AI Early Access Programme

These Terms are between Thirdfort Limited (company number 10757456, registered office Belle House, Unit 2, Platform 1, Victoria Station, London SW1V 1JT) (“Thirdfort”, “we”, “us”) and the firm named in the application submitted on our AI Early Access Programme page (“you”, “your firm”).

1. Background and how you agree

1.1 You use Thirdfort’s client due diligence platform (the “Platform”) under Thirdfort’s Terms of Use and Data Processing Agreement (together, the “Existing Terms”).

1.2 We are developing experimental and beta AI-enabled features for the Platform that support your client due diligence and compliance work (for example KYC, AML screening, Source of Funds, KYB and other AI-assisted CDD or compliance features) (“AI Features”). Our AI Early Access Programme (the “Programme”) gives you early access to AI Features, one-off tests on samples of your data, feedback workshops and design partner projects.

1.3 By ticking the box on the Programme page, the person ticking it confirms that they are authorised to agree to these Terms on your behalf, and you agree to them. These Terms apply alongside the Existing Terms and do not replace them. If they conflict in relation to an AI Feature, these Terms prevail.

2. What joining does and does not do

2.1 Joining the Programme does not itself switch on any AI Feature or authorise us to process your data for the Programme. That only happens through the Activation Email process in section 3.

2.2 Feedback workshops, design partner projects and similar activities are voluntary. They do not commit either of us to development work, particular features, resources, intellectual property rights or fees unless separately agreed in writing.

3. Activation Emails

3.1 Before we switch on an AI Feature for you (a “Pilot”) or run a one-off test of a proposed or existing AI Feature on a defined sample of your data (a “Batch Test”), we will send your firm an email (an “Activation Email”) setting out:

1. the name of the feature or test and a brief description of what it does;

2. the categories of your data it will use and, for a Batch Test, the sample criteria and approximate volume;

3. whether it is read-only or advisory, or generates, recommends or writes an outcome back to the Platform, and the human review or escalation that applies;

4. the pilot period or test timing, and any applicable pricing or commercial terms; and

5. the relevant AI provider, processing location, any retention of test copies or outputs, and any other material safeguard or departure from section 4.

3.2 We will go ahead only once someone at your firm has confirmed by email (or in the Platform) that you wish to proceed. From then on the Pilot or Batch Test is treated as authorised by you and subject to these Terms and the Existing Terms.

3.3 We may send an Activation Email to any of your users or contacts. You are responsible for making sure the right people at your firm see it and that whoever confirms is authorised to do so.

3.4 A confirmed Pilot or Batch Test authorises us to process your data held on the Platform (including check, matter, identity, source of funds, KYB, screening, risk and result data, user-entered content and usage data) only to the extent reasonably necessary for that Pilot or Batch Test, and subject to any third-party data source restrictions.

4. Data handling and safeguards

4.1 For every Pilot and Batch Test:

1. processing takes place within the United Kingdom or European Union;

2. we use third-party AI providers bound by appropriate contractual data protection and confidentiality obligations, and neither we nor they use your data to train or fine-tune an AI model;

3. your data remains subject to the same security and retention controls that apply under the Existing Terms; and

4. where an AI Feature makes or influences a decision, its output is advisory and appropriate human review or escalation applies, as described in the Activation Email.

4.2 Biometric data used to uniquely identify an individual is processed only where expressly identified in the Activation Email and in accordance with applicable law. Any other material departure from this section 4 will be clearly identified in the Activation Email, and we will proceed only with your express written confirmation.

4.3 For a Batch Test, copies created for the test, the test workspace and its outputs are deleted when the test ends (subject to security, audit and any provider safety-log retention disclosed in the Activation Email). We may use aggregated or de-identified results to improve our products and services.

4.4 You control, through the configuration options we make available, how much personal data from your checks is made available to an AI Feature.

5. Outputs and responsibility

5.1 AI Feature outputs (including answers, verdicts and generated documents) are advisory and informational only, are not professional, legal or compliance advice, may be inaccurate, and must be checked before being relied on.

5.2 You remain responsible for reviewing outputs and for every decision taken on them, including where you have configured an AI Feature to write results back to the Platform automatically, and for any personal data your users choose to enter into an AI Feature.

5.3 We will not enable a solely automated decision with legal or similarly significant effects on an individual unless the Activation Email identifies it and its safeguards and the processing complies with applicable law.

5.4 The Existing Terms, including your responsibility for your own decisions and the limits on Thirdfort’s liability, apply to the Programme and to every AI Feature.

6. Experimental features and ending participation

6.1 AI Features are experimental. We may modify, suspend or withdraw any AI Feature at any time.

6.2 These Terms take effect when the box is ticked and continue until ended. Either of us may end your participation in the Programme, or in any Pilot or AI Feature, at any time by written notice (email is sufficient). Ending does not affect the Existing Terms.

7. General

7.1 These Terms supplement the Existing Terms and do not amend them except as expressly stated. Updates to the Existing Terms apply to these Terms and to every AI Feature from the date they take effect. We may update these Terms by notifying you; the updated Terms apply to any Pilot or Batch Test confirmed after that date.

7.2 No third party has rights under the Contracts (Rights of Third Parties) Act 1999 to enforce these Terms.

7.3 These Terms and any dispute or claim arising out of or in connection with them are governed by the law of England and Wales, and the courts of England and Wales have exclusive jurisdiction.