HelixBOS Platform Services Policy

Addendum to the Main Services Agreement

This Addendum is incorporated into and supplements the DNA Behavior Main Services Agreement. In the event of a conflict between this Addendum and the Main Services Agreement, this Addendum governs for HelixBOS services.

 

Recitals

Context & Purpose of This Addendum


DNA Behavior Solutions LLC ("DNA Behavior", "we", "us", or "our") provides the HelixBOS Behavioral Operating System — an AI-powered behavioral intelligence platform powered by Decisioning Digital Twins created by Metis DNA and operated by Nous DNA — to enterprise clients (each, the "Client" or "Subscribing Firm") as a professional services deployment.

The DNA Behavior Main Services Agreement governs access to the DNA Behavior website and platform. This Addendum supplements that agreement to address the specific professional services, data processing obligations, intellectual property boundaries, and commercial terms applicable to HelixBOS deployments. Where the Main Services Agreement is silent or general, this Addendum governs.

The parties agree that the following terms are incorporated into their agreement and are binding from the date the Client first accesses or uses HelixBOS services.

 

Section 1: Definitions

Key Terms Used in This Addendum


HelixBOS
The HelixBOS Behavioral Operating System — the AI-powered behavioral intelligence platform provided by DNA Behavior, powered by Decisioning Digital Twins created by Metis DNA and operated by Nous DNA.

Decisioning Digital Twin
A living, structured behavioral intelligence profile of an individual (leader, advisor, employee, client, or prospect), created and maintained by Metis DNA from DNA Natural Behavior Discovery data and real-time enrichment inputs. The foundational intelligence unit of HelixBOS.

Metis DNA
The AI Co-Pilot developed by DNA Behavior that creates and maintains Decisioning Digital Twins from behavioral assessment data, exported factor reports, team reports, and real-time enrichment inputs.

Nous DNA
The AI Co-Pilot developed by DNA Behavior that operates the HelixBOS Behavioral Operating System by consuming Decisioning Digital Twins and executing behavioral intelligence functions including Co-Pilot recommendations, automatic event responses, and personalized communications.

DNA Natural Behavior Discovery
The psychometrically validated behavioral assessment developed by DNA Behavior, available in 11-question, 17-question, and 46-question formats, used as the foundational data source for Decisioning Digital Twin creation.

DNA Digital Scan
The AI-driven mass-scale behavioral profiling process developed by DNA Behavior that generates initial Decisioning Digital Twins at 70–75% accuracy from public data sources using a name and current or former workplace, without requiring individual participation.

Behavioral Profile Data
All data generated from or relating to a DNA Natural Behavior Discovery, DNA Digital Scan, or any other DNA Behavior assessment process, including factor reports, team reports, export downloads, and all derivative outputs.

Subscribing Firm
The enterprise client that has entered into the Main Services Agreement and this Addendum with DNA Behavior and that deploys HelixBOS within its organization or for the benefit of its own clients.

End Client
Any individual who is a client, prospect, customer, employee, advisor, or stakeholder of the Subscribing Firm, and in respect of whom a Decisioning Digital Twin is created or maintained as part of a HelixBOS deployment.

Twin Data
All data contained in or forming the basis of a Decisioning Digital Twin, including Behavioral Profile Data and any enrichment data (financial, demographic, life event, transactional, or personal decision-making data).

Data Room
The guarded data environment (which may be hosted on the Subscribing Firm's infrastructure, including SharePoint, Teams, or Azure) from which Nous DNA reads Twin Data to operate HelixBOS — without crossing back to DNA Behavior's source systems.

Implementation Phase
The consultant-led setup and configuration phase during which DNA Behavior builds and deploys the HelixBOS environment for the Subscribing Firm. HelixBOS is not a self-service platform; the Implementation Phase is required for all deployments.

Permitted Purpose
The use of HelixBOS, Decisioning Digital Twins, and Twin Data by the Subscribing Firm to deliver behaviorally informed advice, management, coaching, and communication to its leaders, employees, advisors, and End Clients, as described in the applicable HelixBOS edition documentation.

Controller / Processor
As defined under applicable privacy law: the Subscribing Firm is the data controller in respect of its End Clients' personal data; DNA Behavior acts as a data processor in respect of such data when providing HelixBOS services.

 

Section 2: Scope of HelixBOS Services

What DNA Behavior Provides and How

 

2.1 Nature of the Service

2.1.1  HelixBOS is a professional services deployment, not a self-service software product. DNA Behavior acts as the Behavioral Solutions Architect, designing and building the HelixBOS Behavioral Operating System for each Subscribing Firm.

2.1.2  All HelixBOS deployments require a consultant-led Implementation Phase. The Implementation Phase includes: Decisioning Digital Twin creation via Metis DNA, Nous DNA Co-Pilot configuration, Enterprise Data Warehouse integration, and behavioral workflow setup. No HelixBOS deployment is operational without a completed Implementation Phase.

2.1.3  DNA Behavior will provide the Subscribing Firm with operating instructions appropriate to their deployment context — either the Business & Leadership Edition, the Wealth Management Edition, or both — together with the HelixBOS Technical Foundation Appendix. Where appropriate, DNA Behavior may produce separate instruction sets for the DNA Behavior implementation team and a representative version for the Subscribing Firm's leadership and platform administrators.


2.2  Decisioning Digital Twin Creation

2.2.1  Decisioning Digital Twins are created by Metis DNA using one or more of the following pathways: (a) Full Natural Behavior Discovery (11, 17, or 46-question participant-completed assessment); (b) DNA Digital Scan (AI-driven profiling from public data sources); (c) DNA Behavioral Translator (conversion from other assessment formats); or (d) Custom Data Enrichment (integration of additional psychometric, biometric, financial, or life planning data).

2.2.2  The foundational layer of every Decisioning Digital Twin is the DNA Natural Behavior Discovery. Digital Twins created initially via the DNA Digital Scan are automatically upgraded when a Full Natural Behavior Discovery is completed for that individual.

2.2.3  Digital Twins are living files. They are enriched in real time through the update pathways described in the HelixBOS Technical Foundation Appendix (Appendix C), including financial and demographic data, life events, transactions, personal decision-making information, and meeting notes.


2.3  The Data Room Model

2.3.1  HelixBOS operates on a guarded data room architecture. Twin Data is transmitted to a Data Room that Nous DNA reads in order to execute HelixBOS functions. Nous DNA does not access DNA Behavior's underlying systems, source algorithms, or web application directly.

2.3.2  For always-on, 24/7 HelixBOS processing, the Data Room must be hosted within the Subscribing Firm's own infrastructure (including SharePoint, Microsoft Teams, or Azure environments). DNA Behavior does not host continuous processing environments on behalf of Subscribing Firms. The cost of continuous processing infrastructure is the responsibility of the Subscribing Firm.

2.3.3  DNA Behavior may create Decisioning Digital Twins internally (particularly for large-scale builds) and transmit the resulting Twin Data to the Subscribing Firm's Data Room. Once transmitted, the Subscribing Firm is responsible for the security and appropriate use of that Twin Data within their infrastructure.

 

Section 3: Intellectual Property & IP Protection Boundaries

What Remains DNA Behavior's and What the Subscribing Firm Receives


3.1  DNA Behavior Intellectual Property

3.1.1  DNA Behavior retains all intellectual property rights in: (a) the DNA Natural Behavior Discovery assessments and all underlying psychometric methodologies and algorithms; (b) the DNA Behavior Platform, web application, and API; (c) Metis DNA and Nous DNA as AI Co-Pilot systems; (d) the HelixBOS platform architecture, operating model, and documentation; and (e) all Behavioral Profile Data outputs, factor reports, and scoring frameworks generated by DNA Behavior's systems.

3.1.2  The Subscribing Firm receives a limited, non-exclusive, non-transferable license to use Decisioning Digital Twins and HelixBOS outputs for the Permitted Purpose during the term of their agreement with DNA Behavior. This license does not include any rights to the underlying algorithms, models, or methodologies that generate those outputs.


3.2  IP Protection Boundaries — Non-Negotiable

IP PROTECTION — NON-NEGOTIABLE BOUNDARIES

The following boundaries are agreed as non-negotiable across all HelixBOS deployments. Breach of any of these boundaries constitutes a material breach of this Addendum and the Main Services Agreement.

  • DNA Behavior's core algorithms, psychometric methodologies, and web application APIs are never directly accessed by Claude, any external LLM, or any system operated by or on behalf of the Subscribing Firm

  • Twin Data is transmitted to a guarded Data Room for Nous DNA to read — Nous DNA never crosses back to access DNA Behavior's source systems from within the Data Room

  • No Subscribing Firm, third-party developer, or implementation partner may reverse-engineer, decompile, or attempt to reconstruct DNA Behavior's underlying psychometric algorithms from HelixBOS outputs

  • Decisioning Digital Twins and Twin Data may not be used to train, fine-tune, or improve any AI model or machine learning system other than HelixBOS as operated by DNA Behavior

  • Decisioning Digital Twins may not be sold, licensed, transferred, or disclosed to any third party outside the Subscribing Firm's organization without DNA Behavior's prior written consent


3.3  Subscribing Firm Data Ownership

3.3.1  The Subscribing Firm retains ownership of all data it provides to DNA Behavior for the purpose of creating Decisioning Digital Twins, including CRM data, HR records, client records, and any other organizational data.

3.3.2  DNA Behavior's psychometric outputs (Behavioral Profile Data, factor reports, Digital Twin files) are derived works produced by DNA Behavior's proprietary systems. Ownership of these outputs vests in DNA Behavior, subject to the limited license granted to the Subscribing Firm in clause 3.1.2.

 

Section 4: Permitted Use & Restrictions

What the Subscribing Firm May and May Not Do


4.1  Permitted Uses

Subject to this Addendum and the Main Services Agreement, the Subscribing Firm may use HelixBOS, Decisioning Digital Twins, and Twin Data for the following purposes:

  • Delivering behaviorally informed advice, coaching, communication, and decision support to its leaders, employees, advisors, and End Clients

  • Enriching the Subscribing Firm's CRM, HR, and operational systems with behavioral intelligence for internal use

  • Generating personalized communications for review and approval by human advisors, leaders, or employees before delivery to End Clients — in accordance with the human-in-the-loop requirement described in Section 7

  • Accessing and reviewing an individual's own Decisioning Digital Twin for the purposes of self-awareness, coaching, and development

  • Sharing Decisioning Digital Twin outputs with the individual to whom they relate, as part of an advisor-client or leader-employee discussion


4.2  Prohibited Uses

The Subscribing Firm may not, and must ensure that its employees, contractors, and platform administrators do not:

  • Use Decisioning Digital Twins or Twin Data to make fully automated decisions affecting an individual's employment, compensation, credit access, investment outcomes, suitability determinations, or legal status — without human review and approval (see Section 7)

  • Use Twin Data for any purpose other than the Permitted Purpose without DNA Behavior's prior written consent

  • Disclose Twin Data to any third party outside the Subscribing Firm's organization, including any affiliate, partner, or service provider, without DNA Behavior's prior written consent and an appropriate data-sharing agreement

  • Use Twin Data to develop, train, or improve any AI or machine learning model other than HelixBOS as provided by DNA Behavior

  • Attempt to reverse-engineer, extract, or reconstruct DNA Behavior's psychometric algorithms or methodologies from HelixBOS outputs

  • Direct any external LLM, AI agent, or automated system to access DNA Behavior's web application, APIs, or source systems

  • Sell, license, or otherwise commercially exploit Decisioning Digital Twins or Twin Data

  • Use HelixBOS or Twin Data in a way that violates applicable law, the rights of any individual, or any professional obligation of the Subscribing Firm to its End Clients

Section 5: Data Processing, Privacy & Regulatory Compliance

The Parties' Obligations in Respect of Personal Data


This section constitutes a Data Processing Agreement (DPA) between DNA Behavior (as data processor) and the Subscribing Firm (as data controller) in respect of personal data processed by DNA Behavior in the course of providing HelixBOS services. These provisions supplement and, in respect of HelixBOS services, supersede any general data processing provisions in the Main Services Agreement.


5.1  Data Controller and Processor Roles

5.1.1  The Subscribing Firm is the data controller in respect of all personal data relating to its End Clients, employees, and advisors that is processed in connection with HelixBOS, including all data provided to DNA Behavior for Digital Twin creation.

5.1.2  DNA Behavior acts as a data processor in respect of such personal data when providing HelixBOS services. DNA Behavior processes personal data only on the documented instructions of the Subscribing Firm, as set out in this Addendum and associated implementation documentation.

5.1.3  Where DNA Behavior independently determines the purpose and means of processing personal data (for example, in connection with the development of its own systems and methodologies), DNA Behavior acts as a data controller in its own right.


5.2  Nature of the Behavioral Data Processing

The Subscribing Firm acknowledges and agrees that:

5.2.1  Behavioral Profile Data generated through the DNA Natural Behavior Discovery constitutes data that has been voluntarily and knowingly provided by each individual participant. The individual's completion of the Discovery constitutes consent to the generation of a behavioral profile from their responses. The Subscribing Firm is responsible for ensuring that this consent extends to the use of the profile within HelixBOS, consistent with clause 5.4 below.

5.2.2  Behavioral Profile Data generated through the DNA Digital Scan is derived from public data sources and information already held by the Subscribing Firm (such as CRM records). This process is analogous to behavioral analytics performed by financial institutions on customer data and does not require individual participation. However, the Subscribing Firm is responsible for ensuring that its use of such data is consistent with its own privacy policies, the terms under which client data was collected, and applicable law.

5.2.3  Decisioning Digital Twins are structured representations of Behavioral Profile Data, enriched with additional data provided by or on behalf of the Subscribing Firm. Creating a Digital Twin from an existing behavioral profile does not, in most US jurisdictions, constitute a new processing purpose requiring fresh consent — provided that the Digital Twin is used to inform human advisor or leader judgment rather than to make fully automated consequential decisions (see Section 7). The Subscribing Firm should obtain legal advice in respect of any jurisdictions where this position may differ.


5.3  DNA Behavior's Obligations as Data Processor

DNA Behavior will, in respect of personal data processed on behalf of the Subscribing Firm:

  • Process such data only on the documented instructions of the Subscribing Firm, as set out in this Addendum

  • Implement appropriate technical and organizational measures to protect the security of personal data, including encryption in transit (TLS 1.2+) and at rest (AES-256 or equivalent)

  • Not disclose personal data to any third party except as required by law or as expressly permitted by this Addendum

  • Maintain records of processing activities as required by applicable law

  • Notify the Subscribing Firm promptly (and in any event within 72 hours of becoming aware) of any personal data breach affecting data processed on behalf of the Subscribing Firm

  • Assist the Subscribing Firm in responding to requests from individuals exercising their data subject rights under applicable law

  • Not transfer personal data outside the jurisdiction of collection without ensuring that appropriate transfer mechanisms are in place

  • On termination of the agreement, return or securely delete all personal data processed on behalf of the Subscribing Firm, as directed by the Subscribing Firm


5.4  Subscribing Firm's Disclosure Obligations to End Clients

THE TRIANGULAR RELATIONSHIP — KEY OBLIGATION

HelixBOS involves a triangular data relationship: DNA Behavior provides behavioral intelligence to the Subscribing Firm, which uses it in its relationship with its own End Clients. DNA Behavior does not have a direct contractual relationship with End Clients. Accordingly, the Subscribing Firm bears the primary disclosure obligation to End Clients, and indemnifies DNA Behavior for any failure to fulfil that obligation.


The Subscribing Firm must, in respect of all End Clients whose Decisioning Digital Twins are created or used within HelixBOS:

5.4.1  Ensure that End Clients are informed, in plain language within the Subscribing Firm's engagement letter, client agreement, privacy notice, or equivalent disclosure, that the Subscribing Firm uses behavioral intelligence software to support advisor or leadership decision-making. The disclosure need not name HelixBOS specifically, but should make clear that a behavioral profile may be created and used to personalize the services delivered to the End Client.

5.4.2  Ensure that where a Decisioning Digital Twin is based on the End Client's completion of the DNA Natural Behavior Discovery, the End Client is informed that their profile has been created and is used within the Subscribing Firm's advisory or operational processes. The advisor-client discussion that typically accompanies profile completion satisfies this requirement, provided it is documented.

5.4.3  Ensure that where a Decisioning Digital Twin is based on the DNA Digital Scan (using public data), the Subscribing Firm's privacy policy or engagement terms disclose that the firm may use behavioral analytics derived from publicly available information to personalize client services — consistent with the practice of financial institutions that analyze customer data for persona development and personalization.

5.4.4  Comply with all applicable data subject rights requests in respect of End Client Twin Data, including rights of access, correction, deletion, and objection, and notify DNA Behavior promptly if any such request relates to data held or processed by DNA Behavior.


5.5  Regulatory Compliance

The Subscribing Firm is responsible for ensuring that its use of HelixBOS complies with all applicable laws and regulations in the jurisdictions in which it operates, including:

  • GDPR (EU/UK): lawful basis for processing Decisioning Digital Twin data; data subject rights; Article 22 automated decision-making obligations (see Section 7); cross-border transfer mechanisms; and DPIA requirements for large-scale profiling

  • CCPA (California): disclosure of behavioral data collection and use; right to opt out; right to know what data is held

  • Financial services regulations: SEC Regulation Best Interest (Reg BI), FINRA suitability obligations, and state fiduciary standards, where applicable to the Subscribing Firm's deployment context

  • Employment law: applicable fair employment and data protection standards governing the use of behavioral data in hiring, performance management, and termination decisions

DNA Behavior provides HelixBOS as a technology and professional services provider. DNA Behavior does not provide legal, regulatory, or compliance advice. The Subscribing Firm should obtain independent legal advice in respect of its regulatory obligations.

 

Section 6: Digital Twin Ownership, Lifecycle & Portability

What Happens to Digital Twins During and After the Agreement


6.1  Ownership During the Term

6.1.1  As set out in clause 3.3.2, DNA Behavior retains intellectual property rights in Decisioning Digital Twins as derived works produced by DNA Behavior's proprietary systems. The Subscribing Firm holds the license rights described in clause 3.1.2 during the term of the agreement.

6.1.2  The Subscribing Firm retains ownership of the underlying personal data provided to DNA Behavior for Digital Twin creation, including CRM records, HR data, client records, meeting notes, and any other enrichment data provided by the Subscribing Firm.


6.2  Institutional Knowledge & Continuity

6.2.1  A core benefit of HelixBOS is the preservation of institutional knowledge through Decisioning Digital Twins. When an advisor, consultant, or leader departs the Subscribing Firm, the Digital Twins worked with — including all accumulated enrichment data from meeting notes, life events, and interactions — remain in the Subscribing Firm's Data Room and continue to power HelixBOS for their successor. This is a deliberate and documented feature of the platform.

6.2.2  The Subscribing Firm acknowledges that this institutional knowledge retention feature involves retaining Twin Data after the departure of the individual advisor, consultant, or leader who was primarily associated with those twins. The Subscribing Firm is responsible for ensuring that End Client disclosure provisions (clause 5.4) make this practice clear, and that it is consistent with applicable law.


6.3  Individual Rights — Correction and Accuracy

6.3.1  Any individual in respect of whom a Decisioning Digital Twin exists has the right, upon request to the Subscribing Firm, to: (a) access a summary of their Digital Twin; (b) correct factual inaccuracies in the enrichment data; and (c) request that their Digital Twin be deleted (subject to clause 6.4).

6.3.2  The Subscribing Firm is responsible for managing individual rights requests in respect of End Client Digital Twins and must notify DNA Behavior promptly where any such request requires DNA Behavior to take action.


6.4  Termination and Deletion

6.4.1  On termination of the agreement between DNA Behavior and the Subscribing Firm, the Subscribing Firm must either: (a) return all Digital Twin files and Twin Data held in its Data Room to DNA Behavior; or (b) securely delete all Digital Twin files and Twin Data, and provide DNA Behavior with written confirmation of deletion within 30 days of termination.

6.4.2  DNA Behavior will, on termination, securely delete all personal data processed on behalf of the Subscribing Firm in DNA Behavior's systems, subject to any retention obligations required by law.

6.4.3  Following termination, the Subscribing Firm's licence to use Decisioning Digital Twins and Twin Data immediately terminates. Continued use of Twin Data after termination constitutes a breach of this Addendum.

 

Section 7: AI Governance & Human-in-the-Loop Requirements

Obligations for Responsible AI Use in HelixBOS


This section governs the Subscribing Firm's obligations in respect of the use of AI-generated outputs from Nous DNA and Metis DNA within HelixBOS. These obligations reflect both the platform's design principles and the Subscribing Firm's legal and ethical obligations under applicable law.


7.1  The Human-in-the-Loop Requirement

AUTOMATED DECISION-MAKING — MANDATORY HUMAN REVIEW

No HelixBOS output may be used to make a fully automated decision that has a significant effect on an individual without human review and approval. This is both a platform design principle and, in many jurisdictions, a legal requirement. The Subscribing Firm is responsible for implementing and enforcing this requirement across all HelixBOS use cases.


The Subscribing Firm agrees that the following categories of decision always require human review and approval before any action is taken, regardless of any HelixBOS recommendation:

  • Hiring and recruitment decisions — Decisioning Digital Twins may inform selection; they may not determine it

  • Performance management and disciplinary decisions — behavioral signals may provide context; human judgment determines consequence

  • Termination and redundancy decisions — behavioral data may surface risk signals; the decision is always human

  • Compensation and promotion decisions — Digital Twin alignment is one input; humans own the outcome

  • Investment recommendations and portfolio advice — behavioral risk posture informs advice; the licensed advisor owns the recommendation and the suitability record

  • Client suitability determinations — Digital Twins enrich suitability assessment; they do not automate it

  • Credit and underwriting decisions — behavioral factors are inputs; final determinations require human review

  • Client communications — all Nous DNA-generated communications are reviewed, edited, and approved by a human advisor or leader before sending; no communication is sent by Nous DNA directly to an End Client without human approval


7.2  Article 22 GDPR Compliance (EU/UK Deployments)

7.2.1  Where the Subscribing Firm processes personal data of individuals in the EU or UK, the Subscribing Firm must ensure that no Nous DNA output is used as the sole basis for a decision that produces legal effects or similarly significantly affects an individual, unless one of the Article 22 exemptions applies.

7.2.2  The human-in-the-loop requirement described in clause 7.1 is designed to ensure that Nous DNA outputs inform human decision-making rather than constitute automated decision-making within the meaning of Article 22. The Subscribing Firm is responsible for ensuring this principle is observed in practice.

7.3  AI Audit Trail

7.3.1  HelixBOS maintains a log of all Nous DNA recommendations surfaced to advisors, leaders, and employees. This log records: the timestamp and session identifier; the Digital Twin inputs that generated the recommendation; the human recipient; and whether the recommendation was acted on, modified, or rejected.

7.3.2  The audit trail is accessible to the Subscribing Firm's compliance function and to DNA Behavior for platform governance purposes. The Subscribing Firm must ensure that the audit trail is preserved for a minimum of five years, or such longer period as required by applicable law.

7.3.3  Where the Subscribing Firm is a regulated financial services firm, the audit trail constitutes part of the suitability documentation for any recommendation informed by HelixBOS and must be maintained consistent with applicable regulatory requirements.

 

Section 8: Commercial Terms

Fees, Term, Renewal & Cancellation


8.1  Implementation Phase Fees

8.1.1  All HelixBOS deployments require a consultant-led Implementation Phase. Implementation fees are agreed separately and are payable in accordance with the implementation project proposal or statement of work provided by DNA Behavior.

8.1.2  Implementation fees are non-refundable once the Implementation Phase has commenced, unless DNA Behavior fails to deliver the agreed implementation scope through its own fault.


8.2  Subscription Fees

8.2.1  Following the Implementation Phase, HelixBOS services are provided on a subscription basis. Subscription fees, billing cadence, and included service scope are set out in the applicable order form or subscription agreement.

8.2.2  DNA Behavior reserves the right to adjust subscription fees on reasonable written notice (not less than 60 days prior to the next renewal period). Price adjustments take effect at the next renewal date.

8.2.3  Subscriptions have a 12-month minimum term and renew automatically unless written notice of cancellation is provided at least 30 days before the end of the current term, consistent with the Main Services Agreement.


8.3  Usage-Based Costs

8.3.1  For Subscribing Firms running always-on, 24/7 HelixBOS processing within their own infrastructure, the cost of that infrastructure (including SharePoint, Teams, and Azure compute costs) is the responsibility of the Subscribing Firm.

8.3.2  Where DNA Behavior provides a managed service for large-scale continuous processing on behalf of the Subscribing Firm, the associated costs are agreed separately and passed through or billed as a managed service fee.


8.4  Liability

8.4.1  In addition to the liability limitations in the Main Services Agreement, the following apply to HelixBOS services: DNA Behavior's total liability to the Subscribing Firm in respect of any single claim or series of related claims arising from HelixBOS services shall not exceed the total fees paid by the Subscribing Firm to DNA Behavior in the 12 months immediately preceding the claim.

8.4.2  DNA Behavior is not liable for any failure by the Subscribing Firm to comply with its disclosure obligations to End Clients (clause 5.4), its human-in-the-loop obligations (Section 7), or any applicable law or regulation. The Subscribing Firm indemnifies DNA Behavior against all claims, losses, and costs arising from such failures.

8.4.3  DNA Behavior is not liable for any loss arising from the Subscribing Firm's use of Nous DNA or Metis DNA outputs without human review, contrary to the requirements of Section 7.

8.4.4  Neither party is liable for indirect, consequential, or punitive damages, loss of profit, or loss of data arising from HelixBOS services, to the extent permitted by applicable law.


8.5  Indemnification

8.5.1  The Subscribing Firm agrees to defend, indemnify, and hold harmless DNA Behavior and its officers, employees, and agents from and against all claims, losses, damages, costs, and expenses (including reasonable legal fees) arising from or relating to: (a) the Subscribing Firm's failure to fulfil its disclosure obligations to End Clients under clause 5.4; (b) the Subscribing Firm's use of HelixBOS, Decisioning Digital Twins, or Twin Data in breach of this Addendum; (c) the Subscribing Firm's violation of applicable law in connection with its use of HelixBOS; (d) any claim by an End Client arising from the Subscribing Firm's use of Twin Data; or (e) the Subscribing Firm's failure to implement the human-in-the-loop requirement in Section 7.

 

Section 9: General Terms

Governing Law, Disputes & Miscellaneous


9.1  Relationship with Main Services Agreement

9.1.1  This Addendum is incorporated into and forms part of the Main Services Agreement between DNA Behavior and the Subscribing Firm. Defined terms in the Main Services Agreement have the same meaning in this Addendum unless otherwise defined.

9.1.2  In the event of a conflict between this Addendum and the Main Services Agreement, this Addendum governs in respect of HelixBOS services. All other provisions of the Main Services Agreement continue to apply.


9.2  Governing Law & Dispute Resolution

9.2.1  This Addendum is governed by the laws of the State of Georgia, consistent with the Main Services Agreement. All disputes arising from or relating to this Addendum are subject to the dispute resolution provisions of the Main Services Agreement (binding arbitration in Fulton, Georgia).


9.3  Amendments

9.3.1  DNA Behavior may update this Addendum from time to time to reflect changes in HelixBOS services, applicable law, or regulatory requirements. The Subscribing Firm will be notified of material changes with at least 30 days' notice. Continued use of HelixBOS following the effective date of an amendment constitutes acceptance of the updated terms.


9.4  Severability & Entire Agreement

9.4.1  If any provision of this Addendum is found to be unlawful, void, or unenforceable, that provision is severable and does not affect the validity of the remaining provisions. This Addendum, together with the Main Services Agreement and any associated implementation agreements or order forms, constitutes the entire agreement between the parties in respect of HelixBOS services.