AI-SPECIFIC PROVISIONS

These “AI-Specific Provisions” apply to the use of Sunny and supplement the Sunny Terms of Use. The Service incorporates artificial intelligence and machine learning technologies (collectively, “AI Technologies”) to provide certain features, including but not limited to content generation, recommendations, tour planning assistance, natural language processing, and other automated functionalities. By using any AI-powered feature of the Service, You acknowledge and agree to the terms set forth in these supplemental terms.

1.1 Nature of AI Technology. You acknowledge that AI Technologies are inherently probabilistic and generate outputs based on statistical patterns, training data, and algorithmic processes. AI Technologies do not possess human judgment, understanding, or independent reasoning. The AI models underlying the Service may produce results that are unexpected, incomplete, inaccurate, or inconsistent across separate interactions, even when provided with identical or substantially similar inputs.

1.2 Experimental and Evolving Technology. You acknowledge and agree that:

  1. AI Technologies integrated into the Service are continuously evolving and may be updated, modified, retrained, or replaced at any time without prior notice to You.
  2. The performance, capabilities, and behavior of AI models may change over time as a result of retraining, fine-tuning, updates to underlying models, or changes in data sources.
  3. Certain AI-powered features may be designated as beta, experimental, or preview features, and such features are provided without any guarantee of continued availability, stability, or accuracy.
  4. Company does not represent or warrant that AI Technologies will operate without interruption, error, or degradation in quality at any given time.

1.3 Limitations of AI-Generated Content. AI Outputs generated through the Service are produced by automated systems and are subject to the following limitations:

  1. AI Outputs may contain factual errors, fabricated information (commonly referred to as “hallucinations”), outdated data, logical inconsistencies, or misleading statements.
  2. AI Outputs may reflect biases present in training data and may not account for all relevant perspectives, legal requirements, cultural considerations, or individual circumstances.
  3. AI Outputs do not constitute professional advice of any kind, including but not limited to legal, medical, financial, tax, travel safety, or other specialized advice.
  4. AI Outputs may not reflect the most current information available and should not be relied upon as a substitute for independent research, professional consultation, or the exercise of Your own judgment.
  5. AI models may generate similar or identical outputs for different users, and Company does not guarantee the uniqueness or originality of any AI Output.

1.4 No Guarantee of Results. Company makes no representation or warranty, express or implied, that AI Technologies will produce outputs that are accurate, complete, reliable, suitable for any particular purpose, or free from error. The inclusion of AI-powered features within the Service does not constitute an endorsement, verification, or validation of any AI Output by Company.

1.5 Your Responsibility. You bear sole responsibility for evaluating, verifying, and determining the appropriateness of any AI Output before relying upon, publishing, distributing, or otherwise using such output. You agree to independently verify all factual claims, data points, recommendations, and other information contained in AI Outputs, particularly where such information may affect health, safety, legal rights, financial decisions, or travel plans.

1.6 Human Oversight. Company strongly recommends that You exercise human oversight and independent judgment when interacting with AI-powered features of the Service. AI Outputs are intended to assist and inform You, not to replace professional expertise or independent decision-making.

1.7 Third-Party AI Models. Certain AI-powered features of the Service may rely on AI models, APIs, or technologies provided by third parties. Company does not control the underlying architecture, training data, or operational behavior of such third-party AI models and disclaims all liability arising from or related to the performance, outputs, or failures of third-party AI technologies. Use of such features may be subject to the terms and conditions of the applicable third-party provider, as referenced in Section 14 of the Terms of Use.

1.8 Prohibited AI Uses. Without limiting the restrictions set forth in the Terms of Use, You shall not use AI-powered features of the Service to:

  1. Generate content that is unlawful, harmful, threatening, abusive, defamatory, obscene, or otherwise objectionable.
  2. Attempt to extract, reverse engineer, or reconstruct the underlying AI models, training data, algorithms, weights, or parameters used by the Service.
  3. Systematically generate AI Outputs for the purpose of creating competing products or services.
  4. Circumvent or attempt to circumvent any safety filters, content moderation systems, usage limits, or other technical restrictions applied to AI-powered features.
  5. Generate content intended to deceive, defraud, or mislead any person, including but not limited to the creation of deepfakes, synthetic media for impersonation, or disinformation.
  6. Use AI Outputs in any manner that violates applicable law, regulation, or the rights of any third party.

1.9 Data Processing for AI Features. You acknowledge that inputs submitted to AI-powered features may be processed by Company and, where applicable, by third-party AI service providers for the purpose of generating AI Outputs. The collection, use, and processing of Your data in connection with AI features is governed by Sunny’s Privacy Policy. Company may use aggregated, de-identified, or anonymized data derived from Your interactions with AI features to improve, train, or develop AI Technologies, subject to the terms of the Privacy Policy.

1.10 Assumption of Risk. By using any AI-powered feature of the Service, You expressly assume all risk associated with the use of AI Technologies and AI Outputs. You agree that Company shall not be liable for any loss, damage, claim, or expense arising from Your reliance on, use of, or inability to use AI Outputs, except to the extent such liability cannot be excluded under applicable law.

  1. USER INPUTS

2.1 Responsibility for Inputs. You are solely responsible for all data, text, prompts, queries, images, files, and other materials that You submit, upload, transmit, or otherwise provide to the Service (collectively, “User Inputs”). Company does not control, pre-screen, or verify User Inputs and assumes no liability for their content, accuracy, or legality.

2.2 Representations and Warranties Regarding User Inputs. By submitting any User Inputs to the Service, You represent and warrant that:

  1. You own or have obtained all necessary rights, licenses, consents, and permissions to submit the User Inputs and to grant the licenses described in this Section 2;
  2. The User Inputs do not infringe, misappropriate, or violate any third party’s Intellectual Property rights, privacy rights, publicity rights, or any other proprietary or personal rights;
  3. The User Inputs do not contain any material that is defamatory, obscene, threatening, harassing, discriminatory, or otherwise unlawful;
  4. The User Inputs do not contain viruses, malware, spyware, or any other harmful or malicious code, files, or programs;
  5. The User Inputs comply with all applicable local, state, national, and international laws, regulations, and rules, including without limitation data protection and export control laws; and
  6. The User Inputs do not include sensitive personal data (such as Social Security numbers, financial account numbers, health information, or government-issued identification numbers) unless the Service expressly provides a feature designed to receive and process such data and You have complied with all applicable requirements for its submission.

2.3 License Grant to Company. You hereby grant to Company a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, process, analyze, store, and display the User Inputs solely to the extent necessary to (a) operate, maintain, and improve the Service; (b) generate AI Outputs and other results requested by You; (c) train, develop, and refine Company’s AI models and algorithms, subject to the terms of the Privacy Policy; and (d) comply with applicable law or respond to valid legal process. This license survives termination of your account solely with respect to User Inputs that have been incorporated into aggregated or de-identified datasets in accordance with the Privacy Policy.

2.4 No Obligation to Use. Company is under no obligation to use, display, or retain any User Inputs. Company reserves the right, but has no obligation, to review, filter, refuse, remove, or disable access to any User Inputs at any time and for any reason, including if Company reasonably believes that the User Inputs violate these Terms or applicable law.

2.5 Prohibited Inputs. Without limiting other restrictions in the Terms of Use, You shall not submit User Inputs that are designed or intended to (a) circumvent, disable, or interfere with any security, access control, or rate-limiting features of the Service; (b) extract model weights, parameters, training data, or other proprietary information from the Service’s AI systems; (c) generate Content that violates applicable law or the rights of any third party; or (d) manipulate, exploit, or abuse the AI models through prompt injection, adversarial inputs, or similar techniques.

2.6 Accuracy of Inputs. You acknowledge that the quality, relevance, and accuracy of AI Outputs and other results generated by the Service depend in significant part on the quality, relevance, and accuracy of the User Inputs. Company disclaims all liability for AI Outputs or other results that are inaccurate, incomplete, or otherwise unsatisfactory due to erroneous, misleading, or incomplete User Inputs.

2.7 Retention and Deletion. Company may retain User Inputs for the periods and in the manner described in the Privacy Policy. Upon termination of your account, Company will handle User Inputs in accordance with the Terms of Use and the Privacy Policy. Certain User Inputs that have been aggregated, de-identified, or incorporated into AI training datasets may be retained after account termination to the extent permitted by applicable law and the Privacy Policy.

  1. AI OUTPUTS

3.1 Definition of AI Outputs. “AI Outputs” means any text, images, recommendations, itineraries, summaries, suggestions, or other content generated by the Service’s artificial intelligence or machine learning features in response to User Inputs or other interactions with the Platform.

3.2 Ownership of AI Outputs. As between Company and You, and subject to the limitations set forth in this Section 3 and elsewhere in these Terms, Company hereby assigns to You all right, title, and interest, if any, that Company may hold in AI Outputs generated specifically in response to that User’s Inputs, to the extent such AI Outputs are capable of ownership under applicable law. You acknowledge and agree that:

  1. AI Outputs are generated through automated processes and may not qualify for intellectual property protection under the laws of any jurisdiction.
  2. Identical or substantially similar AI Outputs may be generated for other users who submit similar or identical Inputs, and Company’s assignment of rights under this Section 3.2 does not grant You exclusive rights to any AI Output.
  3. Company makes no representation or warranty that any AI Output is original, unique, or free from third-party intellectual property claims.
  4. You assume all risk associated with any claim that an AI Output infringes, misappropriates, or otherwise violates the rights of any third party.

3.3 License to Company. You grant to Company a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, distribute, and display AI Outputs for the following purposes: (a) operating, maintaining, and improving the Service; (b) training, refining, and developing Company’s AI models and algorithms; (c) generating aggregated or de-identified analytics; and (d) complying with applicable law or legal process. This license survives termination or expiration of your account or this Agreement.

3.4 Permitted Uses. Subject to these Terms, You may use AI Outputs for personal purposes, provided that such use complies with all applicable laws, regulations, and third-party rights. You are solely responsible for evaluating the suitability of any AI Output before relying on it or distributing it to others.

3.5 Restrictions on AI Outputs. You shall not:

  1. Represent any AI Output as the product of solely human authorship where such representation would be misleading or would violate applicable law or regulation.
  2. Use AI Outputs to generate spam, misleading content, disinformation, or any material that violates these Terms or applicable law.
  3. Use AI Outputs to infringe, misappropriate, or violate the intellectual property rights, privacy rights, or other rights of any third party.
  4. Redistribute, sublicense, or sell AI Outputs as a standalone dataset, training corpus, or similar compilation for the purpose of developing competing AI or machine learning products or services.
  5. Use AI Outputs in any manner that could create liability for Company or damage Company’s reputation or goodwill.

3.6 No Guarantee of Accuracy or Completeness. AI Outputs are provided on an “as is” basis. Company does not warrant or guarantee the accuracy, completeness, reliability, currentness, or fitness for any particular purpose of any AI Output. AI Outputs may contain errors, omissions, outdated information, or content that is factually incorrect. You must independently verify all AI Outputs before making decisions or taking actions based on such content.

3.7 No Professional Advice. AI Outputs do not constitute legal, financial, medical, travel safety, or other professional advice. You should consult qualified professionals before relying on any AI Output for decisions that may have legal, financial, health, or safety implications.

3.8 Retention and Availability. Company may, but is not obligated to, store or retain AI Outputs. You are responsible for saving, downloading, or otherwise preserving any AI Outputs that You wish to retain. Company shall have no liability for the loss, deletion, or unavailability of any AI Output.

3.9 Modification and Removal. Company reserves the right, in its sole discretion, to modify, filter, refuse to generate, or remove any AI Output that Company determines, in its reasonable judgment, violates these Terms, applicable law, or Company’s content policies. Company shall have no obligation to notify You prior to taking such action.