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AI Features Terms

Effective July 2, 2024 (Version 1.0)

These AI Features Terms (these “Terms”) are made as part of, incorporate, and are subject to the Nx Terms of Service, between Narwhal Technologies, Inc. (“Nx”, “we” or “our”) and you (the “Terms of Use”). The AI Features (as defined below) are deemed a feature included in the “Software”. If there is a conflict between the Terms of User and these Terms with respect to the AI Features, these Terms control. “AI Features” means select Nx features and functions, powered by AI, to enhance CI processes, including to (i) provide debugging assistance by analyzing errors in CI runs, and summarizing differences in hash record details and (ii) determine optimal agent requirements for CI pipeline executions.

In addition to, and without limiting the use restrictions in the Terms of Use, you will not (and will not attempt to) at any time, directly or indirectly, and will not permit any Person (including, without limitation, your Authorized Users) sell Output to any third parties, share Output with any third parties or use Output to develop any artificial intelligence models that compete with our products and services. “Output” means any insights, recommendations or bug fixes generated by the AI Features.

In addition to, and without limiting the warranty disclaimers in the Terms of Use, due to the nature of machine learning, Output may not be unique and the Software may generate the same or similar output for you or a third party. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE AI FEATURES MAY IN SOME SITUATIONS PRODUCE OUTPUT THAT IS INACCURATE, INCORRECT, OFFENSIVE OR OTHERWISE UNDESIRABLE. THE ACCURACY, QUALITY AND COMPLIANCE WITH APPLICABLE LAW OF THE OUTPUT IS DEPENDENT UPON AND COMMENSURATE WITH THAT OF YOUR DATA MADE AVAILABLE BY YOU AND YOUR COMPLIANCE WITH THE TERMS OF USE AND THESE TERMS, AND NOTWITHSTANDING ANYTHING ELSE SET OUT HEREIN, NX WILL NOT HAVE ANY LIABILITY OR RESPONSIBILITY TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OR DAMAGES RELATING TO OR ARISING FROM THE OUTPUT OR THEIR USE. Use of Output is at your own risk, and you must evaluate the content, nature, tone and accuracy of any Output as appropriate for the applicable use case, including by using human review of the Output.