Adobe Creative Cloud Generative AI Beta Additional Terms

Last updated May 8, 2023.

These Additional Terms govern your use of beta generative AI features in our Services and Software and are incorporated by reference into the Adobe General Terms of Use ("General Terms") located at www.adobe.com/go/terms (these Additional Terms and the General Terms are collectively referred to as “Terms”). Capitalized terms not defined here have the same meaning as defined in the General Terms.

1. Generating Content. When you use generative AI features, you may be asked to input or upload material, such as an audio file, video file, document, image, or a text prompt (collectively “Input”). The Input will be used by the Services and Software to generate an output, such as an image, text, text effects, vector graphic, audio file, or video file, which will be displayed within the Services and Software (“Output”). The Input and Output are your Content and all provisions governing Content in the Terms apply to the Input and Output; provided, however, that you may not use the Output for any commercial purpose. The generative AI features, Input, and Output must be used in accordance with the Adobe Generative AI Beta User Guidelines located at https://www.adobe.com/go/adobe-gen-ai-user-guidelines (“Guidelines”), which may be modified from time to time. Adobe reserves the right to throttle, limit, disable, suspend, or terminate your right to use or access the generative AI features at any time in our sole discretion.

2. Input. You are solely responsible for your Input. You must not submit any Input that: (a) includes trademarks or other materials protected by third-party Intellectual Property Rights, unless you have sufficient rights in such materials; (b) is intended to generate Output that is substantially similar to a third party’s copyrighted work or is otherwise protected by third-party Intellectual Property Rights, unless you have sufficient rights in such work; (c) violates applicable law; or (d) violates the Guidelines. We may automatically block your Input, in our sole discretion, if we believe it violates the rights of a third party, applicable law, our Guidelines, or our Terms.

2.1 Personal Information. While we encourage you not to input or upload personal information into generative AI features, if you use the Services and Software to process personal information, including using personal information in your Input, you must comply with all data protection and privacy laws and regulations applicable to personal information you process in the Services and Software, including providing privacy notices and obtaining consent, where required.

3. Output.

3.1 Your Responsibilities. You are solely responsible for the creation and use of the Output and for ensuring the Output complies with our Terms and our Guidelines; however, we may use available technologies, vendors, or processes to screen for and block Output that may violate applicable law, the rights of a third party, our Terms, or our Guidelines before the Output is delivered to you. Adobe disclaims all warranties, express or implied, regarding the Output, including any implied warranties that the Output will not violate the rights of a third party or any applicable law. In addition, you must not remove or alter any watermarks or Content Authenticity Initiative metadata (e.g., Content Credentials) that may be generated with the Output, or otherwise attempt to mislead others about the origin of the Output. See https://contentauthenticity.org for more information.

3.2 Suitability of Output. Use of generative AI features may produce Output that is unexpected or unsuitable for some users. The Output may not be unique and other users of generative AI features may generate the same or similar Output. The Output might not be protectable by Intellectual Property Rights.

3.3 Exceptions. Notwithstanding anything set forth in these Terms to the contrary, Section 8.2 (Indemnification) of the General Terms does not apply to Output.

4. Licenses to Adobe.

4.1 Firefly Gallery. If you submit Output to the Firefly gallery, which is a feature of Firefly Beta, you grant us a non-exclusive, irrevocable, worldwide, royalty-free license to use, reproduce, distribute, modify, sublicense, create derivative works based on, publicly display, publicly perform, or translate both the submitted Output and the corresponding Input for marketing purposes and to allow other Firefly Beta users to use said Input and Output to generate their own Output.

4.2 Product Improvement. In addition to Adobe’s rights described in Section 3.11(A) of the General Terms, Input and Output from your use of generative AI features may be used to train and improve our Services and Software.

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