RevenueOS Inc. — Terms of Service

Version 1.2 · Effective Date: July 8, 2026

Draft prepared for counsel review — not yet executed

Agreement; Acceptance
Definitions
The Services; Access
Experimental Methodology; Statistical Outputs
Customer Obligations; Sending Compliance
Use on Behalf of Clients
Third-Party Platforms and Integrations
AI-Assisted Content
Fees and Payment
Term; Termination; Suspension
Customer Data; Privacy; Security
Pooled Intelligence Program
Usage Data; De-Identified Data
Intellectual Property; Feedback
Confidentiality
Publicity; Use of Results in External Claims
Representations, Warranties, and Disclaimers
Indemnification
Limitation of Liability
Governing Law; Dispute Resolution
General Provisions

1. Agreement; Acceptance

1.1 Parties. These Terms of Service (these "Terms") are entered into between RevenueOS Inc., a Delaware corporation ("RevenueOS"), and the company or other legal entity accepting these Terms ("Customer"). These Terms govern Customer's access to and use of RevenueOS's outbound experimentation, measurement, and attribution platform and related services.

1.2 Acceptance; Effective Date. These Terms become a binding agreement between the parties (together with each Order Form, the DPA, and any policies expressly incorporated, the "Agreement") on the earliest of: (a) Customer's execution of an Order Form that references these Terms; (b) Customer's indication of assent to these Terms through the Services (for example, by clicking to accept); or (c) Customer's first use of the Services (such earliest date, the "Effective Date"). The individual accepting on Customer's behalf represents that they have authority to bind Customer; if they do not, they must not accept these Terms or use the Services.

1.3 Order of Precedence. If there is a conflict among the documents comprising the Agreement, the following order controls, each solely to the extent of the conflict: (a) an Order Form, but only where it expressly states that it amends these Terms; (b) the DPA, as to the processing of personal data; (c) these Terms; and (d) the Documentation.

1.4 Business Use. The Services are offered solely for business use by legal entities. The Services are not offered to, and may not be used by, individuals acting as consumers, and Customer represents that it is not a consumer with respect to the Services.

2. Definitions

Capitalized terms have the meanings set out below or where otherwise defined in the Agreement.

"Aggregated Statistics" means aggregate, differentially private statistical parameters describing the performance of Messaging Angles and related program characteristics, derived under Section 12 from outcome data across participating RevenueOS customers, from which neither Customer, its Clients, any Prospect, nor any Campaign Content can be identified.
"Campaign Content" means messaging content authored by or for Customer for use in Customer's outbound programs, including Messaging Angle hypothesis text, email copy, sequences, and subject lines.
"Client" means a customer of Customer on whose behalf Customer uses the Services under Section 6.
"Control Cohort" means Prospects randomly assigned by the Services to receive an alternative treatment, a delayed treatment, or no treatment, for the purpose of causal measurement.
"Customer Data" means data, content, and materials submitted to the Services by or for Customer, including Prospect Data and Campaign Content. Customer Data excludes Usage Data and Aggregated Statistics.
"Documentation" means RevenueOS's then-current usage guides, technical specifications, guardrail threshold schedules, and methodology descriptions for the Services, as made available by RevenueOS.
"DPA" means the RevenueOS Data Processing Addendum entered into between the parties, including its subprocessor list and, where elected, the Pooled Intelligence consent.
"Message" means an outbound communication dispatched to a Prospect through Customer's Sending Infrastructure in connection with the Services.
"Messaging Angle" means a discrete messaging strategy or hypothesis tracked by the Services as a unit of assignment, experimentation, and measurement.
"Order Form" means an ordering document or online ordering flow that references these Terms and is executed or accepted by both parties, specifying the Services, Subscription Term, fees, and any pilot or design-partner terms.
"Prospect" means an individual to whom Customer (or a Client) directs, or proposes to direct, outbound communications; "Prospect Data" means personal data relating to Prospects processed through the Services.
"Sending Infrastructure" means the mailboxes, sending domains, sequencing and delivery tools, and related accounts (including Third-Party Platforms) owned or controlled by Customer or its Clients through which Messages are sent.
"Services" means the RevenueOS platform and features specified in an Order Form, together with any Professional Services ordered, and the Documentation.
"Statistical Outputs" means the estimates, posterior probabilities, expected success rates, confidence intervals and confidence sequences, rankings, benchmarks, minimum-sample guidance, and readouts generated by the Services, including Verified Estimates and Exploratory Outputs.
"Subscription Term" means the initial term for the applicable Services stated in the Order Form, together with any renewal terms under Section 10.2.
"Third-Party Platform" means a product or service not provided by RevenueOS that Customer elects to use with the Services, including sequencers and sending tools, email service providers, CRMs, data-enrichment tools, and scheduling tools.
"Usage Data" means technical logs, telemetry, and metadata about the access, use, performance, and operation of the Services, excluding the content of Customer Data.
"Verified Estimate" means a Statistical Output that has passed the Services' pre-registered validation gate — an anytime-valid confidence interval satisfying the decision threshold configured for the applicable experiment. "Exploratory Output" means any Statistical Output that is not a Verified Estimate, including posterior estimates produced by adaptive allocation.

3. The Services; Access

3.1 Provision and Access Right. Subject to the Agreement, RevenueOS will make the Services available to Customer during each Subscription Term, and grants Customer a limited, non-exclusive, non-transferable (except under Section 21.2) right to access and use the Services during the Subscription Term for Customer's internal business purposes, including providing services to Clients as permitted by Section 6.

3.2 Description of the Services. The Services provide a measurement and proof layer for outbound sales programs. Core functions include: (a) assignment of Prospects and Messages among Messaging Angles, including randomized controlled assignment (with Control Cohorts) and adaptive allocation; (b) ingestion of engagement and outcome events from Customer's connected Sending Infrastructure and business systems; (c) computation of Statistical Outputs, including causal-effect estimates evaluated against anytime-valid confidence sequences; and (d) dashboards, experiment management, and proof readouts presenting those outputs.

3.3 Professional Services. Where specified in an Order Form, RevenueOS will provide implementation, onboarding, experiment design, and Messaging Angle authoring services performed collaboratively with Customer ("Professional Services"). Professional Services deliverables are addressed in Section 14.3.

3.4 Changes to the Services. RevenueOS may modify and improve the Services, provided the modifications do not materially decrease the core functionality of the Services purchased under an active Order Form during its Subscription Term.

3.5 Pilot and Beta Features. RevenueOS may make available features identified as pilot, beta, preview, or early access. Such features are provided "as is," may be modified or discontinued at any time, and are excluded from the warranties in Section 17.2. An Order Form may designate the engagement as a design-partner pilot and specify pilot-specific terms, including availability targets and termination rights, which control over these Terms to the extent stated.

3.6 Users. Customer is responsible for its personnel and permitted contractors who access the Services under Customer's account ("Users"), for maintaining the confidentiality of credentials and API keys, and for all activity occurring under its account. Customer will notify RevenueOS promptly of any suspected unauthorized use.

4. Experimental Methodology; Statistical Outputs

4.1 Randomized Assignment; Control Cohorts. Customer acknowledges and agrees that the Services operate by experimentation: the Services allocate Messages and Prospects among Messaging Angles using randomization, which includes assigning Prospects to Control Cohorts from which a given Messaging Angle or treatment is deliberately withheld, and shifting send volume among Messaging Angles through adaptive allocation. Customer instructs and authorizes this assignment methodology, including holdout assignment, as part of its use of the Services, and will ensure that its (and its Clients') use of experimentation is consistent with its own obligations and commitments.

4.2 Nature of Statistical Outputs. Statistical Outputs are probabilistic estimates computed from Customer's program data (and, where Customer participates under Section 12, informed by Aggregated Statistics used as priors). They are subject to sampling error, temporal drift, ingestion latency, event misattribution, and the accuracy and completeness of data supplied by Customer and Third-Party Platforms. Expected success rates presented by the Services are posterior estimates — not observed rates, forecasts, or commitments.

4.3 Verified Estimates and Exploratory Outputs. The Services distinguish Verified Estimates from Exploratory Outputs, and only Verified Estimates have passed the Services' validation gate. Exploratory Outputs, including adaptive-allocation posteriors, are directional signals for optimization and must not be represented — by Customer, its Clients, or anyone acting on their behalf — as verified causal findings. Customer's external use of Statistical Outputs is further governed by Section 16.2.

4.4 Statistical Power; No Significance Commitment. The ability of the Services to produce a Verified Estimate for any comparison depends on factors within Customer's control or outside either party's control, including send volume, base response rates, the outcome tier measured, effect size, and experiment configuration. The Documentation includes minimum-sample guidance. RevenueOS does not represent or warrant that any experiment will reach statistical significance, produce a Verified Estimate, or do so within any period, including within a Subscription Term.

4.5 No Outcome Guarantee. The Services measure the effects of Customer's outbound programs; they do not perform them and do not guarantee their results. RevenueOS makes no representation or warranty as to deliverability or inbox placement, reply or positive-reply rates, meetings booked, opportunities, pipeline, revenue, or any other business outcome. Fees are structured independently of measured results as described in Section 9.2.

4.6 Not Professional Advice. Statistical Outputs are provided for informational purposes. They are not legal, financial, accounting, or other professional advice, and Customer is solely responsible for decisions made in reliance on them.

5. Customer Obligations; Sending Compliance

5.1 General. Customer will use the Services in accordance with the Agreement, the Documentation, and applicable law, and is responsible for the accuracy, quality, and lawful provenance of Customer Data and for maintaining its Sending Infrastructure in a lawful and properly configured state.

5.2 Customer as Sender. Messages are composed under Customer's direction and are dispatched through Customer's (or its Clients') Sending Infrastructure. As between the parties, Customer is the sender and initiator of all Messages for purposes of applicable messaging laws, and the controller (or the processor acting on its Clients' behalf) of Prospect Data as allocated in the DPA. RevenueOS assigns, orchestrates, and measures; it is not the sender of Customer's Messages.

5.3 Compliance with Messaging and Privacy Laws. Customer is solely responsible for ensuring that its and its Clients' outbound programs comply with all applicable laws governing electronic communications, telemarketing, and data protection, including as applicable the U.S. CAN-SPAM Act and state analogues, the EU and UK General Data Protection Regulations, the ePrivacy Directive and national implementations (including PECR), Canada's Anti-Spam Legislation (CASL), and Australia's Spam Act. Without limiting the foregoing, Customer will:

(a) establish and document a lawful basis (or required consent) for processing each Prospect's personal data and for contacting each Prospect in the relevant jurisdiction;
(b) ensure sender identification, header information, and subject lines are accurate and not misleading, and include all legally required disclosures, including a valid physical postal address where required;
(c) provide a functioning opt-out mechanism in each Message where required, honor opt-outs within the shortest legally required window, and maintain suppression consistently across the Services and all Sending Infrastructure;
(d) refrain from using contact lists purchased, harvested, or scraped without a lawful basis, or obtained in violation of the terms of the source; and
(e) maintain records sufficient to demonstrate the compliance described in this Section 5.3.

5.4 Deliverability Guardrails Are Assistive Only. The Services include configurable deliverability guardrails — for example, volume ramps and bounce- and complaint-rate thresholds described in the Documentation — that may automatically throttle or pause dispatch. Guardrails are operational aids. They are not a legal compliance mechanism, and RevenueOS makes no representation that use of the Services or its guardrails will ensure compliance with law, mailbox-provider policies, or inbox placement.

5.5 Prohibited Uses. Customer will not, and will not permit any User or Client to: (a) use the Services to send unlawful, deceptive, or fraudulent communications, or content that is defamatory, infringing, or malicious (including malware or phishing); (b) circumvent or disable guardrails, security controls, tenant isolation, or usage limits; (c) probe, scan, or test the vulnerability of the Services except with RevenueOS's prior written consent; (d) access the Services to build a competing product or service, or copy any feature or non-public methodology of the Services for competitive purposes; (e) resell or provide the Services to third parties except to Clients as permitted by Section 6; (f) publicly disseminate performance benchmarks of the Services without RevenueOS's prior written consent; or (g) use the Services in violation of Section 5.3.

5.6 Abuse Cooperation. Customer will cooperate promptly and in good faith with RevenueOS regarding complaints, mailbox-provider escalations, and abuse reports relating to Customer's or its Clients' Messages.

6. Use on Behalf of Clients

6.1 Permitted Client Use. Customer may use the Services to operate outbound programs on behalf of its Clients, provided that: (a) Customer has obtained all rights, authorizations, and consents from each Client necessary for such use, including authority to process the Client's Prospect Data and to connect the Client's systems and Sending Infrastructure to the Services; (b) Customer imposes on each Client restrictions and obligations no less protective of RevenueOS than those in the Agreement; and (c) Customer remains fully responsible and liable for each Client's programs and for all acts and omissions of Clients in connection with the Services, as if they were Customer's own.

6.2 No Client Relationship. The Agreement creates rights and obligations only between RevenueOS and Customer. Clients are not third-party beneficiaries, RevenueOS has no obligation or liability to any Client, and any claim relating to a Client's program must be brought, if at all, by Customer.

6.3 Client Data Configuration. Where the Services support the separation of Client programs and data, Customer is responsible for configuring that separation appropriately, and any cross-Client configuration is Customer's documented instruction.

7. Third-Party Platforms and Integrations

7.1 Customer's Accounts. The Services interoperate with Third-Party Platforms through Customer's own accounts and credentials. Customer's use of each Third-Party Platform is governed solely by Customer's agreement with its provider, and Customer authorizes RevenueOS to access and exchange data with each connected Third-Party Platform on Customer's behalf as Customer's documented instruction.

7.2 No Responsibility for Third-Party Platforms. RevenueOS is not responsible for Third-Party Platforms, including their availability, security, data accuracy, rate limits, API behavior, or acts or omissions of their providers. Statistical Outputs depend in part on event data supplied by Third-Party Platforms, and RevenueOS is not liable for inaccuracies attributable to that data.

7.3 Integration Changes. If a Third-Party Platform materially changes or withdraws an interface on which an integration depends, RevenueOS may modify or discontinue the affected integration and will use commercially reasonable efforts to provide a substantially similar alternative. If a discontinued integration is material to Customer's ordered use and no reasonable alternative is made available within thirty (30) days, Customer may terminate the affected Order Form on written notice and receive a pro-rata refund of prepaid, unused fees for the terminated remainder of the Subscription Term, as Customer's exclusive remedy.

8. AI-Assisted Content

8.1 Generation. The Services may generate draft Campaign Content and related suggestions using machine-learning models, including large language models operated by third-party providers identified in the DPA's subprocessor list.

8.2 Human Review Required. AI-generated content is a draft. Customer will review, and is solely responsible for, all AI-generated content before it is sent to any Prospect or otherwise used, including its accuracy, legality, and suitability. RevenueOS does not warrant that AI-generated content is accurate, original, or non-infringing, and similar outputs may be generated for other users.

8.3 Rights in Generated Content. As between the parties and to the extent permitted by law and by the applicable model provider's terms, RevenueOS assigns to Customer its right, title, and interest in AI-generated Campaign Content delivered to Customer through the Services.

9. Fees and Payment

9.1 Fees; Invoicing. Customer will pay the fees stated in each Order Form. Unless the Order Form states otherwise, fees are invoiced in advance for each billing period, are payable in U.S. dollars within 30 days of the invoice date, and may be collected by card or bank transfer through RevenueOS's payment processor.

9.2 Fees Are Independent of Measured Results. Fees are fixed subscription and service fees. No fee under the Agreement is calculated as a percentage of, or made contingent on, lift, effects, or outcomes measured by the Services. This structure preserves the independence of the Services' measurements.

9.3 Late Payment. Amounts not paid when due may accrue interest at 1.5% per month or the highest rate permitted by law, whichever is lower, plus reasonable costs of collection. RevenueOS may suspend the Services for non-payment as described in Section 10.4.

9.4 Taxes. Fees are exclusive of taxes. Customer is responsible for all sales, use, VAT, GST, and similar taxes arising from its purchases, excluding taxes on RevenueOS's net income. Taxes will be invoiced where RevenueOS is required to collect them.

9.5 Fee Disputes. Customer may dispute an invoiced amount in good faith by notifying RevenueOS in writing within thirty (30) days of the invoice date with reasonable detail; the parties will work in good faith to resolve the dispute, and Customer will timely pay all undisputed amounts.

9.6 No Refunds. Except as expressly provided in the Agreement, fees are non-refundable and purchase commitments are non-cancellable.

10. Term; Termination; Suspension

10.1 Term. These Terms commence on the Effective Date and continue while any Order Form is in effect. Each Subscription Term is as stated in the applicable Order Form.

10.2 Renewal. Unless the Order Form states otherwise, each Subscription Term automatically renews for successive periods equal in length to the initial Subscription Term, unless either party gives written notice of non-renewal at least 30 days before the end of the then-current Subscription Term.

10.3 Termination for Cause. Either party may terminate the Agreement or an affected Order Form on written notice if the other party materially breaches the Agreement and fails to cure within thirty (30) days of notice describing the breach (ten (10) days for Customer breaches of Section 5.3 or 5.5), or immediately upon the other party's insolvency, assignment for the benefit of creditors, or comparable proceeding not dismissed within sixty (60) days.

10.4 Suspension. RevenueOS may suspend the Services, in whole or in relevant part, immediately and with notice where practicable, if: (a) there is a security threat to the Services or other customers; (b) Customer's or a Client's use presents a material legal or deliverability risk, including sending activity that RevenueOS reasonably believes violates Section 5.3 or exceeds the guardrail thresholds in the Documentation; (c) Customer breaches Section 5.5; or (d) undisputed fees are more than fifteen (15) days overdue after notice. RevenueOS will limit suspension in scope and duration to what is reasonably necessary and will restore the Services promptly after the cause is resolved.

10.5 Effect of Termination; Data Export. Upon expiration or termination, Customer's access rights end and Customer will pay all fees accrued through the effective date (and, if RevenueOS terminates for Customer's uncured material breach, the remainder of committed fees for the Subscription Term). For thirty (30) days following termination, RevenueOS will make Customer Data available for export in a commonly used format on request, after which RevenueOS will delete Customer Data in accordance with the DPA, except for (a) copies in routine backups pending scheduled destruction, (b) data retained to comply with law, and (c) Aggregated Statistics and de-identified data as described in Sections 12.5 and 13.

10.6 Survival. Sections 1.3, 2, 4.2–4.6, 5.3 (as to prior sending), 6.2, 9 (as to accrued amounts), 10.5, 10.6, 11.1 (license, as needed for 10.5), 12.4–12.5, 13, 14, 15, 16.2, 17.4, 18, 19, 20, and 21 survive termination.

10.7 Pilot Termination. If an Order Form designates a design-partner pilot with a termination-for-convenience right, either party may terminate that Order Form as stated there, and Sections 10.5 and 10.6 apply.

11. Customer Data; Privacy; Security

11.1 Ownership; License. As between the parties, Customer owns Customer Data. Customer grants RevenueOS a non-exclusive, worldwide license to host, process, transmit, display, and otherwise use Customer Data as necessary to provide, secure, and support the Services, to comply with law, and as otherwise permitted by the Agreement, including Sections 12 and 13.

11.2 Data Processing Addendum. The DPA is incorporated into the Agreement and governs the processing of personal data within Customer Data, including processing roles, subprocessors (currently including identity, database, payments, email-event processing, application hosting, AI-inference, and caching vendors, as listed in the DPA), international transfers, and deletion. In the event of conflict regarding personal data, the DPA controls.

11.3 Security. RevenueOS maintains commercially reasonable administrative, technical, and organizational safeguards designed to protect Customer Data, as described in the DPA and RevenueOS's then-current Security Overview, including encryption of data in transit and at rest, logical tenant isolation enforced at the database layer, role-based access controls, and cryptographically signed audit logging of privileged operations. RevenueOS will notify Customer of a personal-data breach affecting Customer Data without undue delay, as further described in the DPA.

11.4 Data Subject Requests. The Services include mechanisms to assist with data-subject requests concerning Prospect Data, and RevenueOS will provide the assistance described in the DPA. As the controller of Prospect Data (or processor acting for its Clients), Customer is responsible for responding to data subjects within statutory deadlines, including the one-month response window under the GDPR where applicable.

11.5 No Sale of Personal Data. RevenueOS does not sell or share personal data within Customer Data as "sale" and "share" are defined under applicable U.S. state privacy laws.

12. Pooled Intelligence Program

12.1 Program. The Pooled Intelligence Program is RevenueOS's optional cross-customer statistics program. If and only if Customer opts in — through the Order Form or the consent mechanism in the DPA — RevenueOS may compute Aggregated Statistics from Customer's outcome data together with that of other participating customers.

12.2 Protections. Aggregated Statistics are computed subject to the following protections: (a) no Prospect personal data, no Campaign Content in verbatim form, and no information identifying Customer or its Clients is disclosed to any other customer; (b) statistics are computed only across cohorts comprising a minimum number of distinct participating customers, and in no event fewer than five; and (c) calibrated statistical noise (differential privacy) is applied as described in the Documentation and DPA.

12.3 Uses. RevenueOS may use Aggregated Statistics to provide informed starting priors for participating customers' experiments, to provide anonymized cross-customer benchmarks, and to develop and improve the statistical models underlying the Services.

12.4 Withdrawal. Customer may withdraw from the Program at any time as described in the DPA, effective prospectively: RevenueOS will cease deriving new Aggregated Statistics from Customer's data. Customer acknowledges that Aggregated Statistics already computed are aggregate, noise-protected parameters from which Customer's contribution cannot be isolated or extracted, and such previously computed Aggregated Statistics may continue to be used as described in Section 12.3.

12.5 Ownership; Survival. Aggregated Statistics are RevenueOS's property. Sections 12.2 through 12.5 survive termination with respect to Aggregated Statistics computed before the effective date of termination or withdrawal.

13. Usage Data; De-Identified Data

13.1 Usage Data. RevenueOS may collect and use Usage Data to operate, secure, support, and improve the Services, to enforce the Agreement, and for analytics regarding the Services.

13.2 De-Identified Data. RevenueOS may create and retain de-identified and aggregated data derived from Customer Data or Usage Data, provided such data does not identify Customer, any Client, or any individual, and RevenueOS will not attempt to re-identify it.

14. Intellectual Property; Feedback

14.1 RevenueOS Ownership. RevenueOS and its licensors retain all right, title, and interest in and to the Services, the underlying software, statistical methodologies and models, the Documentation, Usage Data, de-identified data under Section 13.2, and Aggregated Statistics, including all improvements and derivatives. No rights are granted except as expressly stated in the Agreement.

14.2 Customer Ownership. Customer retains all right, title, and interest in and to Customer Data and Campaign Content, subject to the licenses granted in the Agreement.

14.3 Professional Services Deliverables. Upon payment, Customer owns campaign-specific deliverables created for Customer in the course of Professional Services, including Messaging Angles authored for Customer's programs. RevenueOS retains ownership of its pre-existing materials, templates, methodologies, and generalized know-how, including skills and learnings of general application acquired in performing Professional Services, and may use them without restriction, provided RevenueOS does not disclose Customer's Confidential Information.

14.4 Feedback. If Customer provides suggestions or feedback regarding the Services, RevenueOS may use it without restriction or obligation, and Customer grants RevenueOS a perpetual, irrevocable, worldwide, royalty-free license to do so.

15. Confidentiality

15.1 Definition. "Confidential Information" means non-public information disclosed by a party ("Discloser") to the other ("Recipient") that is designated confidential or that reasonably should be understood to be confidential given its nature and the circumstances of disclosure. RevenueOS's Confidential Information includes the Services, Documentation, methodology details, and security information; Customer's Confidential Information includes Customer Data and Customer-specific Statistical Outputs; Confidential Information of both parties includes the terms of each Order Form.

15.2 Exclusions. Confidential Information does not include information that: (a) is or becomes public through no fault of the Recipient; (b) was known to the Recipient without restriction before disclosure; (c) is received from a third party without breach of an obligation of confidentiality; or (d) is independently developed without use of the Discloser's Confidential Information.

15.3 Obligations. The Recipient will: (a) use the Discloser's Confidential Information only to exercise rights and perform obligations under the Agreement; (b) protect it using at least the degree of care it uses for its own similar information, and no less than reasonable care; and (c) limit access to personnel, advisors, and subcontractors who need it for the Agreement and are bound by obligations at least as protective. These obligations continue for three (3) years after termination, and for trade secrets, for as long as the information remains a trade secret.

15.4 Compelled Disclosure. The Recipient may disclose Confidential Information to the extent required by law or legal process, provided it gives the Discloser prompt notice where legally permitted and reasonable cooperation to seek protective treatment.

15.5 Equitable Relief; Return. Unauthorized use or disclosure of Confidential Information may cause irreparable harm for which damages are inadequate, and the Discloser is entitled to seek injunctive relief in addition to other remedies. Upon request, the Recipient will return or destroy the Discloser's Confidential Information, except copies in routine backups or retained as required by law, which remain protected under this Section 15.

16. Publicity; Use of Results in External Claims

16.1 Publicity. Neither party will use the other's name, logo, or trademarks without prior written consent, except that an Order Form may grant specific rights, including design-partner case-study and logo rights.

16.2 External Claims Based on Statistical Outputs. If Customer or a Client publishes, or makes advertising or marketing claims based on, Statistical Outputs: (a) Customer is solely responsible for the substantiation, accuracy, and legal compliance of those claims under applicable advertising and consumer-protection law, including the FTC Act and equivalent regimes; (b) Customer will not present Exploratory Outputs as verified causal results, will not overstate the certainty or scope of any Verified Estimate, and will not attribute to RevenueOS or the Services any conclusion the Services did not produce; and (c) Customer will retain the underlying readouts sufficient to substantiate the claim. RevenueOS may require prompt correction or withdrawal of any public claim that misattributes results to RevenueOS or misrepresents the Services' methodology.

17. Representations, Warranties, and Disclaimers

17.1 Mutual. Each party represents and warrants that it is validly existing and has the authority to enter into the Agreement, and that its performance will not conflict with any other agreement by which it is bound.

17.2 RevenueOS Warranties. RevenueOS warrants that: (a) the Services, as provided under a paid Order Form, will perform materially in accordance with the Documentation; and (b) Professional Services will be performed in a professional and workmanlike manner. Customer's exclusive remedy and RevenueOS's entire liability for breach of this Section 17.2 is that RevenueOS will use commercially reasonable efforts to repair the non-conformity or re-perform the deficient Professional Services and, if RevenueOS cannot do so within thirty (30) days of notice, Customer may terminate the affected Order Form and receive a pro-rata refund of prepaid, unused fees for the terminated remainder of the Subscription Term.

17.3 Customer Warranties. Customer represents and warrants that: (a) it has all rights necessary to provide Customer Data for processing as contemplated by the Agreement; (b) its Sending Infrastructure is owned or lawfully controlled by Customer or its Clients and lawfully operated; and (c) its and its Clients' outbound programs comply and will comply with Section 5.3.

17.4 Disclaimer. EXCEPT AS EXPRESSLY STATED IN SECTION 17.2, THE SERVICES, DOCUMENTATION, STATISTICAL OUTPUTS, AI-GENERATED CONTENT, AND ALL PILOT AND BETA FEATURES ARE PROVIDED "AS IS" AND "AS AVAILABLE." REVENUEOS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WITHOUT LIMITING THE FOREGOING, REVENUEOS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE; THAT ANY EXPERIMENT WILL REACH STATISTICAL SIGNIFICANCE OR PRODUCE A VERIFIED ESTIMATE; THAT ANY PARTICULAR DELIVERABILITY, RESPONSE, PIPELINE, OR REVENUE RESULT WILL BE ACHIEVED; OR AS TO ANY THIRD-PARTY PLATFORM. NO AVAILABILITY COMMITMENT APPLIES UNLESS EXPRESSLY STATED IN AN ORDER FORM.

18. Indemnification

18.1 By RevenueOS. RevenueOS will defend Customer against any third-party claim alleging that the Services, as provided by RevenueOS and used in accordance with the Agreement, infringe that third party's patent, copyright, or trademark, or misappropriate its trade secret, and will indemnify Customer for damages and reasonable attorneys' fees finally awarded against Customer (or agreed in settlement) for such claim. If such a claim arises or is likely, RevenueOS may, at its option: (a) procure the right for Customer to continue using the Services; (b) modify or replace the Services to be non-infringing without material loss of functionality; or (c) terminate the affected Order Form and refund prepaid, unused fees. RevenueOS has no obligation for claims arising from: Customer Data or Campaign Content; Third-Party Platforms; combination of the Services with items not provided by RevenueOS, where the claim would not arise but for the combination; modifications not made by RevenueOS; or use in violation of the Agreement. This Section 18.1 states Customer's exclusive remedy for third-party infringement claims.

18.2 By Customer. Customer will defend RevenueOS against any third-party claim (including claims, complaints, or enforcement actions by regulators, mailbox providers, Prospects, or Clients) arising from: (a) Customer Data or Prospect Data, including the absence of a lawful basis or required consent; (b) Messages and Customer's or its Clients' sending practices, including any alleged violation of the laws described in Section 5.3; (c) advertising or other external claims made by Customer or a Client in violation of Section 16.2; (d) Customer's use of the Services on behalf of Clients, including any Client dispute; or (e) Customer's breach of Section 5.5 — and will indemnify RevenueOS for damages, penalties, and reasonable attorneys' fees finally awarded (or agreed in settlement) for such claim.

18.3 Procedure. The indemnified party must give prompt written notice of the claim (except that delayed notice relieves the indemnifying party only to the extent it is prejudiced), grant the indemnifying party sole control of the defense and settlement, and provide reasonable cooperation at the indemnifying party's expense. The indemnifying party may not settle a claim in a manner that imposes liability or admission on the indemnified party without its prior written consent, not to be unreasonably withheld. The indemnified party may participate with its own counsel at its own expense.

19. Limitation of Liability

19.1 Exclusion of Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE AGREEMENT, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

19.2 General Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE FEES PAID AND PAYABLE BY CUSTOMER UNDER THE AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY.

19.3 Enhanced Cap. NOTWITHSTANDING SECTION 19.2, FOR LIABILITY ARISING FROM A PARTY'S BREACH OF SECTION 15 (CONFIDENTIALITY) OR FROM REVENUEOS'S BREACH OF ITS DATA-PROTECTION AND SECURITY OBLIGATIONS UNDER SECTION 11 AND THE DPA, THE TOTAL AGGREGATE LIABILITY CAP IS INSTEAD TWO TIMES (2×) THE AMOUNT DESCRIBED IN SECTION 19.2.

19.4 Exceptions. NOTHING IN THIS SECTION 19 LIMITS: (A) CUSTOMER'S OBLIGATION TO PAY FEES DUE; (B) CUSTOMER'S INDEMNIFICATION OBLIGATIONS UNDER SECTIONS 18.2(a) THROUGH 18.2(c); (C) A PARTY'S LIABILITY FOR ITS FRAUD, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT; OR (D) ANY LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

19.5 Allocation of Risk. The parties agree that this Section 19 reflects a reasonable allocation of risk reflected in the fees, and applies notwithstanding the failure of essential purpose of any limited remedy.

20. Governing Law; Dispute Resolution

20.1 Governing Law. The Agreement is governed by the laws of the State of Delaware, excluding its conflict-of-laws rules. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

20.2 Escalation. Before filing any action (other than one seeking equitable relief or relating to unpaid fees), the parties will attempt in good faith to resolve the dispute through negotiation between executives with settlement authority for at least thirty (30) days following written notice of the dispute.

20.3 Venue; Jury Waiver. Subject to Section 20.2, the state and federal courts located in Wilmington, Delaware have exclusive jurisdiction over any dispute arising out of or relating to the Agreement, and each party consents to personal jurisdiction and venue there. EACH PARTY IRREVOCABLY WAIVES ANY RIGHT TO A JURY TRIAL IN ANY SUCH DISPUTE. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property or Confidential Information.

21. General Provisions

21.1 Notices. Legal notices must be in writing and delivered by email with confirmation of receipt or by courier: to RevenueOS at legal@revenueos.app and RevenueOS Inc., [registered / notice address]; and to Customer at the email and address on the Order Form or account. Notices are effective upon receipt. Operational notices may be provided through the Services.

21.2 Assignment. Neither party may assign the Agreement without the other party's prior written consent, not to be unreasonably withheld, except that either party may assign the Agreement in its entirety, on notice, to an affiliate or in connection with a merger, acquisition, or sale of all or substantially all of its assets, provided the assignee is not a direct competitor of the non-assigning party and assumes the Agreement. Any other purported assignment is void.

21.3 Subcontractors. RevenueOS may use subcontractors and service providers (including the subprocessors listed in the DPA) in providing the Services, and remains responsible for their performance and for its obligations under the Agreement.

21.4 Independent Contractors; No Third-Party Beneficiaries. The parties are independent contractors. The Agreement does not create a partnership, joint venture, or agency. There are no third-party beneficiaries to the Agreement.

21.5 Force Majeure. Neither party is liable for delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including natural disasters, acts of government, war or terrorism, labor disputes, internet or utility failures, and denial-of-service or similar attacks, provided the affected party uses reasonable efforts to mitigate and resume performance.

21.6 Export; Sanctions. Each party will comply with applicable export control and sanctions laws. Customer represents that it is not located in, and will not use the Services in or for the benefit of, a comprehensively sanctioned jurisdiction or a sanctioned party.

21.7 Amendments to These Terms. RevenueOS may update these Terms by posting a revised version and providing at least thirty (30) days' notice. For Order Forms in effect on the notice date, the update takes effect at the start of the next renewal Subscription Term, except that changes required by law or that do not materially reduce Customer's rights may take effect as stated in the notice. Continued use of the Services after an update takes effect constitutes acceptance. No other amendment is effective unless in a writing signed by both parties or in an executed Order Form.

21.8 Severability; Waiver; Interpretation. If any provision is held unenforceable, it will be modified to the minimum extent necessary and the remainder will remain in effect. A waiver is effective only if in writing and does not waive any later breach. Headings are for convenience; "including" means "including without limitation."

21.9 Entire Agreement. The Agreement is the parties' entire agreement regarding its subject matter and supersedes all prior and contemporaneous understandings. Terms in a Customer purchase order or similar document are void and of no effect, even if referenced in an Order Form or invoice. The Agreement may be executed and accepted electronically, including in counterparts.

— End of Terms of Service —

RevenueOS Inc. · Version 1.2 · Last updated July 8, 2026