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AI Usage Policy.

Artificial Intelligence (AI) Usage, Copyright and Publication

1. Use of Artificial Intelligence 

The Client acknowledges and agrees that Green Hat may use artificial intelligence and machine‑assisted technologies to assist in the production, enhancement, and delivery of the agreed services (“AI‑Assisted Content”). 

For the purposes of this agreement, “AI Tools” means only AI systems, models, platforms, agents and services that are: 

(a) approved or sanctioned by Green Hat; 

(b) used in accordance with Green Hat’s internal AI governance policies; 

(c) provisioned through Green Hat’s controlled tooling and access processes. 

2. Client Materials and Warranties 

The Client warrants that it has all necessary rights, consents, licences, and authority to provide any materials, likenesses, voices, images, recordings, data, personal information, or intellectual property supplied to Green Hat for use in AI‑Assisted Content, and that such use does not infringe the rights of any third party. 

The Client indemnifies Green Hat for any breach of this warranty. 

3. AI Risks and Synthetic Media 

The Client acknowledges that: 

  • AI Tools may produce unpredictable, inaccurate, incomplete, or variable outputs; 

  • AI‑Assisted Content may unintentionally resemble real persons, voices, likenesses, brands, or works; 

  • AI‑generated personas, avatars, synthetic voices, or synthetic video may give rise to claims including impersonation, defamation, misleading conduct, publicity, or reputational harm. 

To the maximum extent permitted by law, the Client accepts these risks and agrees that Green Hat is not responsible for claims arising from: 

  • resemblance or likeness issues, 

  • use of synthetic or AI‑generated media, 

  • limitations, errors, or biases inherent in AI Tools or their training data. 

4. Review, Approval and Publication 

The Client acknowledges that AI‑Assisted Content may contain inaccuracies or variations and agrees to review and approve all such content prior to publication or public distribution. 

Where the Client approves, publishes, distributes, or otherwise uses AI‑Assisted Content (including on websites, advertising, paid media, or third‑party platforms), the Client: 

  • accepts full responsibility for that use; 

  • warrants it has undertaken its own legal, regulatory, and commercial assessment of risk; 

  • is solely responsible for ensuring compliance with intellectual property, moral rights, privacy, publicity, consumer, and advertising laws. 

5. Copyright and Ownership 

The Client acknowledges that under Australian law, copyright protection in AI‑generated material may be uncertain or limited. 

Green Hat makes no warranty that AI‑Assisted Content is original, non‑infringing, or suitable for publication without further legal review. 

6. Third‑Party AI Tools 

AI Tools may be supplied or supported by third parties and subject to their own terms, limitations, availability, and policies. 

Green Hat is not liable for: 

  • outages, changes, or discontinuation of AI Tools; 

  • claims relating to AI model training data or third‑party tool functionality. 

7. Data Protection and Offshore Processing 

Where AI‑Assisted Content involves Client data or personal information, the Client authorises Green Hat to process such data using AI Tools, which may involve offshore processing or storage. 

The Client warrants it has obtained all necessary consents and approvals for such processing including cross‑border disclosure. 

Higher‑risk data categories (including sensitive personal information, regulated data, or data subject to heightened contractual or regulatory obligations) must not be processed using AI Tools without the Client’s prior written approval. 

Green Hat will not retain Client data processed via AI Tools longer than reasonably necessary to provide the services, unless otherwise required by law or expressly agreed in writing. 

8. Indemnity 

To the maximum extent permitted by law, the Client indemnifies and holds harmless Green Hat from any claim, loss, damage, cost, or liability arising from: 

  • the Client’s publication, distribution, or use of AI‑Assisted Content; 

  • materials or data supplied by the Client; 

  • the Client’s breach of this agreement, 

except to the extent caused by Green Hat’s material breach of this agreement. 

9. Limitation of Liability 

To the maximum extent permitted by law, Green Hat’s total aggregate liability arising out of or in connection with this agreement is limited to the fees paid by the Client to Green Hat in the twelve (12) months preceding the event giving rise to the claim. 

Green Hat is not liable for any indirect, consequential, or economic loss, including loss of profit, reputation, or opportunity. 

Nothing in this agreement excludes or limits any rights or guarantees that cannot be excluded under applicable law. 

10. Relationship to Other Agreements 

This agreement supplements the parties’ Master Services Agreement, if it exists, or any other agreements or terms of engagement. In the event of any inconsistency, this Agreement prevails in relation to AI‑Assisted Content.