Square Generative AI Terms

Effective Date: 30 January 2024

By using any of the Generative Artificial Intelligence (AI) or AI-powered products, features, and tools (“AI Products”) offered by Square AU Pty Ltd or its affiliates (“Square,” “we,” “our,” or “us”), you agree to be bound by the General Terms of Service (“General Terms”), these Generative AI Terms, and any other applicable terms, policies and guidelines. If you are using the AI Products on behalf of a business, that business accepts these terms. Defined terms have the same meaning as in the General Terms.

I. Acceptable Use Policy

You are responsible for all content associated with your use of AI Products. You agree that you will not use any AI Product to create any content that in Square’s sole discretion (acting reasonably) is considered to be illegal, harmful, misleading, or violates the rights of any third party. Square reserves the right to suspend, terminate, or otherwise modify your access to AI Products or other Services in accordance with section 12 of the General Terms if we identify any such misuse.

In addition to any limitations covered in other applicable terms, you agree that you will not intentionally or unintentionally use AI Products to:

• Mislead anyone that the content generated by AI Products is human-generated;
• Provide medical, legal, financial, or other specialized advice, including without limitation providing any advice that could cause harm;
• Generate or disseminate:
• Content that is misleading, illegal, fraudulent, deceptive, or could lead to harm;
• Private information of others in violation of their privacy or data protection rights;
• Content, including images, that infringes or has the potential to infringe the intellectual property or other proprietary rights of another;
• Content that may be libelous, slanderous, or otherwise defamatory;
• Political content, including for dissemination in electoral campaigns;
• Spam, ransomware, keyloggers, viruses or other software;
• Content that contains corrupted data or any other harmful, disruptive, or destructive files;
• Hateful, harassing, abusive, violent, or highly offensive content that attacks or dehumanizes a group based on race, ethnicity, national origin, religion, serious disease or disability, gender, age, or sexual orientation; or
• Pornographic material, images of explicit nudity, depictions of graphic violence or gore, or content that otherwise promotes, glorifies, or threatens violence.
• Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; or
• violate any applicable law or regulation.

II. Your Content

You are responsible for any text you type or images, content, or data you upload into AI Products (“Input”), as well as any text, images, or content generated by AI Products through your use of AI Products or through prompts you provide to AI Products (“Output”, together “AI Content”). You are also responsible for ensuring that any AI Content complies with all applicable laws, regulations, and terms before generating, using, or sharing it. You agree that you will not include any sensitive personal data of any individual (including data that reveals racial or ethnic origin, political opinions, religious or philosophical beliefs, or trade union membership, health data or data concerning your sex life or sexual orientation) in any Input to AI Products.

When using Outputs, you agree to inform viewers of those Outputs that the content is AI-generated.

You understand that all Outputs are generated by artificial intelligence and that it is your responsibility to verify the accuracy of all AI Content and ensure its compliance with all applicable law, regulations, and terms, including any intellectual property or privacy rights of third parties.

As between you and Square, to the extent permitted by law and subject to the Applicable Terms, you own your AI Content. You grant us and our subsidiaries, affiliates, and successors a worldwide, non-exclusive, royalty-free, fully-paid, transferable, irrevocable, perpetual, and sub-licensable right to use, reproduce, modify, adapt, publish, prepare derivative works of, distribute, publicly perform, and publicly display your AI Content throughout the world in any media, whether presently known or unknown, for any reason, including to provide, promote, and/or incorporate into the AI Products. You retain all rights in your Inputs and Outputs, subject to the rights you grant to us in these terms.

IF YOU DO NOT WISH TO GRANT SQUARE A LICENSE TO ANY OF YOUR AI CONTENT, PLEASE DO NOT USE SQUARE’S AI PRODUCTS.

You may modify or remove your Outputs via your Square Account or by terminating your Square Account, but your Inputs and Outputs may persist in historical, archived or cached copies and versions thereof available on or through the AI Products. Square agrees not to make any copyright ownership claim over your Inputs or Outputs. In the event that any of your Inputs or Outputs is alleged to be unlawful or otherwise in breach of these terms, Square may disclose such content to law enforcement or other governmental authorities, or in response to a court order.

Although we have no obligation to monitor any AI Content, we have absolute discretion to remove AI Content at any time and for any reason without notice (acting reasonably). We may also monitor such AI Content to detect and prevent fraudulent activity or violations of these or other applicable terms. You understand that by using the AI Products, you may be exposed to content that is offensive, indecent, or objectionable. Square does not warrant or guarantee the accuracy, completeness or reliability of any Output, or that any Output or use of it does not infringe any third-party rights. We take no responsibility and assume no liability for any Content, including any omissions, errors, loss or damage to any of the AI Content.

Square may impose limits on the number of Outputs you can create with AI Products. You may be notified if you have reached the maximum number of Outputs for your account.

III. Third-Party Rights

You may not use AI Products to create content that violates third-party copyright, trademark, privacy or other rights. This may include, but is not limited to, entering text prompts to generate a third-party brand logo, uploading an Input image that includes a third party’s copyrighted content, or using a third party’s personal information in violation of their privacy or data protection rights. If you are not sure whether your content violates the rights of a third party, you should consult your own legal advisor.

If you believe that third party material hosted by Square infringes your copyright or trademark, please see our Intellectual Property Removal Policy located here. If you have a contract or other dispute with a third party regarding content you or they have uploaded to our products and services, please resolve the issue directly with the third party. We will not moderate contract, employment, or other disputes between our customers and third parties.

IV. No Model Training

When using our AI Products, you agree you will not use them to train other AI or Machine Learning models.

This means you must not, and must not allow third parties to, use any content, data, Outputs or other information received or derived from AI Products, to directly or indirectly create, train, test, or otherwise improve any machine learning algorithms or artificial intelligence systems, including any architectures, models, or weights.

V. Third Party Technology Partners

Square may use technology provided by third party service providers to provide some functionality for AI Products. You acknowledge that any Input you provide, including any personal data you choose to include within that Input, may be shared with such third party service providers to enable functionality within AI Products. By using AI Products, you direct and consent to personal data you include in an Input being transferred to these third parties, including, but not limited to, OpenAI, LLC, and you agree that your use is subject to the terms of those third parties. For reference, the terms of some of our primary generative AI partners are included here: OpenAI, Amazon Web Services, Google Generative AI, and Google Cloud Platform. This list is not exhaustive and please be aware that any use may be subject to additional terms of any third party service provider used for a given product. If you choose to include personal data relating to someone other than yourself in an Input, you represent and warrant to us that you have obtained all necessary consents from such individual to allow for the use and sharing of their personal data as contemplated by these AI Terms.

We may also share your data with select third party service providers we engage to enable functionality within AI Products and they may also use your data to improve their services. This may include any personal data you choose to include within such Input and you acknowledge that our Privacy Policy applies to the handling of such personal data.