Terms of Use

Introduction

These Terms of Use govern your access to and use of Bonzai, an AI-powered digital assistant. By accessing or using Bonzai, you acknowledge that you have read, understood, and agree to be bound by these Terms. 

To the extent you have existing agreements with iO, those agreements shall remain unaffected and continue to govern your use of other relevant services. These Terms of Use do not supersede any existing agreements except as they relate to the access and use of Bonzai.

Definitions

  • Bonzai: Bonzai is an artificial intelligence orchestration platform developed by iO which manages and integrates multiple underlying software tools. These are (currently) Microsoft Azure OpenAI, AWS Bedrock and Google Cloud.
  • Customer: the party that has entered into an agreement with iO for the use of Bonzai.
  • iO: all companies that are part of the group of enterprises under the by Belgian law established holding company iO Group NV, with enterprise number 0712.677.311.

License 

iO retains the full rights to Bonzai, including any technology, software and algorithms and any further developments of the tool. Customer obtains a license to use Bonzai. The right to use the AI tool is non-exclusive, non-transferable, non-pledgable, and non-sublicensable.

Tools

By using Bonzai, you are indirectly making use of the underlying tools and technologies that power our model. This document sets out the terms regarding ownership, training, commercial use and uniqueness of these underlying tools and technologies.

Acceptable Use

  • Bonzai may only be used by the Customer for lawful purposes and in compliance with these Terms of Use. Bonzai may not be used for any purpose contrary to applicable laws, including but not limited to illegal, harmful and discriminatory purposes, or contrary to public order, moral standards, or societal decency.

  • Customer will not permit anyone else to use Bonzai in its name.
  • Customer shall only engage individuals who possess sufficient technical knowledge, experience, education, and training regarding (the use of) AI systems and who have an understanding of the context in which the AI systems will be used, as well as the individuals or groups of individuals on whom the AI systems will be applied.
  • Customer using Bonzai is solely responsible for ensuring compliance with the EU AI Act and all applicable (AI) regulations. This includes but is not limited to:
    • Customer must ensure Bonzai is not used for prohibited AI practices under the AI Act, including subliminal techniques, exploitation of vulnerabilities, social scoring by public authorities, or real-time remote biometric identification in publicly accessible spaces (except in specific law enforcement cases).
    • When Bonzai is used in high-risk AI applications (including but not limited to CV screening, recruitment decisions, credit assessments, biometric identification, critical infrastructure management, educational assessments, or any automated decision-making significantly affecting individuals), Customer must implement required compliance measures including human oversight, risk management systems, data governance, transparency, accuracy requirements, and conformity assessments.
    • Customer must provide appropriate transparency and information to users when Bonzai is used in ways that require disclosure under the AI Act, including when individuals interact with AI systems or when AI-generated content is presented.
    • Customer is responsible for determining the AI Act classification of their specific use case and implementing corresponding compliance measures. iO provides no warranties regarding AI Act compliance and assumes no liability for Customer's regulatory obligations.
  • While Bonzai strives for accuracy, Bonzai's output may contain errors and should be verified by Customer. Customer Is responsible for reviewing and validating Bonzai-generated content before use. 
  • Customer shall ensure that all data uploaded to Bonzai is free from viruses, trojans, worms, malicious code or other harmful software and the data will not damage, disrupt or interfere with the operation of Bonzai.
  • If Customer becomes aware of any infringements (or attempts at infringement) that might impact Bonzai or that may be contrary to applicable laws or these Terms of Use, they will immediately notify iO.

Security

Bonzai shall implement and maintain reasonable security measures. These security measures are described in this document. 

Data Handling and Privacy

The measures regarding personal data and privacy are set out in this DPA. 

Regulatory Changes

Customer acknowledges that (AI) regulations are evolving and commits to maintaining compliance with current and future requirements independently of iO's services and the use of Bonzai.

Intellectual Property

  • iO claims no ownership over the generated output (nor input). Outputs generated by Bonzai may be subject to specific licensing terms, which can be consulted in this document describing ownership, training, commercial use and uniqueness of the underlying tools and technologies.
  • Given the nature of AI technology, similar or identical outputs may be generated for other users with comparable prompts. iO cannot guarantee unique or exclusive content generation. 
  • Given the continuing uncertainty surrounding the impact of artificial intelligence on intellectual property rights, iO shall use its best endeavors to observe all relevant statutory provisions.
  • Where doubt arises, consult legal (legal@iodigital.com) to establish proprietary rights in the generated materials and confirm whether title to such rights vests in the client.
  • Customer shall promptly notify iO of any actual or suspected intellectual property infringement or unauthorized use relating to Bonzai of which it becomes aware.

Liability 

  • Bonzai is provided "as is" without warranties of any kind, express or implied, including but not limited to accuracy, completeness, or fitness for a particular purpose.
  • iO is not liable for decisions made based on Bonzai's outputs. iO excludes all liability for any direct, indirect, incidental, special, or consequential damages arising from the use of Bonzai, including but not limited to business losses, data loss, or regulatory penalties resulting from non-compliance with applicable laws. Customer acknowledges that the use of AI and compliance with applicable laws is their own responsibility. Customer agrees to indemnify iO for any and all damages, penalties, claims by third parties, and legal consequences arising from their use of Bonzai. Customer provides full indemnification for any potential copyright violations.

Updates and Changes

iO reserves the right to update these Terms of Use. Customers will be notified of significant changes. Continued use of Bonzai constitutes acceptance of any updated terms. 

Consent and Acknowledgment

By using Bonzai, you consent to the terms outlined in this policy and acknowledge that you have read and understood its contents. These Terms apply to all users, including iO employees, clients, and third-party users.

For questions or concerns regarding this policy, please contact the iO legal team via legal@iodigital.com