Common use of SORACOM Harvest Data Intelligence Clause in Contracts

SORACOM Harvest Data Intelligence. (a) SORACOM Harvest Data Intelligence is a data analysis function leveraging Microsoft's Azure OpenAI Service. In using SORACOM Harvest Data Intelligence, the Subscriber shall comply with the obligations set forth by Microsoft in the terms and conditions for the Azure OpenAI Service, including, but not limited to Microsoft Online Subscription Agreement, Supplemental Terms of Use for Microsoft Azure Previews, Product Terms For Online Services, Product Terms for Microsoft Azure, and Code of conduct for Azure OpenAI Service (collectively, “Microsoft Terms”), and shall also be subject to the restrictions that should be imposed on end users therein. Among other things, the Subscriber agrees to the following: (i) Subscriber may not use the Azure OpenAI Service and SORACOM Harvest Data Intelligence to discover any underlying components of the models, algorithms, and systems, such as exfiltrating the weights of models. (ii) Subscriber may not use web scraping, web harvesting, or web data extraction methods to extract data from the Azure OpenAI Service, SORACOM Harvest Data Intelligence, or output contents thereof. (iii) Modern technologies, and especially platform technologies, may be used in new and innovative ways, and Subscriber must consider whether its specific use of these technologies is safe. The Azure OpenAI Service and SORACOM Harvest Data Intelligence are not designed or intended to support any use in which a service interruption, defect, error, or other failure thereof could result in the death or serious bodily injury of any person or in physical or environmental damage (collectively, “High-Risk Use”). Accordingly, Subscriber must design and implement every product and service such that, in the event of any interruption, defect, error, or other failure of the Azure OpenAI Service and SORACOM Harvest Data Intelligence, the safety of people, property, and the environment are not reduced below a level that is reasonable, appropriate, and legal, whether in general or for a specific industry. Subscriber’s High-Risk Use of the Azure OpenAI Service and SORACOM Harvest Data Intelligence is at its own risk. Subscriber agrees to defend, indemnify and hold Microsoft and SORACOM harmless from and against all damages, costs, and attorneys’ fees in connection with any claims arising from a High-Risk Use associated with the Azure OpenAI Service and SORACOM Harvest Data Intelligence, including any claims based in strict liability or that Microsoft or SORACOM was negligent in designing or providing the Azure OpenAI Service and SORACOM Harvest Data Intelligence to Subscriber. (iv) Subscriber must not make decisions without appropriate human oversight if such decisions may have a consequential impact on any individual’s life or rights, including without limitation an individual’s legal position, financial position, life opportunities, employment opportunities, human rights, or which may result in physical or psychological injury to an individual; (b) For the avoidance of doubt, SORACOM will not grant Subscriber the status or rights of "Customer" (i.e., a party in a direct contractual relationship with Microsoft) under the Microsoft Terms. SORACOM will not guarantee that such status or rights will be granted to Subscriber by Microsoft, either. (c) The Subscriber agrees to Microsoft's use and processing of the data input and output through SORACOM Harvest Data Intelligence, notwithstanding Section 7.1 (Confidentiality) hereof; please refer to Data, privacy, and security for Azure OpenAI Service for information on how Microsoft handles the data. (d) If SORACOM determines that the Subscriber is placing an excessive number of questions, requests, or other input to SORACOM Harvest Data Intelligence, SORACOM may, at its sole discretion, take measures to restrict the Subscriber's use of SORACOM Harvest Data Intelligence.

SORACOM Harvest Data Intelligence. (a) SORACOM Harvest Data Intelligence is a data analysis function leveraging Microsoft's Azure OpenAI Service. In using SORACOM Harvest Data Intelligence, the Subscriber shall comply with the obligations set forth by Microsoft in the terms and conditions for the Azure OpenAI Service, including, but not limited to Microsoft Online Subscription Agreement, Supplemental Terms of Use for Microsoft Azure Previews, Product Terms For Online Services, Product Terms for Microsoft Azure, and Code of conduct for Azure OpenAI Service (collectively, “Microsoft Terms”), and shall also be subject to the restrictions that should be imposed on end users therein. Among other things, the Subscriber agrees to the following: (i) Subscriber may not use the Azure OpenAI Service and SORACOM Harvest Data Intelligence to discover any underlying components of the models, algorithms, and systems, such as exfiltrating the weights of models. (ii) Subscriber may not use web scraping, web harvesting, or web data extraction methods to extract data from the Azure OpenAI Service, SORACOM Harvest Data Intelligence, or output contents thereof. (iii) Modern technologies, and especially platform technologies, may be used in new and innovative ways, and Subscriber must consider whether its specific use of these technologies is safe. The Azure OpenAI Service and SORACOM Harvest Data Intelligence are not designed or intended to support any use in which a service interruption, defect, error, or other failure thereof could result in the death or serious bodily injury of any person or in physical or environmental damage (collectively, “High-Risk Use”). Accordingly, Subscriber must design and implement every product and service such that, in the event of any interruption, defect, error, or other failure of the Azure OpenAI Service and SORACOM Harvest Data Intelligence, the safety of people, property, and the environment are not reduced below a level that is reasonable, appropriate, and legal, whether in general or for a specific industry. Subscriber’s High-Risk Use of the Azure OpenAI Service and SORACOM Harvest Data Intelligence is at its own risk. Subscriber agrees to defend, indemnify and hold Microsoft and SORACOM harmless from and against all damages, costs, and attorneys’ fees in connection with any claims arising from a High-Risk Use associated with the Azure OpenAI Service and SORACOM Harvest Data Intelligence, including any claims based in strict liability or that Microsoft or SORACOM was negligent in designing or providing the Azure OpenAI Service and SORACOM Harvest Data Intelligence to Subscriber. (iv) Subscriber must not make decisions without appropriate human oversight if such decisions may have a consequential impact on any individual’s life or rights, including without limitation an individual’s legal position, financial position, life opportunities, employment opportunities, human rights, or which may result in physical or psychological injury to an individual; (b) For the avoidance of doubt, SORACOM will not grant Subscriber the status or rights of "Customer" (i.e., a party in a direct contractual relationship with Microsoft) under the Microsoft Terms. SORACOM will not guarantee that such status or rights will be granted to Subscriber by Microsoft, either. (c) The Subscriber agrees to Microsoft's use and processing of the data input and output through SORACOM Harvest Data Intelligence, notwithstanding Section 7.1 (Confidentiality) hereof; please refer to Data, privacy, and security for Azure OpenAI Service for information on how Microsoft handles the data. (d) If SORACOM determines that the Subscriber is placing an excessive number of questions, requests, or other input to SORACOM Harvest Data Intelligence, SORACOM may, at its sole discretion, take measures to restrict the Subscriber's use of SORACOM Harvest Data Intelligence.its