Terms of Service
Last revised on September 03, 2026
AI ENABLED SERVICES ADDENDUM
Use of and access to Provider’s services enabled by artificial intelligence (“AI”) systems for guidance, recommendation, and/or action (“AI Enabled Services”) is governed by this AI Enabled Services Addendum (“Addendum”), which supplements and forms part of the applicable terms and conditions between the contracting entity (“Provider”) and the customer (“Customer”) (the “Service Terms”). Together, the Service Terms, this Addendum, any applicable security addenda, and the ordering document (offer, proposal, order form or equivalent) for AI Enabled Services (collectively, the “Agreement”) govern Customer’s access to and use of the AI Enabled Services. “Provider” (or “Company”) means the contracting party that provides the AI Enabled Services, which may be Trane U.S. Inc., Trane Canada ULC, Thermo King LLC, Brainbox AI Inc., Brainbox AI Retail Inc., their respective affiliates, or authorized resellers acting on their behalf. Unless otherwise defined, capitalized terms have the meanings given in the Service Terms, provided that definitions in this Addendum (including “Inputs,” “Results,” “Customer Materials,” “Personal Information” and “Excluded Data”) prevail for purposes of the AI Enabled Services.
For the avoidance of doubt, as used in this Addendum: (a) “Customer Data” and “User” (or “Users”) have the meanings given in the applicable Service Terms, and where the applicable Service Terms use different terminology, references in this Addendum to “Customer Data” include “Your Data,” and references to “User” or “Users” include “End-Users,” as those terms are defined in such Service Terms; and (b) “Preview Features” means any AI Enabled Services features, functionality, or releases that Provider makes available on a preview, beta, trial, evaluation, early access, or similar basis.
AI Enabled Services are for business or commercial use only, not personal or consumer use.
1. AI ENABLED SERVICES
AI Enabled Services are Subscription services designed to help Customer monitor, analyze, and understand the operation of its building systems (meaning the equipment, platforms, software, or applications owned, operated, or maintained by Customer in connection with the Agreement) (“Systems”). They may be accessed through a web-based and/or native mobile application (iOS and Android) or other delivery channels designated by Provider. AI Enabled Services may include agentic AI, recommendation AI, and chatbot AI features.
Provider will make the AI Enabled Services and supporting documentation (“Documentation”) available to Customer. Documentation means any user manuals, handbooks, model cards, training data summaries, model capabilities and limitations documentation, known issues lists, technical requirements and prerequisites, system dependencies, third-party terms, usage restrictions and other guides relating to the AI Enabled Services that Provider provides or makes available online. Provider may update the Documentation from time to time in its sole discretion, including to reflect changes in the AI Enabled Services.
The AI Enabled Services are provided as a hosted subscription service that may interoperate with other Provider services; the scope, feature set, technical specifications, Subscription term, and service entitlements are as described in the Agreement. Entitlements are limited to those specified in the applicable ordering document as of the Effective Date and may vary by jurisdiction. Additional or modified entitlements (including any addition or substitution of locations, equipment, users, or features, whether through expansion or rollout) require mutual written agreement between the parties’ authorized representatives (including by confirmed email), are subject to Provider’s capacity and availability, and are binding without any formal amendment of the Agreement; provided that a Subscription for any replacement or additional entitlement will not begin until both parties confirm all applicable fees (including annual subscription and integration fees) in writing.
Provider and its licensors retain all right, title, and interest in and to the AI Enabled Services, including the Documentation and related infrastructure. All rights not expressly granted by Provider under this Addendum are reserved.
2. INPUTS AND CUSTOMER MATERIALS
The AI Enabled Services may use any manuals, documentation, or other materials relating to Customer’s Systems, whether (i) provided, uploaded, or otherwise used by Customer, or (ii) identified by reference to Customer’s Systems, together with any content, works, or materials that Customer represents it has sufficient rights or licences to make available for use in connection with the AI Enabled Services (collectively, “Customer Materials”).
Customer Instructions. Customer instructs Provider to process Customer Data, Inputs and Customer Materials to (a) provide the AI Enabled Services, (b) perform Provider’s obligations under this Addendum, (c) query databases for additional information about Customer’s Systems, (d) comply with applicable law, and (e) follow Customer’s other lawful directions.
RAG and Third-Party AI. The AI Enabled Services may access and use third-party documentation and knowledge sources, including through retrieval-augmented generation (“RAG”) techniques to search across Customer Materials and external knowledge sources, and may rely on third-party artificial intelligence platforms, algorithms, and models (“Third-Party AI”) to generate or enhance Results. Provider makes no representation or warranty regarding the availability, accuracy, completeness, or reliability of any Third-Party AI or external knowledge sources and shall not be liable for their unavailability, suspension, or discontinuation, or for any third party’s decision to provide, modify, suspend, or terminate access to them. Customer uses and relies on them at its own risk, and Provider is not liable for any damages, losses, or liabilities arising from or related to their use, unavailability, incompleteness, or inaccuracy.
Customer License to Provider. Customer hereby grants Provider a non-exclusive, worldwide, royalty-free license to use Customer Materials to provide the AI Enabled Services and perform Provider’s obligations under this Addendum. Customer or the applicable third party retains ownership of Customer Materials. Customer remains solely responsible for compliance with applicable licenses or restrictions on Customer Materials it provides.
3. SECURITY AND DATA PROTECTION
Security and data protection obligations for the AI Enabled Services are set out in the applicable Service Terms and incorporated security schedules or addenda. To the extent Provider makes available a separate security addendum specific to the AI Enabled Services, such addendum shall also apply and shall prevail over conflicting security obligations.
4. RESULTS
The AI Enabled Services may generate various types of outputs, including information, data, text, images, works, responses, templates, suggestions, drafts, and other content (collectively, “Results”) in response to Customer-provided inputs (“Inputs”) using Customer Materials, Third-Party AI, and external knowledge sources. Because AI outputs are probabilistic and non-deterministic, Results may at times be unexpected, unreliable, incomplete or inaccurate.
Use of Results. Customer is granted a limited, non-exclusive, non-transferable right to use Results solely for its own internal business purposes in connection with the operation or management of its Systems. Customer shall not (a) publish, distribute, sublicense, display, or otherwise make Results available to any third party, in original or modified form, (b) use Results for the benefit of any third party or for any commercial purpose outside its internal business operations, or (c) modify Results for distribution or represent any modified output as original Results of the AI Enabled Services.
Evaluation Obligation. Customer is solely responsible for reviewing, validating, and evaluating all Results, including through appropriate human review, due diligence, and oversight, for accuracy, completeness, reliability, legal compliance, and fitness for their intended use, before relying on, acting upon, or using them in any decision. This obligation applies regardless of any guardrails, filters, controls, updates, or other mechanisms Provider may implement, and Customer is solely responsible for any actions, decisions, or omissions based on the Results.
Disclaimer. All Results are provided “as is” and with “all faults.” Provider disclaims all warranties regarding the Results, including as to accuracy, completeness, timeliness, truthfulness, or fitness for a particular purpose, and disclaims all liability arising from or relating to the Results or Customer’s use of or reliance on them. To the extent such liability cannot be disclaimed under applicable law, it shall be subject to the exclusions and limitations of liability set forth in the Service Terms.
5. CUSTOMER OBLIGATIONS
Customer represents, warrants and covenants that:
a. it has and will maintain all rights, licenses, consents and permissions necessary to provide the Customer Data, Inputs, and Customer Materials for use with the AI Enabled Services;
b. it is authorized to use, and authorizes Provider to use, materials associated with Customer’s Systems to provide the AI Enabled Services;
c. Customer Data, Inputs, and Customer Materials, and their use as contemplated by the Agreement, will not infringe, misappropriate, or otherwise violate any intellectual property, privacy, proprietary, or other rights of any third party; and
d. it will not include, transmit, or permit transmission of Excluded Data (as defined below) as an Input or as Customer Materials.
Customer further recognizes and agrees that the AI Enabled Services are not designed or intended to satisfy legal or security requirements applicable specifically to Excluded Data and are not intended for managing, processing, storing, or protecting Excluded Data. Accordingly, the AI Enabled Services may not provide adequate or legally required security for Excluded Data. Provider does not assume any obligation to provide protections specifically required for Excluded Data and is not responsible or liable for any data incident or other loss to the extent arising from Excluded Data submitted by Customer in violation of this Addendum.
“Excluded Data” means Personal Information, government identification numbers, financial and payment account information, Internet protocol addresses, account information, security information, credentials, and any other information that, if compromised, could directly or indirectly permit assumption of the identity of the data subject or otherwise cause material harm to an individual or business. For clarity, the restrictions and disclaimers relating to Excluded Data apply solely to data that Customer includes, transmits, submits, or otherwise makes available as an Input or as Customer Materials for processing by the AI Enabled Services. They do not apply to, restrict, or otherwise affect information that Provider independently collects, generates, or processes to provide, secure, administer, monitor, or support the AI Enabled Services, even if that information would otherwise fall within the categories described above.
“Personal Information” means information or data that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with an individual person, including personal identification numbers (e.g., passport, driver’s license, military, student, tax, or state ID), financial and payment information, user and account information, credentials, biometric data, medical information, education and employment information and records, physical and electronic addresses, and phone numbers.
“Excluded Data Laws” means laws or regulations governing the collection, use, storage, security, or processing of Excluded Data, including those protecting the privacy, confidentiality, or security rights of Excluded Data subjects.
Use Restrictions. To the fullest extent permitted under applicable law, Customer will not: (a) engage in model extraction, modify, adapt, translate, reverse engineer, decompile, disassemble or convert any elements of the AI Enabled Services or otherwise attempt to discover the source code, algorithms, logic or other components of the AI Enabled Services, (b) use the AI Enabled Services in a manner that violates laws or the rights of others, (c) engage in any activity that interferes with or disrupts services or any computer, software, network or other device used to provide such services, (d) use the AI Enabled Services as the primary basis for evaluating employment-related matters concerning an individual, or otherwise use the AI Enabled Services as the primary basis for any decision that produces legal or similarly significant effects concerning an individual, (e) sublicense, distribute, or otherwise commercially exploit or make the AI Enabled Services available to any third party, (f) use the AI Enabled Services, Results, or any component or derivative thereof to develop, train or commercialize any product or service that could be competitive with the AI Enabled Services or to train any third-party AI technologies, (g) remove or obscure any disclaimers or proprietary notices within the AI Enabled Services, or (h) directly or indirectly attempt, cause, permit, or encourage any of the foregoing.
Customer will not use the AI Enabled Services in any high-risk, critical infrastructure or safety-critical applications, or where errors or failures could reasonably be expected to cause death, personal injury, or physical, financial, or reputational harm.
Customer agrees to use the AI Enabled Services in accordance with applicable Documentation, which may further specify the Use Restrictions.
6. INDEMNIFICATION
Customer shall indemnify, defend, and hold harmless Provider and its affiliates, and their respective officers, directors, employees, and agents, from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to: (i) any allegation that Inputs, Customer Data, or Customer Materials infringe, misappropriate, or otherwise violate the intellectual property or proprietary rights of a third party; (ii) Customer’s breach of its obligations under Section 5 (Customer Obligations); or (iii) Customer’s use or activities related to Excluded Data in the AI Enabled Services.
7. SERVICE SUSPENSION & OVERUSE
In addition to any suspension rights under the Service Terms, Provider may suspend or limit access to the AI Enabled Services (in whole or in part, or for any individual location, equipment, feature or User) if, in Provider’s reasonable discretion, (a) Customer’s use materially exceeds standard or reasonable usage patterns, (b) Customer’s use imposes abnormal or excessive demands on the AI Enabled Services, or (c) suspension is necessary to prevent harm, degradation, or disruption to the AI Enabled Services. Provider will use commercially reasonable efforts to notify Customer prior to any suspension under this Section.
Restoration. Provider will promptly restore access after Customer takes commercially reasonable steps to address the cause of the suspension, including reducing usage to standard patterns or purchasing additional capacity, if applicable. Suspension does not relieve Customer of its payment obligations or applicable overage charges.
8. COMMUNICATION AND FEEDBACK
a. Customer agrees to receive correspondence and updates from Provider relating to the AI Enabled Services;
b. “Feedback” means any suggestions, comments, ideas, reports, or recommendations Customer provides regarding the AI Enabled Services (including Preview Features). Customer need not provide Feedback, but Provider may use any Feedback for any purpose without obligation or payment to Customer. This Section prevails over contrary provisions in the Service Terms, including those concerning ownership of deliverables, data, or intangible property;
Customer acknowledges and agrees that Provider may monitor Customer’s use of the AI Enabled Services (including Preview Features), including usage patterns, interaction data, and performance data, and compile such data in aggregated and anonymized form (“Aggregated Statistics”) to analyze, improve, modify, support, and operate the AI Enabled Services and Provider’s other products and services. Provider may use and disclose Aggregated Statistics for any lawful purpose, including public reporting, provided that they do not identify Customer or its Users.
9. CLICK THROUGH ACCEPTANCE
Access to the AI Enabled Services may require each User to accept terms of use through a click-through or similar online mechanism. Each User’s acceptance is deemed to constitute acceptance on behalf of Customer; Customer remains fully responsible for its Users’ compliance with those terms, and a User’s breach of those terms is deemed to be a breach by Customer.
10. MISCELLANEOUS
All other terms of the Service Terms remain in full force and effect and apply to Customer’s use of AI Enabled Services except as specifically modified or supplemented by this Addendum. In the event of a conflict, this Addendum shall prevail solely with respect to the AI Enabled Services.
Effective Date: 2025-09-30
Last modified: 2026-09-03