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ARTICLE · 28 SEPTEMBER 2026

AI In Your Software Stack But Not In Your Contract

ENS
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Many Master Services Agreements were drafted before AI became embedded in software products, leaving organizations without contractual frameworks governing how AI operates, how it is trained, or who carries the risk when things go wrong. This article examines the legal and operational risks created by AI-enabled systems and explores how an Artificial Intelligence Contract Addendum can introduce targeted protections to ensure AI is deployed within a clear contractual governance framework.

South AfricaMedia, Telecoms, IT, Entertainment
Ridwaan Boda
Ridwaan Boda
Shaaista Tayob
Shaaista Tayob
Author LinkedIn connections

Artificial Intelligence (“AI”) is no longer a future technology. It is now embedded in the software systems that organisations rely on every day. SaaS platforms, analytics engines, HR tools, financial decision systems, medical software and operational platforms increasingly rely on AI functionality in order to generate outputs, automate processes and support decision making.

However, many Master Services Agreements were drafted before artificial intelligence became commercially embedded in software products. As a result, these agreements often do not address how AI is being used within the services being provided. Organisations may therefore be deploying AI enabled systems without any contractual framework governing how that AI operates, how it is trained, or who carries the risk if something goes wrong.

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