Engage

Customer uses credits purchased from Validity to access and use the Engage Service(s), which include AI components. Engage is Validity AI platform and collection of specialized agents & agentic experiences. Engage includes access to all produces except Sender Certification & Professional Services. Engage operates on a credit-based system, where certain features and actions consume credits.

Litmus Personalize Pro

Customer uses Credits purchased from Validity to access and use the Litmus Personalize Pro Service, which entitles Customer access to the number of allotments as defined in this Customer's Order Form. By electing to use Litmus AI powered services, features, or functionality, Customer hereby agrees to the https://www.litmus.com/ai-terms.

Non-AI Capabilities

The below capabilities do not require the use of AI to deliver Service(s) to Validity customers.

BriteVerify

Customer uses Credits purchased from Validity to access and use the verifications, integrations and the allotments as defined in this Customer's Order Form. Certain geographic limitations apply. Validity reserves the right to monitor the Customer's usage. In the event Customer's usage exceeds any allotments in the Order Form, Customer may purchase additional allotments. If Customer doesn't purchase additional allotments, Validity has the right to bill overages monthly in arrears at the rate specified in the current Order Form at standard payments terms, Net 30 days. Unused allotments are forfeited at the end of the Service Term or annually, whichever is less, are non-transferable, do not rollover to any subsequent terms and are non-refundable.

DemandTools

Customer uses Credits purchased from Validity to access and use the DemandTools Service(s). Service may only be used on the designated CRM production organization ID(s) and is limited to the seat count specified in this Customer's Order Form.

Certification

Customer uses Credits purchased from Validity to access and use the Certification Service(s). The Validity Sender Certification program ("Certification Program") requires that Customer adhere to the Certification Requirements set forth at https://validity.com/legal/certification-requirements (or successor URL) as amended from time to time and respond to Questionnaire(s) provided by Validity from time to time. In addition to other termination provisions in the Agreement and in Validity's sole discretion, Validity shall have the right to terminate the Agreement or the Certification portion of this Customer's Order Form without any refund of Fees if: (i) Customer is in violation of the Certification Requirements and does not cure such violation within thirty (30) days of being notified by Validity; or (ii) any of Customer's IPs or domains repeatedly fail to meet Certification Requirements (even if Customer has in each instance cured such non-compliance). Validity may immediately suspend or exclude from the Certification Program certified IP address(es) or domain(s) for any activity inconsistent with the objectives of this Agreement, including Certification Requirements, as determined by Validity in its sole discretion.

UFBL

Customer uses Credits purchased from Validity to access and use the uFBL Service, which entitles Customer access to the number of allotments as defined in this Customer's Order Form. Validity reserves the right to monitor the Customer's allotment usage. In the event Customer exceeds the allotments included in this Customer's Order Form, Customer may purchase additional Credits/allotments. If Customer does not purchase additional Credits/allotments, Validity has the right to bill Customer for the quantity exceeding the allotments included in this Customer's Order Form, monthly in arrears, at a rate of $.008 per complaint with payment terms Net 30. Unused allotments are forfeited at the end of the Service Term are non-transferable, do not rollover to any subsequent Service Term and are non-refundable.

Mail Charts

Customer uses Credits purchased from Validity to access and use the Mail Charts Service, which entitles Customer full access for an unlimited number of Users.

Gridbuddy (Connect)

Customer uses Credits purchased from Validity to access and use the Gridbuddy Connect Service, which provides Customer access to the number of named users listed in this Customer's Order Form.

API Access

Customer internally uses a certain Customer-developed software application or service that provides functionality with respect to emails ("Customer Solution"). Customer desires to integrate the Service into the Customer Solution so that Users have access to the Service through Customer's own interface (in addition to the default access to the Service via the Website).

1. Access to the Litmus API. During the Subscription Term, Customer shall have a non-exclusive, non-sublicensable, nontransferable, limited right, in accordance with the other terms and conditions of this Customer's Order Form, to purchase Credits from Validity and use them in order to:

1. Use the information contained in the OAuth and Instant sections of the API Documentation (as defined below) to enable the Customer Solution to interface via the Internet with the Litmus application protocol interface for the Service (the "Litmus API") in order to make the Service available to Customer and its User as described in the API Documentation and the terms of this Customer's Order Form.
2. Stream via the Internet emails submitted by each of Customer's Users to the Litmus API (hosted by Litmus), receive in response from the Litmus API the Email Previews for such submitted emails, and display such Email Previews only to such Users via the Customer Solution as described in the API Documentation.
3. For clarity and notwithstanding anything to the contrary in the API Documentation, Users may access and use the Service via the Customer Solution solely for Customer's own internal business purposes, and not for the use or benefit of any third party, unless otherwise expressly permitted in the Order Form.

2. Integration into Customer Solution; Certain Litmus and Customer Obligations.

1. Litmus shall make available for Customer to download certain application protocol interface documentation for the Service (the "API Documentation") that Litmus makes available to developers or similar customers from time to time during the Subscription Term.
2. Customer acknowledges and agrees that the Service integrated with the Customer Solution via the Litmus API may differ in some respects (including functional differences) from the standard stand-alone Service.
3. Customer acknowledges and agrees that only Users may use and access the Service through the Customer Solution (or through the Website).
4. Customer shall display the Email Previews as provided by Litmus in the Customer Solution. Customer may not delete from, add to, or otherwise modify the Email Previews or their display in any manner, or by blocking or obscuring any portion of the display, without the prior written approval of Litmus.
5. Litmus shall have the right to view and inspect the Customer Solution. Upon request by Litmus from time to time, Customer will promptly provide Litmus with a no-cost copy of (or remote access to, for software as a service) the Customer Solution, in order to enable Litmus to confirm Customer's compliance with the terms of this Customer's Order Form and the Agreement.

AI Providers and Models

For the capabilities which use AI (as noted above), the following AI providers and models are used by Validity to deliver Service(s):

• Google LLC
• Anthropic PBC
• OpenAI LLC
• Amazon Web Services

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