Docker Gordon Supplemental Terms

Last updated January 29, 2025

By using Docker Gordon (“Gordon”), you (‘You” or “Customer”) agree to these Docker Gordon Supplemental Terms, the Docker Subscription Service Agreement, including the Docker Privacy Policy and the  Docker Data Processing Agreement (collectively, the “Agreement”), all of which govern Your use of Gordon.  Capitalized terms not defined here have their respective meanings given in the Docker Subscription Service Agreement. Solely with regard to Gordon, these Supplemental Terms supersede the terms of any other license or agreement between You and Docker for other products and services provided to You by Docker. By accessing and/or using Gordon You acknowledge that these Supplemental Terms take precedence over any conflicting terms from any other licenses or agreements between You and Docker. Docker reserves the right to modify these Supplemental Terms from time to time.

1. Input and Output
1.1 As an artificial intelligence (“AI”) product, Gordon generates textual or other content (“Output”) in response to textual or other content You provide to Gordon (“Input”). Input and Output are Customer Data under the Agreement. Docker may not use Input or Output to train its LLMs.
1.2 Docker Disclaimers. Output is generated by AI, including by using technology provided by third-parties including but not limited to kapa.ai, OpenAI, and GitHub (collectively “Third-Party Products”). Docker makes no warranty as to the accuracy, completeness or reliability of Output or that Output does not violate third-party rights or laws. Due to the nature of the AI offerings, (i) Output may not be unique or exclusive to Customer and its Users, (ii) the same or similar Input may yield differing Output, and (iii) Output does not represent Docker’s or its subcontractors’ views.

2. Customer Responsibilities and Restrictions.
2.1 You are responsible for the use of Output, including determining whether Output is appropriate for Your intended use. You are responsible for its use of Agent Actions (as defined below), including determining whether any operations performed by Agent Actions are appropriate for that use.
2.2 You must not use Agent Actions in a manner that either violates third-party rights or applicable law or is intended, or would reasonably be expected, to do so.
2.3 You must not and must not permit anyone else to: (i) provide Input that either violates third-party rights or Law or is intended, or would reasonably be expected, to generate Output that do so; (ii) provide Inputs that includes Personal Data of children under 13 or any age of digital consent under applicable law; (iii) use Output in a manner that You know, or reasonably should know, violates third-party rights or applicable law; (iv) use the Output in any manner that is likely to lead to physical harm if the Output is inaccurate or inappropriate; or (v) represent that Output is human generated or approved or endorsed by Docker or its subcontractors.

3. Gordon Interoperability with the Docker Suite of Products and Third-Party Products
3.1 Gordon includes features designed to connect and interoperate with certain other Docker products and Third-Party Products. Docker does not make any warranties about current or future interoperability with any specific Third-Party Products. When connecting Gordon to a Third-Party Product, You may instruct Gordon to send Customer Data and other data to that Third-Party Product. The Third-Party Product provider will process that data according to its terms and, when You instruct it, will send data back to Gordon.  Data sent to Gordon may continue to be subject to the Third-Party Product’s terms and is subject to the Agreement. Agent actions are features of Gordon whereby You may direct Gordon to take certain actions on Your behalf (“Agent Actions”).  Agent Actions are not Output. Agent Actions may be provided by third parties as Third-Party Products.

4. Disclaimers. GORDON IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTY, CONDITION, OR INDEMNITY OF ANY KIND. You ACKNOWLEDGE THAT OUTPUT AND AGENT ACTIONS ARE GENERATED BY MACHINE LEARNING CAPABILITIES AND FUNCTIONALITY, AND DOCKER MAKES NO WARRANTY OR GUARANTEE AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF THE OUTPUT OR AGENT ACTIONS. If the disclaimers in this Section or Section 2.1 are unenforceable under applicable law, You must not use Gordon, and Docker may terminate Your access to Gordon.

5. Intellectual Property. You represent and warrant that You have all rights and permissions to provide Input to Gordon. You retain all title, rights, and interest in the Input and Output to the extent permitted under applicable laws. Notwithstanding the foregoing, all rights, title, and interest in and to all intellectual property rights in Gordon are, as between You and Docker, retained by Docker to the extent permitted under applicable laws.