Version of 01/12/2025
This Appendix ("Appendix AI") is an integral part of the Agreement and supplements the General Terms and Conditions applicable to the provision of the AI Features integrated into the Solution. Capitalized terms not defined in this Appendix shall have the meaning assigned to them in the General Terms and Conditions or in the Data Processing Addendum.
This Appendix defines the terms and conditions for the activation, use, supervision, security, pricing, deactivation, and limitation of the AI Features integrated into the Solution, as referred to in Article 6.3 of the General Terms and Conditions.
It applies as soon as the Client activates, uses, or allows its Users to use the AI Features. In the event of a conflict between this Appendix and the General Terms and Conditions, this Appendix shall prevail with respect to all matters concerning the AI Features.
For the purposes of this Appendix:
"Input Data": Client's or its Users' Data provided via the Solution for the use of an AI Feature (prompts, texts, contexts, files, parameters).
"Output Data": contents, results, recommendations, suggestions, classifications, or any other elements generated via the AI Features.
"AI Features": any feature, current or future, utilizing artificial intelligence models, including language, classification, extraction, prediction, generation, or recommendation models, integrated into the Solution.
"Freemium Quota": the free volume of use of the AI Features made available by Skello, according to the terms defined in Article 5.
3.1. Activation. The AI Features are accessible depending on the Subscription purchased. The Client activates and deactivates these features via the administrator settings of the Client Account or by making a request to Skello.
3.2. Deactivation. The Client may deactivate all or part of the AI Features at any time. Deactivation shall have the following effects:
4.1. Mandatory Human Supervision. The AI features provide automatically generated results. The Client is required to perform appropriate human supervision, in compliance with the AI Act. No operational, HR, disciplinary, or financial decision shall be taken without human validation.
4.2. Lawful use.The Client undertakes not to use the AI Features:
4.3. Data accuracy and quality. The Client is solely responsible for the quality, accuracy, and lawfulness of the Input Data. Skello shall not be liable for the consequences of an erroneous or non-compliant use of the Output Data.
5.1. Included features. The AI Features may be included in a Subscription. Deactivation of an AI Feature by the Client shall not result in a reduction of the Subscription price or a pro rata refund.
5.2. Price Revision. The prices of the AI Features shall be revised under the same conditions as the Subscription price, as stipulated in Article 11.1 of the GTC.
5.3. Free provision. Skello may make certain AI Features available to the Client free of charge, including a limited volume of use ("Credits"), determined by Skello at its discretion. The Credits:
In the event that the predetermined number of Credits is reached:
6.1. Automatic regulation. Skello may implement automatic regulation mechanisms (volume, frequency, or capacity limitations) to ensure the security, stability, and availability of the service.
6.2. Temporary suspension. These mechanisms may result in a temporary suspension or slowdown of the AI Features. Temporary suspension or slowdown caused by automatic regulation mechanisms shall not constitute an Anomaly within the meaning of Article 9.1 of the General Terms and Conditions.
6.3. No obligation of continuity for free usage Credits. No availability guarantee is owed for the AI Features used via the free Credits.
Skello may retain logs relating to AI interactions for the purposes of supervision, security, abuse detection, compliance with GDPR and the AI Act, and service quality improvement. These logs:
8.1. Ownership. The Client remains the owner of the Input Data. The Output Data is made available to the Client, subject to Skello's rights over the AI Features, underlying models, algorithms, and systems.
8.2. License on Input Data. The Client grants Skello a non-exclusive, worldwide, and free license to (i) provide the AI Features, (ii) ensure security, supervision, and service quality, and (iii) comply with applicable legal obligations.
8.3. Exclusions of Warranties Related to Output Data. The Output Data:
The Client alone bears the consequences of their use.
The processing of Personal Data carried out within the scope of the AI Features is executed in accordance with Article 15 of the General Terms and Conditions, the Data Processing Addendum, annexed to the Agreement and which shall prevail in case of contradiction, and the specific obligations of the AI Regulation concerning transparency, user information, and human supervision. Skello guarantees not to use the Input Data or the Output Data to train its models or those of third parties.
Skello may modify, adapt, suspend, or withdraw any AI Feature for reasons:
Skello is not obliged to maintain a previous feature.
The exclusions and limitations of liability provided for in Article 12 of the General Terms and Conditions apply in full to the AI Features. No liability shall be incurred as a result of the Output Data or the decisions taken by the Client based on them.
Skello makes available to the Client usage documentation relating to the AI Features via the online help center (https://help.skello.io). This documentation is informative, subject to change, and has no contractual value.
Any modification of Appendix AI shall be notified in accordance with Article 22 of the General Terms and Conditions.
