AI Prompt Shield – End User License Agreement (EULA)

This agreement governs the use of the AI Prompt Shield software, including updates, documentation and associated configuration templates (together the “Software”). By installing or using the Software, the Customer accepts this agreement. Purchase, prices and term are governed by the License Terms.

For the term of the licence, NexGen grants the Customer the non-exclusive, non-transferable and non-sublicensable right to install and use the Software in the Customer’s own infrastructure (on-premises or in a cloud environment operated exclusively for the Customer) for internal business purposes within the purchased scope. The Customer may make a reasonable number of copies for testing, staging and backup purposes.

Affiliates of the Customer may use the Software only if expressly agreed. The Customer may engage service providers to operate the Software, provided they operate it exclusively for the Customer and are bound by this agreement.

An evaluation licence entitles the Customer solely to test the Software for 30 days. Productive use, in particular processing requests in ongoing business operations, is not permitted. After expiry, the Software must be uninstalled unless a paid licence is purchased.

Unless mandatorily permitted by law, the Customer shall not:

• rent, lend, sell or make the Software available to third parties;
• operate the Software as a service for third parties (software-as-a-service, managed service);
• modify, translate or create derivative works of the Software, except configuration via the interfaces provided;
• reverse engineer, decompile or disassemble the Software, except in the cases and to the extent permitted by § 40e of the Austrian Copyright Act;
• circumvent or remove licence checks, protection mechanisms or copyright notices;
• use the Software to develop a competing product.

AI Prompt Shield technically enforces the policies defined by the Customer. The Customer is solely responsible for:

• defining, configuring and maintaining the policies and detection rules;
• the lawfulness of processing personal data when using the Software; in this respect the Customer is the controller within the meaning of the GDPR;
• informing the employees concerned and – where required – concluding a works agreement pursuant to §§ 96, 96a of the Austrian Labour Constitution Act (ArbVG) or obtaining the employees’ consent;
• compliance with the terms of use of the connected AI services;
• the secure operation of the infrastructure on which the Software runs, including access control, backups and timely installation of security updates.

AI Prompt Shield is not an AI model and does not replace organisational measures. Detection of sensitive content is based on rules and methods that, according to the state of the art, cannot guarantee complete detection of all cases. The Software supports the Customer’s governance but does not by itself establish compliance with the GDPR, the AI Act (Regulation (EU) 2024/1689) or any other regulation.

The Software processes requests exclusively within the Customer’s infrastructure. NexGen does not receive any content of requests, responses, policies or logs. Where the Software connects to NexGen for licence or update checks, only the licence ID, version and technical identifiers are transmitted; this is described in the documentation and can be disabled where provided.

The Software may contain open-source components. These are subject to their respective licences, which are delivered with the Software or its software bill of materials (SBOM). Where those licences grant the Customer broader rights, they take precedence over this agreement for the component concerned.

During the licence term, NexGen provides updates in accordance with the License Terms. The Customer shall install security updates within a reasonable period. NexGen is not liable for defects that would have been remedied by an update that was provided but not installed.

Warranty and liability are governed by the License Terms and the Terms & Conditions. In particular, NexGen is not liable for damage arising because content was transmitted to an AI service despite use of the Software or because requests were incorrectly modified or blocked, unless NexGen acted with intent or gross negligence.

All rights in the Software, in particular copyrights and trademark rights, remain with NexGen or its licensors. The Customer does not acquire ownership of the Software.

The right of use ends when the licence expires. NexGen may revoke the right of use with immediate effect for good cause, in particular in case of a serious breach of this agreement despite a request to remedy it, or payment default of more than 30 days. Upon termination, the Customer shall delete the Software and all copies and confirm deletion in writing on request. The Customer may export its data, policies and logs beforehand.

When using the Software, the Customer complies with the applicable export control and sanctions regulations of the European Union and Austria.

Austrian law applies, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods. Place of jurisdiction is the court having subject-matter jurisdiction for 5600 St. Johann im Pongau. Should any provision be invalid, the validity of the remaining provisions remains unaffected.