Spekit AI Addendum

These AI Terms apply to Customer’s access and use of any Spekit AI feature(s) and forms part of the Master Services Agreement (the “Agreement”) between Customer and Spekit Inc. (”Spekit” or “Company”). Any capitalized terms used but not defined herein have the same meaning as the same or substantially equivalent term in the Agreement.

1. Definitions:

“AI-Generated Artifacts” means system-generated technical data or model-produced representations (such as embeddings, vectorized data, or algorithmic weights) created internally by Spekit AI or its third-party models to support the operation of the Services.

“AI Providers” means OpenAI and Google Gemini or other AI Providers identified in Spekit’s then-current subprocessor list found here.

“Spekit AI” means any feature(s) or functionality made available by Spekit that utilize artificial intelligence trained by machine learning using Spekit and/or third-party data models, which may be labeled or otherwise described as Spekit AI. 

“Data” means information provided, inputted, or uploaded to the Services by Customer or on Customer’s behalf.

“Generalized Artificial Intelligence Models” refers to broadly trained machine learning systems, trained on diverse datasets, that are designed to generate content or perform complex tasks across a wide range of use cases, customers, or domains, and that produce general-purpose outputs rather than supporting specific system functions or workflows.

“Input” means questions or information which may include Data as provided by the Customer to Spekit AI for processing.

“Output” means responses generated by Spekit AI and presented back to the Customer as a result of using Spekit AI based on Input provided to Spekit AI by Customer and which may or may not contain Data or other questions asked to Spekit AI as Input.

2. Customer Data, Inputs and Spekit AI Output. For purposes of this Agreement, Output shall be deemed Customer Data; however, Spekit retains a perpetual, royalty-free right to use such Output in aggregated or de-identified form for service improvement, analytics, and quality assurance, consistent with Section 9. Spekit AI features form part of the Service, but any content or Output produced through its use does not constitute the Service for purposes of indemnification or warranty. Customer is solely responsible for the development, content, operation, maintenance, use, and dissemination of its Inputs and Data. Customer will ensure that neither Customer Data nor Customer’s use of Spekit AI or any Output will: (i) violate any applicable law; (ii) violate these Spekit AI Terms, the Terms and Conditions of Exhibit A, or any content and use policies Spekit may implement from time to time; or (iii) infringe, violate, or misappropriate any of Spekit’s rights or the rights of any third party. Customer further represents and warrants that Customer has all rights, licenses, and permissions needed to provide the Input to the Spekit AI. Customer acknowledges that, due to the nature of generative AI and the technology powering Spekit’s AI features, Spekit AI Output may not be unique and Spekit AI may generate the same or similar output to Spekit or a third party. For avoidance of doubt, Customer’s ownership of Output does not preclude Spekit or others from independently generating substantially similar output.

3. Ownership of AI-Generated Technical Artifacts. Customer acknowledges and agrees that certain AI-Generated Artifacts created internally by Spekit AI or its underlying third-party models are system-generated technical data that support the operation of the Services and do not constitute Customer Data and are not owned by the Customer. Spekit grants the Customer a limited, non-exclusive, terminable license to use any functionality enabled by such AI-Generated Artifacts solely as intended within the scope of Spekit’s Services and in accordance with this Agreement.

Customer further acknowledges that while these AI-Generated Artifacts may be derived from Customer’s Input or Data, they also reflect proprietary processes, configurations, and techniques of Spekit AI and its third-party model providers. Spekit and its third-party model providers retain all rights, title, and interest in and to such AI-Generated Artifacts and the underlying models, methodologies, and technologies.

4. Participation and Termination. Customer’s use of Spekit AI is optional. If Customer would like to opt-out of Spekit AI, please send a request to support@spekit.com.

5. Risks and Limitations. Customer acknowledges that artificial intelligence and machine learning technologies may have inherent limitations and risks Customer acknowledges that Customer is solely responsible for (i) developing internal policies regarding the appropriate use of artificial intelligence technologies and training authorized users on such policies, (ii) providing transparency and explainability notices and obtaining all necessary consents required by Applicable Laws, and (iii) implementing sufficient human oversight for the use of Spekit AI. By using Spekit AI, Customer acknowledges and agrees that Spekit 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 Customer may find unsafe, harmful, or offensive. If Customer encounters any Output that is inaccurate, unsafe, harmful, biased, unfair, offensive, or otherwise inappropriate, Customer should report it to support@spekit.com so Spekit can continue to iterate and improve these features. 

6. Spekit AI Use Restrictions. Customer will not provide Input or attempt to generate Spekit AI Output through Spekit AI that consists of any sensitive or regulated information, including but not limited to: (i) Protected Health Information as defined by HIPAA or similar statutes, or health, genetic, biometric record data in general; (ii) government-issued identification numbers of any kind; or (iii) personal financial or bank account information. Customer may not use Spekit AI: (i) to develop foundation models or other large-scale models that compete with Spekit or Spekit AI; (ii) to mislead any person that Spekit AI Output was solely human-generated; (iii) to generate spam, fraudulent or inappropriate content for dissemination; (iv) in a manner intended to extract model weights, bypass security controls, or prompt-inject confidential information or (v) in a manner that violates any technical documentation, usage guidelines, or parameters. Additionally, Customer’s use of Spekit AI is subject to fair usage restrictions that Spekit may determine in its sole discretion. Customer acknowledges and agrees that if Customer exceeds what Spekit, in its sole discretion, determines to be fair usage, Spekit may restrict, throttle, or suspend use of Spekit AI as needed to protect system integrity or ensure equitable access.

7. Intellectual Property. As between the parties, Spekit owns all right, title, and interest in and to the Spekit AI and any resulting Usage Data, including all intellectual property and proprietary rights therein and notwithstanding anything else to the contrary in these Spekit AI Terms, except for the rights provided herein, no other rights or permissions to Spekit AI is granted. Usage Data does not include Customer Personal Data except in aggregated or de-identified form.

8. WARRANTY DISCLAIMER. Spekit AI and related Outputs are provided “as is” for informational purposes only. Spekit does not represent or warrant that any Output or recommendation will be accurate, complete, or compliant with applicable laws. Customer is responsible for independently evaluating and verifying the accuracy and suitability of any Spekit AI Output for its intended use.

Spekit disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any warranties of merchantability, non-infringement, or fitness for a particular purpose. No oral or written information or advice provided by Spekit or through the Spekit AI shall create any warranty not expressly stated herein.

All indemnification obligations in Section 11 and the limitations of liability and exclusions in Section 12 of the Master Services Agreement apply equally to these AI Terms and the Spekit AI features.

9. Improving Spekit AI. Spekit may use Customer Data, Input, and Output solely to provide and improve the functionality of the Spekit AI features for the Customer’s benefit. Spekit will not use Customer Data, Input, or Output to train or improve Generalized Artificial Intelligence Models unless explicitly authorized in writing by the Customer. 

10. Additional Processing Instructions. To the extent Customer Data provided as Input to Spekit AI contains Customer Personal Data (as that term is used or similarly defined in the Spekit’s Data Processing Agreement in place between the parties if accepted by the Customer), Customer instructs Spekit to process the Customer Personal Data for the additional purpose of providing the Spekit AI functionality and Spekit AI Output. Customer acknowledges that for the purposes of Customer’s use of Spekit AI, Spekit uses AI Providers to provide certain features and functionality of Spekit AI.