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AI Addendum
AI Operator Addendum
HiveWatch provides AI Operator Services (defined below) subject to this AI Operator Addendum (the “Addendum”), which are in addition to and supplement the Software as a Services Agreement, or other similar written agreement between the parties for the use of the Services (the “Agreement”). This Addendum is subject in all respects to the terms of the Agreement. In the event of any conflict between this Addendum and the Agreement, this Addendum shall control. Capitalized terms not elsewhere defined in this Addendum will have the meaning ascribed to them in the Agreement.
1. Definitions.
“AI Operator Services” means functionality via the HiveWatch SaaS platform that utilizes a foundational AI model (the “AI Model”) and HiveWatch prompts to the AI Model (the “Prompts”) to analyze certain Customer Data (the “Inputs”) and initiate a response within the HiveWatch platform pursuant to specified operating procedures (the “Outputs”). An AI Model provided by Anthropic or Google (the “AI Model Provider”) will be used for the AI Operator Services.
2. Ownership and Use.
2.1 All Inputs and Outputs shall be Customer Data.
2.2 Prompts shall be Provider Materials.
2.3 To the extent the AI Model Provider processes Customer Data, the following terms shall apply:
a) Customer permits the AI Model Provider to use the Inputs, Outputs, and other Customer Data submitted to the AI Model as necessary to provide and maintain the AI Operator Services, comply with applicable laws, and enforce its policies.
b) Where Inputs and Outputs are submitted to the AI Model, those Inputs and Outputs may be temporarily retained by the AI Model Provider as part of the operation of their service. However, HiveWatch will contractually restrict the AI Model Provider from using Inputs and Outputs for: (i) training; (ii) otherwise improving its large language models or other services; and/or, (iii) general use beyond the use required to provide and maintain the AI Operator Services or as otherwise set out in this Addendum.
c) The AI Model Provider shall act as a Sub-processor of Customer Data submitted to the AI Model, including Personal Data that may be contained in Inputs or other Customer Data. All processing of Customer Data will be governed by the DPA in place between HiveWatch and Customer. In this Addendum, “Sub-processor” and “Personal Data” shall have the meanings given to them in the DPA.
2.4 Customer’s use of the AI Operator Services may be limited to the countries or regions currently supported by the applicable AI Operator Provider, as may be updated from time to time, as specified at https://www.anthropic.com/supported-countries or https://ai.google.dev/gemini-api/docs/available-regions.
3. Responsibility for Inputs and Outputs.
3.1 Customer acknowledges that the Outputs depend on the quality of the Inputs, statistical analysis, the functionality of the AI Model, and other variables. Customer acknowledges that the Outputs or results from use of the AI Operator Services may be inaccurate, incomplete, unexpected, or unfaithful to the Inputs or Prompts, or otherwise may contain unknown biases.
3.2 Customer is solely responsible for: (i) the accuracy and quality of any Inputs; (ii) verifying and validating the accuracy of any Outputs and whether Outputs are appropriate for Customer’s use case; (iii) evaluating whether human review is appropriate before using or sharing Outputs; and, (iv) any decision, action, or omitted action based on any Inputs or Outputs.
3.3 Customer acknowledges and agrees that AI Operator Services may produce Outputs that could inadvertently infringe upon third party intellectual property rights. Customer is solely responsible for ensuring that its use of the Outputs complies with all applicable intellectual property laws and regulations. As such, HiveWatch’s obligations in Section 12.1 of the Agreement do not apply to the extent that the alleged infringement arises from Customer’s use of the AI Operator Services.
4. Termination and Suspension.
4.1 If HiveWatch breaches this Addendum or the Agreement in connection with the provision of the AI Operator Services, Customer’s termination right in connection with such breach is limited to termination of this Addendum and any AI Operator Services. To the extent Customer is eligible for any credits in connection with provision of the AI Operator Services pursuant to the service level policy in effect, such credits shall be limited to the AI Operator Services and such credits shall be net of any cloud fees or fees from the AI Model Provider in connection with such services.
4.2 HiveWatch may terminate or suspend this Addendum immediately upon notice to Customer if HiveWatch reasonably believes or determines that HiveWatch’s provision of the AI Operator Services is prohibited by applicable law, the AI Model Provider has suspended or terminated provision of the AI Model to HiveWatch, or the AI Model Provider materially modifies the terms applicable to the use of the AI Model in connection with the AI Operator Services.
5. Warranties and Limitation of Liability.
5.1 EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR IN SECTION 11.1 OF THE AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED UNDER LAW (A) THE AI OPERATOR SERVICES AND OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND; AND (B) HIVEWATCH MAKES NO WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIRD-PARTY PRODUCTS OR SERVICES IN CONNECTION WITH THE AI OPERATOR SERVICES, INCLUDING THE AI MODEL. HIVEWATCH EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, AS WELL AS ANY IMPLIED WARRANTY ARISING FROM STATUTE, COURSE OF DEALING OR PERFORMANCE, OR TRADE USE. HIVEWATCH DOES NOT WARRANT, AND DISCLAIMS THAT, THE AI OPERATOR SERVICES OR OUTPUTS ARE ACCURATE, COMPLETE OR ERROR-FREE OR THAT THEIR USE WILL BE UNINTERRUPTED.
5.2 THE FOLLOWING APPLIES IN ADDITION TO THE TERMS AND CONDITIONS OF THE AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY APPLICABLE LIMITATIONS OF LIABILITY: (I) CUSTOMER AGREES THAT ABSENT GROSS NEGLIGENCE OR WILLFUL MISCONDUCT BY HIVEWATCH, HIVEWATCH AND ITS SUB-PROCESSORS WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE SUSTAINED BY CUSTOMER OR ANY END USERS DUE TO ANY FAILURE IN OR BREAKDOWN OF THE AI MODEL ASSOCIATED WITH PROVIDING THE AI OPERATOR SERVICES, OR FOR ANY DELAY, INTERRUPTION OR DEGRADATION OF THE SERVICES WHATSOEVER; AND (II) IN NO EVENT WILL HIVEWATCH’S AGGREGATE LIABILITY TO CUSTOMER FOR ANY LOSS ARISING OUT OF THE AI OPERATOR SERVICES PROVIDED PURSUANT TO THIS ADDENDUM OR ANY ERRORS, INTERRUPTIONS, DEFECTS, FAILURES OR MALFUNCTIONS OF THE AI OPERATOR SERVICES PROVIDED PURSUANT TO THIS ADDENDUM, INCLUDING, WITHOUT LIMITATION, ANY AND ALL EQUIPMENT AND DATA PROCESSING SYSTEMS ASSOCIATED THEREWITH, EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER HEREUNDER FOR THE AI OPERATOR SERVICES GIVING RISE TO THE LIABILITY DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE PARTIES WAIVE ANY CLAIM THAT THESE EXCLUSIONS OR LIMITATIONS DEPRIVE IT OF AN ADEQUATE REMEDY OR CAUSE THE AGREEMENT AND/OR THIS ADDENDUM TO FAIL OF ITS ESSENTIAL PURPOSE.