Pega GenAI Blueprint™ Agreement
This Pega GenAI Blueprint (“Blueprint”) Agreement (this “Agreement”) is a legal agreement between the Pega customer, prospect or partner organization on whose behalf you are requesting access to Blueprint (“you” and “yours”) and Pegasystems Inc. ("Pega"). This Agreement governs your access to and use of Blueprint. You should carefully read these terms prior to agreeing to them. Capitalized terms in this Agreement not immediately defined after use are otherwise defined in Section 7.
- Licenses, Restrictions and Ownership:
- You are licensed to access and use Blueprint for evaluation and development purposes. In using Blueprint, you may provide inputs to Blueprint (“Input”), and receive output from Blueprint, including but not limited to a structured workflow model, including data structures and other related information (a “Workflow”), an output file and a visualization of a Workflow or Workflows (collectively, and individually, “Output”). You may use Output solely for use with and in Pega’s products.
- You grant to Pega, and its partners and agents working on behalf of Pega, a license to host, store, use, copy, execute, transmit and display Input and Output from your use of Blueprint, including Your Data and to log usage, telemetry, diagnostic data and content of prompts and responses.
- Pega will not use Your Data, Input or Output to train Pega GenAI models or to assist third parties in creating Inputs. In addition, other than with regard to the name of your organization, the applicable industry and application purpose, all of which Pega may use and share with its partners, Pega will not share any of your Inputs or Output with any third party.
- Unless specifically authorized by law, you may not reverse engineer, decompile, disassemble or otherwise attempt to determine source code or protocols from Blueprint.
- Pega retains all right, title and interest to Blueprint and any derivatives, modifications, enhancements, and any Background Materials, including all intellectual property rights. Blueprint is the proprietary property and Confidential Information of Pega. No rights are granted to you other than as expressly set forth in this Agreement.
- Prompts and information provided by users in their use of Blueprint may be similar to or the same as your Inputs and are not considered your Inputs. Blueprint Output may not be unique and other users may receive similar content from Blueprint. Responses that are requested by and generated for other users are not considered your Output.
- Blueprint will contain Pega’s copyright notice, and you will reproduce such notice in any permitted copy made by you. You shall not make any change, alteration or modification to Blueprint, except as permitted herein.
- Your Responsibilities. You will:
- Use Blueprint and Outputs only in accordance with the term of this Agreement, the applicable Documentation, and applicable laws and government regulations;
- Not sell, resell, rent, outsource, timeshare, demonstrate or otherwise provide access to or show Blueprint or Outputs to any third party (other than Pega authorized partners providing an Output to a Pega client or registered prospect, subject to the terms herein and on the Output file) without prior written permission of Pega;
- Not use any actual customer data, PII, personal health information, other sensitive personal information or any information you are not authorized to use in Blueprint; and
- Comply with the Acceptable Use Policy, the Pega.com Terms of Use and all applicable laws.
- No Commitment. Use of Blueprint is not an offer or commitment by Pega and does not create any legal obligation for Pega, including to deliver any material, code, or functionality. The timing of the development and release of any features or functionality of Blueprint or other Pega products remains at Pega’s sole discretion.
- Warranties and Disclaimers and Limitation of Liability. PEGA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. In no event will Pega be liable for any consequential, special, indirect, or punitive damages of any nature. In no event will Pega be liable for direct damages in the aggregate for any amounts in excess of $5,000.
- Pega GenAI Terms and Conditions. Blueprint utilizes Pega GenAI and, therefore, the following terms apply to use of Blueprint.
- Use of Pega GenAI. You acknowledge that, as of the Effective Date of this Agreement, Pega GenAI utilizes Microsoft’s Azure OpenAI Service. Your use of Pega GenAI shall comply at all times with the then current terms of service from Microsoft (currently found at https://www.microsoft.com/licensing/terms/productoffering/MicrosoftAzure/MCA#ServiceSpecificTerms) and OpenAI (currently found at https://openai.com/policies/terms-of-use) which terms are incorporated in this Agreement by reference to them.
- Third-Party Claims.
- You understand and acknowledge that Generative AI systems, including Pega GenAI, may produce similar responses to similar prompts or queries from multiple individuals, and that rights in results may not be enforceable against third-parties.
- You are responsible for responding to any third-party claims regarding your use of Generative AI, including Pega GenAI (including, but not limited to, copyright infringement or other claims relating to results of Your use of Generative AI, including Pega GenAI).
- Disclaimers and Limitations. You acknowledge that use of Generative AI, including Pega GenAI, may not be accurate, reliable, safe or beneficial. Generative AI, including Pega GenAI, may produce incorrect or inaccurate results. You shall evaluate the accuracy of any results from Generative AI, including Pega GenAI, and validate, including by using human review, that such result is appropriate. You acknowledge that Generative AI, including Pega GenAI, may produce odd, incorrect, inaccurate, or unintended results and such results may be offensive or discriminatory. If you do encounter any such offensive or discriminatory output, please disregard such output. You shall be fully responsible for utilizing any results produced by Generative AI, including Pega GenAI.
- Miscellaneous.
- Pega may update the terms of this Agreement from time to time and continued use of Blueprint will be deemed to be your acceptance of the updated terms. This is the complete agreement between the parties regarding access and use of Blueprint. Any previous agreements and understandings between the parties regarding the subject matter of this Agreement, whether written or oral, are superseded by this Agreement.
- Each party agrees that any Confidential Information of the other party is the exclusive proprietary property of such party or its licensors. Each party agrees to receive and hold any Confidential Information supplied by the other party in confidence and agrees not to disclose or publish any such Confidential Information to any third parties and not to use any such Confidential Information except for those purposes specifically authorized by the disclosing party. You may not assign or delegate any rights or obligations under this Agreement without Pega’ prior written consent.
- Pega may terminate this Agreement at any time for any reason. Sections 1b – 1f and Sections 3- 6 will survive the termination of this Agreement.
- If any portion of this Agreement is declared by a court of competent jurisdiction to be overbroad or unenforceable, the remainder of this Agreement will be valid and enforceable to the fullest extent permitted.
- Definitions: As used in this agreement, the following terms are defined below.
- “Acceptable Use Policy” means the then current policy as published at the following link as updated time to time by Pega: https://www.pega.com/acceptable-use.
- “Azure OpenAI Service” is the Generative AI service provided by Microsoft Corporation which utilizes OpenAI’s technology for generating content.
- “Background Materials” means processes, methods, software, templates, related documentation, designs and know-how which Pega creates independently of the services for you. Background Materials also include all tangible and intangible materials created by Pegasystems that generally apply to other Pegasystems customers, products or services and which do not include any of Your Confidential Information.
- “Business Contact Data” means business contact information (the names, titles and roles, business phone numbers, business office and email addresses) of each party’s employees and contractors.
- “Confidential Information” means all non-public information provided by or on behalf of a party to the other party related to the disclosing party’s business, including but not limited to Pega’s software and Documentation.
- “Documentation” consists of user manuals for the software and Blueprint, which are made available on Pega.com or by on-line help.
- “Generative AI” refers to the technology and algorithms used to generate text, code, or any other form of content in response to an input or prompt.
- “Pega.com Terms of Use” means the terms published at the following link, as updated time to time by Pega: https://www.pega.com/terms.
- “Pega GenAI” refers to features and capabilities that utilize Generative AI and are made available by Pega as part of Blueprint.
- “PII” means any information relating to any identified or identifiable natural person, or otherwise regulated under data privacy laws applicable to Pega.
- “Your Data” means any information received from or on behalf of you that is stored, transferred, or processed by Blueprint. Your Data includes Business Contact Data.