Supplemental Terms Governing the Use of Artificial Intelligence in Technical Support and Related Services

Last updated: August 27, 2026

PREAMBLE

This Cloudian AI Terms of Use (these “AI Terms”) is an agreement between Cloudian, Inc., a Delaware corporation (“Cloudian”), and the Licensee that has entered into the Cloudian End User License Agreement (the “EULA“) and/or Cloudian’s Technical Support Terms (the “Support Terms“). These AI Terms supplement, and do not replace, the EULA (located at cloudian.com/disclosures/end-user-license-agreement) and the Support Terms (located at cloudian.com/disclosures/technical-support-terms). Capitalized terms not defined in these AI Terms have the meaning given to them in the EULA or the Support Terms, as applicable.

By using or interacting with any AI Tool (defined below) made available by Cloudian in connection with a Cloudian Product or Technical Support, Licensee agrees to be bound by these AI Terms in addition to the EULA and the Support Terms.

1. RELATIONSHIP TO OTHER AGREEMENTS

1.1 Order of Precedence. These AI Terms are supplemental to, and incorporated by reference into, the EULA and the Support Terms. As between the parties, with respect to Licensee’s interaction with an AI Tool specifically, these AI Terms govern; for all other matters, the EULA and the Support Terms govern in accordance with their own terms. Nothing in these AI Terms narrows any right or remedy Cloudian has under the EULA or the Support Terms.

1.2 No Separate Consideration. These AI Terms do not create a separate support obligation, service level, or license grant. AI Tools are made available solely as a feature of, and subject to the same limitations, disclaimers, and liability caps that apply to, Technical Support and the applicable Cloudian Product under the EULA and the Support Terms, as supplemented by Section 8 of these AI Terms.

2. DEFINITIONS

2.1 “AI Tool” means any artificial intelligence or machine learning-based feature, model, or system that Cloudian makes available in connection with Technical Support or a Cloudian Product, including features used to triage, prioritize, or summarize Cases; suggest or draft responses or Workarounds; power a self-service chatbot or virtual assistant; or analyze Diagnostic Data (as defined in Section 5.2 of the EULA) to flag potential Errors.

2.2 “AI Output” means any content, classification, suggestion, summary, or other output generated by an AI Tool.

2.3 “Case” means a request for Technical Support submitted by an Authorized Support Contact through the Support Portal or another channel Cloudian designates.

2.4 Other capitalized terms used in these AI Terms — including “Licensee,” “Cloudian Product,” “Licensed Software,” “Documentation,” and “Diagnostic Data” — have the meanings given to them in the EULA, and “Technical Support,” “Support Portal,” “Authorized Support Contact,” “Error,” “Workaround,” and “Business Hours” have the meanings given to them in the Support Terms.

3. HOW CLOUDIAN USES AI TOOLS

3.1 General Authorization. Cloudian may use AI Tools at any stage of Technical Support, including to acknowledge, triage, prioritize, draft, deliver, and resolve responses to a Case, and to analyze Diagnostic Data or Case history to assist in that process. An AI-generated substantive response delivered to Licensee in accordance with these AI Terms may constitute Cloudian’s response for purposes of Section 4 of the Support Terms.

3.2 Evolving Use. Cloudian’s use of AI Tools under this Section 3 is expected to expand over time as the underlying technology and Cloudian’s own practices mature. Cloudian is not required to amend these AI Terms merely because the scope, degree of automation, or specific AI Tool used in Technical Support changes, provided such use remains consistent with these AI Terms.

3.3 Internal Controls. Cloudian maintains internal policies and procedures governing which categories of Cases or responses are eligible for AI-generated handling and the degree of human oversight applied. Those internal policies are not part of these AI Terms and may be updated by Cloudian from time to time without notice, provided Cloudian’s disclosure and escalation commitments in Sections 6 and 7 continue to apply.

4. ACCEPTABLE USE

If Licensee or an Authorized Support Contact interacts with an AI Tool, Licensee agrees that it will, and will ensure that each Authorized Support Contact will:

  • Comply with all applicable laws and with Section 3.2 of the EULA (Other Restrictions) when submitting any information to an AI Tool;
  • Not submit personal data or sensitive information through an AI Tool beyond what is reasonably necessary to describe the Error or issue;
  • Not attempt to use an AI Tool to extract Cloudian’s source code, specifications, or roadmap, consistent with Sections 3.2(f) and 3.2(h) of the EULA; and
  • Not rely on AI Output as the sole basis for a decision with legal, safety, or significant operational consequences to Licensee’s production environment.

5. ASSUMPTION OF RISK; NO ADDITIONAL WARRANTY

5.1 Developing Technology. Artificial intelligence is an evolving field. Cloudian does not warrant, and expressly disclaims, any representation that an AI Tool or AI Output is accurate, complete, reliable, or error-free. The limited warranties in Section 8.1 of the EULA do not extend to AI Output, and the disclaimer in Section 8.4 of the EULA and Section 4 of the Support Terms applies equally to AI Tools and AI Output, including where an AI-generated response resolves or closes a Case.

5.2 Accuracy. AI Output, including an AI-generated response that resolves or closes a Case, may be incomplete, outdated, or incorrect. Licensee should exercise reasonable judgment and, where appropriate, independently verify any AI-generated guidance before relying on it in a production environment and may request further assistance through the escalation process described in Section 7.

5.3 Legal and Regulatory Risk. Laws and regulations governing AI are new and continue to develop. Cloudian may adjust the scope or manner of its use of AI Tools, including in response to legal, regulatory, security, or safety considerations, without liability to Licensee.

6. DISCLOSURE OF AI-GENERATED RESPONSES

 

6.1 AI-Generated Response Notice. Cloudian will identify responses delivered directly to Licensee that are generated by an AI Tool using a notice substantially similar to: “This response was generated by Cloudian’s AI support assistant.

6.2 Regulatory Notices. Where applicable law requires additional or different disclosure regarding Licensee’s or an Authorized Support Contact’s interaction with an AI Tool, Cloudian will provide that disclosure in the manner required by such law.

7. HUMAN ESCALATION

An Authorized Support Contact may request that a Case be handled or reviewed by a human Cloudian support representative at any time, through the Support Portal or another channel Cloudian designates, consistent with Section 2.2 of the Support Terms. Cloudian will honor such a request within a reasonable time appropriate to the Case’s severity.

8. NO ADDITIONAL LIABILITY EXPOSURE

THE LIMITATIONS OF LIABILITY IN SECTION 9 OF THE EULA AND SECTION 5 OF THE SUPPORT TERMS APPLY TO ANY CLAIM ARISING OUT OF OR RELATING TO AN AI TOOL OR AI OUTPUT, INCLUDING ANY CLAIM THAT AN AI-GENERATED RESPONSE WAS INACCURATE, INCOMPLETE, OR RESULTED IN AN UNSUCCESSFUL RESOLUTION, TO THE SAME EXTENT AS IF SUCH CLAIM AROSE OUT OF TECHNICAL SUPPORT GENERALLY. THESE AI TERMS DO NOT CREATE ANY LIABILITY, WARRANTY, OR INDEMNIFICATION OBLIGATION BROADER THAN THOSE SET FORTH IN THE EULA AND THE SUPPORT TERMS.

9. DIAGNOSTIC DATA AND THIRD-PARTY AI PROVIDERS

9.1 Diagnostic Data. As permitted under Section 5.2 of the EULA, Cloudian and its business partners may use Diagnostic Data, including through an AI Tool, to provide, support, and enhance Cloudian’s products and services and to determine usage trends. This Section does not expand Cloudian’s rights to Diagnostic Data beyond those already granted in Section 5.2 of the EULA.

9.2 Third-Party AI Providers. Cloudian may use third-party service providers, including providers of artificial intelligence models and related technologies, in connection with the provision and operation of AI Tools. Any such use will be subject to Cloudian’s applicable confidentiality, privacy, and data security obligations.

9.3  Any Third Party Software incorporated into an AI Tool remains subject to the applicable third-party license terms referenced in Section 1.11 of the EULA, in addition to these AI Terms.

10. GENERAL PROVISIONS

10.1 Force Majeure, Severability, Assignment, No Waiver, Relationship of the Parties, Notices, and Interpretation. Sections 12.1, 12.2, 12.3, 12.6, 12.7, 12.8, and 12.9 of the EULA (or, if Licensee has no EULA in effect, Sections 7.1, 7.2, 7.3, 7.6, 7.7, 7.8, and 7.9 of the Support Terms) apply to these AI Terms as though fully set forth herein.

10.2 Governing Law; Dispute Resolution. These AI Terms are governed by the laws of the State of California, consistent with Section 12.4 of the EULA and Section 7.4 of the Support Terms. Any dispute relating to these AI Terms (other than claims for injunctive or other equitable relief) will be resolved by arbitration in San Mateo, California under the then-prevailing Commercial Arbitration Rules of the American Arbitration Association, consistent with Section 12.5 of the EULA and Section 7.5 of the Support Terms.

10.3 Entire Agreement; Amendment. These AI Terms, together with the EULA and the Support Terms, contain the entire agreement of the parties with respect to Licensee’s use of AI Tools, and supersede any prior or contemporaneous understanding on that subject. Cloudian may modify these AI Terms from time to time by posting an updated version at cloudian.com/disclosures; no such modification will apply retroactively to reduce a commitment Cloudian made to Licensee regarding a specific Case prior to the modification being posted.