AI Supplemental Terms and Conditions
Name and scope. FuseBase is a product and brand of Nimbus Web Inc. (doing business as FuseBase). In this document, “FuseBase,” “we,” “us,” and “our” refer to Nimbus Web Inc. when describing the provider. References to FuseBase products or services concern only offerings within this document’s stated scope. Nimbus Web Inc. remains the legal entity responsible for its obligations.
On this page
- 1. Scope and Definitions
- 2. Third-Party AI and Infrastructure Providers
- 3. Ownership and Responsibility for AI Content
- 4. Built Applications and Shared Responsibility
- 5. License and Processing Authorization
- 6. Model Training and Improvement
- 7. Restrictions
- 8. Third-Party AI Providers, Customer Configurations, and Regulated Use Cases
- 9. Accuracy, Uniqueness, and No Professional Reliance
- 10. Warranty Disclaimer
- 11. Suspension and Termination
- 12. Changes to These AI Terms
- 13. Contact
1. Scope and Definitions
A separately signed agreement and its negotiated order of precedence control conflicts concerning its subject matter. Otherwise, applicable supplemental terms control solely for their specified service or subject: the EULA for proprietary software rights and its express software warranty, the Hosting Terms for hosting and maintenance expressly undertaken by FuseBase, the AI Supplemental Terms for AI functionality, and the Refund Policy for billing, cancellation and refunds. The DPA governs personal-data processing within its scope; an applicable BAA governs HIPAA-specific obligations, and mandatory international-transfer clauses retain their precedence. Third-party licenses govern rights in that software. Mandatory legal rights remain unaffected.
These AI Terms apply to your access to and use of any artificial intelligence, machine learning, code generation, workflow generation, agent, automation, suggestion, summarization, analysis, or similar functionality made available by FuseBase (collectively, the “AI Functions”).
For purposes of these AI Terms: (a) “Input” means prompts, instructions, files, source code, configurations, data, text, images, attachments, and other materials submitted to the AI Functions; (b) “Output” means content generated or returned by the AI Functions; and (c) “AI Content” means Input, Output, related metadata, and any generated code, applications, workflows, agents, portals, automations, or configurations created through the AI Functions.
2. Third-Party AI and Infrastructure Providers
FuseBase provides its standard managed AI Functions through Microsoft Azure. These services may make available models developed by Microsoft, OpenAI, Anthropic, and other providers, including open-source or open-weight models. The developer of a model is not necessarily the entity that processes Customer Data. Depending on the service and deployment, processing may be performed by Microsoft and/or the applicable third-party model operator.
Our Third-Party Services and Subprocessor List identifies the providers involved in the managed AI services we offer and their processing roles. Changes involving subprocessors remain subject to the applicable Data Processing Agreement.
Where supported, customers may separately connect their own AI accounts, API keys, or external integrations. Those configurations may involve different providers and data-handling arrangements.
Use of certain AI Functions may be subject to additional terms, acceptable use rules, technical limitations, privacy practices, retention settings, or policies of the applicable third-party providers. By using the AI Functions, you agree to comply with any applicable third-party provider terms and acknowledge that those providers remain subject to their own compliance posture, policies, and operational practices.
FuseBase does not promise that any specific third-party provider, model, or feature will remain available. Subject to the applicable Agreement and Data Processing Agreement, including applicable subprocessor notice and objection provisions, we may add, remove, replace, suspend, or discontinue providers, models, AI features, or provider integrations. Where customers connect their own providers or use customer-provided API keys, FuseBase is not responsible for the terms, policies, retention practices, or compliance posture of those third-party providers.
3. Ownership and Responsibility for AI Content
As between you and FuseBase, and subject to the rights of any applicable third parties in their own materials, you retain all right, title, and interest in and to your Input and your Customer Data.
As between you and FuseBase, Output generated for you through the AI Functions will be treated as your Customer Data under the Agreement, subject to the limitations of applicable law, third-party rights, and the nature of AI-generated content.
You are responsible for your AI Content, including customer-controlled development, content, operation, maintenance, review, testing, deployment, legality, security and use, and for the rights, notices, consents and permissions needed to submit it. These responsibilities do not replace development, deployment, maintenance, testing or other duties FuseBase expressly undertakes under the applicable agreement or statement of work.
4. Built Applications and Shared Responsibility
If you build, configure, publish, host, deploy or make available an application, portal, website, workflow, agent, automation, integration, codebase or other implementation using the Services, you are responsible for the implementation and activities within your control, except to the extent FuseBase expressly undertakes specified work. Customer responsibility does not replace FuseBase’s expressly agreed hosting, deployment, development or maintenance duties.
This includes responsibility for functionality, testing, generated code, deployment configurations, end-user notices, privacy disclosures, cookies and tracking technologies, permissions, connected services, data collection practices, user consents, data subject rights handling, access controls, security settings, moderation, regulatory suitability, and compliance with applicable law.
FuseBase’s security and compliance commitments apply to FuseBase’s own platform environment and controls and to AI Functions that FuseBase provides and manages within the Services. Applications, workflows, portals, agents, code, or other implementations built or configured by you using the Services are not automatically compliant merely because they were created with FuseBase or with assistance from the AI Functions. Compliance depends on your implementation choices, connected services, selected providers, deployed environment, and operational controls.
5. License and Processing Authorization
You grant FuseBase and its service providers a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, display, modify, and otherwise use AI Content solely as necessary to provide, secure, maintain, support, troubleshoot, monitor abuse, enforce these AI Terms and the Agreement, comply with law, and improve the Services.
To the extent your Input or other AI Content contains Personal Data, you instruct and authorize FuseBase and its applicable service providers to process that Personal Data for the foregoing purposes and in accordance with the Agreement, our Privacy Policy, and any applicable Data Processing Addendum.
FuseBase may use subprocessors and service providers to provide the AI Functions. Information about subprocessors may be provided in our subprocessor disclosures, privacy materials, trust materials, or other documentation made available by FuseBase.
6. Model Training and Improvement
FuseBase may make AI-enabled features available through third-party AI providers and, in the future, may offer additional AI services directly. Where FuseBase offers default AI-enabled functionality through providers selected by FuseBase, FuseBase seeks to use commercial provider arrangements that do not permit general-model training on Customer Data by default unless the customer expressly chooses to share data for that purpose. If you use your own providers, API keys, or integrations, those providers remain subject to their own terms and policies, and you are responsible for reviewing whether they are appropriate for your intended use case.
7. Restrictions
You may not use the AI Functions or any Output to:
- develop or train foundation models, large-scale models, or the AI Functions using AI Content obtained through the Services except as expressly permitted in writing;
- generate, facilitate, or promote unlawful, harmful, fraudulent, infringing, deceptive, or abusive content or conduct;
- create, deploy, or distribute malware, malicious code, credential theft tools, unauthorized surveillance, or other harmful software or instructions;
- misrepresent Output as solely human-generated where such representation would be misleading or unlawful;
- submit or process content that you do not have the right to use;
- circumvent rate limits, technical safeguards, access restrictions, usage parameters, or safety controls;
- use the AI Functions in a way that violates the Agreement, applicable law, or applicable third-party provider policies.
8. Third-Party AI Providers, Customer Configurations, and Regulated Use Cases
You are responsible for confirming that the AI services, models, and configurations you choose to use are suitable for your intended use, the information you submit, and your applicable privacy, security, and regulatory requirements. This applies both to AI made available through FuseBase and to providers you connect through your own API keys or subscription accounts.
For FuseBase-managed AI, this review includes the applicable FuseBase service documentation, provider disclosures, and agreed service scope. You can contact FuseBase to clarify the arrangements relevant to your use. For providers connected through your own accounts, you are responsible for reviewing and, where necessary, confirming the applicable terms, data handling, storage and processing locations, retention settings, and required agreements directly with that provider. You are also responsible for the permissions, notices, and lawful basis required for the information you submit and for the settings and integrations under your control.
Health information may be used only within the service scope expressly agreed under the Data Processing Agreement and, where required, an executed Business Associate Agreement (BAA). Approval to store health information in FuseBase does not by itself include processing that information through AI features or external integrations. Those features and data flows must also be included in the agreed scope before that information is submitted to them.
FuseBase remains responsible for the Services and processing it controls, including its obligations for the providers it engages under the applicable Agreement, DPA, and any BAA. Each party remains responsible for the obligations applicable to its role. Compliance coverage is specific to the agreed services and configurations.
FuseBase may in the future offer additional AI services or features directly. Unless expressly stated otherwise, use of third-party providers and customer-connected providers remains subject to their applicable terms and policies.
9. Accuracy, Uniqueness, and No Professional Reliance
Artificial intelligence and machine learning outputs are probabilistic and may be inaccurate, incomplete, insecure, unavailable, non-unique, biased, outdated, or infringing.
You must independently review, validate, test, and determine whether any Output or other AI Content is appropriate for your intended use, including before deployment, production use, publication, customer delivery, or use in legal, financial, medical, employment, compliance, or other high-risk contexts.
FuseBase does not provide legal, accounting, tax, medical, security, or other professional advice through the AI Functions, and you may not rely on the AI Functions as a substitute for qualified human review.
10. Warranty Disclaimer
The exclusions, customer responsibilities, service-change rights and liability limitations in this document apply to the fullest extent permitted by law. They do not override the governing signed agreement, express warranties or services FuseBase undertakes under the applicable agreement, including managed deployment and maintenance, or duties under an applicable DPA, BAA or mandatory transfer clauses. No provision excludes a right or liability that cannot lawfully be excluded. These qualifications do not create additional warranties, support, service levels or refunds.
WARRANTY DISCLAIMER
WE DO NOT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF ANY AI FUNCTIONS OR AS TO THE ACCURACY, COMPLETENESS, RELIABILITY, LEGALITY, NON-INFRINGEMENT, OR SUITABILITY OF ANY OUTPUT OR OTHER INFORMATION OBTAINED THROUGH AI FUNCTIONS. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL, DATA, OUTPUT, CODE, CONTENT, APPLICATION, WORKFLOW, AUTOMATION, CONFIGURATION, OR OTHER IMPLEMENTATION OBTAINED THROUGH OR GENERATED BY THE USE OF ANY AI FUNCTIONS IS USED AT YOUR SOLE RISK. YOU SHOULD NOT RELY ON FACTUAL ASSERTIONS OR OTHER OUTPUT GENERATED THROUGH AI FUNCTIONS WITHOUT INDEPENDENTLY REVIEWING, FACT-CHECKING, TESTING, AND VALIDATING THEIR ACCURACY, COMPLETENESS, AND SUITABILITY FOR YOUR INTENDED USE. OUTPUT THAT APPEARS ACCURATE, DETAILED, SPECIFIC, OR CONFIDENT MAY STILL CONTAIN MATERIAL INACCURACIES, OMISSIONS, OUTDATED INFORMATION, BIASES, OR OTHER ERRORS. AI FUNCTIONS MAY NOT ACCOUNT FOR EVENTS, DEVELOPMENTS, OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE RELEVANT MODEL, DATA SOURCE, OR SYSTEM WAS LAST UPDATED, TRAINED, OR REFRESHED. WITHOUT LIMITING THE FOREGOING, YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, TESTING, VALIDATING, AND APPROVING ANY CODE, APPLICATION, PORTAL, WEBSITE, AGENT, WORKFLOW, AUTOMATION, CONFIGURATION, INTEGRATION, OR OTHER IMPLEMENTATION CREATED, GENERATED, MODIFIED, OR ENABLED THROUGH AI FUNCTIONS BEFORE USE, PUBLICATION, HOSTING, RELEASE, OR DEPLOYMENT. WE DO NOT WARRANT THAT ANY SUCH OUTPUT OR IMPLEMENTATION WILL BE ERROR-FREE, SECURE, AVAILABLE, COMPLIANT, FIT FOR A PARTICULAR PURPOSE, OR FREE OF THIRD-PARTY CLAIMS, DEFECTS, VULNERABILITIES, OR HARMFUL COMPONENTS. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH AI FUNCTIONS SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THE AGREEMENT.
11. Suspension and Termination
FuseBase may suspend, limit, or terminate your access to some or all AI Functions at any time if we reasonably believe your use violates the Agreement, these AI Terms, applicable law, or applicable third-party provider policies, or if such action is necessary to protect the Services, our users, third parties, or FuseBase.
12. Changes to These AI Terms
We may modify these AI Terms at our discretion. Material changes are communicated and take effect through the notice and acceptance process required by the Agreement and applicable law, on the stated effective date. Any continued-use acceptance applies only to the extent permitted under that process. Updating this page does not alone amend a signed agreement.
13. Contact
If you have questions or concerns about these AI Terms, please contact FuseBase at legal@thefusebase.com.