AI Addendum

This AI Addendum (the "Addendum") forms part of Attia's Terms of Service (the "Terms") between Attia AS (org.nr 937788185), Solheimgata 1a, 0267 Oslo, Norway ("Attia") and Customer.

Key points. This summary is for convenience. The full text below decides.

• AI output can be wrong, biased or infringing. Attia does not promise otherwise. Customer must check it before using it (Section 3).
• Attia gives no intellectual property indemnity for AI output (Section 3.6).
• Customer is responsible for what it puts in, how it uses the output, and every hiring decision (Sections 4 and 5).
• Attia's liability for AI Features is limited and capped (Section 9).
• AI Credits are prepaid, have no cash value, are non-refundable except in the cases listed, and expire (Section 6).
• If Customer turns on Automatic Reload, Attia charges the selected card each time the balance falls below the threshold (Section 7).
• Attia may change AI Features, models, prices, Credit Rates, allowances, Promotional Credits and this Addendum. If a change materially reduces the value of Purchased Credits, Customer may ask for a refund of unused Purchased Credits (Section 10).

1. Scope and precedence#

This Addendum forms part of the Terms. Capitalized terms that this Addendum does not define have the meaning given in the Terms.

This Addendum applies to AI Features, Output and AI Credits. If this Addendum conflicts with the Terms on those matters, this Addendum prevails. If this Addendum conflicts with the DPA on the processing of personal data, the DPA prevails.

Customer accepts this Addendum when an authorized User accepts it in the Service, buys AI Credits, turns on Automatic Reload, or uses an AI Feature after Attia has made this Addendum available, whichever happens first.

2. Definitions#

"AI Features" means the Automated Features described in Section 5 of the Terms that send Input to a machine-learning model, including Attia Agent, Agent steps in Loops, AI writing help and document parsing, and any other feature Attia designates as an AI Feature.

"AI Provider" means a third party that provides a model, or model routing, used by an AI Feature.

"Input" means any content, instruction, prompt, file, configuration or Customer Data that Customer or its Users submit to an AI Feature, or allow an AI Feature to read.

"Output" means any content, suggestion, summary, draft, extracted data, action or other result that an AI Feature generates or takes.

"Loop" means a scheduled or triggered automation that Customer configures in the Service. A Loop may include steps that use AI Features and steps that follow fixed rules.

"AI Credits" means the units that metered AI Features use, as shown in the Service. Today Loop runs, including their Agent steps, use AI Credits. Attia may change which actions use them under Section 10.2(b). AI Credits are either Purchased Credits or Promotional Credits.

"Purchased Credits" means AI Credits Customer pays for, including through Automatic Reload.

"Promotional Credits" means AI Credits Attia grants without charge, including launch, gift, trial, referral, compensation and support credits.

"Credit Rates" means the number of AI Credits that an action, a model or a quantity of usage uses, as shown on the Pricing Page or in the Service.

"Pricing Page" means attia.app/pricing or another page or place in the Service where Attia publishes AI Credit prices and Credit Rates.

"Acceptable Use Policy" means Attia's Acceptable Use Policy.

"Automatic Reload" means the setting described in Section 7.

3. AI Output: check it before you use it#

AI Features use models that predict likely content. Output may be inaccurate, incomplete, out of date, inconsistent, offensive or biased, and may not suit Customer's purpose. The same Input can produce different Output at different times. Output can be similar or identical to output generated for others, and Attia grants no exclusive right in it.

Output is a suggestion for a human to review. It is not legal, employment, tax or other professional advice, and it is not a decision about any person.

Customer must check the accuracy, completeness and suitability of Output before it relies on it, publishes it, sends it to a Candidate or other person, or uses it in a decision about a person.

Output and AI Features are provided "as is" and "as available". To the extent permitted by applicable law, Attia gives no warranty, representation or condition, express or implied, that Output or AI Features:

• (a) are accurate, complete, reliable or current;
• (b) are free from bias, discrimination or offensive content;
• (c) do not infringe the rights of any third party;
• (d) are fit for any particular purpose, including recruitment, screening or selection;
• (e) comply with any law that applies to Customer's use; or
• (f) will be available without interruption or error, or with any particular model or AI Provider.

Descriptions of AI Features in documentation, the Service, marketing or support explain how Attia intends them to work. They are not warranties.

Section 13.2 of the Terms does not apply to any claim to the extent it arises from Output, Input, an AI Provider's model, or the use of AI Features. Attia gives no other indemnity for them.

4. Customer's responsibilities#

Customer is responsible for:

• (a) all Input, including having the rights and a lawful basis to submit it and to have AI Features process it;
• (b) checking Output under Section 3.3;
• (c) every use of Output, including publishing a job advertisement, sending a message and any decision about a Candidate, employee or other person;
• (d) the instructions, permissions, schedules, triggers, rules and approvals of Attia Agent and Loops, and the actions they take within them;
• (e) the acts and omissions of its Users; and
• (f) the obligations that apply to Customer as employer, controller and, where applicable, deployer of an AI system, including human oversight, informing Candidates and workers' representatives, keeping logs, and anti-discrimination law.

Customer will make sure that a qualified person reviews Output and makes every decision to advance, hold, reject or hire a Candidate, as Section 5 of the Terms requires. Customer will not use AI Features to make a decision about a person based solely on automated processing. Under Article 22 of the GDPR, that duty also covers Loops whose fixed rules change an application's status or take other decisions with legal or similarly significant effects for a Candidate. Customer sets up those rules and is responsible for them.

AI Features are intended to help Users, under human control, to draft and edit text such as job advertisements and notes, to summarize and search information in the workspace, to read documents such as CVs and fill structured fields from them, to organize records, and to carry out actions a User asks for. When Attia Agent changes an application's status, in chat or as a step in a Loop, it moves the application only to the status a User named, and the change waits for a User's approval. AI Features do not score or rank Candidates.

AI Features must not be used to recognize or infer emotions, to infer sensitive characteristics, or for any practice that Article 5 of the EU Artificial Intelligence Act prohibits. If Customer uses AI Features for another purpose, changes their purpose, connects them to other systems in a way that changes what they do, or offers them to others under its own name, Customer does so at its own risk and may become the provider of an AI system under the EU Artificial Intelligence Act.

5. Customer indemnity for AI#

In addition to Section 13.1 of the Terms, Customer will defend Attia, its affiliates, and their officers, employees and contractors against any claim by a third party, including a Candidate, employee, job seeker or AI Provider, to the extent the claim arises from:

• (a) Input;
• (b) Customer's or its Users' use of Output;
• (c) any decision Customer makes about a person, including in recruitment;
• (d) an action of Attia Agent or a Loop within Customer's configuration; or
• (e) Customer's breach of this Addendum, the Acceptable Use Policy or applicable law,

and will pay the damages, compensation and reasonable legal costs finally awarded, and any settlement Customer agrees to.

Section 5.1 does not apply to the extent the claim arises from Attia's breach of the Terms, the DPA or applicable law, or from Attia's intent or gross negligence.

Section 13.3 of the Terms applies to this Section 5.

6. AI Credits are prepaid, non-refundable and expire#

AI Credits are a prepaid right to use AI Features in the workspace for which they were bought or granted. They are not money, legal tender, electronic money, a deposit, a bank account or stored value, and they are not Customer's property. They have no cash value. Customer cannot sell, transfer or assign them, move them to another workspace, or exchange them for cash or anything else, unless Attia agrees in writing or law requires it.

A workspace admin or owner may buy Purchased Credits on the Usage page in the workspace settings, in whole US dollars from USD 10 to USD 5,000 per purchase, or in other amounts Attia shows in the Service. Prices are in US dollars and exclude Taxes. A purchase is complete when Attia confirms payment.

The Service first uses AI Credits that can only be used for a specific AI Feature, when that feature runs. It then uses Promotional Credits before Purchased Credits. Within each group, it uses the AI Credits that expire first.

Purchased Credits expire 12 months after they are added to the balance. Promotional Credits expire on the date Attia states when it grants them or, if Attia states none, 12 months after grant. Attia may limit Promotional Credits to certain AI Features. Expired AI Credits are lost without refund or compensation. Attia has no duty to remind Customer before AI Credits expire.

Payments for AI Credits are final and non-refundable, except:

• (a) under Section 10.7 (material change);
• (b) under Section 9.4 of the Terms, if Customer terminates because of Attia's uncured material breach;
• (c) if Attia stops offering AI Features to all customers, in which case Attia refunds unused Purchased Credits at the price paid; or
• (d) where mandatory law requires a refund.

Unused AI Credits are lost without refund when:

• (a) they expire;
• (b) Customer deletes the workspace;
• (c) the Terms or the workspace end for any reason, except where Section 6.5 gives a refund; or
• (d) Attia cancels them under Section 8.4.

Attia's usage records show the AI Credits used, unless they contain an obvious error. Customer may dispute a deduction by written notice with reasonable details within 60 days after the deduction. Attia will review the dispute in good faith and apply Section 9.6 to any error. A deduction not disputed within 60 days is final.

A Loop run or other request that starts while the balance is above zero may finish even if it uses more AI Credits than the balance holds. Attia deducts the shortfall from the next AI Credits added to the balance. Revoked Promotional Credits never create a shortfall.

7. Automatic Reload: automatic charges to Customer's card#

When a workspace admin or owner turns on Automatic Reload, Customer authorizes Attia and its Payment Processor (Stripe) to charge the saved card selected in the Automatic Reload settings, without asking again, each time the workspace's AI Credit balance falls below the threshold Customer has set. Each charge is for the reload amount Customer has set, which must be at least USD 50, plus any Taxes. The charges have no fixed dates or number. Each charge is a merchant-initiated transaction under this authorization.

The Automatic Reload settings on the Usage page show the threshold, the reload amount and the selected card (card brand and last four digits).

A workspace admin or owner may change the threshold, the reload amount or the card, or turn Automatic Reload off, at any time on the Usage page. The change applies to charges that start after it is saved. A charge already in progress may complete. Turning it off does not refund a charge already made.

Attia will notify the workspace's admins at least 14 days before a change to the minimum reload amount or to the price of AI Credits applies to Automatic Reload, unless Section 10.3 applies. Customer may turn Automatic Reload off before then.

The card issuer may require the cardholder to authenticate a charge (strong customer authentication). If authentication is required or a charge fails, Automatic Reload pauses, and the Usage page shows that it has paused. It stays paused until a workspace admin or owner saves the Automatic Reload settings again. Attia may also pause Automatic Reload after a disputed charge or suspected fraud. AI Features and Loops may stop until the balance is restored. Section 9.2(f) applies.

Customer is responsible for the usage that triggers Automatic Reload, including usage by Loops and their Agent steps. Attia may, but need not, set a limit on the number or value of Automatic Reload charges in a period.

The User who turns on Automatic Reload confirms that they may bind Customer and may authorize charges to the card.

8. Limits, suspension and abuse#

Attia may set and change rate limits, usage limits, size limits and concurrency limits for AI Features, for a workspace or a User, to protect the Service, AI Providers and other customers.

In addition to Section 6 of the Terms and the Acceptable Use Policy, Customer will not, and will make sure its Users do not:

• (a) use AI Features against the usage policy of an AI Provider that Attia makes available;
• (b) use scripts, bots or other automated means to access AI Features, except through interfaces and Loops Attia provides;
• (c) generate usage that is not for Customer's own recruitment work, or give others access to AI Features or AI Credits;
• (d) create several workspaces or accounts, or use other tricks, to obtain more Promotional Credits;
• (e) try to extract models, system prompts or training data, bypass safety measures or limits, or manipulate an AI Feature to act outside its permissions; or
• (f) use Output to develop or train a model that competes with Attia or an AI Provider.

Attia may throttle, suspend or restrict AI Features for a User or a workspace, with immediate effect, if:

• (a) Attia reasonably suspects a breach of Section 8.2, Section 6 of the Terms or the Acceptable Use Policy;
• (b) it is needed to prevent harm to the Service, an AI Provider, Attia, Candidates or others;
• (c) an AI Provider suspends or restricts Attia's access in a way that affects Customer;
• (d) law or an authority requires it; or
• (e) a payment for AI Credits fails, is reversed or is disputed.

Attia will tell the workspace's admins about the suspension and the reason as soon as it reasonably can, unless law or security prevents it, and will lift the suspension when the reason no longer applies.

Attia may revoke Promotional Credits under Section 10.5. Attia may cancel AI Credits obtained through a breach of Section 8.2(d), through fraud, or with a payment that is later reversed or charged back. If Customer materially breaches Section 8.2, Attia may terminate under Section 9.3 of the Terms, and Section 6.6 applies.

Attia is not liable for loss caused by a limit or suspension applied in line with this Section 8. If Attia suspends AI Features without good grounds, Attia will extend the expiry of the affected Purchased Credits by the length of the suspension.

9. Limits on Attia's liability for AI#

This Section 9 applies in addition to Section 14 of the Terms. For AI Features, Output and AI Credits, where this Section 9 gives Attia more protection, this Section 9 applies.

To the extent permitted by applicable law, Attia is not liable for loss or damage to the extent it arises from:

• (a) the content of Output, including any error, omission, bias or infringement in it;
• (b) any decision Customer or its Users make, or do not make, with the help of Output, including a decision to hire, reject, contact or not contact a Candidate;
• (c) any action an AI Feature or Loop takes on Customer's instructions or within the permissions, rules, scope and approvals Customer configured;
• (d) Input;
• (e) the change, substitution, suspension or withdrawal of an AI Feature, model or AI Provider under Section 10; or
• (f) AI Features or Loops that do not run, or stop, because AI Credits are used up or expired, a limit applies, or an Automatic Reload charge fails.

To the extent permitted by applicable law, Attia is not liable for any indirect or consequential loss, whether or not foreseeable, including:

• (a) loss from reduced or lost production, sales or turnover, or from business interruption;
• (b) loss from not being able to use the Service or AI Features as intended;
• (c) loss of profit, revenue, savings, business opportunity or goodwill;
• (d) loss from a contract with a third party that ends or is not properly performed;
• (e) the cost of recruiting or re-recruiting, or of replacement services;
• (f) loss of, or damage to, data, except to the extent the DPA or Section 4 of the Terms makes Attia responsible; and
• (g) compensation, fines or penalties that Customer must pay to a Candidate, employee, authority or other third party.

To the extent permitted by applicable law, Attia's total aggregate liability arising out of or relating to AI Features, Output and AI Credits, whether in contract, tort (including negligence) or otherwise, is limited to the greater of:

• (a) the amount Customer actually paid Attia for Purchased Credits in the 12 months before the event that first gave rise to liability; and
• (b) USD 100.

Promotional Credits count as zero for this purpose. Amounts paid under this Section 9.4 count towards, and do not add to, the cap in Section 14 of the Terms.

Nothing in the Terms or this Addendum limits or excludes:

• (a) liability for loss caused by intent or gross negligence of Attia;
• (b) liability for fraud;
• (c) liability for death or personal injury;
• (d) liability under product liability law, to the extent it cannot be limited;
• (e) any right of a data subject under Article 82 of the GDPR, or of any other person who is not a party; or
• (f) any other liability that applicable law does not allow to be limited or excluded.

If AI Credits are deducted in error, Attia will restore them to the balance or, at Attia's choice, refund the amount paid for them. This is Customer's remedy for a deduction error, unless Section 9.5 applies.

Customer must give Attia written notice of a claim under this Addendum, with reasonable details, within 6 months after Customer became aware, or should have become aware, of the facts giving rise to it. If Customer does not, it loses the claim, unless Section 9.5 applies.

Each item in Sections 9.2 to 9.7 is a separate limit. If one is not valid or not binding, the others still apply.

10. Changes Attia may make#

Attia may add, change, limit, suspend or remove any AI Feature, and may change, substitute or remove any model or AI Provider, at any time. Attia will tell Customer about a material change in advance where it reasonably can. A change of an AI Provider that acts as Attia's subprocessor follows the notice and objection process in Section 9 of the DPA. AI Features and AI Credits are not "core functionality" for Section 1.3 of the Terms.

Attia may change:

• (a) the price of AI Credits;
• (b) Credit Rates, and which actions use AI Credits;
• (c) included or free allowances and usage limits;
• (d) minimum and maximum purchase amounts, including the minimum Automatic Reload amount; and
• (e) the expiry period for AI Credits bought or granted after the change.

A change takes effect 14 days after Attia publishes it on the Pricing Page and notifies the workspace's admins by email or in the Service, or on any later date Attia states.

Attia may make a change under Section 10.1 or 10.2 with shorter notice, or with immediate effect, where needed to comply with law, to respond to a change in an AI Provider's prices, terms or availability, or to address security, fraud or abuse. Attia will notify the workspace's admins as soon as it reasonably can.

A change does not reduce the number of AI Credits in Customer's balance, or the expiry date of AI Credits already held. A change of price applies only to AI Credits bought after it takes effect. A change of Credit Rates applies to all usage after it takes effect, including usage paid with AI Credits bought before.

Attia may change the terms of, reduce or revoke any Promotional Credits at any time and for any reason. Revoking Promotional Credits never creates a charge or a negative balance.

Attia may update this Addendum. Attia will give at least 30 days' notice of a material update by email to the workspace's admins or in the Service, unless a shorter period is needed for a reason in Section 10.3. The update applies from the date stated in the notice. If Customer keeps using AI Features after that date, Customer accepts the update. If Customer does not accept it, Customer may stop using AI Features and turn off Automatic Reload, and Section 10.7 applies. This Section 10 applies to AI Features and AI Credits instead of Section 15 of the Terms.

If a change under this Section 10 materially reduces the value of Purchased Credits Customer holds, Customer may, within 30 days after the notice, ask Attia in writing to refund the unused Purchased Credits bought in the 12 months before the notice. Attia will refund them pro rata at the price paid, and may then close the AI Credit balance. A material reduction includes an increase of more than 20% in the Credit Rate for an action Customer used in the previous 3 months, and the removal of an AI Feature that used more than half of Customer's AI Credits in that period.

11. Business customers only#

Attia offers the Service, AI Features and AI Credits only to businesses and other organizations, for use in their trade, business or profession. Attia does not offer them to consumers.

By accepting this Addendum or buying AI Credits, Customer confirms that it acts for purposes of its trade, business or profession and not as a consumer, and the User confirms that they may bind Customer.

Attia may ask for Customer's organization number or other proof of business status, and may refuse or cancel a purchase if Customer does not provide it.

12. Data#

The DPA governs how AI Features process personal data in Customer Data. Section 11 and Annex 4 of the DPA describe how AI Providers process it.

13. General#

Each sentence, and each item in a list, in Sections 3, 6, 7, 8, 9 and 10 is a separate term. If a court or authority finds a term invalid, unenforceable or not binding, in whole or in part, the finding affects only that term or part, and only to the extent needed. The rest of this Addendum and the Terms continue to apply.

This Addendum is published in English and Norwegian. If the versions differ, the English version prevails.

Sections 3, 5, 6.6, 9 and 13 continue to apply after the Terms end.

Section 16.7 of the Terms (governing law and venue) applies to this Addendum. Questions about this Addendum go to oystein@attia.app.