These AI terms, (“AI Terms”) apply between the Customer and us, as named in each Order Form in relation to the provision of all Services provided to the Customer that incorporate AI Products.
Unless otherwise defined otherwise in these AI Terms, all capitalised terms used in these AI Terms shall have the same meaning as defined in the Contract.
The parties agree as follows:
1. Definitions
“AI Product(s)” means any AI services ordered by a Customer and included in an Order Form.
"AI Functionality" means the artificial intelligence-powered features and capabilities integrated into the AI Products that use data analysis, pattern recognition, natural language processing, prediction and automated decision support to process Input to generate Output using AI models of both us and AI Providers as defined more specifically below for each AI Product:
Copywriting: Generates marketing and creative content using AI Models of AI Providers and our custom-trained Quen AI Model.
Semantic Search: Enables text and image search using embeddings and AI-based similarity matching.
AI Agents: Performs intelligent actions like workflow automation, task prioritization, and insights within the Services.
MCP-Based Agentic Work: Uses the Model Context Protocol (MCP) to let agents interact with data and systems securely within the Services.
“AI Providers” means the third party providers of AI Functionality listed in Appendix 1 of this AI Addendum.
“User” means any user or end user of the Customer who has access to the Services or uses the AI Functionality or AI Product.
"Input" means all data provided by the Customer and/or Users or us, as defined more specifically for each AI Product as set out below, and used by the AI Functionality to produce Output:
Copywriting: All Input - text prompts are provided by Customers and Users (which may include product data and brand guidelines) to create marketing and creative text using our AI model – Quen and the AI models of AI Providers.
Semantic Search: All Input is provided by Customers and Users (which includes search queries, metadata and optional image references) to create ranked results and matches using AI Models of AI Providers.
AI Agents: All Input is provided by Customers or Users (which includes workflow data, task details and user instructions, which may contain business or operational information to create suggestions, summaries or automated actions using AI models of AI Providers.
MCP-Based Agentic Work: All Input is provided by Customers or is generated within the Services to create contextual responses or workflow outcomes using AI models of AI Providers.
"Output" means all content or results generated by each AI Product, based on the Input.
“Content” means the Input and Output together.
2. AI Products
We provide the AI Products to the Customer subject to the provisions of these AI Terms, which apply in addition to the other terms of the Contract to use of the AI Products only. In the event of any conflict between the provisions of these AI Terms and the other terms of the Contract, the provisions of these AI Terms shall prevail in relation to the AI Products, only.
3. Input
The Customer (or its licensors) own Input provided by the Customer or Users, (“Customer Input”).
The Customer represents and warrants that it (or its licensors) have obtained all rights, licenses and consents required to permit Us to use Customer Input within the AI Products using the AI Functionality to create Output. The Customer is solely responsible for ensuring that all Customer Input provided to Us complies with all applicable laws.
The Customer grants Us a non-exclusive, worldwide, royalty free, right to permit Us and our AI Providers to use Customer Input within the AI Products using the AI Functionality for the purpose of generating Output.
We only permit AI Providers to access and use Input exclusively to create Output via the AI Functionality for the Customer.
Our AI model – Quen is trained using anonymized, non-personal business data and publicly available content.
4. AI Providers
By using the AI Products, the Customer acknowledges and agrees to our use of the AI Providers to provide the AI Products using the AI Functionality.
Where AI Products are developed using AI models or systems provided by AI Providers, the Customer acknowledges and understands that by using the AI Products it agrees that use of the AI Functionality is subject to each AI Provider’s own terms of service.
We only permit AI Providers to access and use Input exclusively to create Output via the AI Functionality for use by the Customer. Input from the Customer is not used by AI Providers for any other purposes. Input from Customer is not used by AI Providers for machine learning of the AI Functionality generally.
No AI Providers are sub-processors as they do not process personal data of Customer or Users in providing the AI Functionality.
5. Output
Due to the nature of machine learning, Output may not be unique across all of our customers and their users and the Customer acknowledges that the use of the AI Functionality within the AI Products may generate the same or similar Output for other customers and their users. Responses received by other customers or users of the AI Products are not the Customer’s Output.
We authorise the Customer to use Output for their business purposes, as deemed appropriate by the Customer, and in compliance with all applicable laws.
Us and any AI Provider used to provide the AI Functionality within the AI Products, make no representations or warranties of any kind, express or implied, in relation to any Output, including without limitation, the accuracy, availability, suitability, reliability, or content of the Output. The Customer is solely responsible for all Output, in particular ensuring that Output complies with all applicable laws and compliance with the provisions of these AI Terms.
We have no liability or responsibility: (i) resulting from the use of, or reliance upon any Output by the Customer or Users; or (ii) for any errors or omissions contained in the Output or Content.
The Output produced is a suggestion designed to assist the Customer and Users in in making decisions related to the operation of their business. The Output does not replace the need for the Customer to use a human to decide upon the suitability of the Output before it is published, used or relied upon by the Customer.
Customer and Users must check and evaluate the accuracy of any Output before using it and must not rely on us to do this. The Customer acknowledges and agrees that we have no control over any use of the Output by the Customer or Users. Any use of Content is at the Customer’s own risk. Prior to publication or distribution of any Output, the Customer must add a disclosure that the Output was generated by AI tools.
6. Indemnity
The Customer shall, at its own expense, defend or, at its option, settle any claim or suit relating to Customer Input or the Output brought against us or our AI Providers by a third party on the basis of infringement of their Intellectual Property Rights or other rights in any Customer Input or Output.
7. Customer Warranties
The Customer represents and warrants that it will not, nor will it authorise anyone on its behalf, including a User, to use the AI Products: (i) to mislead anyone that the Output generated by the AI Products is solely human-generated; (ii) to generate content that is prohibited under the terms of the Contract or any applicable laws; (iii) to generate content that is unlawful, harmful, threatening, defamatory, obscene, harassing or racially or ethnically offensive, facilitates illegal activity, depicts sexually explicit images, or promotes unlawful violence, discrimination based on race, gender, colour, religious belief, sexual orientation, disability, or is otherwise illegal; (iv) to make automated decisions that may have a detrimental impact on individual rights without appropriate human supervision; (v) for activities which have high risk of economic harm, for adult content, adult industries, dating apps, offering tailored financial advice without a qualified person reviewing the information or to provide health advice, political campaigning or lobbying; (vi) in a way that infringes, misappropriates or violates any of our rights or the rights of any third party; (vii) to reverse assemble, reverse compile, decompile, translate or otherwise attempt to discover the source code or underlying components of models, algorithms, and systems of the AI Products (except to the extent such restrictions are contrary to applicable law); (viii) to develop foundation models, other large scale models or AI Products that replicates the AI Products; (ix) to compete with us; or (x) to use any method to extract data from the AI Products, including web scraping, web harvesting, or web data extraction methods.
8. No Warranty
We do not guarantee or warrant any features or qualities of the AI Products and all warranties included in the Customer Terms are explicitly excluded in relation to the AI Products. No warranty or undertaking shall be implied by the Customer from any description of the AI Products or any other communication.
In particular, we do not warrant that the AI Products will be available uninterrupted, error free or permanently available.
The terms of the SLA referred to in the Customer Terms are explicitly excluded from the provision and use of the AI Products which are provided “as is”.
9. Limitation of Liability
To the maximum extent permitted by law, we shall not be liable to the Customer, Users or any third party for any damages arising in connection with: (i) use of, or inability to use, the AI Products; or (ii) any defect in the AI Products; or (iii) use or reliance upon any Output; or (iv) any third party claims relation to Customer Input. This disclaimer of liability shall apply regardless of the form of action that may be brought against us, whether in contract or tort including without limitation any action for negligence.
Notwithstanding anything to the contrary herein or in the other terms of the Contract, under no circumstances shall we be liable to the Customer, Users or any other person or entity for any special, incidental, consequential, or indirect damages, loss of good will or business profits, work stoppage, data loss, computer failure or malfunction, any and all other commercial damages or loss, or exemplary or punitive damages.
Appendix 1 - AI Providers
We currently uses the following AI Providers to provide AI Functionality within the AI Products.
OpenAI: OpenAI Terms of Service
Anthropic: https://www.anthropic.com/legal/consumer-terms
Google: https://policies.google.com/terms?hl=en-US#toc-intro
These AI Terms were last updated on the 28th of October 2025 and this version replaces any other AI Terms previously applicable, from this date.