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Additional Terms

AI FEATURES ADDENDUM TO TERMS OF SERVICE AND PRIVACY POLICY

This AI Features Addendum ("Addendum") supplements the existing Terms of Service and Privacy Policy of BuildPass Pty Ltd (the "Company") and sets forth the terms under which users may opt into using AI-powered features ("AI Features") provided by BuildPass. By opting into the AI Features, users agree to the terms outlined in this Addendum, in addition to the overarching Terms of Service and Privacy Policy.

1. AI Features Description

The AI Features are designed to enhance the BuildPass platform's functionality, offering advanced data analysis, project management tools, and predictive insights to improve construction project outcomes. These features leverage machine learning algorithms and large language models (LLM) provided by third-party AI service providers.

2. Consent to Use AI Features

(a) Users must explicitly opt into using the AI Features. By opting in, users consent to the processing of their data by the AI Features, including any personal information contained within the data submitted to the AI Features.

(b) Users acknowledge that AI Features may process their data outside of Australia, primarily in the United States or other jurisdictions where the third-party AI service providers operate. Users consent to the international transfer of their data as required for the provision of AI Features.

3. Data Protection and Privacy

The Company commits to maintaining the confidentiality and security of all user data processed by the AI Features in line with the existing Privacy Policy and data protection laws. The processing of personal data by third-party AI service providers will be governed by data processing agreements that align with legal standards for data protection.

4. User Responsibilities

(a) Users are responsible for ensuring that the data they provide for processing by AI Features does not infringe on the rights of any third party and complies with all applicable laws and regulations.

(b) Users must not use the AI Features to generate content that is illegal, unethical, or harmful. The Company reserves the right to suspend access to the AI Features for users who violate these terms.

5. Intellectual Property

Inputs submitted to and outputs generated by the AI Features are treated as User Data under the existing Terms of Service, with the Company and the user retaining their respective rights. Users grant the Company a license to use the inputs and outputs for the purpose of providing AI Features, subject to the terms of the Agreement.

6. Disclaimer of Warranties

The Company does not guarantee that the outputs generated by the AI Features will be accurate, complete, or suitable for the user's intended purposes. Users should exercise their own judgment in relying on AI Features outputs.

7. Amendment and Termination

The Company reserves the right to amend this Addendum at any time. Continued use of the AI Features after such amendments constitutes acceptance of the new terms. Users may opt out of the AI Features at any time, which will result in the cessation of data processing under this Addendum.

8. Restrictions on Use

In addition to the general obligations and restrictions outlined in the Agreement, the Customer agrees and warrants that:

(a) Compliance with Laws, Terms, and Third-Party Policies: The Customer's use of AI Features will comply with all applicable laws, regulations, the Terms of Service, and the acceptable use policies of third-party AI providers, including but not limited to Anthropic's Acceptable Use Policy and OpenAI's Policies. This commitment extends to not using AI Features in ways that violate third-party rights, agreements, or any directives provided by Anthropic and OpenAI.

(b) Prohibited Content and Activities: Without limiting the generality of the foregoing, the Customer specifically agrees not to use the AI Features to generate or disseminate content prohibited by Anthropic's and OpenAI's policies, including but not limited to content that promotes violence, hate speech, or illegal activities.

(c) Authorised Use of Content: The Customer will ensure that all content processed by the AI Features complies with the legal terms and conditions of use, including adherence to the guidelines and restrictions set forth by Anthropic and OpenAI. The Customer warrants that the use of third-party content through the AI Features is properly authorised and does not infringe on any copyrights or other proprietary rights.

(d) Respect for AI Policies: The Customer acknowledges the importance of complying with the Acceptable Use Policies of Anthropic and OpenAI, understanding that such compliance is crucial to maintaining access to the AI Features. The Customer agrees to regularly review these policies to ensure ongoing compliance and to adjust their use of the AI Features as necessary to align with any updates or changes to these policies.

(e) Notification and Remedy: Should BuildPass become aware of any use of AI Features by the Customer that is alleged or determined to be contrary to Anthropic's or OpenAI's acceptable use policies, BuildPass will notify the Customer of such issue. The Customer agrees to promptly take all necessary steps to remedy the situation and bring their use of the AI Features into compliance.

9. Usage Limits and Service Availability

BuildPass may impose reasonable usage limits and retains the right to monitor, limit, or suspend access as previously described, ensuring equitable access and adherence to the terms and policies, including those of third-party AI providers.

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