Special Terms of Use for AI-powered Features: Translation & Image Generation

Preamble

These terms and conditions supplement the existing agreement governing the use of the imc Learning Suite (the “Main Agreement”). Upon activation of the AI components by the Customer, in particular by a system administrator designated by the Customer (the “System Administrator”), these Special Terms of Use shall become an integral and binding part of the Main Agreement.

1. Service Description

1.1 AI-assisted Translations

The translation feature enables the translation of text elements (such as titles, descriptions and metadata) into multiple languages with a single click.

Review: All translations may be manually reviewed and edited prior to saving.

Technology & Third-Party Providers: imc utilises the Microsoft Azure AI Translator Service. Processing is carried out in real time via a REST interface. Texts are transmitted solely for the purpose of translation. The third-party provider does not permanently store or archive the content data.

1.2 AI-assisted Image Creation

This feature enables the creation of visual content for courses, learning paths and media directly within the software.

Functionality: Image generation is based on the name and description of the respective object (prompt-based).

Technology & Third-Party Providers: imc utilises the Microsoft Azure OpenAI Service (model: gpt-image-1-mini).

2. Terms of Use, Warranty & Liability

2.1 Rights to the results

All rights, title and interest in and to the results generated by the AI, in particular translations and images, shall vest exclusively in the Customer.

2.2 Disclaimer of warranty

AI-generated content is provided on an “as is” basis. imc does not make any representations or warranties, whether express or implied, regarding the accuracy, completeness, quality, or freedom from errors of the results. In particular, imc does not warrant that the generated content is free from third-party rights.

3. Hosting & Data Processing

Processing is strictly segregated by region:

4. Data Protection & IT Security

4.1 Purpose Limitation of Data Transfers

imc shall transmit to the engaged third-party providers only such content data as is strictly necessary for the provision of the respective AI functionality (e.g. titles, descriptions and metadata), in the form of so-called prompts. imc shall not transmit any identifying information relating to end users (in particular user profiles, real names or email addresses).

To the extent that the content data provided by the Customer contains personal data, such data may, for technical reasons, be transmitted to the respective third-party provider as part of the input text (prompt).

Processing shall be carried out solely for the purpose of providing the requested AI functionality and not for any other purposes.

4.2 No model training

The transmitted data shall not be used by the engaged third-party providers for the training or further development of AI models.

4.3 Tenant separation

No commingling of data between different customers shall take place. Access by other customers is excluded.

4.4 Data Residency

Where the contractually agreed hosting region is located within the European Union or the European Economic Area, the processing of data shall, in principle, take place within that region.

5. Updates & Notifications

5.1 imc reserves the right to unilaterally amend the AI models used, the third-party providers, as well as these terms, in order to reflect technological developments or changes in applicable law.

5.2 Material changes shall be published in the release notes of the Innovation Packs on the Customer Documentation Page: Releases and Patches | Scheer IMC - Customer Documentation (EN). Continued use of the AI services after the changes have taken effect shall constitute acceptance of such changes.

5.3 In the event of an objection, the AI services may be deactivated at any time. Any objection to these AI terms shall not affect the validity of the Main Agreement.

6. Term & Final Provisions

6.1 The use of the AI-based functionalities is tied to the term of the Main Agreement. Upon termination of the Main Agreement, irrespective of the legal grounds, the right to use the AI components shall automatically cease, and access to such functionalities shall be deactivated at system level. In the event of an objection pursuant to Clause 5.3, the right to use the affected AI services shall terminate upon their discontinuation.

6.2 By activating the AI components within the administration area of the software, the Customer confirms that it has read these Special Terms of Use and agrees to be fully bound by them.

6.3 The AI services may be deactivated by the Customer at any time with effect for the future via the administration area.

6.4 Unless otherwise expressly provided in these AI Terms, the provisions of the Main Agreement (including, without limitation, provisions on liability limitations, governing law and jurisdiction) shall continue to apply.

6.5 In the event of any conflict, these Special Terms of Use shall prevail over the provisions of the Main Agreement with respect to the AI services.