AI Terms of Service

These AI Terms of Service ("AI Terms") apply to your use of artificial intelligence features, capabilities, and functionalities ("AI Features") provided by Rally HQ, Inc. ("Rally", "we", "us", or "our") as part of the Rally UXR platform and services. By accessing or using our AI Features, you agree to be bound by these AI Terms in addition to our general Terms of Service and Privacy Policy. You understand and acknowledge that the AI Features are not mandatory or integrated by default, and Rally UXR may be used without enabling the AI Features. You may change your preferences with use of the AI Features at any time within the application settings.

1. AI FEATURES OVERVIEW

The AI Features include, but are not limited to, AI-powered analysis, insights generation, participant matching, automated transcription, sentiment analysis, theme extraction, and other features integrated into the Rally UXR platform. When accessing or using our AI Features, information uploaded to the Rally UXR platform and services, which may include personal data, communications data, and confidential data, may be processed by our AI Features (collectively, “Input”). Based solely on the Input you provide, you will receive output generated by the AI Features (“Output”, and together with Input, the “AI Content”), which may include personal data, communications data, and confidential data. Customer is solely responsible for the Input and for ensuring that the AI Content complies with applicable laws, these AI Terms, and our Terms of Service located at https://www.rallyuxr.com/security-and-compliance/terms. If you are an agency or otherwise acting on behalf of another company, you assume all responsibilities, representations and warranties inherent in these terms on their behalf.

2. PRIVACY AND DATA SECURITY

Data Processing

Your use of AI Features is subject to our Privacy Policy. We do not use your Inputs or Outputs to train or improve our AI Features. Further,third-party artificial intelligence or machine learning providers are contractually prohibited from using your data for their own model training without your consent. We implement appropriate technical and organizational measures to protect your data processed through AI Features.

Inputs Including Personal Data

You must not submit any Input to the Rally UXR platform and services that contains personal data unless you comply with all Applicable Data Protection Law, including providing privacy notices and obtaining consent, where required. 

Sensitive Data Warning

You acknowledge that AI Features may not be appropriate for processing certain types of sensitive data, and that you have obtained all necessary consents in order for Rally UXR to process any sensitive data (or ‘sensitive personal information’ as defined by law) on your behalf. 

3. THIRD-PARTY AI PROVIDERS

The AI Features are provided by third-parties providers. By using our AI Features, you agree that the following third parties may be utilized by Rally UXR on your behalf, and are subject to their Enterprise Terms of Use:

OpenAI LLC - Terms of Use

Anthropic, PBC - Consumer Terms of Service

Google LLC - Terms of Service

AssemblyAI, Inc. - Terms of Service

When you use AI Features, we may transmit your Inputs, research data, and contextual information to third-party AI providers to generate Outputs. These third-party artificial intelligence providers are contractually prohibited from using your data for their own independent model training without your consent. You acknowledge and consent to this data transmission as necessary for the AI Features to function.

4. ACCEPTABLE USE AND RESTRICTIONS

Prohibited Uses

You agree not to use the AI Features or any Outputs to:

1. Misrepresent Outputs: You may not represent any Output as being approved, vetted, or endorsed by Rally UXR or any third party.
2. Claim human authorship: You may not represent any Output as being an original work or wholly human-generated work without appropriate disclosure
3. Automated decision-making: You may not use the AI Features for automated decision-making that has legal or similarly significant effects on individuals without implementing adequate human review and ensuring compliance with applicable laws
4. Harmful or unethical purposes: You may not use the AI Features for purposes that are discriminatory, harassing, harmful, unethical, or violate any person's rights
5. Illegal activities: You may not use the AI Features for any illegal purpose or in violation of any applicable laws or regulations, including Applicable Data Protection Law.

Research-Specific Restrictions

Given the sensitive nature of user research, you additionally agree not to use AI Features to generate synthetic participant responses or falsify research data. You agree not to rely solely on AI-generated insights without proper validation, as AI Features may generate content that could bias or inappropriately influence research outcomes.

5. IMPORTANT DISCLAIMERS ABOUT AI OUTPUTS

No Guarantee of Accuracy

All Outputs, results, analyses, insights, suggestions, and other content generated by our AI Features are produced through machine learning processes and are not tested, verified, endorsed, or guaranteed to be accurate, complete, or current by Rally. Outputs may be subject to potential errors, biases, or inaccuracies inherent in AI technology, and not a substitute for professional judgment or human review.

Customer Verification Required

You acknowledge and agree that you must independently review and verify all Outputs for appropriateness, accuracy, and suitability for your specific use cases. You are solely responsible for any decisions or actions taken based on Outputs, and Rally recommends implementing human review processes for all AI-generated content before use.

6. INTELLECTUAL PROPERTY AND LICENSING

Subject to our Terms of Service, Rally UXR hereby grants you a limited, revocable, non-exclusive, non-transferable and non-sublicensable license to use the AI Features during the term of use. The use of the AI Features is subject to your compliance with any and all applicable laws and these AI Terms. 

Ownership of Inputs

You retain all rights to your Inputs, research data, and other content you provide to the AI Features ("Your Content"), subject to the licenses granted herein. Rally UXR does not use your Inputs to train or improve our AI Features.

Ownership of Outputs

The Outputs generated for you will be considered your data, and except as otherwise stated in this section, we will not claim any right to, title to, or interest in them. You acknowledge that Outputs provided to you may be similar or identical to Outputs independently generated for other users. Rally UXR does not guarantee exclusivity or uniqueness of any Output, and other users may receive similar insights or analyses based on comparable inputs. 

You are authorized to utilize Outputs generated for them in accordance with the terms of any Agreement between the Parties, including these AI Terms, for internal business purposes and commercial activities. The utilization of these Outputs does not constitute endorsement on the part of Rally UXR or its constituent entities, nor are these Outputs warrantied in any manner.

Feedback

We welcome feedback about AI Features (“Feedback”). Any Feedback you provide may be used to improve our services without compensation to you. Any Feedback provided, grants Rally UXR a perpetual, irrevocable, non-exclusive, worldwide, fully-paid, sub-licensable, assignable license to incorporate into Rally UXR or otherwise use any Feedback received from you to improve the services. You irrevocably waive any moral rights in such Feedback pursuant to applicable copyright law. Rally UXR acknowledges that any Feedback is provided on an “as-is” basis with no warranties of any kind.

7. WARRANTIES AND LIABILITY

Disclaimer of Warranties

THE AI FEATURES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AI FEATURE, OR THE INFORMATION, TEXT, AND CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVALIABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI FEATURE. RALLY AND THE APPLICABLE THIRD-PARTY PROVIDER DISCLAIM ALL WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER RALLY NOR ANY OF ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR USE, ARISING FROM OR RELATED TO YOUR USE OF AI FEATURES OR ANY OUTPUTS, EVEN IF RALLY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE LOWER OF (I) ONE HUNDRED DOLLARS ($100); OR (II) THE FEES PAID IN CONSIDERATION OF THE AI FEATURE. THE LIMITATIONS IN THIS SECTION APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Indemnification

You agree to indemnify, hold harmless, and, at Rally UXR’s option, defend Rally UXR and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses arising from or relating to any third-party claims (i) that the Input, or processing or any other use of Output thereof in accordance with these AI Terms, infringes or misappropriates such third party’s intellectual property or privacy rights; or (ii) based on your use of AI Features in a manner not authorized by these AI Terms or our general Terms of Service.

8. UPDATES AND MODIFICATIONS

Feature Updates

We may update, modify, or discontinue AI Features at any time. We will provide reasonable notice of material changes that may affect your use.

AI Terms Updates

We may update these AI Terms from time to time. Continued use of AI Features after these updates constitutes acceptance of the revised terms. If we make material changes, we will post the updated AI Terms on this page with a ‘Last Updated’ effective date of the revisions.

9. COMPLIANCE AND GOVERNANCE

Regulatory Compliance

You are responsible for ensuring your use of AI Features complies with all applicable laws and regulations applicable, including, as applicable, laws and regulations of the European Union (“EU”), the European Economic Area (“EEA”) and their member states, Switzerland and the United Kingdom (“UK”), including without limitation, Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (“General Data Protection Regulation” or “GDPR”) and EU Directive 2002/58/EC on Privacy and Electronic Communications (“e-Privacy Directive”) or, the superseding e-Privacy Regulation once effective, and the United Kingdom’s General Data Protection Regulation (“UK GDPR”), and as applicable, the laws and regulations of the United States, including without limitation, the California Consumer Privacy Act of 2018 and its amendments including the California Privacy Rights Act (collectively, the “CCPA”), the Virginia’s Consumer Data Protection Act (“VCDPA”), the Colorado Privacy Act (“CPA”), the Colorado Artificial Intelligence Act (“CAIA”), the Connecticut Data Privacy Act (“CTDPA”), the Utah Consumer Privacy Act (“UCPA”), the Oregon Consumer Privacy Act (“OCPA”), the Texas Data Privacy and Security Act (“TXDPSA”), the Florida Digital Bill of Rights (“FDBR”), the Montana Consumer Data Privacy Act (“MTCDPA”), the Iowa Consumer Data Protection Act (“IADPA”), the Delaware Personal Data Privacy Act (“DEPDPA”), the Nebraska Data Privacy Act (“NEDPA”), the New Hampshire Privacy Act (“NHPA”), the New Jersey Data Privacy Act (“NJDPA”), the Tennessee Information Privacy Act (“TIPA”), the Minnesota Consumer Data Privacy Act (“MNCDPA”), and the Maryland Online Data Privacy Act (“MDODPA”), and the Indiana Consumer Data Protection Act (“INCDPA”), the Kentucky Consumer Data Protection Act (“KYCDPA”), and the Rhode Island Data Transparency and Privacy Protection Act (“RIDTPPA”), with all industry-specific regulations such, including the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”), the Family Educational Rights and Privacy Act (“FERPA”), Gramm-Leach-Bliley Act (“GLBA”), and ethical research guidelines and Institutional Review Board Written Procedures (individually, and collectively, “Applicable Data Protection Law”).

Audit Rights

We reserve the right to audit your use of AI Features for compliance with these AI Terms and Applicable Data Protection Law. As per our general Terms of Service, we reserve the right to suspend or terminate your account in the event that your use of the AI Features violates our AI Terms or general Terms of Service. 

10. GOVERNING LAW AND DISPUTES

These AI Terms are governed by the same governing law and dispute resolution provisions as our general Terms of Service.

11. CONTACT INFORMATION

For questions about these AI Terms or our AI Features, contact us at: privacy@rallyuxr.com

By using Rally UXR's AI Features, you acknowledge that you have read, understood, and agree to be bound by these AI Terms of Service.