These Momentum Telecom Artificial Intelligence Terms and Conditions (the “AI Terms”) supplement the Master Services Agreement, Customer Service Order, or other written agreement between Momentum Telecom, Inc. (“Momentum”) and the customer (“Customer”) that governs Customer’s use of Momentum’s services (the “Service Agreement”). These AI Terms apply whenever Customer accesses or uses any AI Features (defined below) made available by Momentum, whether developed by Momentum or provided through a third-party Provider. By accessing or using any AI Feature, Customer agrees to these AI Terms.

1. Order of Precedence; Incorporation

1.1  These AI Terms are incorporated into and form part of the Service Agreement.

1.2  In the event of conflict between these AI Terms and the body of the Service Agreement, the body of the Service Agreement controls except with respect to terms expressly addressing AI Features, in which case these AI Terms control.

1.3  With respect to AI Features provided through a Resold Offering, the Provider’s applicable customer-facing terms (the “Provider Terms”) govern the Provider’s direct obligations to Customer. Nothing in these AI Terms expands Momentum’s obligations beyond those expressly stated in the Service Agreement or modifies the Provider’s direct obligations to Customer under the Provider Terms.

2. Definitions

Capitalized terms used but not defined in these AI Terms have the meanings given in the Service Agreement. The following additional definitions apply:

“AI Feature” means any feature, functionality, or service made available by Momentum (whether developed by Momentum or by a Provider) that uses artificial intelligence, machine learning, or similar technologies to generate, classify, summarize, predict, recommend, route, or otherwise automate outputs based on data, including generative AI.

“Customer Data” means all data, content, prompts, instructions, configurations, and information provided by Customer or its authorized users, or generated on Customer’s behalf, in connection with Customer’s use of the AI Features.

“Output” means any content, response, classification, summary, prediction, recommendation, or other result generated by an AI Feature.

“Personal Information” means any information that identifies, relates to, describes, or could reasonably be linked to an identified or identifiable individual or household, as defined under applicable Privacy Laws.

“Privacy Laws” means all data protection and privacy laws applicable to Momentum’s processing of Personal Information on Customer’s behalf, including, where applicable, the California Consumer Privacy Act (as amended by the CPRA), other U.S. state privacy laws, and the EU/UK GDPR.

“Provider” means a third party that develops or makes available an AI Feature offered through Momentum as a Resold Offering.

“Resold Offering” means a third-party product or service that Momentum makes available to Customer under a reseller, distribution, or similar arrangement with the Provider.

“Security Incident” means a confirmed unauthorized access to, acquisition of, disclosure of, or loss of Customer Data, excluding unsuccessful attempts that do not result in access to or disclosure of Customer Data.

“Training Data” means data used to develop, train, fine-tune, evaluate, or improve an AI Feature or any underlying model.

3. License and Authorized Use

3.1  Subject to the Service Agreement and these AI Terms, Momentum grants Customer a non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the AI Features during the term of the Service Agreement for Customer’s internal business purposes.

3.2  Customer is responsible for: (a) all Customer Data submitted to the AI Features; (b) configuration choices Customer or its authorized users make within the AI Features; (c) supervising automated workflows Customer enables; and (d) ensuring that Customer’s use of the AI Features complies with applicable law and the Service Agreement.

4. Acceptable Use

4.1  Permitted Uses

Subject to the Service Agreement, AI Features may be used to support activities such as:

• automating or assisting with responses to common inquiries (e.g., customer support messaging workflows);
• drafting or suggesting content that a human reviews before external use;
• classifying, routing, or summarizing messages, tickets, or other inputs to improve service quality.

4.2  Prohibited Uses

Customer shall not, and shall not permit any user to, use the AI Features to:

• violate applicable law or the rights of any third party, or engage in deceptive, fraudulent, harassing, defamatory, or unlawful conduct;
• process highly sensitive regulated data (including Protected Health Information governed by HIPAA, payment card data, or other categories requiring specific contractual safeguards) without first executing the safeguards required by law and the Service Agreement (such as a Business Associate Agreement);
• make solely automated decisions that produce legal or similarly significant effects on individuals (including decisions regarding employment, credit, housing, insurance, or access to essential services) on Momentum’s behalf;
• generate content presented as legal, medical, tax, financial, or other professional advice on Momentum’s behalf;
• reverse engineer, decompile, probe, or otherwise circumvent any AI Feature, Resold Offering, or its security mechanisms, or attempt to derive Training Data, model weights, or proprietary information underlying any AI Feature;
• use the AI Features to train, evaluate, or improve any artificial intelligence model or competing service, except for Customer’s internal evaluation of the AI Features;
• use the AI Features in a manner that violates U.S. export control laws or in any embargoed country or by any sanctioned party; or
• circumvent any confidentiality, non-disclosure, or data protection obligation owed by Customer to a third party.

5. Data Use and Customer Commitments

5.1  Use of Customer Data

Momentum will process Customer Data only as necessary to (a) provide and support the AI Features; (b) maintain and improve the security, performance, and reliability of the AI Features; (c) prevent or address technical or security issues; (d) comply with applicable law; and (e) perform or enforce the Service Agreement.

5.2  No Training on Customer Data

Momentum will not use Customer Data to train, fine-tune, evaluate, or improve any AI model for Momentum’s own products, for sale or licensing to third parties, or for the benefit of any third party other than Customer, without Customer’s prior written consent. Where AI Features are delivered through a Resold Offering, Momentum will pass through to Customer the Provider’s applicable commitments regarding Customer Data, and Momentum will not separately authorize the Provider to use Customer Data for Provider’s own training purposes.

5.3  Provider-Specific Commitments for Additional Services

For a Resold Offering, to the extent Customer obtains services from a Provider beyond those sold by Momentum (“Additional Services”), the applicable Provider Terms shall exclusively control the rights and obligations of Customer and Provider with respect to such Additional Services.

5.4  Personal Information

To the extent Customer Data includes Personal Information, the parties’ respective rights and obligations are governed by the terms of the Service Agreement (or applicable data processing addendum). Customer is responsible for providing all notices to, and obtaining all consents from, data subjects required by applicable Privacy Laws in connection with Customer’s use of the AI Features.

6. Data Classification, Handling, Retention, and Deletion

6.1  Handling Controls

Momentum applies administrative, physical, and technical safeguards to Customer Data based on its sensitivity, consistent with Momentum’s information security program and the Service Agreement. These safeguards include role-based access controls, encryption in transit and at rest consistent with industry standards, and restrictions on storage of Confidential Customer Data on personal devices or removable media.

6.2  Retention and Deletion

Momentum retains Customer Data only as long as needed to provide the AI Features, satisfy legal and regulatory requirements, or fulfill obligations under the Service Agreement. Personal Information will be deleted or de-identified when it no longer has a business use, subject to legal holds and other applicable obligations. For Resold Offerings, retention and deletion within the offering are governed by the Provider Terms and Customer’s configuration choices, in addition to any requirements in the Service Agreement.

7. Security and Incident Response

7.1  Vendor Management

Momentum assesses and manages Providers and other third-party vendors that process or store Customer Data, including evaluating secure disposal practices and requiring appropriate contractual protections.

7.2  Incident Notification

Momentum will notify Customer of any confirmed Security Incident affecting Customer Data without undue delay, and in any event within the timeframe required by the Service Agreement and applicable law. Notice will include the information reasonably available to Momentum at the time of notification and will be updated as additional information becomes available. For Resold Offerings, Provider security incident obligations are governed by the Provider Terms and any direct agreement between Customer and the Provider.

8. Transparency and Human Oversight

8.1  Disclosure of AI Use

Momentum will disclose to Customer when an AI Feature is used in a workflow that materially affects Customer or its end users. For Resold Offerings, the Provider remains the developer and operator of the AI Feature, and Momentum acts as reseller for ordering, billing, and account administration as applicable.

8.2  Human Oversight

AI Output may be inaccurate, incomplete, biased, or inappropriate in context. Momentum requires that Customer employ human review and judgment for material communications, commitments, and decisions arising from AI Features, unless Customer has expressly configured an automated workflow through a signed agreement, written acknowledgment, or other auditable in-product affirmation, and accepted responsibility for its operation. Default configurations alone do not constitute Customer’s express configuration.

9. Accuracy; No Warranty; No Professional Advice

9.1  AI OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” EXCEPT AS EXPRESSLY PROVIDED IN THE SERVICE AGREEMENT, MOMENTUM AND ITS PROVIDERS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING AI OUTPUTS, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, NON-INFRINGEMENT, AND TITLE.

9.2  AI Outputs do not constitute legal, medical, financial, tax, accounting, or other professional advice and should not be relied upon for such purposes without independent professional review. AI Outputs should be validated by Customer before use in legal, regulatory, safety, or security-critical contexts; in customer-facing commitments (such as pricing, service levels, or contract terms); and in any context where an error could create material risk.

9.3  Customer is responsible for configuring and supervising automated workflows it enables within an AI Feature, including the data uploaded, protocols set, and messages sent automatically, unless otherwise expressly agreed in writing.

10. Intellectual Property in Outputs

10.1  As between Customer and Momentum, and subject to Momentum’s and any Provider’s rights in the AI Feature, Customer Data, and pre-existing materials, Customer owns the Outputs generated from Customer’s prompts and Customer Data. Momentum retains all right, title, and interest in and to the AI Features and any improvements thereto.

10.2  Customer acknowledges that AI Outputs may not be unique, may resemble outputs generated for other customers, and may incorporate or reflect publicly available materials and Training Data. Momentum makes no representation or warranty that Outputs are non-infringing, original, or eligible for intellectual property protection. Any third-party indemnification obligations regarding Outputs are governed by the Service Agreement and, with respect to Resold Offerings, the Provider Terms.

11. Regulatory Compliance

11.1  Customer is responsible for ensuring that its use of the AI Features complies with all laws and regulations applicable to Customer’s business and the individuals whose data Customer submits, including, where applicable:

• the Colorado Artificial Intelligence Act (SB 24-205);
• the New York City Automated Employment Decision Tool law;
• California AB 2013 (training data disclosure) and other U.S. state AI laws;
• the EU Artificial Intelligence Act (Regulation (EU) 2024/1689);
• applicable sector-specific laws (e.g., HIPAA, GLBA, FCRA); and
• applicable Privacy Laws.

11.2  Customer will not use any AI Feature in a manner that would require Momentum to register, certify, or assume regulatory obligations as a “deployer,” “covered operator,” or analogous role under any AI-specific law, unless Momentum has expressly agreed in writing to assume such role.

12. Updates to These AI Terms

Momentum may update these AI Terms from time to time. Momentum will provide reasonable advance notice of any material change (which may be provided through the Momentum customer portal, by email to Customer’s designated contact, or by other reasonable means). Updates will become effective on the date stated in the notice or, if no date is stated, thirty (30) days after the notice is given. Customer’s continued use of the AI Features after the effective date of an update constitutes acceptance of the updated AI Terms. If Customer does not accept a material adverse change, Customer’s sole and exclusive remedy is to exercise any termination right available under the Service Agreement.

13. Contact

Questions about these AI Terms may be directed to:

Momentum Telecom, Inc.

Attn: Legal Department

General: legal_notices@gomomentum.com

Security matters: security@gomomentum.com