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AI Terms of Use

Effective Date: July 2, 2025

These AI Terms of Use (“AI Terms”) govern Customer’s use of AI Features (as defined below), and supplement the Ethena Services Agreement, Master Services Agreement, or other comparable agreement (“Agreement”) entered into by Ethena, Inc. (“Ethena”) and Customer. All capitalized terms not defined herein have the meanings set forth in the Agreement. By accessing or using the AI Features, Customer agrees to be bound by these Terms.

1. AI Features 

From time to time, Ethena may introduce features and capabilities as part of its Services that utilize artificial intelligence (“AI”), machine learning, or similar technologies (the “AI Features”). These Al Features developed by Ethena may include policy chatbot functionality, content translation services, voice-over generation and video dubbing, generative content creation, note summarization, administrative functions, and other features.

2. Admin Opt-In

All customer-facing AI Features require affirmative opt-in consent before initial use. Any Admin User of Customer ("Authorized Admin") may opt-in or opt-out of the AI Features on behalf of Customer, and by providing such opt-in consent, such Admin User represents that it has the authority to bind such entity to these Terms. For the avoidance of doubt, the Authorized Admin's decision to opt-in to the AI Features applies to all Authorized Users within the Customer's account. The current opt-in/opt-out status for AI Features will be displayed in admin settings and may be modified by the Authorized Admin at any time through the admin settings interface. Opting out of AI Features does not affect previously generated content. Content that was translated, analyzed, or otherwise processed by AI Features prior to opt-out will remain unchanged and accessible.

3. Ownership of AI Features 

Ethena owns and retains all rights, title, and interest, including intellectual property rights, in and to: (i) the AI Features, and all improvements, enhancements and modifications made by any party; (ii) any content generated by the AI Features, except for content that is an unaltered reproduction of Customer Data or is generated exclusively from Customer Data; and (iii) all Intellectual Property Rights in and to any of the foregoing. For clarity, any new content, templates, or other materials developed by Ethena using the AI Features, even if such development was informed by or incorporated Feedback from Customer, shall be the sole and exclusive property of Ethena. Notwithstanding the foregoing, Ethena claims no ownership rights in or to Customer Data used or shared with the AI Features.

4. Data Usage and Processing

a. Customer authorizes Ethena to process Customer Data through AI Features solely to provide the requested AI functionality. Customer Data will not be used to train, improve, or develop Ethena's or third-party AI models, unless Customer provides separate written consent. 

b. Ethena may utilize third-party AI providers, such as OpenAI, to provide the AI Features. Ethena is responsible for ensuring its agreement with such third-party AI providers are sufficient to meet its obligations to Customer under its Agreement.

c. Any Customer Data processed by the AI Features will be processed and deleted in accordance with the Agreement between Customer and Ethena.

5. Disclaimer

ALL AI FEATURES ARE PROVIDED ON “AS IS”. ETHENA DOES NOT MAKE ANY WARRANTY, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT. CUSTOMER UNDERSTANDS THAT AI TECHNOLOGY IS A DEVELOPING TECHNOLOGY WITH INHERENT RISKS THAT MAY NOT BE FULLY UNDERSTOOD. FURTHER, AI FEATURES MAY PRODUCE INACCURATE, INCOMPLETE, OR INAPPROPRIATE RESULTS, AND AI-GENERATED OUTPUT MAY CONTAIN ERRORS. ETHENA MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, SUITABILITY, OR RELIABILITY OF THE OUTPUT OF THE AI FEATURES. CUSTOMER AGREES THAT ETHENA DOES NOT PROVIDE LEGAL ADVICE OR ENGAGE IN THE PRACTICE OF LAW AND CUSTOMER AGREES THAT OUTPUT FROM THE AI FEATURES DOES NOT CONSTITUTE LEGAL ADVICE. CUSTOMER IS RESPONSIBLE FOR REVIEWING ANY OUTPUT FROM THE AI FEATURES TO ENSURE ITS ACCURACY AND APPROPRIATENESS FOR CUSTOMER’S PURPOSES.

6. Limitation of Liability

The total aggregate liability of the parties under and in connection with these Terms will be subject to, and count toward, the agreed limits of liability in the Agreement between the parties.

7. Acceptable Use 

Customer is responsible for compliance with applicable law related to its use of the AI Features. Customer is responsible for obtaining any necessary right and license for use of the Customer Data in the AI Features, and Customer agrees that it has the legal right and authority to access, use, and disclose to Ethena any Customer Data for use of the AI Features. Customer may not use or disclose personal data, personally-identifiable data, or other similarly protected information with the AI Features, except in compliance with applicable law, including applicable data protection law. 

Further, Customer may not access, use, or allow others to use the AI Features to: 

  • violate any applicable law; 
  • generate, promote, disseminate, or otherwise use or facilitate content that encourages discrimination, harassment, bullying, retaliation, or for any other illegal or unethical purposes; 
  • generate, promote, disseminate, or otherwise use or facilitate content that may violate or infringe upon the rights of others;
  • attempt to interfere with or disrupt the AI Features (or any related systems or networks); use the AI Features other than directly for Customer’s benefit
  • copy, modify or distribute any portion of the AI Features; 
  • rent, lease, or resell the AI Features; or 
  • reverse-engineer or access the AI Features in order to build a competitive product or service.

8. Severability 

If any portion of these Terms is found to be unenforceable, the unenforceable portion will be deemed amended to the minimum extent necessary to make it enforceable, and if it can’t be made enforceable, then it will be severed and the remaining portion will remain in full force and effect. If we fail to enforce any of these Terms, it will not be considered a waiver. Any amendment to or waiver of these Terms must be made in writing and signed by us. 

9. Updates

We may modify or update these Terms from time to time. The latest version will always be available at http://www.goethena.com/legal-privacy/ai-terms-of-use/. Changes will be indicated by an updated effective date at the top of these Terms. We encourage you to check these Terms regularly.

10. Contact

For questions about these Terms, please contact us by email at [email protected], or by mail at Ethena, Inc., 33 Nassau Ave., Second Floor, Brooklyn, NY 11222.