CleverAI™️ Terms & Disclaimer
Understand terms governing the responsible use of CleverAI™️ features for generating and managing marketing content.
Overview
The terms listed in this document govern AI‑enabled features within the CleverTap platform that allow customers to generate images, videos, creatives, and other content using third‑party generative AI models (“AI Features”). These terms are intended to operate in addition to, and where stated override, the applicable Terms of Service available at https://clevertap.com/terms-service or the Master Subscription Services Agreement (“MSSA”) as the case may be.
Glossary
- “AI Features” means functionality within the CleverTap platform that generates, edits, analyzes, or transforms content using machine‑learning or generative artificial intelligence models provided by third parties.
- “AI Disclosure Label” means a visual, textual, or machine-readable identifier indicating that content has been generated or materially modified using artificial intelligence.
- “Input” means any data, content, text, images, prompts, instructions, or materials submitted by the customer or its authorized users to the AI Features.
- “Output” means any content, including images, videos, creatives, or text, generated or returned by the AI Features in response to Inputs.
- “Synthetically Generated Information (SGI)” means any information, image, audio, video, or other content that is generated, modified, or manipulated using artificial intelligence, machine-learning models, or algorithmic techniques in a manner that could reasonably appear authentic or depict real persons, objects, or events.
- “Third‑Party AI Providers” means OpenAI, Google, Nano Banana, and any other third‑party providers whose AI models or services are integrated into the CleverTap platform for the provision of AI Features and related services.
Scope and Nature of AI Features
- Optional & Evolving. AI Features are optional and may be enabled, modified, suspended, or discontinued by CleverTap at any time.
- Third‑Party Dependency. Outputs are generated using models operated by Third‑Party AI Providers and are not created or authored by CleverTap.
- No Accuracy Guarantee. Outputs may be inaccurate, incomplete, misleading, non‑unique, or unsuitable for the customer’s intended use.
- AI-Generated Content Identification. Certain Outputs generated through AI Features may constitute Synthetically Generated Information (SGI).
- Preservation of Labels. Customer shall not remove, obscure, alter, or interfere with any AI disclosure labels, metadata, or technical indicators applied by CleverTap to Outputs.
Customer Responsibilities
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Inputs
Customer is solely responsible for all Inputs and represents that it has all necessary rights, permissions, and consents to submit such Inputs.
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Human Review
Customer must independently review, validate, and approve all Outputs before publishing, distributing, or relying on them.
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High-Risk Use Prohibited
Outputs shall not be used as the sole basis for legal, medical, financial, employment, or other high‑risk decisions.
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AI Content Disclosure Obligations
Customer is responsible for ensuring that any publication, distribution, or public use of Outputs complies with applicable laws regarding synthetic or AI-generated content, including requirements to disclose that such content is generated using artificial intelligence.
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Declaration of Synthetic Content
Where applicable, Customer shall accurately indicate when content generated using AI Features is synthetic or AI-generated and shall not misrepresent such content as entirely human-created where disclosure is required by law or platform policy.
Unacceptable Use (AI-Specific)
Customer shall not use AI Features to:
- Generate unlawful, deceptive, or fraudulent content;
- Infringe intellectual property, privacy, or publicity rights;
- Bypass or interfere with safety controls; - generate malware or harmful code;
- Create content involving sexual exploitation of minors, extreme violence, or hate speech; or violate or cause to violate Third‑Party AI Provider policies.
- Create deepfake or synthetic media impersonating an individual without authorization.
- Generate synthetic content intended to deceive users regarding the authenticity of persons, events, records, or communications.
- Generate non-consensual intimate imagery or manipulated intimate content.
- Remove or manipulate AI-origin disclosure labels or metadata.
- Create synthetic content that violates applicable laws relating to misinformation, impersonation, or fraud.
Third-Party AI Terms
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Incorporation
Use of AI Features is subject to the applicable terms, usage policies, and restrictions imposed by Third‑Party AI Providers, as updated from time to time.
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Conflict
In the event of a conflict between CleverTap terms and Third‑Party AI Provider terms, the more restrictive requirement shall apply.
Brand Usage & Ownership Disclaimer
- Outputs may resemble existing brands, styles, or content generated by or associated with third parties.
- All trademarks, logos, brand elements, and proprietary materials remain the property of their respective owners.
- CleverTap does not grant any clearance, license, or approval for brand usage.
- Customer is solely responsible for ensuring compliance with brand usage guidelines and clearance of any third‑party rights.
Intellectual Property
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Inputs
Customer retains ownership of Inputs.
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Outputs
As between Customer and CleverTap, Customer owns Outputs to the extent permitted by applicable law and Third‑Party AI Provider's terms. CleverTap makes no representation that Outputs are non‑infringing, unique, or exclusively attributable to Customer.
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CleverTap IP
CleverTap retains all rights in its platform, orchestration layer, workflows, prompt templates, integrations, and AI routing logic, etc.
AI Transparency & EU Disclosure
Where required by applicable law (including EU consumer protection and AI transparency requirements), Outputs may need to be disclosed as “Generated with AI” or “AI‑Generated” when published or distributed.
CleverTap does not guarantee compliance with jurisdiction‑specific AI labeling or disclosure obligations. Customer bears sole responsibility for such compliance.
CleverTap does not guarantee that the application of such labels alone will satisfy all legal obligations, and Customer remains responsible for ensuring compliance with applicable laws, including but not limited to transparency, labeling, or disclosure requirements etc.
Data, Privacy & Processing Location
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Transmission
Inputs and Outputs may be transmitted to and processed by Third‑Party AI Providers solely for the purpose of generating Outputs.
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Data Location
Processing may occur in multiple jurisdictions, including outside the customer’s country of residence, using global cloud infrastructure.
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Personal Data
Customer shall not submit personal data to AI Features except as permitted under the CleverTap Data Processing Agreement and applicable law.
Data Usage for Model Improvement
Notwithstanding anything to the contrary in the MSSA or other agreements:
CleverTap may use Inputs, prompts, metadata, and usage data relating to AI Features in an aggregated and anonymized manner to operate, maintain, improve, and train its AI systems and features, subject to applicable data protection laws.
Disclaimers
AI Features and Outputs are provided “AS IS” and “AS AVAILABLE”.
CleverTap expressly disclaims all warranties, including warranties of accuracy, non‑infringement, merchantability, and fitness for a particular purpose.
AI-generated Outputs may contain synthetic representations of persons, brands, or events and may resemble real-world individuals or entities. Customer is solely responsible for ensuring that any use of such Outputs does not infringe third-party rights or create misleading impressions regarding authenticity.
Limitation of Liability
To the maximum extent permitted by law, CleverTap shall not be liable for:
- Reliance on Outputs
- Errors, hallucinations, omissions, or non‑uniqueness of Outputs
- Acts or omissions of Third‑Party AI Providers
Indemnity
Customer shall indemnify and hold harmless CleverTap from any claims, losses, damages, or liabilities arising from: Inputs; use or publication of Outputs; or violation of applicable law or Third‑Party AI Provider terms.
Precedence & Updates
These AI‑specific terms prevail over conflicting provisions of the applicable Terms of Use/MSSA solely with respect to AI Features.
CleverTap may update these terms to reflect changes in law, technology, or provider requirements. Continued use of AI Features constitutes acceptance.
Updated about 3 hours ago
