These terms ("AI Terms") apply to the use of AI Offerings for or on Client's behalf. Capitalized terms herein have the same meanings as the identical capitalized terms in the Terms. Client's use of the AI Offerings is subject to Client's binding assent and agreement to these AI Terms, and use of the AI Offerings signifies agreement thereto.

1.     Defined Terms.

"AI Offerings": features or products as part of the SaaS Solution that are enabled by artificial intelligence, machine learning, computer vision, or similar technologies. For clarity, the term "SaaS Solution" includes AI Offerings.

"AI Vendor Data Policy": the data processing, retention, and usage policies applicable to each AI Vendor (as defined below) as identified by Service Provider, which govern the processing of Prompts and Output by or on behalf of such AI Vendor. In the event of a conflict between an AI Vendor Data Policy and these AI Terms or the Terms, these AI Terms and the Terms will prevail.

"Output": Content and/or Service Deliverables generated by or that result from Prompts pursuant to the use of AI Offerings.

"Prompts": Client Content intended to generate Output from AI Offerings.

2.     Access to AI Offerings. Service Provider may on one or more occasions offer to Client the use of AI Offerings. Client's use of AI Offerings is entirely optional and voluntary. Client warrants that the person opting-in to use AI Offerings has full authority to do so on behalf of the Client and takes full responsibility for the use of AI Offerings enabled thereby.

3.     IP Rights. Client retains whatever intellectual property rights arise from Prompts and Output, and nothing in these Terms assigns or transfers ownership of such rights to Service Provider. Service Provider makes no warranty as to whether Output are copyrightable Content, or otherwise protected under applicable intellectual property law, or are non-infringing of third-party rights. For clarity, Output is licensed to Client as a Service Deliverable with respect to any Content that qualifies as Service Deliverable(s). Client may reproduce, distribute, and publicly display Output as incorporated in Client Content for Client’s external business purposes, including distribution to Client’s customers and end users.

4.     Providers. AI Offerings may utilize Other Applications in the form of solutions of third-party vendors ("AI Vendors") including those listed below. For clarity, the term "Other Applications" includes such solutions. Client's use thereof is subject to the terms of use or service and policies imposed by the AI Vendors of such solutions. Client hereby acknowledges and agrees to such terms and policies (including their warnings and disclaimers and the applicable AI Vendor Data Policy), as may be amended on one or more occasions, and agrees that Service Provider is an intended third-party beneficiary thereof. Client bears sole risk and responsibility for Client's choice and use of AI Vendors and their models. Service Provider's current list of AI Vendors is available at anaphora.tech/ai-vendors. Service Provider will provide Client with reasonable notice of any addition of or material change to an AI Vendor. Service Provider will access AI Vendor services through enterprise, API-tier, or similar accounts and will maintain data processing agreements with each AI Vendor. Client is solely responsible for compliance with applicable personal data laws with respect to any personal data contained in Output.

5.     Personal Data. To the extent Prompts and/or Output contain personally identifying data or information, such personal data is processed in accordance with the DPA, and with respect to such personal data, the AI Vendors listed above are Service Provider sub-processors, and Client consents to such sub-processing subject to Service Provider.

6.     Disclaimers. Client acknowledges and agrees that (a) Service Provider advises against using, and Service Provider disclaims any responsibility for, Prompts based on or containing confidential, proprietary, sensitive, or special category data (as defined under applicable data protection law); (b) Output should be evaluated for accuracy, legality, and suitability for Client's specific use case, including by employing diligent and robust human review of the Output; (c) to the extent required by applicable law (including the EU AI Act), Service Provider will provide the technical capability to mark or watermark Output generated by AI Offerings, and Client will utilise such capability and will not remove or disable such measures; and (d) Output may be wrong, incomplete, misleading, inaccurate, hallucinatory, or may suffer from human irrationalities, biases or prejudices. Client assumes full risk arising from use of, and full responsibility for decisions based on, Output. Client is solely responsible for any personal data contained in Output and for ensuring that its use of such Output complies with applicable data protection law. Client agrees that Service Provider is not the responsible publisher of and disclaims any association with the expressive or communicative elements of Output.

7.     Data Usage. Service Provider will not use Prompts or Output to train, fine-tune, or otherwise improve AI models or AI Offerings, except to the extent such data has been anonymised or aggregated in accordance with section 2.6 of the Terms or as Client otherwise authorizes. Service Provider will select AI Vendor account tiers that, in accordance with the applicable AI Vendor Data Policy, appear to not permit the AI Vendor to use Prompts or Output for general model training. Service Provider cannot guarantee the accuracy of any AI Vendor Data Policy and assumes no liability for losses arising from AI Vendor Data Policy non-compliance.

8.     Transparency. Client is responsible for determining and complying with any downstream disclosure obligations applicable to Client’s use of Output, including obligations under applicable AI or consumer protection legislation to inform recipients that content has been artificially generated or manipulated.

9.     Changes to AI Offerings. Service Provider may modify or expand the AI Offerings from time to time. If a modification materially changes the risk classification of the AI Offerings under applicable AI legislation (including a reclassification to a higher-risk category under the EU AI Act), Service Provider will notify Client in advance and, if necessary, update these AI Terms accordingly.