Braze

" 2.1 DATA COLLECTION The Personal Data that Braze collects will be determined by your interaction with Braze, our partners, Braze publications and other sources. How and where do we collect data? Braze collects Personal Data from prospects, customers, participants at our trainings, certifications and events, business partners and vendors (if they are natural persons), their respective employees, advisors, and/or consultants, along with the data of whomever our customers have authorized to use free and/or paid versions of Braze's services under a main subscription agreement or equivalent (the “Services” ) on their behalf (collectively, “Individuals” ), who: Visit www.braze.com , Braze Bonfire and other websites owned and/or operated by Braze (collectively, the “Websites” ); Visit our offices; Receive/send communications from/to us, including via mail, email, phone call, Slack, chat features of our Websites, support tickets, SMS, MMS or other digital messages; Use our Services as an authorized user (for example, an employee of one of our customers who has been given a login to access our Services) ( "Dashboard User" ); Register for, attend and/or otherwise take part in our events, webinars, contests, trainings and certification courses; Download or otherwise engage with Braze content and publications, such as viewing our videos, reading content on our Websites, or interacting with our chat bot; Submit requests for an action, support or information; Participate in meetings or events; Engage with our resellers or partners; Work at partners or suppliers of Braze and interact with our company in the course of doing business or contemplating doing business with us; or Otherwise directly interact with Braze. "

" 6.3 THE SALE AND SHARING OF PERSONAL INFORMATION Like many companies, Braze uses services that employ cookies and other technologies to collect Personal Information (including the identifiers and internet activity information described in the table above) about your use of our Websites and other online services over time, which helps us to deliver behavioral advertising. In addition, we may provide your contact details to our marketing or advertising vendors for the placement of behavioral advertising. Our use of some of these services constitutes the “sale” or “sharing” of Personal Information as defined under the CCPA. You may opt-out of such sales or sharing by clicking on the "Do Not Sell or Share my Personal Information" link in the footer of our Websites and following the instructions therein. You can also opt-out of advertising cookies by visiting our Cookie Consent Manager . You can also opt out of advertising cookies by enabling Global Privacy Control ( “GPC” ) in your web browser or browser extension, which we recognize to the extent required by applicable law. Enabling GPC will automatically set your cookie settings to opt out of the sharing of Personal Information for behavioral advertising. If you choose to use GPC, you will need to turn it on for each supported browser or browser extension you use. Other than GPC, we do not recognize any “do not track” signals. You can opt out of other types of behavioral advertising that are not associated with cookies by visiting our Marketing Communications Preference Center. "

" Braze collects Personal Data from a variety of sources, such as from: The Individual who is the subject of such Personal Data, including in their use of the Websites and the Services; Publicly available sources, such as an individual’s social media account, online communities, forums, blogs or chat rooms; Our business partners;"

" 2.2 PURPOSES OF PROCESSING Braze collects Personal Data for several purposes, including: Enabling us to understand and engage with those who are interested in learning about our products, services, content, and company-related initiatives; Ensuring the security of our Websites and Services by tracking use of our Websites and Services, enforcing our terms and policies, investigating and preventing fraudulent, suspicious or illegal activities, and preventing unauthorized access to the Services; Providing, operating, and maintaining the Services, including troubleshooting any technical issue or bug, billing and account management purposes; Responding to requests for action, support or information; Complying with our contractual obligation to provide technical and customer success support; Registering office visitors to maintain the security of our offices and to ensure the confidentiality of our business activities; Analyzing the use of and data within the Services and Websites for trend monitoring, marketing, advertising, business development, improvements, security, and ensuring the proper functioning of such Services and Websites; Marketing purposes; Sending marketing communications about us and our affiliates and partners, including information about our products, promotions or events via email and other channels; Facilitating personalized advertising campaigns;"

" Braze affiliates. What type of data do we collect? Personal Data that we may collect includes, but is not limited to: Name and job title; Contact information such as email address, business phone number, and business address; Industry; Employer; Marketing subscription status; Audio and video recordings and notes from meetings; Event attendance and preferences associated with in-person event attendance, such as dietary requirements; Trainings and certifications; Downloads or engagement with Braze reports and other publications; Communications that we exchange with you, including when you contact us with questions or feedback, through the support portal, email, calls to our support team, our chat features, social media, survey participation, or otherwise; Profile picture; Certain information in connection with the use of the Websites by visitors and the Services by Dashboard Users, and information about your interaction with other relevant third-party pages displaying Braze content, which may include: Device Data: information may include IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, and operating system and system configuration information; and Usage and Log Data: information about Dashboard Users' or website visitors' activity on the Websites and Services, including but not limited to the pages and files viewed, actions taken, conversations through our chat features, searches, account configuration information, date/time stamps associated with usage, log files and metadata containing, associated with or referencing Dashboard Users' data."

" 3.1 Fees. Customer shall pay all fees specified in all Order Forms hereunder. Except as otherwise specified herein or in an Order Form, (i) fees are based on the Services subscription(s) purchased and not actual usage; (ii) payment obligations are non-cancelable; (iii) fees paid are non-refundable, except pursuant to Section 9.4 (Termination for Cause); and (iv) the subscription entitlement(s) purchased cannot be decreased during the relevant Subscription Term. 3.2 Invoicing and Payment. Except as otherwise provided, all fees are quoted and payable in United States dollars. Fees for Services will be invoiced electronically: (i) in advance, and (ii) monthly in arrears for excess usage, if applicable, and in both cases, in accordance with the applicable Order Form. Customer is responsible for maintaining complete and accurate billing and contact information. 3.3 Overdue Payments. Braze may impose late fees as contemplated in each Order Form. If Customer’s account is 30 days or more overdue, Braze may, in addition to any of its other rights or remedies, upon written notice, suspend Customer’s access to the Services and provision of any associated services until such amounts are paid in full. If Customer’s account is 60 days or more overdue, with prior written notice, Braze may terminate this Agreement and any or all outstanding Order Forms and Customer shall not be entitled to a refund of any prepaid fees, but shall remain obligated to pay unpaid fees owed, even if not yet invoiced, including any overages to entitlements, all as set forth on Customer's Order Forms. "

" 8.1 Limitation of Liability. TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY’S LIABILITY WITH RESPECT TO ANY SINGLE INCIDENT ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL EXCEED THE AMOUNT PAID OR PAYABLE BY CUSTOMER HEREUNDER IN RESPECT OF THE TWELVE-MONTH TERM IN WHICH THE INCIDENT GIVING RISE TO LIABILITY OCCURRED, PROVIDED THAT IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER. THE ABOVE LIMITATIONS WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS HEREUNDER. 8.2 Exclusion of Indirect Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO THE OTHER PARTY FOR ANY LOST PROFITS OR BUSINESS OPPORTUNITIES, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL OR COVER DAMAGES OF ANY KIND OR NATURE HOWEVER CAUSED AND, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW."

" 7.4 Exclusive Remedy. This “Mutual Indemnification” section states the indemnifying party’s sole liability to, and the indemnified party’s exclusive remedy against, the other party for any type of Claim described in this Section."

" Some of the information described above is collected through our Websites and our Services using logs, cookies and/or other tracking technologies. To read more about the cookies and tracking technologies we use, please visit our Cookie Policy . You can manage your cookie consent preferences by visiting our Cookie Consent Manager . We also use session replay technology provided by third-party vendors to record the interactions and Personal Data of Dashboard Users and visitors to certain Websites, such as our learning management system. We and such third-party vendors may use information from these recordings, which may include the Usage and Log Data detailed above. Personal Data within these recordings may be processed for the purposes outlined in Section 2.2 (Purposes of Processing). Such recordings do not include Personal Data for which Braze is a Data Processor. We also collect and process technical logs containing metadata and log files of information submitted to and used within the Services, which may contain personal data of end users, for analytical, security and troubleshooting purposes as further described in Section 2.2 (Purposes of Processing)."

" Carrying out internal training and research; Sending messages to Dashboard Users about technical alerts, updates, security notifications, and educational, administrative or transactional communications; and Complying and assisting with legal obligations, judicial proceedings, court orders and legal processes, pursuing remedies available to us and limiting our damages, responding to lawful requests and pursuing internal investigations. Where we need to collect and process Personal Data by law, or under a contract we have entered into with you, and you fail to provide the required Personal Data when requested, we may not be able to comply with our legal obligations or perform our contract with you. If you provide us with Personal Data relating to another person, you confirm that you have informed them of our identity, the purposes (as set out above) for which their Personal Data will be used, and that you have obtained their consent prior to sharing their Personal Data with us."

" 4.5 CHAT TECHNOLOGIES We use chat technologies provided by third-party vendors that employ cookies and software code to operate the chat features you can use to communicate with us through our Websites. We and such third-party vendors may monitor, record and use information from your interactions with our Websites. This information includes details you have shared through online chats, data on sections of the Website you have visited, your IP address and your general geographic information (e.g., city, state). This Personal Data may be processed for the purposes outlined in Section 2.2 (Purposes of Processing)."

" PART V. LEGAL BASIS FOR PROCESSING PERSONAL DATA If you are from a region that requires us to have a legal basis for processing your Personal Data, our legal basis for collecting and using the Personal Data described above will depend on the Personal Data concerned and the specific context in which we collect it. However, we will normally collect Personal Data from you only where we have your consent to do so, where we need the Personal Data to perform a contract with you, or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms. In some cases, we may also have a legal obligation to collect Personal Data from you or may otherwise need the Personal Data to protect your vital interests or those of another person."

" 2.2 PURPOSES OF PROCESSING Braze collects Personal Data for several purposes, including: Enabling us to understand and engage with those who are interested in learning about our products, services, content, Braze careers and company-related initiatives; Ensuring the security of our Websites and Services by tracking use of our Websites and Services, enforcing our terms and policies, investigating and preventing fraudulent, suspicious or illegal activities, and preventing unauthorized access to the Services; Providing, operating, and maintaining the Services, including troubleshooting any technical issue or bug, billing and account management purposes; Responding to requests for action, support or information; Complying with our contractual obligation to provide technical and customer success support; Registering office visitors to maintain the security of our offices and to ensure the confidentiality of our business activities; Analyzing the use of and data within the Services and Websites for trend monitoring, marketing, advertising, business development, improvements, security, and ensuring the proper functioning of such Services and Websites; Marketing purposes; Sending marketing communications about us and our affiliates and partners, including information about our products, promotions, career opportunities or events via email and other channels; Facilitating personalized advertising campaigns; Promoting our products, promotions, career opportunities or events on internal and external platforms, including social media;"

" 2.1 DATA COLLECTION The Personal Data that Braze collects or receives will be determined by your interaction with Braze, our partners, Braze publications and other sources. How and where do we collect data? Braze collects and receives Personal Data from prospects, customers, participants at our trainings, certifications and events, business partners and vendors (if they are natural persons), their respective employees, advisors, and/or consultants, along with the data of whomever our customers have authorized to use free and/or paid versions of Braze's services under a main subscription agreement or equivalent (the “Services” ) on their behalf (collectively, “Individuals” ), who: Visit www.braze.com , Braze Bonfire , the Braze Support Portal and other websites owned and/or operated by Braze (collectively, the “Websites” ); Visit our offices; Receive/send communications from/to us, including via mail, email, phone call, Slack, chat features on our Websites, support tickets, SMS, MMS or other digital messages; Use our Services as an authorized user (for example, an employee of one of our customers who has been given a login to access our Services) ( "Dashboard User" ); Register for, attend and/or otherwise take part in our events, webinars, contests, trainings and certification courses; Download or otherwise engage with Braze content and publications, such as viewing our videos, reading content on our Websites, or interacting with our chat bots, avatars or AI agents; Submit requests for an action, support or information; Participate in meetings or events; Engage with our resellers or partners; Work at partners or suppliers of Braze and interact with our company in the course of doing business or contemplating doing business with us; or Otherwise"

" Braze affiliates. What type of data do we collect? Personal Data that we may collect includes, but is not limited to: Name and job title; Contact information such as email address, business phone number, and business address; Industry; Employer; Marketing subscription status; Audio and video recordings and notes from meetings; Event attendance and preferences associated with in-person event attendance, such as dietary requirements; Photo and video footage of your participation in events; Trainings and certifications; Downloads or engagement with Braze reports and other publications; Communications that we exchange with you, including when you contact us with questions or feedback, through the support portal, email, calls to our support team, our chatbot, avatar and AI agent features, social media, survey participation, or otherwise; Profile picture; Certain information in connection with the use of the Websites by visitors and the Services by Dashboard Users, and information about your interaction with other relevant third-party pages displaying Braze content, which may include: Device Data: information may include IP address (or proxy server), device and application identification numbers, location, browser type, Internet service provider and/or mobile carrier, and operating system and system configuration information; and Usage and Log Data: information about Dashboard Users' or website visitors' activity on the Websites and Services, including but not limited to the pages and files viewed, actions taken, conversations through our chat and forum features, searches, account configuration information, date/time stamps associated with usage, log files and metadata containing, associated with or referencing Dashboard Users' data."

" Some of the information described above is collected through our Websites and our Services using logs, cookies and/or other tracking technologies. To read more about the cookies and tracking technologies we use, please visit our Cookie Policy . You can manage your cookie consent preferences by visiting our Cookie Consent Manager . We use session replay technology provided by third-party vendors to record the interactions and Personal Data of Dashboard Users and visitors to certain Websites, such as our learning management system and www.braze.com . We and such third-party vendors may use information from these recordings, which may include the Usage and Log Data detailed above. Personal Data within these recordings may be processed for the purposes outlined in Section 2.2 (Purposes of Processing). Such recordings do not include Personal Data for which Braze is a Data Processor. We collect and process technical logs containing metadata and log files of information submitted to and used within the Services, which may contain personal data of end users, for analytical, security and troubleshooting purposes as further described in Section 2.2 (Purposes of Processing). Braze uses artificial intelligence and machine learning to help operate, secure, and improve the business activities described in Section 2.2 (Purposes of Processing) (for example, website chatbots and support assistance). Depending on the use case, this processing may involve Personal Data as described in this Policy; in other cases we use de‑identified or aggregated information. We maintain human oversight and do not make decisions based solely on automated processing, including profiling, that produce legal or similarly significant effects."

"If Customer terminates this Agreement for cause as described herein, Braze shall refund Customer any prepaid fees covering the remainder of the Subscription Term after the date of termination, net of any amounts still owed to Braze. In any event, Customer shall not be relieved of its obligation to pay any fees accrued or payable to Braze prior to the effective date of termination. If Braze terminates this Agreement for cause as described herein, Customer shall remain obligated to pay all fees owed for the remainder of the Subscription Term. 9.5 Surviving Provisions . Section 1 and Sections 3 through 10 shall survive any termination or expiration of this Agreement."

" THIS MAIN SUBSCRIPTION AGREEMENT GOVERNS ANY SERVICES PROVIDED BY BRAZE TO CUSTOMER. BRAZE, INC. ("BRAZE") MAY UPDATE THESE TERMS FROM TIME TO TIME AND BY CONTINUING TO USE ANY SERVICES PROVIDED BY BRAZE, CUSTOMER AGREES TO COMPLY WITH THESE TERMS AS UPDATED. In consideration of the mutual covenants and agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows:"