AI ATTACHMENT FOR DOCUSIGN SERVICES

Service Attachment version Date: August 12, 2025

Subject to Section 2, this AI Attachment for Docusign Services (the “AI Attachment”) applies to all AI Services (defined below). Unless otherwise defined in this AI Attachment, capitalized terms have the meaning given to them in the Agreement. 

1. DEFINITIONS.

“AI Improvement Data” means any data, insights, or other information generated or derived from anonymized and aggregated AI Output and/or Customer Data.

“AI Output” means the data or content (e.g., responses, suggestions, summaries) generated by the AI Services from Customer’s use of AI Services. AI Output is Customer Confidential Information (as defined in the Agreement) and is not considered part of the Docusign Services. 

“AI Services” means Docusign Services that utilize or integrate with artificial intelligence or machine learning software, technologies, features, or functionalities, including without limitation generative models, artificial intelligence algorithms or machine learning models. For clarity, the AI Services are deemed part of the Docusign Services.

2. APPLICABILITY OF THIS AI ATTACHMENT. 

* For Docusign eSignature, when used as a standalone service, Section 4 below will not apply, and therefore Docusign is not obtaining consent through this AI Attachment to train on Customer Data nor create AI Improvement Data. 

** As defined in the Docusign Sites and Services Terms and Conditions.

3.  AI OUTPUT.

3.1 Ownership. As between the Parties, Customer owns the AI Output, subject to the restrictions set forth in the Agreement. 

3.2 License to AI Output. Customer hereby grants Docusign a non-exclusive, worldwide, royalty-free right and license, with the right to sublicense, to use, host, reproduce, display, perform, and modify Customer Data and AI Output for the purposes of hosting, operating, and providing Docusign Services for Customer.     

4.  AI TRAINING RIGHTS; OPT-OUT RIGHTS. 

4.1 AI Training. Subject to Section 4.2, Customer hereby grants Docusign a perpetual, non-revocable, non-exclusive, worldwide, royalty-free right and license, with the right to sublicense, to use, host, reproduce, display, perform, and modify Customer Data and AI Output, in all Docusign Services used by Customer, to create AI Improvement Data for the purposes of improving the AI Services and Docusign Services generally, including, without limitation, training artificial intelligence and computational algorithms, machine learning models, for creating outputs and datasets, and for other machine learning purposes (“Docusign’s AI Training”). Docusign will exclusively own and retain all rights, title, and interest, and intellectual property rights, in and to AI Improvement Data. For clarity, prior to performing Docusign’s AI Training, Docusign will anonymize and aggregate all Customer Data and AI Output used for such purposes. This Section shall survive expiration or termination of the Agreement, and Docusign has no obligation to delete existing AI Improvement Data upon expiration or termination of the Agreement.

4.2 Opt-Out Rights. Customer may, at any time, and on a go-forward basis, elect to opt-out of Docusign’s AI Training utilizing the applicable “opt-out” toggle or feature within the applicable Docusign Service, whereby Docusign will no longer have Docusign’s AI Training rights to create AI Improvement Data from Customer Data or any AI Output generated. For clarity, Docusign will continue to have Docusign’s AI Training rights to AI Improvement Data created prior to Customer’s opt-out.   

5. RESERVATION OF RIGHTS. Notwithstanding anything to the contrary in this AI Attachment, and without limiting Docusign’s rights under the Agreement, Docusign will exclusively own and retain all rights, title, and interest, and all intellectual property rights, in and to the AI Services (including without limitation any improvements or modifications thereto and any learning derived therefrom). 

6. WARRANTIES AND DISCLAIMERS. 

6.1 AI SERVICES WARRANTY. In addition to the warranties contained in the Agreement, Docusign warrants that, to its knowledge, Docusign has obtained sufficient permissions to its Training Data used for training AI models incorporated into the AI Services. For purposes of this AI Attachment, “Training Data” means data used by Docusign to train or improve AI models powering the AI Services, including (a) Customer Data expressly authorized by customers for such use; (b) publicly available data; and (c) data licensed from third parties for training purposes. Training Data excludes data used to train third-party AI models not developed by Docusign. Docusign does not control and disclaims any responsibility or liability for such pre-existing training data used by third-party providers prior to incorporation into the AI Services.

6.2 DISCLAIMERS. DOCUSIGN MAKES NO WARRANTIES OR REPRESENTATIONS, WHETHER EXPRESS, IMPLIED IN FACT OR BY OPERATION OF LAW, OR STATUTORY,  REGARDING THE AI OUTPUT AND DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING, BUT NOT LIMITED TO, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. GIVEN THE PROBABILISTIC NATURE OF MACHINE LEARNING, THE AI SERVICES MAY PRODUCE AI OUTPUT THAT IS INCORRECT OR OTHERWISE UNDESIRABLE. CUSTOMER IS RESPONSIBLE FOR REVIEWING AND EVALUATING (INCLUDING THROUGH HUMAN REVIEW) THE AI OUTPUT FOR ACCURACY AND SUITABILITY FOR CUSTOMER’S INTENDED USE CASE. THE SUITABILITY OF AI SERVICES AND AI OUTPUT FOR ANY SPECIFIC PURPOSE IS AT THE SOLE DISCRETION OF THE CUSTOMER. NEITHER DOCUSIGN, THE AI SERVICES, NOR AI OUTPUT ARE PROVIDING CUSTOMER WITH LEGAL ADVICE. DUE TO THE NATURE OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING, AI OUTPUT MAY NOT BE UNIQUE AND THE AI SERVICES MAY GENERATE THE SAME OR SIMILAR AI OUTPUT FOR CUSTOMER OR A THIRD PARTY. DOCUSIGN WILL NOT BE RESPONSIBLE OR LIABLE FOR AI OUTPUT TO THE EXTENT AI OUTPUT INCLUDES CUSTOMER DATA. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THE AGREEMENT, DOCUSIGN’S INDEMNIFICATION OBLIGATIONS SHALL NOT APPLY WITH REGARD TO THE AI SERVICES AND/OR AI OUTPUT WHERE THE UNDERLYING CLAIM ARISES FROM OR AS A RESULT OF: (A) CUSTOMER DATA THAT INFRINGES OR MISAPPROPRIATES ANOTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS; (B) CUSTOMER’S FAILURE TO COMPLY WITH THE AGREEMENT AND/OR LAWS APPLICABLE TO THE CUSTOMER; (C) MODIFICATIONS OF THE AI SERVICES AND/OR AI OUTPUT BY CUSTOMER; OR (D) CUSTOMER CREATING OR USING AI OUTPUT THAT IT REASONABLY KNOWS OR SHOULD HAVE KNOWN INFRINGES OR MISAPPROPRIATES ANOTHER PARTY’S INTELLECTUAL PROPERTY RIGHTS.