TrustArc Terms and Conditions

1.1. User Control and Transparency

(a) Use of any AI-Enabled Features is strictly optional. TrustArc will not process or transmit any of your Customer Data to AI-Technologies unless you use and interact with an AI-Enabled Feature. Prior to AI-Technologies Processing your Customer Data, you will be informed of such use through an appropriate notice.

(b) TrustArc’s authorization to Process remains solely as authorized under the Agreement and you retain full control over your Customer Data. TrustArc will not use your Customer Data for AI model training, model improvement, or any similar purpose beyond the scope of your authorized use of the AI-Enabled Features under the Agreement.

(c) As AI-Enabled Features are optional, you may discontinue use at any time and TrustArc will cease Processing your Customer Data under any unutilized or disabled AI-Enabled Features promptly upon your request.

(d) TrustArc is committed to maintaining transparency about the third-party providers that support its AI-Enabled Features (listed in Table 1 below) and the manner in which Customer Data is processed and protected, in accordance with the terms of our Data Processing Agreement. For the avoidance of doubt, the AI-Technologies utilized through the AI-Enabled Features (i.e., via API calls) are explicitly opted out of large language model (or “LLM”) training. These AI-services are used solely to generate responses for authenticated users within the TrustArc Solutions environment. 

1.2. Purpose Limitation and Restrictions

(a) Data submitted via AI-Enabled Features shall be used only for the purposes authorized in the Agreement, including the provision and operation of the Solutions, and shall not be used for any unrelated purpose.

(b) Due to the novel nature of AI-Technologies, while TrustArc takes measures designed to ensure that information is accurate, TrustArc is not responsible for the quality, accuracy, effectiveness, safety, or security of AI-generated output. You must therefore carefully review all AI-generated output before using it (e.g., by consulting an internal or external subject-matter-expert). Additionally, when you utilize the AI-Enabled Features and either input information or utilize the output, you remain responsible for compliance with applicable law.

1.3. Security, Confidentiality, and Accountability

(a) TrustArc maintains comprehensive administrative, technical, and operational measures, as described in TrustArc’s Technical and Organizational Measures (“TOMs”), designed to ensure that it maintains suitable privacy and security controls for all aspects of the Solutions and shall, consistent with the Agreement or Data Processing Agreement, as applicable, promptly notify you of any Security Incident involving AI-related data processing.

2.1. Warranty

AI-Enabled Features are provided with the same warranties and exclusions as the Solutions, including but not limited to those specified or excluded (if any) warranties of accuracy, reliability, completeness, or fitness for a particular purpose. You acknowledge that AI-outputs may contain errors or inaccuracies and that you are responsible for reviewing and validating such outputs and not rely upon them for decision-making without human oversight.

2.2. Usage Limits, Reasonable Use, Suspension, and Changes

(a) Reasonable Use. AI-Enabled Features, including Ask Arc, are provided for Customer’s normal internal business use by its authorized users in connection with the Platform. Customer agrees not to use the AI-Enabled Features in a manner that is excessive, abusive, or inconsistent with normal use, including by: (i) automated, scripted, or programmatic querying not initiated by an individual user; (ii) generating queries or API/token consumption in bulk or at volumes that materially exceed typical usage; (iii) reselling, redistributing, or making the AI-Enabled Features available to third parties; or (iv) sharing access credentials to circumvent usage limits.

(b) Usage Limits. AI-Enabled Features, including Ask Arc, consume compute and may result in usage-based costs to TrustArc, including token, API, and third-party AI provider charges, that scale with the volume and intensity of use. TrustArc does not currently charge separately for ordinary use of AI-Enabled Features unless expressly set forth in an applicable Order, PSO, or other written agreement. To manage availability, performance, fair access, and commercially reasonable use, TrustArc may meter consumption and establish reasonable usage limits, including query caps or token/API thresholds. If Customer’s actual usage materially exceeds reasonable use or materially increases TrustArc’s underlying AI-related costs, TrustArc may throttle or temporarily suspend access to the affected AI-Enabled Features provided it will endeavor to provide advanced reasonable notice where practicable. This may include circumstances where expanded availability of the AI-Enabled Features to additional users results in query volumes, token/API consumption, or other AI-related usage materially above levels reasonably anticipated for Customer’s subscription. TrustArc may restore access at the start of the next usage period or earlier if the parties mutually agree to appropriate usage limits or an amendment to the applicable Order or PSO.

(c) Changes. TrustArc may update or modify these AI Terms, or underlying AI provider relationships, from time to time. In the event that these AI Terms are modified in a manner that materially and adversely impacts Customer’s rights, TrustArc shall provide advance notice of no less than thirty (30) days and an opportunity to object prior to the effective date of such modifications. Usage limits, metering, throttling, or temporary suspension applied in accordance with Section 2.2(b) shall not constitute a modification subject to the notice and objection provisions of this Section 2.2(c).

These AI Terms supplement, and do not replace, the Agreement. In the event of any conflict between these AI Terms and the Agreement, these AI Terms will govern with respect to your use of AI-Enabled Features.

If any provision of these AI Terms is unenforceable, such provision will be severed, and the remaining provisions will remain in full force and effect.

These AI Terms are governed by and construed in accordance with the laws specified in your Agreement.

Notices under these AI Terms may be provided via email or posted on TrustArc’s website, consistent with the notice provisions of your Agreement.

Last Updated: June, 2026

Table 1: AI-Enabled Features