Command AI AI Addendum

Effective date: March 11th, 2024

This AI Addendum (“Addendum”) describes the specific terms that apply to Command AI’s AI products and features (the “AI Products”). By using the AI Products, Customer agrees that this Addendum governs its use of the AI Products. This Addendum is incorporated into and forms part of the Agreement between Foobar, Inc., d/b/a Command AI (“Company”) and Customer.

Any capitalized terms not defined herein have the meaning given to them in the Terms of Use or the applicable Order Form (collectively together with this Addendum, the “Agreement”). If there is a conflict between this Addendum and the Terms of Use, this Addendum shall govern. If there is a conflict between this Addendum and any applicable Order Form, such Order Form shall govern. A violation of this Addendum is a violation of the Agreement.

1. 1. AI Products. As part of Customer’s access to and use of the Services, Customer has elected to also access and use the AI Products, which are incorporated into the definition of “Services” in the Terms of Use. For clarity, in addition to this Addendum, all terms of the Agreement shall also apply to Customer’s access to and use of the AI Products in the same manner as Customer’s access to and use of all other parts of the Services. The AI Products are powered by large language models (LLM) provided by third-party AI companies (“Third-Party LLM Providers”) and/or Company’s proprietary machine learning. Company reserves the right to update the following list of the AI Products from time to time without the need to notify Customer.

1.1 Copilot: Copilot is an AI-powered technology that facilitates user assistance via natural language interactions with the Command AI platform.

2. 2. Processing by Third-Party LLM Providers. When using the AI Products that are powered by an LLM provided by a Third-Party LLM Provider, such Third-Party LLM Provider acts as a subprocessor of Personal Information submitted to the AI Products, including Personal Information that may be contained in Inputs (as defined below) or other Customer Content. All Personal Information processing activities will be governed by Company’s Data Processing Addendum.

3. 3. Inputs and Outputs. The AI Products permit Customer and End Users to provide prompts, scripts, queries or other input (collectively, “Inputs”) to the AI Products in order to receive outputs generated and returned by the AI Products based on such Inputs (“Outputs”). As between the parties, and to the extent permitted by applicable law, Customer owns all Inputs and Outputs, and Inputs and Outputs are incorporated into the definition of “Customer Content” in the Agreement. As between the parties, Customer is responsible for all Inputs and Outputs, including for ensuring that they do not violate this Agreement or applicable law. Notwithstanding the foregoing, third parties may submit information or materials that generate results that are identical or similar to Outputs (“Third-Party Results”), and Customer acknowledges it has no right, title or interest in or to any Third-Party Results.

4. 4. Rights to Use. Customer permits Company and any applicable Third-Party LLM Provider to use Inputs, Outputs and other Customer Content submitted to the AI Products as necessary to provide the AI Products, to comply with applicable law and to enforce its respective policies. Notwithstanding the foregoing, Company contractually restricts Third-Party LLM Providers from using Customer Content from training or otherwise improving Third-Party LLM Provider’s services for general use.

5. 5. Customer Responsibilities. Customer is solely responsible for displaying and/or obtaining appropriate consents, warnings, disclaimers, and acknowledgments to End Users of Customer’s implementation of the AI Products.

6. 6. Restrictions on Use. In addition to any general obligations and restrictions pertaining to Customer’s use of the Services under the Agreement, Customer represents and warrants that:

   6.1 Customer’s use of the AI Products will not breach or violate any third-party terms, policies or other agreements, including OpenAI’s Service Terms, Sharing & Publication Policy and Usage Policies, nor will Customer use the AI Products for an illegal purpose or to generate content for dissemination in electoral campaigns or content that encourages violence, terrorism or other serious harm;

6.2 Customer agrees not to state or suggest that Outputs were human-generated;

6.3 Customer will only provide, and/or instruct to be used, help center content from publicly accessible website(s) or other sources where its use (including data extraction) is explicitly permitted and/or where Customer is authorized to do so;

6.4 Customer will not, nor permit others, to: (a) use the AI Products to develop any models that compete with Company or any Third-Party LLM Provider, or (b) use any method to extract data, or infer information, from the AI Products or otherwise attempt to discover underlying components of the AI Products (e.g., models, algorithms, systems) (except to the extent such restrictions are contrary to applicable law); and

7. 7. Infringement by Outputs. Due to the nature of the AI Products, Company does not represent or warrant that (a) any Output does not incorporate or reflect third-party content or materials or (b) any Output will not infringe third-party intellectual property rights.

8. 8. Disclaimer. Outputs are generated through machine learning processes and are not tested, verified, endorsed or guaranteed to be accurate, complete or current by Company. Customer and End Users should independently review and verify all Outputs as to appropriateness for any or all use cases or applications. The warranty disclaimers and limitations of liability in the Terms of Use for the Services apply to the AI Products. Company does not provide any indemnities with respect to Outputs.

9. 9. Usage Limits; Availability. Company may monitor, limit or suspend Customer’s usage of the AI Products if Company believes Customer’s usage may bypass or circumvent any rate limits, negatively affect the security, operability or integrity of any Services, violate the Agreement, or otherwise impose liability on Company. Company does not provide any service level agreement for the AI Products.