Mend AI-Powered Code Features Supplemental Terms of Service
Last Updated: September 2024
These Mend AI-Powered Code Features Supplemental Terms of Service (the “Supplemental Terms”) shall govern your use of Mend AI-powered code products and features made available to you by us in connection with our Services as listed below (“Mend AI-Powered Code Features”) and shall be added as a supplement to the legal terms governing your subscription to the Mend services (the “General Terms”). By opting in to using one or more of the Mend AI-Powered Code Features, you agree to be bound by these Supplemental Terms.
Capitalized terms not defined herein have the meaning given to them in the General Terms. For the avoidance of doubt, any reference of the Mend services under the General Terms (whether such term is defined as the “Platform”, the “Services” or otherwise) shall be construed to include the Mend AI-Powered Code Features for all intent and purpose, unless these Supplemental Terms conflict with the provisions of the General Terms, in which case, these Supplemental Terms shall govern.
By opting in to any of the Mend AI-Powered Code Features, you expressly acknowledge and agree to the usage of generative AI products by Mend as set forth herein, including those of Third Party LLM Provider(s). If you are using any of the Mend AI-Powered Code Features on behalf of a company or other legal entity, you hereby warrant and represent that you have authority to opt in to the usage of a generative AI product, and to bind such entity to these Supplemental Terms, in which case, the terms “you” or “your” shall refer to such entity. If you do not agree to these Supplemental Terms or you do not have authority to opt in to using the Mend AI-Powered Features or to enter into these Supplemental Terms, you must not opt in and accept these Supplemental Terms and may not use the Mend AI-Powered Code Features.
Please note that you may opt-out of any of the Mend AI-Powered Code Features at any time during your subscription by accessing your account with an authorized admin user and disabling the relevant feature within the Mend Platform.
1. The Mend AI-Powered Features
1.1 Mend AI-Powered Code Remediation: Mend AI-Powered Code Remediation is a generative AI feature, powered by large language models (LLM) provided by third party companies (the “Third Party LLM Provider(s)”) and/or Mend’s proprietary machine learning technology designed to improve code security by providing actionable remediation suggestions for detected code security findings.
1.2 Mend AI-Powered Code Integration: Mend AI-Powered Code Integration is a generative AI feature, powered by large language models (LLM) provided by Third Party LLM Provider(s) and/or Mend’s proprietary machine learning technology designed to improve prioritization and detection of security findings, third party components, and other licensing risks by extracting data points from representation of your code or your actual code.
2. Updates to Supplemental Terms
We may amend these Supplemental Terms at any time by posting an amended version of these Supplemental Terms on our website. When you renew a service under these Supplemental Terms or purchase a new subscription, the then-current terms will apply and will not change during your subscription for that service. When we introduce new features or services that were not previously included in your subscription, we may present new or revised terms of service that will apply to your use of such new features or services.
3. Intellectual Property
You acknowledge that, as between the parties, the Mend AI-Powered Code Features and their underlying technology, including any improvements or modifications thereof, are the intellectual property of Mend.
As between the parties, you retain ownership of all data provided by you to the Mend through the Mend AI-Powered Code Features, including (but not limited to) application files (source or byte code) and code snippets (“Input”).
As between the parties, you will have full ownership of the outputs or data points generated by any of the Mend AI-Powered Code Features, including, without limitation, remediation recommendations and code snippets provided to you through the Mend AI-Powered Code Features (“Outputs”). Subject to the terms of these Supplemental Terms, Mend hereby assigns to you all right, title and interest, if any, in and to the Outputs, and all intellectual property rights associated with or embodied in such Output (if and to the extent that any such rights exist under the applicable law). Given the nature of the Mend AI-Powered Code Features and their underlying artificial intelligence technology, the Outputs provided to you may not be exclusive or unique, and it is possible that other Mend customers might generate outputs that are similar or identical for those generated to you. In such circumstances, the rights granted herein do not extend to any Output generated for other Mend customers.
All rights not expressly granted to you under these Supplemental Terms are reserved by Mend.
To enable your use of the Mend AI-Powered Code Features, we may need to share the Inputs or part thereof with the Third Party LLM Providers or use our own generative AI product, powered by large language models, as necessary to provide the service. You agree that your Input will be processed by the Third Party LLM Providers and/or by our own generative AI product, powered by large language models. Mend will exert commercially reasonable effort to choose Third Party LLM Providers that commit to use your Inputs solely for the purposes of enabling you to use the Mend AI Code Remediation Tool solely for the purpose of your usage of enabling. For this purpose, we require, and you hereby grant us, a worldwide, non-exclusive, royalty-free license to share your Inputs with such Third Party LLM Providers and use our own generative AI product, powered by large language models. This license shall remain in effect for as long as you have access to the Mend AI-Powered Code Features.
4. Human Oversight
4.1 The Mend AI-Powered Code Features, as many other AI tools, may have inherent limitations and may not always accurately capture the complexities of every unique Input. You should remain vigilant and apply your domain knowledge to supplement the AI-generated Output.
4.2 For Mend AI-Powered Code Remediation: While Mend AI-Powered Code Remediation provides automated remediation suggestions and code snippets, exerting human judgment and expertise in reviewing and implementing these suggestions by you is required. THE OUTPUTS MAY NOT BE ACCURATE, RELEVANT, OR MAY NOT RESOLVE THE ISSUE AND COULD POTENTIALLY DISRUPT YOUR ENVIRONMENT OR CAUSE DAMAGE TO YOUR CODEBASE OR SYSTEMS.
YOU ACKNOWLEDGE AND AGREE THAT YOU ARE RESPONSIBLE FOR REVIEWING ALL OUTPUTS FOR ACCURACY, RELEVANCE, AND COMPLETENESS, ENSURING THAT IMPLEMENTATION OF OUTPUTS DOES NOT INTRODUCE NEW VULNERABILITIES, AND FOR TAKING APPROPRIATE PRECAUTIONS TO MITIGATE POTENTIAL RISKS, INCLUDING CREATING BACKUPS.
5. Information about your Data
Per the Third Party LLM Providers contractual commitment to Mend, your Inputs shared with Mend AI-Powered Code Features will not be used to train any generative AI model, including those of the Third Party LLM Providers.
We are committed to safeguarding the privacy and security of your Data. As part of our dedication to ethical and responsible practices, we have established a clear policy regarding the use of generative AI technology within our operations.
We note that your Data as processed in connection with these Mend AI-Powered Code Features will be hosted at our third-party data hosting facilities within Microsoft Azure. This applies even if your other Data is stored in our data environment hosted on AWS. By using the Mend AI-Powered Code Features, you acknowledge and consent to your data being processed and stored in Azure for these specific purposes.
6. Acceptable Use
By accepting these Supplemental Terms, you hereby agree to use the Mend AI-Powered Code Features only in accordance with Mend’s Acceptable Use Policy available at https://www.mend.io/acceptable-use-policy/.
7. High-Risk and Prohibited Use:
7.1 THE MEND AI-POWERED CODE FEATURES ARE NOT DESIGNED OR TESTED FOR USE IN HAZARDOUS ENVIRONMENTS OR ANY OTHER ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING IN THE OPERATION OF ANY USE WHICH IS LISTED UNDER TITLE II OF THE EU AI ACT AND/OR DEFINED AS HIGH-RISK USE UNDER SUCH REGULATION OR ANY EQUIVALENT LAW OR REGULATION IN ANY OTHER JURISDICTION. YOU HEREBY COMMIT NOT TO USE ANY OF THE OUTPUT IN ANY SUCH ENVIRONMENT AND/OR MAKE ANY SUCH USE OF THE MEND AI-POWERED CODE FEATURES.
7.2 You will not use the Mend AI-Powered Code Features to generate Outputs for the express purpose of creating synthetic training data to develop or train AI models or systems that have substantially similar functionality to a general-purpose AI model service or the Mend AI-Powered Code Features. The restrictions in this section do not prevent generating Outputs for use as an input to dynamic AI models or systems.er party may change its address for notice purposes by providing notice in accordance with this Section or by updating its address in the then-current order form provided such notice shall only be valid upon receipt. These Terms shall constitute the entire agreement between you and Mend concerning your use of the Platform. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Any terms and conditions that may be included in your purchase order, including any electronic invoicing portals and vendor registration processes, shall be deemed to be solely for administrative purposes and shall have no legal effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and a party’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATED TO THE PLATFORM MUST COMMENCE WITHIN ONE (1) YEAR AFTER BECOMING AWARE OF THE CAUSE OF ACTION. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
