ARTIFICIAL INTELLIGENCE ADDENDUM

December 20, 2025

The terms of this Artificial Intelligence Addendum ("AI Addendum") apply to a Customer's use of AI Technology as may be offered by Seismic Software, Inc. or its affiliates ("Seismic"). This AI Addendum supplements, amends, and is incorporated into the terms of the Customer Order Forms, Main Subscription Agreement, or other agreement of a different name between Seismic and Customer relating to the sale of Seismic Services (the foregoing, collectively the "Agreement").

In the event of a conflict or inconsistency (i) between this AI Addendum, and the Agreement, the terms of this AI Addendum shall control with respect to the subject matter herein; and (ii) among the terms of the Agreement, this AI Addendum, and any executed data processing agreement, addendum or similar agreement ("DPA"), the terms of the DPA will prevail. Terms or conditions that are more restrictive, specific, or particular than those contained in another document shall not be construed as being in conflict or inconsistent.

  1. DEFINITIONS

    Terms used in this AI Addendum will have their normal or common meaning, except that the defined or capitalized terms below will have the specified meanings in this AI Addendum or as provided in the Agreement.

    1. "AI Technology" means any Seismic technology, systems, features, functionality that (i) generates or enables the generation of content in response to inputs and (ii) is, includes, uses, or is otherwise powered by using large language models or any computer system and/or software and/or machine learning that can perform tasks typically requiring human intelligence, such as visual perception, speech recognition, decision-making, natural language understanding, and identifying patterns or relationships in a dataset, which are embedded, enabled or otherwise made part of or available by Seismic through, in or in connection with Seismic Services.
    2. "Generated Content" means any documents, templates, messages, formats, images, videos, audio, or other content developed by, or in part by, the AI Technology in response to Customer inputs. Due to the nature of machine learning, Generated Content may not be unique across users, and the AI Technology may generate the same or similar Generated Content for other parties.
    3. "Training Data" means data used to train or improve an algorithm or AI model.
  2. TRANSPARENCY

    Upon Customer's reasonable written request and subject to Seismic’s confidentiality and proprietary rights, Seismic shall provide general, non-proprietary information about the AI Technology, including its intended capabilities, and known limitations. Customer agrees that it shall not use any such information or statements as the basis for asserting a material breach claim under the Agreement.

  3. DATA USAGE AND PROTECTION
    1. Data Ownership and Use. As between the Parties, Customer shall retain all of its rights, title, and interest in and to any input provided by Customer as part of its use of AI Technology. Seismic acknowledges that it obtains no additional rights in Customer Content, beyond those agreed to in the Agreement. Customer is solely responsible for its input and for ensuring that it does not violate the rights of a third party, violate applicable law or the Agreement terms.
    2. Restrictions on Data Use. Seismic shall not use Customer Content to train its AI Technology without Customer's prior express written consent. Seismic may retain Customer Content as necessary for system operations, provision and support of the Services, security, and compliance, provided such retention does not constitute use as Training Data.
  4. INTELLECTUAL PROPERTY RIGHTS

    1. Rights to Generated Content. As between the Parties, and subject to applicable laws, Seismic assigns to Customer and Customer shall retain all rights, title and interest to Generated Content created specifically by Customer users for Customer. Notwithstanding the foregoing, Customer acknowledges that Generated Content is produced by AI Technology that may have been trained on third-party data, and Seismic makes no representation or warranty that Generated Content is free from third-party intellectual property rights. Customer is solely responsible for reviewing Generated Content for potential third-party intellectual property issues before using. Customer agrees not to remove or alter any watermarks or Content Authenticity Initiative metadata that may be generated with the Generated Content or otherwise attempt to mislead others about the origin of the Generated Content.

    2. Rights to AI Technology. As between the Parties, Seismic retains all rights, title, and interest in the AI Technology, including all algorithms, models, and underlying technology. Seismic uses technology provided by Microsoft Azure OpenAI ("Azure AI") to provide certain of the AI Technology. You must not use Azure AI in a manner that violates its Code of Conduct, including the Acceptable Use Policy referenced therein.

    3. License to Input and Generated Content. Customer grants Seismic a limited, non-exclusive license to use Customer input and Generated Content solely for the purposes of providing, supporting, securing, and improving the products and services provided to Customer.

  5. COMPLIANCE AND GOVERNANCE

    1. Compliance with Laws. Each party shall comply with all laws, regulations, and industry standards applicable to it and relating to the use of AI Technology, including data protection and privacy laws. Customer is solely responsible for ensuring that its Users are made aware of best practices for using AI Technology and use the AI Technology in compliance with all applicable laws, regulations, and guidelines, including, without limitation, laws relating to bias, discrimination, fairness, and privacy.

    2. Risk Management. Seismic has implemented and shall maintain a risk management framework that reflects established principles of trustworthy artificial intelligence, including measures designed to avoid harmful bias against members of protected classes.

    3. Regulatory Cooperation. Seismic shall reasonably cooperate with Customer's written requests for information concerning the AI Technology as necessary for Customer to comply with applicable laws, regulations, or regulatory inquiries.

    4. Audit Rights. Upon at least thirty (30) days' prior written notice and no more than once per twelve (12) month period, Customer may audit Seismic's compliance with this AI Addendum, limited to reviewing policies, procedures, and controls relevant to Seismic's obligations under Section 3 (Data Usage and Protection) and Section 5.1 (Compliance with Laws). Such audits shall be conducted during normal business hours and in a manner that minimizes disruption to Seismic's business operations and subject to reasonable confidentiality obligations. Customer shall bear all costs of such audits.

  6. REPRESENTATIONS AND WARRANTIES

    1. AI TECHNOLOGY PROVIDED "AS IS." EXCEPT AS EXPRESSLY SET FORTH IN THIS AI ADDENDUM, THE AI TECHNOLOGY AND ALL GENERATED CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. SEISMIC MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE AI TECHNOLOGY, CUSTOMER INPUT, OR GENERATED CONTENT, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT IT WILL BE ERROR-FREE, OR NON-INFRINGEMENT.

    2. Customer Responsibility. Customer is solely responsible for reviewing, validating, and approving all Generated Content before using or relying on it in any manner. Customer acknowledges that AI Technology may produce Generated Content that requires human review and judgment before use, implementation, or reliance.

    3. Inherent Limitations. Customer acknowledges that AI Technology has inherent limitations, including that: (a) AI Technology may produce unexpected, inaccurate, or biased Generated Content; (b) AI Technology may not be suitable for any or all business purposes or contexts; (c) AI Technology may evolve and change over time as models are updated; and (d) AI Technology Generated Content should not be relied upon without appropriate human review and validation.

  7. INDEMNIFICATION

    1. Limited Indemnification by Seismic. Seismic shall defend Customer against any claim, demand or suit made or brought against Customer from and against any third-party claims, actions, or proceedings alleging that the AI Technology in Services purchased by Customer, excluding any input or Generated Content, as provided by Seismic and used in accordance with this AI Addendum and the Agreement, directly infringes or misappropriates the intellectual property rights of such third party ("AI Claim") and indemnify Customer from any damages, reasonable attorney fees and costs finally awarded against Customer as a result of, or for amounts paid by Customer under a settlement approved by Seismic in writing of, an AI Claim. The obligations in this Section are subject to Customer (a) promptly giving Seismic written notice of the AI Claim, (b) giving Seismic sole control of the defense and settlement of the AI Claim (except that Seismic may not settle any AI Claim against Customer unless it unconditionally releases Customer of all liability), and (c) giving Seismic all reasonable assistance. The Seismic indemnification obligation hereunder shall not apply to claims arising from: (a) Customer Content, inputs, instructions provided to the AI Technology, and Generated Content; (b) Customer's modification or misuse of the AI Technology or Generated Content; (c) Customer's combination of the AI Technology or Generated Content with any third-party product, service, or content; (d) Customer's continued use of the AI Technology after Seismic has notified Customer to discontinue use due to a potential infringement claim; or (e) Customer's use of the AI Technology in violation of this AI Addendum, the Agreement, the Seismic Acceptable Use Policy ("Seismic AUP"), or applicable laws.

    2. Indemnification by Customer. Customer shall defend, indemnify, and hold Seismic harmless from and against any third-party claims, actions, or proceedings arising from: (a) Customer Content, Customer input or instructions provided to the AI Technology; (b) Customer's use of the Generated Content; or (c) Customer's violation of the Seismic AUP or applicable laws or regulations in connection with its use of the AI Technology or Generated Content.

    3. Indemnification Remedies. In the event that the AI Technology becomes, or in Seismic's opinion is likely to become, the subject of an infringement claim, Seismic may, at its option and expense: (a) procure for Customer the right to continue using the AI Technology; (b) replace or modify the AI Technology to make it non-infringing while maintaining substantially equivalent functionality; or (c) if neither (a) nor (b) is commercially reasonable, terminate Customer's right to use the infringing AI Technology and refund any prepaid fees for the unused portion of the applicable Service Term.