Terms of Use - AI QUALISIGN Services

"QualiSign AI" means any and all artificial intelligence or machine learning software technology features or functionality including without limitation generative models artificial intelligence algorithms or machine learning and natural language processing models learnings or datasets. For clarity QualiSign AI should be considered part of the services offered through the QualiSign Portal (QualiSign Services).

"AI Usage Data" means any data or other information used generated or derived from AI results and/or Customer data in anonymized form.

"AI Response" means the data (e.g. outputs responses suggestions or other content) generated by QualiSign AI from its use by Customer.

2.1 Ownership

Customer owns the AI Response to the extent that it may be protected by applicable intellectual property law and subject to the restrictions set forth in Section 2.2. Customer acknowledges that the AI Response may or may not be Customer data.

2.2 Restrictions

Customer will not and will not permit any Authorized User:

2.3 License for AI Response

Customer hereby grants QualiSign a perpetual non-revocable non-exclusive worldwide royalty-free right and license with the right to sublicense use host reproduce display perform and modify the AI Usage Data and AI Response strictly for the purposes of:

This paragraph shall survive the expiration or termination of the Agreement to the extent that any AI Usage Data is provided or the AI Response is generated prior to such expiration or termination. QualiSign will continue to treat the AI Usage Data and AI Response as Confidential Information after the termination and/or expiration of the Agreement.

2.4 Anonymization of Customer Data and AI Response

Prior to performing QualiSign AI AI/ML Learning (defined in Section 3.1 below) QualiSign will de-identify and anonymize whenever possible all AI Usage Data and AI Response.

3.1 AI/ML Learning

Subject to Sections 2.4 and 3.2 Customer hereby grants QualiSign a non-exclusive worldwide royalty-free right and license with the right to sublicense use host reproduce display perform and modify the AI Usage Data and AI Response strictly for the purpose of improving the QualiSign Services generally and the QualiSign AI including but not limited to the training of computational algorithms (artificial intelligence) machine learning models and neural networks for creating results and datasets and for other machine learning purposes ("QualiSign AI/ML Learning").

3.2 Rights to object to the use of data by QualiSign AI

QualiSign has the express authorization through the Addendum/Contractual Annex - "GENERAL DATA PROTECTION OBLIGATION LAW No. 13.079/2018 ("LGPD") and the GENERAL DATA PROTECTION REGULATION ("GDPR")" to process ("Data Processor") Personal Data documents and other information on behalf of the Customer ("Data Controller") which is essential for the provision of our services.

Notwithstanding QualiSign grants the Customer the right at any time to opt out of the use of their data for QualiSign AI ML Learning using the "object" feature available in the "My Settings" menu of the QualiSign Portal it being clear that in the event of their opposition QualiSign will no longer have the AI/ML Learning rights of QualiSign AI for any AI Usage Data or Response generated during the period in which the Customer objected. For clarity QualiSign will continue to have QualiSign AI AI/ML Learning rights over Customer data and AI results that have been de-identified and anonymized during any period in which Customer has opted in.

Notwithstanding anything to the contrary in this AI Exhibit and without limiting QualiSign's rights set forth in the Agreement QualiSign shall exclusively own and retain all right title and interest in the QualiSign AI Services (including without limitation any enhancements or modifications thereto and any learning derived therefrom) AI Usage Data and all intellectual property rights in each of the foregoing. QualiSign will also retain all rights and interests in and to the de-identified and anonymized data referred to in 2.4 above.

In addition to Customer's representations and warranties elsewhere in the Agreement Customer represents and warrants that it has obtained and will maintain all necessary rights permissions consents and authorizations for access to and use of Customer Data (including any personal data contained therein) and to transmit Customer Data to QualiSign AI or otherwise to QualiSign in connection with this AI Exhibit.

6.1 General

QUALISIGN AI AND AI SERVICES ARE PROVIDED "AS IS." IN ADDITION TO THE EXEMPTIONS FROM THE CONTRACT AND TO THE FULLEST EXTENT PERMITTED BY LAW WHETHER STATUTORY OR OTHERWISE. QUALISIGN MAKES NO WARRANTIES OR REPRESENTATIONS EXPRESS OR IMPLIED TO CUSTOMER ITS AUTHORIZED USERS OR ANY OTHER PARTY WITH RESPECT TO THE AI SERVICES AI RESPONSE OR ANY OTHER SERVICES OR MATERIALS PROVIDED HEREIN AND DISCLAIMS ALL WARRANTIES INCLUDING BUT NOT LIMITED TO:

6.2 IA/ML

DUE TO THE NATURE OF MACHINE LEARNING AND ARTIFICIAL INTELLIGENCE ANY AI RESPONSE MAY NOT BE UNIQUE AND SERVICES MAY GENERATE THE SAME OR SIMILAR AI RESPONSE FOR THE CUSTOMER OR THIRD PARTY. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING AI SERVICES MAY IN SOME SITUATIONS PRODUCE INACCURATE INCORRECT OR OTHERWISE UNDESIRABLE AI RESPONSES OR OUTPUTS. THE ACCURACY QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF AI PRODUCTION DEPENDS ON AND IS PROPORTIONATE TO THE CUSTOMER DATA ENTERED INTO THE AI SERVICES AND THE CUSTOMER'S COMPLIANCE WITH THE AGREEMENT (INCLUDING THIS AI TERMS OF USE). NOTWITHSTANDING ANYTHING SET FORTH HEREIN QUALISIGN SHALL HAVE NO LIABILITY TO CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR OR IN CONNECTION WITH ANY AI RESPONSE INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE RELATED TO OR ARISING OUT OF THE AI RESPONSE OR ITS USE. CUSTOMER IS RESPONSIBLE FOR EVALUATING THE CONTENT NATURE TONE AND ACCURACY OF ANY AI RESPONSE AS APPROPRIATE FOR THE APPLICABLE USE CASE INCLUDING THE USE OF HUMAN REVIEW OF THE AI RESPONSE.

These Terms of Use have an indefinite term of duration and will be effective until all the obligations of the parties are duly fulfilled.

For more information or to answer questions contact the QUALISIGN PORTAL through Contact Us.

The jurisdiction of the District of São Paulo State of São Paulo is elected as competent to settle any disputes arising from these Terms of Use regardless of any other however privileged it may be or may be.

By browsing the QUALISIGN PORTAL or using its products and services the USER declares to be in agreement with all the clauses and conditions of these Terms of Use.