Last Updated: January 26, 2024

This Artificial Intelligence (AI) Addendum (the “AI Terms”) forms a part of and is hereby incorporated into the online BambooHR Terms of Service. These BambooHR’s AI Terms apply to customer’s access and use of any BambooHR AI feature(s). Any capitalized terms used but not defined herein have the same meaning as the same or substantially equivalent term in the BambooHR Terms of Service.

1. Definitions:

“AI Providers” means OpenAI and Cohere as described in our subcontractor list found here.

“BambooHR AI” means any feature(s) or functionality made available by BambooHR that utilize artificial intelligence trained by machine learning using BambooHR and/or third-party data models, which may be labeled or otherwise described as BambooHR AI. The BambooHR AI is covered by the BambooHR Terms of Service and is deemed to be part of the Service.

“Data” means information provided, inputted, or uploaded to your databases in BambooHR Service by you or on your behalf, as described in section 2.5 of the BambooHR Terms of Service.

“Input” means questions or information which may include Data as submitted by the customer to BambooHR AI for processing.

“Output” means responses generated by BambooHR AI and presented back to the customer as a result of using BambooHR AI based on Input provided to BambooHR AI by customer and which may or may not contain Data or other questions asked to BambooHR AI as Input .

2. Customer Data, Inputs and BambooHR AI Output. When customer uses BambooHR AI, Output shall be customer Data. Customer is solely responsible for the development, content, operation, maintenance, use, and dissemination of its Inputs and Data. Customer will ensure that neither customer Data nor customer’s use of BambooHR AI or any Output will: (i) violate any applicable law; (ii) violate these BambooHR AI Terms, the BambooHR Terms of Service, or any content and use policies BambooHR may implement from time to time; or (iii) infringe, violate, or misappropriate any of BambooHR’s rights or the rights of any third party. Customer further represents and warrants that customer has all rights, licenses, and permissions needed to provide the Input to the BambooHR AI. Customer acknowledges that, due to the nature of generative AI and the technology powering BambooHR’s AI features, BambooHR AI Output may not be unique and BambooHR AI may generate the same or similar output to BambooHR or a third party.

3. Participation and Termination. Customer’s use of BambooHR AI and/or its participation in a BambooHR AI Beta Program is optional. At its sole discretion, BambooHR may modify or replace any of the BambooHR AI Terms as described in section 3.2 of the BambooHR Terms of Service. BambooHR may change, suspend, or discontinue any BambooHR AI feature at any time. Customer’s continued use of BambooHR AI following the posting of any changes to the BambooHR AI Terms constitutes acceptance of those changes. BambooHR may also impose limits on certain features and services or restrict customer’s access to all or part of the BambooHR AI without notice or liability to BambooHR.

4. Risks and Limitations. Artificial intelligence and machine learning technologies have known and unknown risks and limitations. You acknowledge that you are solely responsible for (i) developing your own internal policies regarding the appropriate use of these technologies and training other users on your account on such policies, (ii) providing transparency and explainability notices and obtaining all necessary consents required by Applicable Laws, and (iii) implementing sufficient human oversight for the use of BambooHR AI. By using the BambooHR AI, you acknowledge and agree that BambooHR is not responsible for (a) any inaccuracies or errors in the Output, (b) any biases, lack of fairness, or limitations of the underlying algorithms or data, or (c) any Output that you may find unsafe, harmful or offensive. If you encounter any Output that is inaccurate, unsafe, harmful, biased, unfair, offensive, or not appropriate, please report it to [email protected] so we can continue to iterate and improve these features. You acknowledge that the BambooHR AI is an optional feature of the Service overall and that you are free to stop using the BambooHR AI at any time and/or cancel your subscription to the Service.

5. BambooHR AI Use Restrictions. Customer will not provide Input or attempt to generate BambooHR AI Output through BambooHR AI that consists of any sensitive or regulated information, including but not limited to: (i) Protected Health Information as defined by HIPAA or similar statutes, or health, genetic, biometric record data in general; (ii) government-issued identification numbers of any kind; or (iii) personal financial or bank account information. Customer may not use BambooHR AI: (i) to develop foundation models or other large-scale models that compete with BambooHR or BambooHR AI; (ii) to mislead any person that BambooHR AI Output was solely human-generated; (iii) to generate spam, fraudulent or inappropriate content for dissemination; or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters. Additionally, customer’s use of BambooHR AI is subject to fair usage restrictions that BambooHR may determine in its sole discretion. Customer acknowledges and agrees that if customer exceeds what BambooHR, in its sole discretion, determines to be fair usage, BambooHR may disable or degrade performance of BambooHR AI.

6. Intellectual Property. As between the parties, BambooHR owns all right, title, and interest in and to the BambooHR AI and any resulting Performance Data, including all intellectual property and proprietary rights therein and notwithstanding anything else to the contrary in these BambooHR AI Terms, except for the rights provided herein, no other rights or permissions to BambooHR AI is granted.

7. WARRANTY DISCLAIMER & INDEMNIFICATION. THE BAMBOOHR AI IS PROVIDED “AS IS” AND BAMBOOHR DOES NOT MAKE ANY WARRANTY AS TO BAMBOOHR AI OUTPUT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BAMBOOHR AI OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH BAMBOOHR AI. BAMBOOHR DISCLAIMS ALL WARRANTIES INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CUSTOMER UNDERSTANDS AND AGREES THAT BAMBOOHR DOES NOT ATTEMPT TO VERIFY THE ACCURACY OR COMPLIANCE WITH LAWS OF ANY BAMBOOHR AI OUTPUT, MATERIAL, AND/OR OTHER DATA OBTAINED THROUGH THE USE OF ANY BAMBOOHR AI FEATURE, AND CUSTOMER ASSUMES THE SOLE RISK FOR USE OF SUCH BAMBOOHR AI OUTPUT, MATERIAL, AND/OR DATA. CUSTOMER SHOULD NOT RELY ON ANY FACTUAL ASSERTION IN BAMBOOHR AI OUTPUT WITHOUT INDEPENDENTLY FACT CHECKING ITS ACCURACY. BAMBOOHR AI OUTPUT THAT APPEAR(S) ACCURATE BECAUSE OF ITS DETAIL OR SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. BAMBOOHR AI MAY NOT BE CAPABLE OF DYNAMICALLY RETRIEVING INFORMATION, AND BAMBOOHR AI OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER BAMBOOHR AI WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM BAMBOOHR OR THROUGH BAMBOOHR AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. NEITHER BAMBOOHR NOR ITS AFFILIATES OR THEIR RESPECTIVE REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM (INCLUDING THIRD-PARTY CLAIMS), DAMAGE, OR LOSS (AND CUSTOMER WILL INDEMNIFY, DEFEND AND HOLD BAMBOOHR HARMLESS AGAINST ANY AND ALL SUCH CLAIMS, INCLUDING ANY INDEMNIFICATION OBLIGATION OWED BY BAMBOOHR TO ITS AI PROVIDERS) ARISING FROM OR RELATING TO CUSTOMER’S USE OF BAMBOOHR AI.

8. Improving BambooHR AI. BambooHR may use Performance Data and Feedback collected from customer’s use of the BambooHR AI to further develop and improve the BambooHR AI or as otherwise permitted under the BambooHR Terms of Service. To the extent that BambooHR uses customer Data, Input and Output to fine-tune and train the machine learning methods and data models used to provide the BambooHR AI features, it will do so just to provide the BambooHR AI features to you (“Customer Trained Model”). BambooHR will not otherwise use the Customer Trained Model to provide services to other customers.

9. Privacy. BambooHR’s Privacy Notice is hereby incorporated by reference and applicable to the AI Terms.

10. AI Providers’ Policies. BambooHR uses technology provided by its AI Providers to provide certain features and functionality of BambooHR AI. Customer may not use BambooHR AI in a manner that violates any AI Provider policies, including OpenAI’s Usage Policies and Sharing and Publication Policy and Cohere’s Usage Guidelines.

11. Additional Processing Instructions. To the extent customer Data provided as input to BambooHR AI contains Personal Data (as that term is used or similarly defined in the BambooHR Data Processing Agreement in place between the parties if accepted by the customer), customer instructs BambooHR to process the Personal Data for the additional purpose of providing the BambooHR AI functionality and BambooHR AI Output. Customer acknowledges that for the purposes of customer’s participation in the BambooHR AI beta program and its use of BambooHR AI, BambooHR uses AI Providers to provide certain features and functionality of BambooHR AI.

12. Entire Agreement; Modification; Conflicts. These BambooHR AI Terms, together with the BambooHR Terms of Service constitute the entire agreement between the parties, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. Except for BambooHR exercising its right to unilaterally modify or replace these BambooHR AI Terms as described above and customer’s acceptance of such modified or replaced BambooHR AI Terms through customer’s continued use of BambooHR AI following the posting of such modified or replaced BambooHR AI Terms, no modification, amendment, or waiver of any provision of these BambooHR AI Terms shall be effective. To the extent of any conflict or inconsistency between the provisions in the body of these BambooHR AI Terms and the Terms of Service, the terms of these BambooHR AI Terms shall prevail.

Contact Information.

If you have any questions about the Service or this Addendum, you may call us at 801-724-6600, email us at [email protected], or write to us at:

Bamboo HR LLC
BambooHR Payroll LLC
ATTN: Legal
42 Future Way
Draper, UT 84020

BambooHR® is a registered trademark of Bamboo HR LLC. © Bamboo HR LLC 2008-2024. All rights reserved.