AI Product Terms / Data Training Terms

HM-LEGAL-012·AI features

AI Product Terms / Data Training Terms

Document ID: HM-LEGAL-012 Title: AI Product Terms / Data Training Terms Version: 1.0-draft Last updated: 2026-06-14 Publisher: Headshot Marketing Private Limited (Burdenoff Group) Canonical location: https://burdenoff.com/contracts/headshotmarketing/HM-LEGAL-012 Burdenoff Group Contract Registry — root at https://burdenoff.com/contracts (one subgroup per product). The contracts referenced in this document belong to the HeadshotMarketing subgroup at https://burdenoff.com/contracts/headshotmarketing/. Every referenced contract is identified by its Document ID (HM-LEGAL-### / HM-PRICING-###) and incorporated by reference.

Status: TEMPLATE / DRAFT Provider: Headshot Marketing Private Limited Applies to: any use of AI features in the HeadshotMarketing Service, including AI-assisted content and copy generation, send-time and audience optimization, content summarisation, content recommendations, marketing analytics, AI-drafted creative (e.g., ad copy and subject lines), and any AI assistant.

These AI Terms are incorporated into the MSA. In case of conflict on AI-specific matters, these Terms prevail. HeadshotMarketing's AI is assistive, not autonomous: it supports human decisions about what to publish and send; it does not make them autonomously.

1. Overview of AI features

1.1 The Service includes AI-assisted capabilities to:

  • suggest audience segments and rank/score leads for human review;
  • assist with content optimization (e.g., highlighting high-performing variants, summarising campaign results);
  • extract and normalise topics and entities from content, pages and assets;
  • recommend content paths and content to customers;
  • generate draft content (e.g., ad copy, subject lines, social posts, outreach messages) for human review and editing;
  • surface marketing analytics and insights.

1.2 These features are decision-support tools. They produce suggestions, scores, summaries and drafts that a human must review before any action affecting an individual.

2. How AI is provided

2.1 AI features are provided as an embedded capability of the Service. HeadshotMarketing selects and operates the underlying AI provider(s) and infrastructure; the AI provider acts as HeadshotMarketing's Subprocessor and is listed in DPA Annex 3 where applicable.

2.2 Where an Order Form expressly enables a "bring-your-own-key" or customer-selected-provider option, the chosen provider's terms additionally apply to that leg, and Customer is responsible for that provider relationship; absent such an option, HeadshotMarketing operates the AI provider relationship.

2.3 AI-assist usage may be metered per the User/Enterprise Pricing Guide.

3. Customer Data and AI

3.1 Inputs to AI features (briefs, contact data, content, prompts) and AI outputs (copy, creative, summaries, drafts, recommendations) are Customer Data and are governed by the MSA and DPA.

3.2 HeadshotMarketing will not use prompts, completions, contact records, contact records, content data or any Customer-side AI content to train, fine-tune, or evaluate any generally available machine-content or large-language model. This applies whether the AI is HeadshotMarketing-operated or, where enabled, customer-selected.

3.3 Customer represents that it has the right to submit the inputs to the AI features, including contact data, third-party materials and any data subject to confidentiality or third-party agreements, and that it has the lawful basis and any notices/consents required to process contact Personal Data through AI features.

3.4 Customer should minimise personal data in free-text prompts and must not submit special-category data to AI features.

4. Human-in-the-loop and prohibited automated decisions

4.1 Customer shall keep a human in the loop for any decision that produces a legal or similarly significant effect on an individual — including campaigning, rejection, shortlisting that effectively decides an outcome, promotion, discipline, termination, compensation, or provider classification.

4.2 Customer shall not use AI features to make such decisions on a solely-automated basis without meaningful human review and without the consent, notice and rights the DPDP Act / GDPR Article 22 and applicable advertising and data-protection law require.

4.3 Customer shall not use AI features for unlawful discrimination, mass surveillance, social scoring, or to evade labour, marketing or data-protection law.

5. Deployer obligations: bias, fairness, transparency

5.1 Where applicable law treats an AI-assisted campaigning or marketing tool as an automated marketing decision tool or high-risk AI in marketing — for example the EU AI Act (AI-content disclosure + contact notice), the EU AI Act (high-risk AI in marketing), and various US state AI laws — Customer is the deployer and is responsible for:

  • conducting or commissioning any required bias / disparate-impact audit;
  • providing any required notice to contacts / leads that AI is used and how;
  • honouring any opt-out, human-review or explanation rights the law grants individuals;
  • maintaining records of its AI use.

5.2 HeadshotMarketing will provide reasonable information about how the relevant AI features function to support Customer's deployer obligations, but HeadshotMarketing does not assume the deployer's legal duties.

5.3 AI outputs may be inaccurate, incomplete or biased and must be reviewed by a competent human before use.

6. Logging and retention

6.1 By default, AI metadata (timestamps, feature, model, token counts, success/failure, IDs) is logged; AI input/output content is stored per Customer's tenant configuration.

6.2 Customer may configure shorter retention via account settings, or request deletion of specific AI content under the DPA.

6.3 For Enterprise Customers, retention windows are stated on the Order Form.

7. Use restrictions specific to AI

In addition to the AUP, Customer shall not (and shall not allow Authorized Users to):

  • use AI features to make automated marketing decisions with legal or similarly significant effect without human review and required consents/notices (see §4);
  • use AI features to generate content that violates law, infringes third-party rights, or is discriminatory, harassing or deceptive;
  • use AI features for biometric identification, mass surveillance, or social scoring of contacts;
  • generate deepfakes of identifiable individuals without consent, or content designed to defraud or impersonate;
  • attempt to extract HeadshotMarketing's system prompts, internal model orchestration logic, or guardrails to evade safety controls or build a competing service;
  • rely on AI outputs without verifying them where accuracy matters (campaigning decisions, compensation, compliance).

8. No-warranty for AI outputs

8.1 AI outputs may be inaccurate, incomplete, biased or offensive. HeadshotMarketing makes no warranty as to accuracy, reliability, fairness, originality, or fitness of AI outputs for any purpose, including any campaigning or marketing decision.

8.2 Customer is solely responsible for reviewing and using AI outputs and for the marketing decisions it makes.

8.3 AI outputs may be similar to outputs received by other users; Customer does not have exclusivity over AI-generated content.

8.4 Where Customer publishes AI outputs (e.g., AI-drafted ads or marketing content), Customer is responsible for compliance with transparency, labelling and disclosure obligations imposed by law (e.g., EU AI Act transparency requirements, MeitY / IT Rules disclosures applicable in India).

9. Intellectual property in AI outputs

9.1 As between Customer and HeadshotMarketing (and subject to any enabled provider's terms), Customer owns the AI outputs generated through its use of the Service, to the extent rights can be granted, and accepts the risk that AI-generated content may not be protected by copyright (uncertain in India / US as of the date of these Terms).

9.2 HeadshotMarketing makes no representation or warranty that AI outputs are non-infringing; the IP indemnity in MSA §12.1 does not cover AI outputs.

10. Eligibility

AI features are used by Customer's Authorized Users in a marketing context. HeadshotMarketing is an 18+ marketing platform; Customer shall not configure AI features to evaluate individuals in a manner prohibited by applicable child-labour or data-protection law.

11. Logging-related personal data

If Customer's inputs contain Personal Data (e.g., names, emails, identifiers in contact lists), processing remains governed by the DPA. Customer should minimise Personal Data in prompts and must not submit special-category data.

12. Suspension

HeadshotMarketing may suspend AI features for a Customer or account where suspected abuse, unlawful automated decision-making, or violation of the AUP is detected, and will notify Customer.

13. Updates

HeadshotMarketing may update these AI Terms with at least 30 days' notice for material changes. Continued use after the effective date is acceptance. For Enterprise Customers, in-force Order Forms preserve material terms until renewal.

14. Governing law

Per MSA §15.

Reference and incorporation

All Burdenoff Group contracts, addenda, exhibits, policies and registers referenced in this document are identified by their Document ID (HM-LEGAL-### or HM-PRICING-###) and are published at https://burdenoff.com/contracts. Each such referenced document is incorporated into this document by reference. The version of a referenced document that applies is the version published at https://burdenoff.com/contracts as at the Effective Date of the applicable Order Form (or, where no Order Form exists, the version current at the date of acceptance), unless an executed Order Form specifies a frozen version.

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