Is Docusign training its AI Services on contracts I upload to Docusign for signature?

I also have this question. The FAQ makes a reference to contractual obligation to allow it but is very vague and there are no opt in/out options 

Hi Everyone,

When we train models using customer data to improve the accuracy of our AI features, we only use data from customers who have given consent, and that data is de-identified and anonymized before training occurs. We only collect data for training from customers who have given explicit contractual consent as part of their participation in AI Extension for CLM, AI Labs and select beta programs using AI.

Trust and transparency have always been at the core of DocuSign, and our work with AI is no different. We have updated our AI FAQ to provide more clarity moving forward.
https://support.docusign.com/s/document-item?language=en_US&bundleId=fzd1707173174972&topicId=uss1707173279973.html&_LANG=enus

Hi John

Thank you for your response. Thank you for the FAQ update, however, my concerns are with https://www.docusign.com/legal/terms-and-conditions and these terms are what ultimately govern the relationship between Docusign and its Customers. 

Is using the site after the update to the Docusign terms and conditions of 23 January 2024 what you mean by “explicit contractual consent” for the use of AI and machine learning on Customer Data? 

Schedule 1 appears to apply to all users of all DocuSign Services. If they do not, this should be made clear. 

I have particular concerns about Clause 5b of Schedule 1- Permission to Use Analytics Data; AI Output. 

Relevant definitions:

“AI Output” means the data output generated by AI Services from Customer’s use of such AI Services.

“AI Services” means any feature, functionality, product, or service made available by DocuSign (including any DocuSign Service(s)) which utilizes machine learning or artificial intelligence technology, including any of the same labeled or otherwise identified as AI-powered in DocuSign Services or applicable Documentation.

“Analytics Data” means any data, output (including AI Output), insights, or other information comprising, generated or derived from: (i) Customer’s and Authorized Users’ use of the DocuSign Services; and (ii) Customer Data, in each case in de-identified form.

Important clauses:

Schedule 1 Clause 5b Permission to Use Analytics Data; AI Output. 

1. As between the parties, Customer owns AI Output (to the extent protectable under intellectual property law) (i) subject to DocuSign’s underlying ownership of DocuSign Services, AI Services, AI models, training data (excluding Customer Data), Analytics Data, AI training tools, AI Output formats, and other technology used or provided by DocuSign as part of or in connection with AI Services, and all intellectual property rights therein, including but not limited to updates, enhancements and modifications thereto (“DocuSign AI Technology”), which DocuSign solely and exclusively owns…

3. Notwithstanding anything to the contrary in the Terms, DocuSign may (i) use AI Output to provide DocuSign Services to Customer, and (ii) generate and process Analytics Data to improve DocuSign Services, including for artificial intelligence and machine learning purposes. Customer agrees that DocuSign may collect, store and use Analytics Data (defined below) in providing the DocuSign Services, supporting Customer’s use of the DocuSign Services, improving DocuSign products and services, and as part of DocuSign’s business operations.

Issues: 

1. In Schedule 1 5biii), the broad licence marked in bold above is not limited to AI Output. This appears to apply to all Analytics Data (e.g. de-identified contracts I upload for signature) regardless of whether the Customer is using AI Services. This is unacceptable. 
2. The definition of AI Services is too broad. The AI Services should be listed explicitly. I, as a customer, would not know when Docusign is using machine learning or AI technology on DocuSign Services. There is no interpretation clause for the word “including”. Having the list of AI services reside in an FAQ is insufficient. 
3. Analytics Data definition extending to Customer Data in de-identified form (e.g. the contracts I upload for signature) ignores the copyright in the text of documents I upload and may also breach the confidentiality restrictions in such contracts that are uploaded to Docusign.
4. The confidentiality clause in Schedule 1 says “nothing in these Terms grants us any right, title or interest in or to any of your Confidential Information except as provided in these Terms.” The definition of Analytics Data is attempting to shoe-horn in a position that de-identified Customer Data is not customers’ confidential information. Notably, Schedule 1 does not contain a reciprocal term to what is contained in the confidentiality clause in the main terms. “Any incorporation of our [Docusign] Confidential Information into any of your own materials will not render our Confidential Information non-confidential.”

I want to be able to trust that Docusign is not training its machine learning or AI services on the content of contracts that I upload to Docusign. The current terms to not provide the required level of comfort.

If it is DocuSign’s intention to only exploit de-identified Customer Data in a specific explicitly agreed sub-set of DocuSign Services that Customers sign up to access, this needs to be made much more evident in the DocuSign terms and conditions. 

Many thanks

Elizabeth

There has been no response on this for 12 days. Could Docusign please respond?

It should be compliant