Incorporated Terms – AI Features Addendum

This AI Features Addendum ("Addendum") is incorporated into and forms part of the Commerce Master Services Agreement. This Addendum governs a Customer’s use of any features, tools, integrations, services, or APIs powered by artificial intelligence and large language models ("AI Features") that are made available by Commerce as part of the Services. Capitalized terms used but not defined in this Addendum shall have the meanings set forth in the Agreement and this Addendum shall take precedence over any conflicting terms in the Agreement.



1. AI Features Integrated into the Services.
   1. Purpose and Functionality. Commerce may include AI Features into the Service. When AI Features are included with the Service, the AI Feature will be labeled or otherwise identified as such. This Addendum applies to all AI Features, regardless of whether they are "beta," "preview," “proof of concept”, or "generally available," and supersedes prior standalone terms covering the AI Features. Customer may choose whether to use an AI Feature. AI Features are a Service and are governed under the Commerce Master Services Agreement, including the Data Processing Addendum.
   2. Ownership and Rights in Output. To the extent that AI Features generate outputs based on Customer Data or other content which Customer inputs into the AI Features (“Output”), as between Commerce and Customer, Customer owns all Output. Output may not be exclusive to Customer and is not covered by any intellectual property infringement indemnity that may be offered by Commerce elsewhere under this Agreement. Outputs are offered “as is”, and Commerce makes no representations or warranties as to the accuracy, completeness, or legal sufficiency of any Output. Customer is responsible for ensuring the accuracy, completeness, or fitness of Output. Customer also understands that use of AI Features may not meet Customer’s requirements and Customer remains fully responsible in understanding its own obligations in using an AI Feature.
   3. No Input Training. Commerce does not use Customer inputs to train its models and will ensure its third–party providers used to provide the AI Features do the same.
   4. Modifications, Termination and Suspension. Commerce may suspend, modify, or discontinue AI Features at any time. Access may be restricted in cases of misuse, excessive usage, legal non-compliance, or violation of this Addendum.
2. Agentic Search.
   1. Purpose and Functionality. Commerce enables optional participation in AI-powered search initiatives ("Agentic Search") designed to enhance product discovery through third-party conversational AI platforms.
   2. Data Scope and Restrictions. Only catalog-related data is processed under Agentic Search. No personally identifiable information (PII), checkout data, or customer order information is used unless otherwise agreed in writing. Customer may opt out of individual platforms by notifying Commerce.
   3. Merchant Contributions and Responsibilities. Commerce may collect, use, and share data that Customer makes publicly available on its storefront, including product names, prices, availability, images, and other catalog attributes, for the purposes of powering Agentic Search functionality, supporting partner integrations, improving discovery experiences, and developing new services. Such public data may be accessed or shared without additional notice or authorization, subject to applicable law and opt-in or opt-out settings enabled in the Customer's account.
3. Disclaimer of Warranties. ALL AI FEATURES ARE PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. COMMERCE DOES NOT WARRANT: A. THE ACCURACY, COMPLETENESS, OR FITNESS OF AI-GENERATED OUTPUTS; B. THAT AI RESULTS WILL MEET CUSTOMER EXPECTATIONS OR OPERATIONAL NEEDS; AND C. THE CONTINUED FUNCTIONALITY OR AVAILABILITY OF THIRD-PARTY INTEGRATIONS.
4. Limitation of Liability for AI Features. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMERCE DISCLAIMS LIABILITY FOR: A. USE OR RELIANCE ON ANY AI FEATURE; B. ERRORS OR OMISSIONS IN AI-GENERATED OUTPUTS; AND C. ANY DECISION-MAKING BASED ON AI OUTPUT. ANY LIMITATIONS OF LIABILITY IN THE AGREEMENT APPLY EQUALLY TO THIS ADDENDUM.
5. AI (Third- Party) Enablement.
   1. Purpose and Functionality. Commerce may provide a way to enable Third-Party Products which involve AI into our platform. The customer remains fully responsible for Third-Party Products including those which enable AI within or connected to the Service.
   2. Data Scope and Restrictions. When a Customer elects to utilize Third-Party Product integration involving AI the Customer is responsible for the data interactions, scoping, security, compliance, functionality, between Commerce and the Third-Party Product the Customer enables.
   3. Merchant Contributions and Responsibilities. Customer agrees to: a. Provide access to necessary structured and unstructured data identified in the scopes required by the third-party; b. Align data feeds with Commerce and partner platform formatting requirements; c. Ensure review and acceptance of any Third-Party Products platform terms, d. Assign appropriate technical and marketing contacts; e. Share performance feedback and use observations.
   4. Third-Party AI Platforms. Commerce may facilitate sharing of product data with Third-Party Product involving AI. These platforms operate under their own legal terms, and Commerce disclaims responsibility for their data handling practices. Customer is responsible for reviewing such third-party terms and ensuring all security, compliance, and functionality for such integrations.