VIANAI SYSTEMS, INC.
Application Services Supplemental terms

The following Application Services Supplemental Terms apply to the specific Application Services indicated below. In the event of a conflict or inconsistency between the terms of these Application Services Supplemental Terms and the terms of the Master Subscription Agreement (the “Agreement”) or other agreements with us governing your use of the Services, the terms and conditions of this Application Services Supplemental Terms apply. Capitalized terms used but not defined herein have the meanings given to them in the Agreement.

1. Application Services.

These supplemental terms in this Section 1 apply with respect to your use of each of our Application Services, in addition to other terms in the Agreement.

(a) Use Authorization. Customer and its Authorized Users may access and use the Application Service indicated in the applicable Order Form solely for Customer’s internal business purposes, subject to these terms.

(b) Third-Party Costs for Data. You are responsible for separately procuring any commercially available training or input data, beyond what is pre-loaded into the Application Service, if any, at your sole and separate expense. We have no responsibility to procure or provide such third-party training or input data, but may assist in doing so pursuant to a separate agreement.

(c) Vianai LLM Services. If you choose to utilize a Vianai-provided large language model (“LLM”) or customized LLM (and not third-party) and associated services, the terms applicable to Vianai LLM Services will apply.

2. Conversational Finance.

The following specific supplemental terms apply with respect to your use of our Application Service, Conversational Finance (“CF”). CF provides you the ability to query Customer Data consisting of structured financial information from your selected sources (“Sources”), such as applications, databases, websites and other sources that you own or control (“Customer Properties”) for processing by CF, including creating dashboard views, and for your further use. You enable the collection of Customer Data from Customer Properties by providing CF with API or other means of access. </span>

(a) Access Authorization. By enabling use of CF with any Source, you authorize CF to access your accounts with such Source for the purposes described in this Agreement. You represent and warrant to us that your use of the Services will comply with any applicable terms of service, privacy policies or other agreement governing the Customer Properties or your accounts with third-party Sources.

(b) Similarity of Content. Due to the nature of machine learning, Customer Results may not be unique across users and the Services may generate the same or similar output for you or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Customer Results.

(c) Accuracy. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Customer Results that do not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Customer Results as appropriate for your use case, including by using human review of the Customer Results.

(d) Disclaimer of Warranties. In addition to all warranties disclaimed in the Agreement and otherwise, and without limiting the generality of those limitations, your use of CF is subject to the additional, specific warranty disclaimers: CF IS PROVIDED WITHOUT ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT CF IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT CF, OR YOUR USE OF CF, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT CF, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM CF, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, CF AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF CF, AND YOUR RELIANCE THEREON.

(e) Additional Indemnity. In addition to the Customer indemnities set forth in the Agreement, Customer’s obligation to defend and indemnify Vianai Indemnitees will include any claim, demand, suit or proceeding made or brought against a Vianai Indemnitee by a third party arising from (a) your use of the results, content, data, or information provided via CF; (b) your breach or violation of any applicable terms of service, privacy policies or other agreement governing the Customer Properties or your accounts with third-party Sources; or (c) any service or product offered by you in connection with or related to your use of CF.

3. Vianai LLM Services.

We may make large language models and associated services available to you as a Service that contains Vianai Intellectual Property Rights (a “Vianai LLM Services”).

(a) Similarity of Content. Due to the nature of machine learning, Customer Results may not be unique across users and the Services may generate the same or similar output for us or a third party. For example, you may provide input to a model such as “What color is the sky?” and receive output such as “The sky is blue.” Other users may also ask similar questions and receive the same response. Responses that are requested by and generated for other users are not considered your Customer Results.

(b) Accuracy. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Customer Results that do not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Customer Results as appropriate for your use case, including by using human review of the Customer Results.

(c) Prohibited Uses. Notwithstanding anything to the contrary, you may not use Customer Results or other output from the Services to develop models that commercially compete with Vianai.

(d) Third party licenses. Certain Customer Results generated by our Services (such as computer code) may be subject to third party licenses, including, without limitation, open-source licenses.

(e) Disclaimer of Warranties. In addition to all warranties disclaimed in the Agreement and otherwise, and without limiting the generality of those limitations, your use of the Vianai LLM Services is subject to the additional, specific warranty disclaimers: THE VIANAI LLM SERVICE IS PROVIDED WITHOUT ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY WARRANTIES THAT THE VIANAI LLM SERVICE IS CURRENT AND/OR UP-TO-DATE ARE HEREBY EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE VIANAI LLM SERVICE, OR YOUR USE OF THE VIANAI LLM SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE VIANAI LLM SERVICE, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE VIANAI LLM SERVICE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE VIANAI LLM SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE VIANAI LLM SERVICE, AND YOUR RELIANCE THEREON.

(f) Additional Indemnity. In addition to the Customer indemnities set forth in the Agreement, Customer’s obligation to defend and indemnify Vianai Indemnitees will include any claim, demand, suit or proceeding made or brought against a Vianai Indemnitee by a third party arising from (a) your use of the results, content, data, or information provided via the Vianai LLM Services; or (b) any service or product offered by you in connection with or related to your use of the Vianai LLM Services.