This Generative AI End-User License Agreement Addendum (“Addendum”) is an additional document to the MontyCloud Platform Subscription Terms and Conditions (“Platform Terms”) found at https://montycloud.com/platform-terms/ and forms a legally binding agreement between a Customer of MontyCloud whose employees are users of the MontyCloud DAY2 platform, and all such users thereto (collectively the “Users”) and MontyCloud (the “Company” or “we”). This Addendum is specifically intended to cover the usage of the CloudOps Copilot – and interactive AI-powered agent (hereinafter “Agent”) built on Amazon Web Services (“AWS”) services, provided by the Company. For the avoidance of doubt, this Addendum, and not the underlying Platform Terms, apply to Users’ use and Company’s provision of the Agent.  By accessing, using, or interacting with Agent, the User agree to the terms and conditions outlined in this Addendum and the Company’s Privacy Policy available at https://montycloud.com/platform-privacy-policy.  

This agreement is executed on behalf of the Users by a person of requisite authority at the Customer. By using the Agent, the Users acknowledge that they have read, understood, and agreed to the terms and conditions of this Addendum and the Agent Privacy Policy. If any individual User at the end-customer does not agree with these terms, they must not use the Agent. 

The User acknowledges that the Agent is provided as a beta offering only and understands that the Company reserves the right to, at any time, temporarily or permanently, modify or discontinue the Agent and/or any features associated with the Agent with or without notice and for any reason, including performing maintenance, repairs, or upgrades.  

1. Agent Usage 

1.1 Authorization: The Company grants the User a non-exclusive, non-transferable, revocable, and limited license to access and use Agent during the Term solely for the User’s internal business purposes in accordance with the use cases described herein, as an interactive way to streamline the management, monitoring, and operations for a customer’s cloud environments that are connected to the MontyCloud Platform. The Agent is designed to serve as a conversational interface, facilitating interaction between users of the MontyCloud Platform and their cloud environments to improve user experience and operational efficiency. Further information about use of the Agent will be periodically updated and is described by the Company’s official documentation and user guides found at https://support.montycloud.com. 

1.2 Compliance with Applicable Laws: The User agrees to use Agent in compliance with all applicable laws and regulations, including but not limited to laws governing data privacy, intellectual property rights, and export control. 

1.3 Prohibited Usage: The User shall not use Agent for any unlawful, harmful, or malicious purposes, including but not limited to: 

a.    Attempting to gain unauthorized access to Agent or any associated systems or networks.  

b.    Uploading, transmitting, or storing any content that is illegal, infringing, defamatory, or harmful.

c.    Interfering with or disrupting Agent functionality or the Company’s network infrastructure. 

d.    Reverse-engineering, decompiling, or attempting to derive the source code of Agent. 

2. Data Usage and Privacy

2.1 Data Ownership: The User retains ownership of all data, content, and information uploaded or processed through Agent. However, the Company may collect and use certain data for the purpose of improving the services, as outlined in the MontyCloud Privacy Policy.

2.2 Data Security: The Company will take reasonable measures to protect the security and confidentiality of User data, as described in the Agent Privacy Policy Addendum. However, the Company leverages AWS for underlying infrastructure and subject to the AWS Shared Responsibility Model, and therefore cannot guarantee absolute security and shall not be held liable for any data breaches or unauthorized access. 

3. Intellectual Property 

3.1 Ownership: The User acknowledges that the Agent, including its algorithms and any associated intellectual property rights, is owned exclusively by the Company. 

3.2 User-Generated Content: Any content or data generated by the User using the Agent may be subject to intellectual property rights. The User grants the Company a limited, exclusive, royalty-free license to use, reproduce, and modify such User-generated content solely for the purpose of providing and improving the Agent. 

3.3 Confidential Information. The User acknowledges and agrees that Company is not responsible for identifying information any User provides to the Agent, and that any information the User provides to the Agent may lose its status as confidential or proprietary. Users therefore waive the rights to have such information treated as confidential or proprietary if they choose to share with the Agent in a prompt.  

4. Term and Termination 

4.1 Term.  This Addendum commences on the date when the User first accesses the Agent and continues in full force and effect until this Addendum is terminated in accordance with this section or based on a Customer’s MontyCloud Purchase Terms. 

4.2 Termination by Company: The Company reserves the right to terminate the User’s access to the Agent at its discretion, with or without cause, and without notice. 

4.3 Termination by User: The User may terminate their usage of the Agent by ceasing to use it and emailing support@montycloud.com to disable the Agent. 

5. Disclaimer of Warranty and Limitation of Liability 

THE AGENT, AND THE INFORMATION ON OR AVAILABLE THROUGH THE AGENT, IS PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATION, WARRANTIES, OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.  WE DO NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE AGENT WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.  WE DO NOT WARRANT THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE AGENT WILL BE ACCURATE OR RELIABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXCLUDE ALL REPRESENTATIONS AND WARRANTIES RELATING TO THE AGENT, OR RELATED CONTENT, FOR WHICH IS OR MAY BE PROVIDED BY ANY AFFILIATES OR ANY OTHER THIRD PARTY, INCLUDING IN RELATION TO ANY INACCURACIES OR OMISSIONS IN THE AGENT AND/OR OUR DOCUMENTATION. 

IN NO CASE SHALL WE, OUR EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR ANY INJURY, LOSS CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, DAMAGE CAUSED TO YOUR COMPUTER, COMPUTER SOFTWARE, SYSTEMS AND PROGRAMS, AND THE DATA THEREON, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE ARISING FROM YOUR USE OF THE AGENT OR IN ANY WAY RELATED TO THE AGENT, INCLUDING BUT NOT LIMITED TO ANY ERRORS OR OMISSIONS IN ANY USE OF THE AGENT OR ANY CONTENT OR PRODUCT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE.    

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

6. Entire Agreement 

This Addendum, in conjunction with the Agent Privacy Policy Addendum and the MontyCloud Subscription Terms and Conditions and the MontyCloud Privacy Policy, constitutes the entire agreement between the User and the Company regarding the usage of the Agent and supersedes all prior agreements, whether written or oral.