Customer Terms of Service

Customer Terms of Service

These Customer Terms of Service (this “Agreement”) are between Shopsense, Inc., a Delaware corporation (“Shopsense”), and the business or organization agreeing to these terms and conditions in order to use the Shopsense Product (“Customer”) and contain the terms and conditions governing Customer’s access to and use of the Shopsense Product.

1. Shopsense Product

1.1. Provision of Shopsense Product. Subject to this Agreement, Shopsense will make the Shopsense Product available to Customer pursuant to this Agreement and the applicable Order Form, and hereby grants Customer a non-exclusive, non-transferable, non-sublicensable right to access and use the Shopsense Product and the Shopsense Technology Output only for the purposes expressly permitted under the applicable Order Form and Documentation during the subscription term, subject to any more restrictive licenses in this Agreement or the Order Form.

1.2. Integration Activities. For each Order Form, the parties agree to complete the integration of the Shopsense Product with the applicable Customer Offerings as set forth in the Documentation. Customer will, as part of such integration, provide Shopsense with the Customer Inputs necessary for Shopsense to complete such integration, and Shopsense will use the Customer Inputs to complete such integration.

1.3. Customer Responsibilities.

1.3.1. Cooperation and Access Security. Customer acknowledges that Shopsense’s provision of the Shopsense Product is dependent on Customer providing all reasonably required cooperation, and Customer will provide all such cooperation in a diligent and timely manner. Customer will: (a) prevent unauthorized access to or use of the Shopsense Product, maintain the confidentiality and security of all account credentials, access tokens, and application programming interface keys, restrict their use to personnel and contractors authorized to act on Customer’s behalf, remain responsible for all activities conducted using Customer’s accounts or credentials, and notify Shopsense promptly of any unauthorized access or use or any other known or suspected breach of security or misuse of the Shopsense Product; and (b) be responsible for obtaining and maintaining any equipment, software, and ancillary services needed to connect to, access, or otherwise use the Shopsense Product, including as set forth in the Documentation. Customer will be solely responsible for its failure to maintain such equipment, software, and services, and Shopsense will have no liability for such failure. As between the parties, Customer is responsible for the content and accuracy of Customer Inputs.

1.3.2. Product Listings. Customer will not place Product Listings adjacent to any content that: (a) promotes or contains content or activity that is defamatory, false (e.g., fake news), deceptive, obscene, hateful (e.g. hate speech), sexually explicit, violent (including the use of firearms), discriminatory, illegal, harmful, invasive of another’s privacy, threatening, abusive, harassing, or offensive; (b) contains, links to, uses, or otherwise causes the downloading of any malicious code; or (c) artificially increases impression, click, or engagement behavior for the purpose of increasing advertising or commerce revenue, including but not limited to, through made-for-advertising sites or automated or other invalid means.

1.4. Mutual Support. Each party will provide the other party with as-needed support (e.g., go-to-market, design, operational, basic troubleshooting, etc.) with respect to, in the case of Shopsense, the Shopsense Product or, in the case of Customer, the Customer Offerings, in each case by personnel who have been adequately trained for such purposes.

1.5. Personal Information. The parties agree not to send or share with each other personal information (as defined by applicable law, including the California Consumer Privacy Act of 2018) under this Agreement or otherwise, other than name and contact information of employees engaged in performing the parties’ obligations under this Agreement. Customer acknowledges that Search Inputs may contain personal information (as defined by applicable law, including the California Consumer Privacy Act of 2018 and its implementing regulations, as amended (the “CCPA”)) submitted by Users. To the extent Search Inputs contain personal information, Shopsense will process such personal information as a service provider (as defined by the CCPA) solely on Customer's behalf and solely for the purposes described in Section 3.5, and will not sell or share such personal information or retain, use, or disclose it for any other purpose, except that Shopsense may de-identify personal information and use such de-identified data as permitted under Section 3.5 and applicable law. If required by applicable law, the parties will enter into a separate data processing agreement, which will control with respect to its subject matter.

1.5.1. Service Provider Terms. Customer discloses personal information contained in Search Inputs to Shopsense solely for the limited and specified purposes described in Sections 1.5 and 3.5. With respect to such personal information, Shopsense will: (a) not retain, use, or disclose it outside the direct business relationship between Shopsense and Customer; (b) not combine it with personal information received from or on behalf of another person, or collected from Shopsense’s own interaction with a consumer, except as permitted by the CCPA; (c) provide the same level of privacy protection required of businesses under the CCPA; (d) notify Customer if Shopsense determines that it can no longer meet its obligations under the CCPA; and (e) upon Customer’s reasonable written request and receipt of information reasonably necessary to respond, provide reasonable assistance to enable Customer to comply with consumer requests under the CCPA. Subject to reasonable confidentiality and security restrictions, Customer may take reasonable and appropriate steps to verify that Shopsense’s processing is consistent with Customer’s obligations under the CCPA, including by requesting relevant documentation, and, upon notice of unauthorized use, may take reasonable and appropriate steps to stop and remediate such use. Shopsense may use subcontractors to process such personal information, provided that Shopsense notifies Customer of such use and binds each such subcontractor by a written contract that complies with applicable CCPA service-provider requirements.

1.6. Customer Related Entities. Any affiliate of Customer will have the right to enter into an Order Form executed by such affiliate and Shopsense, and this Agreement will apply to each such Order Form as if such affiliate were a signatory to this Agreement. With respect to such Order Forms, such affiliate becomes a party to this Agreement and references to Customer in this Agreement are deemed to be references to such affiliate. Each Order Form is a separate obligation of the Customer entity that executes such Order Form, and no other Customer entity has any liability or obligation under such Order Form.

2. Payments

2.1. Payments and Reports. Shopsense shall invoice Customer for the Shopsense Product specified in the applicable Order Form monthly in arrears within five (5) business days from the end of each calendar month. Customer will pay each invoice within thirty (30) days of its receipt of that invoice. Fees owed will be based on Shopsense’s books and records. If Customer has a reasonable basis to believe fees invoiced are inaccurate, it may notify Shopsense, and the parties will reasonably cooperate and share reporting and records in order to resolve the discrepancy. In the case of an underpayment, Shopsense will invoice Customer for the underpaid amounts, and in the case of an overpayment, Shopsense will reduce Customer’s next invoice by the overpayment (or if no future invoice is to be issued, will issue payment to Customer in a method as mutually agreed by the parties).

2.2. Taxes. Customer will pay all taxes (including excise, sales, use, consumption, value-added or withholding taxes), customs or import duties, or any other levies, tariffs, duties, or governmental fees that are due or payable in connection with this Agreement (“Tax”), with the exception of taxes on Shopsense’s net income. Each party agrees to cooperate in good faith with respect to reasonable requests from the other party regarding Tax-related forms, documentation, or other information relating to this Agreement that may be necessary or appropriate.

3. Proprietary Rights

3.1. Proprietary Rights. As between the parties, Shopsense exclusively owns all right, title, and interest in and to the Shopsense Product, System Data, and Shopsense’s Confidential Information, and Customer exclusively owns all right, title, and interest in and to the Customer Offerings, Customer Inputs, and Customer’s Confidential Information. “System Data” means data collected by Shopsense regarding the Shopsense Product that may be used to generate logs, statistics, or reports regarding the performance, availability, usage, integrity, or security of the Shopsense Product.

3.2. Shopsense Technology and Shopsense Technology Output. In addition, and as between the parties and subject to the rights of Shopsense’s licensors, Shopsense retains all right, title, and interest in and to the Shopsense Technology and Shopsense Technology Output, including all models, software, application programming interfaces, product graphs, taxonomies, datasets, identifiers, embeddings, scores, rankings, methodologies, technology, improvements, and derivative works embodied in or used to provide Shopsense Technology or Shopsense Technology Output. Customer retains its ownership of Customer Inputs and, subject to Customer’s compliance with this Agreement, owns the content, applications, user interfaces, and other materials created by Customer that incorporate Shopsense Technology Output; provided that such ownership does not include ownership of Shopsense Technology Output as a standalone asset or any right in Shopsense Technology or the underlying technology or data. No rights are granted to Customer except the limited rights expressly set forth in this Agreement and the applicable Order Form.

3.3. Feedback. Customer may from time to time provide Shopsense suggestions or comments for enhancements or improvements, new features or functionality, or other feedback (“Feedback”) with respect to the Shopsense Product. Shopsense will have full discretion to determine whether or not to proceed with the development of any requested enhancements, new features, or functionality. Shopsense will have the full, unencumbered right, without any obligation to compensate or reimburse Customer, to use, incorporate, and otherwise fully exercise and exploit any such Feedback in connection with its products and services. All Feedback is provided “AS IS” and Shopsense will not publicly identify Customer as the source of Feedback without Customer’s permission.

3.4. Product Improvement and Aggregated Insights. Customer further agrees that, notwithstanding anything to the contrary in this Agreement, Shopsense is hereby granted the right to aggregate, collect, retain, and analyze Customer Inputs and other information relating to the performance of the Shopsense Product and will be free (during and after the term hereof) to use such data and other information solely in an aggregated and anonymized format that does not identify Customer or any individual to provide and improve Shopsense’s products and services and to share publicly aggregated and anonymized information and insights. In no event will Shopsense use Customer Inputs to train generally-available foundation artificial intelligence models.

3.5. Search Inputs. Notwithstanding anything to the contrary in this Agreement, Customer grants Shopsense a non-exclusive, worldwide, royalty-free right to process, retain, and use Search Inputs: (a) to provide, maintain, secure, and support the Shopsense Product, including processing Search Inputs to generate and return Shopsense Technology Output; and (b) to improve the Shopsense Product and Shopsense's other products and services, provided that any such use for the benefit of Shopsense's other customers will be solely in a de-identified and aggregated form that does not include personal information or identify Customer, any Customer Offering, or any individual. Shopsense will not associate Search Inputs with any identified or identifiable individual or perform facial recognition on Search Inputs or generate or retain biometric identifiers or biometric information from Search Inputs. As between the parties, and subject to Shopsense's rights under this Section 3.5, Customer retains all right, title, and interest in and to Search Inputs.

4. Confidentiality; Restrictions

4.1. Confidentiality. Each receiving party agrees that it will use the Confidential Information of the disclosing party solely in accordance with the provisions of this Agreement, and it will not disclose the same to any third party without the disclosing party’s prior written consent, except as otherwise expressly permitted hereunder. However, the receiving party may disclose such Confidential Information: (a) to its employees and other representatives who have a need to know and are legally bound to keep such information confidential by confidentiality obligations consistent with those of this Agreement; and (b) as required by law (in which case the receiving party will provide the disclosing party with prior written notification thereof, will provide the disclosing party with the opportunity to contest such disclosure, and will use its reasonable efforts to minimize such disclosure to the extent permitted by applicable law). Neither party will disclose the terms of this Agreement to any third party, except that either party may confidentially disclose such terms to actual or potential lenders, investors, or acquirers.

4.2. Technology; Product Restrictions. Customer will not directly or indirectly: (a) reverse engineer, decompile, disassemble, modify, or create derivative works of the Shopsense Product; (b) attempt to probe, scan, or test the vulnerability of the Shopsense Product, breach the security or authentication measures of the Shopsense Product without proper authorization, or willfully render any part of the Shopsense Product unusable; (c) use or access the Shopsense Product to develop, or assist in the development of, any product, service, or feature (whether for commercial release or internal use) that competes with or may substitute for any product or service offered by Shopsense, or engage in competitive analysis or benchmarking; (d) transfer, distribute, resell, lease, license, or assign the Shopsense Product or otherwise offer the Shopsense Product on a standalone basis; (e) otherwise use the Shopsense Product in violation of applicable law (including any export law) or outside the scope expressly permitted hereunder and in the applicable Order Form; or (f) remove, alter, or obscure any proprietary notice included in the Shopsense Product, Shopsense Technology, or Shopsense Technology Output.

4.3. Shopsense Technology Data and Access Restrictions. Without limiting the restrictions above, Customer will not, and will not permit any third party to: (a) sell, resell, sublicense, distribute, disclose, make available, or otherwise commercialize Shopsense Technology or any Shopsense Technology Output, except to the extent that Shopsense Technology Output is incorporated into a Customer Offering as otherwise authorized under this Agreement or other use expressly permitted in the applicable Order Form; (b) copy, scrape, bulk extract, systematically download, retain, or cache Shopsense Technology Output except as expressly permitted in the Documentation or applicable Order Form, and except for transient processing and retention reasonably necessary to deliver Shopsense Technology Output to Users in response to a specific request; (c) use Shopsense Technology Output to create, populate, reconstruct, maintain, enrich, or otherwise modify or improve any standalone or competing data asset or data service, including any product catalog, product graph, knowledge graph, taxonomy, dataset, or database except as expressly permitted in the applicable Order Form; (d) share any account credentials, access tokens, or application programming interface keys with any unauthorized person; or (e) circumvent or attempt to circumvent any usage limit, rate limit, access control, or other technical restriction.

4.4. AI and Competitive Use Restrictions. Customer will not, and will not permit any third party to: (a) use Shopsense Technology, Shopsense Technology Output, or any results of an evaluation of Shopsense Technology to train, fine-tune, distill, validate, test, or otherwise develop or improve any machine learning model, artificial intelligence system, data service, or product or service that competes with or may substitute for Shopsense Technology or any other Shopsense product or service; (b) use Shopsense Technology or Shopsense Technology Output for competitive intelligence or for the benefit of a competitor of Shopsense; or (c) publish or disclose any benchmark, evaluation, or comparative analysis relating to Shopsense Technology without Shopsense’s prior written consent. Customer may conduct internal evaluations of Shopsense Technology solely to assess Shopsense Technology for a use permitted under this Agreement and the applicable Order Form, provided that the results are kept confidential and are not used for any purpose prohibited by this Section. Without limiting the foregoing, Customer will not permit any provider of an artificial intelligence (“AI”) service through which Customer accesses or processes Shopsense Technology or Shopsense Technology Output to use Shopsense Technology or Shopsense Technology Output to train, fine-tune, or improve any model, except for transient processing necessary to deliver responses to Users.

4.5. Injunctive Relief. In the event of actual or threatened breach of the provisions of this Section, Shopsense will be entitled to seek immediate injunctive and other equitable relief, without waiving any other rights or remedies available to it.

5. Warranties and Disclaimers

5.1. Mutual. Each party warrants that it has the legal power and authority to enter into this Agreement. Each party agrees to comply with its respective obligations under applicable law, rules, and regulations (including privacy law).

5.2. Customer. Customer warrants that: (a) the Customer Inputs, including Shopsense’s use of Customer Inputs as authorized under this Agreement, comply with all applicable laws, rules, and regulations; (b) it has all rights necessary to provide any information, data, properties, or other materials that it provides hereunder, including Customer Inputs, and to permit Shopsense to use the same as contemplated hereunder; (c) it will use industry-standard measures to avoid introducing viruses or other malicious code into the Shopsense Product; (d) the Customer Inputs will not include personal information (as defined by applicable law, including the California Consumer Privacy Act of 2018); and (e) it will maintain a privacy policy that accurately discloses the collection and processing of Search Inputs, and will provide all notices and obtain all consents required by applicable law for Shopsense's provision of the Shopsense Product and processing of Search Inputs as contemplated by this Agreement.

5.3. DISCLAIMERS. EXCEPT AS EXPRESSLY SET FORTH HEREIN, (A) EACH PARTY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE; AND (B) THE SHOPSENSE PRODUCT IS PROVIDED “AS IS” AND “AS AVAILABLE” AND SHOPSENSE DOES NOT REPRESENT OR WARRANT THAT THE SHOPSENSE PRODUCT WILL BE ERROR-FREE OR GENERATE ANY PARTICULAR AMOUNT OF REVENUE. SHOPSENSE IS NOT RESPONSIBLE OR LIABLE FOR ANY THIRD PARTY PLATFORMS AND DOES NOT GUARANTEE THE CONTINUED AVAILABILITY THEREOF OR ANY BUSINESS, COMMERCIAL, OR OTHER RESULT FROM USE OF THE SHOPSENSE PRODUCT.

6. Indemnification‍. Customer will defend Shopsense against any claim, demand, suit, or proceeding (“Claim”) made or brought against Shopsense by a third party arising out of: (a) the Customer Offerings; (b) violation of this Agreement, including use of the Shopsense Product by Customer not in accordance with this Agreement; (c) modification of the Shopsense Product by or on behalf of Customer; (d) Customer Inputs; and (e) Search Inputs, and Customer will indemnify Shopsense for any damages finally awarded against Shopsense (or any settlement approved by Customer) in connection with any such Claim.

7. Limitation of Liability‍. EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS OR CUSTOMER’S BREACH OF SECTION 4 (CONFIDENTIALITY; RESTRICTIONS), TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL EITHER PARTY BE LIABLE TO THE OTHER UNDER THIS AGREEMENT FOR: (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOSS OF USE, LOST PROFITS, OR INTERRUPTION OF BUSINESS, EVEN IF INFORMED OF THEIR POSSIBILITY IN ADVANCE; OR (B) ANY AGGREGATE LIABILITY IN EXCESS OF THE AMOUNTS PAID AND/OR PAYABLE BY CUSTOMER TO SHOPSENSE UNDER THE APPLICABLE ORDER FORM DURING THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

8. Termination

8.1. Term. The term of this Agreement will commence on the date Customer first accesses or uses the Shopsense Product and will continue until terminated as set forth below. If Customer and Shopsense have executed an Order Form, the term will commence on the Effective Date stated therein.

8.2. Termination. Each party may terminate this Agreement upon written notice to the other party if there are no Order Forms then in effect. Each party may also terminate this Agreement or the applicable Order Form upon written notice: (a) in the event that the other party commits any material breach of this Agreement or the applicable Order Form and fails to remedy such breach within thirty (30) days after written notice of such breach; or (b) subject to applicable law, upon the other party’s liquidation, commencement of dissolution proceedings, or assignment of substantially all its assets for the benefit of creditors, or if the other party becomes the subject of bankruptcy or similar proceeding that is not dismissed within sixty (60) days.

8.3. Effect of Expiration or Termination for Shopsense Technology. Upon expiration or termination of an Order Form that includes Shopsense Technology: (a) Customer’s rights to access and use Shopsense Technology and Shopsense Technology Output under that Order Form will immediately terminate, and Shopsense may disable all related accounts, credentials, access tokens, and application programming interface keys; (b) Customer will immediately cease accessing Shopsense Technology and using Shopsense Technology Output, except as expressly permitted below; (c) within thirty (30) days, Customer will delete all raw, cached, or separately stored Shopsense Technology Output in its possession or control and, upon Shopsense’s written request, certify such deletion in writing; and (d) Shopsense will have no obligation to provide continued access to, maintenance of, updates to, or replacements for any Shopsense Technology Output. Customer may continue to use Shopsense Technology Output that, before expiration or termination, was incorporated into Customer Offerings in accordance with this Agreement, solely as so incorporated and not as a standalone dataset or service; provided that this limited right will not apply following termination for Customer’s breach of this Agreement or if continued use would violate applicable law or third-party rights. Shopsense Technology Output retained solely in routine backup systems need not be deleted until deleted in the ordinary course, provided that it is not accessed or used for any other purpose.

8.4. Survival. Upon expiration or termination of this Agreement: (a) all rights and obligations will immediately terminate except that any terms or conditions that by their nature should survive such expiration or termination will survive, including the terms and conditions relating to payment, proprietary rights, confidentiality, technology restrictions, Shopsense Technology-related restrictions, post-termination obligations, disclaimers, indemnification, limitations of liability, termination, and the general provisions below; and (b) each receiving party will return or destroy, at the disclosing party’s option, any Confidential Information of such disclosing party in the receiving party’s possession or control.

9. General‍

9.1. Miscellaneous. This Agreement constitutes the entire agreement between the parties and supersedes all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter except as agreed and executed by the parties in an Order Form, or in written agreements expressly accepted and executed by both parties. This Agreement will be governed by the laws of the State of California, without regard to its conflict of law principles to the contrary. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision of this Agreement is held to be unlawful, void, or for any reason unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. No failure or delay by a party in exercising any right, power, or privilege under this Agreement will operate as a waiver thereof, and any waiver must be set forth in a signed writing. Customer agrees that, except as otherwise provided under this Agreement, all notices and other communications may be sent to Customer by e-mail to the email address in Customer’s account settings. Customer must send Shopsense all notices and other communications relating to Shopsense, the Shopsense Product, or this Agreement by using the Contact Us link found on Shopsense’s website as well as emailing notice@shopsense.ai. The parties are independent contractors and this Agreement does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. There are no third party beneficiaries to this Agreement. Shopsense may assign or transfer this Agreement, in whole or in part, without restriction, provided the assignee agrees to be fully bound by this Agreement. Shopsense may modify any of the terms and conditions contained in this Agreement at any time and in its discretion by posting a change notice or a new agreement on its website which will become effective as of the date of such posting. Shopsense reserves the right to modify or discontinue offering all or any part of the Shopsense Product at any time without notice. Customer acknowledges and agrees that Shopsense may use subcontractors to provide the Shopsense Product and perform its obligations under this Agreement. In this Agreement, “including” means “including without limitation”.

9.2. Force Majeure. Shopsense will not be liable for any failure or delay in performing under this Agreement, including providing access to the Shopsense Product, caused by events beyond its reasonable control, including acts of war, terrorism, natural disasters, labor interruptions, failures of communications or utilities, disease, or the unavailability of third-party data sources or services.

9.3. Order of Precedence. In the event of any conflict between the documents that make up this Agreement, the documents will control in the following order: (a) the Order Form; (b) this Agreement; and (c) the Documentation.

10. Definitions. The following terms, when used in this Agreement, will have the following meanings:

10.1. “Confidential Information” means any information disclosed by either party that is marked or otherwise designated as confidential or proprietary or that should otherwise be reasonably understood to be confidential in light of the nature of the information and the circumstances surrounding disclosure. However, “Confidential Information” will not include any information that: (a) is in the public domain through no fault of the receiving party; (b) was properly known to the receiving party, without restriction, prior to disclosure by the disclosing party; (c) was properly disclosed to the receiving party, without restriction, by another person with the legal authority to do so; or (d) is independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information.

10.2. “Documentation” means Shopsense’s usage documentation for the Shopsense Product.

10.3. “Order Form” means an order form or other similar document that sets forth the specific Shopsense Product to which Customer receives access, fees to be paid to Shopsense, the Customer Offerings which may include Shopsense Technology Output, and the subscription term, and that references this Agreement and is executed by the parties. ‍

10.4. “Product Listings” means any product result or recommendation, offer, image, price, description, or link returned by the Shopsense Product, whether or not sponsored or paid.

10.5. “Customer Inputs” means any and all data, content, and materials shared by or on behalf of Customer to Shopsense, whether to enable integration of the applicable Customer Offerings with the Shopsense Product or for analysis or processing by the Shopsense Product in order to generate Shopsense Technology Output, excluding Search Inputs.

10.6. “Customer Offerings” means any product, service, or experience that Customer operates or makes available to its Users, including any website, mobile, or desktop application, AI assistant, agent, or conversational interface, internal tool, or other digital product or experience, whether operated by Customer or on its behalf and regardless of where it is hosted or deployed.

10.7. “Shopsense Product” means the products and services identified in an applicable Order Form and made available by Shopsense under this Agreement.

10.8. "Shopsense Technology" means the proprietary models, software, data, and other technology used or made available by Shopsense in connection with any Shopsense Product.

10.9. “Shopsense Technology Output” means any Product Listings, data, results, responses, recommendations, classifications, product matches, identifiers, scores, rankings, metadata, or other information generated by or returned from the Shopsense Technology. Shopsense Technology Output does not include Search Inputs or Customer Inputs, even when they are reflected or reproduced in a response.

10.10. “Search Inputs” means queries, images, and other content submitted by or on behalf of Users to the Shopsense Product, regardless of whether such functionality is accessed through a Customer Offering or any other interface through which the Shopsense Product is made available.

10.11. “User” means any user of a Customer Offering that interacts with the Shopsense Product via such Customer Offering.

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