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Artificial Intelligence Addendum

Artificial Intelligence Addendum

Last Updated: July 15, 2026

This Artificial Intelligence Addendum (the “AI Addendum”) forms a part of and is incorporated into the ClearCo General Terms and Conditions (“GTC”).  This AI Addendum governs Subscriber’s access to and use of any AI Features (defined below). Any capitalized terms used but not defined in this AI Addendum have the meanings set forth in the Order Form(s) in effect between Subscriber and ClearCo, any exhibits or attachments thereto, any SOW(s), and the General Terms and Conditions (collectively, the “Agreement”).

THIS AI ADDENDUM, TOGETHER WITH THE AGREEMENT, SETS FORTH THE TERMS ACCORDING TO WHICH SUBSCRIBER MAY USE AI FEATURES.  BY USING AI FEATURES, SUBSCRIBER ACKNOWLEDGES THAT IT HAS READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THIS AI ADDENDUM AND THE AGREEMENT.  SUBSCRIBER REPRESENTS AND WARRANTS THAT IT HAS THE FULL LEGAL AUTHORITY TO ENTER INTO THIS AI ADDENDUM AND THAT THE INDIVIDUAL ACCEPTING THIS AI ADDENDUM IS ACTING ON BEHALF OF A SUBSCRIBER AND HAS THE LEGAL AUTHORITY TO BIND SUBSCRIBER TO THIS AI ADDENDUM.

1.  Definitions.

“AI Features” means any service, feature, or functionality made available by ClearCo or through the Services (including any Beta Service) that generates content or data in response to Input using artificial intelligence or machine learning models, including generative models, large language models, and algorithmic decision-making technologies. AI Features are covered by the ClearCo General Terms and Conditions and are part of the Services.

“AI Provider” means any third-party provider of artificial intelligence models, infrastructure, model hosting, platforms, inference, or related services utilized by ClearCo in providing AI Features, including OpenAI, Recall.ai, Ninjahire, Forethought, Mindset, Coassemble, and the other third parties as described in our AI Provider list found here (or upon request by email to privacy@clearcompany.com).

“Agentic AI Features” means goal-oriented AI Features that perform actions or tasks in a supervised or autonomous manner, created, orchestrated, or initiated within the Services.  When enabled, Agentic AI Features may (a) call external tools, APIs, documents, or systems, (b) retrieve or write data, or (c) initiate tasks or transactions on Subscriber’s behalf (e.g., “connectors,” “actions,” “tools,” “extensions,” or words of similar import).

“Input” means data, content, or materials (including prompts or queries) submitted by Subscriber to AI Features, whether directly or through an API or other connections, and which may include Subscriber Data as submitted by Subscriber to ClearCo for processing.

“Output” means the content, data, or results generated by AI Features in response to Input.

2.  Subscriber Data, Input, and Output.  Input is Subscriber Data.  As between the parties, Subscriber owns Output, and ClearCo assigns to Subscriber all of ClearCo’s right, title, and interest (if any) in and to the Output.  Subscriber is solely responsible for the development, content, operation, maintenance, use, and dissemination of its Input and Subscriber Data.  Subscriber will ensure that neither Subscriber Data nor Subscriber’s use of AI Features or any Output will: (i) violate any applicable Laws; (ii) violate this AI Addendum or the General Terms and Conditions; or (iii) infringe, violate, or misappropriate any of ClearCo’s rights or the rights of any third party. Subscriber further represents and warrants that Subscriber has all rights, licenses, and permissions needed to provide the Input to AI Features.  Subscriber acknowledges that, due to the nature of generative AI and the technology powering ClearCo’s AI Features, Output may not be unique, and AI Features may generate the same or similar output to ClearCo or a third party.  Nothing in this AI Addendum transfers to Subscriber any of ClearCo’s intellectual property rights in or to the Services.

3.  Data Handling.

3.1 Restrictions on Model Training.  Subscriber Data may be processed by ClearCo and within ClearCo-managed instances of the AI Providers’ infrastructure to provide AI Features to Subscriber and to generate Aggregated Anonymous Data as permitted under Section 4.2 of the GTC and for no other purpose.  ClearCo will not access, use, or retain Input or Output to train, retrain, or fine-tune AI Features, any AI Provider models, or other AI or machine-learning models.  Notwithstanding the foregoing, ClearCo may retain and internally review (a) Input and Output solely to detect, prevent, and remediate abuse, misuse, security incidents, malfunctions, or abnormal performance relating to AI Features and (b) Input in an anonymized and de-identified form solely for the purpose of improving AI Features by analyzing usage patterns, identifying common user issues, and enhancing product development and user experience (clauses (a) and (b) are collectively “Operational Monitoring”).  Data retained for Operational Monitoring will be: (i) kept logically separated from other production data; and (ii) accessible only to authorized personnel on a need-to-know basis.  For clarity, the restrictions in this Section 3.1 apply to Input and Output and do not restrict ClearCo’s creation or use of Aggregated Anonymous Data, which does not constitute Input or Output and which ClearCo may create and use as permitted under Section 4.2 of the GTC and Section 10 of this AI Addendum.

3.2 Inference and Processing.  Subscriber acknowledges that ClearCo must process Input and Output to operate AI Features (including via its AI Providers).  During such inference-time processing, ClearCo represents and warrants that:

(a) Tenant Isolation.  Any caching, indexing, or retrieval systems used to optimize or contextualize AI Features are logically separated on a per-customer basis. ClearCo will not use Subscriber’s Input or Output to populate a shared context window, cache, or retrieval system that is accessible to or used for the benefit of any other customer.

(b) Ephemeral Processing.  Except as permitted for Operational Monitoring, any processing for content filtering or real-time execution is transient, and the Services will not retain Input or Output beyond the time necessary to generate the applicable session or interaction.

3.3 Safeguards.  ClearCo will implement and maintain commercially reasonable technical and organizational measures (such as content filtering or abuse monitoring) designed to mitigate the generation of harmful or illegal Output.

4.  Agentic AI Features.  This Section 4 applies solely to the extent Subscriber utilizes Agentic AI Features. As with AI Features generally, Subscriber’s use of Agentic AI Features is voluntary and optional, and other Services provided by ClearCo may be used without enabling or using Agentic AI Features.

4.1 Subscriber’s Responsibility for Agentic AI Features.  Subscriber is solely responsible for: (a) the actions and tasks performed by an Agentic AI Feature on Subscriber’s behalf; (b) determining whether the use of an Agentic AI Feature is fit for Subscriber’s use case; (c) authorizing an Agentic AI Feature’s access and connection to any data, applications, and systems; (d) exercising judgment and supervision when and if an Agentic AI Feature is used in production environments to avoid any unintended consequences; and (e) implementing appropriate human oversight mechanisms, particularly where an Agentic AI Feature may take autonomous actions with real-world consequences, including hiring decisions.  Subscriber acknowledges that certain actions taken by an Agentic AI Feature may be difficult or impossible to reverse, including permanent deletion of data or transmission of communications to third parties.  Subscriber assumes all risk for such irreversible actions.  The actions or tasks that an Agentic AI Feature performs are not considered Output.

4.2 Third-Party Apps and Services.

(a) Agentic AI Features may allow Subscriber to access products, services, websites, links, content, material, integrations, bots, or applications from independent third parties (“Third-Party Apps and Services”) and may allow Subscriber to share Subscriber’s content or data with such Third-Party Apps and Services that Subscriber accesses through Agentic AI Features.  The use of any Third-Party Apps and Services is solely within Subscriber’s control, and Subscriber may choose to use or discontinue use of available Third-Party Apps and Services at any time.  By using, enabling, or connecting any Third-Party Apps and Services for use with Agentic AI Features, Subscriber expressly authorizes ClearCo to access, interact with, transmit Subscriber’s content or data to, and take actions through such Third-Party Apps and Services on Subscriber’s behalf, unless and until Subscriber discontinues use of, disables, or disconnects any Third-Party Apps and Services.

(b) Subscriber should review any applicable third-party terms and privacy policies before acquiring or using any Third-Party Apps and Services or linking Subscriber’s content or data to them.  Subscriber is solely liable for compliance with all relevant third-party terms.  Third-party terms do not modify the terms of this AI Addendum or any other terms or policies incorporated herein by reference.  ClearCo does not license any intellectual property to Subscriber as part of any Third-Party Apps and Services.  Subscriber assumes all risk and liability arising from its use of any Third-Party Apps and Services.  ClearCo is not responsible or liable to Subscriber or others for information or services provided by any Third-Party Apps and Services or for Subscriber’s use of the Third-Party Apps and Services.  ClearCo reserves the right to modify, suspend, or discontinue Subscriber’s access to any Third-Party Apps and Services at any time, with or without notice, and shall have no liability to Subscriber or any third party arising therefrom, where ClearCo determines that any such Third-Party Apps and Services pose a security risk, violate applicable Laws, or are otherwise incompatible with the Services.

(c) To the extent the Services permit Subscriber to create, configure, or bring its own connectors, plugins, or other integrations for use with Agentic AI Features, Subscriber assumes sole responsibility for the security, functionality, and compliance of such connectors, plugins, or integrations.  ClearCo makes no representations regarding the compatibility, security, or performance of any Subscriber-configured connector, plugin, or integration, and shall have no liability for any actions taken by an Agentic AI Feature operating through such Subscriber-configured connector, plugin, or integration.  ClearCo reserves the right, in its sole discretion, to deny, disable, or revoke access to any Subscriber-configured connector, plugin, or integration at any time, with or without notice, and shall have no liability to Subscriber or any third party arising therefrom, where ClearCo determines that such connector, plugin, or integration poses a security risk, violates applicable Laws, or is otherwise incompatible with the Services.

5.  Participation and Termination.  Subscriber understands and acknowledges that Subscriber’s use of AI Features is voluntary and optional, that other Services provided by ClearCo may be used without enabling AI Features, and that Subscriber is free to stop using AI Features at any time.  At ClearCo’s sole discretion, ClearCo may at any time (i) change, suspend, or discontinue any AI Features, (ii) impose limits on certain features and services or restrict Subscriber’s access to all or part of AI Features without notice or liability to Subscriber, and (iii) modify or replace any of these AI Addendum terms (including as necessary to comply with applicable Laws).  The current version of this AI Addendum will be indicated by the “Last Updated” date above.  Subscriber’s continued use of AI Features following the posting of any changes to this AI Addendum constitutes acceptance of those changes.

6.  Risks and Limitations.  Artificial intelligence and machine learning technologies have known and unknown risks and limitations.  Subscriber acknowledges that Subscriber is solely responsible for (i) developing Subscriber’s own internal policies regarding the appropriate use of these technologies and training other users on Subscriber’s account regarding such policies, (ii) providing transparency and obtaining all necessary consents required by applicable Laws, and (iii) implementing sufficient human oversight for the use of AI Features to avoid discriminatory or unlawful behavior or impermissible automated decision-making.  By using AI Features, Subscriber acknowledges and agrees that ClearCo is not responsible for (a) any inaccuracies or errors in the Output, (b) any biases, lack of fairness, or limitations of the underlying algorithms or data, or (c) any Output that Subscriber may find harmful or offensive.  If Subscriber encounters any Output that is inaccurate, harmful, biased, unfair, offensive, or inappropriate, Subscriber may report it to support@clearcompany.com to enable ClearCo to iterate and improve these features.

7.  AI Features Use Restrictions.

7.1 Subscriber will not provide Input or attempt to generate Output through AI Features that consists of any sensitive personal information under applicable Laws, including: (i) Protected Health Information as defined by HIPAA or similar statutes, or health, genetic, or biometric record data in general; (ii) government-issued identification numbers of any kind; or (iii) personal financial or bank account information. 

7.2 Subscriber may not use AI Features: (i) to develop foundation models or other large-scale models that compete with ClearCo or AI Features; (ii) to mislead any person that Output was solely human generated; (iii) to generate spam, fraudulent, or inappropriate content for dissemination; or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.

7.3 Subscriber will not, and will not permit any third party to, use AI Features or Output to:

(a) train, retrain, or fine-tune any third-party artificial intelligence or machine-learning models that compete with ClearCo or its AI Providers;

(b) represent any Output as being approved or vetted by ClearCo, as being a wholly human generated work, or as being unique;

(c) make, or materially support, any automated decision that produces a legal or similarly significant effect concerning an individual (including in employment, hiring, housing, lending, education, insurance, or healthcare) unless Subscriber has first ensured (i) adequate, appropriate, and independent human review and supervision of the decision, and (ii) that such use complies with all applicable Laws, including any obligation to provide notice, an explanation, or an opportunity to opt out of, appeal, or obtain human reconsideration of the decision, and in no event may Subscriber rely on AI Features or Output as the sole basis for any such decision;

(d) use AI Features in violation of any AI Provider terms of use or acceptable use policy (or equivalent); or

(e) engage in any practices prohibited by applicable Laws.

8.  Intellectual Property.  As between the parties, ClearCo owns all right, title, and interest in and to AI Features and any resulting Aggregated Anonymous Data, including all intellectual property and proprietary rights.  Except for the rights provided to Subscriber in this AI Addendum, no other rights or permissions to AI Features are granted.

9.  WARRANTY DISCLAIMER. AI FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE" AND CLEARCO DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO OUTPUT OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF AI FEATURES OR THE ACCURACY OF ANY OTHER INFORMATION OBTAINED THROUGH AI FEATURES. CLEARCO DISCLAIMS ALL WARRANTIES INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SUBSCRIBER UNDERSTANDS AND AGREES THAT CLEARCO DOES NOT ATTEMPT TO VERIFY THE ACCURACY OR COMPLIANCE WITH LAWS OF ANY OUTPUT, MATERIAL, OR OTHER DATA OBTAINED THROUGH THE USE OF ANY AI FEATURES, AND SUBSCRIBER ASSUMES THE SOLE RISK FOR USE OF SUCH OUTPUT, MATERIAL, OR DATA. SUBSCRIBER SHALL HAVE FULL CONTROL OF ANY OUTPUT BEING APPLIED OR USED AND SHALL EVALUATE THE ACCURACY OF ANY OUTPUT PRIOR TO ACCEPTANCE OF THE OUTPUT. SUBSCRIBER SHOULD NOT RELY ON ANY FACTUAL ASSERTION IN OUTPUT WITHOUT INDEPENDENTLY CHECKING ITS ACCURACY. OUTPUT THAT APPEARS ACCURATE BECAUSE OF ITS DETAIL OR SPECIFICITY MAY STILL CONTAIN MATERIAL INACCURACIES. AI FEATURES MAY NOT BE CAPABLE OF DYNAMICALLY RETRIEVING INFORMATION, AND OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER AI MODELS WERE TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM CLEARCO OR THROUGH AI FEATURES SHALL CREATE ANY REPRESENTATION OR WARRANTY. NEITHER CLEARCO NOR ITS AFFILIATES OR THEIR RESPECTIVE REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM (INCLUDING THIRD-PARTY CLAIMS), DAMAGE, OR LOSS ARISING FROM OR RELATING TO SUBSCRIBER'S USE OF AI FEATURES.

10.  Improving AI Features.  ClearCo may use Aggregated Anonymous Data, Operational Monitoring data, and Feedback provided by Subscriber regarding Subscriber’s use of AI Features to further develop and improve AI Features or as otherwise permitted under the General Terms and Conditions.

11.  AI Providers; Policies.  ClearCo uses technology provided by its AI Providers to provide certain features and functionality of AI Features.  Subscriber’s use of AI Features provided by AI Providers may be subject to the applicable AI Provider’s terms of use and other policies.  Subscriber acknowledges that AI Features may utilize AI Providers to process Input and Output.  Subscriber authorizes ClearCo to use AI Providers to process its Input and Output as necessary to provide AI Features.

Use of AI Providers does not change ClearCo’s responsibility for the Services and AI Features in accordance with the terms of the Agreement.  Unless ClearCo and Subscriber expressly agree otherwise, Subscriber is not required to enter into separate agreements with AI Providers.  ClearCo will ensure its AI Providers are subject to contractual obligations regarding the processing of Input and Output that are materially consistent with the applicable requirements of Section 3 (Data Handling). ClearCo may temporarily suspend or limit AI Features to the extent required by the unavailability of an AI Provider, applicable Laws, or a material security or safety risk.  In such case, ClearCo will use commercially reasonable efforts to restore the affected AI Features.

12.  Additional Processing Instructions.  To the extent Subscriber Data provided as Input to AI Features contains Personal Data (as that term is used in the ClearCo Data Processing Agreement, if one is in place between the parties), Subscriber instructs ClearCo to process the Personal Data for the additional purpose of providing AI Features functionality and Output.

13.  Entire Agreement; Modification; Conflicts.  This AI Addendum, together with any Order Form(s) in effect between Subscriber and ClearCo, any exhibits or attachments thereto, any SOW(s), and the General Terms and Conditions, constitutes the entire agreement between the parties, and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.  Except for ClearCo exercising its right to modify or replace this AI Addendum as described above, no modification, amendment, or waiver of any provision of this AI Addendum shall be effective unless agreed upon in a signed amendment.  To the extent of any conflict or inconsistency between the provisions of this AI Addendum and other documents or terms comprising the Agreement, the terms of this AI Addendum shall prevail.  Notwithstanding any data processing agreement or other agreement between the parties, the terms of this AI Addendum and the General Terms and Conditions govern with respect to the creation and use of Aggregated Anonymous Data.

14.  Contact Information.  If Subscriber has any questions about this AI Addendum or AI Features, Subscriber may contact ClearCo by phone at 617-938-3801, via email at support@clearcompany.com, or by mail to ClearCompany, LLC, Attention: Legal, 75 Park Street #5008, Lewiston, ME 04240.

15.  Survival. This AI Addendum will survive termination of the Agreement.