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In brief.
A company responds to a tender or an audit with the help of AI, and a false statement goes out in the signed document. Who is liable? Towards the client: you, always — it is your signature. The real question is one of recourse. With an in-house tool or a consumer LLM used outside any framework, there is none: providers’ terms of use disclaim all liability. With a software vendor, there is a contract, service commitments, traceability, a third party answering for its system.
Dispelling an illusion
“The AI wrote it” is not a defence anywhere. In a procurement procedure, the bidder is answerable for the accuracy of its offer; in an audit, the company is answerable for its declarations. What the choice of tool changes is your ability to prevent the error (evidence and approval mechanisms), to detect it (scores, sources, targeted review), to reconstruct it after the fact (logging: which answer, which source, which version, who approved), and to obtain redress from a committed supplier.
What regulation adds
European legislation on AI organises a chain of responsibilities between providers and deployers of AI systems, with obligations of transparency, logging and human oversight. A company that assembles its own system takes on both roles: it carries the provider’s obligations in addition to the deployer’s, often without realising it. Three questions for a lawyer or an executive: who is contractually committed on this system? Can we reconstruct, with evidence, how an answer was produced and approved? Who will maintain all of this in three years’ time?
The Optivalue.ai approach
Optivalue.ai commits contractually on its system and delivers the substance of the evidence: sources traced to document and page, scores, timestamps, approval history. On the day reconstruction is required, everything is there.
Can an AI be legally liable?
No: liability rests on the signing company and, contractually, on its supplier according to the commitments made.
What is an internal prototype worth in front of an auditor?
Whatever its logs and documentation are worth: generally, not much.
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