These Supplemental Terms for Nestlé Goodnes Chat (“Chat Terms”) apply to the online artificial intelligence-powered chatbot (“Nestlé Goodnes Chat”) provided on this Nestlé Goodnes website/platform (“Platform”).
Your use of Nestlé Goodnes Chat is governed by these Chat Terms, as well as the Website Terms of Use of this Platform, which are incorporated by reference. In case of any conflict between these Chat Terms and the Website Terms of Use, these Chat Terms will control.
By using Nestlé Goodnes Chat, you agree to be bound by these Chat Terms, including the Website Terms of Use.
1. Authorized Use
Nestlé Goodnes Chat is a generative AI service based on OpenAI ChatGPT 3.5 Turbo, and may allow you to submit text inputs ("Prompts") and generate text ("Generated Content").
Nestlé Goodnes Chat is for your personal use only. To use Nestlé Goodnes Chat, you must be (i) at least 18 years old, and (ii) a registered user of this Platform. If you are not a registered user, you can only use Nestlé Goodnes Chat up to fifteen Prompts.
When using Nestlé Goodnes Chat, you will not include any personal data in your Prompts.
You agree to use Nestlé Goodnes Chat, Prompts and the Generated Content only (i) in a lawful manner and in compliance with all applicable laws; (ii) in accordance with these Chat Terms; (iii) in a manner that does not infringe or attempt to infringe or otherwise violate any of our or third-parties’ rights, including intellectual property rights, privacy or image rights.
You should not rely on or use Nestlé Goodnes Chat for advice of any kind. Nestlé Goodnes Chat is not error-free, may generate incorrect, misleading or unsuitable information, and may contain responses from third-party sources.
2. Unauthorized Use
You agree (i) not to include any prohibited content in your Prompts, or cause, or attempt to, generate or share prohibited content; (ii) not to engage in prompt-based manipulation or similar activities, or in any fraudulent or misleading activity; (iii) not to include any personal data or confidential information in your Prompts; and (iv) not to use Generated Content to develop any artificial intelligence models.
Prompts that violate these Chat Terms, include any prohibited content, or that may lead to the generation of prohibited content may be blocked or removed. You can report problematic content through any of the following means: report at https://www.nestle.com.ph/info/contactus page, or write us at No. 31 Plaza Drive Rockwell Center Makati City 1200 or call our CES at (02) 8898-0061 from 6:00am to 10:00pm, Mondays to Sundays.
In these Chat Terms, “prohibited content” means content that is defamatory, biased, disturbing, or otherwise offensive, unsuitable, inappropriate, or illegal. Prohibited content includes content that is political, violent, hateful, abusive, or causing harm to third-parties, misleading, deceptive or fraudulent (for example, disinformation, or impersonation), or infringing or violating third-parties’ rights, such as intellectual property rights, privacy and image rights.
3. Personal Data
We ask that you do not provide any personal data in your Prompts.
Nestlé may process your personal data as set out in the Nestlé Privacy Policy and Cookie Notice.
Your conversation history may be collected, stored and processed by Nestlé to provide Nestlé Goodnes Chat services, and for personalization, analytics, the training of models, and the development and improvement of our services.
4. Ownership and Usage Rights
To the extent permitted by applicable law and subject to third-party rights, you retain all ownership rights in your Prompts. Ownership of Generated Content remains with us, our licensors, or respective third-party owners, as applicable.
You are responsible for all Prompts and represent and warrant that you have all rights, licenses, and permissions required to provide Prompt to Nestlé Goodnes Chat. You will use Generated Content only for your personal use as permitted by applicable law. You are solely responsible for all use of Generated Content and evaluating Generated Content for accuracy and appropriateness for your specific use.
We collect and retain Prompts, Generated Content and other data generated by the use of Nestlé Goodnes Chat to provide you with the chat services, for analytics, performance, development and improvement of Nestle Goodness Chat, and our legitimate interests. You hereby grant us an unlimited, worldwide, perpetual and royalty-free license to use Prompts and other data related to the use of Nestlé Goodnes Chat for such purposes.
5. No Guarantees; No Representations or Warranties
Your use of Nestlé Goodnes Chat is at your own risk. Nestlé Goodnes Chat uses OpenAI ChatGPT 3.5 Turbo and is subject to the corresponding Terms of Service. You should not rely on or use Nestlé Goodnes Chat for advice of any kind. Nestlé Goodnes Chat is not error-free, may generate incorrect, misleading or unsuitable information, and may contain responses from third-party sources.
Nestlé Goodnes Chat is provided “as is” and we and our affiliates and licensors hereby disclaim all warranties, express or implied, including all implied warranties of merchantability, fitness for a particular purpose and title, noninfringement, or quiet enjoyment. We do not make any representation or warranty of any kind (a) that Generated Content will not infringe any third-party rights in any use of the content by you (including but not limited to copyright, trademark, privacy and image rights); (b) that use of Nestlé Goodnes Chat will be uninterrupted, error free, or secure; (c) that defects will be corrected; (d) that Generated Content will be accurate; or (e) with respect to OpenAI ChatGPT 3.5 Turbo.
We reserve the right to suspend, discontinue or to change or update all or part of any of Nestlé Goodnes Chat (including its features, and functionality) at any time and for any reason, to some or to all users.
6. Indemnification
You agree to indemnify and hold harmless Nestlé, affiliates, and their respective officers, employees, and agents from and against any claims, losses, and expenses (including reasonable attorneys’ fees) arising from or relating to your use of Nestlé Goodnes Chat, including your Prompts or use of any Generated Content and your breach of these Chat Terms or violation of applicable law.
7. Suspension and Termination
Subject to mandatory legal requirements, we may suspend or terminate your use of Nestlé Goodnes Chat at any time without notice and for any reason, including in case of serious or repeated violations of these Chat Terms or if we suspect you are engaged in fraudulent or illegal activity, such as repeated attempts to produce prohibited content. You may ask us to re-assess our decision by contacting us through any of the following means: report at https://www.nestle.com.ph/info/contactus page, or write us at No. 31 Plaza Drive Rockwell Center Makati City 1200 or call our CES at (02) 8898-0061 from 6:00am to 10:00pm, Mondays to Sundays.
8. General
Except as provided in these Chat Terms, the provisions of the Website Terms of Use, including, without limitation, the governing law and jurisdiction provisions, govern your use of Nestlé Goodnes Chat.