EU AI Act Supplementary Terms — Cloud Service Evaluation Agreement
These EU AI Act Supplementary Terms (“AI Terms”) apply to Evaluators who access Image Analyzer’s Service under a Cloud Service Evaluation Agreement (the “Agreement”) where the Evaluator will use the outputs of the Service in the European Union or where the AI Act otherwise applies. These AI Terms are incorporated into the Agreement by reference. Capitalised terms not defined here have the meanings given in the Agreement.
The Service is made available for evaluation purposes only. Many obligations under the AI Act are triggered by putting an AI system into service or into production use. These AI Terms set out the framework that applies during evaluation and describe how Image Analyzer will support the Evaluator if and when the Evaluator moves to production deployment.
Roles and Responsibilities
Image Analyzer is the “provider” of the Service within the meaning of the AI Act.
Where the Evaluator uses the Service for its own internal evaluation purposes, the Evaluator is the “deployer” under the AI Act. The extent to which deployer obligations apply during the Evaluation Period will depend on the Evaluator’s specific use case and the nature of its deployment.
Where the Evaluator intends to integrate the Service into its own product or service for supply to third parties (including the Evaluator’s own end users), the Evaluator may be treated as a “provider” under Article 25 of the AI Act. If the Evaluator anticipates this during evaluation, Image Analyzer will work with the Evaluator to provide the supporting information needed to meet regulatory requirements.
Prohibited Practices
Regardless of whether the Service is in evaluation or production use, the Evaluator must not use the Service for any purpose prohibited under Article 5 of the AI Act. This includes social scoring, real-time remote biometric identification in publicly accessible spaces (except where expressly authorised by law), and exploitation of the vulnerabilities of specific groups.
Image Analyzer’s Commitments
Image Analyzer will:
- make available technical documentation and instructions for use to help the Evaluator understand the Service’s capabilities, limitations, and intended purpose;
- design the Service so that, where reasonably practicable, it can be effectively overseen by the Evaluator during evaluation;
- notify the Evaluator without undue delay if Image Analyzer becomes aware that the Service may present a risk within the meaning of the AI Act; and
- where the Evaluator intends to integrate the Service into its own product under Article 25 of the AI Act, provide the information and technical documentation reasonably needed for the Evaluator to understand its downstream obligations.
- the Evaluator’s role under the AI Act (deployer, or provider under Article 25) based on the intended use;
- which deployer or provider obligations are engaged by the Evaluator’s specific deployment; and
- the technical documentation, risk assessments, and other materials Image Analyzer will provide to support the Evaluator’s compliance.
Moving to Production
If, following the Evaluation Period, the Evaluator wishes to deploy the Service in a production environment, the parties will discuss and agree on the appropriate compliance framework, including:
Any production deployment will be governed by a separate agreement which will incorporate updated AI Act supplementary terms appropriate to production use.
General
Nothing in these AI Terms or the Agreement constitutes legal or regulatory advice. The Evaluator should obtain independent professional advice on its obligations under the AI Act.
These AI Terms are governed by the governing law stated in the Agreement.