Addendum on Artificial Intelligence of movingimage EVP GmbH

1. Definitions

1. “AI” / “AI System” means a machine-based system or a corresponding function which, with a certain degree of autonomy, generates or processes content, predictions, recommendations, decisions or other results from inputs.
2. “AI Functions” are the AI-supported service components provided by movingimage (in particular transcription, translation, analysis, assistance and automation functions).
3. “Input” means data/content provided by the Contracting Party (or its users/end users) for processing by AI Functions (e.g. audio/video files, text, metadata, prompts).
4. “Output” means the results generated or processed by AI Functions (e.g. transcripts, translations, summaries, labels/tags, suggestions).
5. “End Users” are natural persons who interact with the AI Functions or receive Output.
6. “Training” within the meaning of this AI Addendum means the use of data, in particular personal data, for the development or redevelopment, training, fine-tuning or other permanent modification of general, cross-customer AI models, so that such models may be used again independently of the specific contractual relationship with the Contracting Party or for third parties. Processing of data for the provision, safeguarding, quality assurance, error analysis, configuration or further development of the AI Functions agreed in the respective contract shall not constitute Training, provided that this does not result in the creation of general AI models detached from the Contracting Party.
7. “Deployer” means the natural or legal person that uses an AI System or an AI Function under its own responsibility. Depending on the context of use, the Deployer may be the Contracting Party, movingimage or a third party.
8. “Contracting Party” means the contracting party within the meaning of the General Contractual Conditions.

2. Use of Artificial Intelligence by movingimage

(1) movingimage uses AI in individual products and internal processes in order to provide, improve and make services more efficient, currently in particular for:

• automatic transcription and translation of audio and video content,
• analysis, assistance andautomation functions within the platform,
• support of internal work processes (development/administration), and
• automation of communicationprocesses.

(2) Where users interact with AI Functions or receive Output that has been generated in whole or in part automatically, movingimage shall make this transparent to the extent legally required, technically possible and practically feasible.

3. Roles and Responsibilities under Regulation (EU) 2024/1689 on Artificial Intelligence

(1) movingimage as Provider of the AI Functions: Where movingimage provides AI Systems or AI Functions as part of the products under its own name, movingimage shall to that extent be the provider of the AI Functions within the meaning of the AI Regulation.

‍(2) Deployer: Where the Contracting Party uses AI Systems or products with AI Functions provided by movingimage under its own responsibility, the Contracting Party shall, in its context of use, be deemed the Deployer within the meaning of the AI Regulation and shall be responsible for the legal assessment of the specific use case as well as for compliance with the obligations applicable to it. Where movingimage uses AI Systems or products with AI Functions provided by third-party providers, the deployer obligations for such use shall apply to movingimage.

‍(3) Contracting Party as Co-Provider in the Event of Disclosure to Third Parties: Where the Contracting Party offers AI Functions under its own name or brand to third parties/end users as its own service, materially modifies them or integrates them into its own products or services, the Contracting Party may be subject to additional responsibilities along the AI value chain. In the event of publication or disclosure of Output, the Contracting Party shall in particular be subject to the respectively applicable transparency and labelling obligations.

The Contracting Party shall ensure that the required labelling is carried out (see § 5 below).

‍(4) Non-Intended Use: movingimage does not provide AI Functions as high-risk AI systems for the sensitive areas of use referred to in § 9, unless expressly agreed in writing.

4. Data Protection and Data Processing

(1) Personal and non-personal data may be processed in connection with the use of AI Functions. Further details are set out in the data protection agreement and, where agreed, the data processing agreement.

‍(2) Data categories may include, depending on the use, in particular but not exclusively:

• content data (speech, text, image, video content),
• usage/metadata (timestamps, language settings,technical parameters),
• communication data (e.g. support requests,feedback).

(3) In the event of third-country transfers, movingimage shall ensure appropriate safeguards, such as adequacy decisions or standard contractual clauses.

5. Transparency and Labelling of AI Functions and Output

(1) Where AI Functions are intended for direct interaction with natural persons, movingimage shall ensure that the persons concerned are informed that they are interacting with an AI System, unless this is obvious.

‍(2) Where AI Functions generate synthetic audio, image, video or text content, movingimage shall provide for appropriate technical measures to make artificially generated or manipulated Output identifiable, to the extent required under the AI Regulation and technically possible.

‍(3) Where the Contracting Party uses AI Systems or products with AI Functions provided by movingimage under its own responsibility, the Contracting Party shall be obliged, where Output is published or disclosed to third parties, to provide the required labelling to end users or the public (e.g. “AI-generated”), where applicable.

‍(4) The Contracting Party undertakes to comply with its transparency obligations in accordance with the AI Regulation.

6. No Solely Automated Decisions

The AI Functions are not intended to make solely automated decisions within the meaning of Article 22(1) GDPR that produce legal effects concerning data subjects or similarly significantly affect them.

7. Use of Data for Training Purposes

(1) Personal data processed in connection with the use of the AI Functions shall not be used for Training or for the development of general, cross-customer AI models of movingimage, unless expressly agreed otherwise.

‍(2) Any use of personal data shall be carried out exclusively for the specified purpose, in accordance with the applicable data protection provisions and not for the creation of independent AI models detached from the Contracting Party. Deviations from this shall apply only where expressly contractually agreed.

8. Involvement of External AI Service Providers

movingimage may engage external service providers for the performance of the contract. Such service providers shall process data exclusively on the basis of contractual agreements.

9. Prohibited Uses / High-Risk Contexts

(1) The Deployer may not use AI Functions for prohibited practices.

‍(2) Without an express written agreement, the Deployer may not use AI Functions in contexts of use that may qualify as high-risk scenarios within the meaning of the AI Regulation and that would trigger additional compliance, documentation, registration or conformity obligations. This includes, in particular but not exclusively, uses in the areas of automated applicant selection, personnel evaluation, educational or performance assessment, credit scoring, biometric identification or categorisation, emotion recognition, as well as other profiling or evaluation systems, to the extent that these are prohibited, high-risk or specifically regulated under the AI Regulation.

‍(3) For approved high-risk uses, the parties may separately agree on additional requirements.

10. Nature and Quality of AI Output

(1) AI-supported functions deliver probabilistically generated results and merely constitute supporting tools. Output generated or processed by AI does not constitute a binding, complete or error-free result and does not replace any professional, legal or editorial review by the Contracting Party.

‍(2) The Contracting Party shall appropriately review Output before any further use; this applies in particular, but not exclusively, to legal, safety-relevant and/or public-facing content.

‍(3) There shall be no entitlement to substantive accuracy, completeness or suitability for a particular purpose, to the extent permitted by law and unless otherwise agreed.

11. Intellectual Property

(1) All rights, in particular copyrights, neighbouring rights, personality rights, trademark rights and data protection rights in the Input, shall remain with the Deployer or the respective rights holders. For the term of the contract, the Contracting Party grants movingimage a non-exclusive, worldwide right, limited to the performance of the contract, to reproduce, process and technically transmit the Input, to the extent necessary for the provision of the services, including AI Functions, and/or for the achievement of the relevant purpose.

‍(2) The Contracting Party warrants that it has the necessary rights and consents to provide Input and to have such Input processed by movingimage and, where applicable, third-party AI service providers.

‍(3) Rights in Output:

1. The Output may be protected in whole or in part by copyright or neighbouring rights or may not be subject to copyright protection due to the absence of a personal intellectual creation by a human being. An assessment must be made on a case-by-case basis.
2. To the extent that rights in Output should arise for movingimage (e.g. due to human contribution, database/neighbouring rights, selection/arrangement), movingimage grants the Contracting Party a simple, non-exclusive, worldwide right of use thereto, limited to the contractual purpose and the types of use provided for in the contract. Further details may be agreed contractually.
3. movingimage does not owe exclusivity. Identical or similar Output may also arise for other users, for example due to similar Inputs or parameters.

(4) Review obligation of the Contracting Party:

1. The Contracting Party is responsible for reviewing whether the intended use of the Output infringes third-party rights,in particular copyrights, neighbouring rights, personality rights and trademark rights.
2. movingimage does not warrant that Output is free from third-party rights, unless expressly agreed.

(5) Where the Contracting Party uses third-party content as Input, the Contracting Party shall comply with any rights of the rights holders that restrict use.

‍(6) The Contracting Party shall indemnify movingimage against third-party claims to the extent that such claims are based on the fact that the Contracting Party

1. provided Input without the required rights or legal basis, or
2. used Output of the systems unlawfully or in breach of contract,

and the Contracting Party is responsible for this.

The indemnification shall also include the reasonable costs of legal defence.

12. Liability for AI Functions

(1) movingimage shall not be liable for damage resulting from the use of Output without appropriate professional review, unless mandatory statutory liability provisions provide otherwise.

‍(2) movingimage shall not be liable for damage resulting from the Contracting Party or third parties automatically further processing, publishing or using the Output for legal, economic or safety-relevant decisions without appropriate professional review. Mandatory statutory liability provisions shall remain unaffected.
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‍(3) Liability for indirect damage, consequential damage, loss of profit or reputational damage based on the use of AI Output shall be excluded to the extent permitted by law.

‍(4) In all other respects, the liability provisions of the further general contractual conditions shall apply.

13. Protection of Technical Measures

The Contracting Party is not entitled to remove, alter or circumvent technical protection, labelling or transparency mechanisms of AI Functions without the prior written consent of movingimage.

14. Final Provisions

(1) Amendments and supplements to this AI Addendum must be made in text form, unless a stricter form is mandatorily required by law.

‍(2) Should any individual provisions of this AI Addendum be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions shall remain unaffected.

In place of the invalid or unenforceable provision, a valid and enforceable provision shall be deemed agreed that comes closest to the intent of the parties, taking into account the economic purpose of the replaced provision. The same shall apply to any unintended contractual gaps.

‍(3) This AI Addendum supplements the further General Contractual Conditions. In the event of conflicts between this AI Addendum and the General Contractual Conditions, the provisions of this AI Addendum shall prevail with regard to the AI Functions.

‍(4) The choice of law and place of jurisdiction agreed in the main contract shall also apply to this AI Addendum.

Version: July 2026

General Terms and Conditions of Business

• ‍Terms and Conditions of Use and Licensing of the VideoManager‍
  
• General Terms and Conditions of movingimage EVP GmbH
• Addendum on Artificial Intelligence of movingimage EVP GmbH
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