grant Align and its third-party AI providers a limited license to process, store, transmit and use the Input as necessary solely to provide the AI Features and generate the corresponding Output.

3. Use Restrictions and Third-Party AI Provider Requirements

When you use the AI Features, you are solely responsible for the development, content, operation, maintenance, and use of your Content. You will ensure, and you represent and warrant, that Input and your use of the AI Features and Output will not violate any applicable law or Align’s terms of service, including these AI Terms, as updated from time to time. In addition, you have reviewed and agree to comply with the applicable third-party AI provider terms and policies, as they may be updated from time to time, and which are incorporated into these AI Terms by reference.

4. Disclaimer and Limitations

You acknowledge and understand that the Output generated by the AI Features may contain errors, inaccuracies, or inconsistencies, and may not be unique across users. The AI Features may have limitations in their ability to retrieve new data in real-time, so Output may not reflect events after the AI model training cutoff dates. You should not rely on the Output without verifying its accuracy and suitability for your use case. Align makes no representations about the accuracy, reliability or quality of Output.

Furthermore, you expressly acknowledge and understand that your use of the AI Features involves providing input data (such as text, images, or other content) which is processed by a third-party AI provider. Align’s current third party AI provider expressly states it does not use such input data to further train or improve its large language models and other AI systems (https://openai.com/enterprise-privacy/) and Align will always strive to partner with third party AI providers who similarly do not use your input data for such purposes. Nonetheless, it is your responsibility to review the third-party AI provider’s policies regarding their handling of input data. By using the AI Features, you acknowledge and agree that Align has no liability to you for any claims arising from your input being incorporated into the third-party’s large language models or other AI training data, should the third-party provider’s practices or policies change. Align further expressly disclaims all warranties and liabilities related to the use of your input data by any such third party AI provider.

5. Suspension and Service Levels

Align may suspend or terminate your access to AI Features: (a) per third-party provider requirements, (b) if you violate these AI Terms or Align’s Service Terms, or (c) if restricted by laws or regulations.The AI Features are provided “as-is” without service level commitments or uptime guarantees.

6. Modifications

Align reserves the right to modify these AI Terms with notice of material changes. Your continued use of Align’s AI Features constitutes acceptance of updated AI Terms.  

These AI Terms are incorporated into your Service Terms. For any conflicts regarding the AI Feature usage, these AI Terms will control.