1.1 Covered AI Features: These AI Terms apply to the following features:

• Facial Recognition: Detection and grouping of faces in photographs
• Auto-Tagging: Automatic tagging of image content (scenes, objects, activities, settings)
• Smart Search: Search capabilities powered by AI analysis
• Any future AI-powered features we may introduce (you will be notified of updates to these AI Terms)

1.2 Supplements Main Terms: These AI Terms work in conjunction with the Main Terms of Service. In case of conflict between these AI Terms and the Main Terms regarding AI features, these AI Terms shall prevail.

1.3 Relationship to DPA: If you are subject to data protection laws (GDPR, NDPR, etc.), the processing of Personal Data through AI features is also governed by our Data Processing Agreement (DPA).

2.1 Limited License: Subject to your compliance with these AI Terms and the Main Terms, Peasier grants you a limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use Peasier's AI features as part of the Services.

2.2 Restrictions: You may not:

• Reverse engineer, decompile, or attempt to extract the algorithms or models used in AI features
• Use AI features to create competing products or services
• Use AI features in violation of applicable laws, including biometric data protection laws
• Attempt to manipulate, bypass, or interfere with AI features
• Use AI features for any illegal, harmful, or discriminatory purposes

3.1 How It Works: Peasier offers two types of facial recognition:

• Offline (Browser-Based): Facial analysis occurs entirely in your web browser. No facial data is sent to Peasier's servers or stored anywhere. This option provides privacy but may be less accurate and slower.
• Cloud (Server-Based): Images are analyzed on Peasier's servers in the EU region. Face feature data (mathematical representations) is stored to enable faster and more accurate recognition across your entire library.

3.2 Facial Data Processing: When cloud-based facial recognition is enabled:

• Facial feature extraction (preprocessing) is performed exclusively on Peasier's own servers in the EU region
• We do NOT send your images to external AI providers for facial analysis
• Only face feature data (mathematical representations, not actual images of faces) is stored
• All facial data is encrypted both at rest and in transit
• Facial data is immediately and permanently deleted when you delete the associated media

3.3 Configuration: You can configure facial recognition settings at two levels:

• Workspace Level: Set default preference (Disabled, Offline, or Cloud) for all new galleries. Workspace owners and administrators can set this.
• Gallery Level: Override the workspace default for specific galleries. You can choose a more restrictive option (e.g., Offline instead of Cloud) but not a less restrictive one.

3.4 Default Setting: Facial recognition is disabled by default. During workspace setup, you will be prompted to choose your preference. This follows privacy-by-design principles.

4.1 What Auto-Tagging Does: Auto-tagging uses AI to analyze your images and generate descriptive tags to help organize and search your gallery.

4.2 How It Works: Auto-tagging uses a combination of:

• Offline processing: Some analysis occurs in your browser
• External AI providers: We use third-party AI services (including but not limited to OpenAI, Anthropic, Google AI) to analyze image content

4.3 Enabled by Default: Auto-tagging is enabled by default in workspace settings but can be disabled at any time. Auto-tagging does not process biometric data and has less stringent consent requirements than facial recognition.

4.4 Configuration: You can enable or disable auto-tagging in your workspace preferences. This setting applies to all galleries in your workspace.

4.5 No Training on Your Content: Peasier does NOT use your images to train or improve our own AI models. Your content remains your property and is processed solely to provide you with tagging results. For third-party AI providers, our current API agreements prohibit the use of your content for model training. However, third-party terms may vary and some providers may offer additional opt-out rights. We recommend reviewing our sub-processor list in the DPA for details on specific providers.

5.1 You Own Your Input: You retain all ownership rights to the images and videos you upload to Peasier ("Input"). We do not claim any ownership of your Input.

5.2 You Receive AI Output: The results generated by AI features ("Output"), such as facial recognition groupings and auto-tags, are provided to you for your use. You receive all rights to use this Output.

5.3 Output May Not Be Unique: Because AI features use algorithms that may produce similar results for similar inputs, the Output you receive may not be unique to you. Other users may receive similar or identical Output from their own images.

5.4 Your Responsibility: You are solely responsible for ensuring that your Input complies with our Main Terms of Service, Acceptable Use Policy, and all applicable laws. This includes:

• Having the right to upload and process the images
• Obtaining necessary consents from individuals in the images
• Not uploading illegal, harmful, or infringing content
• Complying with privacy and data protection laws

6.1 No Guarantee of Accuracy: Peasier does NOT guarantee the accuracy of any Output generated by AI features. AI technology is not perfect and may produce:

• False positives: Incorrectly identifying faces as matching when they don't
• False negatives: Failing to identify matching faces
• Incorrect tags: Misidentifying objects, scenes, or activities
• Missed detections: Failing to detect faces or objects in images

6.2 Review Before Relying: You should always review AI-generated Output before relying on it for any important purpose. Do not assume that AI results are 100% accurate.

6.3 Factors Affecting Accuracy: AI accuracy can be affected by:

• Image quality, resolution, and lighting
• Face angles, occlusions (sunglasses, masks, etc.)
• Age changes between photos
• Similarity between different individuals
• Unusual or ambiguous content in images

6.4 AI Output is Assistive: AI features are designed to assist you in organizing and finding your photos, not to replace human judgment. Always use your own judgment when making decisions based on AI Output.

6.5 Disclosure Recommended: If you share AI-generated tags or facial recognition results with clients, we recommend disclosing that AI was used and that results may not be 100% accurate.

7.1 Lawful Use Requirement: You agree to use AI features only for lawful purposes and in compliance with all applicable laws, including:

• GDPR (EU General Data Protection Regulation)
• NDPR (Nigeria Data Protection Regulation)
• CCPA (California Consumer Privacy Act)
• BIPA (Illinois Biometric Information Privacy Act) and similar biometric privacy laws
• Any other applicable privacy and data protection laws

7.2 Consent Obligations: Before using cloud-based facial recognition, you must:

• Obtain explicit, informed consent from all individuals whose faces will be analyzed
• Provide clear information about what biometric data will be collected and how it will be used
• Explain how facial data will be stored and how long it will be retained
• Provide individuals with the ability to withdraw consent
• Comply with any specific requirements in your jurisdiction (e.g., written consent, separate consent forms)

7.3 Client Notification: You should inform your clients about your use of facial recognition and auto-tagging in your privacy policy or terms of service.

7.4 Data Controller Role: When using AI features, YOU are the data controller and determine the purposes and means of processing. Peasier is merely the data processor providing technical tools.

7.5 Records Maintenance: You should maintain records of:

• Consents obtained for facial recognition
• Privacy notices provided to clients
• Your data protection impact assessment (DPIA) if required by law

8.1 Prohibited Uses: You may NOT use AI features for:

• Discriminatory purposes: Making decisions based on race, ethnicity, gender, age, religion, disability, or other protected characteristics
• Surveillance: Tracking or monitoring individuals without their knowledge and consent
• Law enforcement: Using for policing, investigations, or criminal justice purposes without proper legal authority
• High-risk decisions: Making decisions about employment, credit, housing, education, or healthcare without human review
• Children without consent: Processing biometric data of children without parental consent (where required)
• Harassment: Using to harass, stalk, or intimidate individuals
• Illegal activities: Any use that violates laws or regulations
• Misrepresentation: Presenting AI-generated results as 100% accurate or human-verified when they are not

8.2 Photography Use Case: AI features are designed for legitimate photography business purposes, such as:

• Helping clients find photos of themselves at events
• Organizing and categorizing large photo libraries
• Creating personalized galleries for clients
• Efficiently delivering photos to the right people

8.3 Consequences of Violation: If you violate this Acceptable Use Policy, Peasier may:

• Disable your access to AI features
• Suspend or terminate your Peasier account
• Report violations to appropriate authorities
• Take legal action to protect Peasier and affected individuals

9.1 Use of External AI Services: Peasier uses third-party AI providers for certain features, including but not limited to:

• OpenAI
• Google AI
• Other AI service providers (subject to change)

9.2 Auto-Tagging Only: External AI providers are used ONLY for auto-tagging features (identifying scenes, objects, activities). They are NOT used for facial recognition.

9.3 Facial Recognition Remains In-House: All facial feature extraction and preprocessing is performed exclusively on Peasier's own servers in the EU region. We do NOT send your images to external AI providers for facial analysis.

9.4 Third-Party Terms: When we use third-party AI providers, your data is processed in accordance with their terms of service and privacy policies. We select providers that maintain strong data protection standards.

9.5 Provider Changes: Peasier may change AI service providers from time to time as technology evolves. We will update our sub-processor list accordingly and notify you of material changes.

9.6 No Third-Party Liability: Peasier is not responsible for the actions, performance, or data practices of third-party AI providers beyond our reasonable efforts to select reputable providers.

10.1 AS IS Provision: AI features are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied, including but not limited to:

• Warranties of accuracy or reliability
• Warranties of merchantability or fitness for a particular purpose
• Warranties of non-infringement
• Warranties that AI features will be error-free or uninterrupted

10.2 No Accuracy Guarantee: Peasier does NOT guarantee:

• That facial recognition will correctly identify or group faces
• That auto-tagging will accurately describe image content
• That AI features will work with all types of images
• That results will meet your expectations or requirements

10.3 Exclusion of Liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEASIER SHALL NOT BE LIABLE FOR:

• Inaccuracies, errors, or failures in AI-generated Output
• Your reliance on AI Output for any purpose
• Your failure to comply with consent and legal requirements
• Claims by third parties arising from your use of AI features
• Decisions made based on AI Output
• Loss of data or business interruption related to AI features

10.4 Liability Cap: To the maximum extent permitted by law, Peasier's total liability for any claims arising from AI features shall not exceed $100 USD or the amount you paid to Peasier in the 6 months preceding the claim, whichever is lower.

10.5 No Consequential Damages: Peasier shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of AI features.

10.6 Your Indemnification: You agree to indemnify, defend, and hold Peasier harmless from any claims, damages, liabilities, costs, and expenses (including attorneys' fees) arising from:

• Your use of AI features in violation of these AI Terms
• Your failure to obtain required consents
• Your violation of biometric data protection laws
• Claims by individuals whose data you processed unlawfully
• Your violation of the Acceptable Use Policy

11.1 Right to Modify: Peasier reserves the right to modify, suspend, or discontinue AI features (or any part thereof) at any time, with or without notice.

11.2 Feature Updates: We may update AI algorithms, models, or capabilities to improve accuracy, performance, or compliance with evolving regulations.

11.3 No Liability for Changes: Peasier shall not be liable for any modification, suspension, or discontinuation of AI features.

11.4 Updates to AI Terms: We may update these AI Terms from time to time to reflect changes in features, laws, or best practices. Material changes will be communicated via email or through the Peasier platform.

12.1 Relationship to Other Documents: These AI Terms supplement:

• Peasier Terms of Service (general terms)
• Data Processing Agreement (GDPR/NDPR compliance)
• Privacy Policy (data collection and use)

12.2 Governing Law: These AI Terms are governed by the same laws as the Main Terms of Service.

12.3 Severability: If any provision of these AI Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

12.4 Entire Agreement: These AI Terms, together with the Main Terms and related documents, constitute the entire agreement regarding AI features.