This Artificial Intelligence Terms Addendum (“AI Addendum”) applies to Customer’s use of all services offered by Carry Technologies Inc. dba Hightouch (“Hightouch”), or third party products, applications or functionality that interoperate with services offered by Hightouch, that incorporate artificial intelligence. This AI Addendum applies in addition to the existing Terms of Use found at hightouch.com/enterprise-terms, and any/all separately negotiated agreements between the Parties (“Agreement”).

1. General

1.1 This AI Addendum entered into by and between Hightouch and Customer as of the Effective Date and sets forth the terms under which Hightouch makes its AI Services available for Customer’s use. This AI Addendum amends and forms part of the Agreement.

1.2 The AI Services is part of the Service governed by the Agreement. By accessing and using the AI Services, Customer agrees that it will access and use AI Services solely in accordance with the Agreement and this AI Addendum, including the Acceptable Use AI Addendum in Section 6.

1.3 In the event of any conflict between the AI Addendum and the Agreement, this AI Addendum will govern with respect to the subject matter contemplated herein. Capitalized terms used but not defined herein shall have the meaning given to them in the Agreement.

1.4 A violation of this AI Addendum will be considered a material breach of the terms of the Agreement between the parties governing Customer’s use of the services. Without impacting any other remedies available, Hightouch may permanently or temporarily remove or disable access to unacceptable content or terminate or suspend a user’s account or access to the services, without notice or liability if Hightouch (in its sole discretion) determines that a user has violated this AI Addendum.

2. Customer Responsibilities; Restrictions on Use, Ownership.

2.1 Subject to Section 4 (Indemnification), Customer is responsible for (i) the lawfulness of all Inputs and (ii) all decisions, actions, or inactions arising from its use of the AI Services, including, without limitation, ensuring such decisions, actions, or inactions comply with applicable laws, regulations, and other legal requirements related to data protection, intellectual property, and the use of artificial intelligence or machine learning.

2.2 Outputs may be inaccurate, inappropriate, or biased. Customer is responsible for: (i) evaluating the accuracy and appropriateness of Outputs for Customer's intended use; (ii) implementing appropriate review processes for AI-generated content before use in business operations; (iii) ensuring Inputs do not contain unlawful, harmful, or infringing content; and (iv) complying with applicable laws regarding AI use in Customer's industry and jurisdiction.

2.3 Customer will not (and will not permit any third party to) use the AI Services in violation of Section 6 (Acceptable Use), and will not use the AI Services in a way that returns row level or personally identifiable information.

2.4 As between the parties: (i) Customer retains ownership of Inputs; (ii) Customer owns Outputs generated specifically for Customer, subject to any third-party rights; and (iii) Hightouch retains ownership of AI models, algorithms, and underlying technology.

3. Hightouch Commitments

3.1 Hightouch may use AI Data to: (i) provide the AI Services to Customer; (ii) improve AI Services performance, including model training and optimization, provided such improvements benefit Customer's use of the Services; (iii) create Statistical Data as defined in the Agreement, provided such data cannot identify Customer or any individual; and (iv) comply with legal obligations. For clarity, “benefit Customer's use” includes general improvements to AI model accuracy, speed, and functionality that enhance the Services for Customer, even if such improvements also benefit other customers using the same underlying models.

3.2 Hightouch will not use Customer Data (in each case, including any Inputs or Outputs) to train, re-train or fine-tune any Model that Hightouch makes available for use by other parties.

4. Indemnification

In addition to Hightouch’s indemnification obligations set forth in the Agreement, Hightouch’s obligation to defend and indemnify Customer against third-party intellectual property claims under the Agreement also applies to each Output, subject to Customer (i) using AI Services in compliance with this Addendum and the Agreement; (ii) not modifying Outputs before the alleged infringement; (iii) having sufficient rights in any Customer Data used to generate the Output; and (iv) promptly notifying Hightouch of any claims. Hightouch's obligations do not apply to claims arising from Customer's instructions designed to generate infringing content or Customer's combination of Outputs with third-party materials.

5. General

5.1 The Parties agree that this AI Addendum and the Agreement are the complete agreement between the Parties with respect to the AI Services and replace any prior oral and/or written communications between the Parties concerning Customer’s use of the AI Services. If Customer uses a third-party developed or hosted model or service pursuant to the Agreement or applicable Order Form to power the AI Services, Customer must also comply with any such third party’s applicable terms and/or acceptable use policies identified (collectively, “Third-Party Terms”). Except as amended by this AI Addendum, the Agreement remains unchanged and in full force and effect. Hightouch may update this AI Addendum from time to time; provided, however, that, solely in connection with AI Services that are available during the Subscription Term, no such update to the AI Addendum shall materially diminish Hightouch’s obligations hereunder.

5.2 In addition to any of its other rights or remedies (including, without limitation, any termination rights) set forth in the Agreement, Hightouch reserves the right to suspend the provision of the AI Services to Customer if Hightouch reasonably determines that Customer is in breach of this Agreement.

5.3 Hightouch may update, modify, or replace AI models used in the Services to improve performance, security, or compliance. While Hightouch will use reasonable efforts to maintain Output quality and consistency, Customer acknowledges that model updates may result in variations in Output format, style, or content. Hightouch will provide reasonable advance notice of material changes that may significantly affect AI Services functionality through the Services interface or Customer communications.

6. Acceptable Use

6.1 Hightouch’s AI Services cannot be used to for the following:

• 6.1.1 Automated Decision-Making with Legal Effects: The AI Services cannot be used in a way that impacts an individual’s rights, safety, health or well-being (particularly with respect to finance, credit, insurance, employment, housing, education, essential services, law or law enforcement, migration, management of critical infrastructure, judicial proceedings or social scoring);

• 6.1.2. Political Campaigning or Lobbying: The AI Services cannot be used for political campaigning or lobbying, including generating campaign materials to influence a political process, or to interfere with participation in electoral, democratic or civic processes;

• 6.1.3. Individual Advice from a Licensed Professional: The AI Services cannot be used to provide advice that would ordinarily be provided by a qualified or licensed professional, including legal, medical/health, financial or other professional advice of any kind;

• 6.1.4. Explicit Predictions of Protected Characteristics: The AI Services cannot be used to explicitly predict an individual’s protected characteristic, including, but not limited to, racial or ethnic origin, and past, current, or future political opinions, religious or philosophical beliefs, trade union membership, age, gender, sex life, sexual orientation, disability, health status, medical condition, financial status, criminal convictions, or likelihood to engage in criminal acts;

• 6.1.5. Adult Content: The AI Services cannot be used for sending, uploading, displaying, storing, processing, or transmitting explicit material; and

• 6.1.6. Deceptive Activity: The AI Services cannot be used to mislead individuals into believing that they are communicating with a human when they are not or claim that content generated through Hightouch’s artificial intelligence offerings was generated by a human when it was not. Additionally, the AI Services cannot be used to engage in, generate, or promote disinformation, misinformation, false online engagement (such as fake reviews), plagiarism or other actions generally understood to be dishonesty.

7. Definitions

7.1 “AI Data” means any Inputs or Outputs that are not Customer Data.

7.2 “AI Addendum” means these Hightouch AI Addendum located on the Website, as may be updated by Hightouch in accordance with Section 5.1 above.

7.3 “AI Services” means any artificial intelligence, machine learning, or automated decision-making features, tools, or capabilities provided by Hightouch through the Services. AI Services include both current offerings and future AI-enabled features added during the Subscription Term.

7.4 “Customer Data” means all data or information submitted, electronic or otherwise, by or on behalf of Customer to the Service and/or to Hightouch, including all patent, copyright, trade secret, or other intellectual property rights embodied in or related to any of the foregoing. Customer Data includes any data that Customer owns or licenses from a third-party and provides (either itself or by a third-party) to Hightouch for use in the performance of Services, and may include protected health information, as defined in the Health Insurance Portability and Accountability Act of 1996 (as amended, “HIPAA”).

7.5 “Effective Date” means the date of Customer’s initial use of any AI Services.

7.6 “Input” means any data, query, prompt, instruction, or other information submitted by Customer or Users to generate a response from AI Services.

7.7 “Model” means any artificial intelligence model powering a AI Services in the Service that is (i) developed, trained, or fine-tuned by Hightouch and/or (ii) licensed or acquired by Hightouch from any third party.

7.8 “Output” means any content, recommendation, analysis, prediction, or other result generated by AI Services in response to an Input.