SECTION 1. AI IDENTIFICATION

• 1.1 AI Services. Customer acknowledges that AI Services are available as part of the Services and provided as part of Customer’s Service Plan or as an add-on.
• 1.2 Generative AI Services. Generative AI Services are identified to enable Customer control over Generative AI Services use including, where applicable, the ability to disable them at any time.

SECTION 2. AI GOVERNANCE AND SECURITY

• 2.1 Ethical and Responsible Use of AI. Zendesk will maintain and adhere to commercially reasonable policies and procedures consistent with industry standards relating to the ethical or responsible use of AI technologies.
• 2.2 Assessments and Testing. As the provider of the AI Services, Zendesk will perform commercially reasonable risk assessments and testing of the AI Services to identify potential harms, including, where applicable, evaluating for inaccuracies, hallucinations, and bias, and will take commercially reasonable steps to mitigate such risks. Zendesk’s obligations in this Section 2.2 do not replace Customer’s obligations under applicable laws, rules or regulations, including any obligations to perform risk assessments.
• 2.3 Third-Party Claims and Litigation Status. As of the Addendum Effective Date, there are no formal third-party claims, investigations or litigation proceedings pending against Zendesk in relation to the AI Services which would limit, restrict, or prevent Customer’s use of the AI Services.

SECTION 3. SERVICE DATA AND MODEL TRAINING

• 3.1 Service Data. Between the Parties, Customer is the sole owner of all Service Data which includes Customer AI Input and AI Output. If Customer uses Generative AI Services, Service Data will not be used by any LLM Provider for any purpose other than to provide and secure the AI Services.
• 3.2 Zendesk Obligations. Zendesk’s obligations under the Agreement and the Data Processing Agreement apply to the AI Services, including obligations with respect to the use of Sub-processors and technical and organizational measures deployed to protect Service Data.
• 3.3 Notification. Customer agrees to (i) notify End-Users of the use of the AI Services; or (ii) obtain End-User’s prior consent for the use of the AI Services, including situations where AI Services may process or use End-User personal data, if such notification or consent is required by applicable law.

SECTION 4. RESPONSIBILITY FOR AI SERVICES

• 4.1 Customer Responsibility. Customer is responsible for deploying AI Services for their use case and acknowledges that Zendesk does not control the deployment. Customer must use AI Services in compliance with applicable laws, including laws governing the automated profiling and decision-making about natural persons, and will ensure any requirements of notice, transparency, and choice are met. Customer will not use AI Services in ways that classify them as “unacceptable risk” or “high-risk” AI systems as defined in the EU AI Act.
• 4.2 Zendesk Responsibility. Zendesk is responsible for the development of the AI Services to the extent Zendesk is the developer of the AI Services, except that Zendesk is not responsible for any modifications to the AI Services by or at the direction of Customer. Zendesk will comply with applicable laws in developing the AI Services.

SECTION 5. DEFINITIONS

“AI” means any machine-based system that, for a given set of human-defined objectives, (i) make predictions, recommendations, or decisions influencing real or virtual environments, (ii) use machine- and human-based inputs to perceive real and virtual environments, (iii) abstract perceptions into models through analysis in an automated manner, and (iv) use model inference to formulate options for information or action.

• “AI Output” means any data or other output generated or returned through the AI Services.
• “AI Services” means any Services provided by Zendesk to Customer which leverage AI technology but excluding any pre-release access.
• “Customer AI Input” means any data, submission, prompt or other input that is directly submitted by Agents or End-Users to or through an AI Service to generate an output.
• “EU AI Act” means the Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13 June 2024 on artificial intelligence, as amended from time to time.
• “Generative AI Services” means AI Services capable of generating new text, images, or other content as outputs, rather than only generating outputs containing the input data, training data, or other predefined content.
• “LLM Provider” means applicable third-party providers of large language models which are integrated into Generative AI Services.

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