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AI Disclaimer and Contractual Waiver

AI DISCLAIMER AND CONTRACTUAL WAVIER: ACCURACY, LIMITATIONS, AND POTENTIAL BIASES REGARDING USE OF HUGGING FACE AI MODELS

This contractual waiver ("Waiver") sets forth the limitations, potential biases, and accuracy disclaimers related to the use of AI models obtained from or based on the Hugging Face platform (the “AI Models"), as provided by Upstream Works Software Ltd. (the “Provider"). The information generated or services provided by these AI Models (collectively referred to as the “AI Services") are subject to the terms outlined below. By using the AI Services, the end user (“End User") agrees to the terms and conditions of this Waiver.

  1. Accuracy of Hugging Face AI Models

The End User acknowledges that:

  • No Guarantee of Accuracy: The AI Models sourced from Hugging Face and utilized by the Provider are built using machine learning techniques and trained on publicly available datasets. The Provider makes no guarantees, express or implied, regarding the accuracy, correctness, or reliability of the outputs generated by these models.
  • Data Quality and Model Training: Hugging Face AI Models are trained on large datasets from a variety of sources. The quality and relevance of the information produced are dependent on the quality of the underlying training data, which may contain inaccuracies, outdated information, or irrelevant data points.
  • Errors and Omissions: The AI Models may produce errors, incomplete results, or irrelevant responses based on the limitations of the underlying data and training processes. The End User agrees that they will independently verify any important information before relying on it for decisions.
  1. Limitations of AI Models from Hugging Face

The End User acknowledges and accepts the following limitations regarding the use of Hugging Face AI Models:

  • Generalized Outputs: The AI Models provide generalized information that may not be tailored to the End User’s specific circumstances, needs, or context. AI-generated content is not guaranteed to reflect the nuances of complex situations.
  • Non-Specific Advice: The AI Services should not be considered professional, expert, or specialized advice in areas such as law, finance, medicine, or technical matters. The End User is advised to consult a professional before making decisions based on AI-generated content.
  • Non-Real-Time Information: The AI Models do not access real-time data and are unable to provide current or up-to-the-minute information. Outputs may be based on outdated or static data sources, and the End User assumes the risk of relying on potentially obsolete information.
  • Limited Understanding of Context: AI Models may misunderstand the context of certain inputs, leading to irrelevant, ambiguous, or incorrect outputs. The End User is responsible for providing clear and precise inputs to minimize the risk of misinterpretation.
  1. Potential Biases in Hugging Face AI Models

The End User acknowledges that Hugging Face AI Models may reflect certain inherent biases, including but not limited to:

  • Bias in Training Data: The AI Models are trained on vast datasets that may contain cultural, social, or linguistic biases present in the source material. These biases can affect the fairness, neutrality, and appropriateness of the model’s responses.
  • Algorithmic Bias: The AI Models rely on algorithms to identify patterns and generate responses. These algorithms may unintentionally amplify certain types of bias present in the training data, leading to skewed outputs.
  • Cultural and Demographic Bias: Hugging Face models are not optimized for every culture, language, or demographic group. As such, outputs may disproportionately favor the language or context most prevalent in the training data, and responses may be less accurate for underrepresented groups or regions.
  • Moral and Ethical Neutrality: The AI Models do not incorporate human ethical or moral reasoning and may generate responses that are inappropriate, offensive, or otherwise inconsistent with social norms or values. The End User agrees to take responsibility for identifying and mitigating any such responses.
  1. Assumption of Risk

The End User agrees to the following conditions regarding the use of AI Services:

  • Use at Own Risk: The AI-generated outputs are provided "as-is" without warranties of any kind, either express or implied. The End User assumes all risks associated with the use of AI-generated content and acknowledges that the Provider is not responsible for the consequences of any reliance on the information provided.
  • No Liability for Actions: The Provider disclaims any liability for any actions or decisions the End User makes based on AI-generated outputs, including but not limited to financial, legal, medical, or personal decisions.
  • Consultation with Experts: The End User acknowledges that AI-generated outputs are not a substitute for professional advice. In situations requiring specialized knowledge, the End User agrees to consult appropriate experts before making decisions.
  1. Limitations of Liability

The Provider disclaims any liability arising from the use of Hugging Face AI Models and associated AI Services, including but not limited to:

  • Inaccuracies or Misrepresentations: Any inaccuracies, errors, or misrepresentations in AI-generated content;
  • Losses or Damages: Any direct, indirect, incidental, or consequential losses or damages resulting from the End User’s reliance on AI-generated content;
  • Third-Party Models: The Hugging Face AI Models may incorporate or rely on third-party models or datasets, and the Provider disclaims responsibility for any issues or biases originating from such third-party content.
  1. No Guarantee of Continuity

The AI Models provided through Hugging Face are subject to changes, updates, or discontinuation without notice. The Provider does not guarantee the continued availability, performance, or accuracy of the AI Models in the future. The End User assumes the risk of any disruptions, changes, or discontinuation of services.

  1. Acknowledgment and Acceptance

By using the AI Services, the End User acknowledges that they have read, understood, and accepted the terms of this Waiver. The End User agrees to release and hold the Provider harmless from any claims, damages, or liabilities arising from the use or reliance on the Hugging Face AI Models.

  1. Governing Law

This Waiver shall be governed a) in accordance with the laws of the State of New York and the federal laws of the United States applicable therein if the Service is provided from within the United States, b) in accordance with the laws of the United Kingdom and Wales if the Service is provided from within the United Kingdom, Ireland or Continental Europe, or c) accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein and the federal laws of Canada applicable therein if the Service is provided from within any other jurisdiction. Any disputes arising from this Waiver or the use of Hugging Face AI Models shall be resolved exclusively in the courts of the jurisdiction above.

Updated:  October 21, 2024