TERMS OF SERVICE

TERMS OF SERVICE

Last updated: August 23, 2025

IMPORTANT — PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES, LIMITATIONS OF LIABILITY, AND AN ARBITRATION/CLASS ACTION WAIVER

These Terms of Service ( Terms ) govern your access to and use of enfusionize.ai and related sites, apps, tools, and services (collectively, the Services ) operated by enfusionize LLC ( enfusionize ," " we," " us," or "our" ). By accessing or using the Services, you agree to these Terms and our Privacy Statement. If you do not agree, do not use the Services.

These Terms form a binding agreement between enfusionize and you, and if you are using the Services on behalf of a business, you includes that business and you represent that you are authorized to bind it to these Terms.

1) ELIGIBILITY AND ACCOUNTS

• You must be at least 18 (or the age of majority where you live) and have the legal capacity to enter a contract

• You agree to provide accurate account information, keep credentials confidential, and promptly notify us of any unauthorized use. You are responsible for all activity under your account.

2) SCOPE OF SERVICES (WEBSITE, SAAS, AND PROFESSIONAL SERVICES)

• Website and Content: We provide educational and informational content. Nothing on the Services is legal, tax, financial, or professional advice.

• Professional Services (Consulting/Agency): If you purchase consulting, implementation, creative, or campaign services ( Professional Services ), the scope, milestones, deliverables, and fees will be defined in a statement of work or order ( SOW/Order ). Changes require a written change order.

• Professional Services (Consulting/Agency): If you purchase consulting, implementation, creative, or campaign services ( Professional Services ), the scope, milestones, deliverables, and fees will be defined in a statement of work or order ( SOW/Order ). Changes require a written change order.

• Work Product and Tools: As between the parties, (a) your pre-existing materials and Customer Data remain yours; (b) our pre-existing materials, methodologies, templates, code, models, and know-how remain ours; and (c) upon full payment, you receive a worldwide, non-exclusive license to use final deliverables for your internal business purposes, subject to any third-party license terms. We may re-use our generalized learnings and non-confidential know-how.

• Portfolio Reference: Unless you opt out in writing, you grant us permission to list your name and non-confidential marks and to describe the engagement at a high level in our portfolio and marketing.

3) SUBSCRIPTIONS, BILLING, AND TAXES

• Fees and Renewals: Subscription plans are billed in advance and auto-renew for successive terms unless you cancel before the renewal date. You authorize us (and our payment processors) to charge all applicable fees and taxes to your payment method.

• Trials and Credits: Trials, coupons, and credits, if offered, are subject to their terms and may be modified or revoked.

• Price Changes: We may change prices upon notice effective at the next renewal.

• Refunds: Except where required by law or expressly stated, all fees are non-refundable.

• Late/Failed Payments: We may assess late fees or suspend Services for non-payment. You are responsible for chargeback fees.

• Taxes: Fees are exclusive of sales, use, VAT/GST, or similar taxes, which you must pay where applicable.

4) ACCEPTABLE USE AND PROHIBITED CONDUCT

You will not, and will not allow others to:

• access or use the Services in violation of law;

• infringe intellectual property or privacy rights;

• upload malicious code, interfere with security or operations, or attempt to gain unauthorized access;

• scrape, crawl, or harvest content except via documented APIs;

• resell, redistribute, frame, or mirror the Services;

• reverse engineer, decompile, or otherwise attempt to derive source code or models;

• send spam or engage in deceptive, fraudulent, or harmful activities;

• submit Protected Health Information (HIPAA), full payment card data (PCI) beyond permitted fields, or other regulated data unless we have agreed in writing to appropriate safeguards. Use of our generative AI/chat features is also governed by our AI Supplemental Terms.

5) INTELLECTUAL PROPERTY; FEEDBACK; DMCA

• Ownership: The Services, software, documentation, templates, designs, and all related IP are owned by enfusionize and its licensors. No rights are granted except as expressly stated.

• Feedback: You grant us a perpetual, worldwide, royalty-free license to use suggestions or feedback to improve our offerings.

• Copyright Notices: For alleged infringements, contact:

Copyright Agent, enfusionize LLC, legal@enfusionize.ai, Mailing address: [Insert mailing address].

Include all information required by 17 U.S.C. §512(c)(3). Counter-notices must satisfy §512(g).

6) CUSTOMER DATA; PRIVACY; DATA SECURITY; DPA

• Customer Data: Customer Data means data, files, and content you or your users submit to the Services. As between the parties, you own Customer Data. You grant us a limited license to host, process, transmit, and display Customer Data to provide and support the Services, prevent abuse, comply with law, and as otherwise permitted by our Privacy Statement.

• Privacy: Our collection and use of personal information is described in our Privacy Statement.

• Security: We implement commercially reasonable administrative, technical, and organizational safeguards. No method is 100% secure.

• Data Processing: Where we process personal data on your behalf, our Data Processing Addendum (DPA) (including SCCs/UK addendum, as applicable) is incorporated by reference upon request or execution.

• Data Export and Deletion: During your subscription you can export Customer Data using available features. Upon termination, we will retain Customer Data for up to 30 days for export (unless legally required to retain longer) and then delete or anonymize it from active systems within a commercially reasonable period.

7) SERVICE LEVELS, SUPPORT, AND CHANGES

• Availability: We use commercially reasonable efforts to keep the SaaS available, excluding planned maintenance and events beyond our reasonable control.

• Support: We provide standard support through our published channels; upgraded SLAs may be available by SOW/Order.

• Changes: We may modify features, impose or change limits, or discontinue components, provided we do not materially reduce core functionality of a paid plan during the current term without comparable alternatives or pro-rated credits at our discretion.

8) THIRD-PARTY SERVICES

The Services may interoperate with third-party tools or include links to third-party sites. We are not responsible for third-party services and they may be subject to their own terms and privacy policies. You are responsible for enabling and managing any third-party integrations.

9) DISCLAIMERS

EXCEPT AS EXPRESSLY STATED IN A SIGNED SOW/ORDER, THE SERVICES (INCLUDING ALL CONTENT, SOFTWARE, BETA/EXPERIMENTAL FEATURES, AND PROFESSIONAL SERVICES) ARE PROVIDED AS IS AND AS AVAILABLE, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE ERROR-FREE, UNINTERRUPTED, OR THAT RESULTS WILL BE ACCURATE OR RELIABLE. YOUR BUSINESS RESULTS WILL VARY.

10) LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (A) IN NO EVENT WILL ENFUSIONIZE , ITS AFFILIATES, OR ITS LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, REVENUE, SAVINGS, DATA, OR GOODWILL, EVEN IF ADVISED OF THE POSSIBILITY; AND (B) OUR TOTAL LIABILITY FOR ALL CLAIMS IN THE AGGREGATE IS LIMITED TO THE LESSER OF USD $1,000 OR THE AMOUNTS YOU PAID TO ENFUSIONIZE FOR THE SERVICES IN THE ONE (1) MONTH IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO PARTS OF THIS SECTION MAY NOT APPLY.

11) INDEMNIFICATION

You will defend, indemnify, and hold harmless enfusionize , its affiliates, and their officers, directors, employees, and agents from and against any third-party claims, losses, and expenses (including reasonable attorneys fees) arising from or related to: (a) your Customer Data or content; (b) your use of the Services; (c) your breach of these Terms or law; or (d) alleged infringement or misappropriation caused by your materials or use.

12) TERM, SUSPENSION, AND TERMINATION

• Term: These Terms apply while you access or use the Services. Subscription terms are as enfusionize Policies 2025-09-08 Page 5 stated in your plan or SOW/Order.

• Suspension: We may suspend access for non-payment, security risks, suspected fraud, policy violations, or legal compliance.

• Termination: Either party may terminate for material breach not cured within 10 days after written notice. You may cancel a subscription at any time; cancellation is effective at the end of the current term.

• Effect: Upon termination or expiration, your access ceases; Sections 5 11 and 13 19 survive. Data export/deletion is described in Section 6.

13) GOVERNING LAW; ARBITRATION; CLASS ACTION WAIVER

• Informal Resolution: Before filing a claim, you agree to email legal@enfusionize.ai with a description of the dispute and attempt good-faith resolution for 120 days.

• Arbitration: Except where prohibited by law, any dispute arising out of or relating to these Terms or the Services that is not resolved informally will be resolved by binding, confidential arbitration administered by the American Arbitration Association ( AAA ) under its Commercial Arbitration Rules, by a single arbitrator, in English, in San Diego, California. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this provision.

• Class Action/Jury Waiver: You and we agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, or representative proceeding, and waive the right to a jury trial. If the class waiver is found unenforceable, this arbitration section is void as to that claim.

• Time Limit: Any claim must be filed within one (1) year after it arose.

14) EXPORT CONTROLS AND SANCTIONS

You represent that you are not located in, organized in, or a resident of any embargoed country and are not a denied or restricted party under applicable export or sanctions laws. You will comply with all export, re-export, and sanctions regulations.

15) FORCE MAJEURE

We are not liable for delays or failures caused by events beyond our reasonable control (including natural disasters, acts of government, labor disputes, internet or provider failures, or other force majeure events).

16) ASSIGNMENT

You may not assign these Terms without our prior written consent. We may assign these Terms (in whole or part) without notice in connection with a merger, acquisition, reorganization, or sale of assets.

17) ELECTRONIC COMMUNICATIONS; E-SIGNATURE

You consent to receive communications electronically and agree that electronic agreements, notices, and records satisfy any legal requirements for writings or signatures.

18) CHANGES TO THESE TERMS

We may update these Terms from time to time. The Last updated date will reflect changes. Material changes will take effect at your next renewal or as otherwise stated. Your continued use after the effective date constitutes acceptance.

19) SEVERABILITY; WAIVER; ENTIRE AGREEMENT

If any provision is unenforceable, the remainder remains in effect. No waiver is effective unless in writing and signed by enfusionize . These Terms, our Privacy Statement, AI Supplemental Terms, DPA (if applicable), and any SOW/Order constitute the entire agreement and supersede prior agreements on the subject.

20) CONTACT

Support: support@enfusionize.ai

Legal: legal@enfusionize.ai

Mailing Address: enfusionize LLC, Attention Legal Department,