Zingtree AI Terms & Conditions Addendum

These Zingtree AI Terms and Conditions (these “AI Terms”) supplement or amend Customer’s agreement with Zingtree, including, as applicable, the Master Services Agreement or other agreement (the “Agreement”). All other terms and conditions of the Agreement not expressly modified by these AI Terms shall remain in full force and effect. Capitalized terms used but not defined herein shall have the meanings assigned to them in the Agreement, and references in the Agreement to the “Services” shall include the AI Features (defined below), except as otherwise set forth herein.

1. AI Features. From time to time, Zingtree may introduce features and capabilities as part of the Services that utilize artificial intelligence, machine learning, or similar technologies (the “AI Features”). Customer has the right to optionally use or not use such AI Features.  If Customer decides to use AI Features, Customer hereby agrees to the following additional terms that will apply to the use of AI Features. Zingtree: (i) expressly disclaims the accuracy, adequacy, timeliness, reliability, merchantability, fitness for a particular purpose, non-infringement, safety or completeness of any Outputs, (ii) shall not be liable for any errors, omissions, or other defects in, delays or interruptions in such Outputs, or for any actions taken in reliance thereon, and (iii) shall not be liable for any alleged violation or infringement of any right of any third party resulting from Customer’s or Zingtree’s use of the AI Features and the Outputs. As described in the prior sentence, “Outputs” shall mean any results, options, data, recommendations, analyses, code or other information generated by any AI Features
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2. Indemnification.  Customer agrees to indemnify and hold Zingtree harmless from and against all loss, liability, damage, cost or expense (including attorney fees) relating to the AI Features (including any such losses, liabilities, damages, costs or expenses asserted by Customer, its agents or representatives, or third parties). Additionally, Zingtree is not responsible for the operation of any third-party services, including without limitation the AI Features, nor the availability or operation of any AI Features to the extent such availability and operation is dependent upon third party services.  Any exchange of data or other interaction between Customer and a third-party provider is solely between Customer and such third party and is governed by such third party’s terms and conditions.

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