PROSHORT PRIVACY POLICY
We understand that the privacy of Your personal information and proprietary company data is important and hence we want to keep You informed and empowered with respect to your privacy on our website, https://app.proshort.ai/ (the “Website”), and our mobile application, Proshort Plus (the “App”) (collectively referred to as “Proshort”). This Privacy Policy (“Policy”) applies to Proshort and the related services provisioned through Proshort (the “Services”) operated and rendered by Proshort Inc. (“Company”). This Policy describes Proshort’s use and sharing of personally identifiable information submitted by its registered users receiving the Services or otherwise by any individuals using or accessing Proshort in any other manner (the “User(s)” or “You” or “Your”), such information being related to You or other Users downloading, accessing or using Proshort. The Services offered adhere to all the laws, rules, regulations and policies (“Applicable Laws”) with regard to the collection, use, disclosure, retention and protection of your information including Personal Data (as defined hereinafter), that Proshort is likely to have access to as a result of your use of Proshort.

By voluntarily availing/using Proshort and/or the Services, and/or providing data or other information via Proshort and/or the Services, you are indicating your consent to this Policy and agreement to be bound by its terms. Please take note that Proshort and/or the Services are not intended for, or designed to attract, individuals under the age of 18. We do not collect personally identifiable information from any person we actually know is an individual under the age of 18.

1. What the Company collects from You.

1.1. Any data about you, by which you, as a person can be identified, including without limitation, your name, gender, business name, residential or office address, email address, date of birth, date of incorporation of business, any identity proof number, phone number, job title, employee identity number, etc., to which Proshort has or is likely to have access to by virtue of your consensual submission will constitute your personally identifiable information (“Personal Data”). Personal Data will also include the information of such third parties that Proshort may have access to during the course of providing the Services to you. Proshort may also collect recurring information about your geographic locations on a continuous basis. Proshort collects such Personal Data from you because of your voluntary submission of such information in order to enjoy the Services

1.2. For the Users of Proshort and/or the Services, we collect information from the App, the Website, enquiry forms, contacts forms, and other tools, as applicable for servicing their requests and for the purpose of performing analytics. This includes, but is not limited to, first name, last name, office address, email address, company name, employee identity number, number of employees, phone numbers and job title. If you are a visitor to Proshort, we collect the information that you share in connection with your request for (i) help and support; (ii) additional information about Proshort and/or the Services; or (iii) accessing any resources such as newsletters, case studies or blogs.

1.3. Proshort may also collect such other anonymous data that is not associated with or linked to any Personal Data (“Anonymous Data”) and which, by itself, does not permit the identification of any individual User. Anonymous Data includes without limitation, unique identifiers of the device on which Proshort is installed, such as mobile advertising identifier, cookie identifier, VPN, information of Wi-Fi connectivity and such other similar information. Proshort may also store this unique identifier, at many times and create a profile for you based on such Anonymous Data.

1.4. Proshort does not collect or store passwords of the Users, however whenever you visit or utilize the Services, Proshort collects data such as log data, analytical code, time stamp, geo stamp, IP address, version and identification number of the App and device, browser type, browser language, the date and time of your request, your profile, search terms used, your mobile carrier data, platform type, number of clicks, requested status of other Users and various status information with regard to the Services provided through Proshort (“Usage Information”). Such Usage Information collected is not associated with any directly identifiable Personal Data and is only tagged to the unique identifier for a particular device.

1.5 Many of Proshort’s services are designed to improve your team’s performance on the basis of Proprietary Materials you share with us in the form of documents, videos, call recordings, sales records, and more. To make this possible, we store, process and transmit your shared Proprietary Materials as well as information related to it. Related information includes your profile information that makes it easier to analyze, recommend and collaborate around your materials. You may share Proprietary Materials with Proshort in a variety of ways, that include but are not limited to: direct upload of data to Proshort and integration with 3rd party services. Any 3rd party system you explicitly give Proshort API level read-access to may be used as a source of Proprietary Materials. Examples of 3rd Party Services where Proprietary Materials may be shared from include but are not limited to: Salesforce, Hubspot, Gong, Google Workspace, Microsoft OneDrive, and Atlassian Confluence.

Legitimate Interest

2.1. Our legitimate interest to collect and process the Personal Data and Proprietary Materials is to optimize Proshort and the Services, improve user experience and to improve our internal process efficiency. These activities are necessary to fulfil our interest in creating a better platform and helping us create better technology and better communications.

2.2. Our legitimate interest to collect and process information made available through the use of Cookies (defined below) is to optimize our products and services, increase user experience, enhance our customer support and improve our internal process efficiency.

2.3. We use your Personal Data to send marketing communications about our products and services and offerings from our affiliates. We may send these communications via email, post or call. As for most companies, our ability to market our products and services is necessary for our commercial interests and may allow us to expand our customer base.

2.5. For any uses on the basis of legitimate interest, we conduct a legitimate interest assessment to ensure that such processing isn't overridden by your rights or interests.

How we collect Personal Data.

3.1.Following are the ways we collect your Personal Data:

1. We may collect various information, depending on the manner in which you contact us (e.g., if you send us an email, we will collect your email address; if you solicit for a job, we will collect your details as provided in your application) and the reason for contacting us. In any case, we will collect your contact details to be able to respond and further communicate with you. This is when you contact us with your questions, comments, ideas, complaints, or otherwise communicate with us.

2. When you subscribe to our newsletters and updates mailing list or access any of our resources (such as case studies, e-books or blogs), we will collect your first and last names and your email address.

3. When you submit a support ticket with us, we will collect your first and last names and your email address so that we can respond to your support ticket.

4. When you visit Proshort, we may also collect certain data from your computer and internet connection, including the IP address of your computer, the date and time you accessed Proshort, the device you are using (such as a laptop, tablet or smartphone) and your movements and preferences on Proshort.

5. When you sign up to use the Services, we will collect certain usage statistics and analytics that consist of Personal Data (such as your name, company name, job title, certification, activities etc.).

6. We may receive Personal Data from other sources such as marketing partners, social media platforms, talent acquisition partners, from your co-workers and friends, as well as from other third parties. We may also receive data from publicly available sources.

7. We may collect Personal Data about you offline, such as when you attend one of our events or visit our exhibition booths, or call our customer service representatives, as applicable.

8. We may collect information from your visits to Proshort or your usage of Proshort and/or the Services to help us improve and optimize Proshort and the Services, understand the performance of our products and services and provide a better experience, service and to make Proshort as user friendly and purposeful as possible. However, we keep the information anonymous. We may use this data to analyse trends and statistics, to help us provide better user experience and service and for further development of our products and solutions and improvement of our services.

3.2. If you submit any Personal Data relating to other people to us in connection with our Services or talent acquisition, you represent that you have the authority to do so and permit us to use the information in accordance with this Privacy Policy.

3.3. Our use of Cookies: We use Cookies on Proshort. Cookies are small text files that Proshort or your browser through which you avail the Services saves on your computer and mobile device, which allow an analysis of your usage (“Cookies”). Proshort uses Cookies on your device through which Proshort is accessed for (a) providing the Services; and/ or (b) allowing you to enter your password less frequently during a session. Cookies contain information about your device and your connection to the Internet, such as IP address, operating system and browser used. We use our access to the information in the Cookies to optimize our offering on Proshort, to present appropriate content to Users easily, and to improve our advertising and marketing. This is done as follows: Most of the Cookies we use are so-called Session Cookies, which are automatically deleted by your browser after the end of your visit to Proshort. Session Cookies provide us with information about User behaviour on Proshort, which we analyse. With the knowledge gained, we will make Proshort more user-friendly, place important content on Proshort and develop our marketing strategies according to the interests of our target audience. Other Cookies are stored longer on your device and allow us to recognize you as a user of Proshort. By adjusting the settings in your browser, you can prevent the installation of Cookies. As a resultant effect of non-use of Cookies, you may not be able to use certain features on Proshort and you may be required to re-enter your password more frequently during a session.

How the Information Collected is being Used.

4.1. We use Personal Data only when we are allowed to by law and only for the purposes for which we collected it. Most commonly, the purposes are the performing of a contract with you or your employer, the consent you gave to us, and when we need to comply with legal or regulatory obligations.

4.2. Proshort may use the Personal Data and other information collected as mentioned above for any of the following purposes:

1. to log you in to Proshort;

2. to effectively provide the Services;

3. to allow you to participate in surveys regarding Services;

4. to respond to your inquiries;

5. to send administrative information to you, such as the Services and changes to our terms and conditions or policies (including this Policy);

6. to maintain the quality of the Services and provide general statistics regarding their use;

7. to deliver the Services, including email notifications, confirmations, technical notices, updates, security alerts, and support and administrative messages that you may request;

8. to allow you to navigate through Proshort and perform all the functionalities of our products and/or services;

9. to send marketing communications that may be relevant to you;

10. archival or backup purposes;

11. for our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving and modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities;

12. to understand your use of Proshort and/or the Services;

13. as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal processes; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our Terms of Service; (e) to protect our operations and those of any of our affiliates; (f) to protect our rights, privacy, safety and property, and that of our affiliates, you and others; and (g) to allow us to pursue available remedies and limit the damages that we may sustain;

14. to alert you about updated information and other such new or updated services that may be offered by Proshort;

15. to allow access to exclusive features or functionalities of Proshort; and

16. to resolve disputes, collect fees and troubleshoot problems.

4.3 We store and process your Proprietary Materials solely to deliver and improve our services to you and your organization. We will not process your shared Proprietary Materials in such a way that it directly improves our services for other customers. Proshort will NOT use shared Proprietary Materials to develop, improve or train generalized AI and/or ML models. Proshort may use shared Proprietary Materials to improve the experience around personalized AI and/or ML models used by you and your organization specifically. This applies to specific Proprietary Materials you upload to Proshort, and Proprietary Materials you grant Proshort permission to access from third party systems, as described in section 1.5.

Sharing of the Collected Information.

5.1.Proshort may share the Personal Data received from you:

1. With the Company’s affiliates in connection with matters relating to the consumption of Services by you; to help detect and prevent identity theft, fraud and other potentially illegal acts; to prevent abuse of Services; and to facilitate joint or co-branded services that you request, where such services are provided by more than one corporate entity other than the Company; and

2. If required to do so by law or regulation; to its legal counsel, law enforcement officers, governmental authorities who have asserted their lawful authority to obtain the information or where the Company has in good faith reasonable grounds to believe that such disclosure is reasonably necessary to enforce its Terms of Service available at the Website (“Terms of Service”) or this Privacy Policy.

3. The Company shall not rent, sell, or otherwise provide Personal Data received from you to third parties without your consent, except as described in this Policy or as required by law. However, the Company and its affiliates reserve the right to share, sell and transfer some or all of the Personal Data to other business entities should the Company, or its assets, plan to merge with, or be acquired by that business entity.

Security of Personal Information and Proprietary Materials.

6.1. The Company has implemented commercially reasonable physical, managerial, operational and technical security measures to protect the loss, misuse, alteration and security of the Personal Data received from you and in the Company’s possession. The Company’s security practices and procedures limit access to Personal Data and Proprietary Materials on need-to-know basis only. Such measures may include, where appropriate, the use of firewalls, secure server facilities, implementing proper access rights, management systems and processes, careful selection of processors, standard authentication and encryption policies for its servers and other technically and commercially reasonable measures.

6.2. The Company is committed to protecting the security of any Personal Data and Proprietary Materials and uses reasonable efforts including a variety of security technologies and procedures to help protect such Personal Data and Proprietary Materials from any unauthorized access, use or disclosure. The Company will take all reasonable measures in furtherance of the above commitment. However, the Company cannot guarantee that the Personal Data and Proprietary Materials received from you and other information stored on the servers will be absolutely protected. Company’s systems and the communications networks through which you access Proshort may be subject to security breaches and failures due to circumstances beyond Company’s reasonable control. These may include computer “hacking”, data theft or/and physical theft among others. In such situations, the Company will try to rectify the issues as soon as possible.

6.3. Any data destroyed shall be disposed of in a manner that protects the privacy of the Personal Data and Proprietary Materials received by Proshort from you in an appropriate manner as per the industry standard practices and norms.

6.4. The User hereby acknowledges and understands that all Personal Data and Proprietary Materials provided in using the App is with their knowledgeable consent and at the User’s own risk.

Your Obligation.

7.1. As a registered user of the Services, you have certain obligations to other users. Some of these obligations are imposed by Applicable Law and regulations, and others have become commonplace for Services as offered by Proshort:

1. You must, at all times, abide by the terms and conditions of the then prevailing version of this Policy and the Terms of Service. This includes respecting all intellectual property rights that may belong to third parties;

2. You must not upload or insert any comments or remarks on Proshort that may be deemed to be injurious, violent, offensive, racist or xenophobic, or which may otherwise violate the purpose and spirit of Proshort, the Company and its community of users; and

3. You must keep your username and passwords confidential and not share it with others.

7.2. All information given must be genuine and true to your best knowledge. The Company shall not be held responsible in case of any fraudulent information given at the time of registration for using Proshort.

7.3. Any violation of the guidelines as mentioned in this Section 7 may lead to the restriction, suspension or termination of your Account with Proshort, at the sole discretion of the Company.

Retention and deletion of Personal Data and Proprietary Materials.

We only store your Personal Data and Proprietary Materials for as long as it is necessary to achieve the purposes mentioned here or as per the storage periods required by law, whichever is longer. After discontinuation of the respective purpose or expiry of these deadlines, the corresponding data will be blocked or deleted in accordance with the statutory provisions.

If you would like to request the expedited the deletion of your data, please contact us at support@proshort.ai.

Your Rights.

9.1. You may access the Personal Data we hold about you at any time via your profile/account on Proshort or by contacting us directly. We will be happy to correct, edit, limit, or delete your Personal Data at your request, provided that no statutory storage requirements are in conflict. You can also contact us to update or correct any inaccuracies in your Personal Data. If your Personal Data stored with us has been processed incorrectly, out-of-date, or unlawfully, you can restrict its processing by us. Finally, you may change or revoke your consent to the processing of your Personal Data at any time with future effect. In certain situations, when the Personal Data we hold about you is no longer relevant or is incorrect, you can request that we erase your data. You have the right to complain about the improper processing of your Personal Data (such as collection, storage, modification, transfer, deletion, etc.). You may contact us at support@proshort.ai or at the address listed below anytime for any other queries/requests you may have about your Personal Data and our use of such Personal Data.

9.2. Your Rights Under GDPR You have certain rights if you are within the EU and this includes the following and to exercise these you may contact support@proshort.ai

1. Right to access.This right allows you to obtain a copy of your personal data, as well as other supplementary information.

2. Right to restrict processing.You have the right to restrict the processing of your personal data in certain circumstances.

3. Right to rectification.You have the right to have any incomplete or inaccurate information we hold about you corrected.

4. Right to object to processing.The right to object allows you to stop or prevent us from processing your personal data. This right exists where we are relying on a legitimate interest as the legal basis for processing your Personal Data. You also have the right to object where we are processing your Personal data for direct marketing purposes.

5. Right to erasure.You have the right to ask us to delete or remove Personal data when the personal data is no longer necessary for the purpose which you originally collected or processed.

9.3. We will take reasonable steps to ensure the accuracy and completeness of the Personal Data that we hold. However, if a person believes that any Personal Data that we hold about him/her is inaccurate or out of date, they should contact us in writing at the following address:

Proshort Inc.

Address: 11764 Ridge Creek CT Cupertino, CA 95014

10. Transfer and Storage of Data.

In the process of providing Services to you efficiently, Proshort may transfer the Personal Data and Proprietary Materials and other information that it collects to our affiliated entities or other third parties across borders, and from your country or jurisdiction to other countries or jurisdictions around the world, including the United States. You understand, acknowledge and consent to transferring information and permitting the transfer of information, including Personal Data and Proprietary Materials, to a country and jurisdiction that does not have the same data protection laws as your jurisdiction. You hereby consent to the transfer of your information across countries or jurisdictions around the world. We will only transfer your information to these countries, where permitted to do so by law and we will take steps intended to ensure that your information continues to receive appropriate protections. We store your data on our servers and third-party servers which are based throughout the world.

11. Governing Law

The usage of the Services is exclusively governed by the laws of the State of California, United States and the jurisdiction of the competent courts in the State of California. The Company expressly disclaims any implied warranties or liabilities imputed by the laws of any other jurisdiction.

12. Modifications

Any changes in this Policy by the Company shall be posted on the Website so that you are always aware of what information Proshort collects, uses, and under what circumstances, if any, Proshort may disclose it. You should periodically review the above mentioned page for the latest information on Proshort’s privacy practices. Once posted, those changes are effective immediately. Continued access or use of Proshort constitutes your acceptance of the changes and the amended Policy.

13. Third Party Application Stores

The App can be downloaded from third party application stores including Google Play Store, and Apple App Store. The App may contain links to other third-party websites that may collect the Personal Data. The User agrees to comply with all third-party privacy policies, if any, applicable to the use of such applications or its services. The Company is not responsible for the User’s use of any third-party product and/or service including the terms and conditions, privacy practices or the content of those linked websites or such third-party product and/or service or violation and infringement of any third party rights, policies, terms and conditions in connection with access, download or installation of such mobile applications.

14. Advertisements

Proshort may use third-party advertising companies to serve advertisements on Proshort. These companies may use information (not including directly identifiable Personal Data such as name, address, email address, or telephone number of the User) about your visits to Proshort and other websites in order to provide advertisements about goods and services of interest to you.

15. GDPR Privacy

Legal Basis for Processing Personal Data under GDPR

We may process Personal Data under the following conditions:

1. Consent: You have given Your consent for processing Personal Data for one or more specific purposes.

2. Performance of a contract: Provision of Personal Data is necessary for the performance of an agreement with You and/or for any pre-contractual obligations thereof.

3. Legal obligations: Processing Personal Data is necessary for compliance with a legal obligation to which the Company is subject.

4. Vital interests: Processing Personal Data is necessary in order to protect Your vital interests or of another natural person.

5. Public interests: Processing Personal Data is related to a task that is carried out in the public interest or in the exercise of official authority vested in the Company

6. Legitimate interests: Processing Personal Data is necessary for the purposes of the legitimate interests pursued by the Company.

7. In any case, the Company will gladly help to clarify the specific legal basis that applies to the processing, and in particular whether the provision of Personal Data is a statutory or contractual requirement, or a requirement necessary to enter into a contract.

16. Your Rights under the GDPR

The Company undertakes to respect the confidentiality of Your Personal Data and to guarantee You can exercise Your rights.

You have the right under this Privacy Policy, and by law if You are within the EU, to:

1. Request access to Your Personal Data. The right to access, update or delete the information We have on You. Whenever made possible, you can access, update or request deletion of Your Personal Data directly within Your account settings section. If you are unable to perform these actions yourself, please contact Us to assist You. This also enables You to receive a copy of the Personal Data We hold about You.

2. Request correction of the Personal Data that We hold about You. You have the right to have any incomplete or inaccurate information We hold about You corrected.

3. Object to processing of Your Personal Data. This right exists where We are relying on a legitimate interest as the legal basis for Our processing and there is something about Your particular situation, which makes You want to object to our processing of Your Personal Data on this ground. You also have the right to object where We are processing Your Personal Data for direct marketing purposes.

4. Request erasure of Your Personal Data. You have the right to ask Us to delete or remove Personal Data when there is no good reason for Us to continue processing it

5. Request the transfer of Your Personal Data. We will provide to You, or to a third-party You have chosen, Your Personal Data in a structured, commonly used, machine-readable format. Please note that this right only applies to automated information which You initially provided consent for Us to use or where We used the information to perform a contract with You.

6. Withdraw Your consent. You have the right to withdraw Your consent on using your Personal Data. If You withdraw Your consent, We may not be able to provide You with access to certain specific functionalities of the Service.

17. Questions/Grievances

Any grievances or questions regarding this statement should be directed to the following e-mail address:

support@proshort.ai

PROSHORT DATA PROTECTION ADDENDUM
This Data Protection Addendum (“Addendum“) between Proshort Inc. (“Proshort.ai”) and the Customer (as defined in the Agreement) forms part of the Proshort Inc. Terms of Service set forth at https://proshort.ai/terms-and-conditions or such other written or electronic agreement incorporating this Addendum, in each case governing Customer’s access to and use of the Services (the “Agreement”)Customer enters into this Addendum on behalf of itself and any Affiliates authorized to use the Services under the Agreement and who have not entered into a separate contractual arrangement with Proshort.ai. For the purposes of this Addendum only, and except where otherwise indicated, references to “Customer” shall include Customer and such Affiliates.The Parties hereby agree that the terms and conditions set out below shall be added as an Addendum to the Agreement.1. DefinitionsIn this Addendum, the following terms shall have the meanings set out below and cognate terms shall be construed accordingly:1.1. “Affiliate" means an entity that owns or controls, is owned or controlled by or is or under common control or ownership with either Customer or Proshort.ai (as the context allows), where control is defined as the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through ownership of voting securities, by contract or otherwise;1.2. "Customer Personal Data" means any Personal Data provided by or made available by Customer to Proshort.ai or collected by Proshort.ai on behalf of Customer which is Processed by Proshort.ai to perform the Services;1.3. "Controller to Processor SCCs" means the standard contractual clauses for cross-border transfers published by the European Commission on June 4, 2021 governing the transfer of European Area Personal Data to Third Countries as adopted by the European Commission, the Swiss Federal Data Protection and Information Commissioner (“Swiss FDPIC”) relating to data transfers to Third Countries (collectively “EU SCCs”); (ii) the international data transfer addendum (“UK Transfer Addendum”) adopted by the UK Information Commissioner’s Office (“UK ICO”) for data transfers from the UK to Third Countries; or (iii) any similar such clauses adopted by a data protection regulator relating to Personal Data transfers to Third Countries, including without limitation any successor clauses thereto;1.4. "Data Protection LGCP" means any local, state, or national law regarding the processing of Personal Data applicable to Proshort.ai in the jurisdictions in which the Services are provided to Customer, including, without limitation, privacy, security, and data protection law;1.5. “EU Area” means the European Union, European Economic Area, United Kingdom, and Switzerland;1.6. “EU Area Law” means (i) Directive 95/46/EC and, from May 25, 2018, Regulation (EU) 2016/679 ("EU GDPR") together with applicable legislation implementing or supplementing the same or otherwise relating to the processing of Personal Data of natural persons; (ii) the Data Protection Act 1998 of the United Kingdom and the EU GDPR as saved into United Kingdom Law by virtue of section 3 of the United Kingdom’s European Union (Withdrawal) Act 2018 (the “UK GDPR”); (iii) the swiss Federal Data Protection Act of 19 June 1992 and its Ordinance (“Swiss DPA”); (iv) any other law relating to the data protection, security, or privacy of individuals that applies in the EU Area; or (v) any successor or amendments thereto (including, without limitation, implementation of the EU GDPR by Member States into their national law);1.7. "Services" means the services to be supplied by Proshort.ai to Customer or Customer’s Affiliates pursuant to the Agreement; and1.8. “Third Country” means countries that, where required by applicable Data Protection LGCP, have not received an adequacy decision from an applicable authority relating to cross-border data transfers of Personal Data, including regulators such as the European Commission, UK ICO, or Swiss FDPIC.The terms “Business”, “Business Purpose”, “commercial purpose”, “Contractor”, "Controller", "Data Subject", "Personal Data", "Personal Data Breach", "Process", "Processor", “Sell”, “Service Provider”, “Share”, “Subprocessor”, "Supervisory Authority", and “Third Party” have the same meanings as described in applicable Data Protection LGCP and cognate terms shall be construed accordingly. Capitalized terms not otherwise defined in this Addendum shall have the meanings ascribed to them in the Agreement.2. Roles of the PartiesThe Parties acknowledge and agree that with regard to the Processing of Customer Personal Data, and as more fully described in Annex 1 hereto, Customer acts as a Business or Controller, and Proshort.ai acts as a Service Provider or Processor. This Addendum shall apply solely to the Processing of Customer Personal Data by Proshort.ai acting as a Processor, Subprocessor, or Third Party (as specified in Annex 1). The Parties expressly agree that Customer shall be solely responsible for ensuring timely communications to Customer's Affiliates or the relevant Controller(s) who receive the Services, insofar as such communications may be required or useful in light of applicable Data Protection LGCP to enable Customer's Affiliates or the relevant Controller(s) to comply with such LGCP.3. Description and Purpose of Personal Data ProcessingIn Annex 1 to this Addendum, the Parties have mutually set out their understanding of the subject matter and details of the Processing of the Customer Personal Data to be Processed by Proshort.ai pursuant to this Addendum. The Parties may make reasonable amendments to Annex 1 on mutual written agreement and as reasonably necessary to meet those requirements. Annex 1 does not create any obligation or rights for any Party. The purpose of Processing under this Addendum is the provision of the Services pursuant to the Agreement and any Order Form(s)4. Data Processing TermsCustomer shall comply with all applicable Data Protection LGCP in connection with the performance of this Addendum and the Processing of Customer Personal Data. In connection with its access to and use of the Services, Customer shall Process Customer Personal Data within such Services and provide Proshort.ai with instructions in accordance with applicable Data Protection LGCP. As between the Parties, Customer shall be solely responsible for compliance with applicable Data Protection LGCP regarding the collection of and transfer to Proshort.ai of Customer Personal Data. Customer agrees not to provide Proshort.ai with any data concerning a natural person's health, religion or any special categories of data as defined in Article 9 of the GDPR.Proshort.ai shall comply with all applicable Data Protection LGCP in the Processing of Customer Personal Data and Proshort.ai shall:Process the Customer Personal Data for the purposes of the Agreement and for the specific purposes in each case as set out in Annex 1 to this Addendum and otherwise solely on the documented instructions of Customer, for the purposes of providing the Services and as otherwise necessary to perform its obligations under the Agreement. The Agreement, this Addendum, and Customer’s use of the Services’ features and functionality are Customer’s written instructions to Proshort.ai in relation to Processing Customer Personal Data, including as follows:Proshort.ai shall use, retain, disclose, or otherwise Process Customer Personal Data only on behalf of Customer and for the specific business purpose of providing the Services and in accordance with Customer’s instructions, including as described in the Agreement. Proshort.ai shall not Sell or Share Customer Personal Data, nor use, retain, disclose, or otherwise Process Customer Personal Data outside of its business relationship with Customer or for any other purpose (including Proshort.ai’s commercial purpose) except as required or permitted by law. Proshort.ai shall immediately inform Customer (a) if Proshort.ai determines that it is no longer able to meet its obligations under Data Protection LGCP or (b) if, in Proshort.ai's opinion, an instruction infringes applicable Data Protection LGCP. Customer reserves the right to take reasonable and appropriate steps to ensure Graphite’s Processing of Customer Personal Data is consistent with Customer’s obligations under Data Protection Law and discontinue and remediate unauthorized use of Customer Personal Data;Proshort.ai shall have rights to process Customer Personal Data solely (i) to the extent necessary to (a) perform the Business Purposes and its obligations under the Agreement; (b) operate, manage, test, maintain and enhance the Services including as part of its business operations; (c) to disclose aggregate statistics about the Services in a manner that prevents individual identification or re-identification of Customer Personal Data, including without limitation any individual device or individual person; and/or (d) protect the Services from a threat to the Services or Customer Personal Data; or (ii) if required by court order of a court or authorized governmental agency, provided that prior notice first be given to Customer; (iii) as otherwise expressly authorized by Customer;Proshort.ai will not combine Customer Personal Data which Proshort.ai Processes on Customer’s behalf, with Personal Data which it receives from or on behalf of another person or persons, or collects from its own interaction with individual, provided that Graphite may combine personal information to perform any Business Purpose permitted or required under the Agreement to perform the Services;implement and maintain measures designed to ensure that Proshort.ai personnel authorized to process the Customer Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality unless disclosure is required by law or professional regulations;implement and maintain the technical and organizational measures set out in the Agreement, and, taking into account the state of the art, the costs of implementation and the nature, scope, context and purposes of Processing as well as the risk of varying likelihood and severity for the rights and freedoms of natural persons, implement and maintain any further commercially reasonable and appropriate administrative, technical, and organizational measures designed to ensure a level of security appropriate to the risk of the Processing of Customer Personal Data in accordance with Article 32 of the GDPR, and specifically:pseudonymization and encryption of Customer Personal Data;ensuring ongoing confidentiality, integrity, availability and resilience of Proshort.ai’s processing systems and services that process Customer Personal Data;restoring availability and access to Customer Personal Data in a timely manner in the event of a physical or technical incident; andregularly testing, assessing and evaluating the effectiveness of technical and organizational measures for ensuring the security of the processing of the Customer Personal Data.Customer hereby agrees that Proshort.ai is generally authorized to engage and appoint Sub-processors, and specifically the Sub-processors listed in Annex 2 hereto, subject to Proshort.ai's:notifying Customer at least thirty (30) calendar days in advance of any intended changes or additions to its Sub-processors listed in Annex 2 by emailing notice of the intended change to Customer;including data protection obligations in its contract with each Sub-processor that are materially the same as those set out in this Addendum; andremaining liable to Customer for any failure by each Sub-processor to fulfill its obligations in relation to the Processing of the Customer Personal Data.In relation to any notice received under section 4.2(d)(i), Customer shall have a period of 30 (thirty) days from the date of the notice to inform Proshort.ai in writing of any reasonable objection on data protection grounds to the use of that Sub-processor. The parties will then, for a period of no more than 30 (thirty) days from the date of Customer's objection, work together in good faith to attempt to find a commercially reasonable solution for Customer which avoids the use of the objected-to Sub-processor. Where no such solution can be found, either Party may (notwithstanding anything to the contrary in the Agreement) terminate the relevant Services immediately on written notice to the other Party, without damages, penalty or indemnification whatsoever (but without prejudice to any fees incurred by Customer prior to termination);to the extent legally permissible, promptly notify Customer in case of any legally binding requests (i.e., disclosures required by law, court order, or subpoena) for disclosure of Customer Personal Data by Proshort.ai. In case if it is not legally binding then Customer Personal Data would not be disclosed and Proshort.ai will notify the Customer of such request rejection. A record of all legally binding disclosure requests relating to Customer Personal Data shall be maintained.to the extent legally permissible, promptly notify Customer of any communication from a Data Subject regarding the Processing of Customer Personal Data, or any other communication (including from a Supervisory Authority) relating to any obligation under the applicable Data Protection LGCP in respect of the Customer Personal Data. Proshort.ai will not respond to any such request or complaint unless expressly authorized to do so by Customer or is otherwise required to respond under applicable Data Protection LGCP. Taking into account the nature of the Processing, Proshort.ai will reasonably assist Customer (or the relevant Controller) by appropriate technical and organizational measures, insofar as this is possible, for the fulfillment of Customer's, Customer's Affiliates' or the relevant Controller(s)' obligation to respond to requests for exercising the data subject's rights laid down in Chapter Ill GDPR. Customer agrees to pay Proshort.ai for time and for out of pocket expenses incurred by Proshort.ai in connection with the performance of its obligations under this Section 4.2(e);upon Proshort.ai's becoming aware of a Personal Data Breach involving Customer Personal Data, notify Customer without undue delay, of any Personal Data Breach involving Customer Personal Data, such notice to include, to the extent reasonably available to Proshort.ai, all timely information reasonably required by Customer (or the relevant Controller) to comply with its data breach reporting obligations under the applicable Data Protection LGCP. Proshort.ai shall further take all such measures and actions as are necessary to remedy or mitigate the effects of such Security Incident and shall keep Customer reasonably informed of developments concerning Customer Personal Datato the extent required by the applicable Data Protection LGCP, provide reasonable assistance to Customer, Customer's Affiliates' or the relevant Controller(s)' with its obligations pursuant to Articles 32 to 36 of the GDPR taking into account the nature of the Processing and information available to Proshort.ai; Customer agrees to pay Proshort.ai for time and for out of pocket expenses incurred by Proshort.ai in connection with any assistance provided in connection with Articles 35 and 36 of the GDPR;cease Processing the Customer Personal Data upon the termination or expiry of the Agreement, and at option of Customer, Customer's Affiliates or the relevant Controller(s) either return or delete (including by ensuring such data is in non-readable format) all copies of the Customer Personal Data Processed by Proshort.ai, unless (and solely to the extent and for such period as) applicable law requires Proshort.ai to retain some or all of the Customer Personal Data. Any such Customer Personal Data retained shall remain subject to the obligations of confidentiality set forth in the Agreement; andfor our business purposes, such as data analysis, audits, fraud monitoring and prevention, developing new products, enhancing, improving and modifying our Services, identifying usage trends, determining the effectiveness of our promotional campaigns and operating and expanding our business activities;Proshort.ai shall maintain the necessary records in support of demonstrating compliance with its obligations (as specified in the applicable contract) for the processing of Customer Personal Data carried out on behalf of the Customer.as we believe to be necessary or appropriate: (a) under applicable law, including laws outside your country of residence; (b) to comply with legal processes; (c) to respond to requests from public and government authorities including public and government authorities outside your country of residence; (d) to enforce our Terms of Service; (e) to protect our operations and those of any of our affiliates; (f) to protect our rights, privacy, safety and property, and that of our affiliates, you and others; and (g) to allow us to pursue available remedies and limit the damages that we may sustain;make available to Customer all information reasonably necessary to demonstrate compliance with this Addendum and allow for and contribute to audits, including inspections, by Customer, or an independent third party auditor mandated by Customer, provided that Customer gives Proshort.ai reasonable prior notice of its intention to audit, conducts its audit during Proshort.ai’s normal business hours, and takes all reasonable measures to prevent unnecessary disruption to Proshort.ai’s operations. For the purposes of demonstrating compliance with this Addendum under this Section 4.2(i), the Parties agree that in the first instance, once per year during the term of the Agreement (except if and when required by instruction of a competent Supervisory Authority or where Customer believes a further audit is necessary due to a Personal Data Breach concerning Customer Personal Data suffered by Proshort.ai), Proshort.ai will provide to Customer responses to cybersecurity and other assessments and only where Customer cannot establish Proshort.ai’s compliance with this Addendum from Proshort.ai’s responses shall Customer request to inspect Proshort.ai’s processing operations. Customer agrees to pay Proshort.ai for time and for out of pocket expenses incurred by Proshort.ai in connection with assistance provided in connection with such audits, responses to cybersecurity and other assessments.5. Restricted TransfersThe parties agree that when the transfer of Customer Personal Data from Customer and/or any of its Affiliates (as exporter) to Proshort.ai (as importer) is a Restricted Transfer and EU Area Law applies, the transfer shall be subject to the appropriate Controller to Processor SCCs, which shall be deemed incorporated into and form part of this Addendum as follows:In relation to Customer Personal Data that is protected by the EU GDPR and processed by Proshort.ai on behalf of and under the instruction of Customer, the EU SCCs will apply completed as follows:Module Two will apply (controller to processor transfers);In Clause 7, the optional docking clause will apply;In Clause 9, Option 2 will apply, and the time period for prior notice of sub-processor changes shall be as set out in Section 4.2(d) of this Addendum;In Clause 11, the optional language will not apply;In Clause 17, Option 1 will apply, and the EU SCCs will be governed by Irish law;In Clause 18(b), disputes shall be resolved before the courts of the Republic of Ireland;Annex I of the EU SCCs shall be deemed completed with the information set out in Annex 1 to this Addendum; andAnnex II of the EU SCCs shall be deemed completed with the information set out in Section 4 of Annex 1 to this Addendum.In relation to Customer Personal Data that is protected by the Swiss DPA, the EU SCCs shall apply in accordance with Section 5.1(a) of this Addendum, but with the following modifications:Any references in the EU SCCs to “Regolation (EU) 2016/679” shall be interpreted as references to the Swiss DPA and the equivalent articles or sections therein;Any references to “EU”, “Union”, “Member State”, and “Member State law” shall be interpreted as references to Switzerland and Swiss law, as the case may be;Any references to the “competent supervisory authority” and “competent courts” shall be interpreted as references to the relevant data protection authority and courts in Switzerland; andThe Controller to Processor SCCs shall be governed by the lGCP of Switzerland and disputes shall be resolved before the competent Swiss Courts.In relation to Customer Personal Data that is protected by the UK GDPR, the EU SCCs shall apply in accordance with Section 5.1(a) of this Addendum, but as modified and interpreted by the Part 2: Mandatory Clauses of the UK Addendum, which shall be incorporated into and form an integral part of this Addendum. Any conflict between the terms of the EU SCCs and the UK Addendum shall be resolved in accordance with Section 10 and Section 11 of the UK Addendum. In addition, tables 1 to 3 in Part 1 of the UK Addendum shall be completed respectively with the information set out in Annex I of this Addendum, and table 4 in Part 1 of the UK Addendum shall be deemed completed by selecting both “Importer” and “Exporter”.Proshort.ai shall not participate in any other Restricted Transfers of Customer Personal Data (whether as an importer or an exporter of the Customer Personal Data) unless the Restricted Transfer is made in compliance with applicable Data Protection Law and pursuant to the relevant Standard Contractual Clauses implemented between the relevant exporter and importer of the Customer Personal Data, as necessary in order to comply with applicable Data Protection Law6. PrecedenceThe provisions of this Addendum are supplemental to the provisions of the Agreement. In the event of any inconsistency between the provisions of this Addendum and the provisions of the Agreement, the provisions of this Addendum shall prevail. In the event that any provision of this Addendum and/or the Agreement contradicts, directly or indirectly, the Controller to Processor SCCs, the Controller to Processor SCCs will control.7. IndemnityTo the extent permissible by law, Customer shall (a) defend Proshort.ai and its Affiliates (collectively, “Indemnified Parties”) from and against any and all claims, demands, suits, or proceedings made or brought against any of the Indemnified Parties by any third party (each, a “Claim”), and (b) indemnify and hold harmless the Indemnified Parties from and against any and all losses, damages, liabilities, fines and administrative fines, penalties, settlements, and costs and expenses of any kind (including, without limitation, reasonable legal, investigatory and consultancy fees and expenses) incurred or suffered by any of the Indemnified Parties, in each case arising from any breach by Customer of this Addendum or of its obligations under applicable Data Protection LGCP. Proshort.ai may participate in the defense and/or settlement of a Claim under this Section 7.1 with counsel of its choosing at its own expense.8. SeverabilityThe Parties agree that, if any section or sub-section of this Addendum is held by any court or competent authority to be unlawful or unenforceable, it shall not invalidate or render unenforceable any other section of this Addendum.9. MiscellaneousThe Addendum considers the following and follows:Privacy by Design and defaultAchieving security of ProcessingNotification of breaches involving Customer Personal Data to the relevant Supervisory Authority .Notification of breaches involving Customer Personal Data to CustomerConducting Privacy Impact Assessment where appropriate and required by applicable Data Protection LawAssurance of Proshort.ai’s assistance by if prior consultations with relevant Supervisory Authorities are needed and required by applicable Data Protection LGCP.Proshort.ai shall comply with all statutory and regulatory requirements, ISO 27001:2013, ISO 27701:2019 and EU GDPR In the event a Data Subject wishes to exercise its data subject rights under applicable Data Protection Law, including, but not limited to, a data subject’s right of access, correction and/or erasure of its Personal Data in Proshort.ai’s control, the Data Subjects can submit such request done by contacting Proshort.ai’s Data Protection Officer (DPO) below. Also for raising concerns and/or any complaints related to the Customer Personal Data that can be done by contacting the Data Protection Officer below:Name: Rahul Pandey Email ID: rahul@proshort.ai There are no Temporary files getting generated during processing.

Annex 1 to Data Protection AddendumDescription of Processing Activities for Customer Personal DataThis Annex includes certain details of the Processing of Customer Personal Data by Proshort.ai in connection with the Services.1. List of PartiesData ExporterName: Customer (as defined in the Agreement)Address: As set forth in the relevant Order FormContact person’s name, position and contact details:As set forth in the relevant Order Form.Activities relevant to the data transferred under these Clauses: Recipient of the Services provided by Proshort.ai in accordance with the Agreement.Signature and date: Signature and date are set out in the Agreement.Role (controller/processor): ControllerData ImporterName: Proshort Inc.Address: 649, 13th Cross, 27th Main Rd, 1st Sector, HSR Layout, Bengaluru, Karnataka 560102Contact person’s name, position and contact details: Rahul Pandey, rahul@proshort.aiActivities relevant to the data transferred under these Clauses: Provision of the Services to the Customer in accordance with the Agreement.Signature and date: Signature and date are set out in the Agreement.Role (controller/processor):Controller2. Competent Supervisory AuthorityIdentify the competent supervisory authority/ies in accordance (e.g. in accordance with Clause 13 SCCs): As determined by application of Clause 13 of the EU SCCs.3. Processing InformationCategories of data subjects whose personal data is transferredCustomer’s authorized users of the ServicesCategories of personal data transferredProcessed automatically by the Services:Namesemail IDsProcessed where and to the extent provided by Customer or its authorized users in connection with audit services provided by Proshort.ai:addressdate of birthpast employment detailsSensitive personal data transferredNoneFrequency of the transferContinuousNature of the processingThe nature of the processing is more fully described in the Agreement and accompanying order forms but will include the following basic processing activities: The provision of Services to Customer. In order to provide people data, Proshort.ai receives identifying Customer Personal Data to permit Proshort.ai to query, cleanse, standardize, enrich, (when required) send to additional data to feed providers, and to store the query information.Purpose of the data transfer and further processingThe purpose of the transfer is to facilitate the performance of the Services more fully described in the Agreement and accompanying order forms.For processing involving California consumers, please select the Business Purpose(s) for Processing Personal DataN/AAuditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standardsHelping to ensure security and integrity to the extent the use of the consumer’s personal information is reasonably necessary and proportionate for these purposesDebugging to identify and repair errors that impair existing intended functionality.Short-term, transient use, including, but not limited to, nonpersonalized advertising shown as part of a consumer’s current interaction with the business, provided that the consumer’s personal information is not disclosed to another third party and is not used to build a profile about the consumer or otherwise alter the consumer’s experience outside the current interaction with the businessPerforming services on behalf of the business, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, providing storage, or providing similar services on behalf of the business.Providing advertising and marketing services, except for cross-context behavioral advertising, to the consumer provided that, for the purpose of advertising and marketing, a service provider or contractor shall not combine the personal information of opted-out consumers that the service provider or contractor receives from, or on behalf of, the business with personal information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with consumers.Undertaking internal research for technological development and demonstrationUndertaking activities to verify or maintain the quality or safety of a service or device that is owned, manufactured, manufactured for, or controlled by the business, and to improve, upgrade, or enhance the service or device that is owned, manufactured, manufactured for, or controlled by the business.To retain and employ another service provider or contractor as a subcontractor where the subcontractor meets the requirements for a service provider or contractor under CCPATo build or improve the quality of the services it is providing to the business even if this Business Purpose is not specified in the written contract required by CCPA provided that Service Provider does not use the Customer Personal Data to perform Services on behalf of another person.To prevent, detect, or investigate data security incidents or protect against malicious, deceptive, fraudulent, or illegal activity, even if this Business Purpose is not specified in the written contract.Period for which the personal data will be retained or criteria used to determine that periodThe period for which the Customer Personal Data will be retained is more fully described in the Agreement, Addendum, and accompanying order forms.Subprocessor transfers – subject matter, nature, and duration of processingThe subject matter, nature, and duration of the Processing more fully described in the Agreement, Addendum, and accompanying order forms.4. Technical and Organisational Security MeasuresDescription of the technical and organisational security measures implemented by Proshort.ai as the data processor/data importer to ensure an appropriate level of security, taking into account the nature, scope, context, and purpose of the processing, and the risks for the rights and freedoms of natural persons.SecuritySecurity Management SystemOrganization. Proshort.ai designates qualified security personnel whose responsibilities include development, implementation, and ongoing maintenance of the Information Security Program.Policies. Management reviews and supports all security related policies to ensure the security, availability, integrity and confidentiality of Customer Personal Data. These policies are updated at least once annually.Assessments. Proshort.ai engages a reputable independent third-party to perform risk assessments of all systems containing Customer Personal Data at least once annually.Risk Treatment. Proshort.ai maintains a formal and effective risk treatment program that includes penetration testing, vulnerability management and patch management to identify and protect against potential threats to the security, integrity or confidentiality of Customer Personal Data.Vendor Management. Proshort.ai maintains an effective vendor management programIncident Management. Proshort.ai reviews security incidents regularly, including effective determination of root cause and corrective action.Standards. Proshort.ai operates an information security management system that complies with the requirements of ISO/IEC 27001:2013 standard.Personnel SecurityProshort.ai personnel are required to conduct themselves in a manner consistent with the company’s guidelines regarding confidentiality, business ethics, appropriate usage, and professional standards. Proshort.ai conducts reasonably appropriate background checks on any employees who will have access to client data under this Agreement, including in relation to employment history and criminal records, to the extent legally permissible and in accordance with applicable local labor law, customary practice and statutory regulations.Personnel are required to execute a confidentiality agreement in writing at the time of hire and to protect Customer Personal Data at all times. Personnel must acknowledge receipt of, and compliance with, Proshort.ai’s confidentiality, privacy and security policies. Personnel are provided with privacy and security training on how to implement and comply with the Information Security Program. Personnel handling Customer Personal Data are required to complete additional requirements appropriate to their role (e.g., certifications). Proshort.ai’s personnel will not process Customer Personal Data without authorization.Access ControlsAccess Management. Proshort.ai maintains a formal access management process for the request, review, approval and provisioning of all personnel with access to Customer Personal Data to limit access to Customer Personal Data and systems storing, accessing or transmitting Customer Personal Data to properly authorized persons having a need for such access. Access reviews are conducted periodically to ensure that only those personnel with access to Customer Personal Data still require it.Access Management. Proshort.ai maintains a formal access management process for the request, review, approval and provisioning of all personnel with access to Customer Personal Data to limit access to Customer Personal Data and systems storing, accessing or transmitting Customer Personal Data to properly authorized persons having a need for such access. Access reviews are conducted periodically to ensure that only those personnel with access to Customer Personal Data still require it.Infrastructure Security Personnel. Proshort.ai has, and maintains, a security policy for its personnel, and requires security training as part of the training package for its personnel. Proshort.ai’s infrastructure security personnel are responsible for the ongoing monitoring of Proshort.ai’s security infrastructure, the review of the Services, and for responding to security incidents.Access Control and Privilege Management. Proshort.ai’s and Customer’s administrators and end users must authenticate themselves via a Multi-Factor authentication system or via a single sign on system in order to use the ServicesInternal Data Access Processes and Policies – Access Policy. Proshort.ai’s internal data access processes and policies are designed to protect against unauthorized access, use, disclosure, alteration or destruction of Customer Personal Data. Proshort.ai designs its systems to only allow authorized persons to access data they are authorized to access based on principles of “least privileged” and “need to know”, and to prevent others who should not have access from obtaining access. Proshort.ai requires the use of unique user IDs, strong passwords, two factor authentication and carefully monitored access lists to minimize the potential for unauthorized account use. The granting or modification of access rights is based on: the authorized personnel’s job responsibilities; job duty requirements necessary to perform authorized tasks; a need to know basis; and must be in accordance with Proshort.ai’s internal data access policies and training. Approvals are managed by workflow tools that maintain audit records of all changes. Access to systems is logged to create an audit trail for accountability. Where passwords are employed for authentication (e.g., login to workstations), password policies follow industry standard practices. These standards include password complexity, password expiry, password lockout, restrictions on password reuse and re-prompt for password after a period of inactivityData Center and Network SecurityData Centers.Infrastructure. Proshort.ai has GCP as its data center. .Resiliency. Multi Availability Zones are enabled on GCP and Proshort.ai conducts Backup Restoration Testing on regular basis to ensure resiliency.Server Operating Systems. Proshort.ai’s servers are customized for the application environment and the servers have been hardened for the security of the Services. Proshort.ai employs a code review process to increase the security of the code used to provide the Services and enhance the security products in production environments.Disaster Recovery. Proshort.ai replicates data over multiple systems to help to protect against accidental destruction or loss. Proshort.ai has designed and regularly plans and tests its disaster recovery programs.Security Logs. Proshort.ai’s systems have logging enabled to their respective system log facility in order to support the security audits, and monitor and detect actual and attempted attacks on, or intrusions into, Proshort.ai’s systems.Vulnerability Management. Proshort.ai performs regular vulnerability scans on all infrastructure components of its production and development environment. Vulnerabilities are remediated on a risk basis, with Critical, High and Medium security patches for all components installed as soon as commercially possible.Networks and Transmission.Data Transmission. Transmissions on production environment are transmitted via Internet standard protocols.External Attack Surface. GCP Security Group which is equivalent to virtual firewall is in place for Production environment on GCP.Incident Response. Proshort.ai maintains incident management policies and procedures, including detailed security incident escalation procedures. Proshort.ai monitors a variety of communication channels for security incidents, and Proshort.ai’s security personnel will react promptly to suspected or known incidents, mitigate harmful effects of such security incidents, and document such security incidents and their outcomes.Encryption Technologies. Proshort.ai makes HTTPS encryption (also referred to as SSL or TLS) available for data in transit.Data Storage, Isolation, Authentication, and Destruction. Proshort.ai stores data in a multi-tenant environment on GCP servers. Data, the Services database and file system architecture are replicated between multiple availability zones on GCP. Proshort.ai logically isolates the data of different customers. A central authentication system is used across all Services to increase uniform security of data. Proshort.ai ensures secure disposal of Client Data through the use of a series of data destruction processes.

ENTERPRISE TERMS OF SERVICE

1. Services

The Company through Proshort provides the following services to the End Users (collectively referred to as the “Services”):

1.1. video-sharing social networking service;

1.2. content on the Service includes videos, audio (for example, music and other sounds), graphics, photos, texts (such as comments and scripts);

1.3. connecting with brands, products, and other services;

1.4. tools for creating videos from various sources as required by the Customer, as identified in the Agreement.

2. Registration.

2.1. Users are required to sign up and create an authenticated account (“Account”) by providing all required information in order to access or use the Services (“Sign-up Process”). User shall identify a username and password and provide certain personally identifiable information including without limitation, name, designation, department, entity name, etc. in order to obtain an Account with Proshort. User shall ensure that the Sign-up Process is completed via the email account associated with the Customer.

2.2. Users shall: (a) provide true, accurate, current and complete information as prompted by the Sign-up Process; and (b) maintain and promptly update the information provided during Sign-up Process to keep it true, accurate, current, and complete at all times. In the event the Users provide any information that is untrue, inaccurate, outdated, or incomplete, or if the Company has reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, the Company may terminate such User’s account and refuse current or future use of any or all of the Services.

2.3. Users shall be solely responsible for maintaining the confidentiality of the username and passwords, and for all activities that occur under their Account. Users agree to notify the Company immediately of any unauthorized use of their username and passwords or any other breach of security.

2.4. The Company will not be liable for any loss or damage arising from the failure on the part of the Users to comply with this clause. Further, Users shall agree to indemnify and hold the Company harmless from any claims or damages suffered by the Company due to any improper or illegal use of their Account.

2.5. License. The Company grants the User a non-exclusive, revocable, non-transferable and limited license to access and use the Services on his/her/its personal device, as made available through Proshort. The Company may, from time to time, update or modify the features of Proshort, release new versions or create new modules related thereto, each of which may, at its discretion, be included within the license granted above. The User shall not be permitted to sublicense or transfer any of his/her/its rights hereunder including without limitation, access to Proshort through the respective login credentials for the Account authenticated for a particular use. Except as expressly licensed herein, you will not use, access, integrate with, modify, translate, create derivative works of, reverse engineer, or otherwise exploit Proshort or any aspect thereof.

3. User Content.

3.1. Proshort allows You to upload content on the Proshort platform which includes videos, audio (for example, music and other sounds), graphics, photos, text (such as comments and scripts), branding (including trade names, trademarks, service marks, or logos), interactive features, software, metrics, and other materials (collectively, “User Content”) which may be hosted, shared or published as part of the Services, and may be visible to other Users.

3.2. User Content is the responsibility of the Customer. Proshort is under no obligation to host or serve all User Content. You represent that you shall not have any objection to any decision of the Company to retain or remove any User Content and also agree not to hold the Company solely responsible for the hosting of any User Content and for the consequences of uploading them. You affirm, represent and/or warrant that you own or have the necessary licenses, rights, consents, and permissions to use and authorize the Company to use all the proprietary rights in and to any and all User Content and intellectual property rights subsisting in such User Content to enable inclusion and use of such User Content in the course of Services being provided on Proshort.

3.3. End Users confirm and agree that it is the sole responsibility of the Customer to: (a) inform Users of any relevant practices or policies or any settings that may impact the processing of User Content; (b) obtain rights, permissions or consent from Users that are necessary for the lawful use of User Content and the provision and operation of the Services; (c) ensure that the transfer and processing of User Content is lawful; (d) respond to and resolve any conflicts with Users relating to or based on User Content, the Services or the Customer’s failure to fulfil these obligations; (e) to apply relevant settings/ features relating to the confidentiality, sharing, privileged information, etc. to the internal or external user groups set up by the Customer, as available on the App through the access control Users (i.e., the Users who have admin or super admin authorization provided by the Customer). Proshort makes no representations or warranties of any kind, whether express or implied, to You relating to the Services, which are provided to you on an ‘as is’ and ‘as available’ basis.

4. Eligibility.

4.1. You are eligible to use the Services by registering with Proshort, if and only, you comply with all the following conditions:

1. You have completed the legal age of 18 years;

2. You have been invited by the Customer to access the Services or you have an authorised email account associated with Customer’s domain;

3. You are eligible to enter into a legally binding contract; and

4. You are not barred from entering into a contract by any applicable law for the time being in force.

4.2. d:

1. You are fully authorized to represent your legal entity to use Proshort and receive the Services;

2. The legal entity you are representing is duly organized and validly existing under the applicable laws;

3. The legal entity has obtained all such licenses and permissions required to use the Services and the same is in full force and effect to use all the proprietary rights in and to any and all of the User Content and intellectual property pertaining to such User Content to enable their inclusion and use in the course of Services being provided by Proshort;

4. You agree that in order to use and have access to certain Services available on Proshort, you will have to register with Proshort;

5. You are neither a competitor of the Company nor using the Services for reasons that are in competition with the business of the Company;

6. You are entitled to submit the information to Proshort and that such information is accurate, not confidential, and not in violation of any contractual restrictions or other third-party rights; and

7. Your use of the Services does not violate any applicable law.

5. Privacy.

The Company respects the privacy of Users and has accordingly formulated a privacy policy available at the Website (“Policy”), in compliance with the applicable laws. The use of any personally identifiable information (“Personal Information”) shall be governed by such Policy as provided on Proshort and amended from time to time.

6. Restrictions on Use.

6.1. Users shall not use the Services provided by Proshort:

1. for any unlawful purpose or in violation of any applicable laws; or

2. in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others, or violate the privacy or other personal rights of others; or

3. to post any content that is defamatory, libelous, obscene, threatening, abusive or is offensive to other Users, such as content or messages that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; or

4. post any content that is false or misleading; or that harasses or advocates harassment of another person.

6.2. Your Content and Conduct: If you are a person/entity who provides/uploads User Content, you may be able to upload content to Proshort through your use of the Services. If you choose to upload User Content, you must not submit to Proshort any content that does not comply with these Terms or the applicable law(s). In particular, the User Content must:

1. respect the rights of others, including privacy;

2. not include third-party intellectual property (such as copyrighted material) unless you have documented permission from that party or are otherwise legally entitled to do so;

3. not abuse or harm others or yourself (or threaten or encourage such abuse or harm), including against children;

4. not mislead, be patently false, or defrauding;

5. not illegally impersonate, defame, bully, harass, be obscene or stalk others;

6. not incite violation of applicable laws;

7. not abuse, harm, interfere with, or disrupt the services; for example, by accessing or using them in fraudulent or deceptive ways, introducing malware, or spamming, hacking, or bypassing our systems or protective measures.

You are legally responsible for the User Content you submit to Proshort. We may use automated or manual systems that analyze your User Content to help detect infringement and abuse, including spam and malware.

6.3. Users are also prohibited from violating or attempting to violate the security of Proshort, including, without limitation the following activities:

1. accessing data not intended for such User or logging into a server or Account which the User is not authorized to access;

2. attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;

3. attempting to interfere with the Services provided to any User, host or network, including without limitation, submitting a virus to Proshort, overloading, “flooding”, “spamming”, “mail bombing”, “hacking” or “crashing”; or transmitting any viruses, worms, defects, Trojan horses or other items of a destructive nature;

4. removing any copyright, trademark or other proprietary notices from any portion of Proshort;

5. reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploit Proshort except as expressly permitted by the Company;

6. submitting any User Content unless you are the owner of the rights in such User Content or have the permission from the rightful owner to share the material and to grant the Company all of the license rights granted therein;

7. decompiling, reverse engineering or disassembling the software, website or mobile;

8. linking to, mirroring or framing any portion of the Services;

9. reformatting any portion of the pages that are part of Proshort;

10. accessing Proshort through a code, program or procedure either singly or repetitively with an intent to bypass safeguards built into Proshort;

11. causing or launching any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of Proshort or unduly burdening or hindering the operation and/or functionality of any aspect of the Services;

12. attempting to gain unauthorized access to or impairing any aspect of Proshort or its related systems or networks or Services;

13. infringing any intellectual property or other proprietary rights of any third party;

14. copying or using the information, content or data of others available on Proshort (except as expressly authorized); and

15. overriding any security feature of the Services.

Further, violations of system or network security may result in civil or criminal liability.

6.4. Permissions and Restrictions: You may use the Services as made available to the Customer, as long as you comply with these Terms and the applicable law. You may view or listen to User Content for your personal, non-commercial use only.

7. Remedies.

7.1. User understands and agrees that the Company may review any content on Proshort, and in case the Company finds, in its sole discretion, that the User has violated any of these Terms especially this Clause 7, the Company reserves the right to take actions to prevent/control such violation, including without limitation, removing the offending communication or User Content from Proshort and/or reporting the Account of such violators to the Customer and/or suspending their use of the Services.

7.2. The Company shall also be entitled to investigate occurrences which may involve such violations and may take appropriate legal action, involve and cooperate with law enforcement authorities in prosecuting Users who are involved in such violations.

7.3. In order to ensure a safe and effective experience for all the Users, Company reserves the right to limit the amount of data that may be accessed by them in any given time period. These limits may be amended at the Company’s sole discretion from time to time.

7.4. The User acknowledges that in no event shall Company be liable for any damages whatsoever whether direct, indirect, general, special, compensatory, consequential, punitive or incidental, arising out of or relating to the conduct of any User or anyone else in connection with the use of the Services.

8. Security.

8.1. The Company acknowledges that it employs industry standard security protocols to ensure that the information that are stored, transmitted or transferred through Proshort is protected and the same is hosted on a secure server. However, the Company shall not be held responsible for the loss of content or the information that is being transmitted through Proshort due to any technical issues from other sources. In order to keep the Account safe, the Users are suggested to change the passwords of his/ her Account with Proshort periodically.

8.2. Proshort or the User will select a username and password when completing the registration process. The User will be solely responsible for maintaining the confidentiality of the username and password, and for all activities that occur under his/her username and password.

9. Intellectual Property.

9.1. Proshort, its technology and all the information, images, logos, trade names, domain names, service marks and other materials on it, including the design of the mobile application (collectively “Proshort Content”), are the exclusive intellectual property of the Company and/or its affiliates. Any unauthorized reproduction, republication, distribution, display, transmission, sale, or any other use and/or duplication of any material available on Proshort or Proshort Content, without express and written approval of the Company shall be violation of the relevant intellectual property laws.

9.2. Copyright Infringement Claims. The Company respects the intellectual property rights of any User or others (the “Claimant”) whose work might allegedly be infringed by the User Content. If the Claimant believes that any User Content on Proshort infringes upon their copyright, they may notify the Company. For any copyright violation that Claimant may come across, Company actively seeks to review/ resolve the same through the entries received through: (a) the copyright violation form available at the Website or (b) Company’s support team. Company reserves its rights against any User Content if it contains content submitted or provided by other Users or any intellectual property rights of third parties, to provide an appropriate notice, initiate takedown process and otherwise comply with all applicable laws and regulations to respond to notices of claimed infringement against such User Content. Without limiting any compliance under this Clause, the User, in the United States, must comply with all requirements under the Digital Millennium Copyright Act. If any User Content contains content of any third parties other than the User sharing the User Content, we reserve the right to provide such User with an appropriate notice and initiate takedown process and otherwise comply with all applicable laws and regulations to respond to such notices of claimed infringement. Without limiting any compliance under this Clause, we shall comply with all requirements of the applicable copyright law.

9.3. Your License to Company:

1. Your Content: You grant us a non-exclusive, transferable, sublicensable, royalty-free, worldwide license to: host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of any information, data, and other content made available by you or on your behalf (including by your service providers) in connection with Proshort for any business purpose in connection with operating, providing, or improving Proshort. This license remains in effect even if you stop using Proshort. Without limitation, your license to us includes: the right to incorporate User Content into other parts of Proshort, the right to attribute the source of User Content using your name, trademarks, or logos; the right to use User Content for promotional purposes, and the right to analyze User Content (including to make sure you are complying with these Terms and all other applicable terms and policies). If you owned User Content before providing it to us, you will continue owning it after providing it to us, subject to any rights granted in these Terms or any other applicable terms or policies and any access you provide to others by sharing it via Proshort.

2. You will not provide or promote any content shown in the User Content that infringes upon or otherwise violates the rights of any person or third party.

3. You will obtain (and represent and warrant that you own or have secured) all rights necessary from all applicable rights holders to (a) grant the licenses, rights, and permissions mentioned in these Terms; (b) display, distribute, and deliver all information, data, and other content in User Content; and (c) otherwise operate User Content. This includes satisfying all licensing, reporting, and payout obligations to third parties.

10. Termination.

10.1. These Terms shall remain in full force and effect unless and until your Account is terminated as provided herein. Any licenses contained in these Terms will terminate automatically without notice if you fail to comply with any provision of these Terms. The Company may also suspend or terminate your use of Proshort and your Account, at any time, for any breach of these Terms. Subject to applicable law, the Company reserves the right to maintain, delete or destroy all communications or materials posted or uploaded on to Proshort pursuant to its internal record retention and/or content destruction policies. After such termination, the Company will have no further obligation to provide the Services.

10.2. If we reasonably believe that any of User Content (a) is in breach of these Terms; or (b) may cause harm to Proshort, its users, or third parties, Company reserve the right to remove or take down that User Content in accordance with applicable law. Company will notify you with the reason for our action unless we reasonably believe that to do so: (a) would breach the law or the direction of a legal enforcement authority or would otherwise risk legal liability for Proshort or its affiliates; (b) would compromise an investigation or the integrity or operation of the Services; or (c) would cause harm to any user, other third party, Proshort or its affiliates.

11. Third Party Links.

Proshort may include links to other websites or applications that are not owned or operated by the Company. The Company does not have any control over these third-party websites or applications (the “Third-Party Links”) and is not responsible for any information, functionality, or content accessed through the Third-Party Links. Furthermore, Third Party Links do not represent or imply any endorsement or recommendation of such third party’s websites or applications by or on behalf of the Company. The Users are responsible for taking the necessary precautions to protect themselves and their mobile devices, computers and other devices from viruses, bugs, and other harmful or destructive content that may be accessible through such Third-Party Links. The Company disclaims any responsibility for any harm resulting from the User’s access or use of these Third-Party Links.

12. Data Security.

12.1. Data Security Requirements. You must always have in effect and maintain administrative, physical, and technical safeguards that do the following:

1. Meet or exceed industry standards given the sensitivity of the data accessed by you through your use of Proshort;

2. Comply with applicable laws and regulations, including data security and privacy laws, rules, and regulations;

3. Prevent any unauthorized (including in violation of these Terms or any other applicable terms or policies) processing (including, for the avoidance of doubt, access, destruction, loss, alteration, disclosure, distribution, or compromise) of the data accessed by you through your use of Proshort; or

4. You must not solicit, collect, store, cache, proxy, or use login credentials of other Users.

12.2. Incident Reporting. If any of the following incidents happen, you must promptly, and no later than 24 (twenty-four) hours after you become aware of the incident, notify us and provide us with information regarding:

1. Any unauthorized (including in violation of these Terms or any other applicable terms or policies) processing (including, for the avoidance of doubt, access, destruction, loss, alteration, disclosure, distribution or compromise) of the data accessed by you through your use of Proshort;

2. Any incidents that are reasonably likely to compromise the security, confidentiality, or integrity of your information technology systems; or

3. You must immediately begin remediation of the incident and reasonably cooperate with us, including by informing us in reasonable detail of the impact of the incident upon Proshort and corrective actions being taken, and keeping us updated about your compliance with any notification or other requirements under applicable laws and regulations.

13. Disclaimer & Warranties.

13.1. The Company is only acting as an online facilitator, and any User Content posted by the User does not represent the views/ clarifications of the Company and the Company makes no guarantee as to the validity, accuracy or legal status of any User Content.

13.2. The Company makes no representation, warranty or guarantee as to the quality, accuracy, completeness, performance or fitness for any particular purpose of the Services, tools etc. provided through Proshort. Some of the Services provided here will be through third-party service providers and Proshort doesn’t take any guarantee of any loss caused due to the actions of such third-party service providers. The contents of Proshort could include technical or typographical errors. Any reliance you place on such information is therefore strictly at your own risk.

13.3. OTHER THAN AS EXPRESSLY STATED IN THESE TERMS OR AS REQUIRED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND PROSHORT DOES NOT MAKE ANY SPECIFIC COMMITMENTS OR WARRANTIES ABOUT THE SERVICES. FOR EXAMPLE, PROSHORT DOES NOT MAKE ANY WARRANTIES ABOUT: (A) THE USER CONTENT PROVIDED THROUGH THE SERVICES; (B) THE SPECIFIC FEATURES OF PROSHORT, OR ITS ACCURACY, RELIABILITY, AVAILABILITY, OR ABILITY TO MEET YOUR NEEDS; OR (C) THAT ANY USER CONTENT YOU SUBMIT WILL BE ACCESSIBLE ON PROSHORT.

13.4. The Company tries to keep Proshort, bug-free, and safe, but you agree to use it at your own risk. Proshort is providing the Services “as-is” without any express or implied warranties including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. The Company makes no representations or warranties that Proshort is appropriate or available for use in all geographical locations.

13.5. You agree to upload/keep your data on Proshort at your own risk. Proshort is not responsible for misuse of your data by another user or by a third party. The Company does not guarantee that your data will always be intact or that your data will not be erased or formatted. However, the Company shall take necessary precautions to the best of its abilities to safeguard your data without being erased or lost.

13.6. The Company is not responsible for the actions, content, information, or data of third parties, and you release the Company, the Company’s directors, officers, employees, and agents from any claims and damages, known and unknown, arising out of or in any way connected with any claim you have against any such third parties.

13.7. The Company is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers, providers, computer equipment, software, failure of communication on account of technical problems, or traffic congestion on the internet or at any website or combination thereof, including injury or damage to you or to any other person’s computer related to or resulting from participating or downloading materials in connection with the web or in connection with the Services provided by Proshort.

14. Limitation of Liability.

14.1. Neither the Company nor any of its affiliates shall be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or the inability to use Proshort or User Content including, but not limited to, (a) damages caused by defamatory, offensive, or illegal material; (b) damages caused by viruses, malfunctions, or harmful components accessed through Proshort; and (c) damages for lost profits, loss of data, or other intangibles, or any consequences of whether foreseeable or unforeseeable. Company’s maximum liability to any User for any breach of these Terms is One Hundred US Dollars (USD $100) in the aggregate.

14.2. EXCEPT AS REQUIRED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS WILL NOT BE RESPONSIBLE FOR ANY LOSS OF PROFITS, REVENUES, BUSINESS OPPORTUNITIES, GOODWILL, OR ANTICIPATED SAVINGS; LOSS OR CORRUPTION OF DATA; INDIRECT OR CONSEQUENTIAL LOSS; PUNITIVE DAMAGES CAUSED BY:

1. ERRORS, MISTAKES, OR INACCURACIES ON THE SERVICES;

2. PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR USE OF THE SERVICES;

3. ANY UNAUTHORIZED USE OF THE SERVICES;

4. ANY INTERRUPTION OR CESSATION OF THE SERVICES;

5. ANY VIRUSES OR MALICIOUS CODE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY;

6. ANY CONTENT WHETHER SUBMITTED BY A USER, INCLUDING YOUR USE OF CONTENT; AND/OR

7. THE REMOVAL OR UNAVAILABILITY OF ANY CONTENT.

8. THIS PROVISION APPLIES TO ANY CLAIM, REGARDLESS OF WHETHER THE CLAIM ASSERTED IS BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

15. Indemnification.

If anyone brings a claim against the Company related to your actions, User Content submitted by you, you will indemnify and hold the Company harmless from and against all damages, losses, and expenses of any kind, including reasonable legal fees and costs, related to such claim. The Company shall also have the right to hold you or such other person liable for the damages, losses and expenses which the Company may incur and initiate proceedings in any appropriate courts or other forums for your material breach of these Terms. Although the Company provides rules for your conduct, the Company does not control or direct your actions on Proshort and is not responsible for the User Content you transmit or share on or use on Proshort or for any of your actions in using the Services. The Company is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable User Content you may encounter on Proshort. The Company is not responsible for your conduct, whether online or offline through your use of the Services.

16. Governing Law and Jurisdiction.

16.1. These Terms shall be governed by, interpreted and construed in accordance with the laws of the State of California, United States without regard to conflict/choice of law principles. End Users will resolve any claim, cause of action or dispute or claim arising out of or relating to these Terms exclusively in the courts of law in the State of California.

Proshort is a workplace tool intended for use by businesses and organisations and not for consumer purposes. To the maximum extent permitted by law, You hereby acknowledge and agree that consumer laws do not apply to these Terms. If however, any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in these Terms will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies that You may have, and our liability is limited (at our option) to the replacement, repair or resupply of the Services or the pro-rata refund to the Customer of prepaid fees for Your subscription covering the remainder of the term.

17. Miscellaneous.

17.1. In a situation where any provision of these Terms is found to be invalid or unenforceable, such provision shall be severed from the remaining Terms, which shall remain in full force and effect and will be made applicable and be enforceable to the extent permitted under applicable law.

17.2. No waiver of any breach or default of these Terms shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in these Terms should not be used for any interpretative purposes as these are for the mere convenience of the User.

17.3. All of the Company’s rights and obligations under these Terms are freely assignable by the Company in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. The provisions of these Terms will inure to the benefit of and be binding upon each of the Company and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign these Terms or your rights and obligations under these Terms without the express prior written consent of the Company which may be withheld in the Company’s sole discretion. The Company may assign these Terms and its rights and obligations under these Terms without your consent.

17.4. The Company reserves the right to research and publish general user behavior categorized at its discretion.

17.5. By using Proshort and these Terms, You agree to receive account and feature related e-mails, calls and messages from the Company or its representatives.

17.6. The Company reserves the right to amend these Terms at any time. Your continued use of or access to Proshort after any such amendment will constitute your binding agreement to these Terms as amended.

17.7. The Company may change, suspend, or discontinue the availability of Proshort at any time. In addition, Company may impose limits on certain features and services or restrict your access to parts or all of the Product without notice or liability.

17.8. Any grievances or questions regarding these Terms should be directed to the support team of the Company at:

support@proshort.ai