Terms of Service

If you’re signing up with your Salesforce (“SFDC”) or Heroku credentials: Your use of the Einstein.ai Service(s) is subject to the following Master Subscription Agreement (“MSA”), as well as to the following Supplemental Terms, which are hereby incorporated into such MSA by reference. Capitalized terms not defined herein shall have the meaning ascribed to them in the MSA.

Supplemental Terms

“Einstein.ai API” means the API endpoint accessible at https://api.einstein.ai.

“Einstein.ai Service(s)” means the Einstein.ai API for the Einstein Vision Service, or any other associated online service accessed by You via the Einstein.ai API.

“Prediction” means an API call to the Einstein.ai Service(s) with the purpose of generating a prediction.

“Beta Services” means SFDC services or functionality that may be made available to Customer to try at its option at no additional charge which is clearly designated as beta, pilot, limited release, developer preview, non-production, evaluation, or by a similar description.

Your use of the Einstein.ai Service(s) includes 1,000 free Predictions per calendar month. SFDC reserves the right to limit the size of databases, the number of Models that You can train and Your general access to the Einstein.ai API.

Unused Predictions are forfeited at the end of each calendar month and do not roll over to subsequent calendar months. The beginning and end of each calendar month will conform with UTC Time.

Einstein.ai Service(s) are available in English only.

You acknowledge that SFDC may access Your Data submitted to the Einstein.ai Service(s) for the purpose of developing and improving the Einstein.ai Service(s), and any other of SFDC’s current and future similar or related features, products and/or services.

You shall comply with all applicable laws and regulations in Your collection, use, processing and retention of any images, text, sounds and/or other data submitted to the Einstein.ai Service(s), and hereby represent and warrant that You have obtained all consents and provided all notices (including, if applicable, through clear disclosure in privacy policies) that are necessary to use, process, and retain all images, text, sounds and/or other data You submit to the Einstein.ai Service(s).

Sensitive personal data may not be submitted to the Einstein.ai Service(s), including images, text, sounds or other data containing or revealing government-issued identification numbers; financial information (such as credit or debit card numbers, any related security codes or passwords, and bank account numbers); racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, information concerning health or sex life; information related to an individual’s physical or mental health; and information related to the provision or payment of health care. Additionally, You may not use the Einstein.ai Service(s) to create or analyze biometric identifiers such as face prints or fingerprints, or scans of eyes, hands or facial geometry, nor may You use the Einstein.ai Service(s) for the purposes of analyzing, profiling or targeting someone’s racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership, age, gender, sex life, sexual orientation, criminal convictions, disability, health status or medical condition.

We may update these Einstein.ai API Terms of Service at any time. We’ll post notice of modifications to these terms on this page. We may also notify you of material revisions, for example via a service notification or an email to the email associated with your Salesforce or Heroku account. Your continued use of the Einstein.ai Service(s) means you agree to the updated terms, and if you don’t agree to the updated terms, you must stop using the Einstein.ai API.

Effective June 28, 2017

Content Takedown

Salesforce Einstein respects the intellectual property rights of third parties and responds to allegations that copyrighted material has been posted, uploaded or shared on or through the machine learning-based classification and prediction service operated by Salesforce Einstein (the “Service”) without authorization from the copyright holder in accordance with the safe harbor set forth in the Digital Millennium Copyright Act (“DMCA”). Salesforce Einstein will also, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may infringe or repeatedly infringe the copyrights of others in accordance with the DMCA.

Notification Of Alleged Copyright Infringement

If you believe that your work has been copied and made available through the Service in a way that constitutes copyright infringement, you may send a written document to Salesforce Einstein’s

  • A description of the copyrighted work that you claim has been infringed.
  • Identification of the URL or other specific location that contains the material that you claim infringes your copyright described in Item 1 above. You must provide us with reasonably sufficient information to locate the allegedly infringing material.
  • An electronic or physical signature of the owner of the copyright or of the person authorized to act on behalf of the owner of the copyright.
  • A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or applicable law.
  • A statement by you that the information contained in your Notice is accurate and that you attest under the penalty of perjury that you are the copyright owner or that you are authorized to act on the owner's behalf.
  • Your name, mailing address, telephone number, and email address.
Salesforce Einstein’s Designated Agent for Notice of claims of copyright infringement can be reached as follows:
Salesforce Einstein
The Landmark @ One Market Suite 300
San Francisco, California 94105
Attn: Legal Department, DMCA Complaint
E-Mail: copyright@salesforce.com

Please note that you may be liable for damages, including court costs and attorneys fees, if you misrepresent that content uploaded by a Service user is infringing your copyright.

Counter Notice Procedure

If you believe your own copyrighted material has been removed from the Service in error, you may submit a written Counter Notice to our Designated Agent (as identified above) that includes the following:

Upon receiving a proper Notice, Salesforce Einstein will remove or disable access to the allegedly infringing material and notify the alleged infringer of your claim. We will also advise the alleged infringer of the DMCA Counter Notice Procedure described below in Section B by which the alleged infringer may respond to your claim and request that we restore this material.

  • Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.
  • A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, the Northern District of California or any other judicial district in which Salesforce Einstein may be found.
  • A statement that you will accept service of process from the party that filed the Notice or the party’s agent.
  • Your name, address and telephone number.
  • A statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
  • Your physical or electronic signature.

If you send our Designated Agent a valid, written Counter Notice meeting the requirements described above, we will restore your removed or disabled material within 10 to 14 business days from the date we receive your Counter Notification, unless our Designated Agent first receives notice from the party filing the original Notice informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees.

Repeat Infringer Policy

The Company may withdraw all rights and privileges relating to the Service from any user who is deemed to be a repeat infringer. This determination will be based on the number of “strikes” against the user. A “strike” is counted against a user each time there is either: (i) an adjudication by a court, arbitrator or other tribunal of competent jurisdiction that the user has engaged in copyright infringement of any kind in relation to the Service; or (ii) the Company has actual knowledge, regardless of any such adjudication, that the user has engaged in any such copyright infringement.

Each adjudication or instance of knowledge counts as a separate strike. If an adjudication or instance of knowledge pertains to multiple instances of copyright infringement, it can count as multiple strikes. The Company has adopted a “three strikes and you’re out” policy under which a user who accumulates three strikes is considered a repeat infringer and may be subject to account termination.