The agreement that binds us.

You must be at least 18 years of age and legally capable of entering into a binding contract under applicable law. By using the Service, you represent and warrant that you meet these requirements.

If you access or use the Service on behalf of a legal entity, you represent and warrant that you have full authority to bind that entity to these Terms, and that entity accepts these Terms.

Customer represents and warrants that Customer is accessing and using the Service exclusively in the course of, and for the purposes of, Customer's trade, business, profession, craft, or other commercial or professional activity, and not as a "consumer" within the meaning of the Thai Consumer Protection Act B.E. 2522 (1979), the Thai Unfair Contract Terms Act B.E. 2540 (1997), Directive 93/13/EEC (Unfair Terms in Consumer Contracts Directive), Directive 2011/83/EU (Consumer Rights Directive), the UK Consumer Rights Act 2015, the U.S. Magnuson-Moss Warranty Act, or any analogous consumer-protection statute in any other jurisdiction. Customer acknowledges that the pricing, allocation of risk, limitations of liability, indemnification obligations, dispute-resolution mechanism, and other commercial terms of these Terms have been negotiated, drafted, and offered on the express basis that Customer is contracting in a business-to-business capacity, and that the Company would not offer the Service on the same commercial terms to consumers. Where, notwithstanding the foregoing representation, mandatory consumer-protection law of any jurisdiction is held to apply to a particular Customer or transaction, the provisions of these Terms shall be enforced to the maximum extent permitted by such law, and the remaining provisions shall continue in full force and effect in accordance with Section 22.2.

You agree to provide accurate, complete, and current information during registration and to keep such information updated.

You are solely responsible for maintaining the confidentiality of your credentials and for all activities that occur under your Account. You must notify us immediately at support@dataglasslabs.com of any unauthorized use of or access to your Account. We are not liable for any loss or damage arising from your failure to comply with this obligation.

You are responsible for ensuring that all Authorized Users comply with these Terms. You are liable for any breach of these Terms by your Authorized Users.

The Service may, depending on your plan:

• Connect to Third-Party Platforms to ingest Customer Data;
• Compute analytics such as profit or net revenue estimates, including estimated fees, discounts, returns, and advertising costs;
• Generate Recommendations and suggested actions;
• Offer tools to initiate Execution on Third-Party Platforms, where enabled.

THE SERVICE PROVIDES DECISION SUPPORT AND OPERATIONAL TOOLING ONLY. WE DO NOT GUARANTEE, WARRANT, OR PROMISE ANY SPECIFIC BUSINESS RESULTS, INCLUDING WITHOUT LIMITATION REVENUE, PROFIT, RETURN ON ADVERTISING SPEND (ROAS), MARKETPLACE RANKING, SALES VOLUME, COST SAVINGS, OR ANY OTHER PERFORMANCE METRIC OR UPLIFT. ALL RECOMMENDATIONS, PROJECTIONS, FORECASTS, AND SUGGESTED ACTIONS ARE INFORMATIONAL, NON-BINDING, AND DO NOT CONSTITUTE PROFESSIONAL, FINANCIAL, INVESTMENT, OR LEGAL ADVICE.

We reserve the right to modify, update, suspend, or discontinue any aspect of the Service at any time, with or without notice. If we materially reduce core functionality of a paid plan, we will use reasonable efforts to provide at least 14 days' prior notice. Continued use of the Service after any modification constitutes acceptance of the modification.

We may perform scheduled and unscheduled maintenance, updates, migrations, and infrastructure changes that temporarily limit or interrupt Service availability. We will use reasonable efforts to schedule planned maintenance during off-peak hours and to provide advance notice when practicable, but we are not obligated to do so. We do not guarantee any specific level of uptime, availability, or response time, and we shall have no liability for Service interruptions, slowdowns, or outages, whether caused by maintenance, infrastructure issues, third-party dependencies, or other factors.

Your use of Third-Party Platforms is governed exclusively by those platforms' own terms, policies, and restrictions. We are not responsible for Third-Party Platforms, including any API changes, outages, suspensions, inaccurate data returned, enforcement actions, or compliance with their policies.

By connecting a Third-Party Platform, you (a) represent that you have all rights and permissions necessary to authorize such connection, (b) authorize us to access Customer Data within the permission scope you approve, and (c) where Execution is enabled, authorize us to perform Execution actions within that scope.

Third-Party Platforms may impose rate limits, permission restrictions, or policy changes that affect or limit the Service. We are not liable for any Service limitations, inaccuracies, or failures caused by such third-party constraints.

You may revoke access to a Third-Party Platform at any time through that platform's settings or within the Service (if available). Revocation may reduce or eliminate certain Service functionality. We are not responsible for data or actions that occurred prior to revocation.

The Service integrates with, and may transmit Customer Data (including personal data contained therein) to, Third-Party AI Service Providers for the purpose of generating Recommendations, performing analytics, processing natural language queries, and delivering AI-powered features. By using the Service, you expressly authorize the Company to share, transmit, and make available Customer Data to such Third-Party AI Service Providers as necessary to operate the Service. You acknowledge that:

• Customer Data transmitted to Third-Party AI Service Providers is subject to those providers' own terms of service, data processing agreements, and privacy policies, which may differ from ours;
• Third-Party AI Service Providers may process Customer Data on infrastructure located outside the Kingdom of Thailand, and such processing is subject to the cross-border transfer provisions in Section 7.8;
• We will use commercially reasonable efforts to select Third-Party AI Service Providers that maintain appropriate data protection and security standards, but we do not control and are not responsible for the data handling practices, security incidents, or processing activities of such providers beyond what is required by our agreements with them;
• Some Third-Party AI Service Providers may use data submitted through their APIs to improve their own models or services, unless we have opted out on your behalf where such opt-out is available. We will use commercially reasonable efforts to opt out of model training by Third-Party AI Service Providers where such options exist;
• We may change, add, or remove Third-Party AI Service Providers at any time without prior notice, provided that we continue to maintain appropriate data protection agreements with such providers; and
• We shall have no liability for any errors, inaccuracies, hallucinations, or unexpected outputs generated by Third-Party AI Service Providers, or for any loss arising from the unavailability, deprecation, or modification of such providers' services.

Third-Party AI Service Providers are considered subprocessors for the purposes of Section 7.7 and are subject to the same disclosure obligations described therein.

As between you and us, you retain ownership of Customer Data that you provide. Nothing in these Terms transfers ownership of Customer Data to us.

By using the Service, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable license (irrevocable during the term of your Account, subject to Section 13.4, and to the extent permitted by applicable law) to access, collect, host, store, copy, process, analyze, reproduce, transmit, display, adapt, and otherwise use Customer Data for any of the following purposes:

• Providing, maintaining, operating, securing, and supporting the Service;
• Generating Recommendations and analytics for your Account;
• Creating, training, validating, improving, and operating machine learning models, algorithms, and AI systems used in or for the Service;
• Producing De-identified Data and Aggregated Data (see Sections 6.3 and 6.4);
• Benchmarking, product research, and business intelligence activities;
• Detecting and preventing fraud, abuse, and security incidents;
• Complying with applicable law and enforcing these Terms.

For clarity, this license includes the right to use Customer Data to train, fine-tune, evaluate, and improve AI and machine learning models that power or may be incorporated into the Service, including generalized models, provided that such use is in accordance with Section 6.3.

We may de-identify and/or aggregate Customer Data such that the resulting data does not and cannot reasonably identify you, your store, or any individual ("De-identified Data" or "Aggregated Data"). We own all right, title, and interest in and to De-identified Data and Aggregated Data and may, to the extent permitted by applicable law, use, disclose, license, and otherwise exploit such data for any lawful purpose, provided that such data does not identify Customer, including but not limited to:

• Operating, improving, and developing the Service;
• Training, fine-tuning, and validating AI and machine learning models;
• Industry benchmarking, analytics products, and research;
• Commercial purposes, including sale or licensing to third parties, provided the data does not identify you.

To the extent permitted by applicable law, you waive any claim against us arising from our use of De-identified Data or Aggregated Data in accordance with this Section.

In addition to the use of De-identified Data described above, and subject to the license granted in Section 6.2, we may use Customer Data (including in identifiable or pseudonymous form) to train, fine-tune, test, and improve AI and machine learning models used in the Service. Such use is subject to our obligations under Section 7 (Data Handling and Security) and our Privacy Policy. If you wish to opt out of identifiable Customer Data being used for model training (but not De-identified or Aggregated Data, which we retain the right to use regardless), you must notify us in writing at support@dataglasslabs.com. Opt-out applies prospectively from the date of receipt; it does not affect training already completed prior to your opt-out request and does not entitle you to deletion of weights derived from prior training. Opting out may limit certain AI-powered features, reduce the accuracy or personalization of Recommendations, and cause the Service to rely more heavily on rules-based or non-trained components. We may also make an opt-out setting available in your Account settings in the future.

During an active Subscription, we retain Customer Data as needed to provide the Service. After cancellation or termination, we may retain Customer Data for up to 60 days (or longer if required by applicable law or for legitimate dispute resolution purposes), after which we may delete or de-identify it. De-identified Data and Aggregated Data may be retained indefinitely.

Where technically available, you may export certain Customer Data, subject to plan limits and technical feasibility. We make no guarantee of export functionality.

(a) Company-Owned Assets. As between the parties, the Company exclusively owns, and shall retain all right, title, and interest (including all worldwide intellectual property rights) in and to, the following (collectively, "Company Assets"): (i) the Service and all software, source code, object code, application programming interfaces, schemas, data models, user interfaces, designs, workflows, configurations, and documentation comprised therein; (ii) all algorithms, mathematical models, optimization techniques, statistical methods, heuristics, prompt-engineering techniques, system prompts, weights, hyperparameters, training pipelines, evaluation harnesses, and other proprietary methodologies developed, used, deployed, or refined in or for the Service ("Methodologies"); (iii) all artificial-intelligence and machine-learning models, fine-tuned model checkpoints, embeddings, vector stores, knowledge bases, and derived model artifacts that incorporate, are trained on, or are derived from Customer Data in combination with other data (provided that the Company's ownership of such models does not, by itself, grant the Company ownership of the underlying Customer Data, which remains subject to Section 6.1); and (iv) all Recommendations, analytical outputs, forecasts, simulations, projections, fee and profit breakdowns, anomaly detections, summaries, dashboards, visualizations, suggested actions, and other materials produced by the Service (collectively, "Outputs"), other than the Customer Data inputs from which they are derived.

(b) License to Customer for Outputs. Subject to Customer's continuing compliance with these Terms and timely payment of all applicable fees, the Company hereby grants to Customer a limited, non-exclusive, non-transferable, non-sublicensable (except to Authorized Users), revocable, worldwide license, during the term of the Subscription, to access, view, download, and use the Outputs solely for Customer's internal business operations and for the purpose of making and implementing business decisions relating to Customer's e-commerce stores. Upon expiration or termination of the Subscription, Customer's license to use Outputs terminates, except that Customer may retain copies of Outputs already exported in good faith during the Subscription term, solely for internal record-keeping, regulatory compliance, audit, tax, and historical-reference purposes, and subject to the surviving confidentiality and non-competing-use restrictions set forth in Sections 8.3, 10, 11, and 14.

(c) Restrictions on Use of Outputs. Customer shall not, and shall not permit any third party to: (i) sell, resell, sublicense, lease, rent, distribute, redistribute, syndicate, or otherwise commercially exploit the Outputs as a standalone data product or service; (ii) use the Outputs to develop, train, fine-tune, evaluate, benchmark, or improve any product, service, model, algorithm, or methodology that competes with the Service or any feature thereof, or to extract, replicate, or reverse-engineer the Methodologies; (iii) publish, post, or disseminate the Outputs in a manner that would reasonably allow a third party to derive or reconstruct the Methodologies; (iv) remove, alter, or obscure any proprietary notice, attribution, watermark, or branding included in or associated with the Outputs; or (v) use the Outputs in violation of applicable law, Third-Party Platform terms, or these Terms.

(d) No Implied Licenses; Reservation of Rights. Except for the limited license expressly granted to Customer in Section 6.7(b), no rights or licenses, whether by implication, estoppel, exhaustion, or otherwise, are granted by the Company to Customer or any third party with respect to the Company Assets, the Methodologies, the Outputs, or any other Company intellectual property. The Company expressly reserves all rights not expressly granted under these Terms.

(e) Independence of Outputs Across Customers. Customer acknowledges and agrees that the Company provides the Service to many customers, and that Outputs (including Recommendations, analyses, and suggested actions) generated for other customers may be identical, substantially similar, or analogous to Outputs generated for Customer, including with respect to identical or analogous fact patterns. Customer shall have no claim against the Company, and shall not assert any claim of misappropriation, unjust enrichment, breach of confidence, or unfair competition, in respect of any such similar or analogous Outputs delivered to other customers, provided that the Company does not disclose Customer's identifiable Customer Data to other customers in violation of Section 7.

Our handling of personal data is described in our Privacy Policy at https://dataglasslabs.com/privacy (incorporated by reference). In the event of a conflict between these Terms and the Privacy Policy regarding personal data, the Privacy Policy controls.

We maintain commercially reasonable administrative, technical, and organizational measures designed to protect Customer Data from unauthorized access, disclosure, alteration, or destruction. No security system is impenetrable. You acknowledge and accept the inherent risks of providing data over the internet and storing data electronically.

You represent and warrant that you have all rights, consents, and permissions necessary to provide Customer Data to us and to authorize our use of it as described in these Terms. You agree not to upload Customer Data that you do not have the legal right to use and share.

Unless we expressly agree in writing, you must not provide, and we do not intend to process, highly sensitive personal data such as government identification numbers, full payment card data, biometric data, or protected health information. We disclaim all liability for any such data provided in breach of this Section.

If we become aware of a confirmed security incident materially affecting Customer Data, we will notify affected Customers without undue delay and in any event within the timeframes required by applicable law (including, where the PDPA applies, notification to the Personal Data Protection Committee within seventy-two (72) hours of becoming aware of the breach where required under Section 37(4) of the PDPA). Notice obligations are solely those mandated by applicable law; we do not assume greater notification obligations by contract.

For the purposes of the Thailand Personal Data Protection Act B.E. 2562 (2019) ("PDPA") and any applicable data protection laws, the Customer is the data controller of any personal data within Customer Data, and the Company acts as a data processor on behalf of Customer to provide, operate, and improve the Service, unless otherwise agreed in a separate written Data Processing Addendum ("DPA"). The Customer is responsible for ensuring that it has a lawful basis under the PDPA (or other applicable law) to collect, use, and disclose the personal data it provides to or authorizes the Company to access, and for providing any required notices or obtaining any required consents from data subjects. Where mandatory data-protection law applicable to Customer's use of the Service requires a written data processing addendum between controller and processor, the Company will consider in good faith, upon Customer's written request to legal@dataglasslabs.com, entering into a reasonable addendum to give effect to such requirement.

We use third-party subprocessors to operate the Service, including but not limited to cloud infrastructure and hosting providers, content delivery networks, analytics and observability services, email delivery providers, payment processors, and AI/ML service providers. Customer Data may be stored, replicated, distributed, and processed across multiple cloud regions and service providers as necessary for performance, reliability, redundancy, disaster recovery, and the purposes described in these Terms (including de-identification, aggregation, model training, and analytics). We will maintain a list of material subprocessors and will provide it to Customer upon written request to support@dataglasslabs.com. We remain responsible for our subprocessors' compliance with applicable data processing obligations with respect to Customer Data, and we will enter into appropriate written agreements with each subprocessor imposing data protection obligations no less protective than those set forth in these Terms.

Customer acknowledges and agrees that Customer Data (including personal data) may be processed, stored, replicated, and transferred to servers and infrastructure located outside the Kingdom of Thailand, including but not limited to the United States, the European Union, Singapore, and other jurisdictions where our cloud infrastructure providers and subprocessors maintain facilities. Where PDPA cross-border transfer requirements under Sections 28 or 29 of the PDPA apply, we will implement an applicable transfer mechanism and appropriate safeguards consistent with requirements issued by the Personal Data Protection Committee ("PDPC"), which may include standard contractual clauses, binding corporate rules, certifications, or other mechanisms recognized by the PDPC. By using the Service, Customer consents to the cross-border transfer and processing of Customer Data as described in this Section and authorizes the Company to move, distribute, and process Customer Data across jurisdictions as necessary for the operation, security, improvement, and scaling of the Service.

To the extent required by applicable law (including PDPA Sections 24–25), the Company will provide commercially reasonable assistance to Customer to respond to verified data subject requests (including requests for access, deletion, portability, or objection) relating to personal data contained in Customer Data, subject to technical feasibility, plan limits, and our operational capacity. Customer is responsible for verifying the identity of data subjects and the validity of their requests before forwarding them to us. We will use commercially reasonable efforts to respond to such requests within ninety (90) days of receipt. This assistance may be subject to additional fees if the volume or complexity of requests exceeds what is commercially reasonable. For the avoidance of doubt, data subject requests do not require the Company to delete De-identified Data or Aggregated Data, or to reverse any model training conducted in accordance with Section 6.

The Company may receive subpoenas, search warrants, court orders, production orders, preservation orders, civil investigative demands, regulatory inquiries, national-security requests, and other compulsory legal process or governmental requests (collectively, "Legal Process") seeking the disclosure, preservation, or production of Customer Data or other information about Customer or its Authorized Users. The Company's response to Legal Process shall be governed by the following principles, in each case to the extent permitted by applicable law and not prohibited by the terms of the Legal Process itself or any associated gag order, sealing order, or non-disclosure directive:

• Notification to Customer. The Company will use commercially reasonable efforts to notify Customer of the Legal Process prior to disclosure, by email to the address associated with Customer's Account, in sufficient time to allow Customer to seek a protective order, motion to quash, or other legal remedy, except where: (i) the Legal Process expressly prohibits such notification; (ii) the Company is otherwise legally prohibited from providing notice (including by a non-disclosure order, sealing order, gag order, or national-security directive); (iii) the Company reasonably believes that notification would create a risk of injury or death to any person, obstruction of an investigation into a crime against minors, or destruction or tampering with evidence; or (iv) the Legal Process relates to an emergency matter involving imminent danger.
• Cooperation with Customer's Challenge. Where notification is permitted and Customer elects to challenge, narrow, quash, or seek a protective order with respect to the Legal Process, the Company will reasonably cooperate with Customer's efforts to do so at Customer's sole cost and expense, provided that the Company is not obligated to delay or refuse compliance with the Legal Process beyond the period legally permitted, and the Company retains sole discretion to comply with the Legal Process at the deadline imposed by the issuing authority.
• Minimum Necessary Disclosure. The Company will, where lawful and operationally feasible, limit any disclosure of Customer Data in response to Legal Process to the minimum scope reasonably interpreted as required by the Legal Process, and will object to overbroad, unduly burdensome, or improperly served Legal Process where the Company in its reasonable discretion determines such objection is warranted.
• Preservation Orders. The Company may, upon receipt of a valid preservation request, preservation order, or litigation hold notice, preserve specified Customer Data for the period required by applicable law or such order, notwithstanding any data-retention or deletion provision of these Terms or Customer's instructions to delete such data.
• Cost Recovery. The Company reserves the right to recover from Customer its reasonable costs (including external legal fees, internal personnel time at standard rates, and out-of-pocket expenses) incurred in responding to Legal Process that arises from, or relates to, Customer's use of the Service or the conduct of Customer or its Authorized Users.
• Transparency Reporting. The Company may publish aggregate, anonymized statistics regarding the volume and types of Legal Process it receives and its responses thereto, including in transparency reports, white papers, or regulatory filings.

Nothing in this Section 7.10 shall be construed to require the Company to violate applicable law, contest Legal Process beyond what is reasonably warranted, or assume any obligation to Customer that is incompatible with the Company's independent legal duties.

In addition to the assistance described in Section 7.9 (which addresses requests under the PDPA), the Company will, acting in its capacity as a data processor on Customer's behalf and subject to the operational and commercial limits set forth herein, provide Customer with reasonable assistance in responding to verified data-subject requests received by Customer under the following regimes:

• GDPR / UK GDPR. Requests under Articles 15 (access), 16 (rectification), 17 (erasure / right to be forgotten), 18 (restriction of processing), 20 (data portability), 21 (objection, including the absolute right to object to direct-marketing processing), and 22 (automated decision-making and profiling) of the GDPR, and analogous provisions of the UK GDPR and the UK Data Protection Act 2018.
• CCPA / CPRA. Verifiable consumer requests under the California Consumer Privacy Act of 2018, as amended by the California Privacy Rights Act of 2020, including requests to know, requests to delete, requests to correct, requests to opt out of the "sale" or "sharing" of personal information, and requests to limit the use or disclosure of sensitive personal information.
• Other U.S. State Privacy Laws. Requests under the Virginia Consumer Data Protection Act, the Colorado Privacy Act, the Connecticut Data Privacy Act, the Utah Consumer Privacy Act, the Texas Data Privacy and Security Act, and other comprehensive state privacy statutes hereafter enacted.
• Other Asia-Pacific Regimes. Requests under Singapore's Personal Data Protection Act 2012, the Philippines' Data Privacy Act of 2012, Indonesia's Personal Data Protection Law (Law No. 27 of 2022), Vietnam's Decree 13/2023/ND-CP on Personal Data Protection, Malaysia's Personal Data Protection Act 2010, Japan's Act on the Protection of Personal Information, South Korea's Personal Information Protection Act, and Australia's Privacy Act 1988.
• Brazilian and Other Latin American Regimes. Requests under Brazil's Lei Geral de Proteção de Dados (LGPD) and analogous laws of Mexico, Argentina, Chile, and other Latin American jurisdictions.
• Any other data-protection law that imposes data-subject rights and processor-assistance obligations and that is applicable to Customer's processing.

Customer remains the controller (or analogous role) responsible for the lawfulness of the underlying processing, for verifying the identity and authority of the requesting data subject, for determining the substantive merits of each request, and for communicating any response to the data subject. The Company's assistance is limited to providing technical means, exporting or deleting personal data within Customer's Account, applying restriction or objection flags within the Service, and providing reasonable cooperation in connection with verified requests. Such assistance is subject to the same fee, technical-feasibility, operational-capacity, and non-deletion-of-De-identified-or-Aggregated-Data limitations set forth in Section 7.9. The Company will use commercially reasonable efforts to respond to Customer's requests for assistance within the timeframes mandated by the applicable law, but in no event later than ninety (90) days of Customer's request unless a shorter period is mandatory by law and operationally feasible.

Recommendations and all AI-generated outputs, including forecasts, projections, estimated metrics, and suggested actions, are derived from mathematical modeling, statistical analysis, and probabilistic calculations based on observed data. Because of the number and range of assumptions underlying such outputs — many of which are subject to significant uncertainties, market volatility, and contingencies beyond reasonable control — actual results may differ materially from any projection, forecast, or estimate provided by the Service. Outputs may be incomplete, inaccurate, outdated, or inapplicable to your specific circumstances. The Company does not claim or guarantee uplift, improvement, or any particular performance outcome for any Customer. The Service merely reports facts, observations, and next steps based on observed data; the sole decision to use, implement, or act upon any Recommendation rests entirely with you. YOU ARE SOLELY RESPONSIBLE FOR INDEPENDENTLY EVALUATING, VERIFYING, AND VALIDATING ALL OUTPUTS BEFORE ACTING ON THEM. THIS RESPONSIBILITY APPLIES PARTICULARLY WHERE DECISIONS INVOLVE PRICING, ADVERTISING SPEND, INVENTORY MANAGEMENT, REGULATORY COMPLIANCE, OR ANY MATTER THAT COULD HAVE FINANCIAL OR LEGAL CONSEQUENCES. YOU ASSUME FULL RESPONSIBILITY FOR ALL DECISIONS MADE WITH RESPECT TO YOUR USE OF THE SERVICE AND AGREE TO USE THE SERVICE AT YOUR OWN RISK.

WE MAKE NO REPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED, THAT ANY RECOMMENDATION, FORECAST, SIMULATION, PROJECTION, OR ANALYTICAL OUTPUT WILL BE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR FIT FOR ANY PARTICULAR PURPOSE, OR THAT IT WILL ACHIEVE ANY PARTICULAR RESULT. PROJECTED NUMBERS, PERFORMANCE ESTIMATES, AND FORECASTS ARE BASED ON MATHEMATICAL MODELING AND PROBABILITIES DERIVED FROM HISTORICAL AND OBSERVED DATA AND COULD PERFORM DIFFERENTLY IN UNCERTAIN, CHANGING, OR UNPRECEDENTED MARKET CONDITIONS. WE EXPRESSLY DISCLAIM ALL LIABILITY FOR LOSSES, DAMAGES, OR ADVERSE OUTCOMES ARISING FROM YOUR RELIANCE ON SUCH OUTPUTS. THE COMPANY DOES NOT INDEPENDENTLY VERIFY THE TRUTHFULNESS OR ACCURACY OF ANY DATA INPUT INTO THE SERVICE BY CUSTOMERS OR RETRIEVED FROM THIRD-PARTY PLATFORMS AND IS NOT RESPONSIBLE FOR ERRORS IN CUSTOMER-SUPPLIED DATA OR THIRD-PARTY DATA.

You may not use Service outputs, including Recommendations and analytical data, to build or improve a product or service that competes with the Service, or to extract, replicate, or reverse-engineer proprietary logic, models, or methodologies at scale.

BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT:

• All Recommendations, projections, forecasts, and analytical outputs are derived from mathematical modeling and probabilistic analysis of observed and historical data, and are subject to inherent limitations, assumptions, and uncertainties;
• Actual results may differ materially from any projection or estimate due to market volatility, changes in competitive dynamics, platform policy changes, macroeconomic factors, or other conditions beyond the Company's control;
• The Company does not claim or guarantee uplift, performance improvement, revenue increase, cost reduction, or any other specific business outcome for any Customer;
• The Service reports facts, observations, and suggested next steps based on observed data; it does not provide financial, investment, legal, or professional advice;
• The sole decision to use, implement, deploy, or act upon any Recommendation, output, or suggested action rests entirely with you, and you bear full responsibility for the consequences of such decisions;
• You assume full responsibility for independently verifying and validating all Service outputs against your own data, business judgment, and professional advice before making any business decision based thereon; and
• Past performance data, historical trends, or prior Recommendations displayed by the Service are not indicative of future results.

Nothing in these Terms or the provision of the Service creates a fiduciary, advisory, agency, or professional-client relationship between the Company and Customer. The Service is a software tool that provides data-driven insights and suggestions; it is not a substitute for independent professional judgment or advice from qualified financial, legal, tax, or business advisors. You should consult appropriate professionals before making material business decisions based on Service outputs.

If you enable Execution, you authorize the Company and its systems to perform actions on Third-Party Platforms within the scope you have approved. You acknowledge that Execution causes real, potentially irreversible changes to your marketplace accounts, advertising campaigns, pricing, and other settings.

The Service may offer, now or in the future, automation features including scheduled data syncs, auto-Recommendations, and rule-based auto-Execution (e.g., based on ROAS thresholds, stock levels, or spend caps). Automation features are optional and require explicit enablement.

You are solely responsible for configuring, monitoring, and maintaining all safety controls, including:

• Budget caps and maximum spend limits;
• Approval workflows and manual confirmation requirements;
• Scope limitations (which stores, campaigns, products, or SKUs may be modified);
• Rollback and pause controls (where available).

Failure to configure appropriate safety controls is at your sole risk.

YOU ACKNOWLEDGE AND AGREE THAT EXECUTION AND AUTOMATION CAN CAUSE MATERIAL, POTENTIALLY IRREVERSIBLE FINANCIAL CONSEQUENCES, INCLUDING BUT NOT LIMITED TO SIGNIFICANT ADVERTISING SPEND, PRICE CHANGES, INVENTORY ADJUSTMENTS, AND CAMPAIGN PERFORMANCE CHANGES. ANY EXECUTION OR AUTOMATION ACTION IS TAKEN BASED ON RECOMMENDATIONS DERIVED FROM MATHEMATICAL MODELING AND OBSERVED DATA; ACTUAL MARKET CONDITIONS MAY DIFFER FROM MODELED ASSUMPTIONS, AND RESULTS MAY VARY MATERIALLY FROM PROJECTIONS. YOU RETAIN SOLE DECISION-MAKING AUTHORITY OVER WHETHER TO ENABLE, CONFIGURE, OR ALLOW ANY EXECUTION OR AUTOMATION FEATURE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSSES, DAMAGES, OR COSTS (INCLUDING LOSS OF PROFITS, OVERSPEND, MARGIN LOSS, MARKETPLACE PENALTIES, OR THIRD-PARTY PLATFORM PENALTIES) ARISING FROM OR RELATED TO ANY EXECUTION OR AUTOMATION ACTION THAT YOU OR YOUR AUTHORIZED USERS AUTHORIZED, CONFIGURED, ENABLED, OR FAILED TO DISABLE, REGARDLESS OF WHETHER SUCH ACTION PRODUCED UNINTENDED, UNEXPECTED, OR ADVERSE RESULTS.

We reserve the right to temporarily pause or disable any Execution or automation features at any time if we reasonably determine there is a risk of abuse, a security incident, system instability, or violation of Third-Party Platform terms. We will use reasonable efforts to notify you promptly. We are not liable for any losses arising from such suspension.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE MAY EXPERIENCE SCHEDULED OR UNSCHEDULED DOWNTIME, OUTAGES, INTERRUPTIONS, DEGRADED PERFORMANCE, OR OTHER SERVICE DISRUPTIONS (COLLECTIVELY, "SERVICE INTERRUPTIONS") DUE TO MAINTENANCE, INFRASTRUCTURE FAILURES, SOFTWARE DEFECTS, NETWORK ISSUES, THIRD-PARTY PLATFORM OUTAGES, FORCE MAJEURE EVENTS, OR OTHER CAUSES. SUCH SERVICE INTERRUPTIONS MAY OCCUR AT ANY TIME, INCLUDING WHILE EXECUTION OR AUTOMATION ACTIONS ARE IN PROGRESS, QUEUED, OR SCHEDULED.

Service Interruptions may result in, without limitation:

• Execution or automation actions being partially completed, leaving your Third-Party Platform accounts, campaigns, pricing, inventory, advertising budgets, or other settings in an intermediate, inconsistent, or unintended state;
• Queued, scheduled, or pending Execution or automation actions failing to execute, executing late, executing out of order, or executing multiple times (including duplicate actions);
• Rollback, undo, or revert operations failing to complete or being unavailable, leaving previously applied changes in effect on Third-Party Platforms;
• Execution actions being initiated or completed based on stale, outdated, cached, or incomplete data that was not refreshed due to a Service Interruption or Third-Party Platform outage;
• Data synchronization delays, failures, or conflicts between the Service and Third-Party Platforms, resulting in discrepancies between the state shown in the Service and the actual state on Third-Party Platforms;
• Race conditions, concurrency conflicts, or timing issues where multiple Execution actions or data syncs interact in unintended ways;
• Retry mechanisms automatically re-attempting failed actions after Service restoration, potentially applying changes that are no longer appropriate given changed market conditions or data; and
• Notifications, alerts, or status updates relating to Execution or automation actions being delayed, lost, or inaccurate.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY SHALL HAVE NO LIABILITY WHATSOEVER FOR ANY LOSSES, DAMAGES, COSTS, OVERSPEND, MARGIN EROSION, MARKETPLACE PENALTIES, CAMPAIGN PERFORMANCE DEGRADATION, OR OTHER ADVERSE OUTCOMES ARISING FROM OR RELATED TO ANY SERVICE INTERRUPTION, INCLUDING BUT NOT LIMITED TO INCOMPLETE OR PARTIAL EXECUTION, FAILED ROLLBACKS, STALE DATA, DUPLICATE ACTIONS, DATA SYNCHRONIZATION FAILURES, RACE CONDITIONS, RETRY FAILURES, OR ANY OTHER CONSEQUENCE OF SERVICE UNAVAILABILITY, REGARDLESS OF WHETHER SUCH INTERRUPTION WAS SCHEDULED, FORESEEABLE, OR WITHIN THE COMPANY'S CONTROL.

YOU ARE SOLELY RESPONSIBLE FOR ACTIVELY AND CONTINUOUSLY MONITORING AND SUPERVISING ALL EXECUTION AND AUTOMATION ACTIONS, ALL ACTIVE CAMPAIGNS, PRICING, INVENTORY SETTINGS, ADVERTISING BUDGETS, AND ANY OTHER SETTINGS ON THIRD-PARTY PLATFORMS THAT MAY BE AFFECTED BY THE SERVICE, INCLUDING DURING AND AFTER ANY SERVICE INTERRUPTION.

Without limiting the foregoing, you are responsible for:

• Independently verifying the state of your campaigns, pricing, inventory, advertising budgets, and other settings directly on Third-Party Platforms before and after any Execution or automation action, and not relying solely on the Service's dashboard, notifications, or status indicators;
• Manually reviewing and correcting any partially completed, inconsistent, or unintended changes left on Third-Party Platforms following a Service Interruption;
• Pausing or disabling active campaigns, automation rules, or Execution features directly on Third-Party Platforms if the Service becomes unavailable and you cannot verify or control the state of your settings through the Service;
• Maintaining independent access to your Third-Party Platform accounts so that you can take corrective action at any time, regardless of the availability of the Service; and
• Ensuring that your business operations do not depend exclusively on the continuous and uninterrupted availability of the Service, and maintaining appropriate contingency plans for periods of Service unavailability.

Your failure to monitor, supervise, verify, or take corrective action as described above is at your sole risk. The Company is not a substitute for independent oversight of your business operations and Third-Party Platform accounts.

THE COMPANY DOES NOT GUARANTEE, WARRANT, OR PROMISE THE AVAILABILITY, COMPLETENESS, OR SUCCESS OF ANY ROLLBACK, UNDO, REVERT, OR RECOVERY MECHANISM FOR EXECUTION OR AUTOMATION ACTIONS. Where rollback or undo functionality is offered, it is provided on an "AS IS" and "AS AVAILABLE" basis without warranty of any kind. Rollback mechanisms may fail, may be unavailable during or after a Service Interruption, may not fully restore prior settings, or may themselves cause unintended changes. Some Execution actions may be inherently irreversible (for example, advertising spend that has already been committed or consumed, orders that have been placed, or marketplace actions that have been finalized by the Third-Party Platform). The Company is under no obligation to manually intervene, reverse, correct, or compensate for any Execution or automation action, whether completed, partially completed, or failed, regardless of the cause. You are solely responsible for verifying results and taking corrective action directly on your Third-Party Platforms.

The Service, including all software, algorithms, AI models, interfaces, documentation, brand elements, and content (excluding Customer Data), is owned by or licensed to us and is protected by applicable intellectual property laws. We grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right to access and use the Service solely during your active Subscription and solely in accordance with these Terms.

If you provide us with any feedback, suggestions, or ideas regarding the Service, you grant us, to the extent permitted by applicable law, a perpetual, worldwide, royalty-free, irrevocable license to use, incorporate, and exploit such feedback in any manner without restriction or compensation to you.

With your prior written consent, we may identify you as a customer and display your name, logo, or description in our marketing materials, website, or investor presentations. You may revoke this consent at any time on 30 days' written notice.

In addition to, and without limiting, the consent-based customer reference rights described in Section 11.3, by registering an Account, accepting these Terms, or otherwise commencing use of the Service, Customer hereby grants the Company a worldwide, non-exclusive, royalty-free, fully paid-up, sublicensable (through multiple tiers), transferable, and (subject to Section 11.4(f)) perpetual and irrevocable license to use, host, store, cache, reproduce, display, perform, distribute, transmit, publish, broadcast, modify, adapt, crop, resize, restyle, reformat, animate, frame, composite, combine with other materials, and otherwise exploit the Marketing Materials (as defined below) for any and all marketing, promotional, advertising, public relations, recruiting, investor relations, fundraising, sales enablement, partner enablement, product demonstration, and brand-building purposes of the Company, whether in commercial or non-commercial contexts, in any and all media and formats now known or hereafter devised, and throughout the universe.

(a) Marketing Materials. For purposes of this Section 11.4, "Marketing Materials" means, collectively and individually, all of the following, in each case whether registered or unregistered and whether owned by or licensed to Customer: (i) Customer's legal name, trade name, "doing business as" name, brand name, store name, marketplace shop name, seller handle, storefront URL, and other identifiers used in commerce; (ii) Customer's logos, marks, service marks, trade dress, color schemes, slogans, taglines, and other source-identifying brand elements (collectively, "Customer Marks"); (iii) screenshots, photographs, video captures, recordings, and other visual or audio depictions of Customer's storefronts, listings, banners, decorations, and shop pages on Third-Party Platforms; (iv) Customer's publicly available product images, product titles, product descriptions, lifestyle imagery, packaging imagery, and marketing creative; (v) testimonials, quotes, statements, reviews, ratings, and endorsements attributable to Customer or its representatives, whether solicited or unsolicited and whether collected through the Service, public channels, or otherwise; (vi) anonymized, pseudonymized, de-identified, or aggregated metrics, results, case study data, success stories, performance summaries, before-and-after comparisons, and outcomes derived from Customer's use of the Service; and (vii) any other identifiers, imagery, content, or assets that Customer makes available to the Company or that are publicly available from Customer's public storefronts, public profiles, or public marketing channels.

(b) Permitted Uses. The Company's use of Marketing Materials under this license includes, without limitation:

• Display of Customer Marks and storefront imagery in customer logo walls, customer rosters, "trusted by" sections, infinite or auto-scrolling carousels, marquees, ticker tapes, mosaic grids, banner rotations, and similar promotional displays on the Company's websites (including landing pages, marketing pages, product pages, pricing pages, blog, help center, and microsites), web and mobile applications, and other digital properties;
• Inclusion in sales decks, investor pitch decks, fundraising materials, board materials, due diligence packages, business plans, executive summaries, financial models, and other materials shared with prospective customers, investors, lenders, acquirers, advisors, analysts, journalists, and other third parties;
• Use in paid and organic advertising and marketing campaigns across any channel, including search engine marketing, display advertising, social media advertising, native advertising, programmatic advertising, retargeting, influencer marketing, affiliate marketing, content syndication, sponsored content, podcast advertising, and out-of-home advertising;
• Use in social media posts, business pages, profile imagery, stories, reels, short-form video, livestreams, and user-generated-content campaigns on platforms such as LinkedIn, Facebook, Instagram, TikTok, YouTube, X (formerly Twitter), Threads, Reddit, Line, and any successor or comparable platform;
• Inclusion in email marketing, newsletters, drip campaigns, transactional and promotional notifications, in-product messages, and other communications to recipients other than Customer;
• Use in press releases, media pitches, interviews, op-eds, bylined articles, podcasts, webinars, blog posts, white papers, e-books, research reports, infographics, and other earned- and owned-media content;
• Use in video content, motion graphics, animated explainers, demonstration videos, product walkthroughs, conference highlight reels, sizzle reels, and brand films, including the right to extract still frames and short clips;
• Display at conferences, expos, trade shows, summits, meetups, industry events, partner events, executive briefings, and customer events, including in booth signage, slide decks, banners, lanyards, swag, and printed collateral;
• Inclusion in print and digital marketing collateral, including brochures, one-pagers, datasheets, magazines, posters, billboards, transit advertising, and trade publication placements;
• Use in co-marketing, partner marketing, integration-marketplace listings, app-store listings, technology-partner directories, and reseller, distributor, agency, or systems-integrator materials;
• Use in recruiting and employer-branding materials, including career-site content, job postings, talent-pipeline outreach, and employee onboarding materials, to illustrate the Company's customer base and product impact;
• Use in anonymized or aggregated case studies, success stories, customer spotlights, customer-of-the-month features, leaderboards, awards, and benchmark publications, provided that any non-public financial figures, exact metrics, or named statements attributed to Customer by name shall remain subject to Section 11.3;
• Use in training materials, sample data, demonstration accounts, sandbox environments, and other product enablement materials made available to the Company's personnel, partners, customers, prospects, contractors, and service providers; and
• Any other promotional, marketing, advertising, or brand-building use reasonably related to or arising from the foregoing.

(c) Modifications and Adaptations. The Company may, in its sole discretion and without further approval from Customer, crop, resize, scale, recolor, restyle, reformat, animate, layer, overlay, blur, mask, frame, place against any background, and otherwise modify or adapt the Marketing Materials as necessary or desirable for design, layout, brand consistency, accessibility, technical, or aesthetic purposes, provided that the Company will use commercially reasonable efforts not to materially alter Customer Marks in a manner reasonably likely to dilute the distinctive character of such marks or to misrepresent Customer's identity or business. Customer waives any right to inspect or approve any specific use of the Marketing Materials by the Company prior to publication, distribution, or other exploitation.

(d) Sublicense and Vendor Use. The Company may sublicense the rights granted under this Section 11.4, through multiple tiers, to its affiliates, subsidiaries, agents, contractors, service providers, hosting and content-delivery providers, advertising platforms, social-media platforms, public-relations firms, marketing agencies, creative agencies, media buyers, distribution partners, resellers, co-marketing partners, investors, and prospective acquirers, in each case solely as reasonably necessary to exercise the rights granted hereunder.

(e) Duration; Survival. The license granted in this Section 11.4 takes effect upon Customer's acceptance of these Terms and shall continue in full force and effect during the term of the Subscription and, except as expressly set forth in Section 11.4(f), shall survive any expiration, termination, cancellation, or suspension of the Subscription or of these Terms in perpetuity with respect to (i) any Marketing Materials already incorporated into materials produced, published, distributed, broadcast, posted, printed, cached, indexed, or otherwise made available prior to the effective date of any opt-out or termination, and (ii) any historical archives, case studies, investor materials, regulatory filings, recorded video or audio content, and similar materials of an enduring nature. The Company shall not be obligated to recall, destroy, retract, take down, edit, or otherwise modify any previously produced or distributed materials following termination of the Subscription or processing of an opt-out request.

(f) Limited Opt-Out. Customer may opt out of the prospective inclusion of its identifiable Customer Marks in new marketing materials produced by the Company by submitting a written request to legal@dataglasslabs.com that clearly identifies Customer, the Customer Marks at issue, and the requested scope of withdrawal. Any such opt-out: (i) applies only prospectively from the date the Company confirms receipt and processes the request; (ii) does not apply to materials produced, published, distributed, broadcast, or otherwise made available prior to such processing date; (iii) does not affect the Company's continuing rights with respect to De-identified Data, Aggregated Data, anonymized case studies, or any other materials in which Customer is not individually identified; (iv) does not affect the Company's right to truthfully and accurately state, for legitimate informational purposes such as responses to investor due diligence or regulatory inquiries, that Customer is or was a customer of the Service; and (v) does not entitle Customer to any refund, credit, fee adjustment, or other compensation. The Company will use commercially reasonable efforts to remove Customer Marks from prospective new marketing materials within a reasonable time, not to exceed sixty (60) days from confirmation of the opt-out request.

(g) Customer Representations and Warranties. Customer represents and warrants, on a continuing basis, that: (i) Customer owns or has obtained all necessary rights, licenses, registrations, permissions, model releases, signed appearance and image releases, work-for-hire assignments, and consents (including from any photographer, designer, illustrator, copywriter, brand-asset rights holder, model, employee, contractor, agency, depicted individual, voice talent, or other third party) required to grant the license set forth in this Section 11.4 and to permit each act of exploitation contemplated hereunder; (ii) the Company's exercise of the rights granted hereunder will not infringe, misappropriate, dilute, tarnish, or violate any patent, copyright, trademark, trade-name, trade-dress, design, database, moral, attribution, integrity, publicity, privacy, personality, confidentiality, contractual, common-law, or other right of Customer or any third party in any jurisdiction; (iii) Customer's use of, and grant of rights in, the Customer Marks complies with all applicable Third-Party Platform terms, brand-usage guidelines, marketplace rules, and applicable law, including without limitation the Thai Trademark Act B.E. 2534 (1991) (as amended), the Thai Copyright Act B.E. 2537 (1994) (as amended), the Thai Personal Data Protection Act B.E. 2562 (2019) ("PDPA"), the EU General Data Protection Regulation (Regulation (EU) 2016/679, "GDPR") and equivalent or successor data-protection legislation in other jurisdictions in which Customer operates or is established, the U.S. Lanham Act (15 U.S.C. § 1051 et seq.), and the California Consumer Privacy Act of 2018 / California Privacy Rights Act ("CCPA/CPRA"); (iv) Customer is duly authorized to bind any owner of the Customer Marks, any affiliated entity, and any individual depicted in or identifiable from the Marketing Materials to the grants, waivers, releases, and covenants set forth in this Section 11.4; (v) where any Marketing Material constitutes or contains personal data (as defined under the PDPA, the GDPR, or analogous law) relating to any natural person (including any sole proprietor, partner, director, officer, employee, model, customer, or other identifiable individual), Customer has, prior to making such Marketing Material available to the Company, obtained all consents and established all other lawful bases required by the PDPA (including Sections 19, 24, 25, and 26), the GDPR (including Articles 6, 7, and 9), and any other applicable law to permit the Company's processing of such personal data for the marketing, advertising, public-relations, investor-relations, recruiting, and brand-building purposes described in this Section 11.4; (vi) Marketing Materials do not contain any sensitive personal data within the meaning of PDPA Section 26, GDPR Article 9, or analogous law (including data revealing racial or ethnic origin, political opinions, religious or philosophical beliefs, trade-union membership, genetic data, biometric data for identification purposes, health data, data concerning sex life or sexual orientation, criminal-record data, or government-identification numbers) and do not contain personal data of any minor under the age of majority in any applicable jurisdiction (or, where the age of digital consent under applicable law is higher, under such age); (vii) Marketing Materials do not include any third-party confidential information, trade secrets, or content subject to non-disclosure obligations; and (viii) all factual claims, metrics, statements, testimonials, and reviews attributable to Customer in the Marketing Materials are true, not misleading, and not in violation of any applicable advertising, consumer-protection, or competition law (including the Thai Consumer Protection Act B.E. 2522 (1979), as amended, the Thai Trade Competition Act B.E. 2560 (2017), the Thai Advertising Code, the U.S. Federal Trade Commission Act, and equivalent law in other applicable jurisdictions).

(h) No Compensation; No Accounting. The license granted in this Section 11.4 is fully paid-up and royalty-free. Customer expressly waives any right to any royalty, fee, commission, residual, equitable remuneration, accounting, or other compensation of any kind in connection with the Company's exercise of the rights granted hereunder, in each case to the fullest extent permitted by applicable law. Customer acknowledges that the availability of the Service at the published pricing is conditioned in material part on Customer's grant of the license set forth in this Section 11.4.

(i) Waiver of, and Covenant Not to Assert, Moral and Equivalent Rights. Customer acknowledges that certain rights, including moral rights of authors under Section 18 of the Thai Copyright Act B.E. 2537 (1994) and analogous rights under the laws of certain other jurisdictions, may not be capable of full waiver or assignment as a matter of mandatory law. Subject to that acknowledgment and to the maximum extent permitted by applicable law, Customer hereby irrevocably and unconditionally waives, releases, and discharges, and (where waiver is not permitted) covenants not to assert, institute, support, or fund any claim, action, or proceeding against the Company, its sublicensees, successors, or assigns based upon any moral rights, droit moral, rights of paternity, rights of attribution, rights of integrity, rights of publicity, personality rights, image rights, or any analogous rights under the laws of any jurisdiction (including the Kingdom of Thailand, the European Union, the United Kingdom, the United States, and any jurisdiction in which the Service is marketed) with respect to any modification, adaptation, cropping, recoloring, restyling, framing, juxtaposition, or other use of the Marketing Materials by the Company in accordance with this Section 11.4, provided that such use does not falsely attribute to Customer a statement Customer has not made or otherwise constitute defamation under applicable law. Where such rights cannot lawfully be waived or where the covenant not to assert is unenforceable, Customer hereby grants the Company an irrevocable, exclusive (to the extent permitted), worldwide, perpetual, royalty-free, fully paid-up license to exercise such rights, on Customer's behalf and in Customer's name where necessary, to the fullest extent permitted by applicable law.

(j) No Implied Endorsement Beyond License. Nothing in this Section 11.4 shall be construed as obligating the Company to use any Marketing Materials, or as creating any partnership, joint venture, agency, sponsorship, or formal endorsement relationship between the parties. The Company's exercise of the rights granted under this Section 11.4 does not by itself constitute a public endorsement, recommendation, or testimonial by Customer of the Company or the Service, and the Company shall not falsely attribute to Customer any statement that Customer has not made.

(k) Relationship to Section 11.3. Section 11.3 governs the formal designation of Customer as a named reference customer for use in named case studies, public press announcements, and similar dedicated promotional materials, and remains subject to the prior written consent requirement set forth therein. This Section 11.4 operates in addition to, and not in substitution for, Section 11.3, and provides the Company with a standing license to display, exhibit, and use Marketing Materials in general marketing contexts as described above. In the event of any conflict between Sections 11.3 and 11.4, this Section 11.4 controls with respect to the uses expressly enumerated in Section 11.4(b), and Section 11.3 controls with respect to the use of Customer's name in dedicated named case studies and dedicated named public reference statements.

(l) Acknowledgment; Material Inducement. Customer acknowledges and agrees that the grants, waivers, representations, and warranties set forth in this Section 11.4 are a material inducement for the Company to enter into these Terms and to provide the Service at the Subscription fees set forth on the applicable Order Form or pricing page, and that the Company would not enter into these Terms or provide the Service on such terms in the absence of such grants, waivers, representations, and warranties. This Section 11.4 shall survive any expiration or termination of these Terms in accordance with Section 11.4(e) and Section 13.4.

(m) Specific, Informed Consent Under the PDPA, GDPR, and Analogous Data-Protection Laws. To the limited extent that the Company's exercise of the license granted under this Section 11.4 involves the processing of personal data of any natural person (as defined under the PDPA, the GDPR, or analogous data-protection law) — including, by way of example, the name, image, voice, signature, or contact details of a sole proprietor, partner, director, officer, employee, or other identifiable individual associated with Customer — Customer, acting on its own behalf and (where applicable) on behalf of the relevant data subject pursuant to documented authority obtained in accordance with Section 11.4(g), hereby provides, and undertakes to obtain and maintain on a continuing basis, explicit, specific, informed, freely-given, and unambiguous consent for the purposes set out in Section 11.4(b) for the following separable and identifiable processing activities: (i) the public display, communication, transmission, and dissemination of such personal data in marketing, advertising, sales, recruiting, investor-relations, and brand-building contexts; (ii) the cross-border transfer of such personal data to and from the jurisdictions described in Section 7.8 in connection with such public display and dissemination; (iii) the disclosure of such personal data to the sublicensees identified in Section 11.4(d); and (iv) the continued retention and exploitation of materials incorporating such personal data after Subscription termination as described in Section 11.4(e). Customer acknowledges that, under PDPA Section 19 (and equivalent provisions of the GDPR), a data subject has the right to withdraw consent at any time; such withdrawal does not affect the lawfulness of processing carried out prior to withdrawal, and the Company's post-withdrawal obligations are limited to the prospective opt-out mechanism set forth in Section 11.4(f), subject always to mandatory statutory rights of the data subject under applicable law. The consent provided under this Section 11.4(m) is intended to be distinguishable from, additional to, and not bundled with, the other matters addressed in these Terms, and Customer's separate, affirmative acceptance of the marketing license through the Account-creation or Terms-acceptance flow shall, to the extent legally required, constitute a separate, identifiable act of consent for the purposes of PDPA Section 19(2) and GDPR Articles 6(1)(a) and 7.

(n) Carve-Out for Sensitive Personal Data, Minors, and Restricted Categories. Notwithstanding any other provision of this Section 11.4, the license granted herein does not extend to, and Customer shall not submit, upload, transmit, or otherwise make available to the Company in any Marketing Material: (i) any sensitive personal data within the meaning of PDPA Section 26 or GDPR Article 9; (ii) any personal data of any natural person who has not attained the age of majority in the applicable jurisdiction or, where higher under applicable law, the age of digital consent; (iii) any government-issued identification numbers, payment-card numbers, financial-account numbers, biometric identifiers, health information, or protected health information; (iv) any data subject to attorney-client, doctor-patient, banking-secrecy, telecommunications-secrecy, trade-secret, or analogous privilege or confidentiality protection; (v) any data, content, or imagery the publication of which would constitute a criminal offense or actionable civil wrong (including defamation, lèse-majesté under Section 112 of the Thai Criminal Code, contempt of court, incitement, hate speech, or violation of the Computer Crime Act B.E. 2550 (2007), as amended); or (vi) any content subject to embargo, sealed-court order, or regulatory restriction on disclosure. The Company shall have no obligation to detect, identify, screen, or remove any category of restricted content set out in this Section 11.4(n) prior to use, and Customer shall remain fully responsible for ensuring that Marketing Materials made available to the Company do not contain such restricted content. If the Company becomes aware that any Marketing Material includes restricted content, the Company may remove, redact, or cease use of such material in its sole discretion, without liability and without prejudice to any other rights or remedies.

(o) Preservation of Mandatory Statutory Rights; Multi-Jurisdictional Savings. Nothing in this Section 11.4 shall be construed to waive, limit, or restrict any right, remedy, or protection of Customer or any data subject to the extent such right, remedy, or protection is, as a matter of mandatory law, non-waivable and non-derogable by contract, including: (i) the rights of data subjects under PDPA Sections 30 through 37 (rights of access, rectification, erasure, restriction, portability, objection, and withdrawal of consent); (ii) the rights of data subjects under GDPR Articles 15 through 22 (including the absolute right to object to direct-marketing processing under Article 21(2)); (iii) the rights of consumers under the CCPA/CPRA to opt out of the "sale" or "sharing" of personal information and to limit the use and disclosure of sensitive personal information; (iv) the rights of authors under Section 18 of the Thai Copyright Act B.E. 2537 (1994) to the extent such rights are mandatorily non-waivable; (v) any non-derogable consumer-protection right under the Thai Consumer Protection Act B.E. 2522 (1979) or the laws of any jurisdiction in which Customer is established or in which Customer's data subjects are located; and (vi) any right that, under the law of the jurisdiction whose mandatory law applies, cannot lawfully be waived in advance by agreement. To the extent any provision of this Section 11.4 is, in any jurisdiction, prohibited, invalid, unenforceable, or in excess of the maximum scope permitted by mandatory law, such provision shall, in that jurisdiction only, automatically be deemed amended and reduced to the maximum scope, duration, and territorial reach permitted by such mandatory law, without invalidating the remaining provisions of this Section 11.4 or affecting the validity or enforceability of this Section 11.4 in any other jurisdiction.

(p) Compliance with the Thai Unfair Contract Terms Act B.E. 2540 (1997) and Mandatory Thai Law; Severability Within Section 11.4. The parties acknowledge the Thai Unfair Contract Terms Act B.E. 2540 (1997) (the "UCTA"), which may, in certain circumstances, render terms of standard-form contracts unenforceable to the extent they confer an unfair advantage. The parties have negotiated, considered, and agreed upon the terms of this Section 11.4 in light of the substantial commercial benefit to Customer (including access to the Service at the published Subscription fees, which the parties acknowledge would be materially higher in the absence of this license), the limited and clearly delineated scope of the rights granted, the prospective opt-out mechanism in Section 11.4(f), the carve-outs in Section 11.4(n), the preservation of mandatory statutory rights in Section 11.4(o), and the customary practice in Thai and international software-as-a-service contracts. The parties intend that this Section 11.4 be enforceable to the fullest extent permitted by the UCTA, the Thai Civil and Commercial Code (including Sections 150, 151, and 152), and other applicable Thai law. If a court of competent jurisdiction or arbitral tribunal determines under the UCTA, the Thai Civil and Commercial Code, the PDPA, the Thai Copyright Act, or any other mandatory law that any portion of this Section 11.4 is unfair, void, voidable, or otherwise unenforceable, then (1) such portion shall be modified, reformed, and read down to the minimum extent necessary to render it fair, valid, and enforceable, preserving as much of the original commercial intent of the parties as is lawfully permitted; (2) all remaining portions of this Section 11.4 shall remain in full force and effect; (3) Customer shall not, by reason of such modification or partial unenforceability, be entitled to any refund of fees, restitution, damages, or equitable remedy; and (4) the Company shall remain entitled to the maximum scope of the license set forth herein as so reformed. This Section 11.4(p) shall control in the event of any conflict with Section 22.2 (Severability) solely with respect to the construction and enforcement of this Section 11.4.

Subscriptions are billed monthly in advance and automatically renew at the beginning of each billing cycle unless you cancel prior to the renewal date. BY SUBSCRIBING, YOU EXPRESSLY AUTHORIZE RECURRING CHARGES TO YOUR DESIGNATED PAYMENT METHOD ON A MONTHLY BASIS UNTIL YOU CANCEL. You acknowledge that automatic renewal will continue indefinitely at the then-current rate unless you affirmatively cancel through your account settings or by contacting us in writing at support@dataglasslabs.com before the next renewal date. We are not obligated to provide renewal reminders.

All fees and usage limits are as described in the applicable Order Form or pricing page. ALL FEES ARE NON-REFUNDABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT AS SET FORTH IN A WRITTEN AGREEMENT SIGNED BY AN AUTHORIZED OFFICER OF THE COMPANY. Without limiting the foregoing, no refunds, credits, or pro-rata adjustments will be provided for: (a) partial months of service; (b) unused features, capacity, or Authorized User seats; (c) early cancellation or downgrade of a Subscription; (d) periods during which you chose not to use the Service; (e) Service modifications, updates, or feature changes; or (f) dissatisfaction with Recommendations, analytical outputs, or business results achieved (or not achieved) through use of the Service. If you believe you are entitled to a refund under applicable consumer protection law, you must submit a written request to support@dataglasslabs.com within fourteen (14) days of the charge in question.

Free trials are provided at our sole discretion, may be limited in duration and scope, and may be withdrawn or modified at any time without notice. During a trial, feature access, data volume, and usage may be restricted compared to paid plans. THE SERVICE IS PROVIDED DURING ANY TRIAL PERIOD "AS IS" WITHOUT ANY WARRANTY OR SERVICE-LEVEL COMMITMENT WHATSOEVER. At the end of the trial period, your access will automatically downgrade to a free tier (if available) or terminate unless you purchase a paid plan before the trial expires. We are under no obligation to notify you before a trial expires. Trial data, including all Customer Data and Recommendations generated during the trial, may be permanently deleted upon trial expiry without further notice or liability. No refunds, credits, or compensation of any kind will be provided in connection with free trials. We reserve the right to limit the number of trials per Customer, per entity, or per payment method.

You authorize the Company and our payment processor(s) to charge your designated payment method for all applicable fees on a recurring basis. You are responsible for keeping payment information current and accurate.

If any payment is overdue, we may, at our option and without liability: (a) suspend or restrict access to the Service; (b) apply a late fee of 1.5% per month on the overdue amount (or the maximum rate permitted by law, whichever is less); and (c) terminate the Subscription upon 7 days' written notice if the overdue amount is not paid.

All fees are exclusive of applicable taxes, levies, and duties, including VAT, withholding tax, and similar charges. You are solely responsible for paying all such taxes, except where we are legally required to collect them. If any withholding tax is required, you must gross up payments so we receive the full stated fee.

We reserve the right to change our pricing, fees, or billing structure at any time. For existing paid Subscribers, we will provide at least thirty (30) days' prior written notice (via email or in-app notification) before any price increase takes effect. The new pricing will apply at the start of your next billing cycle following the notice period. Your continued use of the Service after the new pricing takes effect constitutes your acceptance of the updated fees. If you do not agree to the new pricing, you must cancel your Subscription before the new billing cycle begins. No refunds will be issued for the billing period during which the price change was announced.

You may upgrade your plan at any time; upgrades take effect immediately and any price difference for the remainder of the current billing cycle will be charged on a pro-rata basis. Downgrades take effect at the end of the current billing cycle; no refunds, credits, or pro-rata adjustments will be issued for the remaining period of the higher-tier plan. Upon downgrade or cancellation, you may lose access to features, data retention capacity, historical analytics, integrations, or Authorized User seats associated with your prior plan. We are not responsible for any data loss resulting from a downgrade, and you should export any Customer Data you wish to retain before downgrading.

Each plan includes specified usage limits (e.g., number of connected stores, SKUs, API calls, data volume, or Authorized Users). If you exceed your plan's usage limits, we may, at our sole discretion: (a) throttle or restrict certain features; (b) require you to upgrade to a higher plan; (c) charge overage fees as described in your Order Form or pricing page; or (d) suspend access until usage returns within permitted limits. We will use reasonable efforts to notify you when you approach or exceed usage limits, but we are not obligated to do so.

If we are unable to charge your designated payment method for any reason (including insufficient funds, expired card, or payment processor error), we may: (a) retry the charge one or more times over a period of up to fifteen (15) days; (b) send you a notification requesting updated payment information; and (c) suspend or restrict access to the Service until the outstanding payment is successfully processed. Continued failure to pay may result in termination of your Subscription in accordance with Section 13. You remain liable for all fees incurred during any period of failed payment, including any applicable late fees under Section 12.5.

The Company is a value-added tax ("VAT") registrant under the Thai Revenue Code, and the supply of the Service constitutes a "service" within the meaning of Sections 77/1(10) and 77/2 of the Revenue Code. All fees stated in any Order Form, pricing page, or invoice are exclusive of VAT, and Customer shall pay Thai VAT at the prevailing statutory rate in addition to such fees. For Customers established outside the Kingdom of Thailand who are end-users of the Service, the parties acknowledge that the Service may be subject to the Thai electronic-service VAT regime under Sections 82/13 and related provisions of the Revenue Code (as amended by Act Amending the Revenue Code (No. 53) B.E. 2564 (2021)), and the Company will charge, collect, and remit VAT in accordance with applicable Revenue Department guidance and Notifications of the Director-General of the Revenue Department. The Company will issue a tax invoice (ใบกำกับภาษี) in the form required by Section 86 of the Revenue Code for each VAT-able supply, and an electronic tax invoice and electronic receipt (e-Tax Invoice & e-Receipt) where applicable. Where Thai withholding tax under Sections 50, 69, 69 bis, or 70 of the Revenue Code applies to any payment, Customer shall (i) withhold and remit such tax to the Thai Revenue Department, (ii) issue a withholding tax certificate (หนังสือรับรองการหักภาษี ณ ที่จ่าย) to the Company within the statutory deadline, and (iii) gross up the payment such that the Company receives the full invoiced amount net of withholding. Where Customer is established in a jurisdiction that has entered into a double-taxation treaty with the Kingdom of Thailand, Customer shall be responsible for any treaty-claim filings necessary to obtain reduced withholding rates. Customer shall be solely responsible for any goods-and-services tax, value-added tax, sales tax, consumption tax, digital-services tax, equalisation levy, or analogous indirect tax imposed by any jurisdiction other than Thailand on the import, receipt, or use of the Service by Customer, and shall indemnify the Company for any such tax (including any reverse-charge VAT or self-assessment obligation) assessed against the Company in respect of supplies to Customer.

You may cancel your Subscription at any time through your account settings. Cancellation takes effect at the end of the then-current billing cycle. You remain responsible for all fees accrued through the end of that cycle, and no refunds will be issued for the remaining period.

We may immediately suspend your access to the Service without prior notice if we reasonably determine that:

• You have breached these Terms or any Order Form;
• Your use of the Service poses a security, legal, or reputational risk;
• Payment is overdue;
• We are required to do so by applicable law or a court or regulatory order.

Suspension does not relieve you of your payment obligations.

We may terminate these Terms and your access to the Service upon 10 days' written notice for material breach if such breach is not cured within the notice period. We may terminate immediately without notice if (a) the breach is incapable of cure, (b) you become insolvent or subject to insolvency proceedings, or (c) continued access poses immediate risk to the Service or other customers.

Upon any termination or expiration: (a) your right to access and use the Service ceases immediately; (b) all licenses granted to you under these Terms terminate (except as expressly provided in Section 6.7(b) with respect to previously exported Outputs); (c) data retention and deletion follows Section 6.5; (d) all outstanding payment obligations survive; and (e) Sections 1 (Definitions), 2.3 (Business Capacity), 6.2, 6.3, 6.4, 6.5, 6.7 (Outputs Ownership), 7.5 (Incident Notice, with respect to incidents arising during the term), 7.7 (Subprocessors, with respect to retained data), 7.10 (Legal Process, with respect to retained data), 8, 10 (with respect to ongoing acceptable-use obligations applicable to retained Outputs), 11 (including 11.4 Marketing License in accordance with Section 11.4(e)), 14 (Confidentiality), 15, 16, 17, 18, 20, 21.2 (Notices), and 22 survive any expiration or termination of these Terms indefinitely or for such period as is necessary to give full effect to their terms.

Each party agrees to protect the other party's Confidential Information with at least the same degree of care it uses for its own confidential information (not less than reasonable care), and to use Confidential Information only as necessary to perform its obligations or exercise its rights under these Terms.

Confidentiality obligations do not apply to information that: (a) is or becomes publicly available without breach of these Terms; (b) was independently developed by the receiving party without use of Confidential Information; (c) was rightfully received from a third party without confidentiality obligations; or (d) is required to be disclosed by applicable law or court order, provided the disclosing party gives prompt prior written notice where legally permitted.

For the avoidance of doubt, De-identified Data and Aggregated Data (as defined in Section 6.3) are not Confidential Information and are not subject to any confidentiality obligation.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) ANY WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (C) ANY WARRANTY THAT OUTPUTS, RECOMMENDATIONS, OR DATA WILL BE ACCURATE, COMPLETE, RELIABLE, OR FIT FOR ANY PARTICULAR PURPOSE; AND (D) ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE.

We do not warrant that the Service will meet your business requirements, produce any particular commercial outcome, or result in any uplift, improvement, or positive change to your business performance. The Company undertakes commercially reasonable efforts to ensure that the information and analysis it provides is current and useful; however, the Company does not warrant the accuracy, completeness, timeliness, or reliability of any information, analysis, Recommendation, projection, or data provided through the Service, including data used in analytics, forecasts, or simulations. All projected numbers, estimates, and forecasts are based on mathematical modeling and probabilities derived from observed data and may perform differently under actual, uncertain, or changing market conditions. The Service reports facts and next steps based on observed data; it does not guarantee results for any individual Customer. Any beta, preview, or experimental features are provided without warranty of any kind and may be discontinued at any time.

CUSTOMER ACKNOWLEDGES AND AGREES THAT THE SERVICE IS A GENERAL-PURPOSE BUSINESS-ANALYTICS AND DECISION-SUPPORT TOOL FOR E-COMMERCE OPERATIONS, AND IS NOT DESIGNED, CERTIFIED, AUDITED, OR INTENDED FOR USE IN, AND THE COMPANY MAKES NO REPRESENTATION OR WARRANTY OF COMPLIANCE WITH, ANY OF THE FOLLOWING REGULATORY REGIMES OR USE CASES:

• Healthcare and Protected Health Information. The U.S. Health Insurance Portability and Accountability Act of 1996 ("HIPAA"), the U.S. HITECH Act, the EU Medical Device Regulation (EU) 2017/745, the Thai Medical Profession Act B.E. 2525 (1982), or any other healthcare, medical-device, clinical-decision-support, or protected-health-information law. The Company is not a "business associate" within the meaning of HIPAA, and Customer shall not submit any "protected health information" (as defined under HIPAA) or any "health data" (as defined under PDPA Section 26, GDPR Article 9(1), or analogous law) to the Service.
• Financial Services and Banking. The U.S. Gramm-Leach-Bliley Act ("GLBA"), the U.S. Sarbanes-Oxley Act of 2002, the U.S. Dodd-Frank Wall Street Reform and Consumer Protection Act, the EU Markets in Financial Instruments Directive II (MiFID II), the EU Payment Services Directive 2 (PSD2), the Thai Financial Institutions Business Act B.E. 2551 (2008), the Thai Securities and Exchange Act B.E. 2535 (1992), or any other banking, securities, investment-advisory, lending, insurance, or financial-services regulation. No Output of the Service constitutes investment, securities, banking, lending, insurance, tax, accounting, or legal advice.
• Payment Card Data and PCI-DSS. The Payment Card Industry Data Security Standard ("PCI-DSS") or any successor standard. The Service is not PCI-DSS-validated, and Customer shall not submit, store, process, or transmit through the Service any "cardholder data" or "sensitive authentication data" as defined under PCI-DSS (including full primary account numbers, full magnetic-stripe data, CAV2/CVC2/CVV2/CID values, or PIN/PIN-block data).
• Government and Defense. The U.S. Federal Risk and Authorization Management Program (FedRAMP), the U.S. Department of Defense Cloud Computing Security Requirements Guide, the U.S. International Traffic in Arms Regulations (ITAR), the U.S. Export Administration Regulations (EAR) for controlled technical data, the Thai Official Information Act B.E. 2540 (1997) as applied to classified government information, or any analogous government or defense information-handling regime. The Service is not authorized for the processing of classified, controlled-unclassified, defense, intelligence, or other government-restricted information.
• Children and Education. The U.S. Children's Online Privacy Protection Act of 1998 ("COPPA"), the U.S. Family Educational Rights and Privacy Act ("FERPA"), the U.S. Student Online Personal Information Protection Act (SOPIPA), the U.K. Age Appropriate Design Code, or any analogous children's-privacy or education-records law. The Service is not directed to, designed for, or intended for use by children, students, or educational institutions for the processing of children's or student data.
• Critical Infrastructure and Safety-Critical Systems. The operation, monitoring, or control of nuclear facilities, aircraft navigation or communications, air-traffic control, life-support systems, medical-device control, weapons systems, real-time vehicle control, power-grid control, or any other safety-critical, life-critical, fail-safe, or high-availability application where failure of the Service could lead to death, personal injury, severe environmental damage, or material property damage.
• Biometric and Genetic Processing. The U.S. Illinois Biometric Information Privacy Act ("BIPA"), the Texas Capture or Use of Biometric Identifier Act, the Washington biometric privacy statute, the U.S. Genetic Information Nondiscrimination Act ("GINA"), the EU GDPR provisions on biometric and genetic data (Article 9(1)), the Thai PDPA provisions on biometric and genetic data (Section 26), or any analogous law. Customer shall not submit any biometric identifiers, biometric information, genetic data, or analogous data to the Service.
• Anti-Doping, Background-Check, Credit-Reporting, and Tenant-Screening. The U.S. Fair Credit Reporting Act ("FCRA"), state consumer-reporting laws, the World Anti-Doping Code, or any analogous regime. The Service is not a "consumer reporting agency" and Outputs are not "consumer reports" within the meaning of the FCRA.

CUSTOMER ASSUMES SOLE RESPONSIBILITY FOR DETERMINING THAT THE SERVICE IS APPROPRIATE FOR CUSTOMER'S INTENDED USE AND COMPLIES WITH ANY LAW APPLICABLE TO CUSTOMER'S BUSINESS. ANY USE OF THE SERVICE FOR ANY REGULATED USE CASE LISTED ABOVE, OR FOR ANY OTHER USE CASE REQUIRING SPECIALIZED COMPLIANCE, CERTIFICATION, OR ACCREDITATION THAT THE COMPANY HAS NOT EXPRESSLY AGREED IN WRITING TO PROVIDE, IS AT CUSTOMER'S SOLE RISK, AND CUSTOMER SHALL INDEMNIFY THE COMPANY UNDER SECTION 17 FOR ANY CLAIM, FINE, PENALTY, OR LIABILITY ARISING FROM SUCH USE.

IN NO EVENT SHALL THE COMPANY OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, UNDER ANY THEORY OF LIABILITY, SHALL NOT EXCEED THE LESSER OF (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO US IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE THOUSAND UNITED STATES DOLLARS (USD $1,000). THIS CAP APPLIES IN AGGREGATE TO ALL CLAIMS, NOT PER CLAIM. FOR FREE TRIALS OR UNPAID ACCOUNTS, OUR TOTAL LIABILITY SHALL NOT EXCEED FIFTY UNITED STATES DOLLARS (USD $50).

WE SHALL HAVE NO LIABILITY WHATSOEVER FOR THIRD-PARTY PLATFORM OUTAGES, API CHANGES, DEPRECATIONS, SUSPENSIONS, DATA INACCURACIES, POLICY ENFORCEMENT, OR ANY THIRD-PARTY PLATFORM ACTION OR INACTION.

WE SHALL HAVE NO LIABILITY FOR ANY FINANCIAL LOSS, OVERSPEND, MARGIN EROSION, CAMPAIGN PERFORMANCE DEGRADATION, MARKETPLACE PENALTIES, OR OTHER ADVERSE OUTCOME RESULTING FROM: (A) EXECUTION OR AUTOMATION ACTIONS YOU AUTHORIZED, ENABLED, OR FAILED TO DISABLE OR LIMIT; (B) INCOMPLETE, PARTIAL, FAILED, DELAYED, DUPLICATED, OR OUT-OF-ORDER EXECUTION OR AUTOMATION ACTIONS CAUSED BY SERVICE INTERRUPTIONS, INFRASTRUCTURE FAILURES, OR ANY OTHER CAUSE; (C) FAILED, INCOMPLETE, OR UNAVAILABLE ROLLBACK, UNDO, OR RECOVERY OPERATIONS; (D) ACTIONS EXECUTED BASED ON STALE, CACHED, OUTDATED, OR INCOMPLETE DATA; (E) DATA SYNCHRONIZATION FAILURES OR DISCREPANCIES BETWEEN THE SERVICE AND THIRD-PARTY PLATFORMS; (F) YOUR FAILURE TO INDEPENDENTLY MONITOR, SUPERVISE, VERIFY, OR TAKE CORRECTIVE ACTION ON YOUR THIRD-PARTY PLATFORM ACCOUNTS; OR (G) ANY COMBINATION OF THE FOREGOING.

WE SHALL HAVE NO LIABILITY FOR ANY LOSS, DAMAGE, OR ADVERSE OUTCOME ARISING FROM OR RELATED TO YOUR RELIANCE ON ANY RECOMMENDATION, PROJECTION, FORECAST, SIMULATION, ESTIMATE, OR ANALYTICAL OUTPUT PROVIDED BY THE SERVICE. ALL SUCH OUTPUTS ARE DERIVED FROM MATHEMATICAL MODELING AND PROBABILISTIC ANALYSIS OF OBSERVED DATA AND ARE PROVIDED FOR INFORMATIONAL PURPOSES ONLY. THEY DO NOT CONSTITUTE A GUARANTEE OF FUTURE PERFORMANCE, AND THE SOLE DECISION TO ACT UPON THEM RESTS ENTIRELY WITH YOU. THE COMPANY DOES NOT GUARANTEE UPLIFT OR IMPROVEMENT FOR ANY CUSTOMER.

You acknowledge that the limitations of liability in this Section 16 reflect a fair allocation of risk and are an essential basis of the bargain between the parties. Without these limitations, we could not provide the Service at the current pricing.

You agree to defend, indemnify, and hold harmless the Company and its affiliates, officers, directors, employees, agents, successors, and assigns from and against any and all claims, damages, liabilities, losses, costs, and expenses (including reasonable legal fees and court costs) arising out of or relating to:

• Your access to or use of the Service;
• Customer Data, including any claim that Customer Data infringes, misappropriates, or violates the rights of any third party (including any intellectual property right, right of publicity, right of privacy, or moral right) or any applicable law;
• Your breach of any representation, warranty, covenant, or obligation under these Terms, including without limitation the representations and warranties in Section 11.4(g) (Marketing License) and Section 2.3 (Business Capacity);
• Your violation of any applicable law or regulation, or any Third-Party Platform's terms, including any anti-corruption, anti-money-laundering, sanctions, export-control, anti-spam, or competition law;
• Any Execution or automation action authorized by you or your Authorized Users;
• Any decision, action, or omission by you or your Authorized Users based on or in reliance upon any Recommendation, projection, forecast, Output, or analytical output provided by the Service;
• Any use of the Service for any regulated use case excluded under Section 15.2 (Negative Regulatory Compliance Warranties);
• Any negligent, reckless, fraudulent, or wrongful act or omission by you or your Authorized Users.

We reserve the right to assume exclusive control of any matter subject to indemnification under this Section 17.1, at your expense. You will cooperate fully in the defense of any such claim.

Subject to the exclusions in Section 17.3, the conditions in Section 17.4, the remedies and termination right in Section 17.5, and the overall limitations of liability in Section 16, the Company shall defend Customer against any third-party claim, suit, or proceeding (a "Covered Claim") alleging that Customer's use of the Service strictly in accordance with these Terms directly infringes the third party's issued patent, registered copyright, or registered trademark in any jurisdiction in which the Service is generally made commercially available, and shall pay (i) any damages finally awarded by a court of competent jurisdiction against Customer with respect to the Covered Claim, or (ii) any amount of any settlement of the Covered Claim entered into by the Company on Customer's behalf in accordance with Section 17.4.

For the avoidance of doubt, the Company's obligation under this Section 17.2 is the Company's sole and exclusive obligation, and Customer's sole and exclusive remedy, with respect to any actual or alleged infringement or misappropriation by the Service of any intellectual property right of any third party, and is in lieu of any implied or statutory warranty of non-infringement, all of which are disclaimed under Section 15.

The Company shall have no obligation under Section 17.2 with respect to any Covered Claim that arises from or is based on:

• Customer Data, including any allegation that Customer Data, or the Company's use of Customer Data in accordance with these Terms, infringes any third-party right;
• Use of the Service in combination with any product, service, hardware, software, data, content, or other material not provided by, or recommended in writing by, the Company, where the alleged infringement would not have occurred but for such combination;
• Use of the Service in a manner not authorized by, or in breach of, these Terms or the documentation;
• Any modification, customization, adaptation, or alteration of the Service by any person other than the Company or its authorized contractors;
• Any version, release, or feature of the Service after the Company has provided Customer with a modified or replacement version, release, or feature that would have avoided the alleged infringement, and Customer's failure to implement such modified or replacement version, release, or feature within a reasonable period;
• Any beta, alpha, preview, evaluation, or experimental feature of the Service, any feature provided at no charge, any free trial use, or any free tier of the Service;
• Customer's continued use of the Service after the Company notifies Customer to cease using the Service due to a Covered Claim, or after Customer has actual knowledge of facts giving rise to a Covered Claim;
• Any claim of infringement of a patent in which Customer or any of its affiliates is a named inventor, owner, or licensee, or any claim asserted by an entity in which Customer or any of its affiliates holds any direct or indirect equity interest;
• Compliance with Customer's specifications, requirements, or instructions, where the alleged infringement would not have occurred but for such compliance;
• Any third-party AI Service Provider's output or processing, except to the extent the Company has expressly assumed responsibility for such output in writing.

Each party's indemnification obligations under this Section 17 are conditioned upon the indemnified party (i) providing the indemnifying party with prompt written notice of the claim (provided that failure to give prompt notice shall not relieve the indemnifying party of its obligations except to the extent it is materially prejudiced thereby), (ii) granting the indemnifying party sole control over the defense and settlement of the claim (provided that the indemnifying party shall not settle any claim that imposes any non-monetary obligation, admission of liability, or non-monetary restriction on the indemnified party without the indemnified party's prior written consent, not to be unreasonably withheld), and (iii) providing reasonable cooperation in the defense of the claim at the indemnifying party's expense. The indemnified party may, at its own cost, participate in the defense with counsel of its own choosing.

If the Service becomes, or in the Company's reasonable opinion is likely to become, the subject of a Covered Claim, the Company may, at its sole option and expense: (a) procure for Customer the right to continue using the Service; (b) modify the Service so that it is non-infringing while preserving substantially equivalent functionality; (c) replace the affected portion of the Service with a non-infringing equivalent of substantially equivalent functionality; or (d) if the Company determines that none of the foregoing is commercially reasonable, terminate Customer's Subscription and refund any prepaid but unused fees for the affected portion of the Service, prorated through the date of termination. The remedies set forth in this Section 17.5 are Customer's sole and exclusive remedy for any actual or alleged infringement by the Service of any third-party intellectual property right.

NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION 17, THE COMPANY'S TOTAL CUMULATIVE LIABILITY UNDER SECTION 17.2 (INCLUDING ALL AMOUNTS PAID IN DEFENSE COSTS, SETTLEMENTS, AND FINAL JUDGMENTS) SHALL NOT EXCEED THE AGGREGATE LIABILITY CAP SET FORTH IN SECTION 16.2.

These Terms and any dispute arising out of or in connection with them are governed by and construed in accordance with the laws of the Kingdom of Thailand, without regard to its conflict of laws provisions.

Before initiating any formal dispute resolution, the parties shall attempt to resolve any dispute through good-faith negotiation for at least 30 days after written notice of the dispute is given.

If the dispute is not resolved through negotiation, it shall be finally resolved by binding arbitration administered by the Thailand Arbitration Center (THAC) in accordance with THAC's arbitration rules then in effect. The seat of arbitration shall be Bangkok, Thailand. The language of the arbitration shall be English. The arbitral award shall be final and binding, and judgment may be entered in any court of competent jurisdiction. If any portion of this Section 18 is held unenforceable with respect to a particular claim, the parties agree that the courts of Bangkok, Thailand shall have non-exclusive jurisdiction over that claim, and the remaining portions of this Section shall remain in effect to the fullest extent permitted by law.

YOU WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL DISPUTES MUST BE BROUGHT SOLELY IN YOUR INDIVIDUAL CAPACITY.

Notwithstanding Sections 18.2 and 18.3, the following matters are expressly carved out from the mandatory negotiation and arbitration provisions of this Section 18, and either party may pursue them in any court of competent jurisdiction (and, with respect to clauses (a) and (b), in addition to or in lieu of arbitration):

• (a) Injunctive and Equitable Relief. Applications for emergency, preliminary, interim, temporary, or permanent injunctive relief, specific performance, or other equitable relief from a court of competent jurisdiction to prevent or restrain (i) any actual or threatened infringement, misappropriation, or unauthorized disclosure of intellectual property or Confidential Information, (ii) any actual or threatened breach of Sections 6 (Customer Data), 8.3 (Competing Products), 10 (Acceptable Use), 11 (Intellectual Property, including Section 11.4 Marketing License), or 14 (Confidentiality), or (iii) any other circumstance in which the moving party demonstrates a risk of irreparable harm not adequately compensable by monetary damages, pending the outcome of any arbitration commenced under this Section 18.
• (b) Intellectual Property Infringement Claims. Any claim, action, suit, counterclaim, or proceeding by either party alleging (i) infringement, dilution, tarnishment, or misappropriation by the other party of any patent, copyright, trademark, trade secret, trade name, trade dress, design right, database right, or other intellectual property right, or (ii) breach of Section 11.4 (Marketing License). Such claims may, at the electing party's option, be brought in the courts of Bangkok, Thailand (which the parties hereby agree have non-exclusive jurisdiction over such claims), or in any other court of competent jurisdiction including any court having personal jurisdiction over the alleged infringer.
• (c) Collection of Undisputed Fees. Any action by the Company to collect fees, taxes, late charges, or other amounts that are due and payable under these Terms and that are not the subject of a bona fide, timely-asserted, good-faith dispute by Customer, including any action for breach of contract, account stated, debt-collection proceeding, or summary judgment. Such actions may be brought in any court of competent jurisdiction, including any court having personal jurisdiction over Customer or any of Customer's assets.
• (d) Statutory Small-Claims Proceedings. Either party may bring any qualifying claim in a small-claims or analogous limited-jurisdiction court of competent jurisdiction, provided the proceeding remains in that court and is not removed, transferred, or consolidated with claims that exceed the jurisdictional limit of such court.

A party's pursuit of any carved-out remedy under this Section 18.5 shall not be deemed a waiver of, or an election against, that party's right to arbitration of any other claim under Section 18.3.

By creating an Account, you consent to receive electronic communications from us, including emails, in-app notifications, and push notifications, relating to your Account, Subscription, Service updates, billing, security alerts, and other operational matters. You agree that such electronic communications satisfy any legal requirements for written notice.

All notices under these Terms must be in writing and sent to the email address associated with your Account (for notices to you) or to support@dataglasslabs.com (for notices to us). Notices are deemed received upon delivery to the recipient's email server. For legal notices (including breach, termination, or dispute notices), a copy should additionally be sent to legal@dataglasslabs.com. It is your responsibility to keep your Account email address current and monitored.

We may send you promotional or marketing communications about our products and services. You may opt out of marketing communications at any time by using the unsubscribe link in the email or by contacting us. Opting out of marketing communications does not affect transactional or operational communications related to your Account or Subscription.

Customer may not assign, novate, sublicense, delegate, or otherwise transfer these Terms, or any rights or obligations hereunder, by operation of law or otherwise, without the Company's prior written consent (not to be unreasonably withheld for assignment in connection with a bona fide internal corporate reorganization or sale of all or substantially all of Customer's assets to a non-competitor of the Company). The Company may, at any time and without Customer's consent or notice: (i) assign, novate, or transfer these Terms (in whole or in part) to any of its affiliates, subsidiaries, parent entities, or other entities under common control with the Company; (ii) assign, novate, or transfer these Terms in connection with any merger, consolidation, demerger, scheme of arrangement, acquisition, corporate reorganization, restructuring, financing, change of control, initial public offering, or sale of all or substantially all of the Company's assets, equity, or the business line to which these Terms relate; and (iii) subcontract or delegate the performance of any of its obligations hereunder to qualified third-party contractors and subprocessors, provided that the Company shall remain responsible for the acts and omissions of such contractors and subprocessors with respect to the performance of these Terms. Any purported assignment, novation, sublicense, delegation, or transfer by Customer in violation of this Section 22.1 is void ab initio. These Terms shall be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns.

If any provision of these Terms is held invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it enforceable.

These Terms, together with any applicable Order Form and our Privacy Policy, constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, representations, and understandings. In the event of a conflict between these Terms and an Order Form, the Order Form controls solely with respect to the specific commercial terms described therein.

No failure or delay by either party in exercising any right under these Terms constitutes a waiver of that right. A waiver is only effective if made in writing and signed by the waiving party.

Neither party shall be liable for delays or failures in performance (other than the obligation to pay amounts when due) resulting from circumstances beyond its reasonable control ("Force Majeure Events"), including without limitation: natural disasters; floods, fires, earthquakes, typhoons, tsunamis, and other acts of God; epidemics, pandemics, and public-health emergencies (including any successor to or recurrence of the COVID-19 pandemic); acts of war (whether declared or undeclared), armed conflict, terrorism, civil unrest, insurrection, riot, or sabotage; acts, orders, or interventions of any government, regulator, or court (including expropriation, embargo, sanction, blockade, currency restriction, or compulsory licensing); labor disputes, strikes, lockouts, and work stoppages; failures, outages, congestion, or degradation of the public internet, electrical grid, telecommunications networks, undersea cables, satellite links, payment-processor networks, banking systems, cloud-infrastructure providers, content-delivery networks, or Third-Party Platforms; cybersecurity incidents not caused by the affected party's negligence; supply-chain disruptions; and any other event of comparable severity. The affected party shall give prompt written notice (and in any event within five (5) business days of becoming aware) of the Force Majeure Event, including a description, its expected duration, and the obligations affected, and shall use commercially reasonable efforts to mitigate the impact and resume performance as soon as reasonably practicable. If a Force Majeure Event materially impairs a party's ability to perform its obligations and continues for a period exceeding sixty (60) consecutive days, then either party may terminate the affected Subscription, in whole or in part, upon ten (10) days' prior written notice to the other party. Upon any termination under this Section 22.5: (i) the Company shall refund to Customer any prepaid but unused fees for the affected portion of the Service, prorated through the effective date of termination; (ii) neither party shall have any further liability to the other arising from or related to the Force Majeure Event or the termination itself, except for accrued payment obligations and obligations that expressly survive termination under Section 13.4; and (iii) Customer shall remain liable for all fees that accrued prior to the effective date of termination.

The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship.

These Terms do not confer any rights or remedies on any third party.

These Terms are written in English. In the event of any conflict between an English version and any translation, the English version prevails.

The Service may be subject to export control and sanctions laws and regulations, including those of Thailand, the United States, and the European Union. You represent and warrant that: (a) you are not located in, or a national or resident of, any country or territory that is the target of comprehensive economic sanctions; (b) you are not listed on any applicable restricted or denied party list; and (c) you will not use the Service in violation of any applicable export control or sanctions laws. The Company reserves the right to restrict or terminate access to the Service to comply with applicable export control and sanctions requirements without notice or liability.

From time to time, the Company may make available to Customer features, modules, integrations, models, dashboards, or other functionality that are designated by the Company as "alpha," "beta," "preview," "early access," "experimental," "labs," "preliminary," "not for production use," or by a similar designation (each, a "Beta Feature"). Beta Features are made available solely for the purpose of evaluation, testing, and feedback, and are subject to the following terms, which prevail over any conflicting provision of these Terms with respect to such Beta Features:

• As-Is. Beta Features are provided strictly on an "as is" and "as available" basis, without warranty of any kind, whether express, implied, statutory, or otherwise. All disclaimers in Section 15 (including without limitation Section 15.2) apply to Beta Features with full force, and the Company expressly disclaims any obligation of fitness for any particular purpose, accuracy, completeness, performance, security, or non-infringement with respect to Beta Features.
• No Service Levels. No service-level commitment, uptime guarantee, support obligation, or response-time commitment applies to Beta Features, notwithstanding any other commitment the Company may make in respect of generally available portions of the Service.
• Limited or No Liability. To the maximum extent permitted by applicable law, the Company's total liability arising from or related to Beta Features (including all uses, errors, defects, downtime, data loss, security incidents, or unexpected outputs) shall not exceed the lesser of (A) the aggregate cap in Section 16.2 and (B) one hundred United States dollars (USD $100); and the Company shall have no liability whatsoever for indirect, incidental, consequential, special, exemplary, or punitive damages arising from Beta Features.
• Confidentiality. The existence, design, functionality, performance, defects, evaluation results, and roadmap of any Beta Feature constitute the Company's Confidential Information under Section 14, and Customer shall not disclose any of the foregoing to any third party (other than Authorized Users with a need to know who are bound by confidentiality obligations no less protective than Section 14), publish any benchmark or comparative analysis, or otherwise discuss any Beta Feature publicly, without the Company's prior written consent.
• Feedback. Any feedback, suggestions, bug reports, evaluation results, feature requests, or other input that Customer or its Authorized Users provide regarding a Beta Feature shall be governed by Section 11.2 (Feedback), and the Company shall be free to use, incorporate, exploit, and commercialize such feedback in any manner without restriction or compensation to Customer.
• Modification or Discontinuation. The Company may modify, suspend, withdraw, deprecate, or discontinue any Beta Feature at any time, in whole or in part, with or without prior notice and with or without making any successor or replacement available, and shall have no liability or obligation (including no obligation of refund or credit) in respect of any such modification, suspension, or discontinuation. The Company is under no obligation to make any Beta Feature generally available or to continue to develop, support, or maintain any Beta Feature.
• Data Generated by Beta Features. Customer Data processed by, and Outputs generated from, Beta Features may be deleted, lost, corrupted, or rendered inaccessible at any time, including upon modification or discontinuation of the Beta Feature, without notice and without liability to the Company. Customer shall not rely on Beta Features for any production, mission-critical, or compliance-sensitive workflow.
• No Implied Production Use. The Company's provision of any Beta Feature shall not be construed as a commitment, license, or warranty with respect to any future generally available version of such feature, and Customer's acceptance of these Terms shall not entitle Customer to any future generally available version on the same commercial terms (including price) as the Beta Feature.

Customer's sole and exclusive remedy for any dissatisfaction with any Beta Feature is to cease using such Beta Feature.