This Data Processing Addendum (“DPA”) forms part of the agreement (“Agreement”) between Xpertly.ai, Inc., a Delaware corporation doing business as Rocksalt (“Rocksalt”), and the customer that has agreed to Rocksalt’s Terms of Service or entered into a Service Agreement with Rocksalt (“Customer”).

This DPA applies to the extent Rocksalt processes Customer Personal Data on behalf of Customer in connection with the Services.

In the event of a conflict between this DPA and the Agreement regarding the processing of Customer Personal Data, this DPA will control.

1. Definitions

For purposes of this DPA:

“Applicable Data Protection Law” means privacy, data protection, and data security laws applicable to Rocksalt’s processing of Customer Personal Data under the Agreement, including, where applicable, the California Consumer Privacy Act, as amended by the California Privacy Rights Act (“CCPA”), the EU General Data Protection Regulation 2016/679 (“GDPR”), and the UK GDPR.

“Customer Personal Data” means personal data, personal information, or similar information contained in Customer Data that Rocksalt processes on behalf of Customer in connection with the Services.

“Data Subject” means an identified or identifiable individual to whom Customer Personal Data relates.

“Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Customer Personal Data processed by Rocksalt.

“Subprocessor” means a third party engaged by Rocksalt to process Customer Personal Data on behalf of Customer.

The terms “controller,” “processor,” “business,” “service provider,” “contractor,” “personal data,” “personal information,” “processing,” “sell,” and “share” have the meanings given to them under Applicable Data Protection Law.

2. Roles of the Parties

To the extent Rocksalt processes Customer Personal Data on behalf of Customer:

Customer acts as the controller or business, as applicable; and
Rocksalt acts as the processor, service provider, or contractor, as applicable.

Customer determines the purposes for which Customer Personal Data is submitted to the Services and is responsible for ensuring that its collection and disclosure of Customer Personal Data to Rocksalt complies with Applicable Data Protection Law.

Rocksalt will process Customer Personal Data only in accordance with Customer’s documented instructions, including the Agreement and Customer’s use and configuration of the Services, except where otherwise required by applicable law.

If Rocksalt is required by law to process Customer Personal Data other than according to Customer’s instructions, Rocksalt will inform Customer of that legal requirement before processing unless prohibited from doing so by law.

3. Details and Purpose of Processing

Rocksalt will process Customer Personal Data only as necessary to provide the Services and fulfill its obligations under the Agreement.

The specific business purposes for processing may include:

receiving and processing Customer-provided content and data;
temporarily storing and processing Customer-provided sales, pre-sales, marketing, support, or other business conversation transcripts for the purpose of extracting relevant questions, answers, themes, and insights;
using an automated process designed to identify and remove identifying information from information extracted from such transcripts;
analyzing questions, answers, themes, and insights extracted from Customer-provided materials;
analyzing Customer’s visibility in artificial intelligence and search results;
generating reports, analyses, recommendations, content opportunities, and Customer Outputs;
facilitating collaboration with Customer’s employees and subject-matter experts;
providing, maintaining, securing, supporting, and troubleshooting the Services; and
carrying out other processing expressly instructed by Customer through the Services or a Service Agreement.

Where Customer submits conversation transcripts to the Services, Rocksalt temporarily stores the original transcripts in its cloud infrastructure while processing them. Access is restricted to authorized Rocksalt personnel and systems, and the transcripts are not made publicly accessible.

Rocksalt uses an automated process designed to identify and remove identifying information from information extracted from those transcripts. Rocksalt deletes the original transcripts after the information required to provide the Services has been extracted.

The subject matter, nature, duration, categories of Data Subjects, and categories of Customer Personal Data are further described in Schedule 1.

4. Restrictions on Use of Customer Personal Data

Rocksalt will not:

sell or share Customer Personal Data;
retain, use, or disclose Customer Personal Data for purposes other than the specific business purposes described in this DPA and the Agreement, except as permitted by Applicable Data Protection Law;
retain, use, or disclose Customer Personal Data outside the direct business relationship between Rocksalt and Customer, except as permitted by Applicable Data Protection Law;
use Customer Personal Data to provide services or deliverables to another customer;
combine Customer Personal Data with personal information received from another customer or collected through Rocksalt’s independent interactions with a Data Subject except where permitted by Applicable Data Protection Law; or
use Customer Personal Data to train general-purpose artificial intelligence or machine-learning models for the benefit of other customers unless Customer expressly agrees otherwise in writing.

Rocksalt will comply with applicable obligations imposed on processors, service providers, and contractors under Applicable Data Protection Law and will provide the level of privacy protection for Customer Personal Data required by applicable law.

Customer may take reasonable and appropriate steps to help ensure that Rocksalt uses Customer Personal Data consistently with Customer’s obligations under Applicable Data Protection Law.

If Customer reasonably determines that Rocksalt is processing Customer Personal Data in an unauthorized manner, Customer may notify Rocksalt, and the parties will work in good faith to stop and remediate the unauthorized processing.

5. Confidentiality

Rocksalt will ensure that persons authorized to process Customer Personal Data are subject to appropriate confidentiality obligations.

Rocksalt will limit access to Customer Personal Data to personnel and service providers who require such access to provide or support the Services or otherwise perform Rocksalt’s obligations under the Agreement.

The confidentiality provisions of the Agreement also apply to Customer Personal Data.

6. Security

Rocksalt will implement and maintain reasonable and appropriate technical and organizational measures designed to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access.

Such measures will take into account the nature of the processing, the nature of Customer Personal Data, the risks presented by the processing, and the state of the art and cost of implementation.

Rocksalt will periodically review its security measures and may update them as the Services and security practices evolve, provided that Rocksalt will not materially decrease the overall level of protection for Customer Personal Data during the term of the Agreement.

Additional information regarding Rocksalt’s security measures is described in Schedule 2.

7. Subprocessors

Customer provides Rocksalt with general authorization to engage Subprocessors to process Customer Personal Data as necessary to provide the Services.

Rocksalt will require each Subprocessor that processes Customer Personal Data to be subject to contractual obligations regarding data protection and security that are no less protective in material respects than Rocksalt’s obligations under this DPA, to the extent applicable to the services provided by that Subprocessor.

Rocksalt remains responsible for the performance of its obligations under this DPA with respect to Customer Personal Data processed by its Subprocessors.

Rocksalt will maintain a current list of Subprocessors that process Customer Personal Data and will make that list available to Customer upon request.

Where required by Applicable Data Protection Law, Rocksalt will provide reasonable notice of additions or replacements to its Subprocessors. Customer may object to a new Subprocessor on reasonable data-protection grounds by notifying Rocksalt within ten (10) days after receiving notice.

The parties will work in good faith to resolve any such objection. If the parties cannot reasonably resolve the objection, Rocksalt may provide Customer with a commercially reasonable alternative or Customer may discontinue the affected portion of the Services.

8. Data Subject Requests

Taking into account the nature of the processing, Rocksalt will provide reasonable assistance to Customer in fulfilling Customer’s obligations to respond to requests from Data Subjects exercising rights under Applicable Data Protection Law.

If Rocksalt receives a request directly from a Data Subject relating to Customer Personal Data, Rocksalt will, where legally permitted, direct the Data Subject to Customer or notify Customer of the request.

Rocksalt will not independently respond to a Data Subject request concerning Customer Personal Data except on Customer’s documented instructions or as required by applicable law.

9. Assistance With Compliance

Taking into account the nature of the processing and information available to Rocksalt, Rocksalt will provide reasonable assistance to Customer with Customer’s obligations under Applicable Data Protection Law relating to:

security of processing;
Personal Data Breach notifications;
data protection impact assessments;
consultations with supervisory authorities; and
other legally required privacy or security assessments relating to Rocksalt’s processing of Customer Personal Data.

Any assistance requiring material resources beyond those ordinarily provided as part of the Services may be subject to mutually agreed reasonable fees, unless the assistance is required because of Rocksalt’s breach of this DPA.

10. Personal Data Breaches

Rocksalt will notify Customer without undue delay after becoming aware of a Personal Data Breach affecting Customer Personal Data.

The notification will include information reasonably available to Rocksalt regarding the nature of the Personal Data Breach and the Customer Personal Data affected.

As additional information becomes reasonably available, Rocksalt will provide Customer with information reasonably necessary for Customer to satisfy applicable breach-notification obligations.

Rocksalt will take reasonable steps to contain, investigate, and remediate a Personal Data Breach.

Rocksalt’s notification of or response to a Personal Data Breach does not constitute an admission of fault or liability.

11. Return, Retention, and Deletion of Customer Personal Data

Customer-provided conversation transcripts are temporarily stored and processed for the purposes described in this DPA.

Access to stored transcripts is restricted to authorized Rocksalt personnel and systems, and the transcripts are not made publicly accessible.

Rocksalt uses an automated process designed to identify and remove identifying information from extracted transcript information before that information is retained. Rocksalt deletes the original transcripts after extracting the information required to provide the Services.

For other Customer Personal Data, upon expiration or termination of the applicable Services, Rocksalt will, at Customer’s request, delete or return Customer Personal Data unless applicable law requires Rocksalt to retain it.

Rocksalt may delete Customer Personal Data according to its standard deletion and backup-retention processes.

Where a Service Agreement specifies a particular deletion period or deletion requirement, that Service Agreement will control.

Customer acknowledges that Customer Personal Data other than original conversation transcripts may remain temporarily in backup systems after deletion from active systems until those backups are overwritten or deleted in accordance with Rocksalt’s ordinary retention practices, provided such data remains protected under this DPA and is not used for other purposes.

12. Audits and Compliance Information

Rocksalt will make available to Customer information reasonably necessary to demonstrate Rocksalt’s compliance with this DPA.

Where reasonably necessary to demonstrate compliance with Applicable Data Protection Law, Customer may request additional information regarding Rocksalt’s data-protection practices.

If the information provided by Rocksalt is insufficient to demonstrate compliance and Applicable Data Protection Law requires additional verification, Customer may request an audit.

Any audit will:

occur no more than once in any twelve-month period unless required by a regulator or following a material Personal Data Breach;
be conducted during normal business hours;
provide reasonable advance notice;
avoid unreasonable disruption to Rocksalt’s operations;
be subject to appropriate confidentiality obligations; and
be conducted at Customer’s expense unless the audit identifies a material breach of this DPA by Rocksalt.

Rocksalt may satisfy audit requests by providing relevant third-party audit reports, certifications, security documentation, or other evidence of compliance where reasonably appropriate.

13. International Transfers

Customer authorizes Rocksalt to process Customer Personal Data in the United States and other countries in which Rocksalt or its authorized Subprocessors operate, subject to Applicable Data Protection Law.

Where Customer Personal Data subject to the GDPR, UK GDPR, or other applicable international data-transfer restrictions is transferred to a country that has not been recognized as providing an adequate level of data protection, the parties will use a legally recognized transfer mechanism as required by Applicable Data Protection Law.

Where applicable, this may include the European Commission’s Standard Contractual Clauses or the applicable UK international data-transfer mechanism.

If such transfer provisions are required for a particular Customer, Rocksalt and Customer will cooperate in completing the applicable transfer documentation.

14. CCPA/CPRA Provisions

To the extent Customer Personal Data constitutes “personal information” subject to the CCPA and Customer is a “business” under the CCPA, Rocksalt will act as a “service provider” or “contractor,” as applicable.

Customer discloses Customer Personal Data to Rocksalt solely for the limited and specified business purposes described in Section 3 and Schedule 1 of this DPA.

Rocksalt will:

not sell or share Customer Personal Data;
not retain, use, or disclose Customer Personal Data outside the specific business purposes described in this DPA except as permitted by the CCPA;
not retain, use, or disclose Customer Personal Data outside the direct business relationship between Customer and Rocksalt except as permitted by the CCPA;
comply with applicable provisions of the CCPA and provide the level of privacy protection required by the CCPA;
reasonably assist Customer in responding to applicable consumer requests; and
notify Customer if Rocksalt determines that it can no longer meet its obligations under the CCPA.

Customer has the right, upon reasonable notice, to take reasonable and appropriate steps to stop and remediate unauthorized use of Customer Personal Data.

15. GDPR and UK GDPR Provisions

To the extent Customer Personal Data is subject to the GDPR or UK GDPR and Rocksalt acts as a processor, Rocksalt will:

process Customer Personal Data only on documented instructions from Customer;
ensure that persons authorized to process Customer Personal Data are subject to confidentiality obligations;
implement appropriate technical and organizational security measures;
comply with applicable requirements concerning engagement of Subprocessors;
assist Customer with Data Subject rights requests;
assist Customer with applicable security, breach-notification, data protection impact assessment, and regulatory consultation obligations;
at Customer’s choice, delete or return Customer Personal Data following completion of the Services, subject to applicable legal retention requirements;
make available information necessary to demonstrate compliance with applicable processor obligations; and
immediately inform Customer if, in Rocksalt’s opinion, an instruction infringes Applicable Data Protection Law.

16. Liability

The limitations and exclusions of liability contained in the Agreement apply to this DPA to the fullest extent permitted by Applicable Data Protection Law.

17. Duration

This DPA remains in effect for as long as Rocksalt processes Customer Personal Data on behalf of Customer.

Obligations relating to confidentiality, security, and restrictions on use of Customer Personal Data survive termination for as long as Rocksalt retains Customer Personal Data.

18. Changes to This DPA

Rocksalt may update this DPA from time to time to reflect changes in Applicable Data Protection Law, the Services, or Rocksalt’s data-processing practices.

Rocksalt will not materially reduce Customer’s data-protection rights under this DPA during an active paid Service term.

Where required by Applicable Data Protection Law, Rocksalt will provide notice of material changes.

Schedule 1 — Details of Processing

Subject Matter

Processing of Customer Personal Data as necessary to provide Rocksalt’s buyer-intelligence, AEO, content, analytics, collaboration, and related Services.

Duration

For the duration necessary to perform the applicable processing and provide the Services.

Customer-provided conversation transcripts are temporarily stored and processed and are deleted after Rocksalt has extracted the information required to provide the Services.

Other Customer Personal Data may be processed for the duration of the applicable Services and any limited retention period following expiration or termination, subject to the Agreement and any applicable Service Agreement.

Nature and Purpose of Processing

Processing may include collecting, receiving, temporarily storing, accessing, reviewing, analyzing, extracting, categorizing, comparing, generating, transmitting, and deleting Customer Personal Data for purposes including:

extracting relevant buyer questions, answers, themes, objections, comparisons, and other insights from Customer-provided business conversations;
using an automated process designed to identify and remove identifying information from information extracted from conversation transcripts;
analyzing extracted buyer questions, answers, themes, and insights;
analyzing AI-search visibility and related information;
identifying content opportunities;
generating analyses, reports, recommendations, and content;
enabling expert collaboration and review; and
operating, supporting, securing, and troubleshooting the Services.

Categories of Data Subjects

Depending on Customer’s use of the Services, Customer Personal Data may relate to:

Customer employees and Authorized Users;
Customer subject-matter experts;
Customer prospects and prospective customers;
Customer customers;
participants in sales, marketing, support, or other business conversations; and
other individuals whose information Customer submits to the Services.

Categories of Personal Data

Depending on Customer’s use of the Services, Customer Personal Data may include:

names, business contact information, job titles, roles, and company affiliations;
statements, questions, answers, opinions, and other information contained in Customer-provided business conversation transcripts;
contributions and communications from Customer’s employees and subject-matter experts;
personal information incidentally contained in documents, content, or other materials submitted by Customer; and
account and usage information relating to Customer’s Authorized Users, to the extent processed by Rocksalt on Customer’s behalf.

For Customer-provided conversation transcripts, Rocksalt uses an automated process designed to identify and remove identifying information from extracted information. The original transcript is deleted after the information required to provide the Services has been extracted.

Sensitive Personal Data

The Services are not designed for the processing or storage of sensitive personal information.

Customer should not intentionally submit Social Security numbers, financial account credentials, health information, biometric information, precise geolocation, or other highly sensitive personal information to the Services.

Because incidental sensitive personal information may appear in Customer-provided conversation transcripts, such information may be processed temporarily during transcript ingestion. Rocksalt does not intentionally extract or retain such information as part of its transcript analysis workflow.

Frequency of Processing

Processing occurs as necessary during Customer’s use of the Services.

Schedule 2 — Technical and Organizational Measures

Rocksalt maintains technical and organizational measures designed to protect Customer Personal Data appropriate to the nature and risks of the processing.

These measures include, as applicable:

Access controls. Access to production systems and Customer Personal Data, including temporarily stored Customer-provided conversation transcripts, is restricted to authorized personnel and systems that require access to perform authorized functions.

Authentication. Rocksalt uses authentication and access-management controls designed to prevent unauthorized access to systems containing Customer Personal Data.

Encryption. Rocksalt uses industry-standard encrypted connections for transmission of Customer Personal Data over public networks and appropriate protections for stored Customer Personal Data.

Infrastructure security. Rocksalt uses reputable cloud infrastructure providers and implements security controls appropriate to its hosted environment. Customer-provided conversation transcripts are temporarily stored in Rocksalt’s cloud environment and are not made publicly accessible.

Data minimization and transcript processing. Rocksalt minimizes its retention of personal information contained in Customer-provided conversation transcripts. Original transcripts are deleted after the information required to provide the Services has been extracted. Rocksalt uses an automated process designed to identify and remove identifying information from extracted transcript information before that information is retained.

Confidentiality. Personnel with access to Customer Personal Data are subject to confidentiality obligations.

Vendor management. Rocksalt evaluates service providers that process Customer Personal Data and requires appropriate contractual data-protection obligations.

Security monitoring and incident response. Rocksalt maintains processes designed to identify, investigate, respond to, and remediate security incidents affecting Customer Personal Data.

Data deletion. Rocksalt maintains processes for deleting Customer Data in accordance with applicable contractual commitments and retention practices.

Business continuity. Rocksalt uses infrastructure and operational practices designed to support availability and recovery of the Services following disruptions.

Rocksalt may update these measures from time to time as its technology, security practices, and Services evolve, provided that it will not materially decrease the overall level of protection for Customer Personal Data.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict user access, including registered user access, to some parts of the Website or the entire Website.

You are responsible for both:

Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To send, knowingly receive, upload, download, use, or re-use any material that does not comply these Terms of Use.
To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
To impersonate or attempt to impersonate Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or account names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Company or users of the Website, or expose them to liability.

Additionally, you agree not to:

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
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Otherwise attempt to interfere with the proper working of the Website.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Monitoring and Enforcement; Termination

We have the right to:

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Website. YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

Information About You and Your Visits to the Website

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Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of goods, services, or information carried out through the Website, or resulting from visits made by you, may be governed by additional terms and conditions which are hereby incorporated by this reference into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Linking to the Website

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You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

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Subscription cancellations must be made through your account settings before your next billing cycle. No refunds are issued for partial months of service, unused features, or account downgrades. We do not provide refunds except where required by applicable law. If users switch to a lower plan, that plan will go into effect in the next billing cycle.

Service availability & Termination Clause

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Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

Fair Use Policy

Company reserves the right to limit usage or suspend accounts engaging in excessive automated interactions, spamming, or behavior that negatively impacts the platform or third-party communities.

Data & Security Clause for Payment Information

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Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

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THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the state of California without giving effect to any choice or conflict of law provision or rule (whether of the state of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the state of California, in each case located in the county of Santa Clara, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

Miscellaneous

This website is operated by Xpertly.ai, Inc.
All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: legal@rocksalt.ai.

Rocksalt - Data Processing Addendum

Last modified: Sept 2026