Rushmore Labs — GenAI Services Addendum
This GenAI Services Addendum is incorporated into and forms part of the Rushmore Labs – Master Subscription Agreement (“MSA”) between Rushmore Labs, LLC (“Rushmore Labs”) and Client. This GenAI Services Addendum governs Client’s access to and use of the GenAI Services. Capitalized terms not defined herein have the meanings set forth in the MSA.
In the event of a conflict between this GenAI Services Addendum and the MSA or the Service Descriptions, this GenAI Services Addendum controls with respect to the GenAI Services.
1. Definitions
“Feedback” means suggestions, ratings, quality assessments, or other feedback provided by Client regarding the GenAI Services.
“GenAI Services” means products, features, and functionality included as part of the Services that use generative AI models to generate Output such as predictions, content, recommendations, or decisions in response to Input.
“Input” means Client Data or other data input by Client or Authorized Users into the Services for use by the GenAI Services.
“Output” means data or content generated by the GenAI Services in response to Input, excluding Rushmore Labs or third-party intellectual property or Confidential Information.
“Political Communication” means any communication intended to influence an election, referendum, or legislative action, or intended for voter outreach, advocacy, or other political purpose.
2. Model Training and Data Use
a. Training Restriction. Rushmore Labs will not use Input or Output to train, fine-tune, or improve any generative AI model, unless Client provides prior written consent. Rushmore Labs will ensure its third-party AI service providers are contractually bound by the same restriction.
b. Data Warehouse Enhancement. Client acknowledges that, consistent with Sections 1(d) and 3(c) of the MSA, Client Data contributed through Client’s general use of the Services may be used by Rushmore Labs to enhance the Rushmore Labs data warehouse and improve Rushmore Labs’s proprietary models and scores, in de-identified or aggregated form and in compliance with applicable Laws. This data warehouse right is separate from, and unaffected by, the restriction in Section 2(a). The license in Section 3(c) of the MSA does not extend to use of discrete Input or Output for generative AI model training.
c. Feedback. If Client provides Feedback, Rushmore Labs may use it without restriction or obligation to Client, including to improve the GenAI Services.
3. Output Rights
a. License to Output. Rushmore Labs grants Client a non-exclusive, perpetual license to use, reproduce, and distribute Output for Client’s internal political advocacy, campaign, or commercial purposes consistent with Client’s Subscription Account, Order Form, or applicable SOW. This license does not confer ownership rights in Rushmore Labs Data or Rushmore Labs’s models, algorithms, or methodologies reflected in Output.
b. Rushmore Labs Rights. As between the Parties, Rushmore Labs retains all right, title, and interest in Rushmore Labs Data and the intellectual property embodied in or underlying the GenAI Services. To the extent Output is derived solely from Client Data (excluding Rushmore Labs Data), such elements remain Client Data under the MSA.
c. Similar Output. The GenAI Services may produce the same or similar Output for multiple clients. This does not constitute a breach of this GenAI Services Addendum or any confidentiality obligation.
d. Output Restrictions. Client shall not use Output to: (i) develop products or services competitive with Rushmore Labs or its AI service providers; (ii) reverse-engineer Rushmore Labs’s data, models, or algorithms; or (iii) create any database that replicates or substitutes for Rushmore Labs’s data warehouse or products.
4. Disclaimers
Notwithstanding Section 1(f) of the MSA, the GenAI Services are provided “as is” and are not designed to meet Client’s regulatory, legal, or compliance obligations. Output may not be accurate, complete, or reliable, and may reflect biases inherent in underlying data or models. Rushmore Labs does not guarantee any particular result or level of accuracy. Output does not constitute legal, financial, political, or other professional advice. Client is responsible for independently verifying Output before reliance or use.
5. Restrictions on Use
a. General Restrictions. Client will not, and will not attempt to:
i. reverse engineer, disassemble, or decompile the GenAI Services or apply any other process or procedure to derive the source code of any software or other underlying components (such as models, model parameters, model weights, or training data) included in the GenAI Services;
ii. resell or sublicense the GenAI Services;
iii. access or use the GenAI Services in a way intended to exceed usage limits or quotas;
iv. access or use the GenAI Services for engaging in regulated activity without complying with applicable Laws;
v. access or use the GenAI Services without appropriate human oversight and without assessing the potential risks associated with the applicable use case, especially, but without limitation, for making consequential decisions that affect an individual’s health, legal or financial position, employment opportunities, or human rights, or that are otherwise considered “high risk” under applicable Laws; or
vi. otherwise access or use the GenAI Services except as expressly permitted in this GenAI Services Addendum and the MSA.
b. Competitive Use Prohibition. Client, including any third parties acting on Client’s behalf, is prohibited from using the GenAI Services or any data derived therefrom to directly or indirectly develop or improve, or contribute to the development or improvement of, products, services, or technologies that are similar to or in competition with those of Rushmore Labs or Rushmore Labs’s third-party AI service providers.
c. Political Prohibitions. Client shall not use the GenAI Services to: (i) generate deepfake audio, video, or images of any person without authorization; (ii) create content that fraudulently misrepresents a candidate for public office; (iii) generate content intended to suppress voter participation or disseminate materially false information about the time, place, or manner of an election; or (iv) generate content that violates any applicable election law, campaign finance law, or AI Disclosure Law.
6. Client Responsibilities
a. Prior to Client’s use of the GenAI Services, Client is responsible for: (i) determining whether the GenAI Services are appropriate for Client’s needs; (ii) ensuring that all Client Data which it supplies or discloses to Rushmore Labs or to the GenAI Services as Input, or that is within Output, has been obtained and transferred lawfully; and (iii) if any authorizations or consents of data subjects are required for such processing of Input, Output, or other Client Data by Rushmore Labs or its third-party AI service providers, obtaining any such consents directly from the data subjects.
b. Client is responsible for obtaining all necessary rights to utilize the GenAI Services, including but not limited to rights related to the data it submits as Input, and for using the GenAI Services in compliance with applicable Laws. Client is solely responsible for the content of its Input and for complying with any acceptable use terms and restrictions of Rushmore Labs’s third-party AI service providers. It is also Client’s responsibility to provide any legally required notifications and to obtain any required consents from individuals or third parties prior to Client’s use of the GenAI Services.
7. Political AI Compliance
a. Client is solely responsible for compliance with all federal, state, and local laws requiring disclosure when artificial intelligence is used in political advertising, campaign communications, or voter outreach (“AI Disclosure Laws”), including identifying applicable requirements and including any required disclosures on communications that incorporate Output. Rushmore Labs does not provide legal advice regarding Client’s compliance obligations.
b. Rushmore Labs may embed metadata or provenance indicators in Output. Client shall not remove or disable such indicators without Rushmore Labs’s written consent.
c. Client’s indemnification obligations under Section 7(a) of the MSA extend to Claims arising from Client’s use of Output in violation of AI Disclosure Laws, election laws, or campaign finance regulations, or from Client’s violation of Section 5(b) of this GenAI Services Addendum.
8. Data Processing and Security
Rushmore Labs engages third-party AI service providers to process Input and deliver Output. All such processing is performed within the United States; Rushmore Labs will notify Client if the processing location changes. The confidentiality and security obligations of the MSA (Section 5) apply to Rushmore Labs’s handling of Input and Output. Rushmore Labs will implement commercially reasonable safeguards to prevent the GenAI Services from surfacing specific personally identifiable voter information in Output, except where necessary to fulfill the requested Service function.
9. Indemnification
a. Rushmore Labs shall indemnify Client against third-party Claims that unaltered Output infringes third-party intellectual property rights, when used in accordance with this GenAI Services Addendum and the MSA. This indemnity does not apply where: (i) Client knew or should have known Output was likely infringing; (ii) Client bypassed citations, filters, or tools provided by Rushmore Labs; (iii) Client continued use after notice of infringement; (iv) the Claim arises from combination with non-Rushmore Labs products; or (v) the Claim alleges trademark violation based on Output use in trade or commerce. This indemnity is subject to the conditions in Section 7(c) of the MSA.
b. Client’s indemnification under Section 7(a) of the MSA extends to Claims arising from Client’s use of the GenAI Services in violation of this GenAI Services Addendum.
10. AI Governance
Client shall use the GenAI Services responsibly and in accordance with good industry practices, including maintaining appropriate human oversight and review of Output prior to reliance or use. For workflows involving Political Communications, Client shall ensure human review and approval of material communications prior to dissemination.
11. General Provisions
a. Suspension. Rushmore Labs may limit or suspend access to the GenAI Services upon reasonable belief that Client’s use threatens system stability or security, violates this GenAI Services Addendum, or exposes Rushmore Labs to liability. Rushmore Labs will provide reasonable prior notice except where immediate action is necessary.
b. Changes. Rushmore Labs will provide reasonable advance notice before making material changes to AI models or third-party providers that Rushmore Labs reasonably anticipates will materially affect Output quality. This requirement does not apply to security patches or emergency changes.
c. Governing Terms. All MSA terms apply to this GenAI Services Addendum except as expressly modified, including limitation of liability (Section 8), confidentiality (Section 5), governing law (Section 10), and termination (Section 6). Sections 2, 3, 4, 9, and 11 of this GenAI Services Addendum survive termination.