This AI Addendum ("Addendum") forms a legally binding agreement between OutSmart International B.V. ("OutSmart", "we", or "us") and the customer ("Customer", "you") opting into the OutSmart AI features. By toggling the AI features to "On" in the OutSmart admin environment, you explicitly accept these terms. The Addendum supplements the existing customer agreement and prevails over conflicting general terms. AI features are optional and in beta. OutSmart may change, suspend, or withdraw them without affecting the core subscription.
1. Specific Authorisation of Sub-Processor
Customer authorizes sharing customer data with providers engaged by OutSmart to deliver the AI features. By accepting this Addendum, you provide specific authorisation under GDPR Article 28(2) for OutSmart to use the following sub-processor specifically for the provision of AI features:
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Sub-Processor
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Service
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Location / Region
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Amazon Web Services
EMEA SARL
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AWS Bedrock (providing Anthropic Claude models)
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European Economic Area (EEA) - EU Regions (e.g., Frankfurt/Ireland)
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Data is strictly processed within the EEA. Cross-Region Inference is disabled, and customer inputs/outputs are never used by AWS or Anthropic to train base models.
2. Data Processing Specifications (Appendix A Supplement)
When you use the AI features (e.g., for work-order summaries, rewrites, and quotation drafting), the following data processing parameters apply to your interactions:
- Data Subjects: Customer employees/staff, technicians, and end-customer contact persons.
- Categories of Data: Photos, free-text notes, work-order JSON data, quotation details, and personal names/contact info included in those fields.
- Nature of Processing: Ephemeral transmission of the aforementioned data to the external AI model (AWS Bedrock) solely for generating the requested text, summaries, or descriptions. Data is not retained by the sub-processor after the generation request is fulfilled.
3. AI Output, Probabilistic Limitations, and Liability
Generative AI systems operate probabilistically. By using these features, you acknowledge and agree to the following:
- Verification Requirement: AI-generated content may be inaccurate, incomplete, or inappropriate. You must always review the AI output ("Controleer altijd de AI-uitvoer") before utilizing, saving, or sending it to third parties (including private individuals in B2C scenarios).
- Customer Responsibility: The Customer bears sole responsibility for the final output, including any quotations drafted with AI assistance.
- Liability Carve-out: To the maximum extent permitted by law, OutSmart shall not be liable for any direct or indirect damages, losses, or claims arising from the reliance on, or use of, AI-generated outputs containing errors, hallucinations, or inaccuracies.
- Acceptable Use: You agree not to use the AI features for any high-risk activities, illegal content generation, or purposes prohibited by the EU AI Act or the model provider's Acceptable Use Policy.
4. Transparency and Disclosures
The OutSmart interface provides human-readable indicators (e.g., icons and warnings) when content is generated by AI. Furthermore, text generated by the AI features contains a machine-readable statistical watermark applied by the model provider to comply with Article 50(2) of the EU AI Act. You agree not to intentionally remove or obscure any human-readable AI generation notices provided in the OutSmart interface or on generated documents.
5. Changes to AI Sub-Processors
OutSmart may change or add new AI sub-processors in the future. We will provide advance notice of such changes. Because the AI features are an optional add-on:
- If you object to the new sub-processor, your sole and exclusive remedy is to disable (opt out of) the AI features.
- If you do not accept the updated terms or sub-processor, OutSmart reserves the right to automatically disable the AI features for your tenant.
- Your core OutSmart subscription and non-AI features will remain completely unaffected by this opt-out.
6. Changes
OutSmart may update this Addendum. The Customer may reject an update by disabling the AI features before the update takes effect. Continued use constitutes acceptance of the changes. OutSmart may disable AI features for Customers that reject and update.
