1. Information Collection and Use: Google Data via API Scopes
If you choose to integrate your Google account with the Arena platform, we will request specific permission scopes to enable automated workflows. Depending on the custom workflow integrations you activate, we may access the following categories of Google data:
- Basic Profile Information: Your name, email address, and profile settings to securely authenticate your connected accounts.
- Gmail Messages & Metadata: The ability to read, search, format, and send emails natively from your account, purely to execute user-configured trigger and response communication blocks.
- Calendar Data: The capability to list, view, create, update, and delete calendar events to handle scheduling automation.
- Google Sheets & Content: Access to read structured row data from your specified spreadsheets and write processed data or metrics back to them.
- Google Drive & Documents: The ability to list, read, create, or modify Google Docs and generic files to export generated briefs, marketing reports, or files created within your workspace environment.
We strictly adhere to the principle of least privilege. Arena will only request the minimal, technically feasible scopes required to run the automated features you explicitly choose to activate, and we will never request access for features that are not yet implemented.
2. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: YOUR ACCESS TO AND USE OF THE SITES AND THE POSITION² SERVICES IS AT YOUR SOLE RISK. THE SITES AND POSITION² SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. POSITION² EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER POSITION² NOR ANY PERSON ASSOCIATED WITH POSITION² MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE SITES, THE POSITION² SERVICES, OR ANY CONTENT OR MATERIALS MADE AVAILABLE IN CONNECTION THEREWITH. WITHOUT LIMITING THE FOREGOING, POSITION² MAKES NO WARRANTY OR REPRESENTATION THAT (i) THE SITES OR THE POSITION² SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SITES OR THE POSITION² SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES OR THE POSITION² SERVICES WILL BE USEFUL, ACCURATE OR RELIABLE.
YOU SPECIFICALLY ACKNOWLEDGE THAT THE POSITION² SERVICES UTILIZE EMERGING ARTIFICIAL INTELLIGENCE ("AI") AND MACHINE LEARNING TECHNOLOGIES. DUE TO THE INHERENT NATURE OF AI, OUTPUTS GENERATED BY THE SERVICES MAY NOT BE UNIQUE, MAY BE INACCURATE, INCOMPLETE, OR OFFENSIVE ("HALLUCINATIONS"), AND MAY NOT BE APPROPRIATE FOR YOUR SPECIFIC USE CASE. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING, VERIFYING, AND INDEPENDENTLY EVALUATING ALL AI-GENERATED OUTPUTS AND AUTONOMOUS AGENT ACTIONS BEFORE RELYING UPON, PUBLISHING, OR IMPLEMENTING THEM.
POSITION² WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR ACCESS TO OR USE OF THE SITES OR THE POSITION² SERVICES, OR ITEMS OBTAINED THROUGH THE SITES OR THE POSITION² SERVICES, INCLUDING WITHOUT LIMITATION ANY MATERIAL DOWNLOADED FROM IT, AVAILABLE THROUGH IT OR LINKED TO IT. POSITION² DOES NOT CONTROL, ENDORSE OR TAKE RESPONSIBILITY FOR ANY CONTENT, PRODUCTS, SERVICES OR OTHER MATERIALS AVAILABLE ON OR LINKED THROUGH THE SITES, THE POSITION² SERVICES, OR THE ACTIONS OF ANY THIRD PARTY OR USER, INCLUDING ANY THIRD-PARTY LARGE LANGUAGE MODEL (LLM) PROVIDERS OR EXTERNAL APIS THAT POWER THE AI FEATURES OF THE SERVICES. POSITION² MAKES NO WARRANTY REGARDING THE UPTIME, CONTINUITY, OR PERFORMANCE OF SUCH THIRD-PARTY AI MODELS.
NO ADVICE OR OTHER COMMUNICATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM POSITION² OR THROUGH OR FROM THE SITES OR THE POSITION² SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
3. Ownership
You will retain ownership of your rights in all information that you provide to us in connection with the Position² Services we provide to you. However, you hereby grant Position² and its affiliates, partners, service providers and each of our and their respective successors and assigns, a worldwide, sublicensable, royalty-free, transferable and non-exclusive license to use such information, including your PII and access to your accounts with third party service providers, as described in these Terms of Use. You hereby represent and warrant that you have all of the rights necessary to grant such licenses and that such information does not (and will not) violate the rights of any third party or any law.
AI Inputs and Outputs: The Position² Services include artificial intelligence features and autonomous agents. You may provide data, prompts, or instructions to these features ("Inputs") and receive generated content, data, or executed workflows ("Outputs"). As between the parties and to the extent permitted by applicable law, you own your Inputs and the Outputs. You hereby grant Position² and its affiliates a worldwide, royalty-free, non-exclusive license to use, host, store, reproduce, and process the Inputs and Outputs solely to provide, maintain, develop, and improve the Position² Services. Due to the nature of machine learning, you acknowledge that Outputs may not be unique across users and the Position² Services may generate the same or similar output for Position² or a third party. You agree that Position²'s generation of similar outputs for other users does not constitute a copyright infringement of your Outputs.
The Sites, the Position² Services and all related content are protected by copyright, trademark, and other intellectual property laws of the United States and foreign countries. As between you and us, Position² owns and will own all right, title and interest in and to the Sites, the Position² Services and all related content, including all associated intellectual property rights available in any applicable jurisdiction. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Sites or the Position² Services.
4. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER POSITION² NOR ANY OF THE OTHER POSITION² ENTITIES WILL BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM OR RELATING TO: (i) YOUR USE OF OR THE INABILITY TO ACCESS OR USE THE SITES OR THE POSITION² SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES; (iii) ANY OTHER MATTER RELATING TO THE SITES OR THE POSITION² SERVICES, INCLUDING WITHOUT LIMITATION IN CONNECTION WITH THESE TERMS OF USE; OR (iv) ANY ACTIONS, OMISSIONS, WORKFLOWS, OR DATA MODIFICATIONS EXECUTED BY AUTONOMOUS OR SEMI-AUTONOMOUS AI AGENTS ON YOUR BEHALF WITHIN THE POSITION² SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOU SPECIFICALLY ACKNOWLEDGE THAT YOU ARE SOLELY RESPONSIBLE FOR CONFIGURING APPROPRIATE PERMISSIONS, SETTING GUARDRAILS, AND MONITORING ANY AI AGENTS THAT INTERACT WITH YOUR SYSTEMS, DATABASES, OR THIRD-PARTY ACCOUNTS. POSITION² SHALL NOT BE HELD LIABLE FOR ANY UNINTENDED CONSEQUENCES, FINANCIAL LOSSES, OR CORRUPTED DATA RESULTING FROM WORKFLOWS EXECUTED BY AI AGENTS.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE POSITION² ENTITIES EXCEED ONE THOUSAND UNITED STATES DOLLARS ($1,000). THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN POSITION² AND YOU. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
5. Data Usage and AI Model Training
Position² respects the confidentiality and security of the data you provide to the Position² Services. You acknowledge and agree to the following regarding the use of your Inputs and Outputs in connection with our artificial intelligence and agentic features:
- Third-Party Model Training: When the Position² Services utilize third-party artificial intelligence providers or external Large Language Model (LLM) APIs (e.g., OpenAI, Anthropic, or similar enterprise providers) to power agentic workflows, your Inputs and Outputs are processed strictly to deliver the requested features. Position²'s agreements with these enterprise API providers prohibit them from using your Inputs or Outputs to train, fine-tune, or improve their public, consumer-facing foundation models.
- Position² Proprietary Training: Position² does not use your Personally Identifiable Information (PII), confidential customer data, or specific Inputs and Outputs to train or fine-tune public-facing AI models. However, Position² reserves the right to use aggregated, anonymized, and de-identified data derived from your use of the Position² Services solely for the purpose of maintaining, developing, and improving our internal algorithms, predictive analytics, and proprietary machine learning models.
- Bring Your Own Key (BYOK): If the Position² Services permit you to integrate your own third-party AI API key, you are solely responsible for managing the data privacy settings, opt-outs, and data retention policies directly with that third-party provider. Position² bears no responsibility for how a third party processes data routed through an API key provided by you.
6. Third-Party AI Providers and BYOK (Bring Your Own Key)
Third-Party Providers: The Position² Services utilize third-party large language models (LLMs) and artificial intelligence APIs (e.g., OpenAI, Anthropic, Google) to power certain agentic and generative features. You acknowledge that Position² does not control these third-party services. Position² makes no warranties regarding the uptime, availability, or continued performance of these third-party models and shall not be liable for any degradation or interruption of the Position² Services caused by external provider outages. By using these AI features, you agree to comply with the respective Terms of Service and Acceptable Use Policies of our third-party providers.
Bring Your Own Key (BYOK): If you choose to, or are required to, input your own third-party API key to power the AI features within the Position² Services (a "BYOK Integration"), you acknowledge and agree that:
- You are solely responsible for all billing, costs, and token usage limits associated with your API key.
- You are solely responsible for managing your data privacy, retention policies, and opt-outs directly with the third-party provider.
- Position² bears no liability for data breaches, data loss, or compliance violations that occur on the third-party provider's servers as a result of your BYOK Integration.
7. AI-Specific Prohibited Activities
In addition to the restrictions set forth above, when utilizing the artificial intelligence, generative, or agentic features of the Position² Services, you expressly agree not to:
- Bypass Guardrails: Attempt to bypass, disable, or circumvent any safety filters, moderation systems, or systemic guardrails implemented by Position² or its third-party AI providers (e.g., "jailbreaking").
- Regulated Decisions: Use autonomous agents to make fully automated decisions in highly regulated domains (including, but not limited to, legal, medical, financial, credit scoring, housing, or employment matters) without explicit and meaningful human review and oversight.
- Malicious Generation: Prompt the Position² Services to generate malicious code, malware, fraudulent materials, deepfakes, or deceptive synthetic media.
- Competitive Training: Use the Position² Services, including any generated Outputs, to develop, train, or fine-tune any foundational AI models, algorithms, or software services that compete directly or indirectly with Position² or Arena.
- Infringement: Provide Inputs or request Outputs that you know, or reasonably should know, will infringe upon the intellectual property, copyright, or privacy rights of any third party.
8. Account Cancellation; Termination
If you breach these Terms of Use, Position² will have the right to block your access to the Sites or Position² Services, suspend or disable your Account or terminate these Terms of Use, at its sole discretion, without prior notice to you. You may terminate these Terms of Use at any time and for any reason by writing to or clicking delete@position2.com to delete your Account and discontinuing all use of the Site and the Position² Services. If you stop using the Position² Services without deleting your Account, we reserve the right to deactivate your Account due to prolonged inactivity. We also reserve the right to remove any content from deleted or deactivated accounts and to retain any such removed content for archival purposes. Upon any termination of these Terms of Use or cancellation of your Account, you must promptly destroy all originals and copies of any materials related to or referencing the Sites and/or the Position² Services in your possession or control and so certify in writing to Position² and cease any further access to the Sites or use of the Position² Services. Notwithstanding the termination of these Terms of Use or the cancellation of your Account, the terms and conditions governing your indemnification, your prohibited uses, the disclaimers of warranties, the limitation of our liability, and any other provision which by its nature is intended to survive such termination, will survive such termination.
