AI Terms Exhibit

Last updated on December 10, 2024

This AI Terms Exhibit (“AI Terms”) is incorporated into and made a part of the Appspace End User Agreement (or similar document giving the Customer the right to use and access the Subscription Services) entered into by and between Appspace and Customer (the “Agreement”). All capitalized terms that are used but not defined in these AI Terms shall have the respective meanings given to them in the Agreement. In the event of a conflict between these AI Terms and the Agreement, these AI Terms will control.

1. AI FEATURES

These AI Terms shall govern Customer’s use of certain features within the Subscription Services that are provided using artificial intelligence (“AI Features”). The results generated from the AI Features are called the “Output” for the purposes of these AI Terms. Customer acknowledges that the AI Features are provided through third-party providers. Appspace’s third party providers on the date of these AI Terms are Microsoft, Inc. and Google, LLC, however, Appspace does not commit to the use of any specific third-party providers going forward, and Appspace reserves the right to add or remove third-party providers in its sole discretion. To the extent any third-party provider requires Appspace to pass-through or flow down any terms and conditions to End Users, such additional terms and conditions will be provided to Customer at www.appspace.com/legal.

Customer further acknowledges that Laws around the use of artificial intelligence are rapidly changing. In the event any changes in Law results in Appspace’s inability to offer the AI Features, Appspace reserves the right, in its sole discretion, to limit Customer’s use of the AI Features in any way Appspace believes will allow it to comply with all Laws, including reduction in features and functionality, or limiting the use of the AI Features in certain geographical locations.

Customer represents and warrants to Appspace that it will us the AI Features in accordance with all Laws.

Appspace represents and warrants to Customer that it will comply with all Laws in providing the AI Features, including but not limited to the EU AI Act Chapter II, Art 5.

2. OUTPUT Customer acknowledges that the AI Features consist of emerging and evolving technologies, and as a result, the Output may contain results that are incorrect, biased, inaccurate. Customer shall be solely responsible for reviewing and evaluating the Output, and shall use the Output at its sole discretion and risk.

Customer acknowledges that the Output may not be unique, and the AI Features may generate similar or the same content for other Appspace customers. The Output may not be legally protectable under intellectual property laws in all jurisdictions. Customer’s license and/or ownership rights in the Output, including any Appspace intellectual property included therein, shall be subject to Customer’s ownership and license rights in the Subscription Services as described in the Agreement.

Appspace’s indemnification obligations in Section 10.2 of the Agreement shall apply to the AI Features, but not to the Output.

3. ACCEPTABLE USE In addition to Customer’s compliance with Appspace’s Acceptable Use Policy, Customer will use AI Features in accordance with the applicable Documentation, and will not use any AI Features or Output to:

Promote or facilitate illegal activities or unlawful actions;
Facilitate fraudulent actions;
Generate content that expresses or promotes hate, harassment, or violence, exploits or harms children, encourages self-harm, presents illegal, sexual, political, harmful, false, deceiving or misleading information, misuses personal data;
Generate sexually explicit content;
Distribute any ransomware, viruses, malware or spam;
Generate any content that infringes, misappropriates or violates any third party rights; or;
Reverse engineer, disassemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the AI Features (except to the extent such restrictions are contrary the Law);
Falsely impersonate an individual or mislead any individual that such content is human-generated.
Falsely impersonate an individual or mislead any individual that such content is human-generated.
Develop, train, or improve other artificial intelligence services or artificial intelligence models
Use web scraping, web harvesting, or web data extraction methods to extract data from the AI Features or Output

4. WARRANTY DISCLAIMER

IN ADDITION TO ANY DISCLAIMERS SET FORTH IN THE AGREEMENT, THE AI FEATURES AND OUTPUT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. APPSPACE AND ITS THIRD-PARTY PROVIDERS, MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE AI FEATURES, OR THE INFORMATION, TEXT, AND CONTENT INCLUDED IN THE OUTPUT, OR THE USE OF THE OUTPUT, INCLUDING WITHOUT LIMITATION, ACCURACY OF THE RESULTS, AVAILABILITY, SUITABILITY, RELIABILITY, OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE AI FEATURES. APPSPACE OR ITS THIRD-PARTY PROVIDERS WILL HAVE NO LIABILITY OR RESPONSIBILITY ARISING IN ANY WAY FROM THE USE OF THE AI FEATURES OR ANY ERRORS OR OMISSIONS CONTAINED IN THE OUTPUT, AND THE OUTPUT DOES NOT REPRESENT APPSPACE’S VIEWS.

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