Pigment AI Addendum

This Addendum (“AI Addendum”) sets out the terms and conditions applicable to You and Your Authorized Users’ optional use of AI-based features included in the Solution. If You or Your Authorized Users do not use AI Features, this AI Addendum does not apply.

For the purposes of this AI Addendum, “AI Features” mean artificial intelligence capabilities integrated within the Solution designed to enhance user experience, optimize business operations, provide insightful data-driven analytics, support modeling activities, and any material or visualizations provided by Us related to the same. They may include predictive analytics features, generative artificial intelligence features and natural language processing for instance to help and empower You and Your Authorized Users to visualize data and prepare forecasts and assist them in modeling and scenario building activities using the Solution.

1. Prevention of Unauthorized Access and Use

You agree to:

1.1. take appropriate technical and organizational measures to ensure that the AI Features are used in accordance with the terms of the Agreement, including through appropriate human oversight.

1.2. use all reasonable endeavors to prevent any unauthorized access to, or use of, the AI Features.

1.3. in the event of any unauthorized access or use, immediately notify Us upon becoming aware of such access or use.

2. Updates

We may modify, adapt and/or update AI Features or remove any AI Feature from the Solution at any time. For example, We may make changes to AI Features to comply with changes to law or regulatory requirements, for security reasons, for circumstances beyond our reasonable control or to adapt to new technologies. Except to the extent required by applicable law, We have no obligation to provide a feature or functionality previously provided as part of the Solution.

3. Input Data

3.1. For the purposes of this AI Addendum, “Input Data” means Your Data You or Your Authorized Users provide to Us via the Solution or otherwise allow the Solution to access that We use to provide AI Features to You and Your Authorized Users, excluding any Output Data (defined below).

3.2. You retain all rights, title, and interest, including all IPR, in and to the Input Data.

3.3. You grant to Us a non-exclusive, worldwide, sub-licensable, royalty-free, irrevocable, fully paid-up right to use Input Data to (i) provide AI Features to You and Your Authorized Users, (ii) comply with applicable laws; and (iii) enforce this Agreement.

3.4. The license granted in section 3.3 will  terminate upon the expiration or termination of the Agreement, except that it shall survive for a period of ninety (90) days solely to allow Us to wind down Our use of Input Data, during which time We shall securely delete or destroy all of Input Data. Notwithstanding the foregoing, We may retain Input Data beyond such period to the extent required by applicable law or regulation, provided that We retain only the minimum data necessary, continue to protect it in accordance with the Agreement, and delete it promptly once the legal obligation has been satisfied.

3.5. We will treat all Input Data as Confidential Information and implement and maintain appropriate technical and organizational measures to protect the Input Data against unauthorized access, use or disclosure.

3.6. We will comply with all applicable data protection and privacy laws and regulations when processing Input Data in accordance with this AI Addendum. Pigment does not use Your Data to train any AI model or permit others to do so.

4. Output Data

4.1. For the purposes of this AI Addendum, “Output Data” means any data, information, content, or material generated, produced, or derived from Your use of AI Features, including but not limited to, results, analyses, reports, recommendations, models, insights, and other outputs generated by AI Features. Output Data may include, without limitation, processed or transformed versions of Your Data, predictions, classifications, and other data or content resulting from the processing of Your Data. Output Data is distinct from the Input Data and may incorporate Pigment’s proprietary algorithms, models, and other intellectual property.

4.2. Subject to Your rights in Your Data, Pigment retains all rights, title, and interest, including all IPR, in and to any AI Features, Pigment’s proprietary algorithms, models, and other intellectual property owned by Pigment within the Output Data. For the avoidance of doubt, this section does not assign any IPR in Your Data. We hereby assign to You all right, title, and interest in and to all Output Data, except any rights, title, and interest in the AI Features, Pigment’s proprietary algorithms, models, and other intellectual property owned by Pigment or a third party.

4.3. You understand and acknowledge that portions of the Output Data may not be unique across users of the Solution and the Solution may generate the same or similar Output Data for other customers under similar terms.

4.4. You assume sole responsibility for results obtained from Your use of Output Data, and for conclusions drawn from such use. You acknowledge and agree that such Output Data is artificially generated and not always accurate, complete or relevant and, before using such data, You should evaluate it for accuracy, completeness and appropriateness, including through human oversight. We will have no liability for any damage caused by errors or omissions in any information, instructions or scripts provided to Us by You or in any results obtained from Your use of the Output Data. You are solely responsible for any third-party claims regarding Your use of AI Features.