Terms of Service¶
IBM watsonx Code Assistant Terms of Service¶
We are excited that you are interested in participating in this Tech Preview and as a benefit, receiving access to IBM’s Early Cloud Service for IBM watsonx Code Assistant (“Early Cloud Service” or “ECS.”) User may use the ECS at no cost subject to the terms of this Agreement (“Agreement”).
BY USING THE ECS, USER SIGNIFY YOUR ACCEPTANCE OF THE AGREEMENT AND ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE AGREEMENT TERMS. IF YOU DO NOT ACCEPT THE AGREEMENT TERMS, THEN DO NOT USE THE ECS.
1. Early Cloud Service¶
The Tech Preview gives access to a pre-release version of the ECS. The ECS is intended to use an AI model to create Ansible tasks and other Ansible related content, and share related data and information regarding such usage to train and improve the ECS.
Suggestions by ECS: Based on your request, the ECS will provide suggested Ansible tasks and other Ansible materials (“Suggestions”). By using the ECS, you agree that any and all Suggestions and any User data input into ECS may be used by International Business Machines Corporation (“IBM”) and its affiliates including Red Hat, Inc. (“Red Hat”), for any purpose without limitation, including to further improve and train the ECS.
Suggestions may be similar to material used to train the machine learning model used to provide the ECS. The Suggestions will likely require modifications by User. User should evaluate whether Suggestions are appropriate for User environments. User’s use of Suggestions is at User’s discretion and risk. Any User requests or input into ECS will not be treated as confidential information.
The ECS is not designed to comply with any specific governmental regulation or specific security measures. User agrees that no personal data will be input to the ECS, including such that may be subject to European General Data Protection Regulations (GDPR) requirements. User acknowledges that the use of the ECS meets User's requirements and processing instructions required to comply with applicable laws.
User Feedback on ECS: The ECS is a service IBM is developing and testing for release as a cloud service. User is authorized to use the ECS for the purpose of evaluating its functionality and to provide feedback on the ECS to IBM and its affiliates, who may use the feedback for any purpose without limitation.
Code: Code is defined as the content User creates using the ECS, including User’s modifications to Suggestions. IBM does not claim any intellectual property rights with respect to any Suggestions.
2. Right to Use and User Responsibilities¶
To use the ECS you need to install the Ansible Visual Studio Code extension and authenticate via your GitHub account that you have been authorized to use with the Ansible Service.
IBM is neither a party to the Red Hat Enterprise Agreement nor the Visual Studio Code agreement and is not responsible for the Ansible Service. User is responsible for the use of the ECS by any user who accesses the ECS with User's account credentials. User is responsible for obtaining all necessary rights and permissions to permit processing of data in the ECS.
With respect to Code, User shall apply meaningful testing and human oversight of the Code the User produces while using ECS to find and mitigate errors and vulnerabilities.
The ECS is not designed for use in a production environment or for commercial purposes and any such use is at User’s own risk. If the offering becomes generally available, IBM is under no obligation to offer migration capabilities or services.
3. No Warranties, Service Levels or Technical Support¶
THE ECS IS PROVIDED AS-IS WITH NO WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED) INCLUDING I) NO WARRANTY FOR UNINTERRUPTED OR ERROR-FREE OPERATION OF THE ECS; AND II) NO OTHER WARRANTIES SUCH AS IMPLIED WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE; AND WITH NO SERVICE LEVEL AGREEMENTS OR TECHNICAL SUPPORT.
IBM intends to offer the ECS through December, 2023 and reserves the right to periodically update, improve or discontinue the ECS or any component or functionality of the Service. IBM may terminate your use of the ECS at any time for any reason.
User may terminate participation in the Tech Preview at any time by stopping use of the ECS.
IBM may in its reasonable discretion, change these terms, modify the computing environment, or withdraw the ECS, in whole or in part. Continued use is User’s acceptance of any such change. If User does not accept a change, User is responsible to terminate User’s use.
6. Acceptable Use Terms¶
The ECS may not be used to undertake any activity that:
- is unlawful, fraudulent, harmful, malicious, obscene, or offensive;
- threatens or violates the rights of others;
- disrupts or gains (or intends to disrupt or gain) unauthorized access to data, services, networks, or computing environments within or external to IBM;
- sends unsolicited, abusive, or deceptive messages of any type; or
- distributes any form of malware.
User may not use the ECS: i) for crypto-mining; or ii) if failure or interruption of the ECS could lead to death, serious bodily injury, or property or environmental damage.
User may not:
- reverse engineer any portion of the ECS; or
- assign or resell direct access to the ECS to a third party.
IBM's entire liability for all claims related to the Agreement will not exceed the amount of any actual direct damages incurred by User up to US $1,000, regardless of the basis of the claim. IBM will not be liable for special, incidental, exemplary, indirect or economic consequential damages, or lost profits, business, value, revenue, goodwill, or anticipated savings. These limitations apply collectively to IBM, its affiliates, contractors, and suppliers.
IBM has no responsibility for claims based on: (1) items not provided by IBM; or (2) any violation of law or third party rights caused by User Code or User data.
8. Business Contact and Account Usage Information¶
IBM, its affiliates, and contractors of either require use of business contact information and certain account usage information. Business contact information is used to communicate and manage business dealings with the User. Examples of business contact information include name, business telephone, address, email, user ID, and tax registration information.
Account usage information is required to enable, provide, manage, support, administer, and improve the ECS. Examples of account usage information include digital information gathered using tracking technologies, such as cookies and web beacons during use of the ECS.
The IBM Privacy Statement at https://www.ibm.com/privacy/ provides additional details with respect to IBM's collection, use, and handling of business contact and account usage information. When User provides information to IBM and notice to, or consent by, the individuals is required for such processing, User will notify individuals and obtain consent.
9. Compliance with Laws¶
Each party is also responsible for complying with:
- laws and regulations applicable to its business; and
- import, export and economic sanction laws and regulations, including the defense trade control regime of the United States of America and any applicable jurisdictions that prohibit or restrict the import, export, re-export, or transfer of products, technology, services or data, directly or indirectly, to or for certain countries, end uses or end users.
IBM will not serve as User's exporter or importer, except as required by data protection laws.
10. Enforcement and Other Rights¶
If a provision of the Agreement is invalid or unenforceable, the remaining provisions remain in full force and effect.
11. Cause of Action¶
No right or cause of action for any third party is created by the Agreement. Neither party will bring a legal action arising out of or related to the Agreement more than two years after the cause of action arose.
12. Global Resources¶
IBM may use personnel and resources in locations worldwide, including contractors, to support the ECS’s delivery.
IBM is an independent contractor, not User's agent, joint venturer, partner or fiduciary.
IBM does not undertake to perform any of User's regulatory obligations or assume any responsibility for User's business or operations, and User is responsible for its use of the ECS. IBM is acting as an information technology provider only. IBM's direction, suggested usage, or guidance or use of the ECS does not constitute medical, clinical, legal, accounting, or other licensed professional advice. User should obtain their own expert advice.
Both parties agree to the application of the laws of the State of New York, United States, without regard to conflict of law principles.
Red Hat Terms of Service¶
Red Hat Ansible Lightspeed with IBM watsonx Code Assistant Technical Preview Program Terms
We are excited that you are interested in participating in this Technical Preview Program (“Program”) and as a benefit, receiving access to Red Hat’s preview service that provides guidance on Ansible tasks and other Ansible related content (“Lightspeed”) integrated with IBM’s Early Cloud Service for IBM watsonx Code Assistant ("ECS") (subject to a separate IBM agreement). The Program gives you access to a preview version of Lightspeed at no cost subject to these terms.
These Program Terms govern your use of Lightspeed and are subject to the Red Hat Enterprise Agreement available at https://www.redhat.com/agreements (the "Agreement"). When we use a capitalized term without defining it in these Program Terms, the term has the meaning defined in the Agreement. If there is a conflict between these Program Terms and the Agreement, the Program Terms will take precedence. IBM is not a party to the Agreement or these Program Terms.
The Program gives access to a preview version of Lightspeed. Lightspeed passes your requests to ECS and uses output from ECS to refine Ansible tasks and other Ansible related content. Red Hat shares that data and related information regarding such usage with IBM to train and improve Lightspeed and ECS. Lightspeed is not supported for or intended for any other purpose.
To use Lightspeed, you need to install the Ansible Visual Studio Code extension and authenticate via your GitHub account that you have been authorized to use for this Program. Based on your request, Lightspeed will provide suggested tasks or other Ansible related materials ("Suggestions"). By participating in this Program you agree that any and all Suggestions and any data associated with your use, may be used by Red Hat and Red Hat’s affiliated companies, including IBM, for any purpose including to further improve and train Lightspeed and ECS. The following information is collected and may be shared with IBM:
- The VS Code extension provides prompts and context to create Suggestions, and user interactions with Suggestions such as acceptance, modification or rejection.
- Lightspeed collects telemetry including Suggestions generated by ECS and refined by post-processing rules, as well as operational information (e.g. service errors and response times).
- User feedback regarding user sentiment and recommendations.
- Any program feedback provided directly to Red Hat.
Suggestions may be similar to material used to train the machine learning model. The Suggestions will likely require additional modifications by you to be useful. Suggestions are not considered Red Hat Software and Red Hat does not claim any intellectual property rights with respect to any Suggestions. Your use of Suggestions is at your discretion and risk. Any requests or input into Lightspeed will not be treated as confidential information. Lightspeed is not intended to process personal information, so do not provide personal information except for business contact type information (name, work email address, etc.) associated with this Program. For information on how Red Hat processes your personal information, see the Red Hat Privacy Statement.
Red Hat makes no warranties or guarantees with respect to Lightspeed including Suggestions, except those explicitly required by law, and you should confirm that use of Lightspeed or any Suggestions is appropriate for your environment. If you believe Red Hat or its affiliates are using your material in a non-compliant manner, you agree to provide Red Hat with written notice and allow Red Hat ninety days to address your issue.
Red Hat reserves the right to periodically update, improve or discontinue Lightspeed or any component or functionality at any time. Red Hat may terminate your use of Lightspeed at any time for any reason.
These Program Terms establish the rights and obligations associated with Lightspeed and are not intended to limit your rights to software code under the terms of an open source license.
PLEASE READ THESE PROGRAM TERMS CAREFULLY BEFORE USING LIGHTSPEED. BY USING THE SERVICE, YOU SIGNIFY YOUR ACCEPTANCE OF THESE PROGRAM TERMS AND ACKNOWLEDGE YOU HAVE READ AND UNDERSTAND THE PROGRAM TERMS. IF YOU DO NOT ACCEPT THE PROGRAM TERMS, THEN DO NOT USE LIGHTSPEED.