Service-Specific Terms

These Service-Specific Terms govern the Customer’s access and use of Additional Services described herein, supplement the General Terms and/or definite agreement between the Parties, and form part of and are incorporated into the Agreement by Aiven and the Customer. These Service Specific Terms apply to the Customer upon accessing or using the Additional Services described below. In case of discrepancy between the Agreement, General Terms or definite agreement and these Service-Specific Terms, then these Service-Specific Terms shall apply, however, provided that the Additional Services described below are made available as Beta Services or Beta Features, the terms applicable to Beta Services and Beta Features described in the General Terms shall apply and take precedence. Capitalized terms used in these Service-Specific Terms shall have the same meaning given to them in the General Terms.

Aiven AI

1. General

1.1 Aiven Cloud Services may include products, features, or tools that incorporate artificial intelligence (“AI”) or related technology such as generative AI. These terms apply to the following AI features and services listed below (collectively “Aiven AI”).

(i) AI editor in Aiven for PostgreSQL.

Additional AI features and services may be added to the scope of these terms from time to time.

1.2 These terms governing Aiven AI consist of: (i) general terms applicable to all Aiven AI; and (ii) service-specific terms for individual AI features and services listed above, where applicable. Such service-specific terms, if any, are described in the sections below.

2. Intellectual Property Rights

2.1 Ownership of Inputs. Between Aiven and the Customer, data, text and other instructions in the form of prompts as provided by the Customer to interact with Aiven AI (“Inputs”) belong to the Customer. The Customer grants Aiven and its licensors a worldwide, transferable, non-exclusive, and sublicensable right to use, process, store, and transmit the Inputs solely to provide Aiven AI to the Customer.

2.2 Data training. Aiven does not use Customer Inputs or Outputs to train or improve AI models. Aiven uses Third-Party Providers who have committed to not training their models using Customer data.

2.3 Ownership of Outputs. Between Aiven and the Customer, the Customer retains all rights the Customer may have related to results, suggestions, content, code, or other materials, including the software application generated by Aiven AI as the basis of Inputs (“Outputs”). Please note that Outputs may not be unique and that AI may generate identical or similar outputs for other customers who provide similar prompts. Because Outputs may not be unique, the Customer is responsible for any use of the Outputs and Aiven makes no representations or warranties regarding non-infringement of the Outputs.

2.4 Intellectual Property Rights belonging to Aiven. All rights, title and interest, including Intellectual Property Rights belonging to Aiven including related to Aiven AI will belong exclusively to Aiven or its licensors. Except for the express license to use Aiven AI, the Customer shall have no and shall not by virtue of this Agreement obtain any rights, license or interests in and to the Aiven AI or any Intellectual Property Rights pertaining thereto.

2.5 Intellectual Property Rights belonging to Third-Party Providers. All Intellectual Property Rights in and to the AI models, algorithms, systems, and underlying technology used to provide Aiven AI remain the exclusive property of the Third-Party Provider and their licensors and are not transferred to the Customer.

3. Third-Party Providers

3.1 To provide Aiven AI, Aiven uses third-party providers such as providers of the underlying large language models (“Third-Party Providers”). Aiven selects these providers in its sole discretion and reserves the right to modify them.

3.2 Because Aiven AI relies on Third-Party Providers, the Customer acknowledges and agrees that Customer Inputs and Outputs are transmitted to and processed by the Third-Party Providers to provide the AI Services.

3.3 The Customer may review the Third-Party Providers in Aiven’s sub-processor list at: https://aiven.io/subprocessors.

3.4 In addition to the usage policies in Section 4 below, the Customer agrees to comply with the then-current usage policies by the Third-Party Providers when interacting with Aiven AI: (i) Google’s Generative AI Use Policy; and (ii) Google Cloud Acceptable Use Policy.


4. Usage Policies and Limitations

4.1 Because the Customer controls the Inputs used in interaction with Aiven AI, the Customer is solely responsible for ensuring that Inputs are lawful and do not violate any third-party rights. The Customer is responsible for obtaining any necessary consents required to use Inputs in the context of Aiven AI.

4.2 The Customer must not use Aiven AI:

  1. for any purpose that would constitute a "prohibited AI practice" under Article 5 of Regulation (EU) 2024/1689 (the "EU AI Act"), or deploy Aiven AI in a manner that would constitute it as a "high-risk AI system" under Article 6 of the EU AI Act;
  2. in violation of Acceptable Use Policy and Third-Party Terms;
  3. to generate, create, or distribute harmful, discriminatory, defamatory, harassing, threatening, or misleading content;
  4. copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or attempt to extract or derive the source code of, or any components of the AI models used;
  5. resell, redistribute, or provide access to Aiven AI to third parties without Aiven's prior written consent;
  6. to develop a similar or a competing product or service;
  7. to create or improve AI models similar to the Third-Party AI models with the Outputs; and/or
  8. use automated means to generate excessive requests or otherwise abuse Aiven AI beyond reasonable usage patterns.

4.3 Aiven may limit the use of Aiven AI (e.g. by number of prompts or requests per day per user). The Customer may not bypass or circumvent such limitations.

4.4 Aiven may suspend or terminate Customer’s access to Aiven AI if Aiven reasonably believes the Customer has breached the usage policies or limitations.

5. Disclaimer and Indemnification

5.1 Availability. Aiven AI is not subject to the Service Level Agreement and no availability is guaranteed. Aiven will not provide any Service Credits in relation to any Aiven AI downtime.

5.2 No warranty. The Customer uses Aiven AI including at its sole risk and is solely responsible for its operation of Aiven AI. Outputs may contain inaccuracies or biases and the Customer should evaluate all Outputs for accuracy appropriate to their use case, including employing human review where appropriate. Aiven makes no representation or warranty regarding Outputs and is not liable for any usage thereof.

5.3 Customer indemnification. The Customer shall indemnify, defend, and hold harmless Aiven, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from or relating to (a) the Customer's use or misuse of Aiven AI in violation of the terms of these Service-Specific Terms or Third-Party Providers’ policies; (b) excessive use of Aiven AI in violation of usage limitations; (c) unlawful, infringing, or otherwise improper Inputs; and (d) Customer's use of Outputs.

(ii) Aiven Apps

Please note that Aiven Apps is currently made available as a Beta Service, including that it may not be as reliable or available as Aiven's generally available Cloud Services, may be changed or discontinued at any time without notice. Customer's use of this Beta Service is at its sole discretion and risk.

1. Service Description and Scope

1.1 Scope and Applicability. These terms govern the Customer’s use of Aiven Apps, a cloud based service through which Aiven makes available managed cloud infrastructure, runtime environments, and deployment tooling enabling the Customer to deploy, run, and operate the Customer Application (hereinafter referred to as the “Aiven Apps”), distinct from and in addition to managed database services provided as Cloud Services.

2. Definitions

2.1 “Customer Application” means a software application owned or licensed by the Customer that the Customer deploys or makes available for hosting via Aiven Apps.

2.2 “Content” means any files, data, information, and other content uploaded to, stored in, transmitted through, processed by, or displayed via the Customer Application by the Customer or Customer’s End-Users.

2.3 “End-Users” means any users who interact with the Customer Application including but not limited to the Customer’s own employees.

3. Intellectual Property Rights and Indemnification

3.1 Aiven Apps Intellectual Property Rights. All rights, title and interest, including all Intellectual Property Rights in and to Aiven Apps and any changes thereto shall exclusively belong to Aiven or its licensors. Except for the express license to use Aiven Apps granted to the Customer under and in accordance with these terms and conditions, the Customer shall have no and shall not by virtue of these terms obtain any rights, license or interests in and to Aiven Apps or any Intellectual Property Rights pertaining thereto.

3.2 Customer Application and Content. All rights, title and interest, including all Intellectual Property Rights in and to the Customer Application and Content belong to the Customer or its licensors. Aiven shall have no and shall not by virtue of these terms obtain any rights or interests in and to the Customer Application or any Intellectual Property Rights pertaining thereto, except as set out in Section 3.3 below.

3.3 License to Customer Application and Content. The Customer grants Aiven a non-exclusive, revocable, non-transferable, royalty-free, sublicensable (solely to Aiven’s sub-processors and service providers) license to host, copy, process and transmit Customer Application and Content to the extent required to provide Aiven Apps to the Customer.

3.4 Content and Customer Application Warranty. Customer represents and warrants that (i) it holds all necessary rights and licenses, including Intellectual Property Rights, in the Content and Customer Application to grant Aiven the rights required to provide Aiven Apps; (ii) the Content and Customer Application do not infringe, misappropriate, or violate any third-party intellectual property, privacy, or publicity rights, nor are they defamatory, deceptive, or otherwise unlawful; and (iii) the Content and Customer Application contain no viruses, worms, Trojan horses, corrupted files, hoaxes, malicious code, or other items of a destructive or deceptive nature. Customer acknowledges that any use of Aiven Apps in violation of these representations constitutes a material breach of Agreement.

3.5 Customer Indemnification. The Customer agrees to indemnify Aiven, at the Customer's own expense, against any claims made towards Aiven based on Content and Customer Application, including without limitation claims that the Content or Customer Application infringes third party intellectual property rights or applicable laws. Customer’s indemnification set forth herein shall not be subject to limitation of liability set forth in the Agreement.

4. Acceptable Use

4.1 Use Restrictions. Customer is not permitted and not entitled to permit its End-Users or any other parties to use Aiven Apps for any illegal, fraudulent, or otherwise infringing or offensive purposes or to host, distribute, transmit, store or display and/or process Content through Customer Application that is illegal, fraudulent, or otherwise infringing or offensive.

4.2 Acceptable Use Policy. Customer’s use of Aiven Apps is subject to Aiven’s Acceptable Use Policy. Customer shall ensure that its use of Aiven Apps and/or the Content and Customer Application does not violate the Acceptable Use Policy and these terms including Section 4.1 above. Customer acknowledges that the Acceptable Use Policy is not exhaustive and does not limit Aiven’s right to determine violation subject to Section 4.1.

4.3 Customer Take-Down Obligation. Customer agrees to immediately take down Content that violates Section 4.1 and/or the Acceptable Use Policy, including upon notification by Aiven or a competent authority that any Content or Customer Application violates the Acceptable Use Policy, applicable laws or regulations, or these terms. Customer’s obligation under this Section 4.3 is without prejudice to, and does not limit, Aiven’s rights under the remainder of this Section 4.

4.4 Suspension and Termination. Aiven shall have the right to suspend provision of Aiven Apps to the Customer and/or deny Customer’s access without first hearing the Customer if Aiven suspects that the Customer has violated the Acceptable Use Policy or the terms set forth herein.

4.5 Illegal Content and Customer Application. If Aiven has reason to believe that any Content or the Customer Application is unlawful, or if Aiven receives a request to remove any Content and/or cease the hosting of Customer Application from competent authorities or law enforcement agencies, Aiven shall have the right to:

(i) suspend or terminate Customer’s access to Aiven Apps subject to Section 4.4 above;

(ii) terminate the Agreement; and/or

(iii) take all necessary measures to remove Content or disable access to Customer Application as required by the applicable law.

4.6 No Liability. Aiven shall have no liability to the Customer, End-Users, or any third-party for the suspension, termination, or removal of access to Aiven Apps, Customer Application, or Content as set forth in this Section 4.

5. Security of Customer Application

5.1 Responsibility of Customer Application Security. The Customer is solely responsible for the security of its Customer Application.

5.2 Acceptance of Customer Application. Aiven may and the Customer authorizes Aiven to perform a technical security analysis of the Customer Application code using anti-abuse tools and methods in its discretion for the purposes of detecting abusive and malicious applications. Where such analysis indicates an anomaly or potential concern, Aiven reserves the right to conduct further investigation, which may include human review of the relevant code or activity, and may result in rejection of the hosting of the Customer Application at Aiven’s discretion. Where such further investigation is initiated, Aiven will use reasonable efforts to notify the Customer of the relevant concern in a timely manner.

5.3 No Warranty. Code analysis does not constitute a security audit, security certification, or assessment of the Customer Application's fitness for any purpose, and Aiven makes no warranty, representation, or guarantee, express or implied, as to the security or integrity of any Customer Application as a result of an analysis having been carried out. The carrying out of an analysis, or the absence of any findings arising from it, shall not be construed as an approval of the Customer Application for deployment or as limiting Aiven's right to subsequently suspend, restrict access to, or remove any Customer Application at any time in accordance with these terms.

6. Restricted Data

6.1 PCI-DSS and HIPAA. The Customer shall not use Aiven Apps to transmit, store, display, or process: (i) payment cardholder data regulated under the Payment Card Industry Data Security Standard (PCI-DSS); or (ii) protected health information or other health or medical data subject to the Health Insurance Portability and Accountability Act (HIPAA) or any equivalent national health data protection regime.

6.2 Supplemental Agreement. Customers that require a service environment with enhanced security controls designed to support PCI-DSS or HIPAA compliance obligations must separately contact Aiven to enquire about dedicated service tiers. Use of such tiers is subject to a separate supplemental agreement.

7. General Responsibilities

7.1 Customer Responsibilities. The Customer is solely responsible for:

(a) the Customer Application, including its design, development, configuration, performance, availability, security, application-level access controls, authentication mechanisms, vulnerability management, and all third-party software, open-source libraries, and other components incorporated into it or which interoperate with the Customer Application;

(b) conducting regular security assessments of the Customer Application and developing and maintaining business continuity and disaster recovery plans at the application level, separately from any infrastructure-level continuity measures maintained by Aiven;

(c) all Content transmitted, stored, displayed, or processed by the Customer Application, and the Customer Application itself, including their accuracy, integrity, legality, and compliance with all applicable laws and regulations including but not limited to data protection laws;

(d) maintaining independent backups of the Customer Application and all associated Content;

(e) all interactions between the Customer Application and its End-Users, including the terms on which End-Users access the Customer Application and any obligations owed to them by the Customer. The Customer shall ensure that End-Users' use of the Customer Application does not result in a breach of these terms. The Customer shall be liable to Aiven for any such breach as if it were a breach by the Customer itself. Aiven has no direct relationship with End-Users of the Customer Application and accepts no responsibility or liability in respect of them; and

f) providing any support to the End-Users of the Customer Application.

8. Disclaimers

8.1 Third-Party Connections. Aiven is not liable for and does not warrant that integrations, connections, or interfaces between Aiven Apps and any third-party services, platforms, repositories, or tools, including without limitation source code repositories and software libraries, will be uninterrupted, error-free, or fit for the Customer's intended purpose.

8.2 Disclaimer. Aiven Apps is provided on an ‘as is’ basis. For the avoidance of doubt, the warranties and disclaimers set forth in the General Terms apply in full to Aiven Apps.