Artificial Intelligence Terms of Use
Effective Date: latest version posted May 23, 2024
1. Overview
These Artificial Intelligence (A.I.) Terms of Use (“A.I. Terms”) are a legal contract between you (“you”, “your”) and ASICS America Corporation (“ASICS”, "Company", “us”, “we” , “our”) and govern your access to and use of any A.I. functions, programs, tools, and services (“A.I. Functions”) of the website located at www.asics.com/us/en-us/ (the "Site") and apply in addition to ASICS’ Terms and Conditions of Use (U.S.) (“Terms of Use”) (including, without limitation its dispute resolution procedures in Section 18), Privacy Policy, and all other applicable product and service specific terms that are incorporated herein by reference as existing now, modified or created in the future. For purposes of these A.I. Terms, “artificial intelligence” shall mean a machine-based system that, for explicit or implicit objectives, infers, from the input it receives, how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.BY ACCESSING OR USING THE A.I. FUNCTIONS, YOU AGREE TO BE BOUND BY THESE A.I TERMS. BY AGREEING TO THESE A.I. TERMS AND USING THE A.I FUNCTIONS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD ALL OF THESE TERMS AND HAVE TAKEN TIME TO CONSIDER THE CONSEQUENCES AND RAMIFICATIONS CONTAINED HEREIN. IF AT ANY TIME YOU DO NOT ACCEPT ALL OF THESE A.I. TERMS, YOU MUST IMMEDIATELY CEASE USE OF ALL A.I. FUNCTIONS OR THE APPLICABLE PROGRAMS.
2. Conduct by A.I. Users
In addition to these A.I. Terms, all users of the A.I. Functions must comply with, and are governed by, the Terms of Use. You represent, warrant, and agree that you will not use, nor permit anyone to use on your behalf, the A.I. Functions in bad faith or in violation of these A.I. Terms or the Terms of Use, including, but not limited to, Section 2 of the Terms of Use, or if we determine that your actions with regard to the A.I. Functions fall outside of reasonable community standards, including but not limited to, promoting illegal activity or harassment, infringing on the intellectual property rights of another, creating abusive or fraudulent content as well as deceptive or misleading content, and/or violating the rights of another user or individual, we reserve the right, in our sole discretion, to terminate your ability to use the A.I. Functions and/or the Site and may take further action in our sole discretion.
3. Engagement; Input and Output; No Binding Obligations or Liability
You understand that on certain pages of the Site you may voluntarily engage with A.I. Functions, which use A.I. and advanced technology to help with your inquiries and enhance your experience. A.I. Functions are created, designed, and utilized to be responsive based on your input, including, but not limited to, information and inquiries you enter, and other information gathered by the A.I. Functions and the Site. ASICS hereby grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to utilize the A.I. Functions solely for the purposes described herein, and your license to use the A.I. Functions is subject to your compliance with these A.I. Terms and any and all applicable laws. You agree that you will not provide the A.I. Functions with any personal data or sensitive personal data, including but not limited to, name, email addresses, credit or debit card or other financial and payment information, health information, or other sensitive information unless expressly authorized to do so by the respective A.I. function. No product orders or customer service matters will be accepted through the A.I. Functions. For customer service matters, please visit here. A.I. Functions responses will be general in nature and are not intended to be, nor should they be considered to be, health, fitness, financial or other advice. Please consult with your health professional regarding your specific situation and before purchasing shoes or beginning an exercise program. ASICS does not have any control over what information you input, and, thus, your use of the A.I. Functions, including any text, information, and personal data you input, is at your own risk. ASICS does not represent, undertake, or warrant to any security or control of or to your input. ASICS also does not review your input, including text, names, or products, for accuracy, bias, or intellectual property rights clearance. You are solely responsible to ensure, and you hereby represent and warrant, that all of your inputs comply with the Terms of Use, these A.I. Terms, and any other applicable terms between you and ASICS and that you have all rights necessary, including applicable intellectual property and privacy rights, to provide your input to the A.I. Functions.
ASICS uses technology and services provided by third-party service providers for the A.I. Functions. Any personal or other information you provide to the A.I. Functions may be accessed, collected, retained, disclosed (including to ASICS personnel and third-party service providers) in real-time and later, and otherwise used and processed in accordance with the ASICS Privacy Policy.
You hereby authorize ASICS and its relevant third-party service providers to collect, use, store, analyze, and otherwise use or derive any findings from information you input into the A.I. Functions and any other information collected for the purposes of providing you with A.I. Functions, to review inputs and outputs, and to develop and improve the services and products of ASICS and its relevant third-party service providers, including as part of the development and training for A.I. Functions and other business purposes and services. Additionally, you understand and agree that information you input into the A.I. Functions will be retained by ASICS in order to answer questions and inquiries from you as well as other users. You acknowledge that any use of the services provided by third-party service providers, such as Amazon Web Services, Anthropic, etc., are governed by policies, terms, and conditions of such third-party service providers and which may change from time to time at the sole discretion of the third-party service providers, which you must review prior to your use of third-party service providers’ platforms.
The A.I. Functions may provide output that is not unique to you and may provide similar or the same output to other users. The outputs that are requested by and generated for other users are not considered your content. For example, the A.I. Functions are designed to provide recommendations of specific footwear that may be applicable to you based upon the input you provide and information gathered by the A.I. Functions. The A.I. Functions do not have the capability to determine what product is suitable for you in in all cases. ASICS does not guarantee accuracy of any output generated by the A.I. Functions. You should not rely upon factual assertions in outputs without independently checking their accuracy, as they may be false, incomplete, misleading, or not reflective of recent events or information. Given the uncertain nature of machine learning, and A.I. in general, use of the A.I. Functions may in some situations result in incorrect output that does not accurately reflect the input. ASICS makes no warranty, guarantee, or representation as to the accuracy or reliability of the A.I. Functions or whether such output may infringe on third-party intellectual property rights. You will evaluate the accuracy of any output, shall not rely on ASICS to do so, and shall use at your own risk.
A.I Functions are designed for specific and limited purposes and are not intended for any uses or requests outside of those express purposes. A.I. Functions are not permitted to make or solicit offers or acceptances on behalf of ASICS and may not create any legal binding obligation or liability on ASICS.
4. Intellectual Property Rights
Except for the limited rights expressly granted under these A.I. Terms, no license or other rights (express or implied) in or to the A.I. Functions or any output generated thereby are granted, assigned, licensed or conveyed to you, and all outputs are owned by ASICS. ASICS respects the intellectual property rights of others and encourages you to do the same. If you believe that your copyright-protected work was used through the A.I. Functions without your consent, please see Section 5 of the Terms of Use available here and immediately contact IP.US@asics.com to request that the content be removed.
5. Disclaimers
IN ADDITION TO THE DISCLAIMER INCLUDED IN THE TERMS OF USE, THE A.I. FUNCTIONS, AND ANY CONTENT INCLUDED IN THE OUTPUTS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT ON ALL USES AND/OR PURCHASES.
ASICS, ON BEHALF OF ITSELF, ITS AFFILIATES AND APPLICABLE THIRD-PARTY PROVIDERS (COLLECTIVELY, THE “RELEASEES”, AND EACH, A “RELEASEE”), MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE A.I. FUNCTIONS, OR THE CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE INPUT, INCLUDING, BUT NOT IMITED TO, ACCURACY OF THE OUTPUT, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE A.I. FUNCTIONS, INCLUDING, BUT NOT LIMITED TO, ANY PRODUCT RECOMMENDATION, AND WHETHER THE OUTPUT MAY INFRINGE, MISAPPROPRIATE OR VIOLATE ANY THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS. THE RELEASEES WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM YOUR USE OF THE A.I. FUNCTIONS OR ANY ERRORS OR OMISSIONS CONTAINED THEREIN. YOU SHOULD SEEK INDEPENDENT ADVICE BEFORE YOU RELY ON ANY OUTPUT GENERATED BY THE A.I. FUNCTIONS.
6. Limitation of Liability
IN ADDITION TO THE LIMITATION OF LIABILITY INCLUDED IN THE TERMS OF USE, YOU AGREE THAT YOUR USE OF THE A.I. FUNCTIONS IS AT YOUR OWN RISK AND THAT THE RELEASEES’ SOLE OBLIGATION TO YOU IS TO PROVIDE THE A.I. FUNCTIONS “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, THE COMPANY'S NEGLIGENCE, SHALL THE RELEASEES BE LIABLE TO YOU OR ANYONE ELSE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION THAT ARISE OUT OF OR RESULT FROM THE USE OF, THE INABILITY TO USE, OR ERRORS OR OMISSIONS IN THE CONTENTS AND FUNCTIONS OF THE A.I. FUNCTIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF A RELEASEE OR AN AUTHORIZED REPRESENTATIVE OF THE RELEASEE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE COMPANY'S OR ANY RELEASEE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS ($100.00). IF ANY PART OF THIS LIMITATION OF LIABILITY IS DETERMINED TO BE UNENFORCEABLE OR INVALID FOR ANY REASON, YOU AGREE THAT ASICS’ OR ANY RELEASEE’S LIABILITY TO YOU FOR ANY DAMAGE OR LOSS SHALL BE LIMITED TO THE FULLEST EXTENT ENFORCEABLE BY APPLICABLE LAW.
7. Right to Change These A.I. Terms or A.I. Functions
ASICS reserves the right to add, change, discontinue, remove, or suspend any A.I. Functions, temporarily or permanently, at any time, without notice and without liability. We may also change, update, add or remove provisions of these A.I. Terms from time to time. We will inform you of any modifications to these A.I. Terms by posting the modified terms of use on the Site. As soon as they are accepted by you, any changes to these A.I. Terms or any additional terms posted on the Site shall apply retroactively to any use or claims that arose or were raised prior to the posting of such A.I. Terms, except to the extent prohibited by applicable law. By continuing to use the A.I. Functions after any changes are posted, you are indicating your acceptance of and agreement to those changes.
If you object to any such modifications to the A.I. Terms or A.I. Functions, your sole recourse shall be to cease using the A.I. Functions. Continued use of the A.I. Functions following any such changes or notice of modifications of the A.I. Terms indicates you acknowledge and agree to be bound by the modifications.