Product Terms & AI Capability Disclosures for Validity Engage

Last updated: June 2026

These product terms and AI capability disclosures (the “Engage Terms”) for Validity's AI platform and collection of specialized agents and agentic experiences (“Validity Engage”) are a part of and incorporated into any Order Form for Validity Engage or Engage Credits (defined below) between Validity, Inc. (“Validity”) and the entity(ies) identified therein (“Customer”). These Engage Terms, together with the applicable Order Form(s), the General Terms referenced therein, and Validity’s Data Processing Agreement, are collectively referred to as the “Agreement”. Capitalized terms not defined in these Engage Terms are as defined elsewhere in the Agreement.

These Engage Terms apply to Customer’s subscription to and use of Validity Engage and describe (1) the products included with Validity Engage, (2) the credit-consuming capabilities available through Validity Engage, (3) the third-party providers of artificial intelligence (“AI”) models and agents used to deliver certain features of Validity Engage, and (4) additional terms and conditions applicable to Validity Engage. Validity may revise these Engage Terms in its discretion with or without prior notice; however, Validity will make commercially reasonable efforts to notify Customer of material changes. Customer may also subscribe to receive notifications of material changes to the Engage Terms by signing up for email updates using the submission form below.

1. Included products for Validity Engage Subscription

A subscription to Validity Engage includes access to all Validity products listed below (Validity Marketing Success Platform), except for the Sender Certification Service and any professional services offered by Validity. Access to Validity products does not constitute full entitlement to all features or functionality of that product. Certain products may require additional prerequisites or configuration prior to use — including subscriptions to third-party platforms or the purchase of Engage Credits — before they may be used. Customers may request provisioning of any included product through their assigned Account Manager.

Validity Engage Litmus Deliverability & Analytics / aka Everest BriteVerify DemandTools UFBL Mail Charts API Access*

* API access is available only where supported per individual product.

2. Credit-consuming capabilities in Validity Engage

Certain features and functionality available through Validity Engage consume credits purchased by Customer (“Engage Credits”). These capabilities may be delivered through a combination of agentic automation and, where applicable, artificial intelligence (“AI”). Other credit-consuming capabilities reflect automated platform operations that do not rely on AI models or agents.

Notice: The list of credit-consuming capabilities set forth below is subject to change. Customers are encouraged to monitor this page for updates or subscribe to notifications below.

Category	Capability
Engage Experience	Integrated platform chat experience
Engage Experience	MCP, Slack & Teams integrations
Strategy Consultant	Email program & campaign strategic optimization guidance
	Industry, geographic, and direct competitor analysis & recommendations
	Send volume analysis
	Emerging trend notifications & analysis
	Email campaign performance analysis
Monitoring	Deliverability signal monitoring
	Automation and automated content monitoring
	Sender baseline performance
	Deliverability issue detection & prioritized remediation guidance
	Predictive issue alerting
	Deliverability benchmarking
	Campaign attribution for deliverability issue
	Goal & target performance monitoring
Pre-send Optimization	Rendering previews & difference detection
	Generating email fix in HTML
	Brand compliance analysis
	Email content & accessibility analysis
	Email brief alignment
	Proactive deliverability analysis
Contact Data Management	Salesforce contact record deduplication and reconciliation
Contact Data Management	Email contact data validation

3. AI providers

Some capabilities within Validity Engage that utilize AI leverage third-party providers to deliver AI-powered Third-Party Service(s) (defined in the General Terms) through Validity Engage (“Third-Party AI Providers”). Data processed by AI-enabled capabilities may be transmitted to and processed by the Third-Party AI Providers in accordance with any applicable terms and conditions of service of those Third-Party AI Providers (“Third-Party AI Provider Terms”), which are incorporated into these Engage Terms and apply to Customer’s use of AI-powered Third-Party Services available through Validity Engage. For convenience, the table below provides links to applicable Third-Party AI Provider Terms.

Third-Party AI Provider	Third-Party AI Provider Terms
Google LLC	Google API Terms of Service: https://developers.google.com/terms (Google API usage) Gemini API Additional Terms of Service: https://ai.google.dev/gemini-api/terms (Google AI Studio though Gemini API) Service Specific Terms: https://cloud.google.com/terms/service-terms (Generative AI usage) Generative AI Prohibited Use Policy: https://policies.google.com/terms/generative-ai/use-policy (Generative AI usage)
Anthropic PBC	Usage Policy (aka Acceptable Use Policy): https://www.anthropic.com/legal/aup Commercial Terms of Service: https://www.anthropic.com/legal/commercial-terms (API keys) Consumer Terms of Service: https://www.anthropic.com/legal/terms (Claude)
OpenAI LLC	Usage Policies: https://openai.com/policies/usage-policies/ Terms of Use: https://openai.com/policies/terms-of-use/ Services Agreement: https://openai.com/policies/services-agreement/ (APIs) Service Terms: https://openai.com/policies/service-terms/ (APIs, GPTs, Image & Video) Sharing & Publication Policy: https://openai.com/policies/sharing-publication-policy/ (Sharing AI-generated content) Full terms and policies index: https://openai.com/policies/
Amazon Web Services	AWS Acceptable Use Policy: https://aws.amazon.com/aup AWS Customer Agreement: https://aws.amazon.com/agreement/ AWS Service Terms: https://aws.amazon.com/service-terms/ (AI Services and Amazon Bedrock) Serverless Third-Party Models on Amazon Bedrock: https://aws.amazon.com/legal/bedrock/third-party-models/ (Third-Party Models available on Bedrock) AWS Responsible AI Policy: https://aws.amazon.com/ai/responsible-ai/policy/ (AI / ML Services)

Validity reserves the right to add, modify, or discontinue use of Third-Party AI Providers to deliver, evolve, or improve Validity Engage and its capabilities.

4. Product Terms for Validity Engage

4.1 Use Restrictions. Without limiting other restrictions set forth in the Agreement, Customer will not use Validity Engage (or any AI Outputs, as defined below): (i) to develop, train, fine-tune, benchmark, or optimize any machine learning models, AI systems, or similar technology of Customer or third parties; (ii) to develop the same or similar functionality as Validity Engage capabilities for Customer’s products or services; (iii) to represent to or mislead (or permit a third party to represent to or mislead) any person or entity that AI Output was generated by Customer or by human sources without AI; or (iv) in excess of the Engage Credits purchased by Customer.

4.2 Processing of Customer Data. Customer Data will not be used or processed by Validity for AI training purposes. Customer’s Personal Data will be used and processed by Third-Party AI Providers in accordance with applicable Third-Party AI Provider Terms.

4.3 AI Outputs. Outputs generated by AI which are based on Customer Data input(s) are "AI Output(s)" hereunder and are Customer Data. As between Validity and Customer, Customer owns all right, title, and interest in and to AI Outputs, subject to: (i) Validity's intellectual property rights in and to Validity Engage and to any of its other products and services as set forth in the Agreement, and to the formatting, design, and other elements of the presentation of AI Outputs and their content; and (ii) any limitations or restrictions on use or disclosure of AI Output imposed herein or by Third-Party AI Provider Terms.

4.4 Customer Acknowledgments. Customer acknowledges and agrees that (i) Validity Engage includes AI components made available by Third-Party AI Providers and use of those AI-powered components are subject to the Third-Party AI Provider Terms, and (ii) Validity may add, modify, or discontinue capabilities of Validity Engage or related professional services at any time in Validity’s sole discretion.

4.5 Disclaimers. WITHOUT LIMITING ANY OTHER TERMS IN THE AGREEMENT, AI OUTPUTS AND PROFESSIONAL SERVICES MAY CONTAIN INACCURACIES, ERRORS, OR INCOMPLETE INFORMATION, AND CUSTOMER IS SOLELY RESPONSIBLE FOR REVIEWING, VALIDATING, AND DETERMINING THE APPROPRIATENESS OF ANY AI OUTPUT AND PROFESSIONAL SERVICES. NOTHING IN THESE ENGAGE TERMS OR OTHERWISE IN THE AGREEMENT CONSTITUTES A WARRANTY FROM VALIDITY THAT AI OUTPUTS OR PROFESSIONAL SERVICES WILL BE ACCURATE, COMPLETE, ERROR-FREE, FIT FOR ANY PARTICULAR PURPOSE, OR MEET CUSTOMER’S NEEDS. VALIDITY MAKES NO, AND DISCLAIMS ALL, REPRESENTATION OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, STUATUTORY, OR IMPLIED, OR ARISING OUT OF CUSTOM, DEALING, TRADE, OR USAGE, RELATED TO AI OUTPUTS OR PROFESSIONAL SERVICES. NO STATEMENT BY VALIDITY’S EMPLOYEES, CONTRACTORS, AGENTS, OR REPRESENTATIVES SHALL BE DEEMED TO BE A WARRANTY BY VALIDITY FOR ANY PURPOSE OR GIVE RISE TO ANY LIABILITY ON THE PART OF VALIDITY WITH RESPECT TO AI OUTPUTS OR PROFESSIONAL SERVICES.

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