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AI Services Package

Updated

Scope & Nature of Services

  • AI systems are probabilistic; outputs may vary, be inaccurate, incomplete, biased, or unexpected.
  • Applies to AI consulting, LLM integration, AI agent development, generative AI, MLOps, and AI-enabled automation.
  • Supplements service-specific packages and the Quality, Retention, Security & Compliance document.

Included by Default

  • AI/ML architecture design and technical guidance.
  • Integration of third-party AI models and APIs (e.g. OpenAI, Anthropic, Google, open-source models) using official documentation.
  • Development of AI agents, pipelines, and automation workflows.
  • Prompt engineering and model behaviour configuration for defined use cases.
  • Test-environment validation of AI outputs against agreed acceptance criteria.
  • Standard data pipeline development for AI input/output.
  • Code-level integration of AI components into new or existing systems.

Excluded Unless Agreed in Writing

  • Model training, fine-tuning, and dataset curation.
  • Advanced performance benchmarking beyond basic functional checks.
  • Bias, fairness, or explainability assessments.
  • Regulatory compliance assessments (e.g. EU AI Act, GDPR, sector rules).
  • Post-handover monitoring, retraining, or drift management.
  • Content moderation or safety evaluation frameworks.
  • Legal review of AI-generated outputs.
  • Ongoing human review/oversight of AI content.

Client Responsibilities

  • Clearly define use case, target users, and operational context.
  • Review and validate AI outputs before any production, commercial, or public use.
  • Implement human review for consequential decisions.
  • Ensure compliance with all applicable AI and data regulations.
  • Obtain necessary consents for data used as AI inputs.
  • Manage and secure third-party AI API keys and credentials.
  • Comply with third-party AI provider terms of service.

BN Digital is not responsible for harm from client deployments lacking adequate review, validation, or oversight.

AI Output Disclaimer

  • No warranty that AI outputs are accurate, complete, appropriate, unbiased, or hallucination-free.
  • Outputs may be factually wrong, contextually inappropriate, or legally non-compliant.
  • Client bears full responsibility for reviewing, validating, and owning AI-generated content, decisions, and actions.

BN Digital disclaims liability for:

  • Use of AI outputs in medical, legal, financial, safety-critical, or regulated contexts without professional review.
  • Harm from reliance on AI outputs without human validation.
  • Unintended, offensive, or harmful AI-generated content.
  • Behaviour in edge cases or adversarial conditions outside agreed tests.

Intellectual Property & Data

Deliverables

  • Upon full payment, client receives rights to original code, configurations, and architecture created for them, subject to pre-existing IP and third-party components (per Development Service Package).

AI Model Outputs

  • BN Digital does not claim ownership of AI-generated content.
  • No warranty that outputs are free from third-party IP claims or copyright issues.
  • Client is responsible for IP due diligence before commercial use.

Training Data

  • For training, fine-tuning, or RAG using client data, client warrants it has all necessary rights and that use is lawful.
  • Client indemnifies BN Digital against claims arising from use of client-provided training data.

Third-Party AI Providers

  • Frequent reliance on providers like OpenAI, Anthropic, Google DeepMind, Mistral, Hugging Face.
  • BN Digital is not responsible for:
  • Uptime, availability, or performance of third-party APIs.
  • Changes to model behaviour, capabilities, or pricing.
  • Policy changes affecting the client’s use case.
  • Third-party data handling practices.
  • Client must review and accept provider terms and data processing agreements.
  • Post-handover remediation due to provider changes is out of default scope.

Regulatory Compliance

  • AI is subject to evolving laws (EU AI Act, GDPR, sector rules, national laws).
  • BN Digital does not provide legal or regulatory advice.
  • Client is solely responsible for compliance and should seek independent legal counsel, especially in regulated sectors.

Data Privacy & AI

  • For personal data processing, client must ensure compliance with relevant data protection laws (e.g. GDPR, CCPA).
  • Where required, client must:
  • Obtain and document user consent for AI-assisted processing.
  • Apply data minimisation and purpose limitation.
  • Honour data subject rights (e.g. explanation, erasure) in AI-enabled systems.
  • Execute a Data Processing Agreement with BN Digital if BN Digital acts as a processor.

Ethical Use

BN Digital may decline or stop engagements involving:

  • Unlawful surveillance, profiling, or social scoring.
  • Automated decisions with material impact on individuals without human oversight.
  • Disinformation, deepfakes, or manipulative content.
  • Weapons, harmful automation, or legally prohibited applications.

Client represents that their intended AI use does not fall into these prohibited categories.

Acceptance

  • Deliverables are accepted when:
  • Client approves in writing, or
  • Five (5) business days pass after delivery with no documented objection.
  • Acceptance confirms functional alignment with scope, not ongoing accuracy of AI outputs.

Limitation of Liability

  • BN Digital’s total liability is capped at the total fees paid for the specific engagement.
  • No liability for indirect, incidental, consequential, special, or punitive damages (e.g. reputational harm, fines, third-party claims, business losses).
  • Client assumes all liability for decisions, actions, or communications based on AI outputs.
  • Quality, Retention, Security & Compliance
  • Acceptance & Handover Protocol
  • Scope Change & Change Request Policy
  • Development Service Package

BN Digital AI Services – Summary

Nature of AI Services

  • AI/ML systems are probabilistic and non-deterministic.
  • Outputs may be inaccurate, incomplete, biased, or unexpected.
  • Client accepts this as a condition of engagement.

Included by Default

  • AI/ML architecture design and technical guidance.
  • Integration of third-party AI models and APIs (per official docs).
  • Development of AI agents, pipelines, and automation workflows.
  • Prompt engineering and model configuration for defined use cases.
  • Test-environment validation against agreed acceptance criteria.
  • Standard data pipelines for AI input/output handling.
  • Code-level integration of AI components into software systems.

Excluded Unless Agreed in Writing

  • Model training, fine-tuning, dataset curation.
  • Advanced performance benchmarking.
  • Bias, fairness, or explainability assessments.
  • Regulatory compliance assessments (e.g., EU AI Act, GDPR).
  • Post-handover monitoring, retraining, or drift management.
  • Content moderation or safety evaluation frameworks.
  • Legal review of AI outputs.
  • Ongoing human review/oversight of AI content.

Client Responsibilities

  • Define use case, users, and operational context.
  • Review and validate AI outputs before production/public use.
  • Implement human review for consequential decisions.
  • Ensure compliance with all applicable AI laws and regulations.
  • Obtain necessary consents for data used with AI.
  • Manage and secure third-party AI API keys and credentials.
  • Comply with third-party AI providers’ terms of service.

BN Digital is not responsible for harm from client deployment without adequate review or oversight.