Kajabi AI Terms

These terms (these “Kajabi AI Terms”), together with Kajabi’s Terms of Service (the “Kajabi Platform Terms”) and other Kajabi policies (together with these Kajabi AI Terms and the Kajabi Platform Terms, the “Kajabi Policies”), govern your use of any tools, features, or functionality made available to you by Kajabi that utilize models trained by machine learning or artificial intelligence (“Kajabi AI”). If you are using Kajabi AI on behalf of an entity or other organization, you agree to these Kajabi AI Terms on behalf of that entity or organization, and you represent that you have such authority. “You” and “your” will refer to that entity or organization. In the event of a conflict between these Kajabi AI Terms and the Kajabi Platform Terms, the Kajabi Platform Terms will control each party’s rights and obligations related to the Kajabi Platform Services, and these Kajabi AI Terms will control each party’s rights and obligations related to Kajabi AI. In cases where these Kajabi AI Terms do not address specific provisions included in the Kajabi Platform Terms, the Kajabi Platform Terms will apply. All capitalized terms not defined herein shall have the meaning attributed to them in the other Kajabi Policies.

When you subscribe to, use, or access Kajabi AI, you agree to be bound by these Kajabi AI Terms, the other Kajabi Policies, and applicable laws, rules, and regulations. You will not be allowed to use Kajabi AI unless you agree to the Kajabi Policies. Kajabi may update these Kajabi AI Terms from time to time. When changes are made, Kajabi will make a new copy of these Kajabi AI Terms available at https://kajabi.com/policies. 

Kajabi AI is included in the definition of “Platform” set out in the Kajabi Platform Terms. Kajabi may suspend or discontinue Kajabi AI (including, without limitation, the availability of any feature) at any time by posting a notice on our website, within our Platform, or by emailing you.

1. Your Content.

‍You may provide input to be processed by Kajabi AI (“Input”) and receive output generated and returned by the Kajabi AI based on the Input (“Output”).  Input and Output are your Content (as defined in the Kajabi Platform Terms), and you are responsible for any text, images, video, or other content you provide to Kajabi AI and the resulting material generated. As between the parties and to the extent permitted by applicable law and relevant third-party rights, you own all Content. Subject to your compliance with these Kajabi AI Terms, Kajabi hereby assigns to you all its right, title, and interest in and to Content to the fullest extent possible. This means you can use Content for any purpose, including commercial purposes such as sale or publication if you comply with these Kajabi AI Terms and any applicable law and relevant third-party rights. Kajabi may use Content to provide, maintain, and improve Kajabi AI, comply with applicable law, and enforce our policies. You are responsible for ensuring that your Content complies with these Kajabi AI Terms and Kajabi’s Acceptable Use Policy. 

2. Similarity of Content.

Due to the nature of machine learning, Output may not be unique across users, and Kajabi AI may generate the same or similar output for you and a third party. For example, you may provide input to a model such as “What are the top 5 productivity tips?” and receive output very similar to output generated for another person asking a similar question. Responses requested by and generated for other users are not considered your Content.‍

3. Accuracy.

Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve Kajabi AI to make it more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, using Kajabi AI may, in some situations, result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output.‍

4. Risks and Limitations.

Artificial intelligence and machine learning technologies have known and unknown risks and limitations. You acknowledge that you are solely responsible for developing your internal policies regarding the appropriate use of these technologies and training other users on your account on such policies. By using Kajabi AI, you acknowledge and agree that Kajabi is not responsible for (a) any inaccuracies or errors in the Output, (b) any biases or limitations of the underlying algorithms or data, and (c) any Output that you may find harmful or offensive. If you encounter any Output that is harmful, offensive, or inappropriate for Kajabi, please report it to kjbabuse@kajabi.com so that we can continue to iterate and improve these features. You acknowledge that Kajabi AI is an optional feature of the Platform overall and that you are free to stop using Kajabi AI at any time.‍

5. Use Restrictions.

You will not use Kajabi AI (a) to develop data sets, foundation models, or other large-scale models that may compete with Kajabi or Kajabi AI; (b) to mislead any person or imply that Output generated using Kajabi AI is unique or solely human generated; (c) in a manner which violates any AI Vendor Terms (as defined below) or any content and use policies Kajabi may implement from time to time; or (d) in a way that violates these Kajabi AI Terms or any other Kajabi Policies.

6. Intellectual Property in Kajabi AI. 

As between the parties, Kajabi owns all right, title, and interest in and to Kajabi AI and any resulting Statistical Data, including all intellectual property and proprietary rights therein. “Statistical Data” means data generated or related to the provision, operation, or use of a Platform, including Kajabi AI, including measurement and usage statistics, configurations, survey responses, and performance results.

7. Third-Party Terms. 

Kajabi AI is powered by one or more third-party vendors, including, without limitation, Open AI, LLC (“Open AI”) and Pictory Corp. (“Pictory”) (collectively, “AI Vendors”).  By using Kajabi AI, you are also accepting and agreeing to be bound by terms of service and other policies of these AI Vendors (see Open AI’s Policies and Pictory’s Policies), which are legal agreements between you and these AI Vendors (the “AI Vendor Terms”). Kajabi is not a party to such AI Vendor Terms and is not liable to you in respect thereof. Kajabi reserves the right to replace any AI Vendor at any time, in its sole discretion. In case of any inconsistency between this Agreement and the AI Vendor Terms, this Agreement shall prevail.

8. Improvement.

You hereby grant Kajabi and its affiliates a non-exclusive, royalty-free, perpetual, irrevocable, freely transferable, and freely sublicensable license to use your Content to improve the Platform and Kajabi AI including training Kajabi’s data models using machine learning or artificial intelligence. If you do not want Kajabi to use your Content this way, you may opt out of using Kajabi AI at any time at your sole discretion by emailing legal@kajabi.com. Kajabi will cease using your Content and prohibit you from using Kajabi AI starting from the timestamp of your opt-out.‍

9. Data Privacy.

Kajabi will not use personal information (as defined in Kajabi’s Privacy Notice) provided to Kajabi AI. Please refrain from entering personal information into Kajabi AI or including any personal information in your Content. Kajabi will not use your Content except as permitted by the Kajabi AI Terms or the other Kajabi Policies.

10 Feedback.

You will promptly provide Kajabi with all reviews, approvals, information, and instructions requested by Kajabi. You agree to use and evaluate Kajabi AI as requested. You agree to familiarize yourself with the info about Kajabi AI provided by Kajabi and only use or test Kajabi AI as directed.  You will notify Kajabi of any and all problems directly or indirectly associated with Kajabi AI known to or discovered by you. In addition, you agree to promptly respond to any and all reasonable inquiries, questionnaires, or surveys submitted to you by Kajabi AI. Any feedback, ideas, modifications, suggestions, improvements, and the like made by you concerning Kajabi AI (collectively, “Feedback”) will be the property of Kajabi. You agree to assign, and hereby assign, all right, title, and interest worldwide in the Feedback and the related intellectual property rights to Kajabi and agree to assist Kajabi, at Kajabi’s expense, in perfecting and enforcing such rights. Kajabi may disclose or use the Feedback for any purposes whatsoever without any obligation to you. 

11. Disclaimer & Limitation of Liability

YOU UNDERSTAND AND AGREE THAT ANY CONTENT OR OUTPUT OBTAINED THROUGH THE USE OF KAJABI AI IS PROVIDED “AS-IS”, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITION OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND OBTAINED AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS IN OUTPUT WITHOUT INDEPENDENTLY FACT-CHECKING THEIR ACCURACY AND YOU ARE SOLELY RESPONSIBLE FOR DETERMINING THE APPROPRIATENESS OF USING OR REDISTRIBUTING THE OUTPUT. NO INFORMATION OR ADVICE, WHETHER WRITTEN OR ORAL, OBTAINED BY YOU FROM KAJABI OR THROUGH THE KAJABI AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ACKNOWLEDGE AND AGREE THAT THE INPUT'S QUALITY WILL IMPACT THE OUTPUT'S QUALITY. IF THE INPUT IS INACCURATE, INCOMPLETE, OR INCONSISTENT, THE OUTPUT WILL LIKELY REFLECT SUCH DEFICIENCIES. DUE TO THE NATURE OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING, OUTPUT MAY NOT BE UNIQUE ACROSS USERS OF KAJABI AI, AND KAJABI AI MAY GENERATE THE SAME OR SIMILAR OUTPUT FOR YOU OR A THIRD PARTY OR DIFFERENT OUTPUT WITH THE SAME PROMPT OR OTHER INPUT.

NEITHER KAJABI NOR ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND TECHNOLOGY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, CONTRACTORS AND EMPLOYEES SHALL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT OR TERMS AND CONDITIONS RELATED THERETO UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR (C) FOR ANY DIRECT DAMAGES, COSTS, LOSSES, OF LIABILITIES IN AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE GREATER OF (1) ONE HUNDRED DOLLARS OR (2) THE FEES PAID BY YOU TO KAJABI FOR THE SERVICES UNDER THIS AGREEMENT IN THE 6 MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER THIS AGREEMENT.