GenAI Addendum

1. Definitions

Generative AI (“GenAI”) means a type of artificial intelligence (“AI”) that uses generative artificial intelligence models (“GenAI Models”) to generate AI Generated Content, usually in response to Prompts. The features/functions of the SaaS Services that are enabled using GenAI (“GenAI Features”) are referred to in the Documentation. 

GenAI Provider means an entity or organization that delivers hosted artificial intelligence services centered around pre-trained GenAI Models. The services can be consumed and integrated with business applications using standard APIs. 

AI Generated Content means any content or other response, suggestions, completions, alerts, predictions, recommendations, decisions or other output generated by a GenAI system.  

Prompt means the Customer Material that is provided, selected, designated or otherwise input or collected, supplying instructions, context, and examples to the GenAI system for generating or customizing AI Generated Content. 

2. The GenAI Features are enabled as a default and are available for use by or on behalf of the Customer at the Customer’s discretion.

3. Where GenAI and other software/services (including through use of APIs) to be used with or in connection with the same is provided as a service by a GenAI Provider, the SaaS Service/Software will send Prompts and user engagement data to the GenAI Provider in regions where the GenAI Provider or its providers maintain facilities, which may be outside of the Customer’s geographic region, any and all of which may be accessed/processed by such GenAI Provider for the purpose of providing services and ensuring compliance with their terms and conditions. Customer agrees to TCS’s sharing of Customer Materials with GenAI Providers in the use of the Software and provision of the SaaS Services. Prompts and AI Generated Content are Customer Materials owned by the Customer but exclude Prompts and AI Generated Content in relation to or based on TCS Documentation/Software.

4. GenAI enabled features/functions of the SaaS Services and AI Generated Content are not intended for use in regulatory environments, sensitive workloads, high stake and key decision scenarios (“High Risk Environments”). Customer will use discretion before relying on, publishing, or otherwise using AI Generated Content provided by the SaaS Services. TCS disclaims any warranties and liabilities with use of the GenAI enabled features/functions in such High-Risk Environments.

5. Misrepresentation of the provenance of AI Generated Content by claiming that the content was created by a human or representing the AI Generated Content as human generated work to deceive, is prohibited.

6. Personal Information or Personally Identifiable Information (collectively, “PII”) should not be used as a Prompt.

7. Notwithstanding anything to the contrary in the Agreement, the GenAI Features and AI Generated Content are provided on an “as is” basis without any representations or warranties. TCS disclaims any liability or loss arising therefrom. 

8. To the extent that AI Generated Content is included in any output from the SaaS Services or the output itself is AI Generated Content, Customer’s ownership of the intellectual property rights in or to such AI Generated Content will be subject to TCS’s and third-party rights, if any, in the AI Generated Content, and recognition and protection available to the AI Generated Content under the applicable copyright/intellectual property laws. Customer further acknowledges and agrees that GenAI may produce similar responses to similar Prompts from multiple customers, and that the Customer’s rights in AI Generated Content or output including AI Generated Content may not be enforceable against TCS or other customers/users of the SaaS Services. Customer agrees that AI Generated Output is not human originated work, and TCS will not be able to assign any intellectual property rights in or to the same. AI Generated Content is not part of the Software/SaaS Services but an output from GenAI enabled features of the Software/SaaS Services, usually in response to Prompts. Customer agrees not to make any claims against TCS or other customers of SaaS Services in this regard.

9. Notwithstanding anything to the contrary in the Agreement, any defence, liability, and indemnity obligations of TCS relating to Third Party claims under the Agreement will not apply if the claim is based on the use of GenAI Features and AI Generated Content or output that includes AI Generated Content.

10. The black box nature of the deep neural networks used in GenAI Models and lack of consistent AI Generated Content create significant problems in building a transparent (that is, traceable, explainable, auditable) solution. The absence of transparency can pose obstacles in demonstrating inspection readiness and compliance. To the extent permitted under applicable law, TCS does not make any representations and warranties relating to transparency, and all liability or loss arising from lack of transparency due to GenAI Models used to enable GenAI Features in the SaaS Services are borne by the Customer and the Customer hereby waives any claims to the same.

11. Hosted artificial intelligence and machine learning technologies have known and unknown risks and limitations. The quality and/or accuracy of AI Generated Content may get affected due to, but not limited to, GenAI Model/API version change, recency of training content, language, variations in Prompts, parameter changes, changes in output due to feedback loops, one/few shot learnings, or traces of harmful content in the publicly available material on which the GenAI Models have been trained. Customer is solely responsible for all use of the AI Generated Output and evaluating GenAI Features and AI Generated Output for accuracy and appropriateness of use, including utilizing human review as appropriate. TCS does not make any representations and warranties related to the accuracy or quality of the GenAI Features or the AI Generated Content, and Customer hereby waives any claims to liability or loss arising from said lack of accuracy/quality, assuming all risk in using the GenAI Features.

12. An Acceptable Use Policy (AUP), which addresses appropriate use of the GenAI Features is available at https://digitate.com/acceptable-use-policy/, which is incorporated herein by reference.

In case of conflict between this GenAI Addendum and the Agreement or the applicable SaaS Order Form or Statement of Work, the terms of this GenAI Addendum shall prevail. 

Version: GenAI Addendum, V1.0 

Release Date: April 1, 2025 

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