Disclaimer

Vaiv is powered by generative AI. Although we strive for accuracy, its responses may be inaccurate or incomplete. Please review all information provided carefully.

Please read these Vaiv Preview Terms of Use (the “Agreement”) carefully. This Agreement is an agreement between you and President and Fellows of Harvard College (“Harvard” or “we” or “us”), acting through Harvard Business School, concerning and governing your access to and use of AI chatbots on the Digital Data Design Institute website (collectively, the “Services”) made available to you by Harvard. Your use of the Services constitutes your assent to be bound by the terms and conditions of this Agreement.

Eligibility

You may use the Services by Harvard’s invitation. By using the Services, you represent that you are 18 years of age or older and have the authority and legal capacity to enter into the Agreement. No one under the age of 13 years may access or use any Services. 

Acceptable Use

In connection with the Services, you shall not:

• use any of the Services in any manner intended to damage, disable, overburden, or impair any part of any of the Services or the computer equipment or network(s) connected to any of the Services, or to disrupt or interfere with any other user’s use and enjoyment of any of the Services;
• attempt to gain unauthorized access to any of the Services, other accounts, computer equipment, or networks connected to any of the Services through hacking, password mining, or any other means;
• copy or use any portion of any of the Services other than as expressly allowed under the Agreement;
• use any high volume or automated means to access any of the Services (including, without limitation, robots, spiders, or scripts);
• frame any of the Services, place pop-up windows over Services pages, or otherwise affect the display of such pages; or
• force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through any of the Services.

License Grant to You; Intellectual Property Rights

In consideration of your acceptance of this Agreement, Harvard grants you a personal, non-exclusive, non-transferable, revocable license to access and use the Services. Harvard may make Harvard Content (as defined below) available to you through the Services. You may obtain and use Harvard Content only in connection with the Services. You may not transfer, retransmit, distribute, publish, commercially exploit, or create derivative works of Harvard Content. You may not reverse engineer, decompile, disassemble, or otherwise access the source code for any software that may be used to operate any of the Services.

“Harvard Content” means all content or other material, in whole or in part, available through the Services, including but not limited to programs, chatbots, code, images, text, layouts, arrangements, documents, audio and video clips, HTML, and files. All Harvard Content, including any Harvard Content contained in Output (defined below) is the property of Harvard and/or its affiliates or licensors and is protected by copyright, patent, and/or other proprietary intellectual property rights under United States and foreign law.

Harvard logos, insignia, trademarks, and service marks that may appear in the Services (“Marks”) are the property of Harvard and are protected under United States and foreign laws. All other trademarks, service marks, and logos used in the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners.

Harvard and/or its affiliates and licensors reserve all rights not expressly granted herein to the Programs, Services, Harvard Content, and Marks.

User Submissions

The Services may provide you with the ability to upload, submit, or otherwise provide certain User Content. “User Content” includes all content, in whatever format, submitted to the Services by a user, including but not limited to all Input (defined below), prompts, questions, text, personal information, pictures, audio, and file uploads, but does not include Feedback (defined below). As between you and Harvard, you will retain ownership of all User Content. Harvard may use User Content you submit in order to provide and maintain the Services, and to enable Harvard to do so, you grant Harvard a fully transferable, worldwide, perpetual, royalty-free, and non-exclusive license to use, reproduce, modify, adapt, make derivative works of, and distribute such User Content, and to authorize others to do any of the foregoing, for the aforementioned purpose. You expressly acknowledge that your User Content may be visible to Harvard employees, contractors, and agents, and may include personally identifiable information. To the extent that you provide User Content, you represent and warrant to Harvard, and agree, that (a) you have all necessary rights to provide and use such User Content and permit Harvard to use such User Content as provided above; (b) as between you and Harvard, you shall be responsible for the payment of any third party fees related to the provision and use of such User Content; and (c) such User Content does not and will not infringe or misappropriate any third-party rights.

You agree and acknowledge that we may preserve User Content and may disclose User Content as set forth in the Harvard Business School Privacy Notice, if required to do so by law, or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process, enforce this Agreement, respond to claims that any User Content violates the rights of third parties, or protect our rights, property or personal safety or that of our users and the public.

AI Content

The Services include chatbots and similar features powered by large language models and other artificial intelligence tools. You may interact with such Services by providing User Content as input (“Input”), to which such Services may provide a response (“Output”). Artificial intelligence, machine learning, and large language models are novel and rapidly evolving technologies. Accordingly, you understand and agree that:

Output may not always be accurate.

You should not rely on any Output without independently confirming its accuracy, and should not rely on Output as a substitute for professional advice in any case.

The Services and any Output may not reflect correct, current, or complete information.

Output may contain content that is inconsistent with the views of Harvard and/or Harvard affiliates.

Termination

You agree that Harvard, in its sole discretion, may terminate your use of any or all of the Services, for any reason or no reason, and that Harvard will not have any liability to you for any such action. If you no longer wish to use any of the Services, you may terminate your participation upon notice to Harvard. The rights granted to you hereunder will terminate upon any termination of your right to use the Services, but the other provisions of the Agreement will survive any such termination.

Pre-Release Acknowledgement

You acknowledge that you will be accessing a pre-release version of the Services that is still under development and testing, and may experience bugs, errors, and other issues that may affect performance, stability, usability, or security. You agree not to submit any sensitive, proprietary, or confidential information to the Services. Support for the Services may be limited or unavailable.

You acknowledge that (a) Harvard has not made any representations, promises, or guarantees that the Services or any portion thereof will ever be announced or made generally available or otherwise available to anyone, and (b) Harvard has no express or implied obligation to you to announce or make any of the Services generally available or otherwise available.

Any future plans or roadmap information provided to you are intended solely to outline general product direction and do not represent a commitment or legal obligation to deliver any material, code, or functionality. Any forward-looking indication of plans for products, including the development, release, and timing of any features or functionality, is preliminary, and all future release dates are tentative and are subject to change without notice.

Feedback

You may be given the opportunity to provide feedback and information regarding use of the Services, including any suggestions, ideas, know-how, concepts, enhancements, recommendations, or other information relating to the Services (collectively, “Feedback”). You acknowledge that Harvard owns, and shall retain ownership of, all right, title, and interest in any and all proprietary rights, including all copyright, patent, trade secret, trademark, trade name, and all other intellectual property rights, in the Feedback. You hereby assign to Harvard all right, title, and interest in Feedback, and Harvard is free to use such Feedback without any compensation to you. For the avoidance of doubt, User Content will not be considered Feedback.

Disclaimer of Warranties

HARVARD EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR THE CONTINUOUS, UNINTERRUPTED, ERROR-FREE, VIRUS-FREE, OR SECURE ACCESS TO OR OPERATION OF THE SERVICES. TO THE EXTENT HARVARD CANNOT DISCLAIM ANY SUCH WARRANTY AS A MATTER OF APPLICABLE LAW, THE SCOPE AND DURATION OF SUCH WARRANTY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. YOU ACKNOWLEDGE THAT THE SERVICES ARE BEING PROVIDED AND MADE AVAILABLE ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND. 

YOU AGREE THAT THE SERVICES: (A) ARE NOT COMPLETE IN DEVELOPMENT AND HAVE NOT BEEN COMMERCIALLY RELEASED BY HARVARD; (B) MAY NOT BE FULLY FUNCTIONAL AND MAY CONTAIN BUGS, ERRORS, DESIGN FLAWS, OR OTHER PROBLEMS; (C) MAY NOT BE RELIABLE; (D) MAY NOT MEET YOUR REQUIREMENTS FOR TRANSMITTING, STORING, CREATING, OR OTHERWISE PROCESSING SENSITIVE OR CONFIDENTIAL INFORMATION; (E) WHEN USED, MAY RESULT IN UNEXPECTED RESULTS, LOSS OF CONTENT OR DATA, OR OTHER UNPREDICTABLE DAMAGE OR LOSS TO YOU. HARVARD EXPRESSLY DISCLAIMS ANY WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION, CONTENT, OR DATA ACCESSED OR USED IN CONNECTION WITH THE SERVICES.

Limitation of Liability

EXCEPT INSOFAR AS THE FOLLOWING LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW, HARVARD SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL, OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR EARNING POWER, LOSS OF DATA, LOSSES DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF ANY SERVICES, UNAVAILABILITY OF ANY SERVICES, SERVER OR COMMUNICATIONS FACILITY, OR DAMAGES DUE TO ACTS OR OMISSIONS OF OTHERS USING ANY SERVICE), ARISING OUT OF OR RELATING TO THE AGREEMENT OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, YOUR AND OTHERS’ USE OF OR INABILITY TO USE THE SERVICES, OR YOUR SUBMISSION OR USE OF USER CONTENT, OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW. HARVARD’S TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE AGREEMENT OR THE SERVICES (INCLUDING, WITHOUT LIMITATION, IN THE WAYS DESCRIBED IN THE PRECEDING SENTENCE), WHETHER BASED IN CONTRACT, TORT, STATUTORY, OR OTHER LAW, WILL NOT EXCEED U.S. $100. THE LIMITATIONS SET FORTH IN THIS SECTION WILL APPLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT HARVARD HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT.

FOR PURPOSES OF THE FOREGOING LIMITATIONS, AS WELL AS THE DISCLAIMER IN SECTION 9 ABOVE AND THE INDEMNITY IN SECTION 11 BELOW, “HARVARD” INCLUDES THE CORPORATE BODY PRESIDENT AND FELLOWS OF HARVARD COLLEGE, ALSO KNOWN AS HARVARD UNIVERSITY, AND ITS VARIOUS SCHOOLS (INCLUDING BUT NOT LIMITED TO HARVARD BUSINESS SCHOOL), THE MEMBERS OF ITS GOVERNING BOARDS, AND ITS OFFICERS, FACULTY MEMBERS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OR REGULATIONS OF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify and hold harmless Harvard (as defined for this purpose in Section 10 above) from any and all claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, relating to or arising out of (a) your use or attempted use of any of the Services in violation of the Agreement; (b) your violation of any law or rights of any third party; or (c) information or content that you post or otherwise make available via the Services, including, without limitation, any claim of infringement or misappropriation of intellectual property or other proprietary rights.

Legal Compliance; International Trade

You agree that you will use the Services in compliance with the Agreement and all applicable local, state, national, and international laws, rules, and regulations, including privacy and copyright laws, any laws regarding the transmission of technical data exported from your country of residence, and all United States export control laws.

Governing Law; Dispute Resolution

You agree that the Agreement and any claim or dispute arising out of or relating to the Agreement, the Services, or any content obtained from or through the Services will be governed by the laws of the Commonwealth of Massachusetts, excluding its conflicts of law principles. You agree that all such claims and disputes will be heard and resolved exclusively in the federal or state courts located in and serving Middlesex or Suffolk County, Massachusetts, U.S.A. You consent to the personal jurisdiction of those courts over you for this purpose, and you waive and agree not to assert any objection to such proceedings in those courts (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Changes

We may make changes to this Agreement from time to time. Changes to this Agreement will be posted here, and you should regularly check for the most recent version. Your use of the Services following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legend above indicates when this Agreement was last changed.

Miscellaneous

This Agreement constitutes the entire agreement between you and Harvard with respect to your use of the Services, superseding any prior agreements between you and Harvard regarding the same. The failure of Harvard to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of this Agreement shall remain in full force and effect in any case. Harvard may freely transfer or assign any portion of its rights or delegate its obligations under the Agreement. You may not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under the Agreement without the prior written consent of Harvard, and any attempted such transfer or assignment will be void and of no effect.