AI/ML Usage Statement

This AI/ML Usage Statement (“Statement”) is effective as of the date you (“Customer” or “you”) initially enable the applicable AI/ML Feature(s) (as defined below) within the applicable products and services provided by Litzi (as defined below) or its affiliates (“Services”). Litzi may update the terms of this Statement from time to time, provided that Litzi provides Customer with reasonable prior written notice of any material updates. If Customer does not agree to the material updates to the terms of this Statement, Customer will have the opportunity to discontinue its use of the applicable AI/ML Feature(s).

IF YOU DO NOT AGREE WITH THE TERMS OF THIS STATEMENT, YOU SHOULD NOT ENABLE OR USE ANY AI/ML FEATURES WITHIN THE SERVICES.

This Statement is between Customer and the Litzi Education Group Pty. Ltd. entity that has entered into the agreement (“Litzi”) covering Customer’s use of the Services, including any terms applicable to the processing of personal data (“processing” and “personal data” each as defined below) set forth therein (collectively, “Agreement”), and forms part of the Agreement.

1. Definitions

“AI/ML Content” means (a) any Input (as defined below) that is processed (as defined below) through an AI/ML Feature or (b) any Output (as defined below) prompted or generated by such AI/ML Feature.

“AI/ML Feature(s)” means Litzi’s or a third party’s artificial intelligence or machine learning technology, as applicable, that (a) uses Input to predict outcomes or is capable of generating new content; (b) is included as part of the Services; and (c) is enabled by Customer within Customer’s account.

“End User” means any user of (a) the Services or (b) any software application or other products and services used by Customer and used in connection with the Customer’s use of the Services under the Agreement.

“Input” means any personal data or other data or information Customer provides to Litzi to be processed via an AI/ML Feature.

“Output” means any personal data or other data or information generated by an AI/ML Feature that is prompted by or generated from, as applicable, Input.

“personal data” means any data or other information relating to an identified or identifiable natural person or as otherwise defined or interpreted under applicable data protection law or regulation. An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural, or social identity of that natural person.

“processing” (and “process”) means any operation or set of operations performed on AI/ML Content, or on sets of AI/ML Content, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination, or otherwise making available, alignment or combination, restriction, erasure, or destruction.

“processor” means the entity which processes personal data, on behalf of the controller, where “controller” means a natural or legal person, public authority, agency, or other body which, alone or jointly with others, determines the purposes and means of the processing of personal data, or as “processor” or “controller” are otherwise defined or interpreted under applicable data protection law or regulation.

“Litzi Terms & Conditions” means the Litzi Terms & Conditions, the current version of which is available at https://www.litzi.io/terms.

Any capitalized term not defined in this Section 1 will have the meaning provided in this Statement.

2. Access to AI/ML Features. Customer may choose to enable or disable an AI/ML Feature if Customer elects to use such AI/ML Feature. Customer will ensure that AI/ML Content and Customer’s use of any AI/ML Feature comply with the Agreement, this Statement, the Litzi Terms & Conditions, and the applicable AI/ML Features Documentation. All AI/ML Features are entirely optional and not required to use the Services.

3. AI/ML Features Use Restrictions. Customer may not use an AI/ML Feature (a) to develop its own artificial intelligence products, services, features, or technology, or any machine learning models or technology; and (b) to mislead anyone that an Output was solely human generated.

4. AI/ML Content

4.1 Processing of AI/ML Content. Customer and Litzi agree that Litzi and its affiliates will process personal data within AI/ML Content as a processor (a) in accordance with Customer’s instructions, as set forth in the Agreement and this Statement; (b) as necessary to make available the AI/ML Feature to Customer, which includes detecting, investigating, and preventing security incidents, network exploits and abuse, and spam; and (c) as necessary to comply with applicable law or regulation.

4.2 Output. AI/ML Features use emerging technology that may provide Output that is inaccurate, is offensive, poses a threat to public safety, or is not designed or intended to meet Customer’s needs, expectations, or legal, regulatory, or compliance obligations. Customer is solely responsible for reviewing, editing, and amending any Output before publishing, using, or relying on such Output. Due to the nature of artificial intelligence or machine learning technology, Output may not be unique, and an AI/ML Feature may generate the same or similar Output for other customers. Litzi does not guarantee the generation of Output by any AI/ML Feature.

5. Third Party AI/ML Technology. Litzi may use artificial intelligence or machine learning technology provided by a third party (“Third Party Technology”) to provide some or all of the functionality for any AI/ML Features. By using an AI/ML Feature, Customer acknowledges and permits Litzi to disclose any Input, as determined by Litzi, in its sole discretion, with a Third Party Technology provider. AI/ML Features that use any Third Party Technology are identified in Exhibit A attached hereto. Customer will comply with the applicable Third Party Technology provider’s terms identified in Exhibit A attached hereto.

6. Consent Records and Audit. Some AI/ML Features may provide automatic speech recognition technology, speech-to-text capabilities, or natural language understanding and involve the monitoring or capture of real-time transcription of End User communications by Litzi that requires informed consent from End Users in accordance with applicable law or regulation (“Consents”). Customer will obtain Consents prior to an End User’s use of, or interaction with, the applicable AI/ML Feature(s), maintain appropriate records of all Consents it has obtained, and promptly provide evidence of such Consents to Litzi upon Litzi’s written request. Litzi will have the right to audit Customer’s consent records upon thirty (30) days prior written notice, and Customer will reasonably cooperate with Litzi in connection with such audit.

7. Ownership. As between the parties, (a) Litzi exclusively owns, or its Third Party Technology providers exclusively own, as applicable, all right, title, and interest in and to the AI/ML Features and (b) Customer exclusively owns all right, title, and interest in and to AI/ML Content that is unique solely to Customer.

8. Conflict. In the event of any conflict or inconsistency between the terms of the Agreement and the terms of this Statement, the terms of this Statement will prevail with respect to the use of any AI/ML Feature.

9. Survival. The terms of this Statement will survive the expiration or termination of the Agreement.

Exhibit A

Third Party Technologies in Use by Litzi