The following terms (“Notion AI Learning and Early Access Program Terms” or “LEAP Terms”) supplement the Master Subscription Agreement and Personal Use Terms of Service (each, respectively and as applicable, the “Agreement”) between you and Notion Labs, Inc. (“Notion”) and apply to and govern your participation in a program (the “Early Access Program”) that allows program participants access to features (“Early Access Features”) utilizing Notion AI before such features are generally available. For the purposes of these LEAP Terms and where the Personal Use Terms of Service apply, any reference to Customer Data shall also mean User Content. All other defined terms in these LEAP Terms shall have the same meaning as in the Agreement. The Early Access Features are a Beta Service as that term is defined in the Master Subscription Agreement until an Early Access Feature becomes generally available. The applicable Agreement (including our Privacy Policy and Notion AI Supplementary Terms) is incorporated by reference and will control for any provisions not addressed in these LEAP Terms.
Notion may suspend or terminate your access to or use of Early Access Features at any time and for any reason. You acknowledge Notion is under no obligation to make the Early Access Features generally available and may never do so. Further, upon an Early Access Feature becoming generally available, you acknowledge that continued access and use of the Early Access Features may be subject to your agreement to pay additional fees. We reserve the right to modify or terminate the Early Access Program, the LEAP Terms, or your use of an Early Access Feature, to limit or deny access to a Early Access Features and/or participation in the Early Access Program, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. To terminate these LEAP Terms, discontinue your use of Early Access Features and/or your participation in the Early Access Program, contacting the Notion customer support team at [email protected].
The Early Access Features utilize artificial intelligence and machine learning models, which can improve over time to better address specific use cases. We do not and will not permit third parties to use Customer Data to improve or train their AI models. In addition to the rights granted by you in the Agreement, you grant to Notion a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, and modify (for formatting purposes only), Customer Data in connection with updating the Service and Notion Content (if applicable), including to improve or train Notion’s machine learning models for all users of the Service. This license to Customer Data existing prior to termination will survive the termination of this Addendum unless revoked by You in writing by contacting [email protected]. Upon termination of these LEAP Terms, Notion’s use of any 1) Customer Data you upload or create or 2) your modifications to Customer Data, after termination will be governed by rights and licenses granted by you in the Agreement. Notwithstanding the foregoing, Notion retains all rights to any updates to the Service and Notion Content.
Information that is disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with the LEAP Terms that is identified as confidential or that would reasonably be understood to be confidential based on the nature of the information or the circumstances surrounding its disclosure, is Confidential Information of the Disclosing Party. The Early Access Features and all information provided or disclosed to you relating to the Early Access Features is Confidential Information of Notion and Customer Data is your Confidential Information. The Receiving Party shall use the same degree of care to protect such Confidential Information that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care) (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of these LEAP Terms, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ users, and other employees, contractors and agents who need such access for purposes consistent with these LEAP Terms and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE EARLY ACCESS FEATURES AND ALL OUTPUT ARE PROVIDED BY NOTION ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF THE EARLY ACCESS PROGRAM OR EARLY ACCESS FEATURES, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTION EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NOTION MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, NOR DOES NOTION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE EARLY ACCESS FEATURES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE EARLY ACCESS FEATURES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY OF THE EARLY ACCESS FEATURES IS DONE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE EARLY ACCESS FEATURES IS NOT IN SCOPE FOR NOTION’S SOC 2 TYPE II AND OTHER INDEPENDENT SECURITY AUDITS AND SECURITY CERTIFICATIONS. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NOTION OR THROUGH THE EARLY ACCESS FEATURES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.