Digital.ai AI/ML Supplemental Terms

THESE AI/ML SUPPLEMENTAL TERMS (“AI TERMS”) APPLY TO YOUR USE OF ANY AI SYSTEM OR AI FEATURE OR FUNCTIONALITY (“AI FEATURE”) MADE AVAILBLE TO YOU BY DIGITAL.AI SOFTWARE, INC. OR ANY OF ITS AFFILIATES (“DIGITAL.AI”). If you have a valid, signed agreement with Digital.ai GOVERNING THE USE OF DIGITAL.AI PRODUCTS, SERVICES, OR SOFTWARE then THESE AI TERMS SUPPLEMENT, AND TO THE EXTENT OF ANY CONFLICT, TAKE PRECEDENCE OVER ANY SUCH AGREEMENT AND otherwise, IF NO SUCH AGREEMENT IN PLACE, OVER the Master Subscription Agreement available at:

https://digital.ai/master-subscription-agreement

WHICH, OTHER THAN AS SUPERSEDED BY THESE AI TERMS, you hereby agree to be bound by and accept.

PLEASE READ ALL OF THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE INSTALLING, ACCESSING, OR USING THE AI FEATURE(S). BY INSTALLING, ACCESSING, OR USING THE AI FEATURE(S), YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THIS AGREEMENT AND, IF ACTING IN YOUR INVIDUAL CAPACITY AGREE TO BE BOUND BY THESE AI TERMS, OR, IF ACTING ON BEHALF OF A LEGAL ENTITY, THAT YOU HAVE THE AUTHORITY TO AGREE TO THESE AI TERMS ON BEHALF OF SUCH LEGAL ENTITY AND THAT YOU DO SO AGREE. “YOU” AND “YOUR” SHALL MEAN EITHER YOU AS INDIVIDUAL IF ACTING IN THAT CAPACITY OR SUCH LEGAL ENTITY IF YOU ARE ACTING ON ITS BEHALF.

Notices. You agree to receive electronically all communications, agreements, and notices that we provide in connection with the AI Feature(s) (“Communications”), including by e-mail, in-app notifications, or by posting them on the Digital.ai website. You agree that all Communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Updates. We may update these AI Terms from time to time. We will notify you of any material change to these terms via Communications. Your continued use of the AI Feature(s) following such notification will constitute your acceptance of the AI Terms as updated.

Content. You may provide input to the AI Feature(s) (“Input”), and receive output generated and returned by the AI Feature(s) based on the Input (“Output”). Input and Output are collectively “Content.” As between You and Digital.ai and to the extent permitted by applicable law, You own all Input. Subject to your compliance with these AI Terms, Digital.ai hereby grants You a non-exclusive, non-transferable, revocable, and non-sublicensable license to the Output, for the purposes of internal, non-public use of the AI Feature(s).

Input. You are solely responsible for your Input. You must not submit any Input that: (a) includes trademarks or other materials protected by third-party Intellectual Property Rights, unless you have sufficient rights in such materials to enable Digital.ai’s processing of such Input to provide the AI Feature(s) and other Digital.ai products, services and software; or (b) is intended to generate Output that is substantially similar to a third party’s copyrighted work or material otherwise protected by third-party Intellectual Property Rights. We may automatically block your Input, in our sole discretion, if we believe it violates the rights of a third party, applicable law, our Acceptable Use Policy (AUP), or any underlying agreement between you and Digital.ai (including these AI Terms).

Suitability of Output. Use of AI Feature(s) may produce Output that is unexpected or unsuitable. The Output may not be unique and other users of AI Feature(s) may generate the same or similar Output. DIGITAL.AI PROVIDES THE AI FEATURE(S) “AS-IS” AND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING IT AND THE OUTPUT, INCLUDING ANY IMPLIED WARRANTIES THAT THE OUTPUT WILL NOT VIOLATE THE RIGHTS OF A THIRD PARTY OR ANY APPLICABLE LAW. In addition, you must not, and agree that you will not, remove or alter any watermarks, notices, or metadata that may be generated with the Output, or otherwise attempt to mislead others about the origin of the Output or permit any AI Feature user to do so.

Additional Restrictions and Requirements. In addition to those requirements and restrictions otherwise described in the AUP or any underlying agreement between you and Digital.ai, You may not, and may not permit others to (i) use the AI Feature(s) or data or output therefrom to develop or improve models or tools that compete with any utilized by Digital.ai; (ii) except as permitted through an applicable Application Programming Interface (API), use any automated or programmatic method to extract data or output from the AI Feature(s), including via scraping, web harvesting, or web data extraction; (iii) represent that output from the AI Feature(s) was human-generated; (iv) provide any personal information or personal data (including any sensitive personal information) as may be defined in applicable data protection laws to Digital.ai in connection with your use of the AI Feature(s); or (v) use any of the AI Feature(s) in geographies not supported by Digital.ai or where such features are prohibited by law.

Service Level and Availability. Digital.ai reserves the right to throttle, limit, disable, suspend, or terminate your right to use or access the AI Feature(s) or associated features at any time in our sole discretion.

Digital.ai Use of Content. Digital.ai may use Content to provide and maintain the AI Feature(s) and other products, services and software, to develop, train, and improve other products, services, and software, to comply with applicable law, and to enforce our policies.