Apex AI Terms

1.1 Scope.

These AI Terms apply each time you access or use an AI Feature, including an AI Feature that drafts or summarizes content, assists with communications, analyzes data, recommends an action, or performs a configured workflow.

1.2 Precedence.

These AI Terms supplement the Primary Agreement. If there is a conflict, the Primary Agreement controls. A signed Order Form or master services agreement also controls over these AI Terms.

2.1 Inputs and Outputs.

“Input” means information or instructions submitted to an AI Feature. “Output” means content or a recommendation generated by an AI Feature in response to an Input. Inputs and Outputs are Customer Data or Your Content under the Primary Agreement, as applicable.

2.2 Automated Actions.

An AI Feature may perform an action, send a communication, change a workflow, or update a record when configured to do so. The customer that enables the AI Feature is responsible for the configuration, authorization, testing, monitoring, and results of each automated action.

3.1 Input Rights.

As between Staylist and the person or entity that owns an Input, that person or entity retains its rights in the Input. You grant, or represent that the owner has granted, Staylist and its service providers the rights needed to process Inputs and generate Outputs, operate and secure the AI Feature, provide support, and comply with law.

3.2 Your Permissions.

You represent that you have the rights, notices, and consents needed to submit each Input and instruct Staylist to process it. You will not submit restricted or highly sensitive information unless the Primary Agreement and the documentation expressly permit it.

3.3 Outputs.

Subject to the Primary Agreement and applicable law, Staylist assigns to you or the applicable customer, as provided in the Primary Agreement, any rights that Staylist may have in the applicable Outputs. Staylist does not represent that an Output is eligible for intellectual-property protection or that you will have exclusive rights in an Output. Similar or identical outputs may be generated for others.

4.1 Providing the AI Feature.

Staylist may process Inputs, Outputs, feedback, and related usage information to provide, maintain, secure, troubleshoot, and improve the AI Features and the applicable Staylist service.

4.2 Staylist Improvement.

Staylist may use Customer Data to evaluate and improve the Services for the applicable customer and to develop generally available features, subject to the Primary Agreement. Before using interaction data to train a Staylist-owned model, Staylist will strip personal information and contact details from the training data. Staylist will not disclose Customer Data to another customer or permit another customer to access Customer Data.

4.3 Third-Party Model Training.

Staylist will not authorize a third-party AI provider to use Inputs, Outputs, or related information to train or improve that provider’s general-purpose models unless the applicable customer authorizes that use in an Order Form or another writing. Provider-specific practices and any authorized exception may be described in the applicable documentation or interface.

4.4 Usage Data.

“Usage Data” means technical, operational, and statistical data about use, performance, and configuration of AI Features that does not identify a customer or natural person. Staylist may use Usage Data and aggregated or deidentified information for lawful business purposes, including benchmarking and evaluation and improvement of AI Features.

5.1 Review.

AI technology is probabilistic. Outputs may be inaccurate, incomplete, offensive, outdated, or unsuitable for a particular purpose. You must review and verify material Outputs before relying on them or providing them to another person.

5.2 Decisions.

You will not use an Output as the sole basis for a legal, financial, safety, employment, housing, credit, insurance, or other decision that produces a legal or similarly significant effect on a person. You must use qualified human review and the safeguards required by applicable law.

5.3 Professional Advice.

Outputs are not legal, accounting, tax, medical, safety, or other professional advice. You are responsible for obtaining qualified advice when needed.

5.4 Customer Configuration.

A business customer is responsible for choosing which AI Features to enable, defining permissions and workflows, training its personnel, and giving users and guests appropriate notices. Staylist may provide suggested settings, but the customer retains responsibility for its operations and decisions.

6.1 Prohibited Uses.

You will not use an AI Feature to: (a) violate law or another person’s rights; (b) generate or distribute deceptive, fraudulent, defamatory, harassing, discriminatory, or unlawful content; (c) impersonate a person without authorization; (d) infer highly sensitive traits or create biometric identifiers; (e) make prohibited automated decisions; (f) develop, train, or benchmark a competing model or service, except with Staylist’s written permission; (g) bypass safeguards or extract system prompts, model weights, or nonpublic components; or (h) introduce malicious code or disrupt the applicable Staylist service.

6.2 Communications.

If an AI Feature drafts, initiates, or sends a call, recording, text, or email, the applicable customer is responsible for required notices, consents, identification, opt-out procedures, and compliance with applicable communications and call-recording laws. For a recorded or transcribed call, the customer must configure a notice to play at the start of the call before any substantive conversation is captured, identify the purposes, and obtain any affirmative consent required by law. The notice must be retained in any recording when required by law. Staylist may require or provide a standard notice.

6.3 No Sensitive Inferences.

You will not use an AI Feature to infer a person’s health condition, precise location, biometric identity, race, religion, sexual orientation, citizenship, or other sensitive trait unless Staylist expressly authorizes the use and applicable law permits it.

7.1 Providers.

Staylist may use third-party models and infrastructure to provide AI Features. These providers act as Staylist’s service providers or subprocessors to the extent stated in the Primary Agreement and applicable data-processing terms.

7.2 Changes and Availability.

Third-party models may change, become unavailable, or produce different results over time. Staylist may replace a provider or model, modify an AI Feature, or suspend an AI Feature to address legal, safety, security, or operational concerns.

8.1 Privacy.

Staylist processes personal information used with AI Features as described in its Privacy Policy at https://staylist.com/legal/privacy and, for business customers, the Primary Agreement and any signed data processing addendum.

8.2 Security.

Staylist will apply the safeguards described in the Primary Agreement or its Privacy Policy, as applicable, to Inputs and Outputs that constitute Customer Data or Your Content. No AI system is completely secure, and Staylist does not guarantee that an AI Feature will prevent all unauthorized use or disclosure.

9.1 Staylist Technology.

Staylist and its licensors retain all rights in the AI Features, underlying technology, models, prompts supplied by Staylist, documentation, and improvements. No right is granted except the limited right to use the AI Feature under the Primary Agreement.

9.2 Third-Party Rights.

An Output may contain or resemble material protected by third-party rights. You are responsible for reviewing an Output and obtaining any rights needed for your intended use.

9.3 Feedback.

Staylist may use feedback about an AI Feature without restriction or payment, provided Staylist does not identify a business customer as the source without permission.

10.1 AI Disclaimer.

AI Features and Outputs are provided “as is” and “as available.” Staylist does not warrant that an Output will be accurate, complete, unique, noninfringing, unbiased, secure, or suitable for a particular purpose. Staylist does not warrant that an AI Feature will produce a particular business, revenue, occupancy, guest-service, or compliance result.

10.2 Primary Agreement.

The warranty disclaimers and limitations of liability in the Primary Agreement apply to AI Features and Outputs. These AI Terms do not increase Staylist’s liability or create a separate liability cap.

11.1 Suspension.

Staylist may restrict or suspend an AI Feature if Staylist reasonably believes its use violates these AI Terms, creates a material safety or security risk, infringes another person’s rights, or could expose Staylist or another person to liability.

11.2 Effect.

The right to use an AI Feature ends when the applicable Primary Agreement ends. Sections concerning data rights, intellectual property, disclaimers, liability, and terms that by their nature should survive will survive.

12.1 Changes.

Staylist may update these AI Terms. For a business customer under a committed subscription, an update applies as stated in the Primary Agreement. For other users, an update applies when posted or on a later stated effective date. Continued use after the effective date constitutes acceptance to the extent permitted by law.

12.2 Contact.

Questions about these AI Terms may be sent to [email protected] or Staylist, LLC, 614 Mabry Hood Road, Suite 100, Knoxville, Tennessee 37932, Attention: Legal.