Curious about switching?

A. Development. The Services use technology designed and developed for Samsung, its parents, affiliates, subsidiaries, related companies, officers, directors, employees, agents, representatives, partners and licensors by a third party (collectively, the “Samsung Entities”) which incorporate a third party large language model. You acknowledge and agree that materials created using third party large language models are trained from a variety of sources, including but not limited to, (i) licensed or unlicensed databases, libraries, and other third party content, the origin and clearance of which Samsung and Cheil cannot reasonably ascertain; (ii) Samsung and Cheil cannot reasonably determine the elements and sources accessed or utilized by such third party large language models during the creation of the Output (defined below); and (iii) while Samsung shall take reasonable efforts to comply with intellectual property laws, there is an inherent risk that the third party large language models and the content derived therefrom may include elements that infringe upon third-party intellectual property rights. You further acknowledge and agree that the United States Copyright Office (“USCO”) has provided guidance stating that materials created using generative AI technologies and content and materials created therefrom may not be eligible for copyright registration, and the use of such content may impact your ability to claim ownership and seek registration of intellectual property rights, including but not limited to copyright registrations, with the USCO. You understand that the USCO’s stance on the registrability of such is subject to change and it is your responsibility to stay informed about any updates or changes to USCO regulations or guidance as it may relate to your use of the Services.

B. User Queries and Outputs.

C. Modifications to the Services. The Samsung Entities may modify or update the Services at any time, including without limitation to change any specifications, content, descriptions, or features, in its discretion. The inclusion of any Services at a particular time does not imply or warrant that those same Services will be available at any other time.

A. Right to Use Services. We hereby grant you a limited, revocable, personal, non-assignable, non-sublicensable, non-transferrable, and non-exclusive right and license to access and use the Services for your internal non-commercial business purposes during the Term. This license is freely revocable, and Samsung may restrict access to the Services, including the number and/or frequency of User Queries you are permitted to submit, in its sole discretion. Samsung may monitor your use of the Services for any and all purposes, including to ensure compliance with applicable law and Samsung policies and guidelines.

B. Restrictions On Your Use of the Services. You may not do any of the following in connection with your use of the Services, unless applicable laws or regulations prohibit these restrictions or you have our written permission to do so:

Notwithstanding anything to the contrary herein, Samsung may, in its sole discretion, immediately revoke the grant of rights contemplated in in this Section if you breach the restrictions in this Section or create other security or legal concerns.

A. Ownership of the Services. The Services, including their “look and feel” (e.g., text, graphics, images, logos), proprietary content, information and other materials, are protected under copyright, trademark and other intellectual property laws. You agree that Samsung and/or its licensors own all right, title and interest in and to the Services (including all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership. Samsung and its licensors reserve all rights in connection with the Services and its content (other than the User Queries), including, without limitation, the exclusive right to create derivative works.

B. Ownership of Trademarks. Samsung owns all right, title and interest in and to Samsung’s names, logos, designs, and other trademarks (“Samsung Marks”). You recognize the validity of the Samsung Marks and Samsung’s ownership and title thereto. Any goodwill derived from the use of the Samsung Marks by you shall inure to the benefit Samsung. You will not challenge the Samsung Marks, or Samsung’s ownership and title thereto, or the USPTO application or registration thereof.

C. Ownership of Feedback. We welcome feedback, comments and suggestions for improvements to the Services (“Feedback”). You acknowledge and expressly agree that any contribution of Feedback does not and will not give or grant you any right, title or interest in the Services or in any such Feedback. All Feedback becomes the sole and exclusive property of Samsung, and Samsung may use and disclose Feedback in any manner and for any purpose whatsoever without further notice or compensation to you. You hereby assign to Samsung all right, title and interest that you may have in and to all Feedback.

D. User Queries; Output.

E. Notice of Infringement - DMCA (Copyright) Policy. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Services have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (“DMCA”), by providing the following information in writing:

Notices of copyright infringement claims should be sent by mail to: [CONTACT]. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others.

F. Use of Third-Party Materials in the Services. Certain Services may display, include or make available content, data, information, applications or materials from third parties (“Third-Party Materials”) or provide links to certain third-party websites. Third-Party Materials include the open source software or other third-party software, such as third-party large language models, that are included in the artificial intelligence and machine learning models you access or use through the Services. By using the Services, you acknowledge and agree that Samsung is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such Third-Party Materials or websites. We do not warrant or endorse and do not assume and will not have any liability or responsibility to you or any other person for any third-party services, Third-Party Materials or third-party websites, or for any other materials, products, or services of third parties.

A. Confidentiality. You agree that any Samsung business, technical and financial information that is designated in writing as confidential, or that should reasonably be considered confidential given the nature of the information and/or the manner or means of disclosure, shall be the confidential property of Company (“Confidential Information”). You shall make all necessary efforts to safeguard Samsung’s Confidential Information, and shall not disclose Confidential Information to any third party. Confidential Information does not include information that (i) was previously rightfully known to the receiving party without restriction on disclosure; (ii) is or becomes known to the general public, through no fault or breach on the part of the receiving party; (iii) is disclosed to the receiving party by a third party without breach of any separate nondisclosure obligation; (iv) was independently developed by the receiving party; or (v) is required to be disclosed pursuant to a judicial order or third party subpoena, provided that you provide written notice to Samsung in order for Samsung to seek an appropriate remedy and only disclose the minimum information required by the order or subpoena.

B. Data & Privacy. To protect your privacy, please do not upload or enter any personal information into the Chatbot, including but not limited to your name, address, phone number, email address, social security number or any other data that could be used to identify you. All usage of any of your information, content or data shall be consistent with the Samsung Privacy Policy, which can be found at [https://www.samsung.com/us/account/privacy-policy/].

A. SERVICES DISCLAIMERS. YOUR ACCESS TO AND USE OF THE SERVICES ARE AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, SAMSUNG, ITS PARENTS, AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, ADVERTISING AGENCIES, AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, PARTNERS AND LICENSORS (THE “SAMSUNG ENTITIES”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING OF ACCURACY, RELIABILITY, COMPLETENESS, TITLE, ERROR-FREE OPERATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. THE SAMSUNG ENTITIES MAKE NO WARRANTY OR REPRESENTATION AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (A) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE SERVICES; (B) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES; (C) THE OPERATION OR COMPATIBILITY WITH ANY OTHER APPLICATION OR ANY PARTICULAR SYSTEM OR DEVICE; (D) WHETHER THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE OR ERROR-FREE BASIS; AND (E) THE DELETION OF, OR THE FAILURE TO STORE OR TRANSMIT, YOUR CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE SERVICES.

B. OUTPUT DISCLAIMERS. YOU ACKNOWLEDGE THAT PRODUCTS BUILT USING LARGE LANGUAGE MODELS MIGHT LACK GROUNDING AND FACTUALITY IN REAL-WORLD KNOWLEDGE, PHYSICAL PROPERTY OR ACCURATE UNDERSTANDING. THIS LIMITATION CAN LEAD TO MODEL HALLUCINATIONS WHICH MIGHT GENERATE OUTPUTS THAT ARE PLAUSIBLE-SOUNDING BUT FACTUALLY INCORRECT, IRRELEVANT, INNAPPROPRIATE OR NONSENSICAL. YOU ACKNOWLEDGE THAT THE SERVICES MAY GENERATE OUTPUT CONTAINING OFFENSIVE, INCORRECT, BIASED OR INCOMPLETE INFORMATION. THE SAMSUNG ENTITIES SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR INACCURATE, INCORRECT, BIASED OR INCOMPLETE OUTPUT, OR THE INFRINGEMENT OF THE RIGHTS OF ANY THIRD PARTY IN YOUR USE OF ANY OUTPUT. YOU SHOULD NOT RELY ON THE SERVICES OR ANY OUTPUT FOR ADVICE OF ANY KIND, INCLUDING MEDICAL, LEGAL, INVESTMENT, FINANCIAL OR OTHER PROFESSIONAL ADVICE. FOR THE AVOIDANCE OF DOUBT, THE SAMSUNG ENTITIES TAKE NO RESPONSIBILITY AND ASSUME NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR SERVICES, INCLUDING ANY OUTPUT.

C. WAIVER BY CALIFORNIA RESIDENTS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

A. Indemnification. By entering into these Terms and accessing or using the Services, you agree that you shall defend, indemnify and hold the Samsung Entities harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) incurred by the Samsung Entities arising out of or in connection with: (a) your violation or breach of any term of these Terms or any applicable law or regulation; (b) your violation of any rights of any third party; (c) your misuse of the Services; (d) the User Queries or use of the Output; or (e) your negligence or willful misconduct. The applicable Samsung Entity shall have sole control over the defense of a claim, including any settlements related thereto.

B. Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW, YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE LIABLE (A) FOR INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOSS OF USE, DATA OR PROFITS, BUSINESS INTERRUPTION OR ANY OTHER DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES), HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR OTHERWISE ARISING IN ANY WAY IN CONNECTION WITH THE SERVICES (INCLUDING ANY OUTPUT) AND WHETHER IN CONTRACT, STRICT LIABILITY OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE SAMSUNG ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, OR (B) FOR ANY OTHER CLAIM, DEMAND OR DAMAGES WHATSOEVER RESULTING FROM OR ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OUTPUT, OR THE DELIVERY, USE OR PERFORMANCE OF THE SERVICES, IN EXCESS OF ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

A. Updating These Terms. We may modify these Terms from time to time in which case we will update the “Last Revised” date at the top of these Terms. It is your sole responsibility to review these Terms from time to time to view any such changes. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms. Your continued access or use of the Services after the modifications have become effective will be deemed your acceptance of the modified Terms.

B. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to Samsung for which monetary damages would not be an adequate remedy and Samsung shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law, without posting a bond or other security, or proof of irreparable harm or damages.

C. Governing Law. The formation, existence, construction, performance, validity and all aspects whatsoever of these Terms will be governed by the law of the State of New York, without reference to its choice of laws principles. These Terms will not be governed by the UN Convention on Contracts for the International Sale of Goods, the application of which is expressly excluded. Notwithstanding the foregoing, we may apply for injunctive remedies (or an equivalent type of urgent legal relief) in any court of competent jurisdiction.

D. Dispute Resolution Agreement. These Terms & Conditions include a binding Dispute Resolution Agreement, which includes an arbitration provision. The Dispute Resolution Agreement can be found at https://www.samsung.com/us/support/legal/mobile/ and is incorporated herein. Please review the Dispute Resolution Agreement carefully. It affects your rights. There is a limited 30 day right to opt out of the arbitration provision. If a dispute cannot be resolved through the mandatory informal dispute resolution process (which includes a telephone settlement conference, if requested), Samsung and its customers agree to address the dispute through binding individual arbitration (unless customers have timely opted out of the provision) or in small claims court where the customers reside. Class and representative proceedings are not allowed. In arbitration, a neutral decision maker (called an arbitrator) will hear both sides of a dispute and issue a binding decision. There is no judge or jury in arbitration and the arbitrator applies the same law and can award the same individual remedies as a court. The procedures are streamlined in arbitration, including less discovery and appellate review, to help ensure dispute resolution is less burdensome and more cost-effective for everyone.

E. Miscellaneous. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. These Terms and the licenses granted hereunder may be assigned by Samsung but may not be assigned by you without the prior express written consent of Samsung. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The parties are independent contractors. The Section headings used herein are for reference only and shall not be read to have any legal effect. The Services are operated by us in the United States. Those who choose to access the Services from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.

F. How to Contact Us. You may contact us regarding the Services or these Terms at: [Samsung Electronics America, Inc., 85 Challenger Road, Ridgefield Park, New Jersey 07660; Phone: 1-800-SAMSUNG (726-7864).]