AI Software Terms of Service Agreement

This document is the sole usage agreement between BlueCallom and its application users. It covers data you are putting into the system, data we are processing inside BlueCallom and its various internal AI systems, and data we are processing via connection with technology providers outside our system. Furthermore, this document covers Account and User Data, Networked Data, Statistical Data, and Intellectual Property. It does not cover privacy which is managed by our overall privacy policy that you find on our website under https://dev.bluecallom.com/privacy.

This document is a binding agreement and part of either the software purchase or the freely available tools accessible through our website or other media from BlueCallom or our authorized BlueCallom Business Partners. The agreement between YOU (You, User or Customer) and BlueCallom AG (We or BlueCallom) refers to any software service you use from BlueCallom. The agreement becomes effective when you purchase a license to use it or when you sign up and confirm you agree at registration.

1) Account Data and User Data

We are storing personal data from all system users that you have added. That may include external team members, consultants, advisors, or users. The data include name, email address, profile pictures, and other relevant data to work with our software. This also includes account data from your company, divisions, and structural data to consolidate data for enterprises worldwide. Moreover, we store anonymized user, account, and journey data for statistical reports, analytics, peer group reports, and industry data.

To create an account, you will be asked to create a password. This password is not retrievable by any BlueCallom employee, and you will never be asked to provide your password. Keep your password confidential and secure, and change it occasionally.

2) Data Management and Processing

DATA INPUTS Your data resides in a secure cloud by one of the largest cloud services providers. Your data are encrypted when they get sent back and forth between your browser and our system. The data are also encrypted on our database. To prevent unauthorized access, ensure that your teams know how to protect their access information. BlueCallom has no way of overseeing the data you and your team or any other user with access to your Innovation Journey enters. As such, BlueCallom is not responsible for any content entered into your application space.

DATA PROCESSING Your data get processed by the BlueCallom system in multiple ways. One way is to store, process and return processed data. Another way is to process data and allow an AI system to make suggestions for the best next steps and steps to increase performance, set priorities etc. Those data are processed by an external provider and returned as audio data. This service can be disabled by every user for their usage. Data may also be sent to a so-called “Large Language Model” (LLM) for analysis, assessment, or other algorithmic processes, and results are returned to the user. Those LLM providers may sit outside the influence of BlueCallom. For data protection reasons, BlueCallom will use LLM providers who provide a secure process so that those data remain within a BlueCallom data space and are not shared with other customers or the Internet. Using Large Language Models, your data input may return different output information. This data inconsistency does not mean data are wrong but simply different. When sending prompts to an LLM, results can be maximized through additional information given with the prompts. BlueCallom uses a “Prompt Framing” technology to enhance the prompt with process-specific data. You find more information about the unique BlueCallom.AI system on our website.

3) Intellectual Property

The BlueCallom system empowers users to create disruptive innovation, new and unique creative work, solutions to problems that have never been solved before, and other outputs that can be considered Intellectual Property. To alleviate any uncertainty regarding the rights on the outcome of an Innovation Journey with BlueCallom, this default agreement shall be accepted by all its users: Users of BlueCallom herewith confirm not to claim any IP on anything that was put into the system, no matter who put it in, including the author. Unless otherwise agreed in writing outside this agreement, the IP belongs exclusively to the organization that set up the BlueCallom account. The account holder is also responsible for ensuring that content entered into the system is free of other possible IP rights before using them.

4) Innovations Framework

BlueCallom is the creator of the Corporate Innovations Framework. It helps better understand innovation-related information process management. One critical aspect is a frequent collision between data and general IP security on one side and amplified innovation quality development through open innovation. This and similar situations usually require a decision by c-level executives.

5) AI Ethics and Protection

We assume that Artificial Intelligence will be a fast growing and changing technology segment for at least a decade. BlueCallom is committed to provide best possible ethics standards and protection. We are supporting the European Artificial Intelligence Act when it comes effective as well as other recommendations based on Asian, European, and US Governments and countries we are operating in. You will find more details on the BlueCallom AI Ethics and Protection model and its likely changes under https://dev.bluecallom.com/ai-ethics-and-protection.

6) Software Updates

We will usually inform customers of any major updates ahead of time. At the same time, we advance our software in short intervals and update even multiple times daily if necessary. Those updates may happen with or without notice. Significant changes in functionality will typically announce 30 days in advance unless there is an urgency to bring it to market that does not allow for that lead time.

7) Our Warranties and Disclaimers

We do everything possible to make BlueCallom a successful and attractive AI Software Solution for you. However, we also want to mark the borderlines of our offering.

IN SOME JURISDICTIONS CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT ARE PROVIDED. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.

8) Liability for our Services

EXCEPT WHERE PROHIBITED, THE SERVICES ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR ANY THIRD PARTY’S USE OF THE SERVICES. THESE EXCLUSIONS INCLUDE, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOST DATA, COMPUTER FAILURE, OR THE VIOLATION OF YOUR RIGHTS BY ANY THIRD PARTY, EVEN IF THE SERVICES ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY UPON WHICH THE CLAIM IS BASED.

9) Dispute

THE PARTIES HERETO AGREE THAT ANY AND ALL DISPUTES ARISING OUT OF THE TERMS OF THIS AGREEMENT, THEIR INTERPRETATION, AND ANY OF THE MATTERS HEREIN RELEASED SHALL BE SUBJECT TO BINDING ARBITRATION IN SWITZERLAND. THE PARTIES AGREE THAT THE PREVAILING PARTY IN ANY ARBITRATION SHALL BE ENTITLED TO INJUNCTIVE RELIEF IN ANY COURT OF COMPETENT JURISDICTION TO ENFORCE THE ARBITRATION AWARD. THE PARTIES AGREE THAT THE PREVAILING PARTY IN ANY ARBITRATION SHALL BE AWARDED ITS REASONABLE ATTORNEY FEES AND COSTS TO THE EXTENT PROVIDED BY LAW. PARTNER EXPRESSLY ACKNOWLEDGES THAT IT IS WAIVING ANY RIGHT TO A JURY TRIAL FOR ANY AND ALL CLAIMS COVERED BY THE AGREEMENT.

10) Governing Law

This agreement and any questions which may arise under this Agreement, without regard to conflict of law principles, are governed by Swiss law.

11) Modification of Terms

We may modify these Terms at any time. However, customers with paid licenses may choose to keep the license terms under the respective previous state before modification. The terms are generally crafted under the jurisdiction of the law of Switzerland. Should there be any discrepancy, the law of Switzerland supersedes the terms in this agreement.

12) Entire Agreement

This AI Software Terms of Service AGREEMENT contains the parties’ final, complete, and exclusive agreement with respect to the subject matter hereof and supersedes all previous verbal and written agreements.  This Agreement cannot be amended, in whole or in part, without a written instrument signed by both parties.

The AI Software Terms of Service are effective as of July 1, 2023