MKAI ยท Working paper

The Liability Transfer

Published July 2026

Abstract

This paper examines the public contracts for seven enterprise AI services. Across all seven vendors, the terms make the customer responsible for the AI output. Elsewhere, these same contracts disclose that the output is affected by vendor controls such as filters, system instructions, safety features, retrieval rules, data masking, or classifiers. However, the clauses assigning user responsibility completely ignore these controls.

Suggested citation

Foster-Fletcher, R. (2026). The Liability Transfer: How enterprise artificial intelligence terms assign responsibility in one place and describe controls elsewhere. MKAI Working Paper.

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PDF size: 185 KB

Record metadata

Type
Working paper
Theme
Responsibility and controls in enterprise AI contracts
Status
Published working paper

Methods

  • Contract reading
  • Three-question coding scheme
  • Vendor comparison

Keywords

liabilitycontractsenterprise AI