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FEATURED REPORT
2026 Industrial Ecommerce & Digital Selling Benchmark Report
Scope & Precedence. These Generative-Artificial Intelligence Terms (“Gen-AI Terms”) govern Client’s use of Zoovu features that use machine learning or generative AI (collectively, “AI Features”). They are incorporated by reference into the Agreement and control over conflicting terms for the AI Features only.
Definitions. All capitalized terms not defined in this Gen-AI Terms shall have the meanings set forth in the Agreement.
“Deployer” has the meaning assigned to it under Article 3(4) of the EU AI Act.
“EAA” means the European Economic Area, comprising the Member States of the European Union together with Iceland, Liechtenstein, and Norway, as such area may be modified or expanded from time to time.
“EU AI Act” means the Regulation (EU) 2024/1689 laying down harmonized rules on artificial intelligence
“Input” means prompts, data or content Client or its End Users submits to an AI Feature.
“Output” means content generated by an AI Feature.
“Client AI-related Content” means Client Content, including Inputs and Outputs and Usage AI Data.
“Template Prompts” are sample prompts Zoovu provides.
“Usage AI Data” means analytics regarding the performance, uptime and AI Feature utilization.
“Third-Party AI” means AI services operated by Client or a third party and integrated with the Subscription Services.
“Usage AI Metrics” include credits, token or similar consumption units specified in an Order.
EU AI Act; Classification and Roles. Zoovu provides AI Features intended only for limited-risk use cases (not Annex III “high-risk” uses of the EU AI Act). Client is the Deployer when it uses the AI Features within its own environment and is responsible for complying with all deployer obligations where Client makes the AI Features available in the EEA or where any Output is used in the EEA. Zoovu will supply technical documentation and implementation guidance reasonably necessary for Client to use the AI Features consistently with their intended purpose.
Transparency and Labeling. Where end-users interact with an AI Feature, Client must ensure users are informed they are interacting with an AI system (unless obvious, as determined in Client’s discretion). Zoovu may include a default informative text embedded within the AI Feature; however, this text is provided solely as template and does not constitute legal advice. Clients have full discretion and flexibility to supply and display their own texts, policies, terms and conditions, notices or disclaimers on AI Features (the “Disclosure”) or to adapt the template provided. Clients are solely responsible for ensuring that the Disclosures comply with applicable laws, including privacy regulations and national legal frameworks. Zoovu disclaims any liability relating to the use, implementation, or configuration of the template provided or its compliance with applicable laws.
Client Responsibilities. Client will: (i) obtain all rights and consents for Inputs; (ii) review Outputs (human-in-the-loop) for accuracy, suitability and legal compliance before reliance or disclosure; (iii) implement oversight and logging appropriate to its use; and (iv) not use AI Features for prohibited or high-risk of EU AI Act Annex III scenarios (credit, employment, education, etc.).
Ownership. As between the Parties, to the extent permitted by the applicable law, Client owns the Inputs and the Outputs.
Licenses and Permitted Use. Client grants Zoovu a limited, non-exclusive, worldwide, royalty-free license to process Client AI-related Content solely for the following purposes:
Zoovu shall not sell, disclose, or otherwise make available Client AI-related Content to any third party, except (i) as required to perform the Services, (ii) as required by law, or (iii) with Client's express written consent
Accuracy/Use Disclaimers. Due to the nature of the AI Features, Outputs may be inaccurate, incomplete, or out-of-date and may not be unique or exclusive to Client and its End Users and are provided for general guidance; They are not professional advice. Client is responsible for validating Outputs and for any decisions based on them. Outputs are generated through machine learning processes and are not tested, verified, endorsed or guaranteed to be accurate, complete or current by Zoovu. Client should independently review and verify all Outputs as to appropriateness for any or all Client use cases or applications. Warranty disclaimers and limitations of liability set forth in the Agreement for the Services apply equally and in addition to the AI Features.
Restrictions. Client will not:
Usage Limits & Fair Use. Usage may be subject to certain limits, ceilings, or maximum allowances of Usage AI Metrics as set forth in the applicable Order. Zoovu may charge overages at the rates in the Agreement. If the Order does not specify Usage AI Metrics for the AI Features (i.e., no limits, ceilings, or maximum allowances), then, to maintain platform stability and equitable access for all Clients, Client’s use of the AI Features is subject to the following Fair Use Policy (“FUP”): “Fair Use” means usage that (i) aligns with Client’s historical or reasonably forecast volumes for the Subscription Services and (ii) reflects normal, good-faith end-user traffic. “Excessive Use” may occur where, over a rolling thirty (30)-day period, usage materially exceeds reasonable expectations (for illustration only, sustained levels around three times (3×) the average of the prior three (3) months or reasonable forecast assumptions where historical data is limited) or where traffic is likely to cause material service degradation to Client or other Zoovu Clients, or presents a security risk.
Zoovu will make any Excessive Use assessment reasonably and in good faith, taking into account seasonality, launches, expected scaling, and campaigns notified by Client. Zoovu may monitor Usage AI Metrics for this purpose. If Zoovu identifies Excessive Use, it will notify Client and provide supporting data. Following such notice, the parties will cooperate in good faith to validate the traffic and agree on reasonable mitigations, for example, configuration changes, staged rollouts, time-of-day scheduling, mutually agreed throttling parameters, or payment of overage fees, so that Client can continue to scale without unduly impacting platform stability. If the parties are unable to reach agreement on such mitigations within a reasonable period, Zoovu may charge Client overage fees at its then-current rates.
Zoovu will not limit usage without prior written notice and a reasonable cure period (typically five (5) business days; shorter if necessary to address imminent stability or security risk). If a material risk persists after the cure period, or if the parties fail to reach mutually agreed mitigations within that period, Zoovu may implement proportionate, temporary technical controls (e.g., suspension or throttling). The parties will continue to work in good faith toward a mutually acceptable solution, and Zoovu will provide data supporting any measures taken.
Traffic attributable to Zoovu-managed incidents or clearly abusive/non-human events (e.g., DDoS attacks, scraping, test floods, unauthorized reselling or sharing, circumvention attempts) is excluded from this FUP. Zoovu may immediately block malicious traffic to protect the Services.
Infringement by Outputs. Due to the nature of the AI Features, Zoovu does not represent or warrant that (a) any Output do not incorporate or reflect third-party content or materials or (b) any Output will not infringe third-party intellectual property rights. Zoovu shall not be required to defend, hold harmless or indemnify Client against any claims of intellectual property infringement or misappropriation by Outputs, and Zoovu shall not be liable if any Output infringe or misappropriate any third- party intellectual property rights.
Indemnity Carve-outs. Zoovu has no indemnity obligation for claims arising from: (a) Client Inputs or use of Outputs; (b) Client’s use of AI Features in combination with Third-Party AI; (c) deployment in high-risk scenarios; or (d) use contrary to documentation provided by Zoovu, the law or these Gen-AI Terms.
Changes to these Gen-AI Terms. Zoovu reserves the right to modify or replace these Gen-AI Terms at any time. If a revision is material, Zoovu will provide at least thirty (30) days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Zoovu’s sole discretion. Notwithstanding any other provision, Zoovu agrees that any material modifications to these Gen-AI Terms will not apply to the then-current Subscription Period if such changes would: (i) materially reduce the benefits provided, (ii) materially impair Zoovu’s ability to deliver the AI Features, or (iii) materially diminish Client’s rights. By continuing to access or use AI Features after those revisions become effective in a new Subscription Period, Client agrees to be bound by the revised Gen-AI Terms.
These AI Terms were last updated on November 7 th , 2025.
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