This AI Addendum supplements the GrowthLoop Terms of Service (the “Agreement”) executed between GrowthLoop and Client, and applies specifically to the use, integration, and deployment of artificial intelligence (“AI”) tools by GrowthLoop under the Agreement. Capitalized terms not defined herein shall have the meanings set forth in the Agreement.
As used herein, the term “AI Technologies” means GrowthLoop Technology (as defined in the Agreement) that incorporates, enables, or is used in connection with AI, including but not limited to machine learning (“ML”), generative AI, large language models (“LLMs”), and other algorithmic systems capable of performing tasks that typically require human intelligence (e.g., decision-making, prediction, content generation, language processing, etc. — collectively, “AI Models”). For clarity, GrowthLoop Technology that merely interfaces with third-party AI Technologies without embedding or utilizing such capabilities directly (including Client’s data) shall not be deemed “AI Technologies” under this definition.
1. DOCUMENTATION: GrowthLoop shall in good faith and upon Client’s written request provide documentation designed to enable Client to assess material impacts on legal, ethical, operational, privacy, and security obligations associated with AI Technologies, provided, however, that such documentation shall not require disclosure of GrowthLoop’s trade secrets, source code, or proprietary algorithms. Such documentation may include:
(a) a description of the AI Technologies, including their functionality, intended purpose, and integration approach;
(b) information, demonstrations, and evidence supporting the accuracy, fairness, and compliance of the AI Technologies;
(c) a summary of the training methodology, learning models, and algorithms used by the AI Technologies, to the extent reasonably necessary to assess compliance, performance, and risk, including the explanation of the mechanisms available within the AI Technologies to ensure explainability and human oversight; and
(d) information sufficient to enable Client to assess potential impacts on privacy, data security, system architecture, intellectual property rights, and compliance with applicable laws.
2. OBLIGATIONS: In each case solely to the extent applicable to GrowthLoop in connection with performance of its obligations under the Agreement, GrowthLoop commits to the following:
(a) it has obtained rights necessary to make available the AI Technologies to Client, at all times subject to Client’s compliance with the Agreement and applicable terms of all third party licensors;
(b) it has compliance processes and audit procedures designed for Client’s evaluation of the AI Technologies; and
(c) it shall implement governance and decisioning guardrails and capabilities designed for identifying, monitoring, and mitigating discriminatory effects associated with its AI Technologies.
3. USE OF CLIENT DATA: Client hereby grants GrowthLoop the right to use and process all Client data provided by or on behalf of Client with such AI Technologies. GrowthLoop makes no representations or warranties, express or implied, regarding the originality, accuracy, legality, or non-infringement of Client data and Client Outputs. Client is solely responsible and liable for, and must use discretion before relying on, all such Client data and Client Outputs, including, without limitation, reviewing, approving, publishing, and using such Client data and Client Outputs. This AI Addendum is subject to the limitations of liability set forth in the Agreement.
4. THIRD PARTY OFFERINGS. Client may be able to access and interact with third party offerings, software libraries, APIs, and content through the AI Technologies. GrowthLoop does not operate, control, or endorse any such third party offerings, and is not responsible or liable for such third party offerings. Client is responsible and liable for all use of and reliance on such third party offerings and for complying with their applicable terms, including, without limitation, (i) Client’s compliance with requirements regarding the use and disclosures of Client Outputs and manipulated media with third party offering to ensure transparency for users; and (ii) reviewing all Client Outputs to ensure they are accurate and not misleading before publishing and using.
5. LIMITATIONS: Client acknowledges that (i) Client Outputs from such AI Technologies may be similar or identical to outputs provided to other third-party users and/or contain errors, offensive content, misstatements, hallucinations, and/or may be incomplete; (ii) AI Technologies may include AI agents that perform tasks on Client’s behalf, and Client is solely responsible for configuring these AI agents; authorizing their access to data, applications, and systems; supervising the agents; and for all actions they perform; and (iii) Client may not rely on the AI Technologies for medical, legal, financial, or other professional advice, and any content regarding those topics is provided for informational purposes only and is not a substitute for advice from a qualified professional.
6. SECURITY AND DATA PROTECTION: GrowthLoop shall implement security measures designed to protect the AI Technologies and support applicable privacy and data protection obligations. AI-related Client data processing is subject to GrowthLoop's security, privacy, and data governance controls, including applicable contractual commitments, data processing requirements, security monitoring, encryption, access controls, logging, incident response, and vendor review processes. All personal data processed by AI Technologies remains subject to the terms of the Data Processing Addendum entered into between the parties.
