GitLab Duo AI Terms (Additional Terms)

GitLab Duo AI Terms (Additional Terms)

formerly known as AI Functionality Terms

Version: GDAIT_11.13.25 v5

These GitLab Duo AI Terms (“Terms”) are between GitLab Inc. with offices at 268 Bush Street, Suite 350, San Francisco, CA 94104 (or, if a different GitLab Affiliate is listed as “GitLab” on an Order Form) (“GitLab”), and the entity accepting these Terms (“Customer”). These Terms are effective as of the earlier of (a) Customer’s acceptance of these Terms within the (i) GitLab Software or (ii) via an Order Form, or (b) Customer’s use of any AI Functionality (“Effective Date”).

1. DEFINITIONS

1.1. “Actions” means tasks, operations, or processes performed by AI Functionality. Actions are not Output.

1.2. “AI Functionality” means features developed by GitLab and provided in the Software, or Supplemental Services purchased separately, based on artificial intelligence (including machine learning) technologies (“AI”) exclusive of any Customer Models or GitLab Models powering the AI Functionality.

1.3. “Customer Models” means AI models powering AI Functionality which, irrespective of the source from which they are obtained, are (i) hosted by, or on behalf of, Customer, and (ii) listed as available for use with AI Functionality and implemented consistent with the Documentation.

1.4. “DPA” means the GitLab Data Processing Addendum and Standard Contractual Clauses available at https://handbook.gitlab.com/handbook/legal/data-processing-agreement/, or such other written data processing addendum between the parties.

1.5. “GitLab Models” means AI models powering AI Functionality which are hosted by GitLab, or by a third party listed as a GitLab sub-processor as listed on the Website.

1.6. “Input” means (i) input provided by Customer to AI Functionality and (ii) supporting Customer Content processed by AI Functionality in order to generate Output.

1.7. “Output” means code, natural language, and other data generated by AI Functionality in response to Input.

1.8. “Agreement” means the current GitLab subscription agreement available at https://about.gitlab.com/terms/, or such other written agreement between the parties governing Customer’s use of Software.

1.9. “Third Party Products” means Customer Models or other third-party platforms, apps, add-ons, services or products that may require access to Customer Content and other data by the third-party provider, subject to the relevant third party provider’s terms of use.

2. SCOPE OF USE

2.1. Subject to Section 2.2 below, these Terms, along with the Agreement and the DPA, govern Customer’s access to and use of AI Functionality and GitLab Models. These Terms are incorporated into and form part of the Agreement.

2.2. GitLab will have no indemnification obligation nor liability of any type with respect to (i) Third-Party Products and (ii) Output generated or Actions conducted by AI Functionality powered by Customer Models, unless such exclusion of liability is not enforceable under applicable law, in which case GitLab’s liability will not exceed $1,000.00USD.

2.3. In its use of AI Functionality, Customer may transmit Personal Data to GitLab as part of Input (defined above). To the extent Customer’s use of AI Functionality powered by GitLab Models involves the processing of Personal Data, Customer’s obligations as a Controller under the DPA will apply. Any sub-processors used to provide AI Functionality powered by GitLab Models will be listed at https://about.gitlab.com/privacy/subprocessors/ and all notifications of updates to that list will be done in accordance with Section 14 of the DPA.