These AI Terms and Conditions (the “AI Terms”) govern your purchase of, access to, and use of, any artificial intelligence (or similar technology) services, features, or functionalities provided by AppCard as part of the AppCard Services (“AppCard AI”). These AI Terms are incorporated into the services agreement entered into by and between Merchant and AppCard (the “Standard Terms”). To the extent of a conflict or inconsistency between the Standard Terms and these AI Terms, these AI Terms shall control with respect to the AppCard AI. Capitalized terms used but not defined herein shall have the meaning ascribed to them in the Standard Terms.
Unless otherwise agreed to in writing, AppCard reserves the right to, at any time in its sole and absolute discretion, charge additional fees for access to or use of the AppCard AI.
BY ACCEPTING THESE AI TERMS, BY CHECKING A BOX INDICATING ACCEPTANCE TO THESE AI TERMS OR TERMS INCORPORATING THESE AI TERMS, OR BY ACCESSING OR OTHERWISE USING APPCARD AI, MERCHANT CONSENTS AND AGREES: (1) THAT MERCHANT HAS READ AND UNDERSTANDS THESE AI TERMS; AND (2) THAT MERCHANT AGREES TO BE BOUND BY THESE AI TERMS.
Any AppCard AI that Merchant uses or accesses under the Standard Terms is considered the intellectual property of AppCard. As between AppCard and Merchant, AppCard is the sole and exclusive owner of all rights, title, and interest in and to the AppCard AI, including, without limitation, all intellectual property rights associated with the AppCard AI. Except as used within the AppCard Services in compliance with the limited rights provided to Merchant under the Standard Terms, Merchant shall have no rights or license in or to the AppCard AI. All rights not expressly granted herein or in the Standard Terms are hereby reserved to and retained by AppCard. AppCard owns all right, title, and interest in and to any and all copyrights, trademark rights, patent rights, database rights and other intellectual property or other rights in and to the AppCard AI, including any improvements, design contributions or derivative works thereof, and any knowledge or processes related to or provided as part of these AI Terms. Merchant may provide feedback, suggestions, or improvements (“Feedback”) to AppCard. Merchant hereby grants AppCard a perpetual, exclusive, irrevocable, worldwide, royalty-free license to use any such Feedback, derivative works, modifications, enhancements, or improvements related to the AppCard AI.
Without limiting any rights set forth in the Standard Terms, AppCard may collect certain Aggregated Data (as defined below) regarding Merchant’s use of the AppCard AI. All Aggregated Data will be owned by AppCard and may be used by AppCard or its permitted service providers, for any lawful business purpose during and after the term of this Standard Terms. “Aggregated Data” means performance, usage, support, and statistical data related to the use and performance of the AppCard AI. Any use of Aggregate Data will be on an aggregated basis so as not be reasonably linked to any individual.
Merchant may submit content to be processed by AppCard AI (“Input”) and receive analysis generated and provided by AppCard AI based on the Input (“Output”). Merchant represents and warrants that Merchant (i) has all rights, licenses, and permissions necessary to provide all Input to the AppCard AI and for AppCard AI to process such Input as permitted in these AI Terms, and (ii) will not include any Prohibited Data as Input. “Prohibited Data” means (a) government issued ID numbers such as passport numbers, Social Security Numbers, taxpayer numbers, driver’s license numbers, (b) individual medical or health information (including, without limitation, protected health information under the federal Health Information Portability and Accountability Act), (c) payment card information subject to the Payment Card Industry Data Security Standard, (d) individual financial information or account numbers (including without limitation, credit or debit card numbers or bank account numbers), or (e) “special” or “sensitive” categories of personal data as defined under applicable law. Merchant will indemnify, defend, and hold harmless AppCard from and against any claims, causes of action, losses, liabilities, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorneys’ fees) arising from the breach of these AI Terms by Merchant.
Merchant is solely responsible for any Input (including, without limitation, the accuracy, quality, appropriateness, and legality thereof) as well as Merchant’s use of and decisions made based on the Output. Merchant will ensure that its Input and use of AppCard AI does not: (i) violate any applicable federal, state, local, or foreign laws, rules, or regulations; (ii) violate these AI Terms or the Standard Terms; or (iii) infringe, violate, or misappropriate the intellectual property or proprietary rights of AppCard or any third party.
Merchant hereby grants AppCard the worldwide, irrevocable, perpetual, royalty-free, assignable, transferrable, sublicenseable right and license to process and use Input and Output to design, develop, train, improve, maintain, configure, and customize the AppCard AI (for AppCard’s and other users’ and customers’ benefit); provided, that, Merchant may opt-out of AppCard’s processing and use of Input and Output to train the AppCard AI by discontinuing Merchant’s use of AppCard AI.
Due to the nature of the AppCard AI and artificial intelligence generally, Output may not be unique and other users and customers may receive output from their use of the AppCard AI that is similar to or the same as the Output received by Merchant hereunder.
Artificial intelligence and machine learning tools are rapidly evolving and experimental in nature. AppCard takes commercially reasonable efforts designed to improve the AppCard AI. However, given the nature of artificial intelligence and machine learning, use of the AppCard AI may, in some situations, provide Output that is not accurate. As such, Merchant hereby acknowledges and agrees that (i) AppCard AI uses experimental technology; and (ii) Output may not meet Merchant’s desired use and may be inaccurate. Merchant must use discretion when relying on or otherwise using the AppCard AI and any Output therefrom. APPCARD AI IS PROVIDED TO MERCHANT “AS IS” WITHOUT ANY INDEMNITIES, REPRESENTATIONS, WARRANTIES, OR COVENANTS OF ANY KIND (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE), AND APPCARD AI MAY BE MODIFIED, DISCONTINUED, OR CANCELED AT ANY TIME FOR ANY REASON AT THE SOLE DISCRETION OF APPCARD. IN NO EVENT WILL APPCARD BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING UNDER OR IN CONNECTION WITH APPCARD AI OR MERCHANT’S USE THEREOF. MERCHANT’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF APPCARD AI AND ANY AND ALL OUTPUT THEREFROM IS TO CEASE UTILIZING THE APPCARD AI AND SUCH OUTPUT.
Without limiting any obligations set forth in the Standard Terms, Merchant is prohibited from using the AppCard AI: (i) to develop artificial intelligence or machine learning models or similar technology; (ii) to mislead any person that Output from the AppCard AI was human generated; (iii) in a manner that violates any technical documentation, usage guidelines, or other terms and conditions, including but not limited to the Standard Terms and these AI Terms; or (iv) for medical, legal, financial, or other professional advice. Output must always be reviewed by human personnel of Merchant and is not a substitute for advice from a qualified human professional.
Access to and use of the AppCard AI may be subject to additional guidelines and policies, as provided by AppCard from time to time.
Last Updated: January 23, 2026.
