These Self-Serve Ad Studio Terms of Use ("Terms") govern access to and use of the Hightouch Self-Serve Ad Studio experience ("Self-Serve Ad Studio") by the individual or entity accepting these Terms ("Customer" or "you"). "Hightouch," "we," or "us" means Carry Technologies Inc., dba Hightouch.

By clicking "Sign up," creating an account, or accessing or using Self-Serve Ad Studio, you agree to be bound by these Terms.

If you have a separate written agreement with Hightouch governing your paid use of Ad Studio or other Hightouch services (for example, an order form, master services agreement, or software subscription agreement) (an "Enterprise Agreement"), then that Enterprise Agreement will govern to the extent of any conflict with these Terms. These Terms apply to your use of Self-Serve Ad Studio to the extent not expressly covered by an Enterprise Agreement. To the extent there is conflict between an Enterprise Agreement and these Ad Studio terms, the Ad Studio terms will prevail for claims specifically arising out of the use of Ad Studio.

Hightouch's Platform Privacy Notice, Website Terms, and Artificial Intelligence terms (collectively, "Standard Policies") are incorporated into these Terms by reference.

1. Definitions

For purposes of these Terms:

• "Account" means a self-serve Hightouch account and associated workspace created to access Self-Serve Ad Studio.
• "Inputs" means any data, URLs, text, images, brand assets, product information, prompts, or other content you or your Users provide into or through Self-Serve Ad Studio.
• "Outputs" means any ad concepts, images, text, layouts, or other content generated by or through Self-Serve Ad Studio based on the Inputs or other context.
• "Services" means Self-Serve Ad Studio and any related websites, interfaces, APIs, and documentation Hightouch makes available for this free-tier, self-serve experience.
• "User" means any individual who accesses or uses Self-Serve Ad Studio under your Account.

2. Service Description; Free-Tier and Scope

2.1 Self-Serve Experience. Self-Serve Ad Studio is a limited, self-service version of Hightouch's Ad Studio product that allows Users to generate and edit advertising creative and related assets. It is intended to demonstrate the capabilities of Hightouch's Ad Studio and to allow Users to experiment with ad concepts.

2.2 Not the Full Enterprise Product. Self-Serve Ad Studio does not include all features, performance commitments, support, integrations, or security controls available in Hightouch's paid enterprise offerings. For example, certain features such as advanced insights, reporting, product catalog integrations, and expanded delivery options may only be available under an Enterprise Agreement.

2.3 Free-Tier; No Fees. At this time, Self-Serve Ad Studio is provided on a free-tier basis with usage limits defined by Hightouch from time to time. Hightouch may, in its sole discretion, introduce paid options, change free-tier limits, or discontinue the free-tier in whole or in part.

2.4 No Service-Level Commitments. Self-Serve Ad Studio is provided without uptime commitments, support commitments, or other service levels. Access may be interrupted, limited, or discontinued at any time, without notice.

3. Eligibility; Accounts

3.1 Business Use Only. Self-Serve Ad Studio is intended for use by businesses and organizations, not individual consumers. By using the Services, you represent and warrant that you are using them on behalf of a business and that you have authority to bind that business to these Terms.

3.2 Account Registration. To use Self-Serve Ad Studio beyond any initial experience Hightouch may make available without login, you must create an Account and provide accurate, current, and complete information. You must keep your Account information up to date.

3.3 Credentials and Access. You are responsible for maintaining the confidentiality of your Account credentials and for all activities occurring under your Account. You must promptly notify Hightouch of any unauthorized use or suspected compromise of your Account or credentials.

3.4 Single Account; No Sharing. You must not share Account credentials between individuals. Each User should have their own login where supported. You remain responsible for compliance with these Terms by all Users under your Account.

4. Usage Limits; Fair Use; Suspension

4.1 Usage Caps. Hightouch may impose quantitative or qualitative limits on free-tier usage (for example, limits on the number of ad generations, brands, projects, or frequency of requests) as described in the user interface or documentation (collectively, "Usage Limits"). Hightouch may modify or discontinue all Usage Limits at any time, including per-session, per-User, per-Account, or per-workspace limits.

4.2 Rate Limiting and Abuse Controls. Hightouch may employ rate-limiting, CAPTCHAs, bot and fraud detection, IP-based or session-based controls, or other technical measures to protect the Services from abuse, spam, or excessive or automated use.

4.3 Suspension; Termination for Cause. Hightouch may suspend or terminate your or any User's access to Self-Serve Ad Studio (in whole or in part) immediately if Hightouch reasonably believes, in its sole discretion,:

• you or a User have violated these Terms or any Standard Policy;
• your use causes or risks security incidents, abuse, or harm to Hightouch, the Services, or others; or
• such action is required to comply with law or third-party requirements (including model provider terms or ad network policies).

Hightouch will make commercially reasonable efforts to notify you of any suspension where lawful and practicable.

5. Customer Content; Ownership and Licenses

5.1 Ownership of Inputs. As between the parties, you retain all right, title, and interest (including all intellectual property rights) in and to your Inputs, subject to the licenses granted in these Terms.

5.2 License to Inputs. You grant Hightouch a non-exclusive, worldwide, royalty-free, sublicensable license to host, copy, use, process, transmit, display, and perform Inputs:

• to provide, operate, maintain, secure, and support the Services;
• to comply with law and enforce these Terms; and
• in de-identified and/or aggregated form, to develop, improve, and optimize Hightouch's products and services (including models, prompts, and pipelines) and for analytics.

Hightouch will not sell your Inputs as standalone data sets.

5.3 License to Outputs. Hightouch grants you a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, reproduce, modify, distribute, publicly display, and otherwise exploit the Outputs for your business purposes, subject to these Terms.

5.4 Non-Exclusive Outputs. Due to the nature of generative AI, Outputs may not be unique and similar Outputs may be generated for other Hightouch customers. Hightouch does not guarantee that any Output will be original or exclusive to you.

5.5 Responsibility for Content. You are solely responsible for:

• the accuracy, quality, and legality of Inputs;
• obtaining all rights, permissions, and consents necessary for Hightouch to use Inputs as described in these Terms;
• reviewing Outputs before use, including evaluating the accuracy and appropriateness of Outputs for your intended use and implementing appropriate review processes for AI-generated content before use in business operations; and
• ensuring that your use of Inputs and Outputs complies with applicable laws, regulations, industry guidelines, and ad platform policies.

6. Acceptable Use

You must not, and must not allow any third party to, directly or indirectly:

(a) use the Services or Outputs to create, upload, generate, or disseminate content that is unlawful, infringing, misleading, defamatory, obscene, pornographic, harassing, threatening, hateful, discriminatory, or otherwise objectionable;

(b) use the Services or Outputs for:

• content relating to child exploitation, human trafficking, or other serious crimes;
• unsafe medical, financial, or legal advice;
• political campaigning or targeted political ads where prohibited by applicable law or platform policy; or
• any other high-risk or regulated use case that Hightouch designates as prohibited;

(c) infringe, misappropriate, or violate the intellectual property, privacy, publicity, or other rights of any person or entity, including by:

• uploading third-party logos, marks, or likenesses without authorization; or
• generating content that is confusingly similar to third-party brands or works without authorization;

(d) attempt to bypass or interfere with any security, authentication, usage limits, or technical protections of the Services;

(e) use bots, scripts, or automated tools to access or call the Services except via any documented API made available by Hightouch for that purpose;

(f) reverse engineer, decompile, or otherwise attempt to derive the source code or underlying models of the Services, except to the extent such restriction is prohibited by applicable law;

(g) use the Services to develop or train models or services that compete with Hightouch;

(h) submit malware, viruses, or other harmful code; or

(i) use the Services in violation of any applicable law, regulation, or ad platform policy.

Hightouch may update acceptable use requirements from time to time, and your continued use of the Services constitutes acceptance of any updated requirements.

7. AI-Specific Disclaimers

7.1 May Be Inaccurate or Inappropriate. Outputs are generated by AI models and may be inaccurate, incomplete, biased, or otherwise inappropriate. Hightouch does not warrant that Outputs will be correct, complete, non-infringing, or suitable for any particular purpose.

7.2 Human Review Required. You must carefully review Outputs before using them, including for:

• brand and legal compliance;
• advertising and consumer protection requirements;
• intellectual property and publicity rights; and
• compliance with applicable ad network policies and content guidelines.

7.3 No Professional Advice. The Services and Outputs do not constitute legal, financial, medical, or other professional advice. You should not rely on Outputs as a substitute for professional advice.

7.4 Required Disclosures. Certain states require that individuals include AI-related disclosures on posts that include AI-generated content. Users who choose to post AI-generated content based on their use of Self-Serve Ad Studio are expected to govern themselves according to applicable state and local law.

7.5 Sharing of Outputs on Third Party Systems. You may choose to share Outputs via third party systems, including on social media platforms. Your use and interaction with such third party systems shall be subject to the acceptable use policy of those providers, and Hightouch shall have no responsibility for your use of third party systems.

8. Data Protection and Privacy

8.1 Privacy Notice. Hightouch's collection, use, and processing of personal data in connection with Self-Serve Ad Studio is described in Hightouch's Platform Privacy Notice (as updated from time to time), available at https://hightouch.com/platform-privacy.

8.2 No Sensitive Personal Data. You must not submit to the Services any:

• "special categories" of personal data or similarly sensitive data under applicable law (e.g., data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data, biometric identifiers, health data, or data concerning a natural person's sex life or sexual orientation);
• government-issued identification numbers;
• financial account, payment card, or authentication credentials;
• data relating to children under the age where parental consent is required; or
• other data that is subject to specific regulatory or contractual handling requirements (e.g., PHI under HIPAA), unless Hightouch has expressly agreed in writing to such processing.

8.3 Logs and Usage Data. Hightouch may collect and process logs and usage data (including prompts, Outputs, system logs, and telemetry) for security, abuse prevention, analytics, troubleshooting, and product improvement.

9. Third-Party Services and Model Providers

9.1 Third-Party Models and Infrastructure. Self-Serve Ad Studio may rely on third-party AI models, APIs, cloud infrastructure, or other services ("Third-Party Services"). Your use of the Services is subject to any applicable usage rules or restrictions imposed by such Third-Party Services to the extent Hightouch has made them available or incorporated them into these Terms.

9.2 No Responsibility for Third-Party Services. Hightouch is not responsible for the acts or omissions of Third-Party Services or for outages or degradation attributable to those services. Certain functionality may be unavailable or degraded if Third-Party Services experience issues.

10. Promotions, Sweepstakes, and Publicity

10.1 Separate Promotional Terms. From time to time, Hightouch may invite you to submit Outputs for potential inclusion in marketing campaigns, contests, sweepstakes, or promotional placements (for example, display of ads in public spaces). Any such activity will be governed by separate promotional or sweepstakes terms that you must accept before participation. Those terms will control over these Terms in the event of conflict with respect to the specific promotion.

10.2 Limited Marketing Rights. Unless otherwise agreed in writing (for example, in an Enterprise Agreement or separate consent), Hightouch will not publicly use your trademarks or brand name in its marketing solely by virtue of your use of Self-Serve Ad Studio. Hightouch may reference your use of Self-Serve Ad Studio in aggregated and de-identified form.

11. Feedback

If you provide feedback, suggestions, or ideas about the Services ("Feedback"), you grant Hightouch a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable license to use, disclose, reproduce, modify, and otherwise exploit the Feedback for any purpose without restriction or attribution. Hightouch has no obligation to implement any Feedback.

12. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND ALL OUTPUTS ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, OR AVAILABILITY.

WITHOUT LIMITING THE FOREGOING, HIGHTOUCH DOES NOT WARRANT THAT:

• THE SERVICES OR OUTPUTS WILL BE ERROR-FREE, UNINTERRUPTED, OR SECURE;
• OUTPUTS WILL BE UNIQUE, EFFECTIVE, OR MEET YOUR PERFORMANCE EXPECTATIONS; OR
• OUTPUTS OR YOUR USE THEREOF WILL COMPLY WITH ANY PARTICULAR AD PLATFORM POLICY OR LEGAL REQUIREMENT.

13. Limitation of Liability

13.1 Exclusion of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HIGHTOUCH NOR ITS AFFILIATES, LICENSORS, OR SUPPLIERS WILL BE LIABLE UNDER OR IN CONNECTION WITH THESE TERMS OR THE SERVICES FOR ANY:

• INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, COVER, OR PUNITIVE DAMAGES; OR
• LOSS OF PROFITS, REVENUE, GOODWILL, OR DATA,

EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

13.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIGHTOUCH'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US $100).

13.3 Basis of the Bargain. The disclaimers and limitations in this Section form an essential basis of the bargain between the parties.

Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities, so some of the above limitations may not apply to you only to the extent prohibited by applicable law.

14. Indemnity

To the extent permitted by law, you will defend, indemnify, and hold harmless Hightouch and its affiliates, officers, directors, employees, and agents from and against any third-party claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• your Inputs or Outputs;
• your use of the Services in violation of these Terms, the Standard Policies, or applicable law; or
• any dispute between you and any third party (including your own customers, employees, agencies, or partners) relating to your use of the Services or Outputs.

Hightouch will promptly notify you of any claim subject to this Section and will permit you to control the defense and settlement of the claim, provided that you do not settle any claim that imposes any admission of liability or non-monetary obligation on Hightouch without Hightouch's prior written consent (not to be unreasonably withheld).

15. Changes to the Services or Terms

15.1 Changes to the Services. Hightouch may modify, suspend, or discontinue all or any part of Self-Serve Ad Studio at any time, including by adding or removing features, imposing or changing Usage Limits, or migrating features into paid offerings.

15.2 Changes to these Terms. Hightouch may update these Terms from time to time. If Hightouch makes material changes, it will provide notice (for example, by posting the updated Terms with a new "Last updated" date, by email, or through the Services). Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to the updated Terms, you must stop using the Services.

16. Term and Termination

16.1 Term. These Terms commence on the date you first accept them and continue until terminated as provided below.

16.2 Termination by You. You may stop using Self-Serve Ad Studio at any time. You may request deletion of your Account in accordance with Hightouch's then-current processes.

16.3 Termination by Hightouch. Hightouch may terminate these Terms and/or your access to Self-Serve Ad Studio at any time, with or without cause, by providing notice where required by law.

16.4 Effect of Termination. Upon termination:

• your right to access and use Self-Serve Ad Studio will cease; and
• Sections that by their nature should survive (including 2.2-2.4, 3.3-3.4, 4-5, 7-15, and this 16.4) will survive.

Hightouch may, but is not obligated to, retain or provide you with access to Inputs or Outputs after termination, except as required by law.

17. Governing Law; Venue

These Terms will be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law rules. Any disputes arising out of or relating to these Terms or the Services will be brought exclusively in the state or federal courts located in San Francisco, California, and each party consents to the personal jurisdiction and venue of such courts.

18. Miscellaneous

18.1 Entire Agreement. These Terms, together with the Standard Policies and any Enterprise Agreement (if applicable), constitute the entire agreement between you and Hightouch regarding Self-Serve Ad Studio and supersede all prior or contemporaneous agreements or understandings on that subject.

18.2 Order of Precedence. In the event of conflict between these Terms and an Enterprise Agreement, the Enterprise Agreement will control with respect to the subject matter of such agreement, and these Terms will control with respect to Self-Serve Ad Studio to the extent not expressly covered by the Enterprise Agreement.

18.3 Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Hightouch's prior written consent. Hightouch may freely assign or transfer these Terms, in whole or in part, including to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of assets.

18.4 Relationship of the Parties. The parties are independent contractors. These Terms do not create any partnership, joint venture, agency, or fiduciary relationship.

18.5 Severability. If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.

18.6 Waiver. No waiver of any provision of these Terms will be effective unless in writing and signed by Hightouch. A failure to enforce any right will not be deemed a waiver of such right.

18.7 Notices. Hightouch may provide notices to you via the Services, email, or other contact details you provide. You may provide legal notices to Hightouch at:

Carry Technologies Inc. dba Hightouch

Attn: Legal Department

2261 Market Street #5225, San Francisco, CA 94114

legal@hightouch.io