Hex Magic Terms and Conditions

Last updated December 8, 2023

These Hex Magic Terms and Conditions (”the Terms”) supplement the applicable Hex Services Agreement (“Services Agreement”) between You and Hex, which is incorporated by reference. These Terms apply specifically to the private beta (”Beta Program” or “Beta”) that provides new features in Hex Magic (”Hex Magic” or “Magic”) driven by AI models which may be hosted by Hex or applicable 3rd-party partners (”Models”).

In case of any conflict between the Services Agreement and these Terms as it relates specifically to Hex Magic, these Terms shall govern.  By clicking "I Accept", or proceeding with the use of Hex Magic, individually, and/or you as an authorized representative of your company on whose behalf you use Hex Magic ("You"), are indicating that you have read, understood and accept these terms and that you agree to be bound by the terms. If you do not agree with all of the terms of this agreement, you may not use Hex Magic.

IP ownership

You agree that Hex owns all legal rights, title, and interest in the Beta Program and Hex Magic, including all intellectual property rights. Except for the license provided, no other rights or permissions are granted. You are not permitted to use any of our trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except to the extent allowed by law. You may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with Hex Magic or any other aspect of Hex’s technology, unless given written permission from Hex.

Data privacy and processing

Hex only sends information to the Models as specified by user actions. Hex does not send information from connected databases or other projects in Hex unless as specifically triggered by a user. We do not and will not permit third parties to use your content or Customer Data to improve or train their AI models. We do not and will not use your content or Customer Data to improve or train our models without your expressed permission.

To the extent your input contains Customer Personal Data (as that term is defined in the Data Process Addendum), you instruct Hex to process the Customer Personal Data for the additional Business Purpose of providing the Magic functionality and output.

You consent to Hex using your schema data: which includes table and column names; and code data: which includes code cells, submitted prompts, and resulting completions, for purposes of improving and delivering Hex Magic to you.

Accuracy

Hex makes absolutely no claims, guarantees, or representations pertaining to the quality or accuracy of Hex Magic features. AI models are error-prone, and can make mistakes, misunderstand prompts, hallucinate answers, and introduce bias. You are fully responsible for the code you execute, and Hex has no responsibility for any damages or issues resulting from your use of Hex Magic.

Participation in Beta

Invitation to the Beta is at the sole discretion of Hex, and can be revoked at any time, including upon termination of the Beta Program. You acknowledge that Hex is under no obligation to continue to provide these features, and can choose to discontinue them or the Beta at any time. Hex may also choose to start charging for these features, at which time free access will be terminated and you may be subject to fees for additional use. We reserve the right to modify or terminate the Beta Program, the Terms at any time, in our sole discretion, for any reason, with or without notice and without liability to you.

Acceptable use

You may not use Hex Magic to (i) engage in nefarious use, including generating malicious code, attempting to mislead others, or intentionally generating harmful or offensive content; (ii) to develop foundation models or other tools that could compete with Hex; (iii) violate other applicable laws, restrictions, or technical limitations.

Hex reserves the right to determine that any other use is unacceptable for any reason, at our sole discretion, and either restrict or terminate access accordingly.

Hex uses technology provided by OpenAI, LLC (“OpenAI”). You may not use Hex in a manner that violates any OpenAI Policy, including their Content Policy; Sharing and Publication Policy; and Community Guidelines.

LIMITS ON LIABILITY

IN NO EVENT SHALL HEX OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE TERMS OR YOUR PARTICIPATION IN THE BETA PROGRAM WHETHER DIRECT OR INDIRECT,  HOWEVER CAUSED AND BASED ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), VIOLATION OF STATUTE, OR OTHERWISE, AND WHETHER OR NOT HEX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEX’S MAXIMUM LIABILITY HEREUNDER IS LIMITED TO $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

WARRANTY DISCLAIMER

YOU HEREBY ACKNOWLEDGE AND AGREE THAT HEX MAGIC AND ALL OUTPUT ARE PROVIDED BY HEX ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF THE BETA PROGRAM OR HEX, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEX EXPRESSLY DISCLAIMS ALL AND YOU RECEIVE NO WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THOSE OF MERCHANTABILITY, SATISFACTORY QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HEX MAKES NO WARRANTY THAT ANY OF THE SERVICES WILL MEET YOUR REQUIREMENTS AND/OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, ERROR-FREE OR SECURE, NOR DOES HEX MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF HEX OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH HEX MAGIC. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY OF HEX MAGIC IS DONE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT HEX MAGIC IS NOT IN SCOPE FOR HEX’S SOC 2 TYPE II AND OTHER INDEPENDENT SECURITY AUDITS AND SECURITY CERTIFICATIONS.  NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HEX OR THROUGH HEX SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES AND CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

DISCLAIMER FOR HIPAA CUSTOMERS

Notwithstanding any warranties or other terms in the Services Agreement, and without limiting any disclaimers set forth in the Services Agreement, the Services and Hex Magic output are not intended to substitute for the function or services of properly trained and licensed individuals, including without limitation physicians or other clinicians, billing, coding, or claims personnel, or clinical researchers. Hex is not responsible or liable for any advice, course of treatment, diagnosis, or any other information or services that any patient or other individual may obtain or receive; billing, coding, or claims activities conducted by Customer; or for the accuracy, completeness, or suitability of any data or information used in any healthcare activities, including clinical research activities conducted by Customer. The Services and Hex Magic output are not intended to be used in a manner that constitutes a medical device.