Terms of Service

1.     Nature of Agreement. This Agreement applies to Molly Data, LLC (the “Provider”) products and services that Customer purchases or otherwise acquires the right to access or use, which may include subscriptions, data processing services, and related offerings (collectively, the "Services").

This Agreement consists of three components:

·       These Terms of Service ("Terms"), which govern the general use of the Services.

·       The Service Order ("SOW"), if applicable, which governs any sales-led transactions.

·       The online signup process, including any selections made by Customer and any payment information provided by Customer if no SOW is executed.

To the extent of any direct conflict between these an Order Form, if applicable will govern.

For Customers who sign up for Services directly through the website, without an Order Form, these Terms (including any pricing and term length displayed at the time of signup) govern the use of Services. No additional terms, confirmations, acceptances, or communications will modify these Terms except as expressly provided herein.

No additional terms included in any confirmation, acceptance, written or oral communication, or any other similar document in connection with the Services shall modify this Agreement unless expressly agreed to in writing by both parties.

2.     Agreement Term and Cancellation.

2.1.   Agreement Term Length. This Agreement commences on the Effective Date specified in any the Service Order ("SOW") and continues for the duration set forth in the SOW, unless earlier terminated in accordance with these Terms (the "Term").

2.2.   Renewal. Unless otherwise stated in the SOW, this Agreement will automatically renew for successive periods as specified in the SOW.

2.3.   Unused Services. Any Services ordered under this Agreement may only be used during the Term. Unused Services do not roll over and will expire at the end of the Term unless otherwise specified in the SOW.

3.     Fees & Payment

3.1.   Fees. Customer agrees to pay the fees as set forth in the Service Order ("SOW"). Fees are charged on a monthly basis and cover the Services outlined in the SOW. Provider reserves the right to adjust fees for future terms by providing 45 days' written notice prior to the renewal date.

Provider reserves the right to adjust fees for future terms by providing 45 days' written notice prior to the renewal date.

3.2.   Payment Terms.

3.2.1. Billing Method. Customer will be billed via credit card on a monthly basis, in advance of service.

3.2.2. Automatic Payments. By entering into this Agreement, Customer authorizes Provider to charge the designated credit card for all recurring fees and applicable taxes.

3.2.3. Non-Payment & Suspension. If payment is not received, services will be suspended within 72 hours until payment is received.

3.2.4. Reactivation. Provider may charge a re-activation fee to reinstate services after suspension.

3.2.5. No Refunds. All payments under this Agreement are non-refundable, unless expressly stated otherwise in an applicable Service Order (SOW) or required by law. If no such provision exists in an applicable SOW, Customer acknowledges and agrees that payments for Services are final and non-refundable, including in cases of early termination, non-use, or partial use of the Services.

3.3.   Taxes. Fees are exclusive of applicable taxes. Customer is responsible for paying any applicable sales, use, or other taxes, unless Customer provides a valid tax exemption certificate. If withholding taxes apply, Customer agrees to gross up payments so that Provider receives the full invoiced amount.

4.     Termination.

4.1.   Termination Rights. Either party may terminate this Agreement under the following conditions:

(a)    Non-Renewal: Customer may terminate the Agreement by providing written notice before the end of the current Term, as specified in the SOW or in Section ‎2.2.

(b)    Material Breach: Either party may terminate the Agreement if the other party materially breaches any provision of this Agreement and fails to cure such breach within 30 days after receiving written notice. If the breach is incapable of cure, termination is immediate.

(c)    Insolvency: Either party may terminate the Agreement immediately if the other party becomes the subject of a bankruptcy petition, receivership, or other insolvency proceeding.

4.2.   Effect of Termination. Upon termination, Customer’s access to the Services will be revoked, and all obligations under this Agreement shall terminate, except:

(a)    Customer must pay all outstanding fees for Services rendered before termination.

(b)    Sections that reasonably survive termination—including but not limited to fees, confidentiality, data ownership, and liability limitations—shall remain in effect.

5.     Representations and Warranties

5.1.   Representations.

5.1.1. Provider Representations. Provider represents and warrants that:

(a)    It has the authority to enter into this Agreement.

(b)    The Services will be provided in a professional and workmanlike manner using qualified personnel.

(c)    This Agreement does not, and shall not, conflict with any other contractual obligations of Provider.

(d)    The Services are described in the SOW, and no additional representations or warranties apply except as explicitly stated in this Section ‎5.

5.1.2. Customer Representations. Customer represents and warrants that:

(a)    It has the legal authority to enter into this Agreement.

(b)    Its use of the Services will comply with all applicable laws, this Agreement, and any related documentation.

(c)    It has all necessary rights, consents, and permissions to provide data for processing by the Services.

(d)    Customer’s data does not contain prohibited content, such as illegal, infringing, or malicious material.

(e)    Customer’s use of the Services will not violate any contractual obligations it has with third parties.

(f)     Customer acknowledges that Provider’s ability to deliver Services is dependent on Customer providing complete, accurate, and timely data, information, and cooperation.

6.     Disclaimer. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS EXPRESSLY PROVIDED IN SECTION ‎5.1, THE SERVICES AND ANY DELIVERABLES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR MEET CUSTOMER’S SPECIFIC NEEDS.

Provider does not guarantee that the Services will be free from bugs, vulnerabilities, or compliance issues related to regulatory requirements applicable to Customer.

If Provider breaches the warranties in Section ‎5.1.1 (failure to perform Services in a professional and workmanlike manner), Customer must notify Provider in writing within 30 days of the breach. Customer’s sole and exclusive remedy shall be:

Provider will use commercially reasonable efforts to re-perform the affected Services or correct the deficiency.

If the deficiency cannot be reasonably corrected, Customer may terminate the affected Services and receive a pro-rata refund of any prepaid but unused fees for the remaining Term.

7.     Customer Account.

7.1.   Account Creation. Customer and its Authorized Users may be required to create an account to access certain Services. Customer agrees to provide accurate, complete, and updated information for the account at all times. Customer is solely responsible for all activities conducted under its account and must promptly notify Provider if it becomes aware of any unauthorized access or use.

7.2.   No Account Sharing. Customer may not authorize or permit multiple individuals to use the same log-in credentials. Additionally, Customer may not access or create multiple accounts in a manner that reduces or avoids the payment of fees or circumvents account limitations. Subscription access may not be reassigned between multiple individuals on a frequent or periodic basis unless explicitly permitted in the Service Order. Customer must not exceed permitted account parameters, and any violation of these restrictions may result in the suspension of services or termination of the agreement for material breach, at Provider’s sole discretion.

7.3.   Customer to Ensure Compliance. Customer is responsible for ensuring that all Authorized Users comply with this Agreement. If an account is terminated under Sections ‎4.1, neither Customer nor its Authorized Users may create a new account under the same or different names, email addresses, or other forms of account verification for a period of one year without the express written permission of Provider.

8.     Confidentiality.

8.1.   Confidential Information. Each party ("Recipient") receiving Confidential Information from the other party ("Discloser") agrees to protect the confidentiality of such information using the same degree of care it applies to its own confidential information of a similar nature, but in no event less than a reasonable standard of care. Confidential Information may only be used for purposes within the scope of this Agreement and may not be disclosed to any third party except to employees, contractors, advisors, or agents who have a legitimate need to know and are bound by confidentiality obligations at least as restrictive as those set forth in this Agreement.

8.2.   Request to Destroy. Upon written request by the Discloser, the Recipient must return or destroy all Confidential Information without undue delay, except for information stored in routine backup media not accessible in the ordinary course of business or retained for compliance, tax, or document retention purposes. Confidentiality obligations under this Agreement will continue for as long as the Recipient retains any Confidential Information.

8.3.   Compelled to Disclose. If the Recipient is legally compelled to disclose any Confidential Information, it must, to the extent permitted by law, provide prompt written notice to the Discloser to allow an opportunity to seek a protective order or other remedy. If no such protection is obtained, the Recipient must disclose only the portion of Confidential Information that is legally required and will request that such information be treated confidentially. These confidentiality obligations shall survive for as long as the Recipient possesses any Confidential Information of the Discloser.

9.     Intellectual Property; Feedback; Data.

9.1.   Customer Data & Platform Data.

9.1.1. Data Ownership. Customer retains full and exclusive ownership of all data it provides in connection with the Services, including any processed or derived data resulting from the Services ("Processed Data"). Customer may retain and use its data and Processed Data for any purpose.

Provider does not claim ownership over Customer’s data. However, Customer grants Provider a non-exclusive, worldwide, irrevocable, royalty-free license to:

(a)    Process, store, and use Customer’s data as necessary to provide the Services.

(b)    Aggregate, analyze, and derive insights from Customer’s data to develop industry benchmarks, analytics, and marketing materials, provided that such insights are anonymized and do not identify Customer, Customer’s customers, or individual users.

9.1.2. Data Aggregation. Provider may use aggregated and anonymized insights in reports, case studies, blog posts, and other materials to illustrate industry trends and best practices. No Customer-specific data will be disclosed without explicit written consent.

9.1.3. Data Retention. Unless otherwise required by law, Provider has no obligation to retain Customer’s data beyond 30 days after termination of this Agreement.

9.1.4. Sensitive Data. If Customer’s data includes legally regulated or sensitive information, Provider shall not be responsible for ensuring compliance unless explicitly agreed in writing.

9.2.   License Grant. Provider grants Customer a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Services for the Term specified in the SOW. This license extends only to the Services explicitly outlined in the SOW and does not convey any additional rights beyond those expressly granted in this Agreement.

9.3.   Ownership. All rights, titles, and interests in and to the Services, including software, tools, and proprietary technologies, remain the exclusive property of Provider and its licensors. Provider grants Customer a perpetual, irrevocable license to use any custom Deliverables developed for Customer through the Services, except for Provider’s core platform, underlying software, or intellectual property, which remain the sole property of Provider.

This Agreement does not limit Provider’s ability to offer similar software, materials, or services to other Customers, even if they are functionally or structurally similar to those provided to Customer.

9.4.   Feedback. Customer may voluntarily provide feedback, suggestions, or recommendations related to the Services. By submitting such feedback, Customer grants Provider a perpetual, irrevocable, worldwide license to use, modify, or incorporate it into Provider’s Services without compensation or attribution.

9.5.   Data Security. Provider will employ commercially reasonable safeguards, including physical, administrative, and technical controls, to protect Customer data from unauthorized access, use, or disclosure.

9.6.   AI-Aided Tools. If the Services incorporate artificial intelligence, machine learning, or large language models ("AI-Aided Tools"), Customer's use of such tools will be subject to this Agreement.

Customer acknowledges that AI-Aided Tools may:

·       Generate errors, misinterpret inputs, or introduce biases

·       Not be relied upon for legally or ethically sensitive use cases

Provider does not assume liability for any outcomes resulting from AI-generated outputs. Customer must ensure that no personal, confidential, or regulated data (including HIPAA-protected health information) is used with AI-Aided Tools unless explicitly agreed in writing.

Provider may use anonymized or aggregated data to improve its AI models and Services.

10.  Usage

10.1.                Restrictions on Use. Customer agrees that it will not, and will not authorize or encourage any third party to:

(a)    Allow anyone other than Authorized Users to access or use the Services.

(b)    Reverse engineer, decompile, disassemble, or attempt to derive the source code or interface protocols of the Services.

(c)    Modify, adapt, or translate the Services in any way.

(d)    Copy, resell, distribute, or sublicense the Services without Provider’s prior written approval.

(e)    Remove, alter, or obscure any proprietary markings or restrictive legends on the Services.

(f)     Use the Services to harass, abuse, or violate the rights of any person or entity.

(g)    Use the Services in a manner that violates any applicable laws or regulations.

(h)    Introduce or transmit viruses, malware, or any other malicious code into the Services.

(i)      Use the Services for any purpose not expressly permitted under this Agreement.

Any violation of these restrictions may result in the immediate suspension or termination of Customer’s access to the Services at Provider’s sole discretion.

10.2.                Compliance with Trade Laws. Customer agrees to comply with all applicable export control and economic sanctions laws and regulations (“Trade Laws”). Customer represents that it will not access or use the Services from any country or territory subject to comprehensive trade sanctions, including Cuba, Iran, North Korea, Syria, Crimea, Donetsk People’s Republic, and Luhansk People’s Republic. Customer further represents that it is not a sanctioned person and will not allow any sanctioned person to access or use the Services.

A sanctioned person includes any individual or entity identified on any restricted party lists maintained by the U.S. Treasury Department’s Office of Foreign Assets Control (OFAC), U.S. Commerce Department, the United Nations, the European Union, or any applicable jurisdiction. A sanctioned person also includes any entity operating, organized, or resident in a sanctioned country or acting on behalf of or controlled by any of the above entities.

Provider represents that it will not provide the Services from a sanctioned country or to a sanctioned person.

10.3.                Onboarding and Management of Authorized Users. Authorized Users must log in to access the Services. If Customer does not use single sign-on (SSO), each Authorized User must create an account by providing a sign-in name, password, and any required authentication details (“Log-in Credentials”).

By creating an account, each Authorized User consents to Provider processing their credentials for authentication and access control purposes. Customer is responsible for ensuring that all Authorized Users provide accurate and up-to-date account information.

Customer is fully responsible for managing access and security of its accounts, including ensuring Log-in Credentials are kept confidential, preventing unauthorized access or misuse of the Services, and immediately notifying Provider of any unauthorized access or security concerns.

Provider may review, verify, and revoke access if an Authorized User poses a security risk or is no longer authorized by Customer, if access by an Authorized User could adversely impact Provider’s services or infrastructure, if an Authorized User fails to comply with this Agreement, including Section ‎10.1, or if retaining access would create a legal or compliance risk for Provider.

Provider will use reasonable efforts to notify Customer before restricting access and will reinstate access once the issue is resolved. However, Provider is not liable for any damages resulting from the unauthorized use of an Authorized User’s account unless caused by Provider’s negligence.

11.  Indemnification; Waiver of Certain Damages; Limitation of Liability

11.1.                Provider Indemnity. Provider will, at its expense, defend Customer and its officers, directors, managers, and employees from and against any and all claims, actions, proceedings, and suits brought against Customer by a third party alleging that the Services, when used by Customer as authorized in this Agreement and as provided by Provider, infringe or misappropriate a third party's intellectual property rights. Provider will indemnify Customer for reasonable costs incurred and damages awarded or agreed upon in settlement, resulting from such claims, to the extent such claims arise from Provider’s acts or omissions. Provider shall not be liable for any claims arising from (i) modifications to the Services made by any party other than Provider, (ii) use of the Services not in compliance with this Agreement, or (iii) combination of the Services with any other products not authorized by Provider.

11.2.                Customer Indemnity. Customer will, at its expense, defend Provider and its officers, directors, managers, and employees from and against any and all claims, actions, proceedings, and suits brought against Provider by a third party alleging that the materials provided by Customer infringe or misappropriate a third party’s intellectual property rights. Customer will indemnify Provider for reasonable costs incurred and damages awarded or agreed upon in settlement, resulting from such claims, to the extent they arise from Customer’s acts or omissions. Customer shall not be liable for any claims arising from (i) unauthorized modifications to Customer materials by Provider, (ii) use of Customer materials not in compliance with this Agreement, or (iii) combination of Customer materials with any other Provider data or materials.

11.3.                Process. Any indemnification obligations under this Agreement are subject to the following conditions:

(a)    The party seeking indemnification must promptly provide written notice of the claim to the indemnifying party, provided that any delay in providing such notice will not relieve the indemnifying party of its obligations except to the extent that such delay prejudices its ability to defend the claim. The indemnifying party shall have sole control of the defense and settlement of the claim, except that it may not settle any claim in a manner that imposes obligations or liability on the indemnified party without its prior written consent. The indemnified party must provide reasonable assistance at the indemnifying party’s expense. The indemnifying party will keep the indemnified party reasonably informed of the status of the claim and will not enter into a final settlement without prior written consent.

(b)    If the indemnified party independently negotiates a settlement without the indemnifying party’s written approval, the indemnifying party will not be liable for reimbursement of the settlement amount.

11.4.                Infringement Remedy. If the Services are held or, in Provider’s opinion, are likely to be held to infringe, misappropriate, or violate a third party’s intellectual property rights, Provider may, at its discretion and expense, (a) procure the right for Customer to continue using the affected Services, or (b) modify or replace the affected Services with functionality that is comparable in performance and security while ensuring non-infringement. If neither option is commercially feasible, either party may terminate the Agreement, and Customer will receive a refund of any prepaid fees covering the remainder of the term after the termination date.

11.5.                Waiver of Certain Damages. Except for Customer's breach of representations or restrictions on use, neither party nor its affiliates will be liable for incidental, consequential, special, indirect, exemplary, or punitive damages, costs of replacement services, lost profits, lost savings, or business interruptions, even if the party was advised of the possibility of such damages. In addition, Provider shall not be liable for the criminal acts of third parties. Customer acknowledges that it is responsible for its use of the Services and that Provider shall not be liable for Customer’s reliance on data resulting from the use of the Services.

11.6.                Limitation of Liability. Except for liability related to breaches of confidentiality, indemnification obligations for infringement of intellectual property rights, gross negligence, fraud, willful misconduct, or violations of usage restrictions, each party’s total cumulative liability to the other party under this Agreement will not exceed the total fees paid or payable under the Statement of Work during the six months preceding the first event giving rise to the claim. This limitation applies regardless of the nature of the claim, whether under contract, tort, statute, or any other legal theory. The parties acknowledge that this limitation of liability is an agreed allocation of risk and reflects the terms mutually negotiated in this Agreement.

12.  Additional Terms.

12.1.                Protected Health Information. Protected Health Information. Customer agrees not to transfer, request processing of, or use the Services for any protected health information (PHI) or other data subject to the Health Insurance Portability and Accountability Act (HIPAA) as codified in 45 C.F.R. parts 160 and 164.

12.2.                Data Privacy. To the extant that Provider processes Customer's personal data in a jurisdiction requiring a data processing agreement, Provider will process such data in accordance with Provider’s Data Processing Addendum (DPA), available at https://www.ga4addon.com/data-processing-addendum, which the parties agree is effective between the parties as of the date hereof and is supplemental, applicable and incorporated into this Agreement. Capitalized terms in this Section ‎12.2 not otherwise defined herein have the meanings set forth in the DPA.

13.  Governing Law and Venue, Jury Waiver. This Agreement, and any claim or dispute arising from or related to it, shall be governed by and construed in accordance with the laws of Delaware without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) shall not apply. Any disputes shall be brought exclusively in the state or federal courts located in [Insert Jurisdiction], and each party consents to the exclusive jurisdiction and venue of such courts. To the fullest extent permitted by law, each party waives the right to a trial by jury in any legal proceeding arising from or relating to this Agreement.

14.  Miscellaneous.

14.1.                Status of Parties; No Third-Party Beneficiaries. The parties are independent contractors, and nothing in this Agreement creates an employment, partnership, agency, or joint venture relationship. Each party is responsible for its employees, contractors, and subcontractors. Provider may subcontract Services, provided that subcontractors are bound by confidentiality obligations and Provider remains responsible for their performance. No third party shall have any rights or remedies under this Agreement.

14.2.                Assignment. Neither party may assign or transfer this Agreement without the other party’s prior written consent, except in the case of a merger, acquisition, or sale of substantially all assets. Any prohibited assignment shall be void. This Agreement shall be binding upon and inure to the benefit of the parties and their permitted successors and assigns.

14.3.                Notices. All notices must be in writing and deemed given upon confirmed delivery to the recipient’s designated email or mailing address. Notices to Provider must be sent to [Insert Legal Email] to be effective.

14.4.                Waiver. A party’s failure to exercise any right under this Agreement shall not constitute a waiver of that right. Waivers must be in writing and signed by an authorized representative.

14.5.                Force Majeure. Neither party shall be liable for failure or delay in performance due to circumstances beyond its reasonable control, including acts of government, natural disasters, civil unrest, cyberattacks, or infrastructure failures.

14.6.                Entire Agreement; Severability. This Agreement, including any applicable DPA, constitutes the entire understanding between the parties and supersedes prior agreements. Any conflicting terms in Customer-provided documents are void. If any provision of this Agreement is deemed unenforceable, the remaining provisions shall remain in full force.

14.7.                Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original. Signed copies exchanged electronically shall be binding.

14.8.                Marketing. Unless otherwise agreed, Provider may use Customer’s name and logo to identify Customer as a customer in marketing materials during the term of this Agreement, provided Customer’s trademark usage guidelines are followed.

14.9.                Modifications. Provider reserves the right to modify the Services, the Documentation, and these Terms at any time. While minor modifications may occur without specific notice, Provider will provide reasonable notice of major revisions to these Terms by posting such modifications on the Provider Platforms or by other means of communication, such as email. The effective date of such major revisions will be specified in the notice. Customer's continued use of the Provider Platforms after the effective date of any major revisions constitutes acceptance of the modified terms.

14.10.             Trial Periods. If Customer registers for a trial, the Services will be provided free of charge during the trial period specified in the Statement of Work. After the trial, access to paid features will require a subscription. During the trial, Provider disclaims all warranties and liability for use of the Services.

14.11.             Beta Features. Provider may offer optional beta features for testing purposes, which are provided “as is” and without warranties. Beta features may not be fully functional and may be discontinued at any time. Provider shall have no liability for Customer’s use of beta features.

14.12.             Business Ethics. Each party agrees to conduct business in accordance with high ethical standards, comply with anti-bribery laws, and provide a work environment free from discrimination or harassment. Neither party shall engage in bribery, fraud, or unethical business practices.

15.  Defined Terms.

"Account" means an account that enables Customer to access and use certain Services and may include one or more usernames, passwords, or other designated access methods.

"Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means the direct or indirect ownership of more than fifty percent (50%) of the voting interests of such entity.

"Agreement" refers to these Terms, along with any exhibits, addenda, amendments, or statements of work (SOWs) attached hereto or later signed by both parties.

"Authorized User" means any current employee, consultant, or agent of Customer or its Affiliates whom Customer authorizes to access and use the Services pursuant to this Agreement. Any consultant or agent’s use must be solely in connection with their provision of services to Customer.

"Customer Materials" means all data, documents, information, and other materials provided by or on behalf of Customer to Provider for processing under this Agreement.

"Confidential Information" means non-public information disclosed by one party (the "Discloser") to the other party (the "Recipient") that is marked confidential or should reasonably be understood as confidential, including but not limited to Customer Materials and business processes. Confidential Information does not include information that: (i) is or becomes public without a breach of confidentiality; (ii) is known to the Recipient before disclosure; (iii) is independently developed without reference to Confidential Information; or (iv) is obtained from a third party without a duty of confidentiality.

"Data" means all information submitted, uploaded, transmitted, or processed by Customer or its Authorized Users using the Services, including any transformed or processed outputs created through the Services.

"Deliverables" means materials specifically created for Customer through the Services or professional services provided under this Agreement. Deliverables do not include Provider's software, pre-existing intellectual property, generic data models, or any proprietary components of the Services.

"Destructive Elements" means viruses, worms, malware, Trojan horses, or other harmful code intended to damage, disrupt, or interfere with software, hardware, or data.

"Documentation" means the user guides, instructions, and other documentation provided by Provider in connection with the Services.

"Feedback" means any ideas, suggestions, improvements, or comments Customer provides to Provider regarding the Services. Customer grants Provider a non-exclusive, perpetual, irrevocable license to use such Feedback for any purpose without obligation or compensation.

"Fees" means the amounts payable by Customer to Provider for access to the Services, as set forth in the applicable SOW.

"Intellectual Property Rights" means all patents, copyrights, trademarks, trade secrets, and other proprietary rights recognized under applicable law.

"Order Term" means the period specified in the SOW during which Customer is entitled to access and use the Services.

"Personal Data" means information related to an identifiable individual that is subject to privacy or data protection laws.

"Platform Data" means anonymized, aggregated, or usage-based data generated through the Services that does not include Customer's identifiable data but may be used for benchmarking, analytics, and service improvements.

"Professional Services" means any consulting, implementation, or training services provided under this Agreement.

"Prohibited Content" means content that: (i) is illegal, infringing, or violates third-party rights; (ii) contains defamatory, fraudulent, or deceptive material; (iii) promotes unlawful goods or services; (iv) includes malware or Destructive Elements; or (v) violates applicable laws or regulations.

"Recipient" means the party receiving Confidential Information under this Agreement.

"Sensitive Personal Information" means highly sensitive personal data, such as financial account details, government-issued identification numbers, or protected health information. Customer shall not process Sensitive Personal Information using the Services unless expressly agreed in writing.

"Services" means the software, platform access, and related offerings provided by Provider under this Agreement, as detailed in the SOW.

"Taxes" means any sales, use, value-added, or other similar taxes imposed in connection with this Agreement, excluding taxes based on Provider's net income.

"Training Services" means training courses, whether online or in-person, offered by Provider to assist Customer in using the Services.

"Unit" means the measurement of Services specified in the SOW that determines Customer’s pricing and usage limits.