The following terms (the “Notion Mail Beta Terms”) supplement the Master Subscription Agreement and Personal Use Terms of Service (each, respectively and as applicable, the “Agreement”) between you and Notion Labs, Inc. (“Notion”) and apply to and govern your access to and use of Notion Mail in beta (the “Beta Product”). The Beta Product is a service that provides email messaging and advanced classification, summarization, and other workflow functionality. For the purposes of these Notion Mail Beta Terms and where the Personal Use Terms of Service apply, any reference to Customer Data shall also mean User Content.  All other defined terms in these Notion Mail Beta Terms shall have the same meaning as in the Agreement. The Beta Product is a Beta Service as that term is defined in the Master Subscription Agreement. The applicable Agreement (including the Notion Mail Privacy Policy) is incorporated by reference and will control for any provisions not addressed in these Notion Mail Beta Terms.

Participation and Termination

Notion may suspend or terminate your access to or use of the Beta Product at any time and for any reason. The Notion Mail Beta Terms will automatically terminate upon the release of a generally available version of the Beta Product (including versions marketed or branded under a different name), deprecation of the Beta Product, or upon notice of termination by Notion. You acknowledge Notion is under no obligation to make the Beta Product generally available and may never do so. Further, upon the Beta Product becoming generally available, you acknowledge that continued access and use of the Beta Product may be subject to your agreement to pay additional fees. We reserve the right to modify or terminate the Notion Mail Beta Terms, at any time, in our sole discretion, for any reason, with or without notice and without liability to you. You may discontinue your use of the Beta Product by contacting the Notion customer support team at team@makenotion.com.

Beta Product

The Beta Product provides artificial intelligence and machine learning functionality. To provide this functionality Notion leverages OpenAI as a sub-processor. As such, OpenAI will process the Customer Data within the Beta Product to provide the Beta Product functionality. For clarity, OpenAI is a general Notion sub-processor (as described on Notion’s Sub-processor Page) and OpenAI is also used to provide this Beta Product functionality. Further, Notion leverages a self hosted version of Llama 3.1 to provide the artificial intelligence and machine learning functionality within the Beta Product. Llama is provided subject to the following license terms and restrictions - https://llama.meta.com/llama3_1/license/ and https://llama.meta.com/llama3_1/use-policy/.

IP

You agree that, as between you and us, we own all legal rights, title and interest in and to the Beta Product, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to any of the Beta Product is granted.

Nothing herein gives you a right to use any of our trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.  Except to the extent permitted 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 Beta Product and/or any other aspect of Notion technology, except as permitted by us.

Confidential Information

Information that is disclosed by one party (the “Disclosing Party”) to the other party (the “Receiving Party”) in connection with the Notion Mail Beta Terms that is identified as confidential or that would reasonably be understood to be confidential based on the nature of the information or the circumstances surrounding its disclosure, is Confidential Information of the Disclosing Party. The Beta Product and all information provided or disclosed to you relating to the Beta Product is Confidential Information of Notion and Customer Data is your Confidential Information. The Receiving Party shall use the same degree of care to protect such Confidential Information that it uses to protect the confidentiality of its own confidential information of like kind (but in no event less than reasonable care). Further, the Receiving Party shall (i) not to use any Confidential Information of the Disclosing Party for any purpose outside the scope of these Notion Mail Beta Terms, and (ii) except as otherwise authorized by the Disclosing Party in writing, to limit access to Confidential Information of the Disclosing Party to those of its and its affiliates’ users, and other employees, contractors and agents who need such access for purposes consistent with these Notion Mail Beta Terms and who have signed confidentiality agreements with the Receiving Party containing protections no less stringent than those herein. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party’s Confidential Information as part of a civil proceeding to which the Disclosing Party is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will reimburse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Disclosing Party, (ii) was known to the Receiving Party prior to its disclosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party not involved in provision of the Beta Product without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party.

LIMITS ON LIABILITY

NOTWITHSTANDING ANY CONTRARY TERM IN THE AGREEMENT, IN NO EVENT SHALL NOTION OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL LOSS, EXEMPLARY OR OTHER DAMAGES RELATED TO THESE NOTION MAIL BETA TERMS 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 NOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTION’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 THE BETA PRODUCT IS PROVIDED BY NOTION ON AN “AS IS” BASIS AND AS AVAILABLE, AND YOUR ACCESS TO, PARTICIPATION AND/OR USE OF THE BETA PRODUCT, IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NOTION 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. NOTION 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 NOTION MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BETA PRODUCT OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH THE BETA PRODUCT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY OF THE BETA PRODUCT IS DONE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT THE BETA PRODUCT IS NOT IN SCOPE FOR NOTION’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 NOTION OR THROUGH THE BETA PRODUCT 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.