Additional Product Terms

Last Updated January 15, 2025

THESE ADDITIONAL PRODUCT TERMS ("ADDITIONAL PRODUCT TERMS") DESCRIBE THE SPECIFIC TERMS THAT APPLY TO CERTAIN SERVICES OR FEATURES (EACH, AN "ADDITIONAL PRODUCT") OFFERED BY TRACKER NETWORKS INC. (TRACKER NETWORKS). BY USING AN ADDITIONAL PRODUCT, CUSTOMER AGREES THAT THE APPLICABLE ADDITIONAL PRODUCT TERMS GOVERN CUSTOMER'S USE OF THAT ADDITIONAL PRODUCT. THESE ADDITIONAL PRODUCT TERMS ARE INCORPORATED INTO, AND FORM A PART OF, THE TRACKER NETWORKS SOFTWARE SERVICES PURCHASE AGREEMENT (THE "AGREEMENT") BETWEEN TRACKER NETWORKS AND THE ENTITY THAT ENTERED INTO THE AGREEMENT ("CUSTOMER") WITH TRACKER NETWORKS.

Overview

In the event of a conflict between the Additional Product Terms and any other terms or conditions of the Software Services Purchase Agreement, the Additional Product Terms will control to the extent of the conflict. A violation of these Additional Product Terms is a violation of the Software Services Purchase Agreement. Capitalized terms not defined herein have the meaning given to them in the Software Services Purchase Agreement.

The services covered by these Additional Product Terms are:

Artificial Intelligence (AI) Products/Features

Tracker Networks offers its customers a number of different AI products/features that are powered by large language models ("LLM") provided by third party AI companies ("Third Party LLM Provider") and/or Tracker Networks' proprietary machine learning ("AI Products"). Use of each of the products/features listed below is governed by the AI Product Terms set out below. Tracker Networks reserves the right to update the list of AI Products from time to time.

AI Products

  • Essential AI: Essential AI is an AI-powered technology on the Essential Platform that increases the efficiency of system Users, suggests system edits, and helps system Users to generate new insights.

AI Product Terms

1. Processing by Third Party LLM Providers

When using AI Products that are powered by an LLM provided by a third party, the Third Party LLM Provider acts as a sub-processor of data submitted to the AI Product(s), including Customer Data that may be contained in Inputs (defined below).

2. Location of Processing

Currently, Third Party LLM Provider's services are hosted in the United States only. If Customer elects to use an AI Product, Customer Data sent to such Third Party LLM Providers will be processed in the United States.

3. Inputs and Outputs

Questions, data, content or information submitted to an AI Product by or on behalf of Customer ("Inputs") and answers or other results generated by an AI Product based on such Inputs ("Outputs") are deemed Customer Data under the Agreement and subject to the rights, restrictions and obligations applicable thereto. Notwithstanding the foregoing, third parties may submit information or materials that generate results that are identical or similar to Outputs ("Third-Party Results"), and Customer acknowledges it has no right, title or interest in or to any Third-Party Results.

4. Accuracy

Outputs may contain material inaccuracies and may not reflect correct, current or complete information. Do not mislead anyone that Output is human-generated. Do not rely, or encourage others to rely, on any Outputs without independently evaluating their accuracy and appropriateness of use, including by using human review. Tracker Networks makes no representations or warranties and provides no indemnities with respect to Outputs.

5. Rights to Use

Customer permits Third Party LLM Provider to use Inputs and Outputs or other Customer Data submitted to an AI Product as necessary to provide and maintain the AI Product, comply with applicable Laws, and enforce its respective policies. Notwithstanding the foregoing, the Third Party LLM Provider does not train its AI models using the data shared through Tracker Networks' AI features, and Tracker Networks does not opt into optional information sharing for training purposes.

6. Restrictions on Use

In addition to any general obligations and restrictions pertaining to Customer's use of Services under the Agreement, Customer represents and warrants that:

6.1.

Customer's use of an AI Product will not breach or violate Customer Responsibilities in section 4.2 of the Master Subscription Agreement, nor will Customer use an AI Product to generate content for dissemination in electoral campaigns or content that encourages violence, terrorism, or other serious harm;

6.2.

Customer will only provide and/or instruct to be used content from publicly accessible website(s) or other sources where the content's use (including data extraction) is explicitly permitted and/or where Customer is authorized to do so;

6.3.

Customer will not, nor permit others, to: (i) use an AI Product to develop any models that compete with Tracker Networks or Third Party LLM Provider or (ii) use any method to extract data, or infer information, from an AI Product or otherwise attempt to discover underlying components of the AI Product (e.g., models, algorithms, systems) (except to the extent such restrictions are contrary to applicable law); and

6.4.

Customer will be fully responsible for use of an AI Product (including any and all Inputs submitted) by any User of Customer.

7. Usage Limits; Availability

Tracker Networks may monitor and limit or suspend Customer's usage of an AI Product if Tracker Networks believes Customer's usage may bypass or circumvent any rate limits, negatively affect the security, operability, or integrity of any Services, violate the Agreement or otherwise impose liability on Tracker Networks. No service level agreement with Tracker Networks applies to an AI Product.

8. Disclaimer

EXCEPT AS EXPRESSLY SET OUT IN THESE ADDITIONAL PRODUCT TERMS: (A) THE AI PRODUCTS (INCLUDING ANY THIRD PARTY SOFTWARE OR SERVICES INCORPORATED THEREIN) PROVIDED BY TRACKER NETWORKS TO CUSTOMER ARE PROVIDED "AS IS", "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT ANY WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND; (B) TRACKER NETWORKS HEREBY DISCLAIMS ALL EXPRESS, IMPLIED, COLLATERAL OR STATUTORY WARRANTIES, REPRESENTATIONS OR CONDITIONS, WHETHER WRITTEN OR ORAL, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, QUALITY, INTEGRATION OR FITNESS FOR A PARTICULAR PURPOSE; AND (C) TRACKER NETWORKS DOES NOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT INTERRUPTION OR BE ERROR FREE.

9. No Liability

NOTWITHSTANDING ANY PROVISION TO THE CONTRARY IN THE REMAINDER OF THE SOFTWARE SERVICES PURCHASE AGREEMENT, TRACKER NETWORKS EXPRESSLY DISCLAIMS ANY LIABILITY FOR THE CUSTOMER'S USE OF THE AI PRODUCTS PROVIDED UNDER THIS APPENDIX B. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT THE USE OF THE AI PRODUCT IS AT THEIR OWN RISK AND THAT THE COMPANY SHALL NOT BE LIABLE FOR ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM SUCH USE.

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G2 Fastest Implementation - Enterprise Risk Management
G2 Easiest To Do Business With - Governance, Risk & Compliance
G2 Best Support Enterprise - Enterprise Risk Management
G2 Easiest To Use Mid-Market - Enterprise Risk Management
G2 High Performer - Enterprise Risk Management
G2 Most Implementable Mid-Market - Enterprise Risk Management
G2 Easiest Admin - Enterprise Risk Management
G2 High Performer - Governance, Risk & Compliance
G2 Best Meets Requirements Mid-Market - Enterprise Risk Management
G2 Easiest To Do Business With Mid-Market - Enterprise Risk Management
G2 Best Support - Enterprise Risk Management
G2 High Performer Mid-Market - Enterprise Risk Management
G2 Users Most Likely To Recommend Mid-Market - Enterprise Risk Management
G2 Easiest Setup Mid-Market - Enterprise Risk Management
G2 High Performer Enterprise - Enterprise Risk Management
G2 Best Support Mid-Market - Enterprise Risk Management
G2 Fastest Implementation Mid-Market - Enterprise Risk Management
G2 Easiest Admin Mid-Market - Enterprise Risk Management
G2 Best Meets Requirements - Enterprise Risk Management
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