This EveryMatrix (“EM”) AI Technology Addendum (the “AI Terms”) forms a part of and is hereby incorporated into the relevant agreement (“Service Agreement”).
These AI Terms apply to EM Customers’ access and use of AI Technology (as defined further below) in the context of the Service Agreement. Any capitalized terms used but not defined herein have the same meaning as the same or substantially equivalent term in the Service Agreement.
1. Definitions:
“AI Technology” means any artificial intelligence capabilities, products, services, functionalities provided to EM Customers in the context of the Service Agreement, including machine-based systems designed to operate with varying levels of autonomy that may exhibit adaptiveness after deployment and that, for explicit or implicit objectives, infer from the input they receive how to generate outputs such as predictions, content, recommendations, or decisions that can influence physical or virtual environments.
“EM AI Technology” the AI Technology which is developed or has been developed by EM and placed on the market under EM’s own name or trademark for commercial purposes.
“EM Customer” means a legal entity which has executed a Service Agreement with EM.
“Data” means information, which may include Player Data, as processed within the context of the Service Agreement.
“Output” means results generated by the AI Technology as a result of using AI Technology based on Data provided to such technology by EM Customers (“Input”). The said results follow within different categories (e.g. recommendations, prediction, classifications).
“EU AI Act” means the Regulation (EU) 2024/1689 of the European Parliament and of the Council laying down harmonized rules on Artificial Intelligence and amending certain Union legislative acts, as may be amended from time to time.
2. Data, Inputs and Output. When EM Customers use EM AI Technology, while EM retains all rights and interests in EM AI Technology, Output shall be EM Customers’ Data.
2.1. Notwithstanding the foregoing, EM Customers agree that EM owns and shall retain all right, title and interest in and to all operational and performance data related to EM Customers’ use of EM AI Technology, including, without limitation, which features are used and similar data, customer feedback and metadata created in connection with EM AI Technology, together with analysis of such operational and performance data and derived findings, correlations, discoveries, and other insights or learnings derived by EM from such analysis (collectively, “Performance Data”).
2.2. EM Customers agree and understand that in relation to AI Technology, separate terms, including different privacy and security terms, govern EM Customers’ use of non-EM AI Technology. EM makes no representations or warranties regarding AI Technology nor with respect to the ownership of any Output generated through the use of AI Technology. EM Customers acknowledge and agree that the ownership and intellectual property rights of AI Technology or related Output may be subject to the terms and conditions of applicable AI Technology providers. EM disclaims any liability arising from or related to the ownership or use of such Output from AI Technology.
2.3. EM Customers are solely responsible for the development, content, operation, maintenance, use, and dissemination of their Inputs and Outputs. EM Customers will ensure that neither Input nor EM Customers’ use of AI Technology or any Output will:
(i) violate any applicable law;
(ii) violate these AI Terms, the terms from the Service Agreement, or any content and use policies EM may implement from time to time;
or (iii) infringe, violate, or misappropriate any of EM’s rights or the rights of any third party. EM Customers further represent and warrant that EM Customers have all rights, licenses, and permissions needed to provide the Input to the AI Technology.
2.4. EM Customers hereby irrevocably agree to assign their rights against AI Technology providers to EM if deemed necessary by EM, by way of illustration only, for dispute resolution, regulatory compliance, or to protect the EM’s interests. EM may, at its sole discretion, enforce these rights to ensure compliance, address breaches, or mitigate risks. This assignment shall be effective upon written notice from EM to EM Customers.
3. EM AI Technology Training. EM, unless explicitly opted out by EM Customers in writing, can use any Data to train, improve, or modify EM AI Technology or to benefit any third parties. EM Customers grant to EM a revocable, non-exclusive, transferable, sublicensable, assignable, royalty-free, worldwide right and license to use Data in this respect.
4. Risks and Limitations. AI Technology has known and unknown risks and limitations. EM Customers acknowledge that EM Customers are solely responsible for (i) developing own internal policies regarding the appropriate use of these technologies and training relevant users on such policies, (ii) providing transparency and explainability notices and obtaining all necessary individuals’ consents required by applicable laws, and (iii) implementing sufficient human oversight for the use of AI Technology.
4.1. By using AI Technology, EM Customers acknowledge and agree that EM is not responsible for (a) any inaccuracies or errors in the Output, (b) any biases, lack of fairness, or limitations of the underlying algorithms or data, or (c) any Output that may be found unsafe, harmful.
4.2. EM shall in no circumstances honor any claim to the extent arising from: (a) fine-tuning, customization, or modification of EM AI Technology by any party other than EM, or (b) the Input or any Data an EM Customer provides to EM.
4.3. If an EM Customer encounters any Output that is inaccurate, unsafe, harmful, biased, unfair, offensive, or not appropriate, such customer shall report it to the relevant AI Technology providers or, in the case of EM AI Technology, the customer shall report it to EM so that EM can continue to iterate and improve this technology.
5. Restrictions.
5.1. Competitive Use
EM Customers understand and accept that they shall not and will not develop a similar or competing AI Technology to EM AI Technology. EM may immediately suspend or terminate EM Customers’ use of EM AI Technology based on any suspected violation of the preceding sentence.
6. Termination Rights (“Kill Switch”)
6.1. EM reserves the right, at its discretion, to immediately suspend or terminate access to AI Technology (or terminate the Service Agreement as the case may be), without incurring any liability or penalty if:
Such technology poses security risks to EM’s infrastructure, systems, or information;
AI Technology usage adversely affects EM’s capabilities to perform and deliver EM Services;
EM Customers use AI Technology in breach of AI Technology relevant use instructions, without appropriate notices to and consent from individuals, or beyond the scope of the intended purposes attached to the relevant AI Technology;
EM Customers use or undertake any action that could lead to reclassifying AI Technology under stricter regulatory categories; or
There is a change in the risk classification of AI Technology resulting in its categorization as “high-risk”, or when EM reasonably deems that the AI Technology does not fit with EM’s own risk management.
7. Entire Agreement; Modification; Conflicts. These AI Terms, together with the terms from the Service Agreement constitute the entire agreement between EM and EM Customers, and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. Except for EM exercising its right to unilaterally modify or replace these AI Terms as described above and EM Customers’ acceptance of such modified or replaced AI Terms through EM Customer’s continued use of AI Technology following the posting of such modified or replaced AI Terms, no modification, amendment, or waiver of any provision of these AI Terms shall be effective. To the extent of any conflict or inconsistency between the provisions in the body of these AI Terms and the terms of Service Agreement, the terms of these AI Terms shall prevail.
Last updated: March 2025