Product Terms
Last updated on November 9, 2026
Profound Product-Specific Terms
These are the Product-Specific Terms that apply to the applicable Services, and they (these “Product Terms”; f/k/a “Supplemental Terms”) are incorporated into the agreement for Services between Cooper Square Technologies Inc. (dba Profound) (“Profound”, however referred to in such agreement) and Customer (the “MSA”). Capitalized terms used but not defined in these Product Terms have the meanings given to them in the MSA. Notwithstanding any order-of-precedence provision in the MSA, these Product Terms control over any conflicting term of the MSA, except that the MSA will control over (a) the Agents and Agent Analytics terms below, to the extent the MSA explicitly addresses the Agents Service or the Agent Analytics Service, as applicable, and the substance of the applicable Product Terms related to them, and (b) the General Terms below, to the extent the MSA defines the applicable term or addresses the same subject matter. Nothing in the MSA limits any license granted to Profound in these Product Terms. Profound may add terms as it relates to new products to these Product Terms and they will be deemed to be incorporated herein upon Profound’s notice of such terms, which may be provided within the Profound platform or email. “Agreement” means, collectively, any ordering document (except a Customer purchase order), the MSA, these Product Terms, and any exhibits attached thereto or incorporated therein.
Agents (formerly known as Workflows).
The following terms apply solely if Customer uses the “Agents” Service (or any successor services or products), which includes Profound’s AI Marketer feature (also known as, “AIM”):
1. Agents; Customer Owns Agents Content. The Agents Service may generate or otherwise provide to Customer certain content (including written copy and images) in response to Customer-provided prompts or requests, including content intended to promote or describe Customer’s products, services, or business (“Agents Content”). Agents Content is not included within the definition of Profound Data or Services, and is owned by Customer. Profound hereby assigns to Customer all of Profound’s right, title, and interest, if any, in and to Agents Content.
2. Disclaimers. AGENTS CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. Notwithstanding anything to the contrary in the MSA, Customer acknowledges and agrees that Customer is responsible for reviewing and confirming the accuracy and suitability of Agents Content, and Profound is not liable for Customer’s use of any Agents Content and Profound’s indemnification obligations in the MSA do not apply to Agents Content. Without limiting the foregoing or any disclaimers in the MSA, Customer acknowledges and agrees that Agents Content is not professional advice and may include inaccurate or erroneous information. Due to the nature of the Services and artificial intelligence technologies generally, Agents Content may not be unique and other users of the Services may receive output from the Services that is similar or identical to the Agents Content (and, notwithstanding anything to the contrary, such similar or identical output will not be understood to be Agents Content hereunder). Customer is solely responsible and liable for any necessary disclosures required by applicable law in connection with the use, display, and dissemination of the Agents Content.
3. Indemnity. In addition to Customer’s indemnity obligations in the MSA, Customer will indemnify, defend, and hold harmless Profound from and against any third-party claim, including any damages and costs awarded against Profound (including reasonable attorneys’ fees) or agreed in a settlement resulting from the claim, to the extent related to Customer’s use of Agents Content.
Agent Analytics.
The following terms apply solely if Customer uses the “Agent Analytics” Service (or any successor services or products):
1. Web Log Data. The Services may support integrations with Customer-authorized content delivery networks and other third-party services capable of providing web log data (collectively, “Logging Services”). By authorizing or requesting an integration between a Logging Service and the Services, Customer authorizes Profound to (a) receive data regarding Customer’s web properties (and visitor and user activity thereon) from such Logging Service (“Web Log Data”), and (b) exchange Customer Data with such Logging Service on Customer’s behalf. Logging Services are deemed Third-Party Platforms and Web Log Data are deemed Customer Data pursuant to the MSA. Notwithstanding anything to the contrary, Customer hereby grants Profound a perpetual, irrevocable, royalty-free right and license to use that portion of the Web Log Data related to bot or agentic visitors to improve, develop, and offer Profound’s marketing, products, and services.
Pixel or CAPI.
The following terms apply solely if Customer elects to install a Pixel or a CAPI on its website:
1. Pixel and CAPI deployment and data collection. Profound will provide Customer with, at Customer’s election, (a) a JavaScript code snippet (the "Pixel") for installation on Customer's website, and/or (b) a server-side conversions application programming interface and related credentials (the “CAPI”) through which Customer may transmit data from its own servers to Profound, in each case to enable tracking of visitor interactions for the purpose of conversion reporting and optimization of ads controlled and managed by Customer. Customer is responsible for installing, integrating, and maintaining the Pixel and/or CAPI in accordance with Profound's technical documentation. The Pixel and/or CAPI, as applicable, will collect or receive from visitors to Customer’s website: (i) technical and pseudonymous data, including event names, event types, query parameters, ad identifiers, and referrer information, and (ii) if elected by Customer, personal data, including, in the case of the Pixel, through first-party cookies deployed by the Pixel on Customer's website (the "Cookies") (collectively, and including all such data transmitted by Customer through the CAPI, "Pixel Data”). Pixel Data is deemed Customer Data pursuant to the MSA. Except as set forth in Section 2 below, Profound will use Pixel Data solely to provide Customer with the means to obtain analytics regarding the Pixel Data through the Services.
2. Processing of Pixel Data. With respect to the processing of Pixel Data, Profound certifies and understands that it is a Service Provider or Processor (as defined by applicable law), and that it shall not sell (as defined under applicable law) the Pixel Data and shall not retain, use, or disclose such Pixel Data for any purpose other than for the specific purpose of performing the Services, except as set forth in this Section. Customer agrees that Profound may use Pixel Data to provide any of the Services to Customer, including Agent Analytics or Profound Ads, to the extent Customer has configured such Services for use. Any restriction in the Agreement on providing personal data to Profound does not apply to personal data collected or received through the Pixel or CAPI to the extent elected by Customer. Notwithstanding anything to the contrary in these Product Terms or the MSA, Customer hereby grants Profound a perpetual, irrevocable, worldwide, royalty-free right and license to use Pixel Data that does not constitute personal data under applicable law, including data regarding the activity of bot or agentic visitors to Customer’s website (such as mouse movement, navigation, and interaction patterns) and aggregated or de-identified data, to improve, develop, and offer Profound’s products and services, provided that Profound will not use such data in a manner that identifies Customer or any individual.
3. Customer obligations. Customer represents, warrants, and covenants that, prior to installing the Pixel on its website or transmitting any data through the CAPI, it will update all consumer disclosures, including its website's privacy policy and cookie disclosures to accurately describe: (i) the Pixel and the Cookies (if applicable), including their purposes and duration, and the CAPI (if applicable); (ii) the categories of Pixel Data collected or transmitted; (iii) the sharing of Pixel Data with Profound; and (iv) any other disclosures or consents required by applicable law, including if applicable, any explicit opt-in requirements. Customer acknowledges and agrees that it is solely responsible for compliance with all applicable privacy, data protection, and cookie consent laws and regulations in connection with the deployment of the Pixel on Customer's website and its use of the CAPI, including obtaining any required consents from visitors to Customer's website and ensuring it has all rights necessary to transmit Pixel Data to Profound through the CAPI. While Profound may provide Customer with recommendations and information, and may review certain implementations, nothing herein reduces Customer’s sole obligation and liability for all consumer disclosures. Notwithstanding anything to the contrary herein and/or the MSA, Customer shall indemnify, defend, and hold harmless Profound from and against any third-party claim, including any damages and costs awarded against Profound (including reasonable attorneys’ fees) or agreed in a settlement resulting from a claim arising out of or in connection with Customer’s breach of this Section and no limitation or exclusion of liability will apply to such indemnification obligation.
4. Data Processing Agreement. To the extent Profound is processing personal data, the data processing agreement executed by the parties or, if none, the data processing agreement available at the following link will apply and Pixel Data will be deemed to be included where applicable (https://www.tryprofound.com/legal/data-processing-agreement).
5. Wind-down. Upon expiration or termination of the MSA, Customer will remove the Pixel from its website and cease all transmissions through the CAPI within fifteen (15) days, and Profound may deactivate any CAPI credentials. Following such expiration or termination, removal of the Pixel, and cessation of transmissions through the CAPI, Profound will cease collection of Pixel Data and will delete all Pixel Data in its possession within thirty (30) days; provided, however, that Profound may retain Pixel Data in aggregate, de-identified form that cannot be used to identify or re-identify any individual or Customer. For the avoidance of doubt, the Cookies will remain on visitors' devices until they expire in accordance with their stated durations or are deleted by the visitor, but Profound will not access or use data from such Cookies after such expiration or termination.
Profound Ads.
The following terms apply solely if Customer subscribes to the “Profound Ads” Service (or any successor services or products):
1. Advertising Platforms. Customer agrees that it is in sole control over the platforms on which it elects to place advertisements and that Profound’s Profound Ads Service is solely a platform within which Customer can analyze, track, manage, and, to the extent Customer integrates with them, place advertisements on third-party advertising platforms (e.g., Google, Meta, OpenAI) (“Ad Platforms”). For clarity, Ad Platforms are deemed Third-Party Platforms. Customer is solely responsible for entering into, and complying with, its agreements directly with each Ad Platform, and for ensuring that its use of the Profound Ads Services and any advertisements, decisions related to Pixel Data (if applicable), and any targeting decisions comply with all applicable laws, Ad Platform policies, and third-party rights.
2. Profound Ads Content and Ad Actions. Profound Ads may generate content (including advertisement copy, images, and other creative content) in response to Customer-provided prompts or requests (“Profound Ads Content”), and may take actions within Ad Platforms on Customer’s behalf, including the administration of budgets or bids for advertisements, whether at Customer’s specific direction or autonomously in accordance with the settings configured by Customer (“Ad Actions”). Profound Ads Content is owned by Customer, and Profound hereby assigns to Customer all of Profound’s right, title, and interest, if any, in and to Profound Ads Content. Customer hereby authorizes Profound and the Profound Ads Service to take all Ad Actions, including any taken without Customer’s prior review, and such Ad Actions are deemed to be taken by Customer, and Customer is solely responsible for reviewing Profound Ads Content and configuring and monitoring Profound Ads. Profound Ads is used with Customer’s own Ad Platform accounts, and Profound does not receive, hold, or disburse any funds on Customer’s behalf. Customer is solely responsible for all amounts charged by Ad Platforms, including amounts that may result from Ad Actions, which are payable by Customer directly to the applicable Ad Platform.
3. Data. Notwithstanding anything to the contrary in the MSA, any analytics and insights provided by Profound to Customer within Profound Ads, including analysis of Customer’s advertisements and competitor advertisements (“Profound Ads Data”) are owned by Profound and its licensors and are not output, deliverables, or work product under the MSA, and Profound grants Customer a non-exclusive, non-transferable, non-sublicensable license to use Profound Ads Data for its internal business purposes during the term of the MSA and, as to Profound Ads Data extracted or downloaded from the Services during such term, following such term. Profound Ads may make available data, including advertisements that Profound licenses from third-party providers (“Third-Party Data”). Third-Party Data is owned by Profound’s licensors, and Customer acquires no ownership rights in Third-Party Data. Customer will not use raw Third-Party Data in its own advertisements, provided that the foregoing does not restrict Customer from using insights it obtains from such Third-Party Data. Profound may modify, limit, or discontinue the availability of any Third-Party Data at any time if its rights to such data change.
4. Disclaimers. PROFOUND ADS CONTENT IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. Notwithstanding anything to the contrary in the MSA, Profound’s indemnification obligations in the MSA do not apply to Profound Ads Content, Ad Actions, or Third-Party Data, and any service levels or uptime commitments in the Agreement do not apply to any delay, failure, or unavailability caused by an Ad Platform or third-party data provider. Due to the nature of the Services and artificial intelligence technologies generally, Profound Ads Content may not be unique and other users of the Services may receive similar or identical output. Profound makes no guarantee regarding the results of any advertisement and has no liability for any ad spend or campaign outcomes.
5. Indemnity. In addition to Customer’s indemnity obligations in the MSA, Customer will indemnify, defend, and hold harmless Profound from and against any third-party claim (including any claim by an Ad Platform or governmental authority), including any damages, fines, and costs awarded against Profound (including reasonable attorneys’ fees) or agreed in a settlement resulting from the claim, to the extent related to Customer’s use of Profound Ads or breach of these Profound Ads terms.
Services with Customer Data Sharing Settings.
The following terms apply solely to Services that offer a data-sharing setting:
1. Notwithstanding anything to the contrary in the Agreement, if Customer enables the applicable data-sharing setting within the applicable Services, Customer grants Profound a non-exclusive, worldwide, perpetual, irrevocable, royalty-free right and license to use Customer Data (excluding personal data under applicable law) made available to Profound while such setting is enabled to improve, develop, and offer Profound's products and services, including the training of its proprietary models, provided such use shall not identify Users, Customer, or any natural human persons as the source thereof. Without limiting any other Profound rights in the Agreement, Customer may disable such setting at any time, effective prospectively with respect to Customer Data made available to Profound thereafter.
General Terms.
The following terms apply to all of the Services to the extent the MSA does not define the applicable term and address the same subject matter. If the MSA defines the applicable term or addresses the same subject matter, the MSA will control.
1. “Customer Data” means the data that Customer or its users provide to Profound under the MSA, however described therein.
2. “Services” means Profound’s software-as-a-service platform/application and websites accessible at https://www.tryprofound.com, which provides agentic marketing capabilities, and services related to the analysis of certain third-party artificial intelligence platforms’ as further described in and subject to any additional terms in the applicable Order. The Services are owned by Profound and its licensors and are not deliverables or work product under the MSA.
3. “Third-Party Platforms” means third-party platforms, add-ons, services, or products that are not provided by Profound, are integrated with or made available through the Services, and require further authorization from Customer prior to being used with the Services. Use of any Third-Party Platforms integrated with or made available through the Services is subject to Customer’s agreement with the relevant provider and not the Agreement. Notwithstanding anything to the contrary in the Agreement, Profound does not control and has no liability or indemnification obligations as it relates to Third-Party Platforms, including their security, functionality, operation, availability, or interoperability with the Services or how the Third-Party Platforms or their providers use Customer Data. By enabling a Third-Party Platform to interact with the Services, Customer does so at its own risk and Customer authorizes Profound to access and exchange Customer Data with such Third-Party Platform on Customer’s behalf. To the extent Customer provides any API keys or other materials in connection with an integration with a Third-Party Platform, Customer: (a) represents and warrants that Customer has all necessary rights to provide such materials, and (b) authorizes Profound to use such materials on Customer’s behalf in connection with the provision of the Services to Customer.