Updated October 10, 2025

PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY.

These Customer Terms of Service (the “Agreement”) govern access to and use of Intempt’s Services by the customer identified in an Order Form, online checkout, account record, or in-app purchase flow (“Customer”, “you”, “your”). This Agreement is entered into by Customer and Intempt Technologies LLC (“Intempt,” “we,” “us,” “our”).

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This Agreement consists of:

• General Terms (these terms)
  
• Product-Specific Terms (below)
  
• Acceptable Use Policy (AUP): https://intempt.com/aup
  
• Data Processing Addendum (DPA): https://intempt.com/dpa
  
• Privacy Policy: https://intempt.com/privacy-policy
  
• Any Order Form, Statement of Work (SOW), or other ordering document agreed by the parties (“Order”)
  
  

If there is a conflict, the order of precedence is: (1) Order Form/SOW, (2) DPA (for privacy/data issues), (3) Product-Specific Terms, (4) General Terms, (5) other referenced policies.

General Terms

1. Definitions

1.1 “Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with a party (control meaning >50% voting interests).
1.2 “Customer Data” means all data, information, content, events, records, files, text, or other materials submitted to the Services or collected via the Services (including via SDKs/pixels) by or on behalf of Customer. Customer Data does not include Intempt Content.
1.3 “Customer Materials” means any materials Customer uploads, posts, or otherwise makes available in the Services (including templates, creative, messaging copy, and audience definitions).
1.4 “Documentation” means Intempt’s then-current technical documentation, including in-product and help center materials.
1.5 “Intempt Content” means the Services, Documentation, software, interfaces, dashboards, and any content or data provided by Intempt, including enrichment outputs and AI feature outputs as described in Product-Specific Terms.
1.6 “Order Form” means an Intempt-approved ordering document (including online checkout or in-app purchase) specifying the purchased Services, term, limits, and fees.
1.7 “Professional Services” means implementation, onboarding, migration, advisory, consulting, or other services provided under an Order or SOW.
1.8 “Services” means Intempt’s customer data and go-to-market execution platform, including APIs/SDKs, event ingestion, identity resolution, segmentation, journeys/automation, personalization, experimentation, analytics, integrations, and related functionality.
1.9 “Subscription Term” means the initial term plus any renewal term(s) identified in the applicable Order Form.
1.10 “User” means an individual authorized by Customer to use the Services under Customer’s account.

2. Use of Services

2.1 Access and Use. During the Subscription Term, Intempt grants Customer a limited, non-exclusive, non-transferable right to access and use the Services for Customer’s internal business purposes, subject to this Agreement and the applicable Order.
2.2 Eligibility; Authorized Users. Users must be at least 18 years old and authorized by Customer. Customer is responsible for all Users’ activities and compliance with this Agreement.
2.3 Affiliates. Customer may permit its Affiliates to use the Services under Customer’s account or Orders, but Customer remains responsible and liable for Affiliates’ compliance.
2.4 Account Security. Customer will maintain the confidentiality of login credentials and notify Intempt promptly of unauthorized access or use.
2.5 Acceptable Use. Customer must comply with the AUP and will not use the Services to: spam, phish, distribute malware, violate law, infringe IP, abuse messaging channels, conduct unauthorized security testing, reverse engineer the Services, or harm the Services or others.
2.6 Regulated Data / Industries. The Services are not designed for regulated data (e.g., HIPAA) by default. If Customer requires regulated-industry compliance, it must be expressly agreed in writing (e.g., a BAA or compliance addendum).
2.7 Children’s Data. The Services are not intended for collecting data from children under 13 (or other age threshold under applicable law).
2.8 Third-Party Providers. Intempt may provide components of the Services through third parties (including hosting, messaging, enrichment, and AI providers). Customer acknowledges that third-party services may be subject to their own terms.
2.9 Modifications. Intempt may update the Services from time to time, including adding/removing features, modifying limits, or changing integrations. Intempt will not materially reduce the overall functionality of paid Services during the then-current term, except for: (i) Beta features, (ii) changes required by law or third parties, (iii) security-related changes, or (iv) changes described in Product-Specific Terms.
2.10 Beta Features. Beta features are provided “as is,” may change or be discontinued at any time, may be excluded from support and uptime commitments, and are subject to limited liability.

3. Orders, Fees, Taxes, and Payment

3.1 Ordering. Customer may purchase via self-serve checkout, sales-led Order Forms, and/or in-app purchases where enabled.
3.2 Fees. Fees are as stated in the applicable Order. Fees are non-cancelable and non-refundable except as expressly stated in this Agreement or required by law.
3.3 Billing and Payment.

• Card/Autopay: Customer authorizes Intempt (and its payment processors) to charge the authorized payment method for all fees.
  
  
• Invoice: Unless otherwise stated, invoices are due Net 30.
  
  

3.4 Late Payments; Suspension. If payment is overdue, Intempt may provide notice and suspend access after a cure period (e.g., 10 days after notice), except where Customer is disputing charges in good faith and cooperating to resolve the dispute.
3.5 Renewal and Price Changes.

• Monthly self-serve: Renews monthly unless cancelled before the next renewal date.
  
  
• Annual / enterprise: Renews automatically unless Customer provides notice of non-renewal at least 30 days before the end of the then-current term (unless otherwise stated in an Order).
  
  
• Renewal Pricing: Intempt may adjust fees at renewal up to then-current list pricing and will provide at least 30 days’ notice for annual terms (unless otherwise stated in the Order).
  
  

3.6 Taxes. Fees exclude taxes. Customer is responsible for applicable sales, use, VAT, GST, and withholding taxes (excluding taxes on Intempt’s net income). Customer will provide valid tax IDs where applicable.
3.7 Chargebacks; Collections. Customer is responsible for chargebacks and associated fees where permitted. Intempt may seek recovery of unpaid amounts and reasonable collection costs as allowed by law.
3.8 Free Trials. Trials may be offered. If Customer does not convert to a paid subscription, Customer Data may be deleted after trial end, and Intempt has no obligation to restore it.

4. Term and Termination

4.1 Term. Subscription Term is defined in the applicable Order (monthly for self-serve; annual for sales-led/enterprise, unless specified otherwise).
4.2 Cancellation.

• Annual: Non-cancelable mid-term except as expressly provided (e.g., for Intempt’s uncured material breach).
  
  
• Monthly: Cancellation effective at the end of the current monthly billing period.
  
  

4.3 Termination for Cause. Either party may terminate for material breach if not cured within 30 days after written notice. Either party may terminate immediately upon the other party’s insolvency/bankruptcy.
4.4 Immediate Suspension/Termination by Intempt. Intempt may suspend or terminate immediately if: (i) non-payment after notice and cure period, (ii) AUP violations, (iii) security threats or harm to the platform, (iv) legal compliance risk, or (v) repeated IP infringement allegations.
4.5 Effect of Termination. Upon termination/expiration:

• Customer must stop using the paid Services (except permitted export window).
  
  
• Refunds: If Customer terminates for Intempt’s uncured material breach, Intempt will refund prepaid unused fees for the remaining term. Otherwise, fees are non-refundable.
  
  
• Intempt may convert the account to a limited/free mode if offered.
  
  

5. Customer Data; Privacy; Security

5.1 Ownership. Customer owns Customer Data. Customer grants Intempt a limited, worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Data solely as necessary to provide, secure, and maintain the Services, and as otherwise permitted by the DPA and this Agreement.
5.2 DPA; Roles. The DPA applies to the extent Customer Data includes Personal Data. Customer is Controller/Business; Intempt is Processor/Service Provider, as defined under applicable privacy laws.
5.3 SDKs/Pixels and Website/Device Data. Where Customer implements Intempt SDKs/pixels, Intempt will process event/device/website interaction data as Customer Data to provide the Services. Customer is responsible for notices, consents, and lawful collection.
5.4 No AI Training by Default. Intempt does not use Customer Data to train or improve generalized ML/AI models by default. Any such training requires Customer opt-in or a separate written agreement.

5.5 Retention; Export; Deletion.
(a) Export. During the Subscription Term, Customer may export Customer Data via self-serve tools and/or API. After termination or expiration, Intempt will provide a 30-day export window for paid plans (unless otherwise stated in an Order).
(b) Retention. Unless Customer requests deletion earlier, Intempt may retain Customer Data for up to three (3) years following termination or expiration for legitimate business purposes such as account restoration, compliance, dispute resolution, and enforcement of agreements.
(c) Deletion Requests. Customer may request deletion of Customer Data at any time using self-serve tools (if available) and/or by contacting hey@intempt.com. Upon a validated deletion request, Intempt will delete or anonymize Customer Data from active systems within a commercially reasonable period, subject to legal requirements and the limitations described in subsection (d).
(d) Backups. Customer Data may persist in encrypted backups and disaster recovery systems for a rolling retention period of up to three (3) years, after which it will be overwritten or deleted in the ordinary course. Intempt will not restore deleted Customer Data from backups except where required for security or integrity of the backup systems or as required by law.

5.6 Hosting Region. Primary hosting is in the United States. Some processing may occur outside the primary region (e.g., support operations, logs, subprocessors) as described in the DPA and subprocessor list. Intempt does not guarantee that hosting meets all residency requirements unless expressly agreed in an Order.
5.7 Subprocessors. Intempt maintains a list of subprocessors at: https://intempt.com/subprocessors. Intempt will provide advance notice of material changes to subprocessors as described in the DPA, and Customer may object as set forth in the DPA.
5.8 Security. Intempt maintains commercially reasonable administrative, technical, and physical safeguards, including access controls, encryption in transit, monitoring, and incident response practices, as described in the DPA and/or a security overview.
5.9 Security Incident Notification. Intempt will notify Customer without undue delay after confirming a security incident involving Customer Personal Data and provide reasonably necessary information. Where feasible, Intempt typically notifies within 72 hours.
5.10 Sensitive Data. Customer will not upload or process Sensitive Data (e.g., special categories of data, health data, government IDs, full payment card data) unless expressly permitted by a written addendum and supported by applicable technical controls.

5.11 Session Replay and Interaction Capture (If Enabled).
If Customer uses session replay, heatmaps, form interaction capture, or similar features (including keystroke capture) on web or mobile, Customer is responsible for providing legally required notices and obtaining consents. Customer is responsible for configuring available masking and exclusion controls (including for password fields, payment fields, and other sensitive inputs) and for ensuring such features are not used to collect Sensitive Data. Intempt may provide default masking for certain fields, but Customer remains responsible for configuration and compliance.

6. Intellectual Property

6.1 Intempt IP. Intempt retains all rights, title, and interest in and to the Services, Documentation, and Intempt Content. No rights are granted except as expressly stated.
6.2 Restrictions. Customer will not (and will not allow anyone to): reverse engineer, decompile, disassemble, modify, create derivative works of, copy, resell, or make available the Services except as permitted by law.
6.3 Customer Materials. Customer grants Intempt a non-exclusive, worldwide license to use Customer Materials as necessary to provide the Services.
6.4 Feedback. Feedback is non-confidential and may be used by Intempt without restriction or compensation.
6.5 Open Source. The Services may include open-source software governed by applicable open-source licenses.

7. Confidentiality

7.1 Confidential Information. “Confidential Information” means non-public information disclosed by a party that is designated confidential or reasonably should be understood to be confidential, including Customer Data.
7.2 Obligations. The receiving party will: (i) protect confidentiality using reasonable care, (ii) use Confidential Information only to perform under the Agreement, and (iii) not disclose to third parties except to permitted subcontractors bound by confidentiality obligations.
7.3 Compelled Disclosure. A party may disclose Confidential Information if required by law, provided it gives prompt notice (where lawful) and cooperates to limit disclosure.

8. Publicity

8.1 Customer List. Intempt may list Customer’s name and logo as a customer reference.
8.2 Opt-Out. Customer may opt out by emailing hey@intempt.com.
8.3 Case Studies. Case studies require Customer’s prior written approval.

9. Indemnification

9.1 Customer Indemnity. Customer will indemnify, defend, and hold harmless Intempt and its Affiliates from third-party claims arising from: (i) Customer Data/Customer Materials, (ii) unlawful use or AUP violations, (iii) messaging/comms compliance failures (email/SMS/push/WhatsApp), and (iv) Customer’s use of Third-Party Products.
9.2 Intempt IP Indemnity. Intempt will indemnify, defend, and hold harmless Customer from third-party claims alleging the core Services infringe a U.S. patent, trademark, or copyright, excluding claims arising from: (i) Customer Data or Customer Materials, (ii) combinations with non-Intempt products, (iii) Customer modifications, or (iv) out-of-scope use.
9.3 Remedies. If infringement is alleged (or likely), Intempt may: (a) modify the Services, (b) replace with non-infringing functionality, (c) obtain a license, or (d) terminate the affected Services and refund prepaid unused fees for the remaining term. This section states Intempt’s entire liability for IP claims.
9.4 Process. The indemnified party must provide prompt notice, reasonable cooperation, and allow the indemnifying party sole control of defense/settlement (no settlement that admits fault or imposes obligations without consent).

10. Warranties; Disclaimers; Limitation of Liability

10.1 Limited Warranty. Intempt warrants that the Services will be provided in a professional manner and will materially conform to Documentation. Customer’s remedy is: Intempt will use commercially reasonable efforts to cure; if not cured, Customer may terminate and receive a pro-rated refund of prepaid unused fees for the affected Services.
10.2 Disclaimer. EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED “AS IS.” INTEMPT DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
10.3 No Indirect Damages. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY.
10.4 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY’S TOTAL LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT WILL NOT EXCEED THE FEES PAID OR PAYABLE FOR THE SERVICES IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
10.5 Carve-Outs. The cap does not apply to: (i) Customer’s payment obligations; (ii) Customer’s indemnity obligations; (iii) Intempt’s IP indemnity obligations; and (iv) either party’s breach of confidentiality.
10.6 Third-Party Products. Intempt is not responsible for Third-Party Products and disclaims related liability to the maximum extent permitted by law.

11. Governing Law; Venue; Disputes

11.1 Governing Law. Texas law governs this Agreement, without regard to conflict of law rules.
11.2 Venue. Exclusive venue lies in state or federal courts located in Texas. Each party consents to jurisdiction and venue in those courts.
11.3 Time Limit to Bring Claims. Any claim must be brought within one (1) year after the cause of action accrues, except claims for IP, payment, or confidentiality, or where prohibited by law.

12. Miscellaneous

12.1 Notices.
To Intempt:
Intempt Technologies LLC
1101 W 34th St, #595
Austin, TX 78705, United States
Attn: Legal
Email: hey@intempt.com (legal notice)

To Customer: notices to the email/address in Customer’s account or Order.

12.2 Assignment. Customer may assign in connection with a merger, acquisition, or sale of substantially all assets with notice; otherwise, assignment requires Intempt’s consent. Intempt may assign to an Affiliate or successor.
12.3 Force Majeure. Neither party is liable for delays/failures due to events beyond reasonable control (excluding payment obligations).
12.4 Severability. If any provision is unenforceable, the remainder remains in effect.
12.5 Entire Agreement. This Agreement, Orders, and incorporated policies constitute the entire agreement and supersede prior agreements on the subject matter.
12.6 Amendments. Intempt may update these Terms by posting a revised version on its website and/or in-product. For materially adverse changes, Intempt will provide notice (e.g., email or in-app). Continued use after the effective date constitutes acceptance, except where an Order states otherwise.
12.7 No Third-Party Beneficiaries. No third-party beneficiaries except as expressly stated (e.g., Affiliates under indemnity).
12.8 Export Controls; Sanctions. Customer will not use the Services in violation of export control or sanctions laws and represents it is not prohibited from receiving the Services.
12.9 Anti-Corruption. Each party will comply with applicable anti-bribery/anti-corruption laws.

Product-Specific Terms

Last Modified: October 10, 2025

These Product-Specific Terms are incorporated into the Agreement and apply when Customer uses the corresponding features.

1. Platform Access; Accounts; Seats (if applicable)

1.1 Users and Access. Customer must ensure Users have unique logins and do not share credentials.
1.2 Role-Based Access Controls. Customer is responsible for configuring roles/permissions in the Services.
1.3 Seats (if applicable). If Customer purchases “seats,” each seat is assigned to a single User and may be reassigned as allowed by the product.

2. Usage Limits; Intempt Credits; Overages

2.1 Billable Units. Usage may be measured by events ingested, monthly active users/visitors, stored profiles/contacts, messages sent (email/SMS/push/WhatsApp), API calls, compute/processing units, enrichment usage, and/or seats, as described in the applicable Order and pricing page: https://intempt.com/pricing.
2.2 Intempt Credits. “Intempt Credits” may apply to usage-based features. Credits reset monthly and unused credits expire at reset unless otherwise stated in an Order.
2.3 Hard Stops; Overages; Auto-Upgrades. By default, the Services may hard-stop when limits/credits are exceeded. Customer may have options (if enabled) to allow overages or trigger auto-upgrades. Overages and upgrade pricing (if any) are described in the Order and/or pricing page.
2.4 Usage Metering and Audit. Intempt may meter usage via logs/meters and invoice accordingly, consistent with the Order and pricing page.
2.5 Downgrades. No downgrades during the current committed term; downgrades may take effect at renewal as permitted.

3. Email Messaging Terms

3.1 Customer Responsibility for Compliance. Customer is solely responsible for: lawful basis/consent, opt-outs, required disclosures, content compliance, and list hygiene. Customer must maintain sufficient records to demonstrate compliance (including lawful basis/consent where required) and will provide such records to Intempt upon request.
3.2 Deliverability and Abuse. Intempt may suspend sending or throttle if Customer’s sending results in excessive bounces, spam complaints, blocklisting, or other abuse signals.
3.3 Third-Party Email Providers; Customer Configuration. Email delivery and inbox connectivity may rely on third-party providers and/or Customer-controlled accounts (including SendGrid, Google, and Microsoft). Customer is responsible for configuring sender domains, authentication (e.g., SPF/DKIM/DMARC), inbox permissions, and compliance settings within those providers. Intempt does not control third-party sending IP pools, inbox providers, or their deliverability decisions, and is not liable for third-party outages, policy changes, blocking, or deliverability impacts outside Intempt’s reasonable control.

4. SMS and WhatsApp Terms

4.1 Compliance. Customer is responsible for all texting/WhatsApp compliance obligations, including carrier rules, registration requirements, opt-in/opt-out, and required notices.
4.2 Carrier/Platform Policies. Customer agrees to comply with third-party platform terms (e.g., WhatsApp Business terms) and acknowledges service availability may vary by geography and provider policies.
4.3 Fees and Pass-Through Costs. Carrier or platform fees/penalties may be passed through where applicable (as allowed by Order/pricing).

5. Push Notifications Terms

5.1 Customer Responsibility. Customer is responsible for obtaining user permissions/consent for push notifications and complying with platform policies (Apple/Google) and applicable law.
5.2 Availability. Push delivery depends on device/platform conditions and is not guaranteed.

6. A/B Testing and Experimentation

6.1 No Guaranteed Outcomes. Experiments may not produce improved results. Intempt does not guarantee outcomes, uplift, or statistical validity.
6.2 Customer Responsibility. Customer is responsible for ensuring tests comply with law, disclosures, and internal policies (including for pricing, targeting, and regulated content).

7. Personalization

7.1 Customer Controls Content and Rules. Customer is responsible for personalization content, targeting rules, and compliance with applicable law and third-party policies.
7.2 No Guarantee. Intempt does not guarantee any business results from personalization.

8. Enrichment Terms

8.1 Overview; Optional Feature. Enrichment features may append or validate data using third-party and proprietary sources. Outputs may be inaccurate, outdated, incomplete, or unavailable in certain geographies.
8.2 Providers. Enrichment may involve subprocessors and data sources identified in the subprocessor list and/or DPA.
8.3 Permitted Use. Customer will use enrichment outputs only in compliance with law (including privacy and marketing laws) and will provide required notices and obtain required consents.
8.4 Disclaimers. Enrichment outputs are provided “as is” without warranties of accuracy, completeness, or fitness for a particular purpose.

9. AI Assistant / Generative Features

9.1 AI Input/Output. Customer is responsible for AI prompts/inputs (“AI Input”) and for reviewing AI-generated outputs (“AI Output”). AI Output may be incorrect, incomplete, or biased; Customer must independently verify before use.
9.2 Providers. AI features may use third-party AI service providers, including OpenAI and Anthropic, as described in the DPA/subprocessor list.
9.3 No Customer Data Training by Default. AI features are operated consistent with the “No AI training by default” policy in these Terms unless Customer opts in by written agreement.
9.4 Acceptable Use. Customer will not use AI features to generate unlawful, infringing, or abusive content, or to violate the AUP.

10. Uptime (Paid Tiers)

10.1 Uptime Goal. For paid tiers, Intempt’s goal is to achieve 99.9% monthly uptime. This is a performance objective, not a guarantee or service level commitment unless Customer has purchased a separate SLA in an Order.
10.2 Exclusions. Uptime excludes: planned maintenance, Beta features, force majeure, and third-party outages beyond Intempt’s control.
10.3 Service Credits (SLA Customers Only). Service credits may be available only if purchased as part of an SLA/enterprise Order and will be Customer’s sole remedy for uptime shortfalls. Customer must request credits within 20 days after the affected month.

11. Professional Services

11.1 Scope. Professional Services are described in an Order Form or SOW.
11.2 Remote by Default; Expenses. Delivered remotely unless agreed; Customer reimburses pre-approved reasonable travel expenses for onsite work.
11.3 Non-Refundable. Professional Services fees are non-refundable unless expressly stated otherwise in an SOW.

Appendix A — DMCA / Copyright Takedown (If Applicable)

If Intempt hosts publicly accessible Customer content, Intempt may respond to infringement notices consistent with applicable law.

DMCA Notice Contact:
Intempt Technologies LLC
1101 W 34th St, #595, Austin, TX 78705, United States
Email: hey@intempt.com
(Include “DMCA Notice” in the subject line.)

Appendix B — Third-Party Products and Connectors

Customer is responsible for enabling connectors, permissions, and third-party accounts. Intempt is not liable for third-party downtime, changes, or data loss caused by third parties.

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