Effective starting: 20 October 2026
These Service Provider AI Terms (these “AI Terms”) supplement the Terms of Use for XMLdation Service, or another agreement entered between Customer and Service Provider (the “Agreement”) and apply to generative artificial intelligence features XMLdation makes available to customers as part of XMLdation Service (the “AI Offerings”). These AI Terms control in the event of a conflict with the Agreement. Capitalized terms used and not defined in these AI Terms have the meanings given to them in the Agreement.
Definitions
In these AI Terms, the following definitions apply. Capitalised terms not defined herein have the meanings given to them in the Agreement.
“Input” means any input (for instance, textual or other content) Customer or a User provides or makes available to an AI Offering.
“Output” means any output (for instance, textual or other content) generated and returned to Customer or a User by an AI Offering based on Input.
1. Identifying AI Offerings
Service Provider must identify AI Offerings in Service (for instance, as “Uses AI”) or in Service documentation.
2. Input and Output
The AI Offerings provide Output in response to Input. Input and Output are Customer Data under the Agreement.
Service Provider must not permit its subcontractors to use Input or Output to train or improve their models. The documentation provides more information about Service Provider's use of Input and Output and the privacy preserving measures Service Provider applies.
Customer is responsible for its use of Output, including determining whether Output is appropriate for that use.
Customer must not (and must not permit anyone else to): (a) provide Input that either violates third-party rights or Law or is intended, or would reasonably be expected, to generate Output that does so, (b) provide Input that includes Personal Data, (c) use Output in a manner that Customer knows, or reasonably should know, violates third-party rights or Law, or (d) represent that Output is human generated or approved or endorsed by Service Provider or its subcontractors.
Output is generated by artificial intelligence, including by using technology provided by third-party subcontractors. Service Provider makes no warranty as to the accuracy, completeness or reliability of Output or that it does not violate third-party rights or Law. Due to the nature of the AI Offerings, (i) Output may not be unique or exclusive to Customer and its Users, (ii) the same or similar Input may yield differing Output, and (iii) Output does not represent Service Provider’s or its subcontractors’ views.
3. Agents
Agents are AI Offerings that Users may direct to take certain actions on behalf of Customer (“Agents”). These actions are not Output. Agents may be created by Customer, provided by Service Provider, or provided by third parties as Third-Party Products.
Customer is responsible for its use of Agents, including determining whether any actions Agents may take are appropriate for that use and appropriately supervising such actions. Customer must not use Agents in a manner that either violates third-party rights or Law or is intended, or would reasonably be expected, to do so.
4. Liability
The liability provisions set out in the Agreement apply in full to these AI Terms and shall govern all claims, losses, liabilities, damages, costs and expenses arising out of or in connection with the use of the AI Offerings, unless expressly stated otherwise in these AI Terms.
5. Limitation of Liability
The limitation of liability provisions set out in the Agreement apply in full to these AI Terms and govern all claims, liabilities, losses, damages, costs and expenses arising out of or in connection with the AI Offerings or their use. Without limitation, all disclaimers of warranties, exclusions and limitations of liability, indemnities, and allocations of risk contained in the Agreement shall apply to these AI Terms as if set out in full herein, unless expressly stated otherwise in these AI Terms.
