Swarmia AI Addendum

Last updated 10 February 2026

This Swarmia AI Addendum (the "AI Addendum") forms part of and is incorporated into the Swarmia Terms of Service (the "Agreement") between Customer and Swarmia Oy ("Swarmia"). This AI Addendum applies to Customer's access to and use of AI Features (defined below) made available as part of the Service.

Capitalized terms used but not defined in this AI Addendum have the meanings given in the Agreement and, where applicable, Swarmia's Data Processing Agreement.

Covered AI Features

The Service may include certain AI-assisted features and functionality ("AI Features") to support analysis and understanding of engineering work and related operational metrics. These features may use machine learning and large language models to generate summaries, classifications, forecasts, and other insights based on Customer Material and engineering activity data.

AI Features are intended to assist users with visibility, reporting, and workflow improvement. Output is provided for informational purposes only and is not intended to replace human judgment or independent review.

1. Definitions

   1. "AI" means computer systems and software that can perform tasks typically requiring human intelligence, including machine learning and large language model techniques used to generate, transform, summarize, classify, or otherwise process content or insights.
   2. "AI Features" means any service, feature, or functionality made available by Swarmia or through the Service (including any alpha or beta features) that utilizes AI.
   3. "AI Performance Data" means de-identified and/or aggregated operational and performance data related to the use of the AI Features, including which AI Features are used, time spent using AI Features, performance metrics, and similar telemetry and metadata, together with analysis and derived insights from such data. AI Performance Data does not identify any individual and does not include Customer Material, Input, Output, or AI Content.
   4. "Authorized Users" means Customer's and its Affiliates' employees, consultants, and contractors who are authorized to use the Service under the Agreement.
   5. "Account Administrators" means Authorized Users designated by Customer as administrators of Customer's workspace/account within the Service (or, if no such designation exists, the primary technical and/or billing contacts associated with Customer's account).
   6. "Input" means any prompts, instructions, queries, text, or other information supplied by Customer or its Authorized Users to the AI Features to generate Output. Input is Customer Material.
   7. "Output" means responses generated and presented by the AI Features in response to Input. Output may include summaries, synthesized key takeaways, and insights derived from Customer Material. Output may be similar or identical to output generated for other customers and is not guaranteed to be unique.
   8. "AI Content" means Input and Output.
   9. "Model" means the machine learning model(s) or algorithm(s) used to power AI Features, including large language models provided by Swarmia and/or its subcontractors.
   10. "Training" means using data to develop, improve, refine, or optimize Models, including initial model development, fine-tuning, reinforcement learning, continuous learning, model updates intended to improve a Model beyond a specific customer request, or creation of derivative models or datasets. For clarity, Training does not include processing strictly necessary to generate Output in response to a specific Input, provided such processing is not used to improve or train Models for use beyond generating Output for that Input.

2. AI Usage and Restrictions

   1. Right to Use. Subject to Customer's compliance with the Agreement and this AI Addendum, Swarmia grants Customer a non-exclusive, non-transferable, non-sublicensable, limited right to use the AI Features during the term of the Agreement for Customer's and its Affiliates' internal business purposes only.
   2. Customer Responsibility. Customer is responsible for (a) the content of Inputs, (b) ensuring it has all rights and permissions necessary to submit Inputs (including any personal data), and (c) reviewing and validating Output before relying on or using it. Customer is solely responsible for Customer's use and dissemination of Output.
   3. Permitted Processing. Customer grants Swarmia and its subcontractors a limited right to process AI Content solely to provide, maintain, secure, and support the AI Features and the Service, and to comply with applicable law. For purposes of the Agreement's confidentiality obligations, Swarmia will treat AI Content as Customer Material and Customer Confidential Information.
   4. Restrictions. Customer will not (and will not permit any Authorized Users to) use the AI Features:
      1. to mislead any person that Output was solely human-generated where doing so would be deceptive or unlawful;
      2. to generate, distribute, or use Output in a manner that is unlawful, infringing, harmful, fraudulent, or deceptive;
      3. to violate Swarmia's technical documentation, usage guidelines, or parameters;
      4. to attempt to reverse engineer, extract, or discover underlying Models, system prompts/instructions, or safeguards, except to the extent such restriction is prohibited by applicable law; or
      5. to submit special categories of personal data or other sensitive regulated data (including protected health information, government-issued identification numbers, or personal financial/bank account information) unless expressly permitted in writing by Swarmia and handled under the DPA where applicable.

3. Data and Intellectual Property Ownership

   1. Customer Material. As between the parties, Customer retains all right, title, and interest (including Intellectual Property Rights) in and to Customer Material, including Inputs.
   2. Output Ownership. As between the parties, Customer owns Output to the extent permitted by applicable law. To the extent Swarmia has any Intellectual Property Rights in Output, Swarmia assigns such rights to Customer.
   3. Swarmia Technology. Swarmia retains all right, title, and interest in and to the Service, AI Features, Models, and Swarmia technology (including improvements and derivatives), and in AI Performance Data.
   4. Feedback. If Customer provides feedback regarding AI Features, Swarmia may use it without restriction and without obligation to Customer.

4. AI Improvements and No-Training Commitment

   1. AI Performance Data. Swarmia may use AI Performance Data to operate, maintain, secure, and improve the Service and AI Features.
   2. No Training on Customer Material / AI Content. Swarmia will not use Customer Material or AI Content (including Inputs or Output) to Train any Model, and will not permit any subcontractor or third-party (including providers of Models) to do so, in each case for any purpose. This commitment applies whether Swarmia is acting as a controller or processor in connection with any personal data contained in Customer Material or AI Content.
   3. No Third-Party Training. Swarmia will not provide AI Content to any third party for the purpose of Training Models. Swarmia may disclose AI Content to subcontractors solely as necessary to provide AI Features and the Service, subject to confidentiality and data protection obligations no less protective than those set out in the Agreement and the DPA where applicable.

5. Risks and Limitations

   1. AI Limitations. AI Features and Output may be inaccurate, incomplete, misleading, offensive, or otherwise unsuitable for Customer's purposes. Customer is responsible for establishing internal policies for AI use and ensuring meaningful human review of Output where appropriate.
   2. No Professional Advice. Output is not professional advice (including legal, medical, HR, or financial advice) and should not be relied on as such.
   3. Disclaimers, Liability, and Indemnities. The Service, including AI Features and Output, is provided on an "as is" and "as available" basis and is subject to the Agreement's disclaimer of warranties, limitation of liability, and indemnification provisions. Nothing in this AI Addendum expands Swarmia's obligations beyond those set out in the Agreement and the DPA.

6. Changes to AI Features

   1. Swarmia may modify, update, replace, or discontinue AI Features and/or underlying Models ("Model Updates") in accordance with the Agreement, including the change provisions in Section 2.2 and Section 2.3 of the Agreement.
   2. Where a change to AI Features has a material adverse effect on the agreed functionality of the Service or otherwise materially adversely affects Customer under the Agreement, Swarmia will provide notice and Customer will have the termination right described in Section 2.2 of the Agreement. Swarmia will deliver such notice by email to Account Administrators and/or by other reasonable means permitted under the Agreement.

7. Data Protection

   1. To the extent Swarmia (or its subcontractors) processes personal data on behalf of Customer in connection with AI Content or AI Features (including names and email addresses from systems such as GitHub/GitLab/Jira), such processing is governed by the DPA. The parties' roles (controller/processor and any CCPA service provider status) remain as set out in the DPA.
   2. This AI Addendum does not modify Swarmia's Privacy Policy or any controller processing described in the Agreement; however, the no-training commitment in Section 4.2 applies to Customer Material and AI Content regardless of Swarmia's role.

8. Security

   1. Swarmia will implement and maintain appropriate technical and organizational measures consistent with the Agreement and, where applicable, the DPA. Swarmia will notify Customer of personal data breaches as set out in the DPA.

9. Audit

   1. No Additional Audit Rights. This AI Addendum does not grant Customer any audit rights beyond those provided in the Agreement or the DPA.
   2. DPA Audit Rights Unaffected. Nothing in this AI Addendum limits Customer's audit rights under the DPA with respect to personal data processed in connection with AI Features.

10. Term and Termination

    1. This AI Addendum remains in effect for so long as the Agreement remains in effect and Customer uses AI Features. For clarity, Customer's termination rights for material adverse changes under Section 2.2 of the Agreement apply to material adverse changes to AI Features.

11. Controlling Terms; Subcontractors and Third-Party AI Providers

    1. Controlling Terms. If there is a direct conflict between this AI Addendum and the Agreement, this AI Addendum controls solely with respect to AI Features. For the avoidance of doubt, nothing in this AI Addendum modifies or overrides the DPA. In the event of any conflict between this AI Addendum and the DPA, the DPA prevails.
    2. Subcontractors / Third-Party AI Providers. Swarmia may use subcontractors and Affiliates to provide parts of the Service, including AI Features. Subprocessor engagement and any objection rights relating to personal data are governed by the DPA and Swarmia's subprocessor list at swarmia.com/subprocessors.
    3. Feature Choice for Starred Providers. Where AI Features rely on a third party marked with an asterisk (*) in Exhibit A, Customer may choose not to use the applicable AI Feature by contacting security@swarmia.com. If Customer opts out, certain AI Features may be unavailable. This feature choice is separate from (and does not limit) Customer's rights under the DPA.

For the avoidance of doubt, Swarmia maintains an up-to-date list of subprocessors with access to personal data at swarmia.com/subprocessors. In case of any discrepancy between that list and this Exhibit A, the list at swarmia.com/subprocessors will control for purposes of subprocessor identification and notice.

Opt-out note: You may choose not to use the functionality provided by providers marked with an asterisk (*). If you want to opt out, please contact security@swarmia.com.