Essent AI Services Addendum

This AI Services Addendum (the "AI Addendum”) supplements and forms part of the Essent Master Services Agreement (the "MSA”) between Essent Corporation ("Essent”) and the customer accepting or otherwise subject to the MSA ("Customer”). Capitalized terms not defined in this AI Addendum have the meanings given in the MSA.

Customer acknowledges that certain AI Features depend upon models, infrastructure, software, services, and other technologies controlled by third-party AI Providers. Such providers may impose technical, legal, operational, acceptable-use, data-processing, intellectual-property, or other requirements affecting the availability, operation, or permitted use of AI Features. Customer is responsible for reviewing and complying with applicable provider requirements in accordance with this AI Addendum.

1. Scope

This AI Addendum governs Customer’s access to and use of artificial intelligence, machine learning, generative AI, agentic automation, MCP Services, and related capabilities offered by Essent as part of the Services.

All provisions of the MSA remain in full force and effect unless expressly modified by this AI Addendum. In the event of a conflict concerning AI Features, this AI Addendum controls as provided in Section 18.

2. Definitions

2.1 AI Features

"AI Features” means any functionality that uses artificial intelligence, machine learning, large language models, foundation models, generative AI technologies, retrieval systems, agent frameworks, recommendation engines, automation systems, or similar technologies to analyze, generate, summarize, classify, predict, recommend, automate, act upon, or otherwise process information.

2.2 AI Provider

"AI Provider” means a third-party provider of artificial intelligence models, services, platforms, infrastructure, APIs, or related technologies used by Essent in connection with AI Features.

2.3 Customer Data

"Customer Data” means data supplied, uploaded, transmitted, stored, accessed, or otherwise provided by or on behalf of Customer through the Services.

2.4 End User

"End User” means any employee, contractor, agent, affiliate, customer, consumer, application user, or other person who accesses, uses, receives, or benefits from AI Features through Customer, Customer’s account, or a Customer application, integration, AI agent, MCP client, API, or workflow.

2.5 Inputs

"Inputs” means prompts, data, files, content, instructions, questions, configurations, requests, connected-system information, or other materials provided to an AI Feature by or on behalf of Customer or an End User.

2.6 MCP Services

"MCP Services” means Model Context Protocol servers, connectors, clients, tools, tool definitions, tool catalogs, schemas, interface definitions, function specifications, workflow components, agent capabilities, and related technologies provided by Essent.

2.7 Outputs

"Outputs” means content, responses, results, recommendations, analyses, summaries, communications, code, images, workflows, automations, actions, or other materials generated or provided by AI Features based in whole or in part upon Inputs.

2.8 Preview Feature

"Preview Feature” means an AI Feature identified as alpha, beta, preview, early access, evaluation, research, experimental, or by a similar designation.

3. AI Features

Essent may provide AI Features to enhance productivity, automation, information retrieval, content generation, analysis, operational efficiency, integration, and user experience.

AI Features may include generative AI, agentic workflows, intelligent automation, knowledge retrieval, summarization, classification, recommendations, content generation, analytical assistance, software integrations, MCP Services, and other current or future AI-enabled capabilities.

Essent may modify, improve, replace, suspend, discontinue, or retire AI Features at its discretion, subject to the MSA and this AI Addendum.

3.1 Preview Features

Preview Features are provided for testing and evaluation only unless Essent expressly authorizes production use in writing. Preview Features may be modified or discontinued at any time, may be less reliable or secure than generally available Services, and may not be subject to the same service levels, support commitments, audit coverage, warranties, indemnities, data-retention commitments, or security measures.

Customer shall not submit Personal Data, regulated data, confidential production data, or data subject to heightened contractual restrictions to a Preview Feature unless Essent expressly authorizes such processing in writing. Preview Features and related documentation may constitute Essent Confidential Information. Customer uses Preview Features at Customer’s sole risk.

4. Inputs and Customer Data

Customer retains all right, title, and interest in and to Customer Data, Inputs, uploaded files, proprietary business information, documentation, and Customer intellectual property. Nothing in this AI Addendum transfers ownership of Customer Data or Inputs to Essent.

Customer grants Essent and its service providers the limited rights reasonably necessary to provide, secure, support, monitor, maintain, and enforce the Services and to comply with applicable law.

4.1 Customer Rights and Permissions

Customer represents and warrants that it possesses all rights, licenses, permissions, notices, consents, and lawful bases necessary to provide Inputs and Customer Data to Essent and applicable AI Providers and to authorize their processing as contemplated by the Agreement.

Customer is responsible for the legality, accuracy, quality, and content of Inputs and Customer Data.

5. Ownership and Use of Outputs

Subject to applicable law, Customer’s compliance with the Agreement, and applicable AI Provider requirements:

  1. Customer may use Outputs for lawful business purposes.
  2. Customer may publish, distribute, reproduce, modify, commercialize, and otherwise use Outputs.
  3. Customer may use Outputs internally or externally.
  4. To the extent Essent has any right, title, or interest in an Output, Essent assigns that right, title, or interest to Customer, subject to the Agreement and applicable law.

Customer acknowledges that Outputs may not be unique; similar or identical Outputs may be generated for others; applicable law may not recognize ownership or intellectual-property protection in certain Outputs; and Outputs may incorporate, resemble, or reflect third-party content.

Customer is responsible for determining whether it possesses the rights, permissions, and approvals necessary to use an Output for its intended purpose.

5.1 Third-Party Provider Limitations

Customer’s rights to access, receive, use, reproduce, modify, publish, distribute, commercialize, or otherwise exploit Outputs are subject to applicable law, the MSA, this AI Addendum, and restrictions, obligations, limitations, licensing conditions, acceptable use requirements, and other requirements imposed by applicable AI Providers.

If an AI Provider imposes limitations concerning ownership, licensing, attribution, redistribution, publication, commercialization, or other use of Outputs, those limitations apply only to AI Features and Outputs affected by that provider’s requirements.

5.2 Third-Party and Open-Source Licenses

Outputs, including generated software code, may incorporate or be subject to open-source, source-available, data-source, or other third-party licenses and restrictions. Customer is responsible for identifying and complying with applicable license, attribution, notice, redistribution, disclosure, and source-code obligations before using or distributing such Output.

6. Essent Intellectual Property

Essent retains all right, title, and interest in and to the Services, AI Features, software, source code, models, algorithms, agent frameworks, workflows, system architecture, methods, techniques, documentation, product enhancements, trade secrets, and proprietary know-how.

No ownership right is transferred to Customer except as expressly provided in the Agreement.

6A. AI Technology and Proprietary Frameworks

6A.1 Proprietary Technology

The following constitute proprietary intellectual property, Confidential Information, trade secrets, or a combination thereof owned by Essent:

  • AI agents, agent configurations, and agent workflows;
  • system prompts, prompt templates, prompt libraries, and prompt-engineering methods;
  • knowledge frameworks, retrieval architectures, embedding systems, and vector indexes;
  • MCP Services, MCP tool catalogs, MCP tool names, MCP schemas, tool definitions, tool invocation methods, and function signatures;
  • API specifications, orchestration logic, workflow architectures, and integration methodologies;
  • evaluation mechanisms, safeguards, compliance frameworks, and related proprietary technologies.

6A.2 Restrictions

Except as expressly authorized by Essent, Customer shall not copy, reproduce, publish, reverse engineer, document, disclose, replicate, extract, derive, commercialize, or create derivative works from proprietary AI frameworks, MCP Services, tool definitions, tool schemas, workflow architectures, orchestration methodologies, prompt frameworks, system configurations, or related technologies.

6A.3 Competitive Restrictions

Customer shall not use AI Features, Outputs, MCP Services, tool definitions, tool schemas, agent designs, prompt structures, workflow configurations, or system architectures to develop, train, improve, benchmark, evaluate, or operate a competing software platform, AI platform, AI service, agent framework, integration platform, marketplace, or MCP-compatible system. The technologies described in this Section are protected under Sections 6 and 6A.

6A.4 Trade Secrets

Customer acknowledges that the structure, sequence, organization, operation, design, and implementation of AI Features and MCP Services constitute valuable trade secrets of Essent and that unauthorized use or disclosure may cause irreparable harm for which monetary damages may be inadequate.

7. Human Review and Responsible Use

7.1 Human Review Requirement

Customer acknowledges that Outputs are probabilistic and may be inaccurate, incomplete, outdated, biased, misleading, inconsistent, or fabricated, and may contain errors or hallucinations. Customer is responsible for independently reviewing, verifying, and validating Outputs before use.

7.2 Human Oversight

Outputs shall not be relied upon as the sole basis for material business, financial, legal, regulatory, employment, customer-impacting, safety-related, or other consequential decisions without meaningful review by qualified personnel.

Customer shall comply with the High-Risk Activities restrictions in Section 12.

7.3 Publication and Implementation Responsibility

Customer remains solely responsible for all content, decisions, communications, transactions, workflows, or actions created, published, distributed, transmitted, displayed, implemented, or relied upon based upon Outputs.

7.4 AI Transparency

Customer shall provide clear and reasonably prominent disclosure when an End User is interacting with an AI system or when content, recommendations, decisions, or actions are generated or materially produced by AI, where necessary to avoid deception or as otherwise required by applicable law or applicable AI Provider requirements.

7.5 AI Actions and Agentic Workflows

Customer acknowledges that certain AI Features may recommend, initiate, or execute actions through MCP Services, APIs, connected systems, agents, or automated workflows. Customer is responsible for configuring appropriate permissions, approval thresholds, transaction limits, human-intervention mechanisms, monitoring, audit logging, and rollback or remediation procedures.

Customer shall require affirmative human approval before an AI Feature executes an action that is sensitive, irreversible, consequential, externally binding, financially material, or reasonably likely to cause harm if performed incorrectly. Customer shall not grant an AI Feature broader access, permissions, or authority than reasonably necessary for the approved use case.

8. AI Training and Model Improvement

8.1 Default Non-Training Position

Essent will not use Customer Inputs, Outputs, or Customer Data to train, fine-tune, improve, or otherwise develop shared or generally available AI models unless Customer expressly opts in.

8.2 Opt-In Program

If Customer affirmatively consents, Essent may use the authorized Inputs and Outputs to improve AI Features and may anonymize, aggregate, or pseudonymize such information where practicable.

Customer may withdraw consent at any time. Withdrawal applies prospectively and does not require removal of information previously incorporated into models, datasets, evaluations, or learnings to the extent removal is technically infeasible, legally restricted, or inconsistent with the terms governing the applicable opt-in program.

8.3 Feedback

If Customer voluntarily provides feedback, suggestions, evaluations, recommendations, corrections, or ideas concerning AI Features, Essent may use such feedback without restriction or compensation, provided Essent does not publicly identify Customer or disclose Customer Confidential Information through such use.

9. AI Providers

9.1 Provider Framework

Essent may use one or more proprietary or third-party AI Providers to deliver, support, secure, monitor, or maintain AI Features.

9.2 Provider Flexibility

Essent may add, remove, or replace AI Providers; change model providers, model families, model versions, service versions, or default models; modify routing or orchestration methods; and transfer workloads between providers with little or no prior notice.

9.3 No Model Commitment

Essent does not guarantee the continued availability of a particular provider, model, model family, model version, hosting arrangement, service configuration, or provider-specific functionality. Provider or model changes may affect Output style, format, accuracy, latency, availability, functionality, pricing, data-processing locations, or other operational characteristics.

9A. Third-Party AI Providers

9A.1 Third-Party Processing

Customer acknowledges and agrees that Inputs, Outputs, Customer Data, prompts, files, instructions, content, metadata, and related information submitted to or generated by AI Features may be disclosed or transmitted to and processed by one or more third-party AI Providers to provide, secure, support, monitor, or maintain AI Features.

Such processing may occur through models, APIs, cloud infrastructure, retrieval systems, orchestration frameworks, agent systems, automation workflows, content-safety systems, or other technologies. Use of third-party AI Providers does not authorize Customer to submit data prohibited by Section 10.

9A.2 Provider Terms and Data Processing

Customer acknowledges that information may be processed by third-party AI Providers acting as service providers, subprocessors, processors, independent data processors, or in other similar capacities depending upon the applicable AI Feature, deployment model, hosting arrangement, provider configuration, and applicable law.

Data handling, retention, deletion, training practices, model-improvement practices, safety-review procedures, abuse-monitoring procedures, processing locations, subprocessors, and related activities may vary by provider, model, version, deployment type, service tier, hosting configuration, or other service characteristics.

Customer is solely responsible for reviewing, understanding, and determining the suitability of applicable provider terms of service, privacy policies, data-processing terms, acceptable use policies, model-provider disclosures, and related legal requirements applicable to Customer’s use of AI Features.

Customer acknowledges that use of AI Features may be subject to provider-specific terms, conditions, restrictions, obligations, and requirements, whether or not separately provided by Essent. Customer assumes all responsibility for determining whether such provider-specific requirements are acceptable for Customer’s intended use.

9A.3 No Obligation to Provide Provider Terms

Essent has no obligation to monitor, summarize, distribute, explain, interpret, provide notice of changes to, or otherwise manage third-party provider terms of service, privacy statements, data-processing agreements, acceptable use policies, model cards, service descriptions, or related documents.

Customer is responsible for independently reviewing and remaining informed regarding applicable provider requirements.

9A.4 Provider Terms Control Provider Services

To the extent an AI Feature relies upon services operated by a third-party AI Provider, the applicable provider’s then-current terms, policies, privacy requirements, processing requirements, acceptable use requirements, technical limitations, service restrictions, and other applicable requirements may govern the operation and use of the affected provider services.

Customer’s continued use of an affected AI Feature constitutes Customer’s acceptance of applicable provider requirements, to the extent permitted by law.

9A.5 Customer Responsibility for End Users

Customer is solely responsible for ensuring that its employees, contractors, agents, affiliates, customers, consumers, End Users, and other persons accessing or benefiting from AI Features through Customer comply with applicable provider requirements. Any failure by such persons to comply will be deemed a failure by Customer.

Customer is responsible for providing notices, disclosures, consents, privacy notices, terms, and other communications required by law or reasonably necessary for End Users accessing AI-enabled functionality through Customer.

9A.6 No Essent Liability for Provider Terms

Essent is not liable for changes to provider terms, privacy practices, data-processing practices, acceptable use requirements, service availability, model availability, model deprecation, intellectual-property positions, compliance requirements, or similar provider-controlled matters. Customer is responsible for evaluating the impact of provider changes on Customer’s use of AI Features.

9A.7 Mandatory Provider Requirements

Provider restrictions, prohibitions, operational requirements, technical requirements, licensing obligations, acceptable use requirements, safety obligations, or other conditions imposed as a prerequisite to provider-service access apply to the affected AI Feature regardless of whether separately restated by Essent in this AI Addendum. Customer is responsible for determining and maintaining compliance with such requirements.

9A.8 Notice of Provider Requirements

Essent may, but has no obligation to, communicate provider requirements, restrictions, obligations, or changes to Customer. Information provided by Essent regarding provider requirements is provided as a convenience and does not create a duty to monitor or communicate future changes.

9A.9 Changes to Provider Terms

Customer acknowledges that AI Providers may change their services, models, terms, policies, acceptable use requirements, technical capabilities, processing arrangements, data-handling requirements, intellectual-property positions, and indemnification positions. Essent may modify AI Features, documentation, operating requirements, usage restrictions, compliance requirements, or this AI Addendum as reasonably necessary to address such changes.

9A.10 Suspension for Provider Compliance

Essent may suspend, restrict, modify, disable, or discontinue an affected AI Feature when reasonably necessary to comply with provider requirements; respond to an actual or suspected policy violation; satisfy legal requirements; mitigate security, privacy, safety, or operational risk; prevent abuse; protect Essent, providers, customers, users, or third parties; or preserve the Services or a provider relationship.

Where reasonably practicable, Essent will limit a suspension to the affected user, integration, model, workflow, or AI Feature. Essent may require Customer to demonstrate that the condition has been corrected before restoring access.

9A.11 No Third-Party Provider Guarantees

Essent does not represent, warrant, or guarantee continued provider or model availability; provider uptime, performance, accuracy, security, or functionality; continuation of provider pricing, usage limits, Output behavior, intellectual-property positions, indemnification positions, or data-processing practices; or that provider terms will remain unchanged.

9A.12 No Direct Customer Rights Against Providers

Unless expressly provided by an AI Provider’s terms, Customer receives no direct contractual rights against an AI Provider merely because Essent uses that provider. AI Providers are not parties to the MSA or this AI Addendum and are not responsible for Essent’s contractual obligations.

9A.13 Data Processing Documentation

Third-party AI Providers that process Personal Data or Customer Data may be identified or described in Essent’s applicable Data Processing Addendum, privacy statement, subprocessor disclosure, AI Provider disclosure, service documentation, or other documentation, and in applicable provider documentation, model cards, privacy statements, and service descriptions.

If there is a conflict concerning the processing and protection of Personal Data, the applicable Data Processing Addendum controls with respect to that processing.

9A.14 Connected Applications

When Customer enables an MCP client, agent, connector, plug-in, action, API, or other third-party application, information may be transmitted between the Services and that application. Customer authorizes such transmission and is responsible for reviewing the application’s terms, privacy practices, security, permissions, and data-handling practices.

Essent is not responsible for Customer Data after it has been transmitted to a non-Essent application at Customer’s direction, except to the extent otherwise required by the Agreement or applicable law.

9A.15 No Automatic Pass-Through Rights

Any indemnification, copyright commitment, intellectual-property protection, warranty, support obligation, or similar protection provided by an AI Provider to Essent is solely between Essent and that provider and creates no right in Customer unless expressly extended in a written Order, service schedule, or other agreement executed by Essent.

Changes by an AI Provider do not increase Essent’s obligations under the Agreement.

10. Security and Restricted Data

10.1 Absolute PCI Restriction

Customer shall not submit PCI-regulated information, payment card data, full payment card numbers, card verification values, PIN data, magnetic-stripe data, or other sensitive authentication data to any AI Feature. PCI data is prohibited within AI Features under all circumstances.

10.2 Additional Restricted Data

Customer shall not submit Protected Health Information, HIPAA-regulated information, Social Security numbers, government identification numbers, biometric information, financial account credentials, classified information, or other highly regulated or sensitive information unless Essent expressly authorizes the specific processing in writing.

10.3 Protective Measures

Essent may reject, block, suspend, sanitize, delete, or otherwise prevent processing of prohibited data.

10.4 Material Breach

Submission of prohibited data in violation of this Section 10 constitutes a material breach of this AI Addendum. Essent may suspend, restrict, or terminate access to affected AI Features pursuant to Section 16.

11. Acceptable AI Use

Customer shall not use AI Features to violate law; commit fraud; impersonate a person without authorization; generate deceptive or unlawful content; create harmful deepfakes; harass or intimidate others; infringe rights; generate or deploy malicious code; facilitate unlawful activity; interfere with the Services; or access data, systems, or functionality without authorization.

11.1 No Circumvention of Safeguards

Customer shall not disable, bypass, remove, alter, obscure, or circumvent a content filter, citation, watermark, content credential, provenance marker, rate limit, usage limit, access control, monitoring mechanism, safety feature, or abuse-prevention mechanism associated with an AI Feature, except where expressly authorized by Essent and the applicable AI Provider.

11.2 Customer Safeguards

Customer shall implement safeguards appropriate to its use, including user authentication, authorization controls, fraud and abuse detection, input and output controls, testing, monitoring, incident response, and mechanisms through which End Users may report harmful, inaccurate, abusive, or unauthorized behavior.

Customer shall reasonably investigate and respond to reported issues and promptly notify Essent of suspected unlawful use, material abuse, security compromise, or circumvention of safety controls.

12. High-Risk Activities

AI Features shall not be used for high-risk or regulated uses, including as the sole or determinative basis for:

  • hiring, employment eligibility, promotion, compensation, discipline, or termination decisions;
  • creditworthiness, lending, or insurance eligibility or pricing decisions;
  • medical diagnosis or treatment recommendations;
  • legal determinations or professional legal advice;
  • government benefit or service eligibility;
  • biometric identification, sensitive-trait inference, social scoring, unlawful surveillance, or unlawful profiling; or
  • safety-critical, autonomous, or other consequential operations where an error may foreseeably cause legal, financial, physical, psychological, or similarly significant harm.

Customer shall comply with Section 7, Human Review and Responsible Use. Human review does not make a use permissible if the use is otherwise prohibited by this Agreement, applicable provider requirements, or applicable law.

13. Compliance with Laws

Customer is responsible for ensuring its use of AI Features complies with applicable laws, industry regulations, privacy requirements, consumer-protection requirements, employment laws, export controls, sanctions, and other legal obligations.

Customer is solely responsible for obtaining required disclosures, notices, consents, approvals, licenses, permissions, and authorizations relating to its use of AI Features.

13.1 Trade Controls

Customer shall comply with applicable sanctions, import, export-control, and trade-control laws. Customer shall not submit controlled technical data, classified information, export-restricted information, or information requiring governmental authorization for release unless Essent expressly authorizes the use in writing.

14. Warranties and Disclaimers

14.1 Nature of Outputs

Outputs are probabilistic and may be inaccurate, incomplete, outdated, biased, misleading, non-unique, or fabricated.

14.2 No Professional Advice

Outputs do not constitute legal, accounting, tax, medical, financial, regulatory, employment, or other professional advice.

14.3 No Accuracy Warranty

Essent makes no representation or warranty that Outputs will be accurate, complete, error-free, current, unique, non-infringing, or suitable for a particular purpose.

14.4 Use at Customer’s Own Risk

Customer acknowledges and agrees that use of AI Features and reliance upon Outputs is at Customer’s sole risk.

14.5 Human Verification

Customer is responsible for reviewing and validating Outputs before publication, implementation, distribution, communication, execution, or reliance.

14.6 Third-Party Content and Intellectual Property

Essent does not represent or warrant that Outputs do not incorporate, reproduce, resemble, or reflect third-party content; will not be similar to content generated for others; will not infringe or violate third-party rights; are eligible for intellectual-property protection; or may be used without attribution, permission, license, disclosure, or other obligation.

14.7 Third-Party AI Services

Third-party AI technologies are subject to provider availability and applicable provider terms. To the maximum extent permitted by law, Essent disclaims warranties arising from provider-controlled models, systems, infrastructure, policies, services, or actions.

15. AI-Specific Risk Allocation

15.1 No AI Output Indemnification

Essent does not provide indemnification, a defense obligation, warranty, guarantee, or other protection arising from AI Outputs; Customer’s use, publication, distribution, or commercialization of Outputs; AI-generated recommendations, decisions, actions, code, images, media, or content; or claims arising from Inputs or Customer Data.

Customer assumes responsibility and risk for decisions, actions, communications, publications, products, services, and transactions that incorporate or rely upon Outputs.

15.2 Customer Indemnification

To the fullest extent permitted by law, Customer shall defend, indemnify, and hold harmless Essent, its affiliates, officers, directors, employees, contractors, licensors, AI Providers, and agents from and against third-party claims, actions, liabilities, damages, judgments, fines, penalties, costs, and expenses, including reasonable attorneys’ fees, arising out of or relating to:

  • Inputs or Customer Data;
  • Customer’s or an End User’s use, publication, distribution, commercialization, or implementation of Outputs;
  • Customer’s application, agent, integration, MCP client, workflow, product, or service;
  • Customer’s violation of the Agreement, applicable law, or provider requirements;
  • prohibited, high-risk, regulated, or unauthorized use;
  • third-party content used without required authorization; or
  • a claim that Customer lacked the rights, permissions, notices, consents, or lawful basis necessary to provide or process Inputs or Customer Data.

The indemnification procedures, if any, stated in the MSA apply to this Section.

15.3 Limitation of Liability

To the maximum extent permitted by law and subject to the MSA, Essent is not liable for reliance on Outputs; business or other decisions based on Outputs; Customer implementation, publication, distribution, or commercialization of Outputs; errors, omissions, hallucinations, or similarity claims; provider-controlled services or actions; or unauthorized or prohibited use by Customer or an End User.

The limitations, exclusions, and liability cap in the MSA apply to AI Features and this AI Addendum.

15.4 No Provider Indemnification Representation

Essent does not represent or warrant that an AI Provider will defend, indemnify, or hold harmless Customer, an End User, a consumer, or any third party against claims arising from Inputs, Outputs, AI Features, or their use.

Any provider defense, indemnity, copyright commitment, or similar protection benefits Customer only if Essent expressly extends it in a written Order or service-specific schedule. Provider protection does not automatically enlarge Essent’s obligations.

16. Suspension and Termination

Essent may suspend, restrict, modify, disable, or terminate access to AI Features if Customer or an End User violates the Agreement; submits prohibited data; engages in prohibited or high-risk activity; creates an unacceptable legal, privacy, security, safety, operational, or provider-compliance risk; fails to comply with provider requirements; or threatens the integrity or availability of the Services.

Where reasonably practicable, Essent may limit a suspension to the affected user, application, integration, model, workflow, or AI Feature. Essent may require Customer to demonstrate remediation before restoring access.

16.1 Data Following Termination

Following termination or expiration, Essent will delete or return Customer Data associated with AI Features in accordance with the MSA, Essent’s applicable retention schedule, the applicable Data Processing Addendum, and documented provider limitations.

Essent and applicable AI Providers may retain information where required by law or reasonably necessary for security, fraud prevention, abuse investigation, dispute resolution, backup integrity, or enforcement of the Agreement.

17. Survival

The provisions concerning ownership, intellectual property, confidentiality, trade secrets, restrictions, feedback, risk allocation, indemnification, limitation of liability, dispute resolution, and all provisions that by their nature should survive will survive termination or expiration of the Agreement.

18. Order of Precedence

This AI Addendum supplements the MSA. Except as expressly modified by this AI Addendum, the MSA remains in full force and effect.

In the event of a conflict, the following order of precedence applies:

  1. an executed Order or written agreement that expressly identifies and overrides the conflicting provision;
  2. an applicable Data Processing Addendum, solely regarding the processing and protection of Personal Data;
  3. this AI Addendum, solely regarding AI Features;
  4. the MSA; and
  5. applicable provider terms, solely regarding the operation and permitted use of the affected provider service.

Notwithstanding the foregoing, provider-specific restrictions, limitations, technical requirements, licensing obligations, acceptable use requirements, privacy requirements, and other requirements applicable to a particular AI Provider, model, service, or AI Feature govern solely with respect to the affected provider service.

Customer is responsible for determining applicability of provider requirements. Nothing in provider requirements expands Essent’s obligations, warranties, indemnification obligations, or liability under the Agreement.