Terms of Service and Legal Agreements.

Part I: Terms of Service

Section 1: Definitions

For the purposes of these Terms of Service, the following definitions apply:

• "Acceptable Use Policy" or "AUP" means the Company's policy governing permitted and prohibited uses of the Services, as set forth in Exhibit A.
• "AI Features" means artificial intelligence and machine learning functionalities embedded in THE DASHBOARD that generate insights, recommendations, summaries, or other outputs, including but not limited to the chat assistant, daily intelligence briefings, podcast generation, and content extraction features.
• "Company," "we," "us," or "our" means I Hate Marketing LLC, a Delaware limited liability company.
• "Confidential Information" means all non-public information disclosed by one party to the other that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure.
• "Customer," "you," or "your" means the entity or individual who has accessed, registered for, or is using THE DASHBOARD.
• "Customer Content" means all data, information, text, files, or other materials submitted to, stored in, or processed through THE DASHBOARD by Customer or Users.
• "Order Form" means any written or electronic ordering document executed between Company and Customer referencing these Terms.
• "Service Level Agreement" or "SLA" means the Company's service availability and support commitments, as set forth in Exhibit C.
• "Services" means THE DASHBOARD platform and any related features, tools, support, or ancillary offerings provided by the Company.
• "THE DASHBOARD" means the Company's proprietary SaaS platform that enables Customers to connect sales, marketing, and service tools via APIs into a unified interface, including all AI-assisted features, modules, integrations, and updates thereto.
• "User" means any individual authorized by Customer to access and use THE DASHBOARD under Customer's account.

Section 2: Agreement and Acceptance

These Terms of Service ("Terms") constitute a legally binding agreement between you and I Hate Marketing LLC. By creating an account, clicking "I Agree," accessing THE DASHBOARD, or otherwise using the Services, you represent that:

• (a) You have the legal authority to enter into this agreement on behalf of yourself or the entity you represent;
• (b) You are at least 18 years of age;
• (c) You accept and agree to these Terms in their entirety, including the Acceptable Use Policy (Exhibit A), the Service Level Agreement (Exhibit C), and the Intellectual Property & Feature Development Policy (Exhibit E); and
• (d) You expressly consent to the automatic renewal provisions described in Section 6.2, including the associated fees and renewal terms.

These Terms supersede all prior discussions, representations, or agreements, whether written or oral, between you and the Company regarding the Services. Customer agrees that its purchases are neither contingent on the delivery of any future functionality or features, nor dependent on any oral or written public comments made by Company regarding future functionality or features.

2.1 Consent Records

Company maintains records of each Customer's acceptance of these Terms, including the version accepted, the date and time of acceptance, and a unique identifier associated with the accepting account. These records are retained for a minimum of three (3) years or one (1) year following the end of the subscription, whichever is longer.

2.2 Electronic Communications Consent

By accepting these Terms, Customer consents to receive communications from Company electronically, including notices, agreements, disclosures, renewal reminders, and other communications. Customer agrees that all agreements, notices, disclosures, and other communications that Company provides electronically satisfy any legal requirement that such communications be in writing.

Section 3: Order of Precedence

In the event of a conflict between the documents forming this agreement, the following order of precedence shall apply (from highest to lowest priority): (a) the applicable Order Form; (b) the Data Processing Agreement (Exhibit B), solely with respect to data protection matters; (c) these Terms of Service; (d) the Service Level Agreement (Exhibit C); (e) the Acceptable Use Policy (Exhibit A); (f) the API Terms of Use (Exhibit D); (g) the Intellectual Property & Feature Development Policy (Exhibit E); and (h) the Privacy Policy.

Section 4: License Grant and Restrictions

4.1 Limited License

Subject to Customer's compliance with these Terms and payment of applicable fees, Company grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use THE DASHBOARD solely for Customer's internal business operations during the applicable subscription term. Customer is responsible for all acts and omissions of its Users and for ensuring that all Users comply with these Terms.

4.2 Restrictions

Customer shall not, and shall not permit any User or third party to:

• (e) Copy, modify, create derivative works of, distribute, sell, resell, sublicense, or otherwise exploit THE DASHBOARD or any component thereof;
• (f) Reverse engineer, decompile, disassemble, or attempt to extract the source code of THE DASHBOARD;
• (g) Access THE DASHBOARD for the purpose of building a competitive product or service;
• (h) Remove, alter, or obscure any proprietary notices, branding, or labels;
• (i) Use the Services for any purpose that violates applicable law or the Acceptable Use Policy;
• (j) Share account credentials or allow access to THE DASHBOARD by unauthorized third parties;
• (k) Attempt to circumvent, disable, or interfere with security features of THE DASHBOARD;
• (l) Use automated tools (scrapers, bots, crawlers) to extract data from THE DASHBOARD, except via Company-authorized APIs;
• (m) Use THE DASHBOARD to train artificial intelligence or machine learning models without Company's prior written consent;
• (n) Access data belonging to any other Customer or attempt to access another Customer's dashboard, database, or credentials;
• (o) Use the AI Features to generate harmful content, evade upstream provider usage policies, or extract data belonging to other Customers; or
• (p) Use the Services to make decisions that have legal or significant effects on individuals without appropriate human review as required by applicable law.

Section 5: AI Features — Acknowledgment of Risk

5.1 Nature of AI Outputs

THE DASHBOARD's AI Features generate outputs — including but not limited to insights, recommendations, summaries, predictions, intelligence briefings, and podcast content — based on patterns in data. These outputs are probabilistic and inherently uncertain, and may contain inaccuracies, errors, or "hallucinations." Company makes no representation or warranty that any AI output is accurate, complete, current, fit for any particular purpose, or free from bias. AI outputs may not be unique across users and may be similar or identical to outputs generated for other Customers.

5.2 Customer Responsibility for AI Outputs

Customer assumes sole and complete responsibility for all decisions made based on or in reliance upon AI Features. Customer shall independently verify any AI output before acting upon it. Under no circumstances shall Company be liable for any harm, loss, or damage resulting from Customer's reliance on AI-generated content. Customer shall maintain human review and oversight of all AI outputs before taking any material business action based thereon.

5.3 No Professional Advice

AI outputs generated by THE DASHBOARD do not constitute legal, financial, medical, sales or selling, marketing, or any other form of professional advice. AI outputs should never be relied upon as the sole basis for business, legal, financial, medical, or any consequential decisions. Customer should consult qualified professionals before making material business decisions.

5.4 AI-Generated Content and Intellectual Property

Customer acknowledges that AI-generated outputs may not qualify for copyright protection or other intellectual property rights under applicable law without sufficient human creative contribution. Company makes no representation regarding the copyrightability or protectability of AI-generated outputs. Customer is solely responsible for determining whether and how AI outputs may be used, published, or relied upon.

5.5 Data Used by AI

By enabling AI Features, Customer consents to the processing of Customer Content by the Company's AI systems. The chat assistant executes read-only queries against Customer's dedicated database; query results are transmitted to the AI sub-processor solely for the purpose of generating responses. Customer represents and warrants that it has all necessary rights and consents to submit such data for AI processing.

5.6 AI Training Opt-Out

Company may use de-identified, aggregated, or anonymized data derived from Customer's use of the AI Features to train and improve its AI models. Customer may opt out of having its data used for AI model training by submitting a written request to [email protected] or by adjusting the applicable setting within THE DASHBOARD account settings. Upon receipt of a valid opt-out request, Company will cease using Customer's data for model training purposes within thirty (30) days or sooner where required by applicable law. Opting out of AI training does not affect the availability or functionality of AI Features for Customer's use.

5.7 Sensitive Data Restrictions

Customer shall not submit to the AI Features any data that constitutes: (a) protected health information as defined by HIPAA; (b) financial account numbers, social security numbers, or government-issued identification numbers; (c) data concerning racial or ethnic origin, political opinions, religious beliefs, trade union membership, genetic or biometric data, or data concerning sex life or sexual orientation; or (d) any data subject to heightened regulatory protection that Customer has not been expressly authorized by Company in writing to process through the AI Features.

5.8 AI Sub-Processors

AI Features are delivered through third-party AI infrastructure providers. As of the Effective Date, AI processing is performed through AWS Bedrock infrastructure, and Customer Content processed by AI Features does not leave the AWS environment or reach third-party AI providers' servers directly. The current AI sub-processors are identified in the Sub-Processor List maintained by Company.

5.9 AI Feature Availability

Company reserves the right to modify, suspend, or discontinue AI Features at any time, including in response to changes in third-party AI provider terms, capabilities, or availability. Changes to AI Features are not subject to the uptime commitments in the SLA unless otherwise specified. Company will use commercially reasonable efforts to provide thirty (30) days' notice before discontinuing a material AI Feature.

5.10 Compliance with AI Laws

Customer is solely responsible for ensuring that its use of AI Features complies with all applicable laws and regulations, including but not limited to the EU Artificial Intelligence Act, the Colorado Artificial Intelligence Act, and any other applicable AI governance legislation. Where applicable law requires disclosure that content was generated by an AI system, or requires human oversight of AI-assisted decisions, Customer shall be solely responsible for compliance with such requirements.

Section 6: Fees, Payment, and Renewal

6.1 Fees

Customer agrees to pay all fees set forth in the applicable Online Order Form or as displayed in Company's pricing page, checkout page, or applicable Online Order Form at the time of purchase. All fees are quoted and payable in U.S. dollars. Fees are non-refundable except as expressly stated herein or required by applicable law.

6.2 Automatic Renewal

Unless Customer provides written notice of non-renewal at least thirty (30) days prior to the end of the then-current subscription term, the subscription will automatically renew for successive terms of equal duration at the then-current pricing. Company reserves the right to adjust pricing upon renewal with thirty (30) days' notice prior to the start of the renewal term. Company will send Customer a renewal reminder notification via email between fifteen (15) and forty-five (45) days prior to the cancellation deadline for annual subscription terms, which will include: (a) a description of the Services being renewed; (b) the renewal fee amount and frequency; and (c) clear instructions on how to cancel, including a link to the online cancellation mechanism described in Section 6.6.

6.3 Late Payments

Overdue amounts bear interest at the lesser of 1.5% per month or the maximum rate permitted by law. Company may suspend access to THE DASHBOARD for non-payment in accordance with Section 13.2. Customer shall reimburse Company for all reasonable costs incurred in collecting overdue amounts, including attorneys' fees.

6.4 Taxes

All fees are exclusive of applicable taxes. Customer is responsible for all sales, use, VAT, and similar taxes arising from the transaction, excluding taxes on Company's income.

6.5 Free Trials and Freemium Access

Company may offer free trial periods or freemium tiers of THE DASHBOARD at its sole discretion. Free trials and freemium access are subject to these Terms. Company may limit features, storage, usage, or Users during any free trial or freemium period. At the end of a free trial, unless Customer subscribes to a paid plan, access to the Services may be suspended or terminated and Customer Content may be deleted after thirty (30) days. Free trial and freemium offerings are provided "as is" and without any warranties or indemnities of any kind. Company reserves the right to modify or discontinue free trial or freemium offerings at any time without prior notice.

6.6 Cancellation

Customer may cancel its subscription at any time through the self-service cancellation mechanism available in the account settings within THE DASHBOARD (available under Account Settings > Subscription > Cancel). If Customer originally subscribed online, Customer may cancel exclusively online, at will, without engaging any further steps that obstruct or delay the cancellation. Cancellation takes effect at the end of the then-current subscription term.

Section 7: Ownership and Intellectual Property

7.1 Company IP

Company retains all right, title, and interest in and to THE DASHBOARD, including all software, algorithms, AI models, infrastructure, documentation, branding, and improvements thereto. No rights are granted to Customer except the limited license expressly set forth in Section 4. Customer acknowledges that THE DASHBOARD embodies valuable trade secrets and proprietary information of Company.

7.2 Customer Content

As between the parties, Customer retains ownership of Customer Content. Customer grants Company a worldwide, royalty-free, non-exclusive license to process, store, transmit, and display Customer Content solely as necessary to provide the Services and as permitted under the Privacy Policy.

7.3 Feedback

If Customer provides any feedback, suggestions, or ideas regarding the Services ("Feedback"), except to the extent Feedback contains Customer Confidential Information, Customer hereby assigns to Company all right, title, and interest in and to such Feedback without any obligation of compensation or attribution. Company has no obligation to act on any Feedback. No employee is authorized to make binding promises regarding feature development.

7.4 Aggregate and Anonymized Data

Company may collect, use, and disclose anonymized and aggregated data derived from Customer's use of the Services for its own business purposes, including improving the Services, benchmarking, and analytics, provided that such data does not identify Customer, any User, or any individual. As between the parties, Company owns all right, title, and interest in such aggregated and anonymized data.

7.5 Publicity and Logo Usage

Customer grants Company the right to identify Customer as a customer of THE DASHBOARD and to use Customer's name and logo on Company's website and in marketing materials. Customer may opt out of this right at any time by sending written notice to [email protected], and Company will remove Customer's name and logo within thirty (30) days.

Section 8: Confidentiality

Each party agrees to maintain the confidentiality of the other party's Confidential Information using at least the same degree of care used to protect its own confidential information, but in no event less than reasonable care. Each party shall use the other party's Confidential Information solely as necessary to exercise its rights or perform its obligations under these Terms. These obligations do not apply to information that is: (a) publicly known without breach; (b) independently developed; (c) received from a third party without restriction; or (d) required to be disclosed by law, provided the receiving party provides prompt notice and reasonable cooperation to allow the disclosing party to seek protective relief. Customer acknowledges that the architecture, source code, pricing, and product roadmap of THE DASHBOARD constitute Confidential Information of Company. All personnel of each party with access to Confidential Information shall be bound by confidentiality obligations no less protective than those set forth herein. Confidentiality obligations shall survive termination of these Terms for a period of three (3) years, except that obligations with respect to trade secrets shall continue for as long as the information remains a trade secret under applicable law.

Section 9: Service Levels and Support

Company shall use commercially reasonable efforts to make THE DASHBOARD available in accordance with the uptime commitments set forth in the Service Level Agreement (Exhibit C). In the event Company fails to meet the service availability targets, Customer's sole and exclusive remedy shall be service credits as described in the SLA, if any, except that Customer may also exercise any termination right expressly set forth in the SLA, if any. Company will use commercially reasonable efforts to provide at least forty-eight (48) hours' advance notice for scheduled maintenance. Emergency maintenance necessary to protect the security or integrity of the Services may be performed without advance notice.

Section 10: Warranties and Disclaimers

10.1 Company Limited Warranty

Company warrants that THE DASHBOARD will perform materially in accordance with its published documentation during the subscription term. Customer's sole and exclusive remedy for breach of this warranty is for Company to use commercially reasonable efforts to correct the non-conformance, and if Company cannot do so within sixty (60) days, Customer may terminate the applicable Order Form and receive a pro-rated refund of prepaid fees for the unused portion of the then-current subscription term.

10.2 Mutual Warranty of Authority

Each party represents and warrants that it has the full right, power, and authority to enter into and perform its obligations under these Terms, and that the execution, delivery, and performance of these Terms does not conflict with any other agreement to which such party is bound.

10.3 Disclaimer of Warranties

Section 11: Limitation of Liability

11.1 Exclusion of Consequential Damages

To the maximum extent permitted by applicable law, in no event shall either party, its officers, members, employees, agents, or suppliers be liable to the other party or any third party for any indirect, incidental, special, consequential, punitive, or exemplary damages, including lost profits, lost revenue, loss of data, loss of goodwill, or cost of substitute goods or services, even if such party has been advised of the possibility of such damages.

11.2 General Liability Cap

Except for the Excluded Claims set forth in Section 11.4, each party's total cumulative liability to the other party arising out of or related to these Terms or the Services, regardless of the form of action or theory of liability, shall not exceed the total fees paid or payable by Customer to Company in the twelve (12) months preceding the event giving rise to the claim. This cap is aggregate and not per-incident.

11.3 Enhanced Liability Cap for Data Security Breaches

Notwithstanding Section 11.2, Company's total cumulative liability arising from a breach of its data security obligations under these Terms or the Data Processing Agreement (a "Data Security Breach," meaning the unauthorized access to, acquisition of, or disclosure of Customer Content or personal data resulting from Company's material failure to implement and maintain the security measures required under these Terms or the DPA, excluding incidents caused by Customer, Customer's Users, Customer's systems, or third parties not under Company's reasonable control despite Company's compliance with such required security measures) shall not exceed two (2) times the total fees paid or payable by Customer to Company in the twelve (12) months preceding the event giving rise to the claim.

11.4 Excluded Claims

The limitations set forth in Sections 11.1 and 11.2 shall not apply to: (a) either party's indemnification obligations under Section 12; (b) Customer's payment obligations; (c) either party's liability for fraud, gross negligence, or willful misconduct; or (d) any liability that cannot be limited under applicable law.

11.5 Basis of the Bargain

The limitations in this Section reflect a reasonable allocation of risk between the parties. Customer acknowledges that Company would not have entered into this agreement without these limitations.

Section 12: Indemnification

12.1 Customer Indemnification

Customer shall indemnify, defend, and hold harmless Company, its members, officers, employees, agents, and successors from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• (q) Customer's use of the Services in violation of these Terms;
• (r) Customer Content, including any claim that Customer Content infringes third-party intellectual property or privacy rights;
• (s) Customer's violation of any applicable law or regulation;
• (t) Customer's reliance on AI outputs or third-party integrations; or
• (u) Any acts or omissions of Customer's Users.

12.2 Company Indemnification

Company shall indemnify, defend, and hold harmless Customer, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of any third-party claim that THE DASHBOARD, as provided by Company and used by Customer in accordance with these Terms, infringes or misappropriates any third-party U.S. intellectual property rights (an "IP Claim"). This Section 12.2 states Company's sole and exclusive obligation, and Customer's sole and exclusive remedy, with respect to any IP Claim.

12.3 Company Remediation for IP Claims

In the event of an IP Claim, or if Company reasonably believes that an IP Claim is likely, Company may, at its sole option and expense: (a) procure for Customer the right to continue using the affected Service; (b) modify or replace the affected Service to make it non-infringing without materially diminishing its functionality; or (c) if neither (a) nor (b) is commercially practicable, terminate the affected Order Form and provide Customer with a pro-rated refund of prepaid fees for the unused portion of the then-current subscription term.

12.4 Exclusions from Company Indemnification

Company shall have no indemnification obligation for IP Claims arising from: (a) use of the Services in combination with products, services, or technology not provided by Company; (b) modification of the Services by anyone other than Company; (c) Customer Content; (d) use of a non-current version of the Services when an updated version would have avoided the claim; or (e) use of the Services in violation of these Terms.

12.5 Indemnification Procedures

The indemnified party shall: (a) promptly notify the indemnifying party in writing of any claim (provided that failure to provide prompt notice shall only limit the indemnifying party's obligations to the extent it is materially prejudiced); (b) grant the indemnifying party sole control of the defense and settlement of the claim; and (c) provide reasonable cooperation at the indemnifying party's expense. The indemnifying party shall not settle any claim in a manner that imposes obligations on the indemnified party without the indemnified party's prior written consent.

Section 13: Suspension of Services

13.1 Suspension for Prohibited Acts

If Customer materially violates the Acceptable Use Policy or these Terms, Company may suspend Customer's access to the Services upon written notice specifying the nature of the violation. Customer shall have ten (10) days from receipt of such notice to cure the violation.

13.2 Suspension for Non-Payment

If any amount owed by Customer is overdue, Company may suspend Customer's access to the Services upon ten (10) days' written notice. Suspension does not relieve Customer of its obligation to pay outstanding fees.

13.3 Suspension for Present Harm

Company may immediately suspend Customer's access to the Services without prior notice if Company reasonably determines that Customer's use poses an imminent security threat, could subject Company to liability, or could materially disrupt the Services for other customers. Company will provide notice as soon as reasonably practicable and will limit the scope and duration of any suspension to the minimum extent necessary.

Section 14: Term and Termination

14.1 Term

These Terms commence on the date Customer first accesses the Services and continue until the expiration or termination of all applicable Order Forms.

14.2 Termination for Cause

Either party may terminate these Terms upon written notice if the other party materially breaches these Terms and fails to cure such breach within thirty (30) days of written notice (or ten (10) days for payment defaults).

14.3 Termination by Company

Company may immediately suspend or terminate access to the Services without notice if Customer: (a) violates the AUP in a manner that poses an immediate threat; (b) engages in unlawful conduct; or (c) becomes insolvent or subject to bankruptcy proceedings.

14.4 Termination for Convenience

Customer may terminate any Order Form for convenience upon thirty (30) days' written notice to Company. Customer shall not be entitled to a refund of prepaid fees but shall have no obligation to pay fees for periods following termination.

14.5 Effect of Termination and Data Export

Upon termination: (a) all licenses immediately cease; (b) Customer must cease using the Services; (c) Company shall make Customer Content available for export in standard, machine-readable formats (e.g., CSV, JSON) for thirty (30) days; (d) after the export period, Company may delete Customer Content, including from backups within the next rotation cycle (maximum ninety (90) days); and (e) all accrued payment obligations survive. A deletion certificate is available upon written request. Company's obligation to provide export functionality survives termination, but any non-standard migration, extraction, or transition assistance will be subject to Company's then-current professional services fees.

14.6 Refund upon Termination for Cause

If Customer terminates due to Company's uncured material breach, Company shall refund a pro-rated portion of any prepaid fees for the unused remainder of the then-current subscription term.

14.7 Survival

The following Sections survive termination or expiration of these Terms: Sections 1 (Definitions), 5 (AI Features — Acknowledgment of Risk), 6.1 through 6.4 (Fees and Payment Obligations), 7 (Ownership and Intellectual Property), 8 (Confidentiality), 10 (Warranties and Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), 14.5 (Effect of Termination and Data Export), 14.6 (Refund upon Termination for Cause), and 15 (General Provisions). In addition, any provision of these Terms that, by its nature or express terms, should reasonably survive termination or expiration — including obligations that have accrued prior to termination, representations and warranties made as of the effective date, and any remedy for breach occurring before termination — shall survive regardless of whether it is expressly listed above.

Section 15: General Provisions

15.1 Governing Law and Jurisdiction

These Terms are governed by the laws of the State of Michigan, without regard to conflict of laws principles.

15.2 Dispute Resolution and Arbitration

Any dispute arising out of or relating to these Terms shall be determined by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules, conducted by a single arbitrator in Michigan. This clause shall not preclude either party from seeking provisional remedies from a court of competent jurisdiction.

15.3 Waiver of Class Action and Jury Trial

Customer waives any right to bring any claim against Company as a class or representative action. All disputes shall be resolved on an individual basis. Customer further waives any right to a trial by jury in any action arising under or related to these Terms. This waiver does not apply to the extent prohibited by applicable consumer protection law.

15.4 Arbitration Opt-Out

Customer may opt out of arbitration by sending written notice to [email protected] within thirty (30) days of first accepting these Terms.

15.5 Modification of Terms

Company reserves the right to modify these Terms at any time. Material changes will be communicated at least thirty (30) days prior to taking effect. For material changes, Company will present a re-acceptance prompt within THE DASHBOARD. If Customer does not agree, Customer's sole remedy is to stop using the affected Services and, if Customer notifies Company before the change takes effect, terminate the affected subscription as of the effective date of the change and receive a pro-rated refund of prepaid fees for the unused portion of the then-current subscription term for the affected Services.

15.6 Force Majeure

Neither party is liable for any failure to perform resulting from causes beyond its reasonable control, including acts of God, government actions, internet or infrastructure outages, third-party service failures, pandemics, or cyberattacks. During any force majeure event, Company shall use commercially reasonable efforts to maintain continuity of the Services.

15.7 Disaster Recovery

Company shall maintain commercially reasonable disaster recovery and business continuity procedures including daily encrypted backups (retained on a 7 daily / 4 weekly / 3 monthly cycle), redundant infrastructure, off-host backup storage, and documented recovery plans designed to support a Recovery Time Objective of four (4) hours and a Recovery Point Objective of twenty-four (24) hours. Company shall test its disaster recovery procedures no less than annually.

15.8 Export Compliance and Sanctions

Customer represents and warrants that: (a) Customer is not located in any country subject to comprehensive U.S. economic sanctions; (b) Customer is not listed on any U.S. government restricted-parties list, including OFAC SDN and BIS Entity lists; and (c) Customer will not use the Services in violation of any applicable export control laws or sanctions regulations.

15.9 Compliance with Laws

Each party shall comply with all applicable laws, including anti-corruption and anti-bribery laws (including the U.S. Foreign Corrupt Practices Act), data protection laws, and export control laws.

15.10 Notices

Routine operational notices may be delivered via email or in-product notification. Legal notices under these Terms must be sent by email to [email protected] for Company, and to the billing or account email address associated with Customer's account or any other email address designated by Customer in writing for legal notices. Notices are deemed given on confirmed receipt, or, if no delivery failure notice is received, on the first business day after transmission.

15.11 Entire Agreement

These Terms, together with all Order Forms, the Privacy Policy, and Exhibits A through E, constitute the entire agreement between the parties and supersede all prior agreements.

15.12 Severability

If any provision is found invalid, it shall be modified to the minimum extent necessary to make it enforceable while preserving intent, and all other provisions remain in full force.

15.13 Waiver

Company's failure to enforce any right shall not constitute a waiver of such right. Any waiver must be in writing.

15.14 Assignment

Customer may not assign these Terms without Company's prior written consent. Company may assign in connection with a merger, acquisition, or sale of assets upon thirty (30) days' notice, provided the assignee assumes all obligations.

15.15 Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

15.16 DMCA and Copyright Policy

Company respects intellectual property rights. Copyright infringement notices may be submitted to Company's designated DMCA agent (the "Copyright Agent") at [email protected] in compliance with 17 U.S.C. Section 512. If you believe that content made available through the Service infringes your copyright, you may submit a written notice to the Copyright Agent that includes all of the following:

• (v) A physical or electronic signature of the person authorized to act on behalf of the copyright owner;
• (w) Identification of the copyrighted work claimed to have been infringed;
• (x) Identification of the material that is claimed to be infringing and information reasonably sufficient to permit Company to locate it (e.g., a URL);
• (y) Your contact information, including name, address, telephone number, and email address;
• (z) A statement that you have a good faith belief that use of the material is not authorized by the copyright owner, its agent, or the law; and
• (aa) A statement, made under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner.

Notices that do not comply with these requirements may not receive a response.

If you believe material was removed or disabled as a result of mistake or misidentification, you may submit a counter-notification to the Copyright Agent that includes:

• (bb) Your physical or electronic signature;
• (cc) Identification of the material that was removed and the location where it appeared before removal;
• (dd) A statement under penalty of perjury that you have a good faith belief the material was removed by mistake or misidentification;
• (ee) Your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal court in Michigan and that you will accept service of process from the person who submitted the original notice.

Company reserves the right to terminate, in appropriate circumstances, the accounts of users who are repeat infringers of third-party copyrights. Nothing herein limits any other rights Company may have under applicable law.

15.17 Government Customers

If Customer is a government entity, the Services constitute "commercial computer software" under applicable federal acquisition regulations. Any additional terms required by procurement law shall be addressed in a separate addendum.

15.18 Non-Solicitation

During the term and for twelve (12) months following termination, neither party shall directly or indirectly solicit for employment any employee of the other party with whom such party has had material contact in connection with the Services, without the other party's prior written consent. This restriction does not apply to general recruitment advertising.

15.19 Contact

Questions regarding these Terms may be directed to: I Hate Marketing LLC, Legal Department, [email protected].

Part II: Intellectual Property & Feature Development Policy (Exhibit E)

This Policy sets forth the rights regarding Company's exclusive ownership of THE DASHBOARD. It supplements the Terms of Service.

Company Ownership

THE DASHBOARD — including source code, algorithms, AI models, UI designs, workflows, integrations, APIs, documentation, branding, and all modifications — is the exclusive property of I Hate Marketing LLC. All improvements, whether developed independently or in response to customer feedback, are owned exclusively by Company.

Customer Feedback and Assignment

As set forth in Section 7.3, Customer assigns all right, title, and interest in any Feedback to Company, except to the extent Feedback contains Customer Confidential Information. Company has no obligation to act on any Feedback, and no employee is authorized to make binding promises regarding feature development.

Feature Development and Shared-Platform Model

Company retains absolute discretion over all product development decisions. THE DASHBOARD is a multi-tenant platform; features are made available to all Customers. No customer is owed exclusivity, compensation, or credit for a suggestion that becomes a feature.

Part III: Privacy Policy

I Hate Marketing LLC respects your privacy and is committed to responsible data practices. This Privacy Policy describes how we collect, use, disclose, and protect information in connection with THE DASHBOARD.

Information We Collect

We collect: account and registration information (name, email, company, phone, job title, billing); Customer Content and data synced from third-party tools; usage and technical data (IP address, browser type, pages visited, API call logs); communications with support; and AI Feature data (inputs provided and outputs generated).

Sources of Information

We collect personal information directly from you and your organization; automatically from your use of the Services and devices interacting with the Services; from Customer-authorized third-party integrations, connected platforms, and data sources; from communications and support interactions; and, where applicable, from service providers, business partners, or publicly available sources.

How We Use Information

We use information to provide the Services, process transactions, authenticate users, provide support, send communications, analyze usage patterns, train AI models using de-identified data (subject to opt-out as described in Section 5.6), comply with legal obligations, detect fraud, and protect rights and safety. Customer Data is not used for marketing, profiling, advertising, or sold to third parties.

How We Disclose Information

We may disclose personal information to our service providers and sub-processors, including hosting and infrastructure providers, analytics and monitoring providers, authentication providers, support providers, AI and search providers used to deliver product features, payment and billing providers, professional advisors, legal or regulatory authorities where required by law, and third parties you authorize through integrations or connected services. We do not sell personal information, and we do not use Customer Data for advertising or cross-context behavioral advertising.

AI Processing

AI processing is performed through AWS Bedrock infrastructure. Customer Content remains within the AWS environment. We do not use identifiable Customer Content to train AI models without explicit consent. We may use de-identified, aggregated, or anonymized data derived from use of AI features to improve and train our AI systems unless a Customer opts out where such opt-out is offered. Any such use is subject to our contractual commitments and applicable law.

Data Security

We implement safeguards including: AWS EC2 instances within a private VPC with no public-facing database endpoints; Amazon RDS with encryption at rest and in transit; automated encrypted backups with point-in-time recovery; per-client database isolation; MFA enforced via Zitadel for every session; SSL/TLS encryption for all traffic; and continuous vulnerability scanning via Aikido.

Data Breach Notification

If we become aware of a confirmed security incident involving personal information for which notification is required under applicable law or our contractual obligations, we will provide notice without undue delay and within the time required by applicable law or contract.

Data Retention

Analytics snapshots and customer-generated content: duration of subscription. User account data: subscription plus thirty (30) days. Audit logs: thirteen (13) months rolling. AI chat history: ninety (90) days. Operational logs: thirty (30) days. Backups: 7 daily / 4 weekly / 3 monthly cycle. A deletion certificate is available on request.

Data Portability and Export

Customer may export data at any time in standard formats (CSV, JSON). Standard turnaround for a full export: ten (10) business days. Upon termination, Customer has thirty (30) days to export.

International Data Transfers

Applicable transfer mechanisms including EU Standard Contractual Clauses, UK International Data Transfer Agreement or UK Addendum, Swiss-approved SCCs, and Brazilian LGPD mechanisms are addressed in the Data Processing Agreement (Exhibit B).

Your Rights

Depending on jurisdiction, you may have rights to access, correct, delete, restrict processing, data portability, opt out of sale/sharing (CCPA/CPRA), and withdraw consent. Contact: [email protected]. Company honors Global Privacy Control (GPC) signals where required. If we process personal information solely on behalf of a Customer, we may direct your request to the relevant Customer.

US State Privacy Laws

Company complies with applicable state privacy laws including CCPA/CPRA, Virginia VCDPA, Colorado CPA, Connecticut CTDPA, Texas TDPSA, Maryland MODPA, and others as they become effective. We do not sell personal information.

Cookies, Children's Privacy, and Changes

THE DASHBOARD may use cookies, pixels, SDKs, local storage, and similar technologies to operate the Services, remember preferences, authenticate users, maintain security, measure usage, improve performance, and, where applicable, support analytics. You can control certain cookies and similar technologies through your browser or device settings, subject to any in-product controls we may make available. The Services are not directed to children under 13, and we do not knowingly collect personal information online from children under 13, and purchase of our Services by children under 13 years of age is forbidden. Material changes to this Policy will be communicated at least thirty (30) days before taking effect.

Part IV: Exhibits

Exhibit A — Acceptable Use Policy

This AUP defines permitted and prohibited uses of THE DASHBOARD and is incorporated into the Terms of Service.

Permitted Use

The Service is licensed solely for Customer's internal business purpose and not for resale for viewing, analyzing, and managing Customer's own marketing, sales, and analytics data, and public industry news made available through the Service.

Customer is responsible for all activity occurring under its account, including the acts and omissions of its Users, agents, contractors, automations, and any other person or system accessing the Service through Customer's credentials or environment.

Prohibited Uses

Customer shall not use the Services to:

• (ff) Violate any applicable law or regulation;
• (gg) Access data belonging to another Customer;
• (hh) Reverse engineer or circumvent security controls;
• (ii) Probe, scan, assess the vulnerability of, or test security without authorization;
• (jj) Transmit, generate, store, publish, or distribute unlawful, fraudulent, deceptive, defamatory, harassing, abusive, infringing, or privacy-violating content;
• (kk) Send spam, phishing, or deceptive communications;
• (ll) Distribute malware or malicious code;
• (mm) Attempt unauthorized access to systems;
• (nn) Interfere with integrity or performance of the Services;
• (oo) Harvest personal information without consent;
• (pp) Impose unreasonable infrastructure load or otherwise interfere with the availability, integrity, security, or normal operation of the Services or related systems;
• (qq) Use AI Features to extract other Customers' data, generate harmful content, or evade usage policies;
• (rr) Make automated decisions with legal effects without human review, oversight, and any disclosures or safeguards required by applicable law;
• (ss) Use the Services, any output, or any access to the Services to develop, train, benchmark, validate, support, or operate a competing product or service, or to copy the Services' features, functionality, workflows, or user experience;
• (tt) Facilitate illegal activities;
• (uu) Resell or redistribute the Services without consent;
• (vv) Use the Services in a manner that violates, circumvents, or causes Company to violate any third-party platform terms, access restrictions, technical requirements, or usage policies applicable to Customer's integrations, data sources, or connected services; or
• (ww) Submit regulated data to AI Features without written authorization.

Enforcement and Reporting

Company may monitor compliance with this AUP, investigate suspected violations, remove or disable access to content, suspend or restrict access to the Services, or take any other action Company reasonably deems necessary to prevent harm to the Services, Company, other customers, or third parties, with or without notice where warranted by the circumstances. Company may cooperate with law enforcement or other authorities where required by law or reasonably necessary to protect the Services or others. Reports of suspected violations may be sent to [email protected].

Exhibit B — Service Level Agreement

Uptime Commitment

Company targets 99.5% Monthly Uptime Percentage. Downtime excludes: scheduled maintenance (48-hour notice, capped at 4 hours/month); force majeure; Customer-caused issues; upstream third-party API outages (the Service displays the most recent snapshot); DNS issues outside Company's control; and suspension per the Terms.

Service Credits

Less than 99.5% and at or above 99.0%: 5% credit of monthly fees. Less than 99.0% and at or above 98.0%: 10% credit of monthly fees. Less than 98.0%: 25% credit of monthly fees. Maximum credit: 25% of monthly fee. If uptime falls below 95.0% for three or more months in any rolling six (6) month period, Customer may terminate and receive a pro-rated refund. Credits must be requested within thirty (30) days of the outage.

Recovery Objectives

Recovery Time Objective (RTO): 4 hours. Recovery Point Objective (RPO): 24 hours.

Support

Standard business hours: 9:00 AM to 6:00 PM Eastern Time, Monday–Friday. Sev 1 (Critical — Service down): 1 business hour initial response, hourly updates. Sev 2 (High — Major feature broken): 4 business hours, daily updates. Sev 3 (Medium — Minor issue): 2 business days. Sev 4 (Low — Question/request): 5 business days. Enhanced tiers available for additional fee.

Reporting and Changes

Company maintains an internal status dashboard. Material incidents communicated to affected Customers. Changes to the SLA require thirty (30) days' notice; reductions in uptime commitment take effect at next renewal.