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AI Features Addendum

AI Features Addendum

This AI Features Addendum (“AI Addendum”) is incorporated into the DevCycle End User Terms of Service (the “Terms”) between Company and Customer. It applies whenever Customer uses or accesses any AI Features as part of the Services. In the event of any conflict between this AI Addendum and the rest of the Terms, this AI Addendum will control for matters related to AI Features only. Capitalized terms not defined here have the meanings given in the Terms, including the Data Protection Agreement “DPA”.

  1. Scope

1.1. Eligibility and Optional Use: AI Features may be made available to Customer at Company’s discretion and, if provided, are for Customer’s convenience as optional tools. If Customer chooses not to access or use a particular AI Feature, this will not affect the use of other Services. When used, any AI Features are considered part of the “Services” governed by the Terms.

  1. Description and Transparency

2.1. How AI Features Operate: When Customer accesses or uses AI Features, it will process Data using a machine-based system(s) designed to operate with varying levels of autonomy and that may exhibit adaptiveness after deployment, and that, for explicit or implicit objectives, infers from the input it receives how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments (“AI System”) to deliver automated results such as predictions, recommendations, content generation, analytics, or other outputs (“AI Outputs”). Where required by law, Company will, upon written request, provide a general description of the AI Features’ functionality and the general logic used by its algorithms (without disclosing proprietary algorithms or trade secrets). This information is provided to help Customer meet any legal obligations it has to inform users about AI use in the Services.

2.2. Notification of AI Use: Company will clearly indicate within the Services which features are AI System powered (for example, through labels or documentation). Customer is responsible for informing its authorized users (and any other individuals to whom the use of the Services impacts) that AI Features are in use whenever such disclosure is required by law or is necessary for fairness and transparency.

  1. Permitted Use of Data and Data Protection

3.1. Processing on Customer’s Behalf: When AI Features process Personal Information on Customer’s behalf, Company will handle that information in compliance with the Privacy Policy and DPA between Customer and Company and in accordance with applicable law. Company will process Personal Information via AI Features only as necessary to perform the Services according to Customer’s instructions. By enabling AI Features, Customer is instructing Company to process relevant Data (including any Personal Information in it) for the purpose of providing the AI Outputs. Company will not retain, use, or disclose any of Customer’s Personal Information processed via AI Features for any purpose other than providing the Services and AI Outputs to Customer or as required by applicable law.

3.2. No Secondary Use for Model Training: Company will not use Customer’s Data (or any Personal Information within it) that is processed through AI Features to train, improve, or otherwise develop AI Systems for Company’s benefit or for any third party’s benefit provided that Section 5 of the Terms (“Your Data”), which permits Company to use anonymized, aggregated data for service improvements shall still apply.

  1. Third-Party AI Providers

4.1. Use of Sub-processors: Customer acknowledges that Company may use unaffiliated third-party service provider(s) that Company engages to supply AI Systems to power certain AI Features (“Third-Party AI Providers”) and each such Third-Party AI Provider that processes Personal Information for an AI Feature will be deemed an authorized Sub-processor under the DPA. Customer hereby consents to Company’s use of the following Third-Party AI Providers: [OpenAI, L.L.C., Anthropic, PBC., Cloudflare, Inc., Vercel Inc.], as subprocessors and to deliver the AI Features. Company will disclose its use of other future Third-Party AI Providers in its sub-processor documentation or otherwise notify Customer, in line with the DPA’s requirements for sub-processor transparency and change notification.

  1. Customer Responsibilities and Use of AI Outputs

5.1. Human Oversight and Judgment: AI Features are intended to assist Customer’s decision-making or operations, not replace human judgment. Customer is responsible for reviewing AI Outputs and deciding, under its own judgment, what actions to take (or not take) based on those AI Outputs. Customer agrees not to rely exclusively on AI Outputs to make decisions.

5.2. Compliance in Use of AI: Customer must use the AI Features and any AI Outputs in compliance with all applicable laws, regulations, and ethical guidelines including, without limitation, laws relating to data privacy/protection and anti-discrimination. Before using AI Features on data about any individuals, Customer will ensure it has provided any required notices to those individuals and obtained any required consents, as per Privacy Laws or other applicable laws. Company shall only use AI Output for the purposes of improving productivity and optimizing use of the Services for Customer/permitted by Company in its documentation for the Services. If Customer’s use of AI Features violates this AI Addendum or the Terms, or presents a security or legal risk to Company or others, Company may suspend or disable the AI Features. If Customer believes that the AI Features are producing biased or inaccurate results, Customer will notify Company immediately in writing.

  1. Disclaimers; Indemnification

6.1. NO WARRANTY FOR AI FEATURES OR AI OUTPUTS; DISCLAIMER: CUSTOMER ACKNOWLEDGES THAT AI SYSTEMS BY THEIR NATURE INVOLVE PROBABILISTIC PREDICTIONS AND PATTERNS, AND AS SUCH, COMPANY DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY AI SYSTEMS, AI FEATURES OR AI OUTPUT AND THE AI SYSTEMS, AI FEATURES AND AI OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” AS PART OF THE SERVICES, WITHOUT ANY WARRANTY OR REPRESENTATION IMPLIED BY LAW OR THAT THEY WILL BE ERROR-FREE OR FIT FOR ANY PARTICULAR PURPOSE, CONSISTENT WITH THE DISCLAIMERS IN SECTION 11 OF THE TERMS (WHICH APPLY EQUALLY TO AI SYSTEMS, AI FEATURES AND AI OUTPUTS). FOR EXAMPLE, COMPANY DOES NOT WARRANT THAT ANY AI SYSTEM, AI FEATURES OR AI OUTPUT WILL ACHIEVE CUSTOMER’S INTENDED RESULT, OR THAT THE AI SYSTEM, AI FEATURES AND OUTPUTS OR ANY AI-GENERATED CONTENT WILL BE APPROPRIATE FOR ALL OR ANY CIRCUMSTANCES. CUSTOMER IS SOLELY RESPONSIBLE FOR VERIFYING THE AI OUTPUT AND RESULTS AND DECIDING WHETHER AND HOW TO USE THE AI SYSTEM, AI FEATURES AND OUTPUTS.

6.2. Indemnification: Customer agrees to indemnify, defend, and hold harmless Company and its officers, directors, employees, and agents from and against any third-party claims, liabilities, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to Customer’s use of the AI System, AI Features or AI Outputs in violation of this AI Addendum or applicable law. This includes, by way of example, any claim that Customer’s use of an AI Output violated a third party’s rights or harmed an individual. This indemnity is in addition to, and not in lieu of, Customer’s indemnification obligations under the Terms and shall be subject to the same procedures and limitations stated therein.

AI Features AI Addendum last updated: July 24, 2025