Global Terms of Use

BEEVELOPE

GLOBAL TERMS OF USE

Effective Date: 5 September 2026

These Global Terms of Service ("Terms") constitute a legally binding agreement between FINARB ANALYTICS CONSULTING (OPC) PRIVATE LIMITED, a company duly incorporated under the laws of [Jurisdiction], having its registered office at Unit 1ES7&8, 1st Floor, Mani Casadona International Financial Hub, Action Area 2, Kolkata, New Town, North 24 Parganas, West Bengal, India 700156. (hereinafter referred to as the "Company", "we", "us" or "our"), and the individual or legal entity accessing or using the Platform (hereinafter referred to as the "Customer", "User", "you" or "your").

"Beevelope" means the Company's cloud-based software-as-a-service (SaaS) platform, including its web application, mobile application, artificial intelligence features, APIs, browser extensions, integrations, dashboards, automation tools, analytics modules and all associated software, documentation, updates, enhancements and related services made available by the Company.

Beevelope is an AI-powered cloud-based outbound sales engagement and marketing automation platform designed to assist businesses in creating, managing, automating and optimising customer communications, marketing campaigns, sales workflows and related business processes through artificial intelligence, automation technologies and data-driven analytics.

These Terms govern access to and use of the Beevelope's artificial intelligence-powered outbound sales automation platform, websites, software applications, application programming interfaces (APIs), integrations, communication tools, analytics services and all related products and services (collectively, the "Platform").

By accessing, registering for, subscribing to, or using the Platform, you acknowledge that you have read, understood and agree to be legally bound by these Terms.

PART I

GENERAL PROVISIONS

1. Acceptance of Terms

1.1 These Terms govern the access to and use of the Platform by all Users, including Customers, administrators, authorised users, employees, contractors and any other person accessing the Platform through an Account.

1.2 By creating an Account, accessing the Platform, subscribing to any Services, integrating third-party services, uploading information, connecting communication channels or otherwise using any portion of the Platform, you expressly agree to be bound by these Terms, our Privacy Policy, Data Processing Agreement (where applicable), Acceptable Use Rules incorporated herein, and any additional policies referenced by the Company.

1.3 If you do not agree with these Terms, you must immediately discontinue all access to and use of the Platform.

1.4 Where you access or use the Platform on behalf of a company, partnership, government authority, educational institution or any other legal entity, you represent and warrant that:

(a) you possess full legal authority to bind such entity;

(b) the entity agrees to be bound by these Terms;

(d) you shall remain responsible for ensuring compliance by all authorised users within your organization.

1.5 If you lack authority to bind the relevant entity, you shall not access or use the Platform on its behalf.

1.6 Beevelope", together with all associated logos, trade names, branding, domain names, graphical interfaces, software, documentation and associated intellectual property, are proprietary assets of the Company and are protected by applicable intellectual property laws.

2. Scope of Services

2.1 The Company provides an AI-powered cloud-based software platform designed to assist Customers in managing outbound business communications, workflow automation, contact management, email campaigns, artificial intelligence-assisted content generation, analytics, integrations and related commercial activities.

2.2 Depending upon the applicable Subscription Plan, the Platform may include features such as:

(a) AI-assisted email generation;

(b) outbound campaign management;

(d) contact and lead management;

(e) inbox management;

(f) analytics and reporting;

(g) AI templates and reusable content;

(h) integrations with third-party email providers, customer relationship management systems and business applications;

(i) AI model selection and configuration;

(j) multi-user workspace management;

(k) APIs, webhooks and developer tools;

(l) administrative controls; and

(m) such additional services as the Company may introduce from time to time.

2.3 The Company may modify, improve, suspend or discontinue any feature of the Platform at its discretion, provided that such changes do not materially diminish paid core Services during the applicable Subscription Term, except where required for security, legal compliance or operational necessity.

3. Eligibility

3.1 The Platform is intended solely for business and professional use.

You represent and warrant that:

(a) you have attained the age of majority under the laws applicable to you;

(b) you possess legal capacity to enter into binding agreements;

(d) your use of the Platform shall comply with all Applicable Laws; and

(e) all information provided during registration shall be accurate, complete and kept up to date.

3.2 The Platform is not intended for use by children or individuals who are legally incapable of entering into binding contractual obligations.

4. Definitions

For the purposes of these Terms, unless the context otherwise requires:

"Account" means a registered account created for accessing the Platform.

"Affiliate" means any entity that directly or indirectly controls, is controlled by or is under common control with a party.

"AI Services" means all artificial intelligence-powered functionalities made available through the Platform, including content generation, workflow assistance, analytics, summarisation, recommendations and related features.

"Authorised User" means an individual permitted by the Customer to access the Platform under the Customer's Account.

"Campaign" means any outbound communication, workflow, automation or messaging activity initiated through the Platform.

"Confidential Information" means all non-public information disclosed by one party to the other that is designated as confidential or would reasonably be understood to be confidential by its nature.

"Customer Data" means all information, content, communications, files, contact information, campaign data, prompts, analytics and other materials submitted, uploaded, generated or otherwise processed through the Platform on behalf of the Customer.

"Documentation" means user guides, technical documentation, support materials, knowledge base articles and other documentation made available by the Company.

"Platform" means the Beevelope software platform and all associated products, websites, mobile applications, APIs, cloud infrastructure, artificial intelligence services, integrations, dashboards and related technology made available by the Company. "Subscription" means the right to access and use the Platform during the applicable Subscription Term in accordance with the selected plan.

"Subscription Term" means the period for which the Customer has purchased or otherwise obtained access to the Platform.

"Third-Party Services" means products, services, APIs, software or platforms provided by third parties and integrated with or connected to the Platform.

"Workspace" means an organisational environment within the Platform through which one or more Authorised Users collaborate, administer settings and manage Customer Data.

5. Order of Precedence

In the event of any inconsistency between the documents governing the relationship between the parties, the following order of precedence shall apply unless expressly agreed otherwise in writing:

(a) a separately executed Enterprise Subscription Agreement or Master Services Agreement;

(b) a signed Order Form or Subscription Agreement;

(d) these Terms;

(e) the Privacy Policy;

(f) the Service Level Agreement (where applicable);

(g) the Information Security Policy; and

(h) any other policies or documentation expressly incorporated by reference.

6. Modification of the Terms

6.1 The Company may amend these Terms from time to time to reflect changes in Applicable Laws, regulatory requirements, technological developments, security requirements, Platform functionality or legitimate business needs.

6.2 Material changes shall be communicated through reasonable means, including email notifications, in-Platform notices or publication on the Company's website.

6.3 Continued access to or use of the Platform after the effective date of revised Terms constitutes acceptance of such revised Terms, except where Applicable Laws require express consent for particular changes.

6.4 If a Customer does not agree to a material amendment, the Customer may discontinue use of the Platform in accordance with these Terms. Any rights or obligations accrued before termination shall remain unaffected.

PART II

ACCOUNTS, SUBSCRIPTIONS AND PLATFORM ACCESS

7. Grant of Licence

7.1 Subject to these Terms, the timely payment of all applicable Fees, and the Customer's continued compliance with these Terms, the Company grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence during the applicable Subscription Term to access and use the Platform solely for the Customer's internal business purposes.

7.2 The licence granted herein does not transfer to the Customer any ownership, title or proprietary interest in the Platform or any intellectual property rights associated therewith.

7.3The Customer shall use the Platform only in accordance with:

(a) these Terms;

(b) the Documentation;

(d) any applicable Subscription Plan; and

(e) any reasonable technical or security requirements communicated by the Company.

7.The Company reserves all rights not expressly granted under these Terms.

8. Registration and Accounts

8.1 Access to certain features of the Platform requires the creation of a registered Account.

8.2 The Customer shall ensure that all information provided during registration remains accurate, complete and current throughout the Subscription Term.

8.3 The Company may require verification of identity, email addresses, telephone numbers, business information or other account details before activating or maintaining an Account.

8.4 The Company reserves the right to refuse registration, suspend an Account or require additional verification where reasonably necessary for security, fraud prevention, legal compliance or operational purposes.

9. Account Security

9.1 The Customer shall be solely responsible for maintaining the confidentiality of:

(a) usernames;

(b) passwords;

(d) API keys;

(e) access tokens; and

(f) any other security credentials associated with the Account.

9.2 The Customer shall implement appropriate administrative, technical and organizational safeguards to prevent unauthorized access to its Account.

Technical: encryption of stored credentials/secrets at rest (Fernet/AES); encryption in transit (TLS/HTTPS, database SSL, SMTP/IMAP over SSL); password hashing (bcrypt); token-based authentication (JWT, short-lived access + refresh); role-based access control (RBAC) with per-account data isolation; API rate limiting; input validation; secure secret handling with startup validation; automated bot/abuse filtering and a global suppressionlist.

Organisational: access restricted to authorised personnel on a need-to-know basis; personnel and contractors bound by confidentiality obligations; subprocessors bound by contractual data-protection obligations; an incident detection-and-response process (notification within 72 hours); periodic review of security controls. Hosted on Microsoft Azure (inheriting Azure's infrastructure/physical security).

9.3 The Customer shall promptly notify the Company upon becoming aware of:

(a) unauthorised access;

(b) suspected compromise of credentials;

(d) any misuse of the Platform.

9.4 The Company shall not be liable for losses resulting from the Customer's failure to adequately secure its Account.

10. Authorised Users

10.1 The Customer may authorise employees, consultants, contractors or other personnel to access the Platform as Authorised Users, subject to the limitations of the applicable Subscription Plan.

10.2 The Customer shall remain fully responsible for all acts and omissions of its Authorised Users.

10.3 The Customer shall ensure that each Authorised User complies with these Terms.

10.4 The Company may impose reasonable limits on:

(a) the number of Authorised Users;

(b) concurrent sessions;

(d) workspace administrators; and

(e) organisational access levels.

11. Organisations and Workspaces

11.1 The Platform permits the creation of one or more organisational Workspaces for collaboration among Authorised Users.

11.2 Each Workspace administrator shall have authority to:

(a) invite Users;

(b) remove Users;

(d) configure Workspace settings;

(e) manage connected integrations;

(f) administer campaigns;

(g) manage AI settings; and

(h) perform other administrative functions.

11.3 The Customer acknowledges that actions performed by Workspace administrators shall be deemed authorised actions of the Customer.

11.4 The Company shall not be responsible for internal disputes concerning Workspace ownership, administrative privileges or user permissions.

12. Subscription Plans

12.1 Access to the Platform shall be provided in accordance with the Subscription Plan selected by the Customer.

12.2 Different Subscription Plans may provide different features, including:

(a) AI usage limits;

(b) email sending limits;

(d) contact storage limits;

(e) analytics functionality;

(f) integrations;

(g) API access;

(h) support levels;

(i) storage capacity;

(j) Workspaces;

(k) user limits; and

(l) enterprise functionality.

12.3 The Company reserves the right to modify Subscription Plans provided such modifications do not materially reduce the core functionality of an active paid Subscription during the current billing period except where required for legal, operational or security reasons. Refer Annexed Schedule A

13. Trial Services

13.1 The Company may offer free trials, beta programmes, evaluation accounts or promotional access.

13.2 Trial Services are provided solely for evaluation purposes and may be modified, suspended or discontinued at any time without liability.

13.3 Unless expressly stated otherwise, Trial Services are provided "AS IS" without warranties of any kind.

13.4 The Company may delete Trial Accounts and associated data following expiration of the applicable trial period.

14. Enterprise Accounts

14.1 Enterprise customers may receive additional services, including:

(a) dedicated account management;

(b) onboarding assistance;

(d) enhanced security controls;

(e) custom integrations;

(f) negotiated service levels;

(g) dedicated infrastructure options;

(h) advanced administrative controls; and

(i) customised contractual arrangements.

14.2 Where a separately executed Enterprise Agreement exists, its terms shall prevail over these Terms to the extent of any inconsistency.

15. Availability of Services

15.1 The Company shall use commercially reasonable efforts to make the Platform available on a continuous basis.

15.2 The Company does not guarantee uninterrupted or error-free availability.

15.3 Temporary interruptions may occur due to:

(a) scheduled maintenance;

(b) emergency maintenance;

(d) security incidents;

(e) internet failures;

(f) cloud infrastructure failures;

(g) third-party provider outages;

(h) force majeure events; or

(i) circumstances beyond the Company's reasonable control.

15.4 Scheduled maintenance shall, where reasonably practicable, be communicated in advance.

16. Suspension of Access

16.1 The Company may immediately suspend access to all or part of the Platform where it reasonably believes that:

(a) these Terms have been violated;

(b) unlawful activity is occurring;

(d) third-party rights are being infringed;

(e) payment obligations remain outstanding;

(f) excessive or abusive usage threatens Platform stability;

(g) fraudulent activity is suspected;

(h) sanctions or export control laws require suspension; or

(i) suspension is otherwise necessary to protect the Platform, Customers or the public.

16.2 Where reasonably practicable, the Company shall notify the Customer of the reasons for suspension and provide an opportunity to remedy the issue.

16.3 Suspension shall not relieve the Customer of any payment obligations accrued prior to or during the suspension period.

17. Reservation of Rights

Nothing contained in these Terms obligates the Company to provide access to every feature, integration, AI model or future functionality.

The Company may introduce, modify, replace or discontinue features, AI models, integrations, workflows, user interfaces or technical components as part of the ongoing development of the Platform, provided that such actions are undertaken in good faith and in accordance with Applicable Laws and any applicable contractual commitments.

PART III

PLATFORM SERVICES, EMAIL ACCOUNTS, INTEGRATIONS AND AI FUNCTIONALITIES

18. Platform Services

18.1 Subject to these Terms and the applicable Subscription Plan, the Company shall provide the Customer with access to the Platform and the Services made available thereunder during the applicable Subscription Term.

18.2 The Platform is an artificial intelligence-powered software-as-a-service solution that enables Customers to manage and automate business communications, outbound sales activities, customer engagement and related operational workflows.

18.3 Platform features available at launch**:**

A. AI email generation (subject + personalisation);

B. Multi-step workflow automation (20 node types incl. A/B test, AI-decision, CRM sync, schedule-meeting, enrichment, deck generation);

C. Campaign management + scheduling; contact/lead management + lists/tags; multi-provider enrichment;

D. Inbox with reply reading, automated reply categorisation (sentiment/intent) + auto-reply rules;

E. AI mail templates (block editor);

F. AI model selection (per-feature; BYO-LLM key on Enterprise);

G. Analytics dashboard;

H. Third-party integrations (CRM, calendar, comms, enrichment);

I. Deliverability suite (warm-up + SPF/DKIM/DMARC);

J. Meeting scheduling;

K. Multi-user / team management with RBAC;

L. Single sign-on (SSO)

18.4 Nothing contained in these Terms shall obligate the Company to provide every feature, integration or functionality under every Subscription Plan.

19. Email Account Integrations

19.1 The Platform permits Customers to connect third-party email accounts for the purpose of sending, receiving, managing and analysing business communications.

19.2 Supported integrations may include services offered by Google Workspace, Microsoft 365, SMTP providers, IMAP providers, Exchange servers and other compatible email providers.

19.3 The Customer represents and warrants that:

(a) it is the lawful owner or authorised user of every connected email account;

(b) it possesses all necessary rights and permissions to connect such accounts;

(d) all credentials supplied to the Platform are accurate and valid.

19.4 The Company shall never intentionally access the contents of Customer communications except:

(a) where necessary to provide the Services;

(b) for security purposes;

(d) where required by Applicable Laws; or

(e) as otherwise permitted under the Privacy Policy.

20. Third-Party Integrations

20.1 The Platform may integrate with third-party products, software applications, APIs and cloud services.

20.2 Such integrations may include customer relationship management systems, communication platforms, productivity tools, analytics providers, artificial intelligence providers, calendar services, payment gateways and other business software.

20.3 Use of Third-Party Services shall remain subject to the applicable terms and privacy policies of such third parties.

20.4 The Company does not control Third-Party Services and shall not be responsible for:

(a) their availability;

(b) their functionality;

(d) security incidents affecting such providers;

(e) service interruptions; or

(f) modifications made by third-party providers.

20.5 The Company may discontinue any integration where:

(a) the third-party provider ceases support;

(b) legal requirements so demand;

(d) commercial arrangements terminate; or

(e) continued integration becomes technically impracticable.

21. Artificial Intelligence Services

21.1 The Platform incorporates artificial intelligence technologies to assist Customers in generating business content, automating workflows, analysing communications and improving operational efficiency.

21.2 AI-powered Services may include:

(a) AI email drafting (subject + body);

(b) Personalized per-recipient messaging;

(d) AI lead scoring / prioritization;

(e) Reply sentiment + intent classification, AI-generated presentation decks;

(f) Multi-provider AI contact enrichment; and

(g) Other AI-assisted functionalities introduced by the Company.

21.3 AI Services are intended solely to assist Users and shall not replace independent business judgment.

21.4 The Customer acknowledges that artificial intelligence systems may produce inaccurate, incomplete, outdated or misleading outputs.

Accordingly, all AI-generated content shall be reviewed by the Customer prior to use.

21.5 The Company does not guarantee the factual accuracy, legal compliance, commercial suitability or business effectiveness of AI-generated outputs.

22. AI Models

22.1 The Platform may provide access to one or more proprietary or third-party AI models.

22.2 The Company may change, replace or discontinue AI models at any time where reasonably necessary for:

(a) performance improvements;

(b) security;

(d) licensing requirements;

(e) technical upgrades; or

(f) operational efficiency.

22.3 The Customer acknowledges that outputs generated by different AI models may differ in quality, style, completeness and accuracy.

23. Workflow Automation

23.1 The Platform enables Customers to create automated workflows governing communications, campaigns, responses, notifications and operational processes.

23.2 The Customer shall remain solely responsible for:

(a) designing workflows;

(b) activating automations;

(d) ensuring workflow accuracy; and

(e) complying with Applicable Laws.

23.3 The Company shall not be liable for actions initiated automatically by Customer-configured workflows.

24. Analytics Services

24.1 The Platform may generate analytics concerning email campaigns, communication performance, engagement metrics, workflow activity, system usage and operational insights.

24.2 Analytics are provided for informational purposes only.

The Company does not warrant that analytics constitute complete, exhaustive or error-free business intelligence.

24.3 Business decisions based upon Platform analytics remain the sole responsibility of the Customer.

25. APIs and Developer Tools

25.1 Where available, the Company may provide APIs, SDKs, webhooks and developer tools to facilitate integration with external systems.

25.2 Customers shall use such developer tools only in accordance with the Documentation and technical requirements prescribed by the Company.

25.3 The Company reserves the right to impose reasonable rate limits, authentication requirements and security restrictions.

25.4 The Company may suspend or revoke API access where excessive usage, abuse or security concerns are identified.

26. Beta Features

26.1 From time to time, the Company may make available experimental, preview, alpha or beta features.

26.2 Beta Features are provided solely for evaluation purposes and may contain defects, interruptions or incomplete functionality.

26.3 The Company may modify or discontinue Beta Features at any time without liability.

26.4 Unless expressly stated otherwise, Beta Features are excluded from any service level commitments.

27. Service Improvements

The Company continuously develops and improves the Platform.

PART IV

CUSTOMER DATA, CONTENT AND DATA PROCESSING

28. Ownership of Customer Data

28.1 As between the Company and the Customer, the Customer shall retain all right, title and interest, including all intellectual property rights, in and to the Customer Data.

28.2 Nothing contained in these Terms shall operate to transfer ownership of Customer Data to the Company.

28.3 The Company acquires no proprietary rights in Customer Data except the limited rights expressly granted under these Terms for the purpose of providing, maintaining, securing and improving the Services in accordance with Applicable Laws.

29. Licence to Process Customer Data

29.1 The Customer grants the Company a worldwide, limited, non-exclusive, royalty-free licence during the Subscription Term to host, store, reproduce, transmit, analyse, process, modify (solely for technical purposes), display and otherwise use Customer Data strictly to the extent necessary to:

(a) provide the Services;

(b) perform AI-assisted processing requested by the Customer;

(d) provide customer support;

(e) perform backups;

(f) enhance security;

(g) detect fraud and abuse;

(h) comply with Applicable Laws; and

(i) fulfil the Company's contractual obligations.

29.2 The licence granted under this Clause automatically terminates upon deletion of the relevant Customer Data, subject to applicable retention obligations, backup procedures and Applicable Laws.

30. Customer Responsibilities

30.1 The Customer shall remain solely responsible for all Customer Data uploaded, imported, synchronised, transmitted or otherwise processed through the Platform.

30.2 The Customer represents and warrants that:

(a) it lawfully owns or controls the Customer Data;

(b) it possesses all necessary permissions, licences and legal authority to process such Customer Data;

(d) Customer Data does not infringe any third-party rights;

(e) Customer Data does not contain unlawful material; and

(f) all required notices and consents have been obtained.

30.3 The Company shall not be responsible for verifying the legality, completeness or accuracy of Customer Data.

31. Contact Lists and Recipient Information

31.1 Where the Customer uploads contact databases, mailing lists or prospect information, the Customer represents and warrants that such information has been collected and is processed in accordance with Applicable Laws governing privacy, electronic communications and marketing.

31.2 The Customer shall remain solely responsible for:

(a) obtaining any legally required consent;

(b) identifying an appropriate lawful basis for processing;

(d) honouring opt-out requests;

(e) maintaining data accuracy; and

(f) complying with all applicable anti-spam and electronic communications laws.

31.3 The Company does not verify the legality of any Customer contact database.

32. Email Communications

32.1 The Platform enables the transmission, receipt, organisation and analysis of business communications through Customer-connected email accounts.

32.2 The Customer remains solely responsible for all communications transmitted using the Platform.

32.3 The Company neither authors nor approves Customer communications and shall not be regarded as the sender of any communication initiated by the Customer.

33. AI Inputs and AI Outputs

33.1 The Customer may submit prompts, instructions, campaign materials, communications and other content for processing through AI-powered features. Such materials constitute Customer Data.

33.2 The Customer shall ensure that AI Inputs:

(a) are lawful;

(b) do not infringe third-party rights;

(d) comply with Applicable Laws; and

(e) are suitable for processing through artificial intelligence systems.

33.3 AI-generated outputs are produced algorithmically and may not always be accurate, complete or suitable for the Customer's intended purpose. The Customer shall independently review all AI Outputs before use.

34. Data Processing Roles

34.1 Where the Company processes Personal Data on behalf of the Customer in connection with the Services, the Company shall ordinarily act as a Data Processor or Service Provider, while the Customer shall act as the Data Controller, Business, or equivalent entity under Applicable Privacy Laws.

34.2 Where the Company independently determines the purposes and means of processing Personal Data for its own legitimate business operations, the Company shall act as an independent Data Controller to the extent permitted by Applicable Laws.

34.3 The respective obligations of the parties concerning Personal Data shall additionally be governed by the applicable Data Processing Agreement where executed.

35. Confidentiality of Customer Data

35.1 Confidentiality Obligation. Each Party may receive or have access to Confidential Information of the other Party in connection with the Services. Each receiving Party shall:

(a) use the disclosing Party's Confidential Information solely for the purposes of performing, receiving or exercising its rights and obligations under the Agreement;

(b) protect such Confidential Information using at least reasonable measures against unauthorised access, use or disclosure; and

(c) disclose such Confidential Information only to its employees, personnel, professional advisers, contractors and service providers who have a legitimate need to know such information and who are bound by confidentiality obligations no less protective than those contained in this Agreement.

35.2 Customer Data. To the extent Customer Data constitutes Confidential Information, the Company shall maintain its confidentiality and shall Process such Customer Data only in accordance with the Agreement, applicable instructions of the Customer and Applicable Data Protection Laws. The Parties acknowledge that not every item of Customer Data, including emails, contact lists, prompts, campaigns or other content, will necessarily constitute Confidential Information solely by virtue of its nature; confidentiality shall be determined in accordance with this Clause and the circumstances of disclosure.

35.3 Data Protection Compliance. The Company shall comply with Applicable Data Protection Laws in relation to its Processing of Personal Data and shall comply with the applicable data-protection obligations set out in the Agreement and the Data Processing Agreement.

35.4 Exclusions. The confidentiality obligations under this Clause shall not apply to information that the receiving Party can demonstrate:

(a) is or becomes publicly available through no breach of the Agreement or other wrongful act of the receiving Party;

(b) was lawfully in the receiving Party's possession before it was disclosed by the disclosing Party and was not subject to any confidentiality obligation;

(c) is independently developed by the receiving Party without use of or reference to the disclosing Party's Confidential Information; or

(d) is lawfully received from a third party that is not, to the receiving Party's knowledge, subject to a confidentiality obligation in respect of such information.

35.5 Required Disclosure. A receiving Party may disclose Confidential Information to the extent required by applicable law, regulation, court order or a competent governmental or regulatory authority. To the extent legally permitted, the receiving Party shall provide the disclosing Party with reasonable advance notice of such required disclosure and shall reasonably cooperate, at the disclosing Party's expense, with any lawful request to limit or protect the disclosure.

35.6 Permitted Internal Disclosure. A receiving Party may disclose Confidential Information to its affiliates, employees, officers, professional advisers, contractors and service providers where such disclosure is reasonably necessary for the purposes of the Agreement, provided that the receiving Party remains responsible for compliance with the confidentiality obligations applicable to such persons.

35.7 Return or Deletion. Upon termination or expiry of the Agreement, or upon reasonable written request where appropriate, each Party shall, subject to Applicable Law and legitimate record-retention requirements, return or securely delete the other Party's Confidential Information in its possession or control, except to the extent retention is required by law or such information remains contained in routine backup systems maintained in accordance with applicable retention practices.

35.8 Duration. The obligations under this Clause shall continue during the term of the Agreement and for five (5) years following its termination or expiry.

35.9 Trade Secrets. Notwithstanding Clause 35.8, any Confidential Information constituting a trade secret shall remain protected for so long as such information continues to qualify as a trade secret under Applicable Law.

35.10 No Implied Rights. Except as expressly provided in the Agreement, disclosure of Confidential Information does not grant the receiving Party any ownership, licence or other rights in or to the disclosing Party's Confidential Information or intellectual property.

36. Data Security

36.1 The Company shall maintain reasonable administrative, physical and technical safeguards designed to protect Customer Data, including, where appropriate:

(a) encryption;

(b) authentication controls;

(d) audit logging;

(e) vulnerability management;

(f) infrastructure monitoring;

(g) backup procedures; and

(h) incident response measures.

36.2 No method of electronic storage or internet transmission is completely secure. Accordingly, the Company cannot guarantee absolute security.

37. Data Retention

37.1 Customer Data shall generally remain available throughout the Subscription Term, subject to storage limits, Customer actions and Applicable Laws.

37.2 Following termination or expiration of the Subscription, the Company may retain Customer Data for a reasonable period:

(a) to facilitate account restoration where applicable;

(b) for backup purposes;

(d) to resolve disputes;

(e) to enforce these Terms; or

(f) as otherwise permitted by Applicable Laws.

37.3 Thereafter, Customer Data may be permanently deleted or anonymised in accordance with the Company's data retention policies.

38. Customer Data Export

Where technically available and subject to the applicable Subscription Plan, the Customer may export Customer Data using the export functionality made available through the Platform.

The Company reserves the right to prescribe reasonable technical limitations, formats and authentication requirements for such exports.

39. Data Deletion Requests

The Customer may request deletion of Customer Data in accordance with the Privacy Policy, the Data Processing Agreement and Applicable Privacy Laws.

The Company may retain information where retention is required by law, necessary for the establishment, exercise or defence of legal claims, required for security purposes or otherwise permitted by Applicable Laws.

40. Aggregated and De-Identified Information

Notwithstanding anything contained in these Terms, the Company may generate, use and retain aggregated, statistical, anonymised or de-identified information derived from Customer Data, provided that such information does not identify the Customer or any identifiable individual.

Such information may be used for:

(a) improving the Platform;

(b) enhancing AI capabilities;

(d) benchmarking;

(e) analytics;

(f) security improvements; and

(g) research and development.

41. Survival

The provisions relating to Customer Data, confidentiality, data protection, intellectual property, audit rights, dispute resolution, indemnification and limitations of liability shall survive the termination or expiration of these Terms to the extent necessary to give effect to their intended purpose.

PART V

CAMPAIGNS, COMMUNICATIONS AND REGULATORY COMPLIANCE

42. Customer-Controlled Communications

42.1 The Platform enables Customers to create, schedule, automate, transmit, receive, analyse and manage electronic communications through Customer-connected communication channels.

42.2 The Customer shall remain solely responsible for every communication initiated, transmitted, scheduled or otherwise distributed using the Platform, whether such communication is generated manually, automatically, or with the assistance of artificial intelligence.

42.3 The Company neither authors, approves, endorses nor verifies any communication transmitted by the Customer and shall not be regarded as the sender, publisher or originator of such communication.

43. Campaign Management

43.1 The Platform permits Customers to create and manage marketing, sales, customer engagement and business communication campaigns.

43.2 The Customer shall remain solely responsible for:

(a) campaign objectives;

(b) recipient selection;

(d) campaign frequency;

(e) communication content;

(f) automation rules;

(g) follow-up sequences;

(h) scheduling decisions; and

(i) compliance with Applicable Laws.

43.3 The Company does not guarantee that any Campaign will achieve particular commercial, marketing or sales outcomes.

44. AI-Generated Communications

44.1 The Platform may utilise artificial intelligence to assist in generating emails, subject lines, follow-up messages, summaries, recommendations and other business communications.

44.2 All AI-generated communications are produced solely at the Customer's request.

44.3 The Customer shall independently review AI-generated communications before transmission.

44.4 The Company makes no representation or warranty that AI-generated communications are:

(a) accurate;

(b) legally compliant;

(d) free from bias;

(e) suitable for a particular recipient; or

(f) appropriate for any specific business purpose.

44.5 The Customer bears sole responsibility for all communications ultimately transmitted through the Platform.

45. Lawful Use

45.1 The Customer shall use the Platform only for lawful business purposes.

45.2 Without limitation, the Customer shall comply with all Applicable Laws governing:

(a) privacy;

(b) electronic communications;

(d) consumer protection;

(e) advertising;

(f) intellectual property;

(g) cybersecurity;

(h) sanctions and export controls; and

(i) data protection.

45.3 The Customer acknowledges that legal requirements governing electronic communications differ between jurisdictions and agrees to ensure compliance in every jurisdiction where communications are sent or received.

46. Anti-Spam Compliance

46.1 The Customer shall ensure that all communications transmitted through the Platform comply with all Applicable Laws regulating unsolicited commercial communications, including, where applicable:

(a) the CAN-SPAM Act (United States);

(b) Canada's Anti-Spam Legislation (CASL);

(d) the ePrivacy framework and related legislation within the European Economic Area;

(e) the Digital Personal Data Protection Act, 2023 (India), where applicable;

(f) Australia's Spam Act 2003;

(g) Singapore's Spam Control Act; and

(h) any other applicable anti-spam or electronic communications legislation.

46.2 The Company neither determines nor verifies whether the Customer possesses a lawful basis to communicate with any recipient.

47. Contact Lists

47.1 The Customer warrants that every recipient included within a Campaign has been lawfully obtained and may lawfully receive communications under Applicable Laws.

47.2 The Customer shall maintain accurate suppression lists, unsubscribe records and recipient preferences.

47.3 The Customer shall promptly honour opt-out requests and ensure that recipients who withdraw consent or otherwise object to communications are removed from future Campaigns where required by Applicable Laws.

48. Sender Authentication

48.1 Where applicable, the Customer shall be responsible for configuring and maintaining appropriate email authentication mechanisms, including:

(a) SPF;

(b) DKIM;

(d) any successor authentication standards.

48.2 The Company may provide guidance regarding authentication but shall not be responsible for configuring or maintaining the Customer's domain infrastructure unless expressly agreed in writing.

49. Email Deliverability

49.1 The Company does not warrant that communications transmitted through the Platform will:

(a) reach recipients;

(b) avoid spam filters;

(d) achieve inbox placement;

(e) generate responses; or

(f) produce commercial results.

49.2 Deliverability may be affected by numerous factors outside the Company's reasonable control, including:

(a) recipient mail servers;

(b) sender reputation;

(d) domain reputation;

(e) content quality;

(f) third-party email providers;

(g) internet infrastructure; and

(h) recipient behaviour.

50. Monitoring and Abuse Prevention

50.1 To protect the integrity, security and reputation of the Platform, the Company may monitor usage patterns, sending volumes, system performance and other operational metrics.

50.2 The Company does not routinely review the substantive content of Customer communications except where reasonably necessary:

(a) to provide the Services;

(b) to investigate abuse;

(d) to protect Platform security; or

(e) where otherwise permitted by Applicable Laws.

50.3 The Company may impose reasonable sending limits, throttling mechanisms or temporary restrictions where necessary to protect the Platform or third-party infrastructure.

51. Suspension of Campaigns

51.1 The Company may suspend, delay or terminate any Campaign or Account where it reasonably believes that the Customer is:

(a) violating these Terms;

(b) engaging in unlawful activity;

(d) transmitting phishing communications;

(e) conducting fraudulent campaigns;

(f) infringing third-party rights;

(g) threatening Platform security;

(h) generating excessive complaints or abuse reports;

(i) materially harming sender reputation; or

(j) otherwise creating a significant legal, regulatory or operational risk.

51.2 Where reasonably practicable, the Company shall notify the Customer of such action and the reasons therefor.

52. No Agency

Nothing contained in these Terms shall be construed as creating any agency, partnership, joint venture or representative relationship between the Company and the Customer in relation to any Campaign or communication transmitted through the Platform. The Customer acts solely in its own name and on its own behalf.

53. Indemnity for Communications

The Customer shall defend, indemnify and hold harmless the Company, its Affiliates, directors, officers, employees and agents from and against any claims, proceedings, investigations, fines, penalties, losses, liabilities, damages, costs and expenses (including reasonable legal fees) arising out of or relating to:

(a) any Campaign conducted by the Customer;

(b) any communication transmitted through the Platform;

(d) violations of Applicable Laws;

(e) infringement of third-party rights;

(f) misuse of Customer contact databases; or

(g) any breach of this Part V by the Customer.

54. Reservation of Rights

Nothing in this Part shall obligate the Company to transmit, host or facilitate any communication that the Company reasonably believes may violate Applicable Laws, these Terms, the rights of third parties or the security, integrity or reputation of the Platform. The Company reserves the right to refuse, suspend or discontinue any such activity without incurring liability to the Customer.

PART VI

USER OBLIGATIONS, PLATFORM INTEGRITY AND ACCEPTABLE USE

55. General Obligations

55.1 The Customer shall access and use the Platform responsibly, lawfully, ethically and in accordance with these Terms, the Documentation and all Applicable Laws.

55.2 The Customer shall ensure that all Authorised Users comply with these Terms and shall remain fully responsible for all activities undertaken through its Account, Workspaces, API credentials and connected services.

55.3 The Customer shall use the Platform solely for legitimate business purposes and shall not use the Platform in any manner that could damage, disrupt, impair or adversely affect the Platform, the Company, other Customers or any third party.

56. Compliance with Applicable Laws

56.1 The Customer shall comply with all Applicable Laws relating to:

(a) privacy;

(b) data protection;

(d) consumer protection;

(e) intellectual property;

(f) cybersecurity;

(g) export control;

(h) sanctions;

(i) competition law;

(j) anti-corruption;

(k) anti-money laundering; and

(l) all other laws applicable to the Customer's use of the Platform.

56.2 The Company shall not be responsible for determining whether the Customer's intended use of the Platform complies with Applicable Laws.

57. Prohibited Activities

The Customer shall not, directly or indirectly:

(a) use the Platform for any unlawful, fraudulent or deceptive purpose;

(b) transmit malware, ransomware, spyware, viruses, worms or other malicious code;

(d) distribute unsolicited communications in violation of Applicable Laws;

(e) upload unlawful, defamatory, obscene, threatening, discriminatory or infringing content;

(f) interfere with the security, integrity or availability of the Platform;

(g) attempt to gain unauthorized access to the Platform, its infrastructure or any Account;

(h) interfere with other Customers' use of the Platform;

(i) circumvent technical limitations or security mechanisms;

(j) manipulate analytics, reporting or AI outputs for fraudulent purposes;

(k) exploit software vulnerabilities;

(l) overload, stress-test or otherwise impair Platform infrastructure without the Company's prior written consent;

(m) use the Platform to facilitate criminal activity; or

(n) otherwise misuse the Platform.

58. Ethical Use of Artificial Intelligence

58.1 The Customer shall use AI-powered functionalities responsibly and shall not knowingly use the Platform to generate, distribute or facilitate:

(a) fraudulent communications;

(b) deceptive or misleading content;

(d) misinformation or disinformation intended to deceive;

(e) malicious social engineering;

(f) unlawful discrimination;

(g) unlawful surveillance;

(h) harassment or abuse;

(i) content encouraging illegal activity; or

(j) any other use prohibited by Applicable Laws.

58.2 The Customer shall exercise appropriate human oversight over AI-generated outputs before using or distributing such outputs.

59. Intellectual Property Compliance

59.1 The Customer shall ensure that all content uploaded to or processed through the Platform:

(a) does not infringe copyrights;

(b) does not infringe trademarks;

(d) does not misappropriate trade secrets;

(e) does not violate contractual obligations; and

(f) does not otherwise infringe third-party intellectual property rights.

59.2 The Company shall not be responsible for verifying the ownership of Customer content.

60. Security Obligations

60.1 The Customer shall implement reasonable security measures appropriate to its use of the Platform.

60.2 Such measures shall include, where appropriate:

(a) strong password management;

(b) multi-factor authentication where available;

(d) timely software updates;

(e) protection of API credentials;

(f) user access management;

(g) prompt removal of former employees' access;

(h) periodic review of administrative privileges; and

(i) appropriate internal security policies.

60.3 The Customer shall immediately notify the Company upon becoming aware of any suspected security incident affecting the Platform or its Account.

61. Fair Use

61.1 The Customer shall use the Platform in a manner consistent with ordinary commercial use and the limitations of the applicable Subscription Plan.

61.2 The Customer shall not intentionally consume excessive computing resources, AI processing capacity, storage, bandwidth or other Platform resources in a manner that materially degrades the experience of other Customers.

61.3 The Company may implement reasonable rate limits, throttling mechanisms, storage limits or technical safeguards to ensure fair and efficient operation of the Platform.

62. Reverse Engineering and Restricted Conduct

Except to the extent expressly permitted by mandatory Applicable Laws, the Customer shall not:

(a) reverse engineer the Platform;

(b) decompile the Platform;

(d) attempt to discover source code;

(e) copy proprietary algorithms;

(f) circumvent licensing mechanisms;

(g) remove proprietary notices;

(h) create derivative works of the Platform;

(i) benchmark the Platform for competitive purposes without the Company's prior written consent; or

(j) use the Platform to develop or improve a competing product or service.

63. Automated Access and Scraping

The Customer shall not use robots, crawlers, spiders, scraping tools, automated scripts or similar technologies to access, monitor, extract or copy the Platform or its underlying data except through APIs expressly authorised by the Company.

64. Cooperation with Investigations

The Customer shall reasonably cooperate with the Company in investigating:

(a) security incidents;

(b) suspected fraud;

(d) violations of these Terms;

(e) legal or regulatory requests relating to the Customer's use of the Platform; and

(f) other activities reasonably affecting the security or integrity of the Platform.

Nothing in this Clause requires the Customer to waive legal privilege or disclose information protected by Applicable Laws.

65. Monitoring and Enforcement

65.1 The Company may monitor Platform operations, system performance, security events, usage metrics and technical information necessary to protect the Platform and provide the Services.

65.2 The Company does not undertake any general obligation to monitor Customer content or communications.

65.3 Where the Company reasonably believes that these Terms have been violated, it may take proportionate measures, including:

(a) issuing warnings;

(b) temporarily restricting functionality;

(d) disabling integrations;

(e) removing unlawful content where legally permitted;

(f) reporting unlawful activity to competent authorities where required by Applicable Laws; or

(g) terminating access in accordance with these Terms.

66. Reservation of Rights

The Company reserves the right to implement, modify or enhance reasonable technical, administrative or operational measures designed to protect the Platform, maintain service quality, comply with Applicable Laws and safeguard the interests of the Company, its Customers and third parties.

Such measures may include security controls, authentication requirements, fraud prevention mechanisms, AI safety controls, usage limitations, abuse detection systems and other safeguards reasonably necessary for the secure and reliable operation of the Platform.

PART VII

INTELLECTUAL PROPERTY RIGHTS, PROPRIETARY TECHNOLOGY AND FEEDBACK

67. Ownership of the Platform

67.1 The Platform, including its software, source code, object code, architecture, algorithms, artificial intelligence systems, machine learning models, databases, workflows, user interfaces, dashboards, APIs, documentation, designs, graphics, visual elements, layouts, reports, templates, trademarks, service marks, trade names, logos, domain names, know-how, trade secrets and all other proprietary technology forming part of the Services (collectively, the "Company Intellectual Property") are and shall remain the exclusive property of the Company and/or its licensors.

67.2 Nothing contained in these Terms shall operate as an assignment, transfer or conveyance of any ownership interest in the Company Intellectual Property.

67.3 The Customer acquires only the limited right to access and use the Platform during the applicable Subscription Term in accordance with these Terms.

68. Reservation of Rights

Except for the limited licence expressly granted under these Terms, the Company reserves all rights, title and interest in and to the Platform and the Company Intellectual Property.

No licence shall be implied by estoppel, implication or otherwise.

69. Customer Intellectual Property

69.1 The Customer retains all right, title and interest in and to:

(a) Customer Data;

(b) proprietary business information;

(d) logos;

(e) copyrighted material;

(f) confidential information;

(g) contact databases;

(h) campaign content;

(i) uploaded documents; and

(j) all other intellectual property owned or controlled by the Customer.

69.2 Nothing contained herein transfers ownership of Customer Intellectual Property to the Company.

70. AI Inputs

70.1 The Customer retains ownership of prompts, instructions, campaign materials, uploaded documents, communications and other content submitted to AI-powered Services.

70.2 The Customer grants the Company only such limited rights as are reasonably necessary to process such AI Inputs for providing the requested Services.

70.3 The Company shall not knowingly use identifiable Customer AI Inputs to train publicly available or shared artificial intelligence models unless:

(a) the Customer has expressly consented;

(b) Applicable Laws permit such processing; or

71. AI Outputs

71.1 Subject to Applicable Laws and the rights of third parties, the Company assigns to the Customer all right, title and interest, if any, that the Company may possess in AI-generated outputs created specifically for the Customer through the Platform.

71.2 The foregoing assignment shall not include:

(a) the Company's underlying software;

(b) AI models;

(d) prompts developed by the Company;

(e) system architecture;

(f) machine learning methodologies;

(g) training techniques;

(h) Documentation;

(i) pre-existing intellectual property; or

(j) any generic concepts, ideas, know-how or improvements developed

independently of the Customer's AI Outputs.

71.3 The Customer acknowledges that due to the probabilistic nature of artificial intelligence:

(a) similar outputs may be generated for different Customers;

(b) AI Outputs may not be unique; and

72. Platform Improvements

72.1 The Company may develop improvements, enhancements, upgrades, new features, artificial intelligence capabilities, workflows, templates, security mechanisms and other innovations based upon operational experience, aggregated information, anonymised analytics or general knowledge acquired during the provision of the Services.

72.2 Nothing contained in these Terms shall prevent the Company from independently developing products, services or technologies that are similar to those used by the Customer, provided that the Company does not improperly use or disclose the Customer's Confidential Information.

73. Feedback

73.1 The Customer may voluntarily provide comments, suggestions, recommendations, ideas, enhancement requests, bug reports or other feedback relating to the Platform ("Feedback").

73.2 The Customer hereby grants the Company a perpetual, worldwide, irrevocable, royalty-free, transferable and sublicensable licence to use, reproduce, modify, distribute, commercialise and otherwise exploit such Feedback for any lawful purpose without restriction or obligation to provide compensation.

73.3 The Company shall have no obligation to implement any Feedback.

74. Open-Source Software

74.1 Certain components of the Platform may incorporate or interact with open-source software distributed under separate licence terms.

74.2 Nothing contained in these Terms shall restrict the Customer's rights under the applicable open-source licences.

74.3 To the extent of any inconsistency, the applicable open-source licence shall govern only the relevant open-source component.

75. Third-Party Intellectual Property

75.1 The Platform may incorporate software, APIs, artificial intelligence technologies, trademarks or other intellectual property owned by third parties.

75.2 All such third-party intellectual property remains the property of its respective owners.

75.3 The Customer shall comply with all applicable licence terms governing such third-party technologies.

76. Restrictions on Use

The Customer shall not, directly or indirectly:

(a) copy, reproduce or duplicate the Platform except as expressly permitted by these Terms;

(b) modify or create derivative works of the Platform;

(d) reverse engineer, decompile or disassemble the Platform except where mandatory Applicable Laws expressly permit such activity;

(e) exploit the Platform to create competing software or services;

(f) sell, lease, rent, sublicense, assign or commercially exploit the Platform except as expressly authorised;

(g) use the Platform for competitive benchmarking without the Company's prior written consent; or

(h) use the Company's trademarks or branding without prior written authorisation.

77. Trademark Protection

77.1 All Company names, logos, trade names, product names, service marks, domain names and branding associated with the Platform constitute valuable intellectual property of the Company or its licensors.

77.2 Except as expressly authorised in writing, no Customer may use the Company's trademarks in advertising, promotional materials, domain names, social media accounts or any other public communications.

78. Copyright Complaints

78.1 The Company respects intellectual property rights and expects Customers to do likewise.

78.2 Any person who believes that material available through the Platform infringes their intellectual property rights may submit a written notice containing reasonable particulars of the alleged infringement.

78.3 Upon receipt of a valid complaint, the Company may investigate the matter and take such action as it reasonably considers appropriate, including restricting access to the allegedly infringing material where required by Applicable Laws.

79. Injunctive Relief

The Customer acknowledges that any unauthorized use, disclosure, reproduction or exploitation of the Company Intellectual Property may cause irreparable harm for which monetary damages may be an inadequate remedy.

Accordingly, the Company shall be entitled to seek injunctive relief, specific performance or any other equitable remedy available under Applicable Laws, in addition to any other legal or contractual remedies, without prejudice to its right to claim damages.

80. Survival

The provisions relating to intellectual property ownership, confidentiality, restrictions on use, feedback, injunctive relief, indemnification and all accrued rights shall survive the termination or expiration of these Terms to the extent necessary to give effect to their intended purpose.

PART VIII

SUBSCRIPTIONS, FEES, BILLING AND COMMERCIAL TERMS

81. Subscription Plans

81.1 Access to the Platform shall be provided in accordance with the Subscription Plan selected by the Customer and accepted by the Company.

81.2 Subscription Plans may differ based upon, among other things:

(a) the number of Authorised Users;

(b) Workspaces;

(d) email sending capacity;

(e) campaign limits;

(f) contact storage;

(g) analytics functionality;

(h) integrations;

(i) API access;

(j) storage capacity;

(k) customer support levels;

(l) enterprise functionality; and

(m) any other features specified by the Company.

81.3 The Company reserves the right to introduce, modify or discontinue Subscription Plans prospectively. Any such changes shall not materially reduce the core functionality of an active paid Subscription during its current billing cycle, except where required for legal compliance, security, or operational necessity.

82. Subscription Term

82.1 Each Subscription shall commence on the date specified in the applicable Order, Subscription confirmation or billing record and shall continue for the agreed Subscription Term unless earlier terminated in accordance with these Terms.

82.2 Subscriptions may be offered on a monthly, annual, multi-year or other billing basis as determined by the Company.

82.3 Unless expressly agreed otherwise in writing, a Subscription grants only a right to access and use the Platform during the applicable Subscription Term and does not confer any ownership interest in the Platform.

83. Fees

83.1 The Customer shall pay all applicable subscription fees, usage-based charges, taxes and other amounts specified under the applicable Subscription Plan.

83.2 All Fees are payable in the currency specified by the Company or as selected during the purchase process.

83.3 Unless expressly stated otherwise, all Fees are exclusive of applicable taxes, duties, levies, withholding taxes and governmental charges, which shall be borne by the Customer.

84. Billing and Payment

84.1 The Customer authorises the Company or its designated payment service providers to charge all applicable Fees using the payment method provided by the Customer.

84.2 The Customer shall ensure that its payment information remains accurate and valid throughout the Subscription Term.

84.3 Invoices shall be payable on the due date specified therein or, where no due date is specified, immediately upon issuance.

84.4 The Company may utilise third-party payment processors for billing and payment collection. Such processing shall be subject to the applicable terms and privacy policies of the relevant payment provider.

85. Automatic Renewals

85.1 Unless otherwise stated in an Order Form or Enterprise Agreement, paid Subscriptions may automatically renew for successive renewal periods equal to the immediately preceding Subscription Term.

85.2 The Company shall provide any renewal notices required by Applicable Laws.

85.3 The Customer may disable automatic renewal through the Platform or by providing notice in accordance with the Company's cancellation procedures before the commencement of the next renewal period.

86. Usage-Based Charges

86.1 Certain Services may be subject to usage-based pricing, including but not limited to:

(a) AI processing credits;

(b) API requests;

(d) storage;

(e) premium integrations;

(f) enterprise support;

(g) additional Workspaces; and

(h) any other metered Services identified by the Company.

86.2 The Customer acknowledges that usage-based charges may vary depending upon actual consumption.

86.3 The Company's system records shall constitute prima facie evidence of usage for billing purposes unless the Customer demonstrates a manifest error.

87. AI Credits

87.1 Where the Subscription includes AI usage credits, such credits may be consumed when utilising AI-powered functionalities.

87.2 Unused AI credits shall expire in accordance with the applicable Subscription Plan unless expressly stated otherwise.

87.3 AI credits:

(a) have no cash value;

(b) are non-transferable;

(d) may not be exchanged for money;

(e)credits consumed by a failed action are auto-restored to the balance;

(f) Purchased credits do not currently expire (If enforced by the company 12 month expiry) and

(g) may not be resold unless expressly authorised by the Company.

88. Taxes

88.1 The Customer shall be responsible for all applicable taxes, including value added tax (VAT), goods and services tax (GST), sales tax, use tax, withholding tax and similar governmental charges arising from the purchase or use of the Services, excluding taxes imposed on the Company's net income.

88.2 Where the Customer is legally required to deduct or withhold taxes from payments, the Customer shall provide appropriate documentation and shall cooperate with the Company to minimize any adverse tax consequences to the extent permitted by Applicable Laws.

89. Price Changes

89.1 The Company may revise Fees prospectively.

89.2 Price revisions shall not apply to an existing prepaid Subscription during its current billing cycle unless otherwise agreed in writing or required by Applicable Laws.

89.3 Any revised pricing shall apply upon the commencement of the next renewal period.

90. Refund Policy

90.1 Except where expressly provided by these Terms, an applicable Order Form, or mandatory Applicable Laws, all Fees paid are final and non-refundable.

90.2 No refunds shall ordinarily be provided for:

(a) partial Subscription periods;

(b) unused Services;

(d) reductions in usage;

(e) Customer inactivity;

(f) Account suspension resulting from the Customer's breach of these Terms; or

(g) termination initiated by the Customer after commencement of the Subscription Term.

90.3 Nothing in this Clause limits any non-excludable rights or remedies available under mandatory consumer protection laws.

91. Failed Payments

91.1 Where payment cannot be successfully processed, the Company may:

(a) re-attempt collection;

(b) temporarily suspend access;

(d) restrict premium functionality;

(e) impose reasonable administrative charges where permitted by Applicable Laws; or

(f) terminate the Subscription for continued non-payment.

91.2 The Customer shall remain liable for all outstanding amounts accrued before termination or suspension.

92. Suspension for Non-Payment

The Company may suspend access to all or part of the Platform where undisputed Fees remain unpaid beyond the applicable payment period, provided that the Company has given reasonable prior notice where commercially practicable.

Suspension shall not relieve the Customer of its obligation to pay all outstanding amounts.

93. Promotional Offers

93.1 From time to time, the Company may offer discounts, promotional pricing, free trials, referral benefits, coupons or other promotional incentives.

93.2 Unless expressly stated otherwise:

(a) promotional offers are temporary;

(b) may be withdrawn at any time;

(d) shall not establish any continuing entitlement to discounted pricing.

94. Enterprise Agreements

Where the Customer has entered into an Enterprise Subscription Agreement, Master Services Agreement or negotiated commercial arrangement with the Company, the commercial provisions contained in such agreement shall prevail over this Part VIII to the extent of any inconsistency.

95. Collection Costs

The Customer shall reimburse the Company for all reasonable costs incurred in recovering overdue amounts, including reasonable legal fees, collection agency fees and court costs, to the extent permitted by Applicable Laws.

96. No Set-Off

Except where prohibited by Applicable Laws or finally determined by a court of competent jurisdiction, the Customer shall make all payments due under these Terms without deduction, withholding, counterclaim or set-off.

97. Audit of Usage

Where the Subscription is based upon usage metrics, user counts, licences or other measurable criteria, the Company may, upon reasonable notice and during normal business hours, verify compliance with the applicable Subscription Plan through reasonable technical or documentary means.

Any audit shall be conducted in a manner that minimises disruption to the Customer's business and respects the confidentiality of the Customer's information.

98. Survival

The provisions relating to payment obligations, outstanding Fees, taxes, collection costs, audit rights, limitations of liability, dispute resolution and any accrued rights or obligations shall survive the expiration or termination of these Terms to the extent necessary to give effect to their intended purpose.

PART IX

REPRESENTATIONS, WARRANTIES, DISCLAIMERS AND SERVICE COMMITMENTS

99. Mutual Representations and Warranties

99.1 Each Party represents and warrants that:

(a) it is duly organised, validly existing and in good standing under the laws of its jurisdiction, where applicable;

(b) it possesses full legal authority and capacity to enter into and perform its obligations under these Terms;

(d) these Terms constitute valid and binding obligations enforceable against such Party in accordance with their terms, subject to applicable bankruptcy, insolvency and equitable principles; and

(e) it shall comply with all Applicable Laws in connection with the performance of its obligations under these Terms.

100. Company's Limited Warranty

100.1 The Company warrants that, during the applicable Subscription Term, it shall use commercially reasonable efforts to provide the Platform in a professional and workmanlike manner substantially consistent with the Documentation.

100.2 The Company further warrants that it shall implement commercially reasonable technical and organisational measures designed to protect the security and integrity of the Platform.

100.3 The remedies expressly provided in these Terms constitute the Customer's exclusive remedies for any breach of the limited warranty contained in this Clause.

101. Customer Warranties

101.1 The Customer represents and warrants that:

(a) it possesses all necessary rights, licences, permissions and lawful authority to use the Platform;

(b) it lawfully owns or controls all Customer Data processed through the Platform;

(d) its use of the Platform complies with Applicable Laws;

(e) it shall maintain appropriate internal security controls; and

(f) it shall not use the Platform for unlawful or prohibited purposes.

101.2 The Customer further warrants that all communications transmitted through the Platform have been authorised in accordance with Applicable Laws governing privacy, electronic communications and marketing.

102. AI Disclaimer

102.1 The Customer acknowledges that the Platform incorporates artificial intelligence technologies that generate probabilistic outputs based upon patterns identified by computational models.

102.2 Accordingly, the Company does not warrant that AI-generated outputs shall:

(a) be accurate;

(b) be complete;

(d) be suitable for any particular purpose;

(e) comply with Applicable Laws;

(f) be commercially effective;

(g) be unique; or

(h) satisfy the Customer's specific expectations.

102.3 The Customer shall independently review and validate all AI-generated outputs before relying upon or distributing such outputs.

103. Third-Party Services Disclaimer

103.1 The Platform may integrate with third-party services including email providers, artificial intelligence providers, cloud infrastructure providers, payment processors, customer relationship management systems and other external technologies.

103.2 The Company neither owns nor controls such Third-Party Services.

103.3Accordingly, the Company does not warrant:

(a) the continued availability of Third-Party Services;

(b) uninterrupted interoperability;

(d) the security of third-party infrastructure; or

(e) changes implemented by third-party providers.

104. Availability Disclaimer

104.1 The Company shall use commercially reasonable efforts to maintain the availability of the Platform.

104.2 However, uninterrupted availability cannot be guaranteed.

104.3 Service interruptions may occur due to:

(a) scheduled maintenance;

(b) emergency maintenance;

(d) failures of cloud infrastructure;

(e) cybersecurity incidents;

(f) failures of third-party providers;

(g) governmental actions;

(h) force majeure events; or

(i) other circumstances beyond the Company's reasonable control.

105. Business Results Disclaimer

The Company provides software tools designed to assist Customers in managing business communications and sales workflows.

The Company does not guarantee:

(a) increased sales;

(b) improved conversion rates;

(d) lead generation;

(e) customer engagement;

(f) response rates;

(g) email deliverability;

(h) inbox placement;

(i) return on investment; or

(j) any other commercial outcome.

Business results depend upon numerous factors beyond the Company's reasonable control, including the Customer's products, services, marketing strategy, recipient behaviour, market conditions and regulatory environment.

106. Disclaimer of Warranties

106.1 Except as expressly provided in these Terms and to the fullest extent permitted by Applicable Laws, the Platform and all Services are provided on an "AS IS", "AS AVAILABLE" and "WITH ALL FAULTS" basis.

106.2 The Company expressly disclaims all other warranties, representations and conditions, whether express, implied, statutory or otherwise, including any implied warranties of:

(a) merchantability;

(b) satisfactory quality;

(d) non-infringement;

(e) uninterrupted operation;

(f) accuracy;

(g) reliability; and

(h) compatibility with the Customer's particular business requirements.

106.3 Nothing contained in these Terms excludes warranties that cannot lawfully be excluded under Applicable Laws.

107. Security Commitment

107.1 The Company is committed to maintaining appropriate administrative, physical and technical safeguards designed to protect the confidentiality, integrity and availability of the Platform.

107.2 However, no software system, cloud environment or method of electronic transmission can be guaranteed to be completely secure.

107.3 Accordingly, while the Company employs commercially reasonable security measures, it cannot guarantee absolute protection against unauthorised access, cyber-attacks, data loss or other security incidents.

108. Continuous Improvement

The Customer acknowledges that the Platform is a continuously evolving software service.

Accordingly, the Company may, acting in good faith:

(a) improve existing functionality;

(b) introduce new AI capabilities;

(d) optimise workflows;

(e) enhance security controls;

(f) update integrations;

(g) improve infrastructure;

(h) modify Documentation; and

(i) otherwise develop the Platform,

provided that such changes do not materially deprive the Customer of the core functionality of its active Subscription, except where required for security, legal compliance or operational necessity.

109. Survival

The provisions relating to warranties, disclaimers, limitations on warranties, intellectual property, confidentiality, payment obligations, dispute resolution and all accrued rights shall survive the termination or expiration of these Terms to the extent necessary to give effect to their intended purpose.

PART X

CONFIDENTIALITY, LIABILITY, TERMINATION, DISPUTE RESOLUTION AND GENERAL PROVISIONS

110. Confidential Information

110.1 For the purposes of these Terms, "Confidential Information" means all non-public information disclosed by one Party ("Disclosing Party") to the other Party ("Receiving Party"), whether orally, electronically, visually or in writing, that is designated as confidential or that reasonably should be understood to be confidential by its nature.

110.2 Confidential Information includes, without limitation:

(a) software;

(b) source code;

(d) artificial intelligence models;

(e) algorithms;

(f) APIs;

(g) technical documentation;

(h) pricing information;

(i) business strategies;

(j) customer lists;

(k) security architecture;

(l) product roadmaps;

(m) financial information;

(n) trade secrets;

(o) Customer Data; and

(p) any other proprietary business information.

110.3 Confidential Information shall not include information that:

(a) is or becomes publicly available through no breach of these Terms;

(b) was lawfully known to the Receiving Party before disclosure;

(d) is lawfully obtained from a third party without a duty of confidentiality.

111. Confidentiality Obligations

111.1 The Receiving Party shall:

(a) use Confidential Information solely for the purposes of performing these Terms;

(b) protect Confidential Information using at least the same degree of care that it applies to its own confidential information, and in no event less than a reasonable standard of care;

(c) restrict access to personnel, contractors and professional advisers who have a legitimate need to know and who are bound by confidentiality obligations no less protective than those contained herein; and

(d) not disclose Confidential Information to any third party except as expressly permitted by these Terms or required by Applicable Laws.

111.2 Where disclosure is required by Applicable Laws, court order or lawful governmental request, the Receiving Party shall, to the extent legally permitted, provide the Disclosing Party with prompt notice and reasonably cooperate in seeking confidential treatment or other protective measures.

112. Indemnification by the Customer

112.1 The Customer shall defend, indemnify and hold harmless the Company, its Affiliates, directors, officers, employees, contractors and agents from and against any claims, demands, actions, proceedings, investigations, liabilities, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or relating to:

(a) the Customer's breach of these Terms;

(b) Customer Data;

(d) infringement or alleged infringement of third-party intellectual property rights by Customer Data or Customer-generated content;

(e) violation of Applicable Laws by the Customer or its Authorised Users;

(f) misuse of the Platform; or

(g) the negligence, fraud or wilful misconduct of the Customer or its Authorised Users.

113. Indemnification by the Company

113.1 Subject to the limitations set forth in these Terms, the Company shall defend the Customer against any third-party claim alleging that the Platform, as provided by the Company and used in accordance with these Terms, directly infringes a registered copyright, patent or trademark, and shall indemnify the Customer against any damages finally awarded by a court of competent jurisdiction or agreed in an approved settlement, provided that the Customer:

(a) promptly notifies the Company of the claim;

(b) grants the Company sole control of the defence and settlement;

(d) does not admit liability or settle the claim without the Company's prior written consent.

113.2 This indemnity shall not apply to claims arising from:

(a) Customer Data;

(b) Customer modifications;

(d) use of the Platform contrary to these Terms or Documentation; or

(e) continued use after notice of an alleged infringement where a reasonable alternative has been made available.

113.3 If the Platform becomes, or is likely to become, the subject of an infringement claim, the Company may, at its option:

(a) procure the right for the Customer to continue using the Platform;

(b) modify or replace the affected functionality so that it becomes non-infringing while substantially preserving its functionality; or

(c) terminate the affected Services and refund any prepaid Fees attributable to the unused portion of the affected Subscription.

The remedies in this Clause constitute the Customer's exclusive remedies, and the Company's entire liability, for third-party intellectual property infringement claims relating to the Platform.

114. Limitation of Liability

114.1 To the fullest extent permitted by Applicable Laws, neither Party shall be liable to the other for any indirect, incidental, consequential, special, exemplary or punitive damages, including loss of profits, loss of revenue, loss of goodwill, loss of anticipated savings, business interruption, loss of business opportunities or loss or corruption of data, whether arising in contract, tort (including negligence), strict liability or otherwise, even if advised of the possibility of such damages.

114.2 Subject to Clauses 114.3 and 114.4, the aggregate liability of the Company arising out of or relating to these Terms shall not exceed the total Fees actually paid by the Customer to the Company under these Terms during the twelve (12) months immediately preceding the event giving rise to the claim.

114.3 The limitations contained in this Clause shall not apply to liability arising from:

(a) fraud or fraudulent misrepresentation;

(b) wilful misconduct;

(d) obligations expressly assumed under Clause 113 (Company Indemnification); or

(e) any other liability that cannot be excluded or limited under Applicable Laws.

114.4 Nothing in these Terms limits the Customer's obligation to pay Fees lawfully due and payable under Part VIII.

115. Force Majeure

Neither Party shall be liable for any delay or failure in performing its obligations under these Terms (other than payment obligations) to the extent such delay or failure results from events beyond its reasonable control, including natural disasters, pandemics, epidemics, war, terrorism, civil unrest, labour disputes, governmental actions, sanctions, interruption of telecommunications or internet services, cloud infrastructure failures, utility outages, cyber-attacks of a widespread nature or other force majeure events.

The affected Party shall use commercially reasonable efforts to mitigate the effects of such event and resume performance as soon as reasonably practicable.

116. Suspension and Termination

116.1 The Company may suspend or terminate the Customer's access to the Platform immediately where:

(a) the Customer materially breaches these Terms;

(b) the Customer fails to remedy a remediable breach within a reasonable period after receiving notice;

(d) the Customer engages in unlawful, fraudulent or abusive conduct;

(e) continued access presents a material security, legal or operational risk; or

(f) suspension or termination is otherwise required by Applicable Laws.

116.2 The Customer may terminate these Terms by discontinuing use of the Platform and cancelling its Subscription in accordance with the applicable cancellation procedures. Such termination shall not relieve the Customer of any accrued payment obligations.

116.3 Either Party may terminate these Terms immediately upon written notice if the other Party:

(a) becomes insolvent;

(b) enters liquidation (other than for a solvent restructuring);

(d) ceases to carry on business in the ordinary course.

117. Effect of Termination

Termination or expiration of these Terms shall:

(a) terminate the Customer's licence to access and use the Platform;

(b) require the Customer to cease all use of the Platform;

(d) not relieve the Customer of its obligation to pay any Fees accrued prior to termination; and

(e) be without prejudice to any provision that by its nature is intended to survive termination.

Subject to the Privacy Policy, the Data Processing Agreement and Applicable Laws, the Company shall handle Customer Data following termination in accordance with its documented data retention and deletion practices.

118. Governing Law

These Terms shall be governed by and construed in accordance with the laws of India, without regard to its conflict of laws principles.

Nothing in this Clause limits the application of mandatory laws that cannot lawfully be excluded in the jurisdiction applicable to a particular Customer.

119. Dispute Resolution

119.1 The Parties shall endeavour to resolve any dispute, controversy or claim arising out of or relating to these Terms through good-faith negotiations.

119.2 If the dispute is not resolved within thirty (30) days of written notice, it shall be referred to and finally resolved by arbitration in accordance with the Arbitration and Conciliation Act, 1996, as amended.

119.3 The arbitration shall be conducted by a sole arbitrator mutually appointed by the Parties. If the Parties fail to agree upon the appointment within thirty (30) days, the arbitrator shall be appointed in accordance with the Arbitration and Conciliation Act, 1996.

119.4 The seat and venue of arbitration shall be New Delhi, India.

119.5 The arbitration proceedings shall be conducted in the English language.

119.6 The arbitral award shall be final and binding upon the Parties and may be enforced by any court of competent jurisdiction.

119.7 Nothing in this Clause prevents either Party from seeking interim, conservatory or injunctive relief from the competent courts at New Delhi, India, including relief under Sections 9, 11, 14, 27, 34 and 36 of the Arbitration and Conciliation Act, 1996, where applicable.

120. Export Control and Sanctions

The Customer shall comply with all applicable export control, trade sanctions and economic embargo laws. The Customer shall not use the Platform in any manner that would cause the Company to violate such laws, nor permit access by persons or entities subject to applicable sanctions or restrictions.

121. Assignment

The Customer shall not assign, transfer, novate or otherwise dispose of any rights or obligations under these Terms without the Company's prior written consent, which shall not be unreasonably withheld where appropriate.

The Company may assign or transfer these Terms in connection with a merger, acquisition, corporate re-organization or sale of substantially all of its assets, provided that such assignment does not materially diminish the Customer's rights under these Terms.

122. Entire Agreement

These Terms, together with any applicable Order Form, Enterprise Agreement, Privacy Policy, Data Processing Agreement, Service Level Agreement, Information Security Policy and other documents expressly incorporated by reference, constitute the entire agreement between the Parties concerning the subject matter hereof and supersede all prior discussions, negotiations, representations and agreements relating thereto.

123. Severability

If any provision of these Terms is held to be invalid, illegal or unenforceable by a court or tribunal of competent jurisdiction, such provision shall be modified to the minimum extent necessary to render it valid and enforceable. The remaining provisions shall remain in full force and effect.

124. No Waiver

No failure or delay by either Party in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. Any waiver shall be effective only if made in writing and signed by the Party granting the waiver.

125. Relationship of the Parties

Nothing contained in these Terms shall be construed as creating a partnership, joint venture, agency, fiduciary relationship, employment relationship or franchise between the Parties. Each Party acts as an independent contractor.

126. Notices

All notices required under these Terms shall be in writing and may be delivered by electronic mail, recognised courier service, registered post or through the Platform where such functionality is provided.

A notice shall be deemed received:

(a) in the case of email, when transmission is not rejected by the sender's mail server;

(b) in the case of courier or registered post, upon recorded delivery; or

127. Survival

Any provision which by its nature is intended to survive termination or expiration of these Terms, including provisions relating to confidentiality, intellectual property, payment obligations, indemnification, limitation of liability, dispute resolution, governing law, audit rights and data handling, shall survive and remain enforceable.

PART XI

PRIVACY, DATA PROTECTION, INFORMATION SECURITY AND AI GOVERNANCE

128. Privacy

128.1 The Company recognises the importance of protecting Personal Data and is committed to processing such information in accordance with Applicable Privacy Laws.

128.2 The Company's collection, use, disclosure, storage and other processing of Personal Data shall be governed by the Company's Privacy Policy, as amended from time to time, which is incorporated into these Terms by reference.

128.3 By using the Platform, the Customer acknowledges that it has read and understood the Privacy Policy.

129. Data Protection

129.1 Where the Company processes Personal Data on behalf of the Customer while providing the Services, the Company shall process such Personal Data only in accordance with:

(a) these Terms;

(b) the applicable Data Processing Agreement;

(d) Applicable Privacy Laws.

129.2 Nothing contained in these Terms shall require the Company to process Personal Data in a manner inconsistent with Applicable Privacy Laws.

130. Roles of the Parties

130.1 Except where otherwise expressly stated, the Customer acknowledges that:

(a) the Customer ordinarily acts as the Data Controller, Business or equivalent entity responsible for determining the purposes and means of processing Personal Data; and

(b) the Company ordinarily acts as a Data Processor, Service Provider or equivalent entity solely for the purpose of providing the Services.

130.2 Where the Company independently determines the purposes and means of processing Personal Data for its own legitimate business operations, including account administration, billing, fraud prevention, security monitoring, legal compliance and product administration, the Company shall act as an independent Data Controller to the extent permitted by Applicable Privacy Laws.

131. Customer Responsibilities

131.1 The Customer shall be solely responsible for ensuring that:

(a) Personal Data uploaded to the Platform has been lawfully collected;

(b) an appropriate lawful basis for processing exists;

(d) all legally required consents have been obtained where applicable;

(e) Data Subject rights are respected; and

(f) its use of the Platform complies with Applicable Privacy Laws.

131.2 The Company shall not be responsible for verifying the legality of the Customer's collection or use of Personal Data.

132. Information Security

132.1 The Company shall maintain commercially reasonable administrative, technical and organizational safeguards designed to protect the confidentiality, integrity and availability of the Platform and Customer Data.

132.2 Such safeguards may include, where appropriate:

(a) encryption in transit and at rest where technically feasible;

(b) role-based access controls;

(d) security monitoring;

(e) audit logging;

(f) vulnerability management;

(g) backup procedures;

(h) disaster recovery planning;

(i) incident response procedures; and

(j) periodic security assessments.

132.3 The Company may modify its security measures from time to time to reflect technological developments, emerging threats and industry best practices.

133. Security Incidents

133.1 The Company shall maintain reasonable procedures for detecting, investigating and responding to Security Incidents affecting the Platform.

133.2 Where required by Applicable Privacy Laws or contractual obligations, the Company shall notify the Customer of a confirmed Security Incident involving Customer Personal Data without undue delay after becoming aware of such incident.

133.3 The Customer acknowledges that no information security programme can eliminate every risk, and the Company does not warrant that Security Incidents will never occur.

134. Artificial Intelligence Governance

134.1 The Platform incorporates artificial intelligence technologies to assist Customers in generating content, analysing communications, automating workflows, providing recommendations and enhancing operational efficiency.

134.2 Artificial intelligence functionalities are intended to assist Users and are not intended to replace independent human judgment.

134.3 The Customer shall exercise appropriate human oversight over all AI-generated outputs before relying upon or distributing such outputs.

135. AI Processing

135.1 Where AI-powered functionalities process Customer Data or Personal Data, such processing shall be undertaken solely for providing the Services requested by the Customer and for other purposes permitted under these Terms, the Privacy Policy and Applicable Privacy Laws.

135.2 The Company shall implement reasonable safeguards designed to reduce the risk of unauthorised disclosure or misuse of AI Inputs and AI Outputs.

136. AI Limitations

136.1The Customer acknowledges that AI-generated outputs:

(a) may contain factual inaccuracies;

(b) may be incomplete;

(d) may produce inconsistent results;

(e) may not satisfy legal or regulatory requirements; and

(f) should not be treated as professional legal, financial, medical or other regulated advice.

136.2 The Customer remains solely responsible for independently reviewing AI-generated outputs before using them for commercial or operational purposes.

137. Third-Party AI Providers

137.1 The Platform may utilise artificial intelligence technologies provided by third-party providers.

137.2 The Company may replace, update or modify such providers where reasonably necessary for security, performance, legal compliance, operational efficiency or commercial reasons.

137.3 Where Customer Data is processed by third-party AI providers on behalf of the Company, the Company shall use commercially reasonable efforts to ensure that such providers are contractually required to implement appropriate confidentiality and security measures consistent with Applicable Privacy Laws.

138. Cross-Border Processing

138.1 The Customer acknowledges that the Company, its Affiliates and authorised subprocessors may process Customer Data in jurisdictions outside the Customer's country of residence where necessary for providing the Services.

138.2 Where cross-border transfers of Personal Data occur, the Company shall implement appropriate safeguards as required by Applicable Privacy Laws.

139. Audit and Compliance

139.1 Where required by an applicable Enterprise Agreement or Data Processing Agreement, the Company may make available reasonable information demonstrating compliance with its contractual data protection obligations.

139.2 Any audit or inspection requested by the Customer shall:

(a) be conducted upon reasonable prior notice;

(b) occur during normal business hours;

(d) be subject to appropriate confidentiality obligations; and

(e) be limited to information reasonably necessary to verify compliance.

140. Reservation of Rights

Nothing contained in this Part XI shall prevent the Company from implementing new privacy, security or AI governance measures where reasonably necessary to:

(a) comply with Applicable Laws;

(b) respond to regulatory guidance;

(d) address emerging cybersecurity threats;

(e) improve responsible AI practices; or

(f) maintain the integrity, availability and reliability of the Platform.

141. Survival

The provisions relating to privacy, confidentiality, information security, data protection, AI governance, audit rights and all obligations which by their nature are intended to survive termination shall continue in full force and effect after the expiration or termination of these Terms to the extent necessary to give effect to their intended purpose.

PART XII

REGULATORY COMPLIANCE, EXPORT CONTROLS, SANCTIONS AND ETHICAL BUSINESS PRACTICES

142. Compliance with Applicable Laws

142.1 Each Party shall comply with all Applicable Laws in connection with the performance of its rights and obligations under these Terms.

142.2 The Customer shall be solely responsible for ensuring that its access to and use of the Platform complies with all Applicable Laws applicable to its business, industry, jurisdiction and intended use of the Services.

142.3 Nothing contained in these Terms shall require the Company to provide any Service where doing so would violate Applicable Laws.

143. Export Controls

143.1 The Platform, software, Documentation, artificial intelligence technologies and related technical information may be subject to export control, re-export control and import laws of various jurisdictions.

143.2 The Customer shall not:

(a) export;

(b) re-export;

(d) make available; or

(e) permit access to,

the Platform or any part thereof in violation of Applicable export control laws.

143.3 The Customer represents and warrants that it is not located in, organised under the laws of, or ordinarily resident in any country or territory subject to comprehensive trade restrictions applicable to the Company.

144. Trade Sanctions

144.1 The Customer represents and warrants that neither it nor, to the best of its knowledge, any of its beneficial owners, directors or controlling persons is:

(a) designated on any applicable governmental sanctions list that would prohibit the Company from providing the Services;

(b) owned or controlled by any sanctioned person to the extent prohibited by Applicable Laws; or

144.2 The Customer shall immediately notify the Company if any representation made under this Clause becomes inaccurate.

144.3 The Company may suspend or terminate access to the Platform where reasonably necessary to comply with Applicable sanctions or export control laws.

145. Anti-Bribery and Anti-Corruption

145.1 Each Party shall comply with all Applicable anti-bribery and anti-corruption laws.

145.2 Neither Party shall, directly or indirectly:

(a) offer;

(b) promise;

(d) give;

(e) solicit; or

(f) accept,

any unlawful payment, bribe, kickback or other improper advantage in connection with these Terms.

145.3 The Customer shall not use the Platform to facilitate bribery, corruption, unlawful influence or any other improper business practice.

146. Anti-Money Laundering

The Customer shall not use the Platform in connection with money laundering, terrorist financing or any other activity prohibited under Applicable anti-money laundering legislation.

The Company reserves the right to suspend or terminate Services where it reasonably believes that continued provision of the Services could expose the Company to liability under Applicable anti-money laundering laws.

147. Human Rights and Ethical Business Conduct

147.1 The Company is committed to conducting its business in accordance with internationally recognized principles of ethical business conduct and respect for human rights.

147.2 The Customer shall not knowingly use the Platform to facilitate:

(a) human trafficking;

(b) forced labour;

(d) unlawful discrimination;

(e) organised crime;

(f) terrorism;

(g) unlawful exploitation of vulnerable persons; or

(h) any other activity prohibited under Applicable Laws.

148. Responsible Use of Artificial Intelligence

148.1 The Customer acknowledges that artificial intelligence technologies should be deployed responsibly, transparently and with appropriate human oversight.

148.2 The Customer shall not knowingly use the Platform's AI capabilities to:

(a) impersonate another person or organisation with intent to deceive;

(b) generate fraudulent business communications;

(d) facilitate phishing, identity theft or social engineering attacks;

(e) unlawfully discriminate against individuals or groups;

(f) generate malicious software or code intended to cause harm;

(g) circumvent Applicable Laws; or

(h) otherwise engage in unlawful or unethical conduct.

148.3 The Customer remains solely responsible for all decisions made on the basis of AI-generated outputs.

149. Regulatory Cooperation

149.1 The Company may cooperate with competent governmental authorities, courts, regulators and law enforcement agencies where required by Applicable Laws.

149.2 Where legally permitted, the Company shall use commercially reasonable efforts to notify the affected Customer before disclosing Customer information in response to a compulsory legal request.

149.3 Nothing in these Terms shall require the Company to disclose information protected by legal privilege or other legally recognised protections.

150. Compliance Audits

150.1 Where required by Applicable Laws, a regulatory authority, or a separately executed Enterprise Agreement, the Company may request reasonable information from the Customer to verify compliance with these Terms.

150.2 Any such request shall be limited to information reasonably necessary for the relevant compliance purpose and shall be handled in accordance with applicable confidentiality obligations.

151. Changes in Law

151.1 The Parties acknowledge that laws governing artificial intelligence, privacy, cybersecurity, electronic communications and digital services continue to evolve.

151.2 The Company may make reasonable modifications to the Platform, the Services or these Terms where necessary to comply with changes in Applicable Laws or binding regulatory guidance.

151.3 Where a change in law materially affects the provision or use of the Services, the Parties shall cooperate in good faith to implement reasonable measures necessary to maintain legal compliance.

152. Survival

The provisions of this Part XII relating to regulatory compliance, export controls, sanctions, anti-corruption, anti-money laundering, responsible AI, regulatory cooperation and all related obligations shall survive the expiration or termination of these Terms to the extent necessary to satisfy Applicable Laws or to protect the legitimate interests of the Parties.

PART XIII

FINAL PROVISIONS

153. Interpretation

153.1 Unless the context otherwise requires:

(a) words importing the singular include the plural and vice versa;

(b) words importing any gender include every gender;

(d) headings are inserted solely for convenience and shall not affect interpretation;

(e) references to statutes include amendments, re-enactments and subordinate legislation made thereunder; and

(f) references to writing include electronic communications unless prohibited by Applicable Laws.

153.2 No rule of construction shall apply against either Party merely because that Party drafted or proposed any provision of these Terms.

154. Electronic Contract Formation

154.1 The Customer acknowledges that these Terms constitute an electronic contract.

154.2 By:

(a) creating an Account;

(b) clicking "Accept", "Agree", "Continue" or any similar electronic confirmation;

(d) executing an Order Form electronically,

the Customer agrees to be legally bound by these Terms.

154.3 The Parties agree that electronic records and electronic signatures shall have the same legal effect as handwritten signatures to the fullest extent permitted by Applicable Laws.

155. Electronic Communications

155.1 The Customer consents to receive notices, disclosures, invoices, updates and other communications electronically.

155.2 Electronic communications may be provided through:

(a) email;

(b) the Platform;

(d) in-application notifications; or

(e) any other electronic means designated by the Company.

155.3 Electronic communications shall satisfy any legal requirement that such communications be in writing, to the extent permitted by Applicable Laws.

156. Language

These Terms are drafted in the English language.

If these Terms are translated into any other language, the English version shall prevail in the event of any inconsistency, unless mandatory Applicable Laws require otherwise.

157. Amendments

157.1 The Company may amend these Terms from time to time to:

(a) reflect changes in Applicable Laws;

(b) improve the Services;

(d) implement new functionality;

(e) reflect changes in business operations; or

(f) address other legitimate business needs.

157.2 Where required by Applicable Laws, the Company shall provide reasonable notice of material amendments.

157.3 Continued access to or use of the Platform after the effective date of an amendment constitutes acceptance of the revised Terms, unless Applicable Laws require express acceptance.

158. Publicity

158.1 Unless otherwise agreed in writing, neither Party shall issue any public statement implying endorsement, partnership or sponsorship by the other Party.

158.2 The Company may identify the Customer as a customer in marketing materials, customer lists or case studies only with the Customer's prior written consent, except where such identification is otherwise permitted by Applicable Laws or a separately executed agreement.

159. Independent Survival

If any provision of these Terms survives termination by its nature or express wording, such provision shall continue in full force and effect notwithstanding the expiration or termination of these Terms.

160. Contact Information

160.1 Questions regarding these Terms, legal notices or contractual matters may be directed to the Company using the contact information published on the Platform or otherwise notified to Customers from time to time.

160.2 Privacy-related requests shall be submitted in accordance with the Privacy Policy.

160.3 Security-related reports may be submitted through the Company's designated security contact channel, where available.

161. Effective Date

These Terms shall become effective on the date on which the Customer first accepts these Terms or first accesses or uses the Platform, whichever occurs earlier.

162. Entire Agreement Confirmation

The Customer acknowledges that it has:

(a) read these Terms;

(b) understood these Terms;

(c) had an opportunity to seek independent legal advice before accepting these Terms, where it considered such advice appropriate; and

(d) voluntarily agreed to be bound by these Terms.

163. Execution and Acceptance

These Terms shall be deemed executed electronically upon the Customer's acceptance in accordance with Clause 154 and shall remain binding until terminated in accordance with these Terms.

No physical signature shall be required unless expressly agreed by the Parties or required under Applicable Laws.

164. Closing Provision

These Terms are intended to establish a comprehensive legal framework governing the Customer's access to and use of the Platform. They shall be interpreted in a manner that promotes lawful, fair, secure and commercially reasonable use of the Services while protecting the legitimate rights and interests of both the Company and its Customers.

SCHEDULE A

SUBSCRIPTION PLANS, COMMERCIAL TERMS AND USAGE LIMITS

(This Schedule forms an integral part of the Terms of Service and shall be read together with the Terms of Use. Capitalised terms not defined herein shall have the meanings assigned to them in the Terms.)

1. Purpose

1.1 This Schedule establishes the commercial framework governing the Customer's subscription to and use of the Platform.

1.2 It sets out the Company's subscription models, commercial principles, usage entitlements, billing arrangements, credit mechanisms, and usage limitations applicable to the Services.

1.3 Unless expressly agreed in a separate Enterprise Agreement or Order Form, this Schedule shall govern all commercial aspects of the Customer's Subscription.

2. Subscription Plans

2.1 The Company may offer one or more subscription plans, which may include, without limitation:

(a) Free Plan;

(b) Starter Plan;

(d) Business Plan;

(e) Enterprise Plan; and

(f) any other plan introduced by the Company from time to time.

2.2 Each Subscription Plan may differ based upon:

(a) number of Authorised Users;

(b) number of Organisations or Workspaces;

(d) monthly email sending limits;

(e) active campaigns;

(f) workflow automation limits;

(g) API access;

(h) integrations;

(i) analytics capabilities;

(j) storage allocation;

(k) customer support level;

(l) security features;

(m) enterprise administration features;

(n) audit functionality; and

(o) other features determined by the Company.

2.3 **Subscription plan structure:**

****

The Following is the subscription plan structure which is divided into Three tiers + trial:

A. STARTER (1 user, solo);

B. MOMENTUM (2--5 users, roles & governance) with a 14-day free trial of Momentum ;

C. ENTERPRISE (6+ users, custom --- 'contact sales').

Core platform features are available on all tiers; Advanced AI, Integrations & governance features unlock at higher tiers --- tiers differ by seats + included AI credits + feature access + team governance. Usage-based credits; buy top-up packs or auto-top-up when consumed.

3. Subscription Commencement

3.1 A Subscription commences upon the earliest of:

(a) successful payment;

(b) activation of the Subscription by the Company;

(d) any other date agreed between the Parties.

4. Subscription Terms

The Company may offer:

(a) monthly subscriptions;

(b) annual subscriptions;

(d) custom contractual terms negotiated under Enterprise Agreements.

5. Commercial Pricing

5.1 Subscription fees shall be those published on the Platform or specified in an applicable quotation, Order Form or Enterprise Agreement.

5.2 Enterprise pricing may differ from publicly available pricing.

3. Pricing may vary depending upon:

a) number of users;

b) AI usage;

c) storage;

d) integrations;

e) API volume;

f) support level;

g) security features;

h) enterprise compliance requirements;

i) negotiated commercial arrangements.

5.4 Pricing & Limits (per plan):

A. Starter $79/mo ($66/mo billed annually);

B. Momentum $129/mo ($107/mo billed annually);

C. Enterprise custom.

Included AI credits/mo: Starter 2,300 · Momentum 3,900 · Enterprise custom.

Sender mailboxes: Starter 2 · Momentum 10 · Enterprise unlimited. Contacts stored: Starter 10,000 · Momentum 50,000 · Enterprise custom.

6. Billing Frequency

Billing may occur:

a) monthly;

b) quarterly;

c) annually;

d) milestone based;

e) prepaid;

f) post-paid;

g) usage based;

h) hybrid billing.

7. Payment Methods

Accepted payment methods may include:

(a) credit cards;

(b) debit cards;

(d) UPI;

(e) ACH transfers;

(f) wire transfers;

(g) SEPA transfers;

(h) payment gateways;

(i) invoices;

(j) other approved commercial payment methods.

8. Taxes

8.1 Fees exclude applicable taxes unless expressly stated otherwise.

8.2 The Customer shall remain responsible for all applicable:

a) GST;

b) VAT;

c) sales tax;

d) withholding tax;

e) customs duties;

f) government levies.

9. AI Usage Credits

9.1 Certain Subscription Plans include AI Credits.

9.2 AI Credits may be consumed when using:

a) AI email generation;

b) AI reply drafting;

c) AI workflow generation;

d) AI campaign optimisation;

e) AI contact enrichment;

f) AI analytics;

g) AI recommendations;

h) AI assistants.

9.3 AI Credits:

(a) are non-transferable;

(b) are non-refundable;

(d) expire in accordance with the applicable Subscription Plan unless otherwise stated.

10. Email Sending Limits

Each Subscription Plan may include limits regarding:

a) emails per day;

b) emails per month;

c) concurrent campaigns;

d) connected mailboxes;

e) sending domains;

f) sender identities;

g) email warm-up;

h) inbox monitoring.

The Company reserves the right to implement reasonable rate limits to protect platform integrity, deliverability and compliance with applicable laws.

11. Contact Limits

Subscription Plans may include limitations relating to:

a) stored contacts;

b) imported contacts;

c) enriched contacts;

d) archived contacts;

e) deleted contacts retained during applicable retention periods.

12. Workflow Limits

Plans may include limits relating to:

a) workflows;

b) automations;

c) triggers;

d) AI agents;

e) active sequences;

f) scheduled jobs;

g) webhooks;

h) integrations.

13. Storage Limits

Each Subscription Plan may provide a specified amount of cloud storage for:

a) uploaded files;

b) campaign assets;

c) templates;

d) reports;

e) analytics;

f) logs;

g) AI outputs.

Additional storage may be purchased separately where offered.

14. API Usage

Where API access is available:

(a) usage shall remain subject to rate limits;

(b) excessive API requests may be throttled;

(d) abuse may result in suspension.

15. Feature Availability

Certain features may only be available under selected Subscription Plans, including:

a) SSO;

b) SCIM;

c) audit logs;

d) RBAC;

e) advanced analytics;

f) dedicated infrastructure;

g) private AI models;

h) custom integrations;

i) dedicated account manager;

j) enterprise support.

16. Overage Charges

Where usage exceeds the limits of the applicable Subscription Plan, the Company may:

(a) charge additional usage fees;

(b) temporarily restrict access;

(d) purchase additional credits;

(e) automatically bill for excess usage where authorised by the Customer.

17. Upgrades

Customers may upgrade their Subscription at any time.

Unless otherwise agreed:

(a) upgraded features become available upon activation;

(b) additional charges may apply on a prorated basis;

18. Downgrades

Downgrades may take effect at the commencement of the next billing cycle unless otherwise determined by the Company.

Downgrading may result in reduced access to features, storage, AI Credits, integrations or other functionality.

19. Renewals

Unless otherwise agreed:

(a) paid subscriptions automatically renew;

(b) renewal occurs at the applicable renewal price;

(c) Customers may disable renewal before the renewal date through the Platform or by written notice in accordance with the Terms.

20. Promotional Pricing

The Company may offer:

a) introductory pricing;

b) free trials;

c) referral incentives;

d) promotional discounts;

e) seasonal offers.

Promotional pricing shall not create any continuing entitlement after expiry of the applicable promotion.

21. Suspension for Excessive Usage

To preserve platform stability and security, the Company may temporarily suspend, throttle or limit Services where usage materially exceeds fair operational limits or presents a risk to the Platform, provided that such measures are applied in a reasonable and proportionate manner.

22. Enterprise Commercial Terms

Enterprise Customers may receive customised commercial arrangements through separately executed:

a) Order Forms;

b) Enterprise Agreements;

c) Master Subscription Agreements;

d) Master Services Agreements;

e) Statements of Work.

Where inconsistent, such negotiated agreements shall prevail over this Schedule to the extent of the inconsistency.

23. Changes to Commercial Terms

The Company may revise subscription plans, pricing structures, usage entitlements or commercial policies from time to time.

Any changes shall apply prospectively and shall not materially affect an active prepaid Subscription during its current billing cycle unless required by Applicable Laws, security requirements or mutually agreed in writing.

24. Interpretation

Nothing contained in this Schedule shall obligate the Company to maintain any specific Subscription Plan indefinitely.

The Company may introduce, consolidate, rename or discontinue Subscription Plans, provided that existing Customers continue to receive the benefits of their active Subscription during the applicable Subscription Term unless otherwise permitted under the Terms.

25. Survival

The provisions relating to payment obligations, outstanding Fees, usage records, taxes, audits, renewals and accrued commercial rights shall survive termination or expiration of the Subscription to the extent necessary to give effect to their intended purpose.

SCHEDULE B

SERVICE LEVEL AGREEMENT (SLA)

(This Service Level Agreement ("SLA") forms an integral part of the Terms of Service. Capitalised terms not defined herein shall have the meanings assigned to them in the Terms of Service.)

1. Purpose

1.1 This SLA defines the operational service commitments applicable to the Platform. It is the part of the contract that specifies the minimum level of service and performance that the service provider is contractually required to maintain, together with the remedies or consequences if those levels are not met.

1.2 The objective of this SLA is to establish measurable service standards for availability, support, incident management, maintenance and operational performance.

1.3 This SLA supplements, and shall be read together with, the Terms of Service.

2. Scope

This SLA applies to:

a) Platform availability

b) AI services

c) Dashboard

d) Workflow engine

e) Campaign engine

f) Contact management

g) Analytics

h) API services

i) Authentication

j) Email integrations

k) Enterprise administration

l) Customer support

3. Definitions

For purposes of this SLA:

'Availability' means the percentage of time the Production Platform is capable of accepting and processing Customer requests.

'Incident' means any unplanned interruption or degradation of the Services.

'Business Day' means Monday through Friday excluding public holidays applicable to the Company's primary support operations.

'Maintenance Window' means scheduled periods during which maintenance activities may occur.

4. Service Availability Commitment

The Company shall use commercially reasonable efforts to maintain:

Monthly Availability Target

99.5%

excluding:

a) Scheduled Maintenance

b) Emergency Maintenance

c) Force Majeure

d) Third-party outages

e) Customer-caused failures

f) Internet failures

g) DNS failures

h) Email provider outages

Nothing herein constitutes an absolute guarantee of uninterrupted service.

5. Planned Maintenance

5.1 Planned maintenance shall normally be performed outside peak business hours.

5.2 The Company shall use commercially reasonable efforts to provide prior notice through:

a) dashboard notifications

b) email

c) status page

d) support portal

5.3 Planned maintenance shall not constitute downtime for SLA calculations.

6. Emergency Maintenance

The Company may perform emergency maintenance without prior notice where reasonably necessary to:

a) protect security

b) prevent data loss

c) maintain platform stability

d) comply with law

e) mitigate cyber threats

7. Scheduled Downtime

Scheduled downtime includes:

a) infrastructure upgrades

b) database optimisation

c) security patches

d) AI model deployment

e) cloud migration

f) platform optimisation

8. Availability Measurement

Availability shall be calculated as:

Availability % = (Total Minutes − Unavailable Minutes) ÷ Total Minutes × 100

Unavailable Minutes exclude all exclusions listed in Clause 9.

The Company's monitoring systems shall constitute the primary source for SLA calculations unless a manifest error is demonstrated.

9. Availability Exclusions

Availability commitments do not apply where service degradation results from:

(a) Customer equipment

(b) Customer internet

(d) Customer configuration

(e) Customer misuse

(f) third-party email providers

(g) Microsoft

(h) Google Workspace

(i) Amazon SES

(j) SMTP providers

(k) cloud provider failures

(l) DDoS attacks

(m) Force Majeure

(n) beta features

(o) scheduled maintenance

(p) legal restrictions

(q) government actions

10. Customer Responsibilities

The Customer shall:

a) maintain supported browsers

b) maintain internet connectivity

c) maintain authorised integrations

d) protect credentials

e) configure SPF

f) configure DKIM

g) configure DMARC

h) promptly report incidents

i) cooperate with investigations

Failure to comply may affect SLA eligibility.

11. Support Services

Support may be provided through:

a) ticket portal

b) email

c) chat

d) enterprise account manager

e) telephone (Enterprise Plans only)

f) emergency escalation

Support availability depends upon the applicable Subscription Plan.

12. Incident Classification

Priority 1 (Critical)

Complete production outage

Major security incident

Platform unavailable

Major authentication failure

Data corruption

Priority 2 (High)

Major feature unavailable

Workflow failures

Campaign failures

API unavailable

Email delivery disruption caused by Platform malfunction

Priority 3 (Medium)

Limited functionality

Minor bugs

Performance degradation

Reporting errors

Integration issues

Priority 4 (Low)

Cosmetic issues

Documentation

General enquiries

Feature requests

Configuration assistance

13. Response Time Commitments

Priority Initial Response

Critical Within 4 hour

High Within 8 hours

Medium Within 2 Business Day

Low Within 3 Business Days

These are response targets and not guaranteed resolution times.

14. Resolution Targets

The Company shall use commercially reasonable efforts to resolve Incidents as follows:

Priority Target

Critical Continuous efforts until service restoration

High As soon as reasonably practicable

Medium Included in normal development cycle

Low Future releases or updates where appropriate

Actual resolution times may vary depending upon complexity.

15. Escalation Procedure

Incidents may be escalated through:

Level 1 -- Support Team

↓

Level 2 -- Technical Operations

↓

Level 3 -- Engineering

↓

Level 4 -- Senior Management

Enterprise Customers may receive dedicated escalation channels.

16. Service Credits

Where Monthly Availability falls below the applicable commitment, eligible Enterprise Customers may request service credits.

Illustrative credits:

Monthly Availability Credit

99.0--99.89% 5%

98.0--98.99% 10%

Below 98.0% 15%

Service credits:

a) apply only to future invoices;

b) are the Customer's sole monetary remedy for SLA failures, unless otherwise required by Applicable Laws; and

c) shall not exceed the subscription fees paid for the affected monthly billing period.

17. Exclusions from Service Credits

Credits shall not apply where downtime results from:

a) maintenance

b) force majeure

c) Customer systems

d) Customer misuse

e) third-party providers

f) beta services

g) internet failures

h) DNS failures

i) security investigations

j) legal restrictions

18. Disaster Recovery

The Company shall maintain commercially reasonable disaster recovery procedures designed to restore essential Platform operations following a significant operational disruption.

Recovery objectives may vary depending on the affected systems, the nature of the incident, and the Customer's Subscription Plan. Any specific recovery commitments shall apply only if expressly set out in an Enterprise Agreement or Order Form.

19. Backup and Data Recovery

The Company shall maintain reasonable backup procedures appropriate for the Services.

The frequency, retention periods and restoration capabilities of backups may vary depending upon operational requirements, technical constraints and the applicable Subscription Plan.

The Company does not guarantee that all Customer Data can be restored in every circumstance.

20. Security Incident Response

Security Incidents shall be handled in accordance with the Company's Security Incident Response Procedure and Information Security Policy.

Where required by Applicable Laws or contractual obligations, affected Customers shall be notified without undue delay after confirmation of a Security Incident involving Customer Personal Data.

21. Business Continuity

The Company shall maintain commercially reasonable business continuity measures designed to support the continued provision of the Services during significant operational disruptions.

Such measures may include personnel contingency planning, infrastructure redundancy where appropriate, communication procedures and recovery planning.

22. Monitoring

The Company may continuously monitor:

a) platform health

b) server availability

c) API performance

d) workflow execution

e) infrastructure

f) security events

g) authentication

h) integrations

i) database performance

Monitoring may be conducted using automated systems and operational personnel.

23. Reporting

The Company may make available operational information through a status page, customer dashboard, support communications or other appropriate channels, at its discretion or as agreed under an Enterprise Agreement.

24. Changes to the SLA

The Company may amend this SLA where reasonably necessary to:

a) improve operational practices;

b) reflect technological developments;

c) enhance security;

d) comply with Applicable Laws; or

e) support new Services.

Material changes shall apply prospectively and, where required by Applicable Laws, reasonable notice shall be provided.

25. Limitation of Liability

This SLA sets out operational targets and service management practices. Except as expressly provided in the Terms of Service or required by Applicable Laws, failure to achieve an SLA target shall not constitute a material breach of the Terms of Service.

Any service credits available under this SLA shall be the Customer's exclusive contractual remedy for eligible SLA failures.

26. Support level per plan

Support offering by plan:

Starter = email support (support@beevelope.com) + help docs,;

Team = priority email,

Enterprise = dedicated contact + priority channel.

All targets are first-response times (not resolution), during business hours (Mon--Fri, 9:00--18:00 IST, excl. public holidays).

27. Miscellaneous

This SLA shall be interpreted consistently with the Terms of Service. In the event of any inconsistency, the Terms of Service shall prevail unless an Enterprise Agreement expressly provides otherwise.

28. Survival

Those provisions of this SLA which by their nature are intended to survive termination, including provisions relating to service credits, accrued rights, confidentiality, dispute resolution and limitation of liability, shall continue in effect to the extent necessary to give effect to their intended purpose.

SCHEDULE C

DATA PROCESSING AGREEMENT (DPA)

(This Data Processing Agreement forms an integral part of the Terms of Service and shall apply where the Company Processes Personal Data on behalf of the Customer.)

1. Purpose and Scope

1.1 This Data Processing Agreement ("DPA") governs the Processing of Personal Data by the Company on behalf of the Customer in connection with the Services.

1.2 This DPA supplements the Terms of Service and applies where the Company acts as a Processor, Service Provider or equivalent under Applicable Privacy Laws.

1.3 In the event of any inconsistency between this DPA and the Terms of Service regarding Personal Data processing, this DPA shall prevail to the extent of such inconsistency.

2. Processing of Personal Data

2.1 The Company shall Process Personal Data only:

(a) on the documented instructions of the Customer;

(b) for providing the Services;

(d) as otherwise expressly permitted under the Terms of Service.

2.2 The nature, purpose, categories of Personal Data and categories of Data Subjects are described in Annexure C-1.

3. Obligations of the Company

The Company shall:

(a) implement appropriate technical and organisational measures to protect Personal Data;

(b) ensure that personnel authorised to Process Personal Data are bound by confidentiality obligations;

(d) assist the Customer in complying with Applicable Privacy Laws where reasonably required; and

(e) maintain commercially reasonable safeguards against unauthorised access, disclosure, alteration or destruction of Personal Data.

4. Customer Responsibilities

The Customer shall:

(a) ensure that it has a lawful basis for Processing Personal Data;

(b) provide all legally required notices;

(d) ensure that Customer Data is lawfully collected; and

(e) remain responsible for the accuracy, quality and legality of the Personal Data provided to the Company.

5. Subprocessors and International Transfers

5.1 The Customer authorises the Company to engage Affiliates and Subprocessors necessary for providing the Services.

5.2 The Company shall ensure that such Subprocessors are bound by contractual obligations providing an appropriate level of data protection.

5.3 Where Personal Data is transferred internationally, the Company shall implement appropriate safeguards required under Applicable Privacy Laws.

6. Security and Incident Notification

6.1 The Company shall maintain commercially reasonable administrative, technical and organisational safeguards designed to protect Personal Data.

6.2 In the event of a confirmed Security Incident affecting Customer Personal Data, the Company shall notify the Customer without undue delay where required by Applicable Privacy Laws.

6.3 The Company shall use commercially reasonable efforts to investigate, mitigate and remediate Security Incidents.

6.4 The Company will notify affected customers without undue delay, and no later than 72 hours after confirming a Security Incident affecting their Personal Data (clock starting on confirmation)

7. Data Subject Rights and Assistance

7.1 The Company shall, taking into account the nature of the Processing, provide reasonable assistance to enable the Customer to respond to lawful requests from Data Subjects.

7.2 The Company will provide reasonable assistance to help the customer respond to data-subject requests. Where the Company receives a data-subject request directly, it will redirect it to the relevant customer unless otherwise required by law.

8. Retention and Deletion

8.1 Upon termination or expiration of the Services, the Company shall, subject to Applicable Laws and its documented retention policies, delete or return Customer Personal Data within a commercially reasonable period unless continued retention is required by law.

8.2 Backup copies retained for disaster recovery or legal compliance purposes may continue to be stored until deleted in accordance with the Company's retention schedule.

9. Audit and Compliance

9.1 Upon reasonable written request, the Company shall make available information reasonably necessary to demonstrate compliance with this DPA.

9.2 Any audit shall:

(a) be conducted during normal business hours;

(b) be subject to confidentiality obligations;

(d) be limited to matters relevant to the Company's Processing of Personal Data.

10. Miscellaneous

10.1 This DPA shall be governed by the governing law specified in the Terms of Service.

10.2 Capitalised terms not defined herein shall have the meanings assigned in the Terms of Service.

10.3 This DPA shall survive the termination of the Services for so long as the Company Processes or retains Personal Data on behalf of the Customer.

ANNEXURE C-1

Description of Processing

Controller: Customer

Processor: Company

Nature of Processing:

a) Collection

b) Recording

c) Storage

d) Organisation

e) Structuring

f) Retrieval

g) Consultation

h) AI-assisted processing

i) Analysis

j) Transmission

k) Deletion

Purpose of Processing:

a. Account administration

b. Customer relationship management

c. Email campaign management

d. Workflow automation

e. AI-assisted content generation

f. Contact management

g. Analytics

h. Technical support

i. Security monitoring

j. Compliance

Categories of Personal Data:

a. Name

b. Email address

c. Job title

d. Company name

e. Contact information

f. Business communication data

g. IP address

h. Device information

i. User account information

j. Usage logs

k. AI- derived/ enrichment data about contacts

Categories of Data Subjects:

a. Customers

b. Prospective customers

c. Business contacts

d. Employees

e. Users

f. Representatives of business organizations

Retention Period:

Data is retained while the account is active and as needed to provide the Services. On termination, Customer Data is deleted or returned within 60 days (after an export window); backups purge within the ~30--35-day backup cycle. Category specifics: Account +90 days post-termination; Usage & Analytics 24 months; Security logs 12 months; Support 24 months;

Also, as specified in the Terms of Service, Privacy Policy and applicable legal obligations.

International Transfers:

Subject to appropriate safeguards and Applicable Privacy Laws.

SCHEDULE D

INFORMATION SECURITY POLICY

(This Information Security Policy forms an integral part of the Terms of Service and establishes the Company's security principles for the protection of the Platform, Customer Data and related information assets.)

1. Purpose

1.1 The purpose of this Policy is to establish the Company's information security framework designed to protect the confidentiality, integrity and availability of the Platform and Customer Data.

1.2 This Policy applies to all systems, applications, infrastructure, personnel, contractors and subprocessors involved in providing the Services.

2. Security Governance

2.1 The Company shall maintain an information security programme appropriate to the nature, size and complexity of its business.

2.2 The Company shall periodically review and improve its security controls to address evolving cybersecurity threats, technological developments and legal requirements.

3. Access Management

The Company shall implement commercially reasonable access controls, including:

(a) role-based access controls;

(b) least privilege principles;

(d) periodic review of privileged access; and

(e) timely revocation of access upon termination or change of responsibilities.

4. Data Security

The Company shall maintain reasonable safeguards designed to protect Customer Data, including:

(a) encryption of data in transit using industry-standard protocols;

(b) encryption of data at rest where commercially and technically appropriate;

(d) segregation of Customer Data where appropriate; and

(e) protection against unauthorised access, alteration, disclosure or destruction.

5. Infrastructure Security

The Company shall use commercially reasonable measures to protect its infrastructure, including:

(a) network security controls;

(b) firewalls and traffic filtering;

(d) vulnerability monitoring;

(e) security patch management; and

(f) infrastructure hardening where appropriate.

6. Application Security

The Company shall employ reasonable security practices during the development and maintenance of the Platform, including:

(a) secure software development practices;

(b) code review processes where appropriate;

(d) vulnerability remediation based on risk; and

(e) ongoing security improvements.

7. Monitoring and Logging

The Company may maintain logs relating to:

(a) authentication events;

(b) administrative activities;

(d) security events;

(e) system performance; and

(f) operational incidents,

for security, troubleshooting, audit and compliance purposes.

8. Security Incident Management

8.1 The Company shall maintain procedures for identifying, investigating, responding to and mitigating Security Incidents.

8.2 Where required by Applicable Laws or contractual obligations, the Company shall notify affected Customers of confirmed Security Incidents involving Customer Personal Data without undue delay.

9. Business Continuity and Backup

The Company shall maintain commercially reasonable business continuity and backup procedures designed to support the continued operation and recovery of the Services following significant operational disruptions.

10. Third-Party Service Providers

10.1 The Company may engage third-party cloud providers, infrastructure providers, AI providers, email service providers and other subprocessors as necessary to deliver the Services.

10.2 The Company shall use commercially reasonable efforts to ensure that such providers are subject to appropriate contractual obligations relating to confidentiality, security and data protection.

11. Customer Responsibilities

The Customer shall be responsible for:

(a) maintaining the confidentiality of Account credentials;

(b) implementing appropriate password and authentication practices;

(d) maintaining endpoint security for devices used to access the Platform;

(e) promptly reporting suspected security incidents; and

(f) complying with the Company's security recommendations.

12. Policy Updates

The Company may revise this Policy from time to time to:

(a) address emerging cybersecurity threats;

(b) reflect technological developments;

(d) implement improved security practices; or

(e) support new Platform functionality.

Material changes shall apply prospectively and, where required by Applicable Laws, reasonable notice shall be provided.

13. Contact

Questions regarding this Information Security Policy or reports of suspected security vulnerabilities may be submitted through the Company's designated security contact channel or other contact details published on the Platform.

14. Survival

This Policy shall remain applicable for so long as the Company Processes or retains Customer Data and shall survive termination of the Services to the extent necessary to fulfil legal, contractual or security obligations.

SCHEDULE E

(This Schedule forms an integral part of the Terms of Service.)

1. Incorporation by Reference

1.1 The Company's Privacy Policy, as amended from time to time, is hereby incorporated into these Terms by reference and forms an integral part of the contractual relationship between the Company and the Customer.

1.2 The Privacy Policy describes the manner in which the Company collects, uses, stores, discloses, transfers, secures and otherwise Processes Personal Data in connection with the Services.

2. Scope

The Privacy Policy applies to:

(a) visitors to the Platform;

(b) registered Users;

(d) prospective Customers;

(e) authorised representatives;

(f) business contacts;

(g) subscribers to communications; and

(h) other individuals whose Personal Data is Processed in connection with the Services.

3. Processing Activities

The Privacy Policy governs, among other matters:

(a) collection of Personal Data;

(b) account administration;

(d) AI-powered processing;

(e) workflow automation;

(f) email campaign functionality;

(g) analytics;

(h) cookies and similar technologies;

(i) integrations with Third-Party Services;

(j) international data transfers;

(k) security safeguards;

(l) retention and deletion of Personal Data; and

(m) Data Subject rights.

4. Customer Responsibilities

The Customer acknowledges and agrees that it shall:

(a) review the Privacy Policy before using the Services;

(b) ensure that its use of the Platform complies with Applicable Privacy Laws;

(d) obtain any legally required consents; and

(e) ensure that Personal Data uploaded to the Platform has been lawfully collected.

5. Relationship with the Data Processing Agreement

Where the Company Processes Personal Data on behalf of the Customer, the Data Processing Agreement (Schedule C) shall apply in addition to this Schedule and the Privacy Policy.

In the event of any inconsistency concerning Processor obligations, the Data Processing Agreement shall prevail to the extent of such inconsistency.

6. International Processing

The Customer acknowledges that Personal Data may be Processed in jurisdictions outside the Customer's country of residence, subject to appropriate safeguards and Applicable Privacy Laws as further described in the Privacy Policy.

7. Amendments

The Company may amend the Privacy Policy from time to time to:

(a) comply with Applicable Laws;

(b) implement regulatory guidance;

(d) reflect changes to the Services;

(e) enhance privacy protections; or

(f) address operational requirements.

Material amendments shall be communicated in accordance with the Terms of Service and Applicable Laws.

8. Contact

Questions regarding privacy, Personal Data, Data Subject rights or privacy complaints may be directed to the Company through the contact details specified in the Privacy Policy.

9. Survival

This Schedule shall survive the termination or expiration of the Terms of Service for so long as the Company retains or Processes Personal Data in accordance with Applicable Laws.

SCHEDULE F

API, INTEGRATION AND DEVELOPER TERMS

(This Schedule forms an integral part of the Terms of Service and applies to all Customers accessing or using the Company's APIs, SDKs, webhooks, integrations or developer resources.)

1. Purpose

1.1 This Schedule governs the Customer's access to and use of the Company's Application Programming Interfaces ("APIs"), Software Development Kits ("SDKs"), webhooks, developer documentation, integration services and related technical resources.

1.2 This Schedule supplements the Terms of Service. In the event of any inconsistency, the Terms of Service shall prevail unless expressly stated otherwise.

2. API Licence

2.1 Subject to the Customer's compliance with the Terms of Service and this Schedule, the Company grants the Customer a limited, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the APIs solely for integrating the Platform with the Customer's internal business systems and authorised third-party applications.

2.2 The API licence does not grant any ownership rights in the Platform, APIs, Documentation or underlying technology.

3. API Credentials

3.1 The Company may issue API keys, access tokens, OAuth credentials or other authentication mechanisms.

3.2 The Customer shall:

(a) maintain the confidentiality of API credentials;

(b) prevent unauthorised access;

(d) ensure that API credentials are used only by authorised personnel or systems.

3.3 The Customer shall be responsible for all activities performed using its API credentials.

4. Permitted Use

The Customer may use the APIs solely for lawful business purposes, including:

(a) synchronising customer relationship management (CRM) systems;

(b) managing contacts;

(d) integrating email providers;

(e) retrieving reports and analytics;

(f) managing campaigns; and

(g) other integration purposes expressly supported by the Platform.

5. Usage Limits

5.1 API access may be subject to:

(a) request rate limits;

(b) concurrency limits;

(d) daily or monthly request quotas;

(e) authentication limits; and

(f) Subscription Plan restrictions.

5.2 The Company may throttle, temporarily restrict or suspend API access where necessary to protect the security, stability or performance of the Platform.

6. Prohibited Activities

The Customer shall not:

(a) use the APIs for unlawful purposes;

(b) circumvent usage limits or security measures;

(d) interfere with the operation of the Platform or other Customers' use of the Services;

(e) use automated methods to exploit vulnerabilities;

(f) develop a competing service using the APIs or Documentation; or

(g) misuse the APIs in any manner prohibited by the Terms of Service.

7. Third-Party Integrations

7.1 The Platform may support integrations with third-party applications, including email service providers, CRM systems, cloud storage providers, communication platforms and other business software.

7.2 The Customer is responsible for ensuring that it has the necessary rights and authorisations to connect such third-party services.

7.3 The Company does not warrant the continued availability, compatibility or performance of third-party integrations.

8. API Changes and Versioning

8.1 The Company may modify, update or replace APIs to improve security, functionality, performance or legal compliance.

8.2 Where reasonably practicable, the Company shall provide advance notice of material changes affecting production APIs.

8.3 Deprecated API versions may remain available for a reasonable transition period, after which they may be discontinued.

9. Webhooks

9.1 Where the Platform provides webhook functionality, the Customer shall ensure that receiving endpoints are secure, available and capable of processing webhook events.

9.2 The Company does not guarantee delivery of every webhook notification and recommends that Customers implement appropriate retry, validation and reconciliation mechanisms.

10. Developer Documentation

10.1 Documentation, code samples and technical materials are provided solely for the purpose of facilitating authorised integrations.

10.2 The Company may update such materials from time to time without prior notice to reflect changes in the Platform or APIs.

11. Security Requirements

The Customer shall implement reasonable technical safeguards when using the APIs, including:

(a) secure transmission protocols;

(b) protection of API credentials;

(d) monitoring for unauthorised access;

(e) timely installation of security updates; and

(f) compliance with applicable industry security practices.

12. Suspension or Termination of API Access

The Company may suspend or terminate API access where:

(a) the Customer breaches this Schedule or the Terms of Service;

(b) API usage threatens the security or stability of the Platform;

(d) fraudulent, abusive or excessive activity is detected; or

(e) suspension is reasonably necessary to protect the Company, the Platform or other Customers.

13. Intellectual Property

All APIs, SDKs, Documentation, developer tools, specifications and related technology remain the exclusive intellectual property of the Company and its licensors.

Except for the limited licence granted under this Schedule, no rights are granted to the Customer.

14. Disclaimer

The Company does not warrant that:

(a) APIs will be uninterrupted or error-free;

(b) all third-party integrations will remain continuously available;

(d) APIs will be compatible with all third-party software or future software versions.

API functionality may evolve as part of the Company's ongoing development of the Platform.

15. Limitation of Liability

The use of APIs, SDKs, webhooks and integrations shall be subject to the limitation of liability provisions contained in the Terms of Service.

The Company shall not be liable for losses arising from:

(a) third-party integration failures;

(b) Customer implementation errors;

(d) incompatibility with unsupported software; or

(e) Customer modifications to the APIs or integrations.

16. Survival

The provisions relating to confidentiality, intellectual property, security, limitation of liability, audit rights and all accrued rights and obligations shall survive the termination or expiration of this Schedule to the extent necessary to give effect to their intended purpose.

SCHEDULE G

AI SERVICES AND RESPONSIBLE AI POLICY

(This Schedule forms an integral part of the Terms of Service and governs the Customer's access to and use of the Company's Artificial Intelligence ("AI") features and services.)

1. Purpose

1.1 This Schedule establishes the principles governing the development, deployment and use of AI-powered features available through the Platform.

1.2 The Company is committed to promoting responsible, transparent and lawful use of AI technologies while maintaining appropriate safeguards for Customers and their data.

2. Scope

This Schedule applies to all AI-powered functionalities provided through the Platform, including but not limited to:

(a) AI-generated emails;

(b) AI-generated replies;

(d) workflow automation;

(e) AI-assisted content creation;

(f) contact enrichment;

(g) lead scoring;

(h) analytics and insights;

(i) summarisation;

(j) classification;

(k) predictive recommendations; and

(l) any future AI-enabled Services introduced by the Company.

3. Nature of AI Services

3.1 AI Services are intended to assist Users by generating recommendations, draft content, analyses and automation based on Customer Inputs.

3.2 AI Services are decision-support tools and are not intended to replace independent human judgment.

3.3 The Customer remains solely responsible for reviewing, validating and approving all AI-generated Outputs before use.

4. Customer Inputs

4.1 The Customer is solely responsible for the legality, accuracy and appropriateness of all prompts, instructions, documents, contact information and other content submitted to AI Services ("AI Inputs").

4.2 The Customer shall ensure that AI Inputs do not infringe the rights of any third party or violate Applicable Laws.

5. AI Outputs

5.1 AI-generated content ("AI Outputs") is produced through probabilistic models and may contain inaccuracies, omissions or inconsistencies.

5.2 The Company does not warrant that AI Outputs will:

(a) be accurate;

(b) be complete;

(d) be error-free;

(e) comply with Applicable Laws; or

(f) be suitable for the Customer's particular business objectives.

5.3 The Customer shall independently review AI Outputs before publishing, sending or relying upon them.

6. Responsible Use

The Customer shall use AI Services responsibly and shall not knowingly use AI Services to:

(a) generate unlawful content;

(b) impersonate any individual or organisation;

(d) create deceptive or misleading communications;

(e) generate spam in violation of Applicable Laws;

(f) discriminate unlawfully against individuals or groups;

(g) infringe intellectual property rights;

(h) generate malicious software or harmful code; or

(i) engage in any activity prohibited by the Terms of Service.

7. Human Oversight

7.1 The Company encourages meaningful human review of AI-generated Outputs before they are distributed or relied upon.

7.2 Customers remain responsible for all communications, campaigns and business decisions made using AI-generated Outputs.

8. AI Models and Improvements

8.1 The Company may update, replace or improve AI models from time to time to enhance performance, accuracy, security, efficiency or legal compliance.

8.2 Such updates may result in changes to AI-generated Outputs.

8.3 The Company does not guarantee that AI Outputs generated at different times will be identical or consistent.

9. Third-Party AI Providers

9.1 The Company may utilise AI technologies provided by third-party providers.

9.2 The Company shall use commercially reasonable efforts to ensure that such providers are subject to appropriate contractual obligations relating to confidentiality, security and data protection.

9.3 The Company may change AI providers where reasonably necessary for operational, commercial, security or legal reasons.

10. Privacy and Data Protection

10.1 AI Processing shall be conducted in accordance with the Terms of Service, the Privacy Policy, the Data Processing Agreement and Applicable Privacy Laws.

10.2 The Company shall implement commercially reasonable safeguards to protect AI Inputs and AI Outputs during Processing.

11. Intellectual Property

11.1 Ownership of AI Inputs shall remain with the Customer.

11.2 Ownership and licensing of AI Outputs shall be governed by the Terms of Service.

11.3 Nothing in this Schedule transfers ownership of the Company's AI models, algorithms, software, prompts, methodologies or proprietary technology.

12. Monitoring and Abuse Prevention

12.1 The Company may monitor the use of AI Services for the purposes of:

(a) protecting Platform security;

(b) preventing fraud or abuse;

(d) improving system reliability; and

(e) complying with Applicable Laws.

12.2 Such monitoring shall be conducted in accordance with the Privacy Policy and Applicable Privacy Laws.

13. Suspension of AI Services

The Company may temporarily suspend or restrict access to AI Services where reasonably necessary to:

(a) investigate suspected misuse;

(b) address security risks;

(d) comply with Applicable Laws;

(e) protect the integrity of the Platform; or

(f) implement emergency technical measures.

14. Changes to AI Services

The Company may introduce new AI capabilities, modify existing AI features or discontinue particular AI functionalities where reasonably necessary for operational, commercial, technological or legal reasons.

Where required by Applicable Laws, reasonable notice shall be provided of material changes affecting the Services.

15. Survival

The provisions relating to confidentiality, intellectual property, data protection, limitation of liability and all obligations which by their nature are intended to survive shall remain in effect following the termination or expiration of this Schedule to the extent necessary to give effect to their intended purpose.

SCHEDULE H

SUBPROCESSORS AND THIRD-PARTY SERVICES

(This Schedule forms an integral part of the Terms of Service and the Data Processing Agreement and governs the Company's use of Subprocessors and Third-Party Service Providers.)

1. Purpose

1.1 This Schedule describes the categories of Subprocessors and Third-Party Service Providers that the Company may engage in connection with the provision of the Services.

1.2 The Company shall remain responsible for the performance of its obligations under the Terms of Service notwithstanding the appointment of any authorised Subprocessor.

2. Appointment of Subprocessors

2.1 The Customer authorises the Company to engage Affiliates and third-party Subprocessors as reasonably necessary for providing, supporting, maintaining and improving the Services.

2.2 The Company shall ensure that each Subprocessor is contractually required to implement appropriate obligations relating to confidentiality, security and data protection consistent with Applicable Privacy Laws.

3. Categories of Subprocessors

The Company may engage Subprocessors in the following categories:

(a) Cloud infrastructure providers;

(b) Data hosting providers;

(d) Email delivery and messaging providers;

(e) Customer relationship management (CRM) integration providers;

(f) Authentication and identity management providers;

(g) Payment processing providers;

(h) Customer support and helpdesk providers;

(i) Monitoring, logging and observability providers;

(j) Analytics providers;

(k) File storage and content delivery providers;

(l) Security and fraud prevention providers;

(m) Backup and disaster recovery providers;

(n) Communication and notification providers; and

(o) Other technology providers reasonably required to deliver the Services.

4. Purpose of Processing

Subprocessors may Process Personal Data only to the extent necessary for purposes including:

(a) hosting the Platform;

(b) maintaining infrastructure;

(d) sending or receiving email communications;

(e) processing payments;

(f) providing technical support;

(g) monitoring system performance and security;

(h) storing or backing up Customer Data;

(i) enabling integrations; and

(j) complying with Applicable Laws.

5. International Processing

5.1 Certain Subprocessors may Process Personal Data in jurisdictions outside the Customer's country of residence.

5.2 Where cross-border transfers occur, the Company shall implement appropriate safeguards required under Applicable Privacy Laws, including recognized transfer mechanisms where applicable.

6. Changes to Subprocessors

6.1 The Company may appoint, replace or remove Subprocessors where reasonably necessary for operational, commercial, security or legal reasons.

6.2 The Company shall maintain an up-to-date list of authorised Subprocessors, which may be made available through the Platform, customer portal or another appropriate location.

6.3 Where required by Applicable Privacy Laws or an applicable Enterprise Agreement, the Company shall provide reasonable notice of material changes to Subprocessors.

7. Customer Objections

7.1 Where Applicable Privacy Laws provide a right to object, the Customer may raise a reasonable written objection to a newly appointed Subprocessor on documented data protection grounds.

7.2 Upon receipt of such objection, the Parties shall cooperate in good faith to evaluate whether:

(a) an alternative Subprocessor can reasonably be used;

(b) additional safeguards can adequately address the Customer's concerns; or

7.3 If no commercially reasonable solution can be reached, either Party may terminate the affected Services in accordance with the Terms of Service or the applicable Enterprise Agreement.

8. Third-Party Services

8.1 The Platform may integrate with Third-Party Services selected by the Customer.

8.2 The Customer acknowledges that the availability, performance and security of such Third-Party Services are governed by the terms and policies of the respective providers.

8.3 The Company does not control, endorse or assume responsibility for Third-Party Services except to the extent expressly provided in the Terms of Service.

9. Customer-Authorised Integrations

Where the Customer authorises integration with a third-party application or service:

(a) the Customer is responsible for ensuring that it has the necessary rights and permissions to enable such integration;

(b) the Company may exchange Customer Data with the authorised third-party service solely to facilitate the requested integration; and

10. Liability

The Company shall exercise reasonable care in selecting and managing Subprocessors and shall remain responsible for their performance to the extent required by Applicable Privacy Laws and the Terms of Service.

Nothing in this Schedule shall increase or limit either Party's liability beyond that provided in the Terms of Service.

11. Updates to this Schedule

The Company may update this Schedule to reflect changes in technology, business operations, Subprocessors or legal requirements.

Material changes shall be communicated where required by Applicable Privacy Laws or applicable contractual commitments.

12. Survival

This Schedule shall survive the termination or expiration of the Terms of Service for so long as the Company or its authorised Subprocessors continue to Process Customer Personal Data or otherwise perform obligations arising under this Schedule.

Annexure H-1 -- Categories of Typical Service Providers

The following table illustrates the categories of providers that may be engaged. The actual providers may change over time and are maintained separately by the Company.

Category Typical Function

Cloud Infrastructure Platform hosting and computing resources

AI Services AI model processing and content generation

Email Infrastructure Outbound email delivery and mailbox connectivity

Identity Management Authentication, Single Sign-On (SSO) and access control

Payment Services Subscription billing and payment processing

Analytics Usage analytics and platform performance measurement

Monitoring & Logging System health, security monitoring and audit logs

Customer Support Ticketing, helpdesk and customer communications

File Storage Secure storage of Customer content and attachments

Security Services Threat detection, fraud prevention and vulnerability management

Backup & Recovery Backup storage and disaster recovery support

Communication

Services Notifications, alerts and transactional messaging

SCHEDULE I

SUPPORT AND MAINTENANCE POLICY

(This Schedule forms an integral part of the Terms of Service and establishes the Company's support, maintenance and operational commitments for the Services.)

1. Purpose

1.1 This Schedule sets out the framework governing technical support, maintenance, updates and operational assistance provided by the Company in connection with the Services.

1.2 This Schedule supplements the Service Level Agreement (Schedule B) and the Terms of Service. In the event of any inconsistency, the Service Level Agreement shall prevail in relation to service availability, incident response and service credits.

2. Scope of Support

2.1 Subject to the Customer's applicable Subscription Plan, the Company shall use commercially reasonable efforts to provide technical support for:

(a) Platform functionality;

(b) Account administration;

(d) Email account connectivity;

(e) AI-powered features;

(f) Integrations and APIs supported by the Platform;

(g) Campaign functionality;

(h) Workflow automation;

(i) Security-related issues affecting the Platform; and

(j) Other operational matters reasonably related to the Services.

3. Support Channels

Support may be provided through one or more of the following channels, depending on the Customer's Subscription Plan:

(a) Email support;

(b) In-Platform support portal;

(d) Live chat;

(e) Remote assistance sessions; and

(f) Dedicated enterprise support, where contractually agreed.

4. Support Hours

4.1 Support shall be provided during the Company's published business hours unless the applicable Subscription Plan or Enterprise Agreement provides for extended or continuous support.

4.2 Critical incidents may receive priority attention outside normal support hours where reasonably necessary to protect the security, availability or integrity of the Services.

5. Maintenance Services

The Company may perform maintenance activities, including:

(a) software updates;

(b) security patches;

(d) bug fixes;

(e) database optimisation;

(f) AI model improvements;

(g) performance enhancements; and

(h) compatibility updates.

The Company shall use commercially reasonable efforts to minimise disruption during planned maintenance.

6. Updates and Enhancements

6.1 The Company may introduce new features, improvements or enhancements to the Platform from time to time.

6.2 Unless expressly agreed otherwise, the Company is not obligated to maintain legacy functionality where replacement functionality providing substantially similar capabilities has been introduced.

7. Customer Responsibilities

The Customer shall:

(a) provide complete and accurate information regarding reported issues;

(b) cooperate with reasonable troubleshooting requests;

(d) promptly install updates where required for security or compatibility;

(e) designate authorised contacts for support communications; and

(f) use the Services in accordance with the Terms of Service.

8. Exclusions:

The Company's support obligations do not extend to issues arising from:

(a) misuse of the Services;

(b) unauthorised modifications;

(d) Customer-developed integrations or custom code;

(e) internet connectivity or telecommunications failures outside the Company's control;

(f) failures of third-party service providers;

(g) force majeure events; or

(h) any matter expressly excluded under the Terms of Service.

9. Suspension of Maintenance

The Company may temporarily suspend maintenance or support activities where reasonably necessary to:

(a) address emergency security vulnerabilities;

(b) protect Platform integrity;

(d) investigate suspected misuse; or

(e) prevent material disruption to the Services.

10. Documentation and Self-Service Resources

The Company may provide documentation, user guides, FAQs, training materials and other self-service resources to assist Customers in using the Platform effectively.

Such materials may be updated from time to time without prior notice.

11. Customer Feedback

The Company welcomes Customer feedback regarding the Services.

Suggestions, enhancement requests and feedback may be considered in future product development but shall not create any obligation to implement specific features or functionality.

12. Policy Updates

The Company may modify this Support and Maintenance Policy from time to time to reflect operational improvements, technological developments, legal requirements or changes to the Services.

Material changes shall be communicated in accordance with the Terms of Service.

13. Survival

This Schedule shall survive termination or expiration of the Terms of Service to the extent necessary for the completion of outstanding support obligations, security activities, legal compliance or any rights and obligations that by their nature are intended to survive.

SCHEDULE J

BETA FEATURES AND EARLY ACCESS TERMS

(This Schedule forms an integral part of the Terms of Service and governs the Customer's access to and use of Beta Features, Preview Services, Experimental Features and Early Access Programs offered by the Company.)

1. Purpose

1.1 This Schedule governs the Customer's access to and use of Beta Features, Preview Services, Experimental AI capabilities, Early Access Programs and other pre-release functionalities made available by the Company.

1.2 Participation in any Beta Program is voluntary and subject to this Schedule, the Terms of Service and any additional programme-specific requirements communicated by the Company.

2. Definitions

For the purposes of this Schedule:

(a) "Beta Feature" means any feature, functionality, API, AI model, integration, workflow or service designated by the Company as beta, preview, pilot, experimental, early access or by any similar designation.

(b) "Feedback" means suggestions, comments, bug reports, recommendations, enhancement requests or other information provided by the Customer regarding a Beta Feature.

3. Access to Beta Features

3.1 The Company may, at its sole discretion, invite or permit Customers to access Beta Features.

3.2 Beta Features may be offered free of charge or subject to separate commercial terms.

3.3 The Company reserves the right to determine eligibility for participation in any Beta Program.

4. Nature of Beta Features

The Customer acknowledges that Beta Features:

(a) are under development;

(b) may contain errors, bugs or defects;

(d) may not operate without interruption;

(e) may have limited functionality;

(f) may be discontinued at any time; and

(g) are provided solely for evaluation and testing purposes.

5. Permitted Use

The Customer may use Beta Features solely for its internal business evaluation and testing purposes and shall not:

(a) use Beta Features in violation of Applicable Laws;

(b) rely exclusively upon Beta Features for mission-critical operations without appropriate safeguards;

(d) misrepresent Beta Features as commercially released products.

6. Customer Responsibilities

The Customer agrees to:

(a) test Beta Features responsibly;

(b) report reproducible defects where reasonably practicable;

(d) maintain appropriate backups of Customer Data; and

(e) review AI-generated outputs before use where Beta Features involve AI functionality.

7. Feedback

7.1 The Customer may voluntarily provide Feedback regarding Beta Features.

7.2 Feedback may be used by the Company to improve its products and services.

7.3 Unless otherwise agreed in writing, the Customer grants the Company a perpetual, worldwide, non-exclusive, royalty-free, irrevocable licence to use, modify, analyse and incorporate Feedback without restriction or compensation.

8. Changes and Discontinuation

8.1 The Company may modify, suspend or discontinue any Beta Feature at any time without prior notice.

8.2 The Company shall have no obligation to release any Beta Feature as part of the commercial Services.

8.3 Beta Features may be replaced, withdrawn or substantially altered before general availability.

9. Confidentiality

9.1 Information relating to non-public Beta Features, including documentation, screenshots, technical specifications, performance information and unreleased functionality, shall be treated as Confidential Information.

9.2 The Customer shall not disclose such information to any third party without the Company's prior written consent unless disclosure is required by Applicable Law.

10. No Service Levels

Beta Features are provided outside the scope of the Service Level Agreement unless expressly agreed in writing.

The Company makes no commitment regarding:

(a) availability;

(b) uptime;

(d) maintenance windows; or

(e) service credits.

11. Disclaimer of Warranties

Beta Features are provided "AS IS" and "AS AVAILABLE".

To the fullest extent permitted by Applicable Law, the Company disclaims all warranties, whether express, implied or statutory, including warranties of merchantability, fitness for a particular purpose, satisfactory quality, non-infringement and uninterrupted operation.

12. Limitation of Liability

To the fullest extent permitted by Applicable Law:

(a) the Customer assumes all risks associated with the use of Beta Features;

(b) the Company shall not be liable for any loss of data, business interruption, indirect, incidental, consequential, special or punitive damages arising from Beta Features; and

(c) any liability of the Company relating to Beta Features shall remain subject to the limitation of liability provisions contained in the Terms of Service.

13. Intellectual Property

All intellectual property rights in Beta Features, including software, AI models, algorithms, documentation, interfaces, designs and related materials, remain the exclusive property of the Company or its licensors.

Nothing in this Schedule grants the Customer any ownership rights beyond the limited right to use the Beta Features during the applicable Beta Program.

14. Data Processing

Where Beta Features involve the Processing of Personal Data, such Processing shall remain subject to the Terms of Service, the Privacy Policy, the Data Processing Agreement (Schedule C) and Applicable Privacy Laws.

15. Termination of Participation

The Company may suspend or terminate the Customer's participation in any Beta Program immediately if:

(a) the Customer breaches this Schedule or the Terms of Service;

(b) continued participation presents a security, legal or operational risk;

(d) the Company otherwise determines, acting reasonably, that termination is necessary.

Termination of participation shall not affect any accrued rights or obligations.

16. Survival

The provisions relating to confidentiality, intellectual property, feedback, disclaimers, limitation of liability, data protection and all obligations intended by their nature to survive shall continue in effect following termination of the Customer's participation in any Beta Program.

SCHEDULE K

SECURITY INCIDENT RESPONSE AND VULNERABILITY DISCLOSURE POLICY

(This Schedule forms an integral part of the Terms of Service and establishes the Company's framework for identifying, responding to and managing Security Incidents affecting the Services.)

1. Purpose

1.1 This Schedule establishes the Company's procedures for the identification, assessment, containment, investigation, remediation and notification of Security Incidents affecting the Platform or Customer Data.

1.2 The Company shall maintain commercially reasonable incident response capabilities appropriate to the nature, size and complexity of its operations.

2. Definitions

For the purposes of this Schedule:

(a) "Security Incident" means any actual or reasonably suspected event that compromises, or is reasonably likely to compromise, the confidentiality, integrity or availability of the Platform, Customer Data or information systems.

(b) "Vulnerability" means a weakness in software, hardware, infrastructure, configuration or operational processes that could reasonably be exploited to compromise security.

3. Incident Detection

The Company shall maintain commercially reasonable measures to identify Security Incidents, including, where appropriate:

(a) security monitoring;

(b) system and audit logging;

(d) vulnerability assessments;

(e) threat intelligence; and

(f) reports received from Customers, researchers or third parties.

4. Incident Response

Upon becoming aware of a Security Incident, the Company shall, as appropriate:

(a) assess the nature and scope of the incident;

(b) take reasonable measures to contain and mitigate its impact;

(d) implement corrective and preventive measures; and

(e) document the incident and the actions taken.

5. Customer Notification

5.1 Where a confirmed Security Incident materially affects Customer Personal Data or where notification is required by Applicable Law, the Company shall notify the affected Customer without undue delay.

5.2 Such notification may include, where reasonably available:

(a) a description of the incident;

(b) the categories of affected information;

(d) mitigation measures undertaken by the Company; and

(e) recommended actions for the Customer.

5.3 The Company shall not be required to disclose information that would compromise security, violate legal obligations or interfere with an ongoing investigation.

6. Customer Responsibilities

The Customer shall:

(a) promptly report suspected Security Incidents involving the Services;

(b) cooperate with reasonable requests during incident investigations;

(d) preserve relevant evidence where reasonably practicable; and

(e) implement appropriate safeguards within its own systems and networks.

7. Vulnerability Disclosure

7.1 The Company encourages responsible disclosure of suspected Vulnerabilities affecting the Services.

7.2 Persons reporting Vulnerabilities should:

(a) act in good faith;

(b) avoid exploiting the Vulnerability beyond what is reasonably necessary to demonstrate its existence;

(d) avoid disrupting the availability or performance of the Services; and

(e) promptly provide sufficient information to enable investigation.

7.3 The Company may investigate reported Vulnerabilities and, where appropriate, implement corrective measures within a commercially reasonable timeframe.

8. Cooperation

The Parties shall cooperate in good faith to investigate Security Incidents and implement reasonable mitigation measures, subject to confidentiality obligations, Applicable Laws and legitimate security considerations.

9. Regulatory Compliance

Where required by Applicable Laws, the Company shall support the Customer by providing information reasonably necessary to assist with regulatory notifications or compliance obligations arising from a Security Incident.

Nothing in this Schedule transfers the Customer's independent legal obligations under Applicable Laws.

10. Communications

The Company may determine the timing, content and method of communications relating to a Security Incident, provided that any legally required notifications to affected Customers are made in accordance with Applicable Laws and contractual obligations.

11. Recordkeeping

The Company may maintain records of Security Incidents, investigations, remediation measures and related communications for operational, legal, audit and compliance purposes in accordance with its record retention practices.

12. Policy Updates

The Company may amend this Schedule from time to time to reflect changes in technology, cybersecurity threats, legal requirements or operational practices.

Material changes shall be communicated in accordance with the Terms of Service.

13. Limitation of Liability

Nothing in this Schedule expands or limits either Party's liability beyond the provisions set out in the Terms of Service.

The Company's obligations under this Schedule are subject to the limitations, exclusions and disclaimers contained in the Terms of Service.

14. Survival

This Schedule shall survive the termination or expiration of the Terms of Service to the extent necessary to:

(a) complete any ongoing Security Incident investigation;

(b) fulfil legal or regulatory obligations;

(d) enforce any rights or obligations that by their nature are intended to survive termination.