FullStory

Summary of Important Changes

1. Agreement structure and incorporated documents

• The agreement is reformatted and appears to incorporate a much broader set of linked or referenced documents, including:
• Acceptable Use Policy
• Customer DPA
• Delivery and Provider Addenda
• Onboarding and Service Provider materials
• Subprocessor List
• International Data Transfers terms
• Security, Compliance, Reseller, Partner, and Technology Partner addenda
• Privacy policies and related terms
• This may expand Customer’s obligations beyond the main Master Services Agreement. The legal effect of each linked document, its priority in the event of conflict, and whether Fullstory may update it should be confirmed.
• The revised definition of the Agreement expressly includes exhibits, policies, and addenda “attached hereto or referenced herein,” increasing the risk that online documents become contractually binding without being separately signed.

2. Contract formation

• The agreement becomes binding upon the earliest of:

1. Customer signing an Order Form;

2. Customer or a User accessing or using the services; or

3. A User clicking an “I Accept,” “Sign Up,” or similar button.

• This preserves or clarifies browsewrap/clickwrap formation and may bind the Customer before a formal signature.
• The language also confirms that a person using the services on behalf of an organization represents that they have authority to do so.

3. Data definitions and privacy

• “Customer Data,” “Personal Data,” “Sensitive Data,” and “Data Processing Addendum” are expressly defined.
• The DPA is incorporated by reference and may be updated by Fullstory where required by applicable law. The scope of any other permitted updates is not clear.
• Customer remains responsible for the data it submits, the means by which it acquired that data, and compliance with applicable law.
• Customer must limit Sensitive Data to what is necessary for use of the services. If Sensitive Data is discovered, Fullstory’s stated obligation is limited to deleting it from its control after Customer provides sufficient information to locate it.

4. AI model training and data use

• No express provision authorizing or prohibiting the use of Customer Data to train AI models appears in the supplied diff.
• The changes do not add an AI-training consent requirement, an explicit opt-out, or a restriction stating that Customer Data will not be used to train, fine-tune, evaluate, or improve artificial-intelligence or machine-learning models.
• The ownership section continues to state that Customer owns Customer Data, while Fullstory owns its services and may use Feedback. Feedback expressly does not include Customer Data, which is favorable to Customer.
• Nevertheless, the absence of an AI-specific restriction leaves uncertainty about whether de-identified, aggregated, telemetry, or service-improvement data may be used for AI development under broader service-use or confidentiality language. Customer should seek an express contractual statement addressing AI training and model-improvement uses.

5. Other notable changes

• The Support Policy is linked to a specific online URL and may be updated, although changes may not materially diminish Fullstory’s responsibilities during the Term.
• Free Trial Services are expressly defined and provided at Customer’s sole risk, with potentially additional requirements and limited warranties.
• The liability cap, indemnities, renewal terms, payment obligations, and broad disclaimer language appear substantially unchanged in substance, subject to the incorporated-document changes.

Summary

The provided diff does not include the actual contractual language. It only states:

> “Added approximately 59 words to the document”

Accordingly, it is not possible to determine:

• What provisions were added, removed, or replaced;
• Whether the changes alter the parties’ rights or obligations;
• Whether liability, confidentiality, security, intellectual property, or termination terms changed; or
• Whether the customer’s data may be used to train, fine-tune, evaluate, or otherwise improve AI models.

AI-Training Risk Assessment

No conclusion can be reached about AI-model training from the information provided. The missing text should be reviewed for terms such as:

• “train,” “fine-tune,” “develop,” “improve,” or “enhance” models or services;
• “machine learning,” “artificial intelligence,” or “automated systems”;
• use of “customer data,” “content,” “inputs,” “outputs,” or “usage data”;
• rights granted on an aggregated, de-identified, anonymized, or derivative basis;
• whether training is permitted by default or only with customer consent;
• whether the customer may opt out; and
• whether data is retained after termination or used by affiliates, subprocessors, or third parties.

Required Information

Please provide the actual 59-word addition, along with any deletion or replacement text. Without the contractual language, a meaningful legal-risk analysis is not possible.

Key Changes and Risks

1. Agreement structure and incorporated documents

• The agreement is retitled and reorganized as a “Master Services Agreement” and now expressly includes exhibits, policies, addenda, and documents “attached hereto or referenced herein.”
• The diff appears to add or identify a broad set of potentially incorporated documents, including:
• Acceptable Use Policy
• Customer DPA
• Provider Addendum
• Subprocessor List
• Security Addendum
• Privacy Policy and California Privacy Notice
• International Data Transfer Terms
• Reseller and partner terms
• Compliance and security documentation
• Free, trial, onboarding, and service terms

Risk: Documents incorporated by reference may contain important obligations, privacy terms, subprocessor information, or limitations that are not in the MSA itself. Customers should confirm which documents actually apply, their order of precedence, and whether Fullstory may change them unilaterally.

2. Customer acceptance and binding effect

The agreement is expressly binding upon the earliest of:

1. Customer signing an Order Form;

2. Customer or its user accessing or using the services; or

3. Clicking an “I Accept,” “Sign Up,” or similar button or checkbox.

Risk: The customer may become bound without signing a negotiated contract. Use by an employee, contractor, or other user could potentially trigger acceptance on behalf of the organization.

3. Data definitions and privacy documents

• The agreement continues to define Customer Data, Personal Data, and Sensitive Data broadly.
• The DPA is incorporated through a link and may be updated by Fullstory where required by applicable law.
• The agreement places responsibility on the customer for the data it submits and requires prompt notification if Sensitive Data is discovered.

Risk: The customer should verify that the linked DPA adequately addresses controller/processor roles, international transfers, deletion, audit rights, subprocessors, and regulated data. The customer’s obligation to avoid or identify Sensitive Data may be significant, particularly for session-recording or analytics data.

4. AI model training and use of Customer Data

No express provision in the supplied diff authorizes or prohibits Fullstory from using Customer Data to train artificial intelligence or machine-learning models. There is also no visible change granting Fullstory ownership of Customer Data.

However:

• The agreement incorporates numerous external policies and addenda, which could contain AI-training or data-use language.
• Fullstory retains broad ownership of its services and may freely use customer Feedback, although Feedback expressly does not include Customer Data.
• The agreement should be reviewed together with the Privacy Policy, DPA, Acceptable Use Policy, Security Addendum, and any AI or product-specific terms to determine whether de-identified, aggregated, or Customer Data may be used for model training, product improvement, analytics, or benchmarking.

Recommended clarification: Obtain an express written statement that Customer Data, including derived data and session content, will not be used to train general-purpose or third-party AI models without the customer’s prior written consent.

5. Operational and commercial changes

• The Support Policy is now linked to a specific online URL, and Fullstory may update it provided customer protections are not materially diminished.
• Free Trial Services remain provided at the customer’s risk and may carry additional requirements.
• The agreement confirms automatic renewal, customer tax obligations, broad suspension rights, warranty disclaimers, and liability limitations.

Overall assessment: The principal risk is not an apparent new AI-training grant in the displayed text, but the expanded incorporation of external and potentially changeable documents.

Summary

The provided diff does not include the actual amended contract language. It only states that approximately 59 words were added.

Impact Assessment

• No substantive changes can be identified from the information provided.
• It is not possible to determine whether the additions affect:
• Customer data ownership or usage rights
• Confidentiality or privacy obligations
• Data retention or deletion
• Disclosure to third parties or service providers
• Use of customer data to train, fine-tune, evaluate, or improve AI models
• Liability, indemnification, security, or compliance obligations

AI Training and Model-Use Review

The supplied material contains no text addressing AI models or training. Accordingly, it is not possible to determine whether the amendment:

• Permits or prohibits using customer data for AI training;
• Applies only to de-identified, aggregated, or anonymized data;
• Allows use of prompts, outputs, logs, or metadata for model improvement;
• Requires customer consent or provides an opt-out;
• Allows data to be shared with affiliates, subprocessors, or model providers; or
• Limits retention or requires deletion from training datasets and model systems.

Conclusion

The actual 59-word addition is required before any meaningful legal or risk analysis can be performed.

Summary

The provided diff does not include the actual 59 added words. It only states that approximately 59 words were added to the document.

AI Training and Data Use

• No conclusion can be reached about whether the customer’s data may be used to train, fine-tune, evaluate, or improve AI models.
• It is also impossible to determine whether the new language:
• Expands the provider’s rights to use customer data;
• Allows use of data in de-identified, aggregated, or identifiable form;
• Permits sharing with affiliates, contractors, or third-party AI providers;
• Applies to prompts, outputs, customer content, metadata, or usage data;
• Provides an opt-out or requires customer consent;
• Limits retention, deletion, or post-termination use; or
• Imposes confidentiality, security, or regulatory safeguards.

Other Legal Risks

The substantive additions are not available, so no reliable assessment can be made of changes involving:

• Ownership or licensing rights;
• Confidentiality;
• Privacy and data protection;
• Security obligations;
• Indemnities or liability limits;
• Warranties and disclaimers;
• Termination rights; or
• Compliance obligations.

Required Information

Please provide the actual inserted language, with the additions shown in context. Without the text of the change, it is not possible to identify the legal effect or any new customer risks.

Summary of Important Changes

1. Agreement structure and incorporated documents

• The agreement is now presented as a Master Services Agreement, rather than simply “Terms and Conditions.”
• The definition of the Agreement is expanded or clarified to include exhibits, policies, addenda, and documents referenced in the agreement.
• The listed incorporated documents now appear to include numerous materials, such as:
• Acceptable Use Policy
• Customer DPA
• Delivery and onboarding materials
• Provider addenda
• Subprocessor List
• Security and compliance documentation
• International Data Transfers terms
• Privacy Policy and California privacy notice
• Reseller, partner, technology-partner, and pass-through terms
• Risk: Documents incorporated by reference may impose additional obligations without being included in the signed agreement. The customer should confirm which documents apply, their version dates, and the order of precedence if they conflict.

2. Contract formation and acceptance

• The agreement becomes binding upon the earliest of:

1. Customer signing an Order Form;

2. Customer or its users accessing or using the services; or

3. Clicking an “I Accept,” “Sign Up,” or similar button or checkbox.

• The wording now more clearly applies where an individual uses the services on behalf of an entity and represents that they have authority to bind it.
• Risk: Use of the service by an employee or other user may bind the organization even without a signed agreement.

3. Customer Data and data protection

• “Customer Data” remains broadly defined as electronic data submitted by or on behalf of the customer.
• The agreement continues to distinguish Personal Data and Sensitive Data, and incorporates a Data Processing Addendum available through Fullstory’s website.
• Fullstory may update the DPA where required by applicable law.
• Customers remain responsible for the data they submit, including obtaining necessary rights and providing legally required notices and consents.
• Customers must limit Sensitive Data to what is relevant and necessary and must notify Fullstory if prohibited Sensitive Data is discovered.

4. AI model training

• No express new authorization or prohibition concerning the use of Customer Data to train AI models appears in the provided diff.
• The changes do not clearly state whether Fullstory may:
• Use Customer Data to train, fine-tune, or evaluate AI models;
• Use de-identified or aggregated Customer Data for model development;
• Use prompts, outputs, telemetry, or usage data for AI training; or
• Exclude Customer Data from training by default.
• The broad incorporation of policies, documentation, and addenda creates a potential risk that AI-related terms may appear in another referenced document or later online policy.
• Recommended action: Obtain written confirmation that Customer Data, Personal Data, prompts, session content, and derived data will not be used to train or improve general-purpose or third-party AI models unless the customer expressly authorizes it.

5. Other material changes

• Support obligations now link directly to a specific online Support Policy and Service Level Agreement.
• Free Trial Services are expressly described as being used at the customer’s own risk and may be subject to additional requirements.
• The document identifies prior MSA versions as 2023 and 2020, suggesting a version update or replacement.
• Most remaining changes appear to be formatting, terminology, punctuation, or capitalization changes rather than substantive commercial changes.

Summary

The provided diff states only that “approximately 59 words” were added, but it does not include the actual added language or show any deleted or replaced text.

Legal and Risk Analysis

Because the substantive wording is missing, it is not possible to determine:

• What contractual obligations or rights changed;
• Whether liability, indemnification, confidentiality, security, or termination provisions were modified;
• Whether pricing, service levels, warranties, or dispute-resolution terms were affected; or
• Whether the customer’s data may now be used for artificial-intelligence purposes.

AI Training and Customer Data

No specific language addressing AI, machine learning, model training, data use, data retention, or data sharing appears in the supplied diff. Accordingly, no conclusion can be reached about whether the changes:

• Permit the provider to train models using customer data;
• Restrict training to de-identified, aggregated, or non-personal data;
• Allow use of customer prompts, inputs, outputs, or telemetry;
• Permit disclosure of data to third-party AI providers; or
• Create opt-out, consent, deletion, or security obligations.

Required for Further Review

Please provide the actual 59-word addition and any surrounding text, using the stated notation:

• {added text}
• [deleted text]
• []{replacement text}

The legal impact cannot be reliably assessed from the word-count statement alone.

Summary of Important Changes

1. Agreement structure and incorporated documents

• The prior reference to a “[Master Services Agreement]” appears to be replaced with a more formal “Master Services Agreement” framework.
• The Agreement now expressly includes exhibits, policies, addenda, and documents “attached hereto or referenced herein.”
• The revised text appears to incorporate or reference a broad set of documents, including:
• Acceptable Use Policy
• Customer DPA
• Provider Addendum
• Onboarding and service descriptions
• Sub-processor List
• International Data Transfers terms
• Security Addendum and compliance documentation
• Privacy Policy and California privacy notice
• Reseller and technology partner addenda
• Pass-through terms
• Risk: Incorporating documents by hyperlink or reference may make additional terms contractually binding, including terms that Fullstory can update. The priority and conflict rules among these documents should be confirmed.

2. Contract formation and acceptance

• The Agreement is now expressly between Fullstory, Inc., a Delaware corporation, and the customer or represented entity.
• It becomes binding upon the earliest of:

1. Customer signing an Order Form;

2. Customer or its users accessing or using the services; or

3. Clicking an “I Accept,” “Sign Up,” or similar button.

• Risk: The customer may become bound without a signed agreement, including through employee or user access.

3. Customer affiliates and user responsibility

• The revised terms expressly address customer affiliates and state that the customer may be jointly and severally liable for an affiliate’s compliance.
• Customer remains responsible for its users’ use of the services and compliance with the Agreement.
• Risk: The customer may bear liability for acts of affiliates, contractors, consultants, and other users, even where the customer did not directly authorize the conduct.

4. Data protection and sensitive data

• “Customer Data,” “Personal Data,” “Sensitive Data,” and the DPA are more specifically defined or incorporated.
• The DPA is available through a Fullstory URL and may be updated if required by applicable law.
• Fullstory’s obligations concerning personal data are tied to processing performed on the customer’s behalf.
• Customers must limit sensitive data to what is necessary and notify Fullstory if sensitive data is discovered; Fullstory’s stated obligation is deletion of sensitive data within its control.
• Risk: The customer remains primarily responsible for preventing prohibited or unnecessary sensitive data from entering the service. The scope and update mechanism of the online DPA should be reviewed.

5. AI model training and use of customer data

• No express provision in the supplied diff states that Customer Data may be used to train, fine-tune, validate, or improve AI models.
• The changes shown do not add an identifiable AI-training authorization or prohibition.
• The confidentiality and ownership provisions appear to preserve customer ownership of Customer Data, but they should not be assumed to prohibit AI training unless the complete Agreement, DPA, privacy policy, and referenced policies say so expressly.
• Recommended clarification: Require an explicit statement that Customer Data, Personal Data, prompts, outputs, and usage data will not be used to train or improve general-purpose or third-party AI models without the customer’s prior written consent.

6. Support and free trials

• The Support Policy is now linked to a specific online URL and may be updated, subject to a non-material-diminution limitation.
• Free Trial Services are expressly provided at the customer’s own risk and may carry additional requirements.
• Risk: Free-trial protections, warranties, and remedies may be substantially weaker than those for paid services.

7. Other observations

• Most remaining changes appear to correct formatting, quotation marks, apostrophes, URLs, and section drafting rather than materially changing commercial terms.
• The document identifies prior MSA versions as 2023 and 2020, which may affect version-control and transition analysis.

Summary

The diff does not include the actual added language. It only states that approximately 59 words were added.

Legal and AI-Training Analysis

• No substantive changes can be identified from the information provided.
• It is not possible to determine whether the added text:
• Permits or restricts use of customer data to train AI models;
• Grants the provider rights to use customer content, prompts, inputs, outputs, or usage data;
• Allows data to be shared with affiliates, vendors, or third-party AI providers;
• Establishes opt-out rights, deletion obligations, or confidentiality protections;
• Changes ownership or licensing rights in customer data or AI-generated outputs; or
• Expands the provider’s rights to retain data after termination.

Risk Assessment

The risk is undetermined because the 59 added words are not shown. The actual wording is necessary to assess whether the amendment creates new rights to use customer data for model training or otherwise changes the parties’ legal obligations.

Needed Information

Please provide the exact 59-word addition, including any surrounding wording or marked-up text.

Summary of Important Changes

1. Agreement structure and incorporated documents

• The document is reframed as a Master Services Agreement rather than a “Master Services Agreement, including any exhibits, policies, or addenda attached hereto.”
• The Agreement now expressly references a broad collection of documents, including the:
• Acceptable Use Policy
• Customer DPA
• Delivery/Provider Addendum
• Onboarding Service descriptions
• Sub-processor List
• International Data Transfers terms
• Security and Compliance Documentation
• Privacy Policy and California Privacy Notice
• Reseller, technology partner, and other addenda

Risk: These documents may contain material obligations, data-use provisions, limitations, or rights that are not reproduced in the MSA. Customers should review the referenced documents and confirm which version controls if documents conflict. The scope of incorporated terms appears broader and more explicit than before.

2. Expanded and clarified definitions

The Agreement now defines or restates terms including Customer Data, Personal Data, Sensitive Data, SaaS Services, Free Trial Services, Users, Applications, and DPA.

• “Customer Data” continues to cover electronic data submitted by or on behalf of the Customer.
• “Sensitive Data” is broadly defined to include regulated or heightened-risk data, including special-category data under the GDPR.
• The DPA is incorporated by reference through Fullstory’s online standard DPA, which may be updated by Fullstory if required by applicable law.

Risk: The online DPA and other linked documents may change over time. The Customer should seek version control, notice requirements, and confirmation that updates cannot materially reduce protections.

3. Binding effect through use

The Agreement becomes binding upon the earliest of:

1. Signature of an Order Form;

2. Access or use by the Customer or its Users; or

3. Clicking an “I Accept,” “Sign Up,” or similar button.

Risk: Employees, contractors, or other Users may bind the Customer through use even without a separately signed agreement. Internal controls should prevent unauthorized access or acceptance.

4. Data use and AI-model training

The diff does not expressly add or remove language authorizing Fullstory to use Customer Data to train artificial-intelligence or machine-learning models.

Relevant points:

• Customer Data remains defined broadly.
• Customer retains ownership of Customer Data.
• Feedback may be used by Fullstory without obligation, but the text states that Feedback does not include Customer Data.
• The incorporated privacy, DPA, security, and other online documents may contain additional data-use rights not shown in this excerpt.

Risk: The absence of an AI-training provision in the MSA does not confirm that AI training is prohibited. The Customer should specifically review the DPA, Privacy Policy, Acceptable Use Policy, product terms, and any AI-specific documentation for rights to use Customer Data, de-identified data, usage data, or prompts to train or improve models. A written prohibition or opt-out should be obtained if required.

5. Operational and commercial changes

• Support obligations now link directly to Fullstory’s online Support Policy and service-level terms.
• Free Trial Services are expressly provided at the Customer’s risk and may create additional indemnity obligations.
• The liability cap and exclusions remain commercially significant, including exclusions for Customer payment obligations and breaches of Customer obligations.
• The document identifies prior MSA versions as 2023 and 2020, suggesting version consolidation or replacement.

Executive Summary

The diff appears largely to be a reformatting, terminology, and document-navigation update rather than a broad change to the commercial terms. However, several changes may affect interpretation, incorporated documents, and customer risk.

Important Changes and Risks

1. Broader and more explicit incorporated-document framework

The agreement is now expressly described as the “Master Services Agreement” and states that it includes exhibits, policies, addenda, and documents “attached hereto or referenced herein.”

The revised document references or lists numerous materials, including:

• Acceptable Use Policy
• Customer DPA
• Security Addendum
• Subprocessor List
• International Data Transfers terms
• Privacy Policy and California Privacy Notice
• Support Policy
• Reseller and partner addenda
• Compliance and security documentation

Risk: Documents incorporated by reference may contain material operational, privacy, security, or liability terms. The customer should obtain and review the complete set of referenced documents, confirm their order of precedence, and determine whether Fullstory can update them unilaterally. The DPA is expressly described as subject to updates by Fullstory where required by applicable law.

2. Support Policy is now linked to a specific external URL

The Support Policy reference has been replaced with a direct link to Fullstory’s online support and service-level policy.

Risk: This may make the online policy more operationally important and could create uncertainty if the webpage changes. The customer should preserve a copy of the policy in effect at signing and confirm whether service levels, remedies, or support obligations can be changed during the term.

3. Customer Data and Sensitive Data provisions remain important

The revised text continues to define Customer Data broadly as electronic data submitted by or on behalf of the customer. It also retains restrictions concerning Sensitive Data and states that Fullstory’s obligation after discovery of Sensitive Data is to delete it from its control, subject to the applicable provision.

Risk: The customer remains primarily responsible for the data it submits and for the means by which it acquired that data. The customer should verify that the DPA, security terms, and product configuration adequately address personal data, sensitive data, retention, deletion, subprocessors, and international transfers.

4. AI-model training: no express change identified

The supplied diff does not add or remove an express provision authorizing Fullstory to use Customer Data to train, fine-tune, or improve artificial-intelligence or machine-learning models. It also does not show an express prohibition on such use.

The ownership language continues to state that Customer owns Customer Data, while Fullstory owns its services and may use customer feedback. The distinction between Customer Data and Feedback is important, but the excerpt does not expressly address AI training.

Risk: AI-related permissions may exist in the DPA, Privacy Policy, Acceptable Use Policy, product-specific terms, or other referenced documents not fully shown here. The customer should obtain written confirmation that Customer Data, Personal Data, prompts, outputs, telemetry, and usage data will not be used to train generalized or third-party AI models without consent.

5. Effective-date mechanics remain broad

The agreement becomes binding upon the earliest of signature, access or use, or clicking an acceptance button.

Risk: Users may bind the customer before formal procurement approval or signature.

6. Version history changed

The prior MSA versions are shown as 2023 and 2020, suggesting the current document replaces or consolidates prior versions. Confirm whether any prior negotiated terms, amendments, or data-use restrictions are superseded.

Summary

The supplied diff does not include the actual amended contract language. It only states that approximately 59 words were added. Without the text of those additions, it is not possible to determine:

• What contractual rights or obligations changed;
• Whether liability, confidentiality, payment, termination, or other provisions were affected;
• Whether customer data may be accessed, shared, retained, or disclosed differently; or
• Whether the customer’s data may be used to train, fine-tune, evaluate, or improve AI models.

AI-Training Data Review

No specific change relating to AI model training can be identified from the information provided. The actual added wording should be reviewed for terms such as:

• “train,” “fine-tune,” “improve,” or “develop” models;
• “machine learning,” “artificial intelligence,” or “ generative AI”;
• Use of customer content, inputs, outputs, prompts, or usage data;
• Rights to anonymize, aggregate, or de-identify data;
• Sharing data with affiliates, vendors, or model providers;
• Retention of data for training or service improvement; and
• Opt-out, consent, deletion, confidentiality, or security protections.

Conclusion

The diff is insufficient for legal analysis. The approximately 59 added words should be provided verbatim, together with the surrounding contract language if necessary to understand their effect.

Summary

The provided diff does not include the actual contract language. It only states:

> “Added approximately 59 words to the document”

Because the added, deleted, or replaced wording is not shown, it is not possible to determine:

• What contractual rights or obligations changed;
• Whether liability, confidentiality, security, ownership, or termination provisions were modified;
• Whether the customer’s data may be used to train, fine-tune, evaluate, or improve AI models;
• Whether customer data may be shared with affiliates, vendors, or third parties for AI-related purposes;
• Whether the customer can opt out of AI training or revoke consent;
• Whether de-identified, aggregated, or derived data may still be used after termination;
• Whether the provider claims ownership of model outputs, embeddings, prompts, or other derivatives of customer data.

AI Training Risk Assessment

No reliable assessment can be made from the information provided. The key language to review would include terms such as:

• “train,” “fine-tune,” “improve,” “develop,” or “enhance” models;
• “customer data,” “content,” “inputs,” “outputs,” “usage data,” or “telemetry”;
• “de-identified,” “aggregated,” or “anonymized” data;
• Rights to retain or use data after termination;
• Opt-out, consent, or customer-control mechanisms;
• Restrictions on using data to train general-purpose or third-party AI models.

Required Information

Please provide the actual 59-word addition and any surrounding amended language, using the specified notation:

• Additions: {new text}
• Deletions: [deleted text]
• Replacements: [old text]{new text}

Without the substantive text, there are no identifiable legal changes to analyze.

Structured Summary of Important Changes

1. Agreement structure and incorporated documents

• The agreement is reformatted and renamed from a “Master Services Agreement” presentation to a broader “Services Agreement.”
• The definition of the Agreement now expressly includes exhibits, policies, and addenda “attached hereto or referenced herein.”
• The revised text appears to incorporate a substantially expanded set of documents, including:
• Acceptable Use Policy
• Customer DPA
• Provider Addendum
• Sub-processor List
• International Data Transfers terms
• Security Addendum and Security Documentation
• Privacy Policy and California Privacy Notice
• Reseller, technology partner, and other pass-through terms

Risk: Documents merely “referenced” on a website may become contractually binding even if they were not physically attached or separately signed. Customers should confirm which versions apply and whether Fullstory may update them unilaterally.

2. Customer acceptance and effective date

The Agreement becomes binding upon the earliest of:

1. Customer signing an Order Form;

2. Customer or its User accessing or using the services; or

3. Customer or its User clicking an “I Accept,” “Sign Up,” or similar button.

Risk: Users may bind the customer through use of the platform or online acceptance, even before procurement or legal review is complete. The revised language also clarifies that a person acting for an organization represents that they have authority to do so.

3. Definitions and data-related terminology

The revision adds or standardizes definitions for:

• Customer Data
• Personal Data
• Sensitive Data
• Applications
• Data Processing Addendum
• SaaS Services
• Free Trial Services
• Users
• Acceptable Use Policy

The definition of Customer Data remains broadly framed as electronic data submitted by or on behalf of Customer. Sensitive Data includes regulated or heightened-risk information, including special categories of GDPR data and information covered by laws such as HIPAA, FCRA, COPPA, and GLBA.

Risk: Customers remain responsible for the data they collect and transmit, including ensuring that data is appropriate for use with the service and that required notices, consents, and legal bases exist.

4. AI model training and use of Customer Data

No express change concerning AI training was identified in the provided diff. The redline does not add language expressly permitting or prohibiting Fullstory from:

• Training artificial intelligence or machine-learning models using Customer Data;
• Using Customer Data to improve or develop products;
• Creating aggregated or de-identified datasets for model training; or
• Retaining Customer Data for AI-related purposes after termination.

The ownership provision appears to continue recognizing Customer’s ownership of Customer Data, but ownership alone does not necessarily restrict contractual rights to process or use that data. The DPA, Privacy Policy, Acceptable Use Policy, and referenced documentation should therefore be reviewed for any AI-training permissions or secondary-use rights.

5. Other notable changes

• The Support Policy is now linked directly to a specific URL, while allowing updates that do not materially diminish Fullstory’s responsibilities.
• Free Trial Services are expressly defined and provided at Customer’s own risk, with potentially additional requirements.
• The agreement confirms broad incorporation of online policies and documentation, increasing the importance of version control and change-notice rights.
• The final text references prior MSA versions from 2020 and 2023, suggesting historical version tracking has been added or clarified.

Summary

The provided diff does not include the actual contractual language that was added, deleted, or replaced. It only states:

> “Added approximately 59 words to the document”

Accordingly, it is not possible to determine what legal terms changed or whether any new risks were introduced.

AI Training and Customer Data

No language addressing any of the following is included in the diff:

• Whether customer data may be used to train, fine-tune, or improve AI models
• Whether customer prompts, inputs, outputs, or usage data may be retained
• Whether data may be aggregated, anonymized, or shared with third parties
• Whether customer data may be used to train models for other customers
• Whether the customer can opt out of AI training or revoke consent
• Ownership or licensing rights in customer data, inputs, or outputs
• Security, confidentiality, deletion, or retention obligations relating to AI data

Therefore, no conclusion can be reached about changes to AI-training rights or related privacy and confidentiality risks.

Key Limitation

The actual text of the additions, deletions, and replacements is required for a meaningful legal analysis.

Summary of Important Changes

1. Agreement structure and incorporated documents

• The agreement has been reformatted and its introductory language substantially rewritten.
• The definition of the Agreement now expressly includes the Master Services Agreement and any exhibits, policies, or addenda attached to or referenced in it.
• The revised text appears to reference a much broader collection of documents, including:
• Acceptable Use Policy
• Customer DPA
• Security Addendum
• Sub-processor List
• International Data Transfers terms
• Privacy Policy and California Privacy Notice
• Reseller and partner terms
• Other compliance and technology-partner documents

Risk: Documents incorporated by reference may impose additional obligations without being reproduced in the agreement. The customer should confirm which documents actually apply, their effective versions, and whether Fullstory may change them unilaterally.

2. Contract formation and acceptance

• The agreement becomes binding on the earlier of:

1. Customer signing an Order Form;

2. Customer or its Users accessing or using the services; or

3. Clicking an “I Accept,” “Sign Up,” or similar button.

• The revised language clarifies that a person accepting on behalf of an organization represents that they have authority to do so.

Risk: Customer may become bound without a traditional signature, including through employee or User access. Internal controls should limit who may activate or use the services.

3. Customer Data and privacy terms

• “Customer Data” remains broadly defined as electronic data or information submitted by or on behalf of Customer.
• The agreement continues to reference a separate Data Processing Addendum (DPA) governing Fullstory’s processing of Personal Data.
• Fullstory may update the DPA where required by applicable law.
• Customers must limit Sensitive Data to what is relevant and necessary for use of the services. If Sensitive Data is discovered, Fullstory’s stated obligation is to delete it from its control after receiving sufficient information to locate it.

Risk: The agreement places significant responsibility on Customer to prevent submission of Sensitive Data. The scope of Fullstory’s deletion obligation appears limited and should be assessed against the customer’s regulatory and retention requirements.

4. AI model training

• No express provision authorizing or prohibiting the use of Customer Data to train, fine-tune, evaluate, or improve AI models appears in the supplied diff.
• The revised text does not clearly grant Fullstory ownership of Customer Data or authorize generalized use of Customer Data for product development.
• However, the broad incorporation of policies, addenda, documentation, and privacy terms creates uncertainty if AI-training rights appear in one of those referenced documents.

Key action: Obtain and review the current DPA, Privacy Policy, Acceptable Use Policy, Security Addendum, and any AI-specific terms. Confirm expressly that Customer Data, Personal Data, prompts, outputs, and usage data will not be used to train or improve models except with Customer’s documented instruction and appropriate safeguards.

5. Other notable points

• Fullstory retains ownership of its services, materials, and intellectual property.
• Feedback may be used by Fullstory without compensation, but the text states that Feedback does not include Customer Data.
• The support policy is now linked directly to an external URL and may be updated, subject to a non-material-diminution limitation.
• The document identifies the prior MSA versions as 2023 and 2020.

Structured Summary of Important Changes

1. Agreement structure and incorporated documents

• The opening language has been reformatted and appears to restore or clarify the definition of the “Agreement” as the Master Services Agreement, together with exhibits, policies, and addenda attached or referenced.
• The revised text expressly lists numerous linked documents, including the:
• Data Processing Addendum (DPA)
• Sub-processor List
• Security Addendum
• Acceptable Use Policy
• International Data Transfers terms
• Customer Terms and other partner/reseller documents
• Risk: Documents incorporated merely by reference may change outside the signed agreement. The customer should verify which versions apply, whether they can be unilaterally updated, and which document controls in the event of conflict.

2. Contract formation

• The agreement is binding upon the earliest of:

1. Customer signing an Order Form;

2. Customer or a User accessing or using the services; or

3. Clicking an “I Accept,” “Sign Up,” or similar button or checkbox.

• The revised language more clearly applies where a person uses the services on behalf of an entity and represents that they have authority to bind it.
• Risk: The customer may become contractually bound without a countersigned agreement, including through employee or contractor use.

3. Definitions and customer responsibilities

• The definitions of Customer Data, Personal Data, Sensitive Data, SaaS Services, Users, and Applications are presented in a more standardized form.
• The customer remains responsible for:
• The legality of collecting and providing Customer Data;
• Obtaining required permissions and notices;
• Limiting Sensitive Data submitted to what is necessary; and
• Its Users’ compliance with the agreement.
• Risk: The customer bears significant responsibility for ensuring that data sent to Fullstory is lawfully collected and appropriate for processing. Sensitive-data deletion obligations appear limited to data within Fullstory’s control.

4. AI model training and use of Customer Data

• No express new authorization to use Customer Data to train AI models is visible in this diff.
• The diff does not add language granting Fullstory a right to use Customer Data, Personal Data, usage data, or de-identified data for:
• Training, fine-tuning, or evaluating artificial intelligence or machine-learning models;
• Improving generalized models; or
• Sharing training data with third parties.
• The existing ownership language appears to preserve Customer ownership of Customer Data, while Fullstory owns its services and may use customer Feedback. The text specifically indicates that Feedback does not include Customer Data.
• Important limitation: The absence of an AI-training provision does not necessarily prohibit such use if it is authorized elsewhere, including the DPA, Privacy Policy, Acceptable Use Policy, product documentation, or incorporated addenda. Those documents should be reviewed for AI-related processing rights.

5. Other notable changes

• The Support Policy is now identified by a specific URL, with stated limits on material reductions to Fullstory’s responsibilities.
• Free-trial services are more extensively defined and remain provided at the customer’s risk, potentially subject to additional requirements.
• Most remaining changes appear stylistic, grammatical, or typographical rather than substantive.

Summary

The supplied diff does not include the actual added, deleted, or replaced contract language. It only states:

> “Added approximately 59 words to the document”

Accordingly, it is not possible to determine:

• Whether the customer’s data may be used to train AI or machine-learning models;
• Whether any existing data-use restrictions have been expanded or narrowed;
• Whether the provider may use data for model training, fine-tuning, evaluation, or product improvement;
• Whether customer data may be retained, anonymized, aggregated, or shared with third parties;
• Whether the customer receives any opt-out, deletion, confidentiality, or ownership protections; or
• Whether the change creates new compliance, confidentiality, intellectual-property, or security risks.

Information Needed

Please provide the actual redline text, using the stated notation:

• {added text}
• [deleted text]
• [{replacement text}] or the applicable replacement format

Once the substantive language is provided, the analysis can identify the legal effect of the change, including any provisions concerning AI training, data licensing, permitted uses, retention, subprocessors, confidentiality, and customer rights.

Summary

The provided diff does not include the actual amended contract language. It only states:

> “Added approximately 59 words to the document”

Accordingly, no substantive legal changes can be identified.

AI Training and Customer Data

• The diff does not show any language concerning:
• Use of customer data to train, fine-tune, or improve AI models
• Whether customer data is used for general model training
• Whether prompts, inputs, outputs, or usage data are retained
• De-identification, aggregation, or anonymization of customer data
• Opt-out or consent rights
• Ownership or licensing of customer data or AI-generated outputs
• Restrictions on using confidential or personal information for AI development

No conclusion can therefore be reached about whether the contract now permits or restricts AI training using customer data.

Risks and Recommended Review

The actual 59 added words should be provided for review. Particular attention should be given to language that:

• Grants the provider broad rights to use, reproduce, analyze, or derive insights from customer data
• Allows use of “usage data,” “de-identified data,” or “aggregated data” for product improvement or model training
• Makes customer consent automatic or applies an opt-out only after notice
• Permits retention of data after termination
• Limits the provider’s confidentiality, security, or deletion obligations
• Gives the provider ownership or broad licenses over inputs, outputs, or derived models

Conclusion: The supplied information is insufficient to identify any contractual change or new legal risk.

Summary of Important Changes

1. Agreement structure and incorporated documents

• The opening language has been substantially reformatted and now describes the document as the “Master Services Agreement” rather than simply the “Agreement.”
• The Agreement now expressly includes or references a broad set of documents, including:
• Acceptable Use Policy
• Customer DPA
• Delivery and onboarding terms
• Service descriptions
• Subprocessor List
• International Data Transfers terms
• Security Addendum and compliance documentation
• Privacy Policy and California privacy notice
• Reseller, partner, technology partner, and pass-through terms
• Other customer and service-specific addenda
• Risk: Incorporating numerous online policies and addenda may expand Customer’s obligations beyond the main agreement. The documents should be collected, reviewed for priority/conflict rules, and preserved in the versions applicable on the Effective Date. The draft also appears to permit updates to certain documents, creating potential unilateral-change risk.

2. Contract formation and acceptance

• The agreement remains binding upon the earliest of:

1. Customer signing an Order Form;

2. Customer or its User accessing or using the services; or

3. Clicking an “I Accept,” “Sign Up,” or similar button.

• The language is clarified to state that a person acting for an organization represents that the organization is the Customer.
• Risk: Use of the services by an employee or User can bind the entity even without a formal signature. Customers should control account access and ensure authorized personnel accept the terms.

3. Definitions and operational terms

• Numerous defined terms are restated or stylistically revised, including Customer Data, Personal Data, Sensitive Data, SaaS Services, Users, Free Trial Services, and the DPA.
• The DPA is expressly described as available online and subject to updates where required by law.
• The Support Policy is now linked to a specific URL, and updates may not materially reduce Fullstory’s responsibilities during the applicable term.
• Risk: Customers should confirm which version of the DPA, Support Policy, Acceptable Use Policy, and other linked documents controls and whether update mechanisms are sufficiently limited.

4. Customer Data and AI-model training

• No express new authorization was identified allowing Fullstory to use Customer Data, Personal Data, or Sensitive Data to train artificial-intelligence or machine-learning models.
• The text continues to distinguish Customer Data from Fullstory’s products and feedback. Feedback may be used by Fullstory, but the revised language expressly states that Feedback does not include Customer Data.
• The agreement continues to place responsibility on Customer for the data it submits and restricts Sensitive Data.
• Risk: Although no training right appears in this diff, the incorporated privacy policy, DPA, product terms, or future online policies should be checked for separate rights to use de-identified, aggregated, telemetry, or Customer Data for analytics, product improvement, or AI training.

5. Version identification

• The prior MSA versions are changed from “2023” and “2020” to “2023” and “2020” in a compressed version notation. This appears administrative, but the final document should clearly identify its version and effective date to avoid disputes over which MSA applies.