End User License Agreement

Terms & Conditions

White Rabbit AI, Inc. is currently doing business as “White Rabbit Intel”, a C Corporation organized under the laws of the state of North Carolina (“We,” “Us,” “Our,” the “Company”) is the owner and operator of the website www.whiterabbitintel.com together with its attendant and related domains and pages (altogether, the “Website”). The Website also includes any other web properties, including domains or related pages, owned or operated by the Company.

You must read, agree to, and accept all of the terms and conditions contained in these Terms in order to use our business intelligence and predictive analytics artificial intelligence (AI) platform found at www.platform.whiterabbitintel.com or any mobile or tablet application associated with it (hereinafter collectively referred to as the “Service”).

Your use of the Website, including any of its index pages (altogether, the “Website”), constitutes acceptance of these Terms and Conditions (this “Agreement”).Your use of the Website and any of Our product(s) or service(s) constitutes a continuing acceptance of these Terms and Conditions, meaning that each time that you access the Website or use any of our products or services you agree to the then-current version of these Terms and Conditions.

YOU MAY NOT ACCESS OUR SERVICE IF YOU ARE OUR DIRECT COMPETITOR, EXCEPT WITH OUR PRIOR WRITTEN CONSENT. IN ADDITION, YOU MAY NOT ACCESS OUR SERVICE FOR PURPOSES OF MONITORING ITS PERFORMANCE OR FUNCTIONALITY, OR FOR ANY OTHER BENCHMARKING OR COMPETITIVE PURPOSES.



Your Account & Identity

Your Account. In order to use the Service, you must (i) register for an account (“Account”), and (ii) provide certain information about yourself as requested by the Company in the online registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate, (b) you will maintain the accuracy of such information, (c) your use of the Service does not violate any applicable local or international law, and (d) you are at least eighteen (18) years of age and have the legal capacity to enter into these Terms.

You may close your Account(s) at any time, for any reason, by following the instructions in the Service. The Company may suspend or terminate your Account(s) in accordance with the Term and Termination section of the present Terms




Confidentiality & Security of the Account

You shall be responsible for (i) maintaining and ensuring the confidentiality and security of your Account’s login information, and (ii) all activities that are conducted under your Account. You agree not to disclose your password to anyone and you shall be solely responsible for any use of or action taken through the use of such password in the Service. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement. By using your Account, you acknowledge and agree that the Company’s account security procedures are commercially reasonable. You agree to immediately notify the Company in the event of any unauthorized use, or suspected unauthorized use, of your Account(s) or any other breach of security.



Content

“Content” shall mean any and all content (including, but not limited to, data such as email lists, zip code lists, and phone number lists) that a user uploads to the Service. You are solely responsible for your Content. You assume all risks associated with the use of your Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your Content that makes you or any third party personally identifiable.

You agree not to use the Service to upload, distribute, or otherwise use any Content in a way (a) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) that is tortious, trade libelous, defamatory, false, or intentionally misleading, (c) that is harassing, abusive, threatening, harmful, vulgar, obscene, offensive, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual, or is otherwise objectionable, (d) that is harmful to minors in any way; or (e) that violates any law, regulation, or contractual obligations.

The Company is not responsible for and does not control any Content. The Company has no obligation to review or monitor, and does not approve, endorse, or make any representations or warranties with respect to any Content.



Governing Law

By accessing this web site, you agree that the laws of the State of North Carolina, without regard to any choice-of-law doctrines and principles thereof, will apply to all matters relating to use of this web site. You also submit to the personal jurisdiction of North Carolina and the venue of the state and federal Courts of North Carolina.



Patents

One or more patents may apply to this Website, which patents, together with all of the protections afforded them by applicable law, whether pending, registered, or granted, shall apply at all times. Patented materials, products, processes, or any other patented information or object, including software code, may not be reproduced, in whole or in part, nor reverse-engineered or otherwise used in the slightest degree, absent the express written permission of the Company.



U.S. Government Restricted Rights

If any Product is used or accessed by or on behalf of the United States government, such use or access is subject to the following provision. The Products and any related Documentation are deemed "commercial computer software" and "commercial computer software documentation," respectively, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto.

If the user of the Product is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Products, including technical data, manuals or other accompanying documentation, is restricted in accordance with Federal Acquisition Regulation (“FAR”) 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement (“DFARS”) 227.7202 for military agencies and use of the Product by any Government agency, department or other agency of the Government is further restricted as set forth in this Agreement.



Reverse Engineering and Security

YOU FURTHER AGREE NOT TO UNDERTAKE ANY OF THE FOLLOWING ACTIONS:A. Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;B. Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.



Submission Policy

(1) Any submissions that you make to the Company, including reviews and testimonials, and their contents will automatically become the property of the Company, without any compensation to you; (2) by making any submission to our website or any website on the that We own, operate, or control in part or in whole, you grant the Company a universal, irrevocable, freely-transferable license to use, sell, modify, or delete such submissions; (3) the Company has no obligation to review the submission; and (4) there is no obligation to keep any submission confidential.

To the extent a submission is made under terms inconsistent with these Terms and Conditions, these Terms and Conditions govern.

Customer’s Proprietary Rights. You own and retain all rights to the Customer Materials and Customer Data that You upload. This Agreement does not grant us any ownership rights to Customer Materials or Customer Data, with the exception that the choice to “Allow my data to be recycled to improve our services” has been willingly granted by You in the Company’s Service(s). You grant permission to us and our licensors to use the Customer Materials and Customer Data only as necessary to provide the Subscription Service and Consulting Services to you and as otherwise permitted by this Agreement. If you are using the Subscription Service or receiving Consulting Services on behalf of another party, then you represent and warrant that you have all sufficient and necessary rights and permissions to do so.

Limits on White Rabbit AI, Inc. We will not use, or allow anyone else to use, distribute, or sell Customer Data to contact any individual or company except as you direct or otherwise permit. We will use Customer Data only in order to provide the Subscription Service and Consulting Services to you and only as permitted by applicable law and this Agreement.

Data Practices and Machine Learning. We may monitor use of the Subscription Service by all of our customers and use the information gathered in an aggregate and anonymized manner. We may use Customer Data in an anonymized manner for machine learning. You agree that we may use and publish such information, provided that such information does not incorporate any Customer Data and/or identify you. For clarity, any data provided to other customers or third parties will only be in an aggregated and anonymous manner. We use Customer Data in an anonymized manner for machine learning that supports certain product features and functionality within the Subscription Service.

WHITE RABBIT AI, INC WILL NEVER SELL YOUR DATA TO ANY INDIVIDUALS OR OUTSIDE AND/OR THIRD-PARTY ENTITIES.

We automatically collect metrics and information about how Users interact with and use the Subscription Service. We use this information to develop and improve the Subscription Services and the Consulting Services, and to inform our sales and marketing strategies. We may share or publish this service data with third parties in an aggregated and anonymized manner, but we will not include any Customer Data or identify Users.

If you access the Subscription Services via our mobile applications, we may also collect your device model and version, device identifier, and OS version. We may send you push notifications from time to time in order to update you about new products, services, features, events, and/or promotions. If you no longer wish to receive such communications, you may turn them off at the device level.

We use Customer Data in an anonymized manner for machine learning that supports certain product features and functionality within the Subscription Service.

When you use the Subscription Service, we automatically collect log files. These log files contain information about a Users’ IT system, a User’s IP address, browser type, domain names, internet service provider (ISP), the files viewed on our site (e.g., HTML pages, graphics, etc.), operating system, clickstream data, access times, and referring website addresses. We use this information to ensure the optimal operation of the Subscription Service and for security purposes. We may link log files to Personal Data such as name, email address, address, and phone number for these purposes.



Data Retention

Customer Data collected during your use of the Subscription Service is retained in accordance with the provisions of the DPA and is retained for as long as you have a paid Subscription and/or remain an active customer in your portal. Your data is deleted upon your written request or after an established period following the termination of all customer agreements. In general, Customer Data is deleted after your paid Subscription ends and your portal becomes inactive.



Protection of Customer Data

White Rabbit AI, Inc shall only Process Personal Data for the purposes described in this Agreement or as otherwise agreed within the scope of Customer’s lawful Instructions, except where and to the extent otherwise required by applicable law. We are not responsible for compliance with any Data Protection Laws applicable to Customer or Customer's industry that are not generally applicable to us.

(1) Conflict of Laws. If White Rabbit AI, Inc becomes aware that it cannot Process Personal Data in accordance with Customer's Instructions due to a legal requirement under any applicable law, White Rabbit AI, Inc will (i) promptly notify Customer of that legal requirement to the extent permitted by the applicable law; and (ii) where necessary, cease all Processing (other than merely storing and maintaining the security of the affected Personal Data) until such time as Customer issues new Instructions with which White Rabbit AI, Inc is able to comply. If this provision is invoked, White Rabbit AI, Inc will not be liable to Customer under the Agreement for any failure to perform the applicable Subscription Services until such time as Customer issues new lawful Instructions with regard to the Processing.

(2) Security. White Rabbit AI, Inc shall implement and maintain appropriate technical and organizational measures to protect Personal Data from Personal Data Breaches. Notwithstanding any provision to the contrary, White Rabbit AI, Inc may modify or update the Security Measures at its discretion provided that such modification or update does not result in a material degradation in the protection offered by the Security Measures.

(3) Confidentiality. White Rabbit AI, Inc shall ensure that any personnel whom White Rabbit AI, Inc authorizes to Process Personal Data on its behalf is subject to appropriate confidentiality obligations (whether a contractual or statutory duty) with respect to that Personal Data.

(4) Personal Data Breaches. White Rabbit AI, Inc will notify Customer without undue delay after it becomes aware of any Personal Data Breach and shall provide timely information relating to the Personal Data Breach as it becomes known or reasonably requested by Customer. At Customer’s request, White Rabbit AI, Inc will promptly provide Customer with such reasonable assistance as necessary to enable Customer to notify relevant Personal Data Breaches to competent authorities and/or affected Data Subjects, if Customer is required to do so under Data Protection Laws.

(5) Deletion or Return of Personal Data. White Rabbit AI, Inc will delete or return all Customer Data, including Personal Data (including copies thereof) Processed pursuant to this DPA, on termination or expiration of your Subscription Service in accordance with the procedures and timeframes set out in the Agreement, save that this requirement shall not apply to the extent White Rabbit AI, Inc is required by applicable law to retain some or all of the Customer Data, or to Customer Data it has archived on back-up systems, which data White Rabbit AI, Inc shall securely isolate and protect from any further Processing and delete in accordance with its deletion practices. You may request the deletion of your White Rabbit AI, Inc account after expiration or termination of your subscription by sending a request.



Privacy

Our Privacy Policy applies to our Service(s) and may be accessed in-app and/or on Our Website at www.whiterabbitintel.com/privacy-refund-policy.



Products

In no event shall the Company, or any of its affiliates be liable for special, incidental or consequential damages, whether purchaser’s claim in contract, negligence, strict liability or otherwise. In consideration of the sale of the product to the purchaser, which sales we would not otherwise make, purchaser agrees to indemnify and hold the Company harmless from all claims, expenses, losses and liability of any nature whatsoever arising out of purchaser’s handling and/or use of any product sold here, whether used alone or in combination with any other substance no matter what it’s origination.

You agree not to use the Website or Services for any unlawful purpose or any purpose prohibited under this clause. You agree not to use the Website or Services in any way that could damage the Website, Services, or general business of the Company.



Social Integrations

Google Integrations If you choose to integrate your Gmail or any other G Suite application with the Subscription Service you may use the following integrations and allow White Rabbit AI, Inc access to your Google user data:

(1) Gmail, G Suite, Google Integration
By using the ‘Gmail, G Suite, Google Integration’ with the Subscription Service you will grant the Subscription Service access to information associated with your account, including contacts, emails, calendar, distribution lists, subject lines, and URLs of tracked links from your email, if you use the email tracking functionality. In addition, the Subscription Service will be able to read, modify, create, and send emails from your connected Gmail account. The Subscription Service will scan the content of your emails to identify which emails you have elected to track in order to provide you with the notifications feature. The Subscription Service will store replies, outgoing mail, email headers, subject line, distribution lists, aliases, time sent, and Email bodies. Your email may contain sensitive information, such as names of your contacts, your private communications, or financial or medical information. You understand that the correspondences you track will be visible to other users on your Subscription team.

If you connect your Gmail account via IMAP (or Generic Inbox Connection), the Subscription Service will have access only to email address, password, server information, email metadata, and message bodies. Additionally, connecting your Gmail account via IMAP does not require you to connect any other G Suite applications.Notwithstanding anything else in this Product Privacy Policy, if you provide White Rabbit AI, Inc with access to your Gmail data using the Gmail Integration, our use of that data will be subject to these additional restrictions:

(a) We will only use access to read, write, modify or control Gmail message bodies (including attachments), metadata, headers, and settings to provide a web email client that allows users to compose, send, read, and process emails and to enhance the email experience for productivity purposes.

(b) We will not transfer this Gmail data to others unless doing so is necessary to provide and improve these features, comply with applicable law, or as part of a merger, acquisition, or sale of assets.

(c) White Rabbit AI, Inc. will not use this Gmail data for serving advertisements.

(d) White Rabbit AI, Inc. will not allow humans to read this data unless we have your affirmative agreement for specific messages, doing so is necessary for security purposes such as investigating abuse, to comply with applicable law, or for White Rabbit AI, Inc. internal operations when the data have been aggregated and anonymized.

(2) Youtube Integration
If you use the YouTube Integration, you agree to be bound by YouTube's terms, available at: https://www.youtube.com/t/terms.

If you choose to connect your YouTube account with our Social Tool (subject to your product tier), as part of posting to YouTube through the Subscription Service, the White Rabbit AI, Inc platform will store your posts and publish them at the scheduled time as selected by you. Additionally, the Subscription Service will add tracking code to any post URL generated through the White Rabbit AI, Inc Platform, solely for the purpose of tracking clicks. The Subscription Service stores comments and replies on your posts, as well as analytics for the performance of your posts.

(3) Twitter Integration
You may choose to integrate your Twitter account with the White Rabbit AI, Inc Platform (depending on product tier) in order to manage your Twitter. As part of posting Tweets through the Subscription Service, the White Rabbit AI, Inc platform will store your Tweets and post Tweets upon their scheduled time as selected by you. Additionally, the Subscription Service will add tracking code to any Tweet URL generated through the White Rabbit AI, Inc Platform, solely for the purpose of tracking clicks. The Subscription Service will store replies to and analytics for the performance of your Tweets.

(4) LinkedIn Integrations
Your use of the LinkedIn Ads integration is also subject to the terms and conditions provided by LinkedIn, available at: https://www.linkedin.com/legal/sas-terms. The Subscription Service will be able to view and manage your account, as well as store your LinkedIn Ads account number. As part of the integration, the Subscription Service receives user token with permissions on ad accounts and pages. The Subscription Service can view but does not store all the LinkedIn ads accounts and pages that you have permission for. LinkedIn will share with the Subscription Service: settings details (e.g., name, budget, bid strategy, creative) and performance metrics (impressions, clicks, etc.) for all campaigns, ad sets, and ads in the ad accounts the user has “connected” to the Subscription Service.

If you choose to sync leads, the Subscription Service will receive webhook updates when a new lead form submission occurs on a Page the user has “connected” to your account. The Subscription Service will pull all lead submissions for Pages the user has connected. The Subscription Service will log these submissions as form submissions in the CRM.

If you choose to connect your LinkedIn account with our Social Tool (subject to your product tier), as part of posting to LinkedIn through the Subscription Service, the White Rabbit AI, Inc platform will store your posts and publish only at the time you schedule. Additionally, the Subscription Service will add tracking code to any post URL generated through the White Rabbit AI, Inc Platform, solely for the purpose of tracking clicks. The Subscription Service stores comments and replies on your posts, as well as analytics for the performance of your posts. As part of any LinkedIn integration the Subscription Service will store your account name and profile picture.



Other Terms of Acceptable Use

YOU FURTHER AGREE NOT TO USE THE WEBSITE OR SERVICES:

I) To violate any person’s legal rights, including by way of harassment, threat, or misappropriation or misuse of any intellectual property including Company intellectual, or by spam, improperly collecting, using, or disseminating any personal information or personal identifying information;

II) To violate any intellectual property rights of the Company or any third party;

III) To upload or otherwise disseminate any computer viruses or other software, malware, or any other software that may damage the property of another;

IV) To perpetrate any fraud, including fraud against the Company or any other person;

V) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;

VI) To publish or distribute any obscene or defamatory material;VII) To publish or distribute any material that incites violence, hate, or discrimination towards any group;VIII) To unlawfully gather information about others.



Service plans, payment terms, fees & cancellation

You may always find the information on our Service Plans and pricing in-app and/or at www.whiterabbitintel.com/pricing. Upon signup for one of the paid service plans the credit/debit card number you provide will be automatically charged the relevant Service fee every billing cycle. If you cancel a payment or initiate an improper chargeback your Account may be frozen and/or suspended immediately.

Upgrading or downgrading a Service Plan. You may upgrade or downgrade your Service Plan at any time by choosing the plan or change the number of users options under the “Account” tab in your Account. Should you downgrade your Service plan, your new Service fee will take immediate effect and no pro-rated refund will be issued. Should you upgrade your Service plan, your new Service fee will take immediate effect and be charged in full.

Cancellation of a Service Plan. You may cancel your Service plan via your Account at any time and for any reason. However, all fees paid by You hereunder are non-refundable. If you cancel your Service plan prior to the end of a billing cycle, you will no longer be able to continue enjoying the Service until the end of such billing cycle.

General Provisions

a) Language: All communications made or notices given pursuant to this Agreement shall be in the English language.

b) Assignment: This Agreement, or the rights granted hereunder, may not be assigned, sold, leased or otherwise transferred in whole or part by You. Should this Agreement, or the rights granted hereunder, by assigned, sold, leased or otherwise transferred by the Company, the rights and liabilities of the Company will bind and insure to any assignees, administrators, successors, and executors.

c) Severability: If any part or sub-part of this Agreement is held invalid or unenforceable by a court of law or competent arbitrator, the remaining parts and sub-parts will be enforced to the maximum extent possible. In such condition, the remainder of this Agreement shall continue in full force.

d) No Waiver: In the event that We fail to enforce any provision of this Agreement, this shall not constitute a waiver of any future enforcement of that provision or of any other provision. Waiver of any part or sub-part of this Agreement will not constitute a waiver of any other part or sub-part.

e) Headings for Convenience Only: Headings of parts and subparts under this Agreement are for convenience and organization, only. Headings shall not affect the meaning of any provisions of this Agreement.

f) No Agency, Partnership, or Joint Venture: No agency, partnership, or joint venture has been created between the Parties as a result of this Agreement. No Party has any authority to bind the other to third parties.

g) Force Majeure: The Company is not liable for any failure to perform due to causes beyond its reasonable control including, but not limited to, acts of God, acts of civil authorities, acts of military authorities, riots, embargoes, acts of nature and natural disasters, and other acts which may be due to unforeseen circumstances.

h) Electronic Communications Permitted:Electronic communications are permitted to both Parties under this Agreement, including e-mail or fax. For any questions or concerns, please email us at the following address: support@whiterabbitintel.com