Supplemental Terms

Last updated on August 26, 2025

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 Workflows.

The following terms apply solely if Customer subscribes to the “Workflows” Service:

1.1. Workflows; Customer Owns Workflows Content.

The Workflows Service may generate or otherwise provide to Customer certain content (including written copy and images) prompt or request, including content intended to promote or describe Customer’s products, services, or business (“Workflows Content”). Profound hereby assigns to Customer all of Profound right, title, and interest, if any, in and to Workflows Content.

1.2. Disclaimers.

WORKFLOWS 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 Workflows Content, and Profound is not liable for Customer’s use of any Workflows Content. Without limiting the foregoing, Customer acknowledges and agrees that the disclaimers of warranties in Output set forth in the Agreement apply with respect to Workflows Content. Due to the nature of the Services and artificial intelligence technologies generally, Workflows Content may not be unique and other users of the Services may receive output from the Services that is similar or identical to the Workflows Content (and, notwithstanding anything to the contrary, such similar or identical output will not be understood to be Workflows 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 by Customer resulting from the claim, to the extent related to Customer’s use of Workflows Content.

2. Supplemental Terms for Agent Analytics.

The following terms apply solely if Customer subscribes to the “Agent Analytics” Service:

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. Profound will not disclose the Web Log Data to third parties (other than Profound’s service providers) without Customer’s prior written consent. Without limiting the foregoing, Customer hereby grants Profound a perpetual, irrevocable, royalty-free right and license to use the Web Log Data to improve and develop Profound’s products and services.