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Last Updated: 22 May, 2025

These Torq AI Terms (“Torq AI Terms”) form an integral part of the Torq Technologies Master Service Agreement or any other mutually executed agreement entered into between Torq and Customer identified in such agreement (“Agreement”). These Torq AI Terms apply to Customer’s use of any artificial intelligence (AI) features and functionalities made available by Torq as part of the Cloud Services (“Torq AI”). Torq reserves the right to modify these Torq AI Terms by providing Customer advance written notice (in the event of a material change) or by updating the terms on Torq’s website. Customer’s use of Torq AI after the implementation of said change will be deemed as acceptance by Customer of said change. Capitalized terms used below which are not defined herein will have the meaning set forth in the Agreement, or the meaning of such equivalent or similar term set forth in the Agreement. In the event of a conflict with the Agreement and these Torq AI Terms, the Torq AI Terms will take precedence to the extent required to resolve such conflict.

  1. Description of Torq AI. Torq AI includes the following features and functionalities:
    • Torq Hyperautomation™ includes AI features to assist users in building workflows, such as AI Workflow Builder, AI Code Completion and AI Data Transformation.
    • Torq HyperSOC™, Torq’s case management module built on Torq Hyperautomation, includes Torq’s Socrates AI Analyst and AI case summary.

    For further information on the above functionalities, please refer to Torq’s Documentation.

  2. Input and Output. Customer may submit certain data, content or information to Torq AI for processing (“Input”) and receive results generated by Torq AI based on the Input (“Output”). Input and Output will be deemed Customer Data, and will be subject to the rights, restrictions and obligations applicable thereto as set forth in the Agreement. Customer hereby represents and warrants that it has all rights, licenses, permissions and/or authority required to provide Input to Torq AI. Customer will be solely responsible for all Input and use of Output, including using independent human review to evaluate the accuracy and appropriateness of the Output for Customer’s use case. Customer acknowledges that: (a) due to the nature of machine learning and the technology powering Torq AI, Output may not be unique to Customer, and Torq AI may generate the same or similar output for third parties; and (b) Customer has no right, title or interest in or to any such similar third parties’ outputs or results.
  3. Third Party Model Providers. Torq AI utilizes AI models provided by the third parties listed in Torq’s Sub-processor list, as may be updated from time to time (“Third Party Model Providers”). Customer acknowledges that Third Party Model Providers will use Input and Output (including any personal data included in any Input) as necessary to provide Torq AI and to comply with applicable laws and enforce policies. By using Torq AI, Customer agrees to use Torq AI in accordance with the usage policies of each Third Party Model Provider, and to ensure that its users comply with the same, including inter alia, the following policies:
  4. Processing of Personal Data. If Customer elects to include personal data in any Input: (a) such processing activities will be governed by the Data Processing Agreement entered into between Torq and Customer as part of the Agreement; and (b) all Third Party Model Providers will be deemed Sub-processors of Torq.
  5. No Training. Torq does not use any Customer Data, nor does Torq permit any third party to use Customer Data, to train or fine-tune any AI model used to provide Torq AI.
  6. Torq AI Use Restrictions. In addition to Customer’s obligations and restrictions pertaining to Customer’s use of the Cloud Services, Customer will not, nor allow any third party to, directly or indirectly: (a) use Torq AI in any way to develop any models or any product or service which is the same as, substantially similar to or otherwise competitive with Torq AI or the Cloud Services; (b) mislead any person that any Output was solely human generated; (c) discover, extract or attempt to discover or extract the underlying components of Torq AI, or use web scraping or other data extraction methods to extract data from Torq AI; (d) use Torq AI in a manner which violates any technical documentation, usage guidelines or other parameters of Torq and its Third Party Model Providers (including Torq’s Acceptable Use Policy, or as otherwise appended to the Agreement, and applicable usage policies of each Third Party Model Provider), or in a manner which bypasses any protective measures; and/or (e) use Torq AI to infringe any third party rights or violate any applicable laws, including but not limited to privacy rights, intellectual property rights, and sanctions and export control laws. In the event that any Input is alleged to be unlawful or otherwise in breach of these Torq AI Terms, Customer acknowledges that Torq may disclose Input and/or Output to law enforcement or other governmental authorities, or in response to any court order.
  7. NO WARRANTIES. TORQ DISCLAIMS ALL WARRANTIES REGARDING TORQ AI, OUTPUT AND/OR ANY RESULTS OBTAINED FROM USING TORQ AI. TORQ AI IS PROVIDED “AS IS”, “WITH ALL FAULTS” AND ״AS AVAILABLE״, WITHOUT ANY WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, AND TORQ EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OR REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR REPRESENTATIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUALITY, COMPLETENESS, NON-INFRINGEMENT, RELIABILITY, AVAILABILITY AND PERFORMANCE. TORQ DOES NOT WARRANT OR REPRESENT THAT TORQ AI AND/OR OUTPUT WILL BE UNINTERRUPTED, ERROR OR BUG FREE, NON-OFFENSIVE, NON-INFRINGING, NON-HARMFUL ACCURATE, LAWFUL OR APPROPRIATE. CUSTOMER’S USE OF AND RELIANCE UPON TORQ AI, THE OUTPUT AND/OR ANY RESULTS THEREOF ARE ENTIRELY AT CUSTOMER’S OWN DISCRETION AND RISK, AND TORQ AND ITS LICENSORS (INCLUDING THIRD PARTY MODEL PROVIDERS) WILL HAVE NO LIABILITY WHATSOEVER TO CUSTOMER IN CONNECTION WITH ANY OF THE FOREGOING.
  8. Indemnification. In addition to any indemnification obligation under the Agreement, Customer agrees to indemnify, defend, and hold Torq and its Affiliates harmless against any and all liabilities, damages, and costs (including reasonable attorneys’ fees) arising out of a claim of any third party in connection with: (a) Customer’s use of Torq AI in violation of these Torq AI Terms; or (b) the Input. Notwithstanding anything to the contrary, any limitation of liability provisions in the Agreement will not apply to the foregoing indemnification obligations.
  9. Usage and Payment. Customer’s use of Torq AI may be subject to certain usage limitations. Torq reserves the right to monitor Customer’s use of Torq AI and limit or suspend Customer’s usage of Torq AI if Torq reasonably believes that such usage surpasses these usage limitations, and/to charge Customer additional fees for any such overage. Any such additional payment for overages will be in accordance with the pricing set forth in the applicable ordering document executed by Torq and Customer.
  10. Service Levels Not Applicable. Notwithstanding anything in the Agreement, any downtime of Torq AI that due to a Third Party Model Provider will not be deemed unscheduled downtime for the purpose of calculating service levels and availability of the Cloud Services.
  11. Pre-Released Services. If Torq AI is made available as a pre-released service, Customer’s use thereof will be governed by applicable terms addressing use of pre-released services set forth in the Agreement.
  12. Changes to Torq AI. Customer acknowledges that due to the uncertain and evolving nature of technologies powering Torq AI, Torq may change existing Torq AI capabilities provided that such changes do not materially downgrade the functionality of existing Torq AI. In addition, Torq may introduce new Torq AI features and functionalities from time to time, in respect of which advance notice will be given to Customer.

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