Annex 3

AI Terms of Service Addendum

This Addendum supplements the Terms of Service concerning the use of the Company’s AI Services (“Frigade AI”). Where terms in this Addendum conflict with the Terms of Service, this Addendum shall govern with respect to the Company’s AI Services. All capitalized terms not defined herein shall have the meaning ascribed to them in the Terms of Service or the Frigade Privacy Policy. We reserve the right to update these terms from time to time.

The Company’s AI Services - Frigade AI

We provide AI-powered assistance that effortlessly guides and onboards end users through your product – boosting retention, driving customer success and allowing you to monitor end users’ journey and web experience. We continue to develop additional products and features to enhance our technology, services and end-user experience.  As the Company’s AI Services are continually evolving, the definition of the “Company’s AI Services” as used in these AI Terms of Use evolves and shall be determined by the Company. 

Definitions

• “Raw Data”:  Data provided directly by the Customer or the User, or collected by the Company from the Customer’s designated environment (including but not limited to, crawled application data, uploaded documents, User prompts, User interactions) in its original form, before processing or aggregation by the Company.

• “Derived Data”: Data created by the Company through the analysis or processing of Raw Data or Aggregated Data, including but not limited to insights, analytics, metrics, and improvements to the Company’s systems. Derived Data does not typically identify the source Customer or individual End Users.

• “Input Data”: Raw Data provided by the Customer or the End Users to the Company, including prompts, queries, uploaded documents, and data accessed via application access authorized by the Customer.

• “AI Output”: Any suggestions, text, guides, analysis, code, or other content generated by the Company based on Input Data or its training.

License and Data Rights

Customer Data: Customer retains ownership of its Input Data (Raw Data). Customer grants Frigade a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to access, use, process, copy, distribute, perform, export, and display Input Data solely as necessary to: (a) provide, maintain, and improve our Services; (b) perform AI Model Training as described in the Privacy Policy Addendum; (c) prevent or address service, security, or technical issues; (d) comply with law or legal process; (e) refine its products and technology offered to Customer and User, and (e) as expressly permitted in writing by Customer. This includes using user interactions with our AI features to improve response accuracy and relevance for your specific implementation and for our Services generally.

Company Data: As discussed in the Privacy Policy and the Terms of Service, the Company owns all right, title, and interest in and to the AI Services, the underlying AI models created by the Company, Aggregated Data, and Derived Data (including any insights or analytics generated from Input Data). Subject to the limited rights expressly granted to you under this Agreement and the Privacy Policy, the Company reserves all rights, title and interest in and to the Services, the Company data and Aggregated Data, including, without limitation, all related intellectual property rights. 

Application Crawling: Customer grants Frigade the right to crawl Customer applications and websites as configured within the Services, acknowledging that this is essential for the functionality of Frigade AI. Customer represents and warrants it has the necessary rights to grant this access.

Use of AI Services

Appropriate Use: Customer and User agree not to use the AI Services for any illegal or prohibited purpose, including generating harmful, infringing, or unlawful content. Customer is responsible for its End Users’ compliance with these terms. For more information on prohibited uses of our Services, please review our Terms of Services.

No Reverse Engineering: Customer and User agree not to (and not to permit any third party to) reverse engineer, decompile, or otherwise attempt to discover the source code or underlying algorithms of the Company, nor use AI Output to train a competing AI model.

Technology Partners

Our services rely on technology provided by third-party providers including but not limited to Amazon Web Services, Inc., Anthropic, PBC, OpenAI, LLC, and Google LLC (together, “Technology Partners”). By using our Services, you acknowledge and consent to our use of these Technology Partners for AI functionality. You acknowledge that any Input Data you provide, including any personal data you choose to include within that Input Data, will be shared with Technology Partners we engage to enable functionality within the Service.

Disclaimers Regarding AI Output

IN ADDITION TO THE DISCLAIMER/NO WARRANTIES SET FORTH IN THE TERMS OF SERVICE ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING ARE RAPIDLY EVOLVING FIELDS. FRIGADE MAKES NO WARRANTIES OR REPRESENTATIONS REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR APPROPRIATENESS OF AI OUTPUT. AI OUTPUT IS GENERATED ALGORITHMICALLY AND MAY CONTAIN INACCURACIES, ERRORS, BIASES, OR OMISSIONS. AI OUTPUT IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. CUSTOMER AND USER ACKNOWLEDGES THAT AI OUTPUT IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE SOLELY RELIED UPON FOR MAKING DECISIONS. CUSTOMER IS SOLELY RESPONSIBLE FOR REVIEWING, EVALUATING, AND VERIFYING THE ACCURACY AND SUITABILITY OF ANY AI OUTPUT BEFORE USING OR RELYING ON IT. FRIGADE DISCLAIMS ANY LIABILITY ARISING FROM CUSTOMER'S OR ITS END USERS’ OR ANY USERS’ USE OF OR RELIANCE ON AI OUTPUT.

Limitation of Liability

IN ADDITION TO THE LIMITATIONS SET FORTH IN THE TERMS OF SERVICE, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE) ARISING OUT OF OR RELATED TO CUSTOMER'S USE OF, INABILITY TO USE, OR RELIANCE UPON FRIGADE AI OR ANY AI OUTPUT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE TOTAL AGGREGATE LIABILITY OF THE COMPANY FOR ALL CLAIMS RELATED TO FRIGADE AI SHALL BE SUBJECT TO THE LIMITS SPECIFIED IN THE MAIN TERMS OF SERVICE.

Indemnification

In addition to the indemnification obligations in the Terms of Service, Customer and User agrees to indemnify, defend, and hold harmless the Company from and against any third-party claims, liabilities, damages, losses, and expenses (including reasonable attorney's fees) arising out of or in connection with: (a) Customer's or its End User’s Input Data, including any claim that Input Data infringes or violates the rights of a third party or applicable law; (b) Customer's use or reliance on AI Output in violation of this Addendum or applicable law; or (c) Customer's breach of this Addendum.