Product Terms

These Product Terms supplement and form an integral part of the Subscription Agreement, Application Services Agreement, or other master agreement (the “Application Services Agreement”) between CoStar Realty Information, Inc., (or its applicable affiliate, including Visual Lease, LLC and Real Estate Manager brand, and hereafter “CoStar”) and the Client identified in the applicable Order Form. By executing an Order Form that references these Product Terms, or by accessing or using a CoStar Application Service, Application Feature, Product, or Professional Service through an online click-through, click-to-accept, browsewrap, shrinkwrap, or similar electronic acceptance process, Client agrees that these Product Terms are incorporated into and made a part of the Application Services Agreement as though fully set forth therein. All terms not defined herein shall have the meaning set forth in the Application Services Agreement.  

Client represents and warrants that any individual who accepts these Product Terms electronically or accesses or uses an Application Service or Professional Service on Client’s behalf has the authority to bind Client to these Product Terms, and any use or acceptance by such individual shall be deemed acceptance by Client.

AI Terms

1. Definitions
As used herein, the following terms shall have the following meaning: 

•  “AI Features” any artificial intelligence enabled features and functionality that CoStar makes available for use by Client or its Authorized User(s) as part of Application Services or Professional Services, or otherwise. AI Features does not include AI Lease Abstraction Features.
• “AI Lease Abstraction Features” features and functionality made available by CoStar for use by Client where the feature automatically generates a concise, structured summary of a lease record by extracting key terms, dates, financial details, obligations, and clauses solely from Client source documents (e.g., Client Data). AI Lease Abstraction Features output is limited solely to a summary or abstraction of the lease content and does not provide or include recommendations, interpretations, or modifications to the original lease.
• “Client Data” (a) materials and data provided by or on behalf of Client to CoStar in connection with Client’s use of the Application Services or Professional Services, including, e.g., lease documents, and (b) AI Lease Abstraction Features output. Client Data expressly excludes CoStar Data. 
• “Confidential Information” Non-public information disclosed by one party to the other that is marked confidential, or that a reasonable person would understand to be confidential given the nature of the information and the circumstances of disclosure, excluding information that: (a) is or becomes public through no breach of this Application Services Agreement; (b) was lawfully known to it without restriction before receipt; (c) is independently developed without use of the disclosing party’s Confidential Information; or (d) is lawfully received from a third party without restriction. Client Data is Confidential Information. 
• “CoStar Data” Data developed or created by, or on behalf of CoStar, including without limitation: (a) Application Services and Professional Services Documentation; (b) all report templates, workflows, models, user manuals, help guides, technical documentation, specifications, and other materials made available to Client on CoStar’s website or otherwise in connection with the use of Application Services or Professional Services from time to time, including, but not limited to, the descriptions of features, functionality, usage limits, technical requirements, and pricing information, (c) derived data when used in combination with other derived or independently sourced data, including aggregated, anonymized, or de-identified data that does not identify, and cannot reasonably be used to identify, Client or any individual, and (d) AI Features output.

2. Artificial Intelligence (“AI”) Features

AI Features and AI Lease Abstraction Features may be included as part of the Application Services or Professional Services, but certain AI Features or AI Lease Abstraction Features may be unavailable for certain plans, regions, or configurations, changed, suspended, discontinued, or subject to additional Fees. Such features may be used to generate various outputs and may use various sources to create such outputs, including Client Data, CoStar Data, and publicly available data.

3. Use Restrictions

In connection with Client’s use of any AI Features or AI Lease Abstraction Features, Client must not submit any Personal Data submitted by prompt or otherwise through Client’s use of any AI Features or AI Abstraction Features. Client is solely responsible for its use of any outputs generated by such features, including ensuring such use complies with applicable law, and Client has all necessary rights to submit any prompts in connection with such features. 

4. Acknowledgement

Client acknowledges that outputs from AI Features and AI Lease Abstraction Features are generated automatically, are not independently verified by CoStar, and may be inaccurate, incomplete, or not suitable for Client’s intended use. AI Features and AI Lease Abstraction Features are not designed to provide legal, accounting, or other professional advice, and Client shall not rely on such outputs without independent review and validation. 

5. Reservation of Rights

CoStar retains all right, title, and interest in and to AI Features, including all models, algorithms, and improvements thereto. Without limiting the foregoing, CoStar may use Client Data and outputs generated by AI Features in accordance with its rights in CoStar Data under the Application Services Agreement. 

6. License

Notwithstanding the foregoing, Client shall own output generated by AI Lease Abstraction Features. Client hereby grants CoStar a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, sub-licensable license to access, use, host, reproduce, display, distribute, process, modify, perform, and create derivative works from AI Lease Abstraction Features output, including in aggregated and de-identified form for CoStar’s internal purposes as well as for developing, marketing, and offering its products and services, provided that Client is not identified and Client Confidential Information is not disclosed. 

7. Interpretation

Except as expressly modified in this paragraph, all other terms and conditions applicable to AI Features shall apply equally to AI Lease Abstraction Features.