Terms of service

AI ENABLED SERVICES ADDENDUM

Use of and access to Provider’s services that are enabled by artificial intelligence (“AI”) systems for guidance, recommendation, and/or action (“AI Enabled Services”) is governed by this AI Enabled Services Addendum (“Addendum”). This Addendum 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. For purposes of this Addendum, “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., or 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 prevail for the purposes of the AI Enabled Services. For clarity, key terms specific to the AI Enabled Services (such as “Inputs,” “Results,” “Customer Materials,” “Personal Information” and “Excluded Data”) are defined in this Addendum.

AI Enabled Services are for business or commercial use only and are not intended for personal or consumer use.

1. AI ENABLED SERVICES

AI Enabled Services are offered as a Subscription service designed to help customers monitor, analyze, and understand their building System operations. AI Enabled Services use remote connectivity 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 available to Customer the AI Enabled Services and supporting documentation (“Documentation”). Documentation means any user manuals, handbooks, model cards, training data summaries, model capabilities and limitations documentation, known issues lists, technical requirements, system dependencies, third-party terms, usage restrictions and other guides relating to the AI Enabled Services provided by Provider to Customer, whether delivered directly or made available online. The Documentation includes all necessary information on technical requirements and prerequisites for using the AI Enabled Services. Provider may update the Documentation from time to time in its sole discretion to reflect changes in the AI Enabled Services.

The AI Enabled Services are provided as a hosted subscription service and may also interoperate with or be used in conjunction with other Provider services, as described in the Agreement. The scope, feature set, technical specification, Subscription term and service entitlements will be as described in the Agreement.

Provider and its licensors retain all right, title and interest in and to the AI Enabled Services, including without limitation all Documentation and infrastructure related thereto. 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 (meaning the equipment, platforms, software, or applications owned, operated, or maintained by Customer in connection with the Agreement), whether (i) provided, uploaded, or otherwise used by Customer, or (ii) identified by reference to Systems owned, operated, or maintained by Customer, 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) to carry out Provider’s obligations under this Addendum, (c) to query databases for additional information about Customer’s Systems; (d) to carry out Provider’s obligations under applicable law, and (e) as otherwise directed by Customer.

RAG and Third-Party AI. The AI Enabled Services may also 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 also 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 source. Customer acknowledges that their use of any Third-Party AI or external knowledge source is at their own risk, and Provider shall not be liable for any damages, losses, or liabilities arising from or related to the use, unavailability, incompleteness, or inaccuracy of such Third-Party AI or external knowledge source.

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 carry out Provider’s obligations under this Addendum. Provider will not obtain and does not obtain any ownership rights in the Customer Materials; all such rights remain with Customer or the applicable third party. Customer remains solely responsible for compliance with all licenses or restrictions that apply to any Customer Materials it provides.

3. SECURITY AND DATA PROTECTION

Security and data protection obligations applicable to the AI Enabled Services are governed by the applicable Service Terms and any security schedules or addenda incorporated therein. To the extent Provider makes available a separate security addendum specific to the AI Enabled Services, such addendum shall also apply and shall prevail with respect to security obligations in the event of conflict.

4. RESULTS

The AI Enabled Services may generate various types of outputs, including without limitation, 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 these technologies generate outputs that are probabilistic and non-deterministic in nature, Results may at times be unexpected, unreliable, incomplete or inaccurate.

All Results are provided “as is” and with “all faults.” Provider makes no representations or warranties of any kind regarding the Results, including, without limitation, any warranty as to accuracy, completeness, timeliness, truthfulness, or fitness for a particular purpose.

5. CUSTOMER OBLIGATIONS

Customer represents, warrants and covenants that:

1. it has and will maintain all rights, licenses, consents and permissions necessary to provide the Inputs for use in connection with the AI Enabled Services, including without limitation any Customer Materials, manuals related to Customer’s Systems, or other materials submitted by Customer or identified by reference to Systems owned, operated, or maintained by Customer;
2. to the extent AI Enabled Services access or rely on documentation, manuals or other materials associated with such Systems, Customer is authorized to use such materials in connection with the operation and maintenance of the Systems, and Provider’s use of such materials for the purposes of delivering the AI Enabled Services is likewise authorized;
3. such provision and use of Customer Data, Inputs, and Customer Materials will not infringe, misappropriate, or otherwise violate any intellectual property, privacy, proprietary, or other rights of any third party; and
4. it will not include or transmit Excluded Data (as defined below) or permit transmission of Excluded Data as an Input.

Customer acknowledges and agrees that:

1. Provider shall not be liable for the unavailability, suspension, or discontinuation of any Third-Party AI or external knowledge source, nor for any third party’s decision to provide, modify, suspend, or terminate access to such sources; and
2. Customer remains solely responsible for reviewing, validating, and verifying the Results prior to relying on them or using them in any decision.

Further, Customer recognizes and agrees that: (i) Provider has no liability for any failure to provide protections in the Excluded Data Laws (as defined below) or otherwise to protect Excluded Data; and (ii) Provider’s Systems are not intended for management, processing, storage, or protection of Excluded Data and may not provide adequate or legally required security for Excluded Data. Provider is not responsible or liable for any data incident or other loss to the extent that it involves Excluded Data.

“Excluded Data” means all 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 permit, whether directly or indirectly, the assumption of the identity of the data subject or otherwise cause material harm to an individual or business. For the purposes of this Addendum, “Personal Information” means any information or data that identifies, relates to, describes, is reasonably capable of being associated with or could reasonably be linked, either directly or indirectly, with an individual person. This includes, without limitation, personal identification numbers (i.e. passport, driver’s license, military, student, tax, state ID, etc.), financial and payment information, user and account information, credentials, biometric data, medical information, education and employment information, records, physical and electronic addresses, phone numbers, etc.

“Excluded Data Laws” means any law or regulation governing the collection, use, storage, security, or processing of Excluded Data, including, without limitation, any law or regulation protecting privacy, confidentiality, or security rights of Excluded Data subjects.

Use Restrictions. To the fullest extent possible under applicable law, Customer agrees not to do any of the following: (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 Service, (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 individual employment related matter or otherwise use the AI Enabled Services for consequential decisions regarding individuals, (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) attempt, cause, permit, or encourage, whether , directly or indirectly, any of the foregoing.

Customer shall 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 lead to death, personal injury, or physical, financial, or reputational harm.

Customer agrees to use the AI Enabled Services in accordance with all applicable Documentation, which may include further details regarding 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 the Inputs, Customer Data, or Customer Materials provided or made available by Customer 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. RESULTS

Use of Results. Customer is granted a limited, non-exclusive, non-transferable right to use Results generated by the AI Enabled Services 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, whether in original or modified form, (b) use Results for any commercial purpose outside the scope of its own internal business operations or use Results for the benefit of any third party, or (c) modify Results for distribution or in any way represent any modified output as original Results of the AI Enabled Services.

Evaluation Obligation. Customer is solely responsible for evaluating (including through appropriate human review, due diligence, and oversight) any Results for accuracy, completeness, reliability, and any other factors relevant to such use before relying on or acting upon the Results. This evaluation obligation applies regardless of any guardrails, filters, controls, updates, or any other mechanism Provider may implement.

Responsibility and Disclaimer. Customer is solely responsible for any use of or reliance on Results, including actions, decisions, or omissions based thereon. Customer must conduct appropriate human review, oversight, and evaluation of all Results for accuracy, legal compliance, and fitness for its intended use or purpose prior to any such use or reliance.

Provider disclaims all liability arising from or relating to the Results or Customer’s use of or reliance on them. To the extent any such liability cannot be disclaimed under applicable law, it shall in all cases be subject to the exclusions and limitations of liability set forth in the Service Terms.

8. SERVICE SUSPENSION & OVERUSE

In addition to any suspension rights granted 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) such use places 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 restore suspended access promptly once Customer has taken commercially reasonable steps to address the cause of the suspension, including by reducing usage to standard patterns or purchasing additional capacity, if applicable. Suspension or any restoration under this Section does not relieve Customer of its payment obligations or any applicable overage charges.

9. ENTITLEMENTS

AI Enabled Services are initially delivered only for the service entitlements specified in the applicable offer, proposal, order form, or other ordering document as of the Effective Date. Such entitlements may include limits on locations, equipment, number of users, or features, and may vary by jurisdiction. Additional or modified entitlements, including those added by expansion or rollout, may be included only by mutual written agreement of the parties’ authorized representatives (including confirmed email), and are subject to Provider’s capacity and availability.

The Subscription to AI Enabled Services will not begin for any replacement or additional entitlements until both parties have, in writing, confirmed all applicable fees (including annual subscription and integration fees) for that entitlement.

Any operational update to the entitlements, as applicable, including the addition or substitution of locations, equipment, users or features, that is agreed in writing by the Parties’ authorized representatives (including by mutually confirmed email) will be binding without the need for a formal amendment of the Agreement.

10. COMMUNICATION AND FEEDBACK

For the purposes of this Addendum, and notwithstanding any similar provisions in the Service Terms, the following shall apply with respect to communications, feedback, and usage monitoring under the AI Enabled Services:

1. Customer acknowledges the importance of communication between Customer and Provider and agrees to receive related correspondence and updates from Provider;
2. “Feedback” means any suggestions, comments, ideas, reports, recommendations, or other feedback provided by Customer to Provider relating to the AI Enabled Services (including Preview Features). For example, if a User rates a chat response to a prompt by using the thumbs up/thumbs down icon, Provider may store the related conversation as part of Customer’s Feedback. Customer has no obligation to give Feedback, but if it does, Customer agrees that Provider may use the Feedback in any manner and for any purpose it chooses, without any obligation or payment to Customer. For clarity, this Section prevails over any contrary provision in the Connected Services Terms (including provisions addressing ownership of deliverables, data, or intangible property); and

Customer acknowledges and agrees that Provider may monitor how Customer uses the AI Enabled Services (including Preview Features), including, without limitation, usage patterns, interaction data, and performance data, and use that information to improve the AI Enabled Services or Provider’s other products and services. For the purposes of clarity, Provider may collect, compile, and use data related to Customer’s use of the AI Enabled Services in an 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 Aggregated Statistics do not identify Customer or its Users.

11. CLICK THROUGH ACCEPTANCE.

Access to the AI Enabled Services may require each User to indicate acceptance of certain terms of use presented through a click-through or similar online mechanism. Such acceptance applies to the User’s access and governs such User’s individual access to the AI Enabled Services. Customer acknowledges and agrees that each User’s acceptance is also deemed acceptance on behalf of Customer, and Customer remains fully responsible for its Users’ compliance therewith. Any breach of such terms of use by a User will be deemed a breach by Customer.

12. 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: 2025-09-30