Last updated 4/7/26
These APS AI Terms of Service (“AI Terms”), together with the APS Subscription Agreement (available at https://apspayroll.com/legal/subscription/) (“Subscription Agreement”) (collectively the “APS Agreements”) set out the terms under which Automatic Payroll Systems, Inc. (“APS”) will provide APS users access to APS’s artificial intelligence-based chatbot, account assistant, and related artificial intelligence services (collectively “APS AI”) via the APS Platform or a third party program. In the event of a conflict between the Subscription Agreement and the AI Terms, the AI Terms will control with respect to the AI services described herein. These AI Terms are “Additional Terms” as defined in the Subscription Agreement.
By accessing or using APS AI, or by clicking the applicable button, a user represents that he/she is authorized to bind the applicable employer to these AI Terms and that employer agrees to these terms.
THE SUBSCRIPTION AGREEMENT CONTAINS A MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER THAT IS INCORPORATED HEREIN WITH FULL EFFECT. For clarity, all disputes arising out of or relating to AI services are also subject to such arbitration and waiver.
1. AI Functionality
Subject to your compliance with the AI Terms and any instructions APS may provide to you, APS will use commercially reasonable efforts to enable its AI platform to perform certain functions at your request or on your behalf, including but not limited to: answering your questions about APS’s services, providing information to you about your employer account (each such function a “Function”).
Some Functions are only available to account administrators who have enabled AI from within their account. Access to Functions, or certain uses of Functions, may be restricted to certain account administrators based on their permissions. APS may add, modify, or remove Functions at any time without notice. APS does not guarantee continuous or uninterrupted availability of AI Functions, which may be limited or suspended due to third-party service providers (such as AI vendors) or other factors outside APS’s reasonable control.
Certain Functions remain under development and may only be available to limited Users on a “beta” or pilot basis.
Actions taken by APS AIi at your request, direction, or otherwise under these AI Terms constitute authorized actions by your employer.
2. Inputs & Outputs
You may cause information or content to be provided to APS AI (collectively such information or content constitute “Inputs”) and receive responses or output (“Outputs”) from APS AI. Inputs constitute Customer Data as defined in the Subscription Agreement. Outputs constitute “AI Content.” Collectively, Inputs and Outputs constitute “Materials.”
By submitting Inputs to APS AI, you represent and warrant that you have all rights, licenses, and permissions that are necessary for APS AI to process the Inputs under these AI Terms, including (without limitation), to share Materials with others at your direction and to use, process, and share the Materials as described in our Privacy Policy (available at https://apspayroll.com/about-us/privacy-policy/). You agree not to include any sensitive personal data (such as Social Security numbers, government identifiers, financial account numbers, health information, or other legally protected data) in Inputs unless expressly authorized in writing by APS. Inputs are deleted upon generation of Outputs. APS may retain and use Outputs, at its sole discretion, to enhance, research and analyze APS AI’s services, including enhancement and improvement of APS AI. APS uses certain subprocessors, including third-party artificial intelligence service providers, to process Inputs and generate Outputs as part of the APS AI service. You also represent and warrant that your submitting Inputs to us will not violate these AI Terms, our APS User Terms and Conditions (available at https://apspayroll.com/legal/user-terms/), or any laws or regulations applicable to those Inputs. You understand that you have sole responsibility for the accuracy, quality, integrity, and legality of all Inputs, including any Customer Data included in Inputs, and disclosure of the same.
APS does not guarantee the accuracy of any Output generated by APS AI. Given the probabilistic nature of machine learning and artificial intelligence, use of APS AI may result in an erroneous or incomplete Output, and you should not rely on any Output without independently confirming its accuracy and completeness. Outputs are generated by AI technology and are not reviewed by APS personnel prior to delivery. Outputs may not be unique, and the same or similar Output may be generated for others. Outputs may be incomplete, incorrect, reflect out of date information, or reflect information that is not consistent with APS AI’s views. Outputs referencing a third party do not constitute an endorsement of that third party or mean that APS AI has a relationship with that third party.
You are solely responsible for your use of or reliance on Outputs, and agree not to use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.
3. Acceptable Use
You will not, and will not allow, instruct, authorize or induce anyone or anything to (a) be misled that Output is human-generated; (b) include any content that violates any third-party rights in an Input; (c) include in an Input or attempt to generate in an Output any content that (i) expresses or promotes hate, harassment, or violence, (ii) includes information that is illegal, sexual, political, harmful, false, fraudulent, or misleading, (iii) misuses data, or (iv) contains malware, ransomware, viruses, or other harmful software or content; (e) automatically or programmatically extract data or Outputs; or (f) access APS AI for purposes of developing a competing product or service. You agree to indemnify, defend, and hold harmless APS from any claims, losses, or liabilities arising from your violation of this Section 3 or your misuse of APS AI.
4. Limitations
Without limiting Section 4(c) of the Subscription Agreement (“No Advice or Endorsement”), you understand and agree that the APS AI Assistant does not provide, is not intended to provide, and should not be used for, professional advice of any kind, including (without limitation) legal, tax, HR, or medical advice. Outputs may not be used as the sole basis for employment, credit, housing, or other legally regulated decisions.
5. Fees and Usage Terms
APS reserves the right to charge Service Fees and set terms for use of the APS AI. Any such fees and usage terms will be communicated to you in advance and may be subject to change with reasonable notice.
6. Privacy
Where we process personally identifiable information in the provision of AI services for you, you acknowledge that APS is acting on your behalf and you determine the means and purposes of the processing. If you are subject to applicable US state data privacy laws and you are a (i) a “business” and we process “personal information” (as those terms are defined by the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020) on your behalf, or (ii) a “controller” and we process “personal data” (as those or similar terms are defined by applicable US state data privacy laws) on your behalf; we will use or process your personal data in accordance with our Subscription Agreement referenced earlier, which are incorporated herein by reference. APS will also comply with other applicable US state data privacy laws, including those enacted in Virginia, Colorado, Utah, Connecticut, and Texas. Customers may exercise applicable data subject rights by contacting APS as set forth in our Privacy Policy.
7. Modification
APS reserves the right to change, modify, update, or discontinue the APS AI at any time without notice. APS may also update these AI Terms at any time by posting on our website. Your continued use of the APS AI following APS’s communication of the modified AI Terms shall constitute User’s acceptance of the modifications.
8. Termination
APS reserves the right to suspend or terminate your access to the APS AI without notice if we believe that you have or are likely to violate applicable law or the APS Agreements, or if your use of APS AI could cause harm to APS, our users, or any third party.
9. Warranty Disclaimer
Without limiting Section 4 of the Subscription Agreement (“Disclaimers”), you understand and agree as follows: APS AI IS PROVIDED “AS IS” AND WITHOUT ANY WARRANTY WHATSOEVER. APS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS, IMPLIED OR STATUTORY INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR ACCURACY OR COMPLETENESS OF RESULTS, OR LACK OF NEGLIGENCE OR LACK OF WORKMANLIKE EFFORT. APS DOES NOT WARRANT THAT THE APS AI WILL BE UNINTERRUPTED, ACCURATE, OR ERROR FREE. YOU AGREE THAT YOUR USE OF OUTPUTS IS AT YOUR OWN RISK AND YOU AGREE NOT TO RELY ON AN OUTPUT AS YOUR SINGLE SOURCE OF TRUTH, OR AS A SUBSTITUTE FOR QUALIFIED PROFESSIONAL ADVICE. NO APS AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS TO THIS WARRANTY DISCLAIMER. For avoidance of doubt, all Outputs are machine-generated and not guaranteed to reflect APS’s official views or advice.