Supplemental Terms
Last updated on June 20, 2026
These Supplemental Terms (these "Supplemental Terms") are incorporated into the agreement between Profound and Customer referencing these Supplemental Terms (the "Agreement"). Capitalized terms used but not defined in these Supplemental Terms will be understood to have the meanings given to them in the Agreement.
1. Supplemental Terms for Agents.
The following terms apply solely if Customer subscribes to the "Agents" Service (previously known as "Workflows") (or any successor services or products):
1.1. 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 Service Content, 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.
1.2. Disclaimers.
AGENTS CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE. 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. Without limiting the foregoing, Customer acknowledges and agrees that the disclaimers of warranties in the Services and Service Content set forth in the Agreement apply with respect to Agents Content. 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).
1.3. Indemnity.
In addition to Customer's indemnity obligations in the Agreement, Customer will indemnify and hold harmless and, at Profound's request will defend, 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.
2. Supplemental Terms for Agent Analytics.
The following terms apply solely if Customer subscribes to the "Agent Analytics" Service (or any successor services or products):
2.1. Web Log Data.
The Services may support integrations with 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 Agreement. Notwithstanding anything to the contrary, Customer hereby grants Profound a perpetual, irrevocable, royalty-free right and license to use the Web Log Data to improve, offer, and develop Profound's marketing, products, and services.