AIMMS AI Systems - Terms of Use

1. About AIMMS AI Systems

Certain features of the (SaaS) products and services of AIMMS, such as SC Navigator and Optimization Tooling (collectively: “Platform”), are powered by artificial intelligence and large language models (LLM) technology (”AIMMS AI System(s)”). These AIMMS AI Systems are designed to help Customers and its Authorized Users (”User(s)”) work more efficiently by explaining functionality, answering questions, and, where enabled, supporting the execution of actions within the Platform.

Within the product interface AIMMS AI Systems are identified as follows: “SENSAI” and “SENSAI Pro” in SC Navigator and “AI Companion” in Optimization Tooling. AIMMS AI Systems provide suggestions and perform actions only when explicitly instructed. They do not make autonomous decisions. Customer and its Users always remain fully in control.

Each AIMMS AI System constitutes an AI system within the meaning of the EU AI Act. AIMMS acts as the provider of these AI systems. Customer, as the entity deploying an AIMMS AI System in an operational context, qualifies as a deployer.

The applicable risk classification and supporting documentation are maintained in AIMMS’ technical documentation and are available upon request. Users will be notified at the start of each session, through a clearly visible notice, that they are interacting with an AI system. Where an AIMMS AI System is used to execute autonomous or semi-autonomous actions, Customer must ensure that appropriate human oversight measures are in place.

2. Scope of Use

Each AIMMS AI System is intended for use within the Platform only, limited to the specific domain and use cases for which it has been made available. It may not respond to, or be used for, requests or purposes outside that scope. Furthermore, the AIMMS AI Systems must not be used for purposes that fall within the scope of prohibited AI practices as listed in Article 5 AI Act. Features are made available exclusively on an opt-in basis, and Customer and User acknowledge that by enabling AIMMS AI Systems it is activating AI-assisted functionality within the products.

4. User Control and Oversight (Advanced/Agentic Functionality)

Where an AIMMS AI System includes advanced or agentic capabilities (e.g. the ability to autonomously or semi-autonomously execute actions within the Platform), the following principles apply. All actions are:

Initiated by the User - effective human oversight must be maintained at all times
Transparent and auditable - a log of executed actions is maintained
Reversible - via undo functionality where technically feasible
Overridable and interruptible - at any time by the User

Customers and Users are responsible for reviewing and validating any actions taken by an AIMMS AI System. Customer must designate a natural person with sufficient competence, authority, and resources to exercise human oversight over the use of advanced or agentic functionality.

5. How Data Is Used

AIMMS AI Systems process the following categories of data:

User inputs (prompts and instructions)
System-generated responses
A temporary session identifier
Operational telemetry data (anonymized or aggregated)

Data is used solely to:

Generate responses to user queries
Execute instructions within the Platform (where applicable)
Monitor and improve system performance and reliability (via anonymized telemetry)

6. AIMMS AI Systems are not designed to process personal data

Customers and Users are requested not to enter personal data or special categories of personal data into any AIMMS AI System. To the extent that personal data is nonetheless incidentally submitted, Customers should refer to the AIMMS Privacy Policy and the applicable Data Processing Agreement. Where telemetry data constitutes personal data, it is processed on the basis of legitimate interests. Customers and Users may object to such processing at any time by contacting the Data Protection Officer at privacy@aimms.com.

7. Data Storage and Retention

Data Category	Retention
Chat / session interactions	Duration of active session only; permanently deleted upon session end
Session identifiers	Removed upon session end
Anonymized telemetry data	Maximum of 14 days after session end, unless a longer period is required by applicable mandatory law

Upon expiry of the applicable retention period, data is securely deleted or anonymized in accordance with applicable mandatory law. A full retention schedule is available on AIMMS privacy policy.

8. Data Security

All data is processed within AIMMS’ secure Azure environment. Data is encrypted both in transit and at rest and is not shared outside this environment, except as set out in this section. AIMMS has implemented appropriate technical and organizational security measures, including:

Access controls and multi-factor authentication
Logging and audit trails of executed actions
Regular penetration testing and vulnerability assessments
Data breach notification procedures (notification to the competent supervisory authority within 72 hours of becoming aware of a breach; notification to affected parties where a high risk to their rights and freedoms is established)

9. Third-Party AI Technology and International Data Transfers

AIMMS AI Systems may use third-party AI infrastructure, including Azure OpenAI (GPT-4) operated by Microsoft, to generate responses. This service processes data solely to generate output and does not use your data for training or sharing with third parties, in accordance with applicable Microsoft product terms. AIMMS has entered into a data processing agreement with Microsoft as required by applicable law. Data processed through Azure OpenAI may be transferred to and processed in data centers outside the European Economic Area (EEA). Such transfers are safeguarded by Standard Contractual Clauses (SCCs) adopted, incorporated in the data processing agreement with Microsoft. Further information on third-party sub-processors and international transfers is available on AIMMS privacy policy.

10. Accuracy and Limitations

AIMMS does not warrant the accuracy, completeness or fitness for purpose of any AI output and:

Outputs should be verified before use
AIMMS AI Systems should be used as a support tool, not as the sole basis for decisions
Customer and User are responsible for independently verifying any AI-generated output before relying on it for operational, strategic or commercial decisions

AIMMS conducts ongoing post-market monitoring of its AI Systems’ performance and accuracy, in accordance with its obligations as provider under the EU AI Act. Monitoring reports are maintained in AIMMS’ technical documentation.

11. Beta and General Availability Status

Where an AIMMS AI System is offered as a beta or in a limited availability phase, the following applies:

Functionality may change without prior notice
Availability is not guaranteed
Feedback and anonymized usage data may be used to improve the system, solely on a valid legal basis and in accordance with applicable policy
Anonymized and aggregated usage data may be used for model improvement, provided re-identification is not reasonably possible

AIMMS will notify Customer in advance of any transition from beta to general availability or material changes to functionality.

12. Customer and User Responsibilities

By enabling an AIMMS AI System, Customer, and (if applicable) User, agree and warrant that they (i) remain responsible for all decisions and actions taken on the basis of AI-generated outputs and (ii) use the AIMMS AI System in accordance with applicable laws and its organization’s internal policies. Furthermore, as a deployer Customer, and if applicable User, must:

Ensure each AIMMS AI System is used solely in accordance with AIMMS’ instructions for use
Ensure that Users are sufficiently informed about the system’s functioning, capabilities, and limitations
Designate a responsible natural person to oversee the use of advanced or agentic AI functionality
Establish internal policies and procedures for managing risks associated with the use of AI systems, to the extent required by law
Notify AIMMS without undue delay - and in any event within 48 hours of becoming aware, if abnormal functioning, serious incidents, or misuse is identified, by contacting support@aimms.com

AIMMS will in turn fulfill its own reporting obligations to the relevant national market surveillance authority in accordance with applicable EU AI Act provisions.

13. Data Act - Access, Portability and Interoperability

Customers and Users have the right to easy, secure, and free access to the data generated through their use of AIMMS AI Systems in conformity with the EU Data Act. AIMMS shall make such data available upon request in a commonly used, machine-readable format. AIMMS may not use user generated data to compete with customers in markets where such data provides a strategic advantage. Commercial use of user-generated data by AIMMS is only permitted with prior explicit consent. Customer has the right to switch to a comparable service provider. AIMMS will facilitate the transfer of relevant data in an interoperable format and will not impose excessive switching barriers.

14. Limitation of Liability

To the maximum extent permitted by applicable law, AIMMS shall not be liable for any loss or damage arising from Customer’s or User’s reliance on AI-generated outputs without independent verification. This limitation applies, if applicable, in addition to any general limitations of liability set out elsewhere in the License Agreement in place between AIMMS and Customer. In addition, AIMMS shall not be liable for any incidental, indirect or consequential damages, including without limitation any loss of profits, revenue or data, or business interruption or reputational damage.

15. Governing Law and Dispute Resolution

These Terms of Use are governed by the laws of the Netherlands. Any dispute arising out of or in connection with these Terms of Use that cannot be amicably resolved between parties shall be settled in accordance with the License Agreement in place between AIMMS and the Customer.

16. Updates to These Terms

AIMMS reserves the right to update these Terms of Use to reflect changes in applicable law, regulatory guidance, or product functionality. Customers will be notified of material changes in advance. Continued use of an AIMMS AI System following notification of material changes constitutes acceptance of the updated Terms of Use.

These Terms of Use should be read in conjunction with the License Agreement in place between AIMMS and Customer. Any terms used but not defined in these Terms of Use shall have the meaning ascribed to such terms in the License Agreement. In case of a contradiction between the terms of the License Agreement and these Terms of Use, the License Agreement prevails.