Custom Website Service Addendum

1. Service

1.A. Custom Website Service

We provide various custom website solutions described in the documentation for [Pushpay Custom Website Service] (“Custom Website Service”). You may use the Custom Website Service, including the websites resulting from the use of the Custom Website Service (“Sites”), for your personal use or internal business use in the Organization that you represent, so long as you are in compliance with all provisions of this Addendum and the Pushpay User Agreement. It is your obligation to ensure that you fully comply with all applicable laws, regulations and directives with regard to the use of the Custom Website Service and the Sites.

1.B. Service Changes and Limitations

The Custom Website Service is evolving and we may require that you accept updates to this Addendum. We reserve the right to stop offering and/or supporting all or part of the Custom Website Service is at any time either permanently or temporarily, at which point your right to use the Custom Website Service, and the Sites, or any part of them will be automatically terminated or suspended.

2. Content & Feedback

2.A. License to Your Data

You are solely responsible for Your Data. You hereby grant to us and our licensors a non-exclusive, non-transferable, limited license to use, display, distribute, store, and host Your Data for the purpose of providing the Custom Website Services to you and your end users. “Your Data” mean any and all data and content submitted by you or on your behalf (including by your end users) in connection with the Custom Website Service, including but not limited to, words, music, images, and videos.

We have no obligation, and undertake no responsibility, to review Sites, the products or services listed therein, or any of Your Data, including, but not limited to, user-generated content published and/or distributed on the Sites to determine whether any such product, service, or Your Data may incur liability to third parties.

2.B. Feedback

If you or any of your employees or contractors sends or transmits any communications or materials to us suggesting or recommending changes to the Custom Website Service, including without limitation, new features or functionality relating thereto, or any comments, questions, suggestions, or the like (“Feedback”), we and our licensors are free to use such Feedback irrespective of any other obligation or limitation between the parties governing such Feedback.

3. Representations and Warranties

You represent and warrant that (i) you have obtained the proper permission to provide us and our licensors with access to Your Data; (ii) Your Data does not contain any data or content that is infringing, obscene, threatening, libelous, defamatory, tortious or otherwise harmful to third parties, including but not limited to content or material harmful to children or which violates third party privacy or proprietary rights; and (iii) Your Data does not contain any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs of any kind.

4. Disclaimers of All Warranties

The Custom Website Service and Sites are provided on an “as is” and “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, satisfactory quality and non-infringement, and implied warranties arising by usage of trade, course of dealing or course of performance.

Without limiting the above, (i) we make no warranty that Custom Website Service or Sites will meet your requirements, or will be uninterrupted, continuous, timely, secure, accurate, correct, complete, or available; (ii) we do not endorse or approve any of Your Data or content provided by any third-party and disclaim all liability whatsoever thereto; and (iii) we do not warrant or make any representations regarding Custom Website Service and Sites in terms of its correctness, completeness, results, availability, accuracy, reliability or otherwise.

5. Pricing, Payments, Refunds and Taxes

By using the Custom Website Service, you agree to pay all associated set-up and subscription fees that you agree to upon sign-up. We may change the price of the Custom Website Service at any time, in our sole discretion. We reserve the right to charge a price the Custom Website Service that was previously offered for free. If we decide to increase the price of the Custom Website Service, we will make every effort to communicate this pricing change to you via email.

6. User Conduct; Generated Output

6.A. User Conduct

You must not, nor allow or facilitate a third party to, violate or infringe any rights (including without limitation copyrights, rights of publicity or privacy and trademarks) of others, or violate the operational or security mechanisms of the Custom Website Service, and without limiting the foregoing:

You may not use the Custom Website Service or Sites to:

• promote, conduct, or contribute to fraudulent, obscene, pornographic, inappropriate or illegal activities as determined by us at our sole discretion, including without limitation deceptive impersonation, in connection with contests, pyramid schemes, surveys, chain letters, junk e-mail, spamming, phishing or any duplicative or unsolicited messages (commercial or otherwise);
• interfere with the access, use or enjoyment of the Custom Website Service by others (including without limitation causing greater demand on the Custom Website Service than is deemed by us reasonable, attacks such as to harass or defame others; or promote hatred towards any group of people);
• harvest or otherwise collect non-public information about another user obtained through the Sites or the Custom Website Service (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information;
• use any Content except for the intended purposes of the Custom Website Service, subject always to the terms of this Addendum;

In addition, you may not:

• upload, transfer, or store any data or content on or through the Custom Website Service that is infringing, obscene, threatening, libelous, defamatory, tortious or otherwise harmful to third parties, including but not limited to content or material harmful to children or which violates third party privacy or proprietary rights, or that contains any software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs of any kind;
• alter, modify, delete, forge, frame, hyper-link, create derivative works or otherwise interfere with or in any manner disrupt, circumvent, or compromise any part of the Custom Website Service or any of its features;
• access or attempt to access any of our systems, programs or data that are not made available for public use, or attempt to bypass any registration processes on the Custom Website Service;
• decompile, disassemble, reverse engineer or otherwise attempt to discover any source code or underlying ideas or algorithms of the Custom Website Service except if and to the extent permitted by applicable law;
• abuse or use any other means to affect or manipulate the Custom Website Service in general or the prices quoted through the Custom Website Service; and/or
• engage in activity or use language that is malicious, fraudulent, objectionable, threatening, abusive, harassing, defamatory, libelous, tortious, offensive, profane against any of our customers, users, employees, representatives, or any third party as determined by us in our sole discretion.

We are not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any of Your Data. We shall not be liable to you or any third party for Your Data in any way, including, but not limited to, any mistakes, libel, falsehoods, obscenity, pornography, incitement, and/or any other unlawful and/or infringing uses related to Your Data.

6.B. Generated Output

Certain features of the Custom Website Service permit you to provide prompts or other input (collectively, “Input”) in order to receive output generated by artificial intelligence platform or tool and returned by the Custom Website Service based on such Input (“Output”). You agree not to state or suggest that Output was human-generated when it is not. The Custom Website Service are not intended to be used, and you agree not to use, or permit any third party to use, the Custom Website Service to generate any Output, for:

• any illegal activity;
• child sexual abuse material or any content that exploits or harms children;
• generation of hateful, harassing, or violent content;
• generation of viruses or malware;
• any activity that has high risk of physical harm;
• any activity that has high risk of economic harm;
• fraudulent or deceptive activity;
• adult content, adult industries or dating apps;
• political campaigning or lobbying;
• activity that violates people’s privacy;
• unauthorized practice of law or offering tailored legal advice without a qualified person’s review;
• offering tailored financial advice;
• diagnosing a certain health condition, or providing treatment instructions; providing diagnostic or treatment services for serious medical conditions; triaging or managing life-threatening issues that need immediate attention; or
• high risk decision-making.

In addition, you will comply with any third party terms, guidelines, policies or the like to which we link in connection with your generation of Output.

Ownership of Input and Output: You are responsible for all Input and Output, including for ensuring that they do not violate any applicable law or this Addendum or the Pushpay User Agreement. Your Input and Output are deemed to be part of Your Data for purposes of this Addendum or Pushpay User Agreement.

Similarity of Output: Due to the automated content generation, Output may not be unique across users and the Custom Website Service may generate the same or similar output for you, Pushpay, or a third party. Other users may also provide similar Input and receive the same or similar Output. Responses that are requested by and generated for other users are not considered your Output. You hereby irrevocably release, acquit, and forever discharge, and agree not to sue, Pushpay, its licensors or any of its or their affiliates, or any of their employees, officers, directors, or representatives with respect to any liability for direct or indirect copyright, trademark or other infringement, misappropriation or violation of any rights with respect to the Output.

Accuracy: Use of the Custom Website Service may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You agree to evaluate and be responsible for the accuracy of any Output as appropriate for your use case.

Limitations of AI-Generated Output. You acknowledge and agree that, in addition to the limitations and restrictions set forth in this Addendum there are numerous limitations that apply with respect to AI-generated Output due to the fact that it is automatically generated, including that (a) it may contain errors or misleading information, (b) AI systems are based on predefined rules and algorithms that lack the ability to think creatively and come up with new ideas and can result in repetitive or formulaic content, (c) AI systems can struggle with understanding the nuances of language, including slang, idioms, and cultural references, which can result in Output that is out of context or does not make sense, (d) AI systems do not have emotions and cannot understand or convey emotions in the way humans can, which can result in Output that lacks empathy and emotion that humans are able to convey, (e) AI systems can perpetuate biases that are present in the data used to train them, which can result in Output that is discriminatory or offensive, (f) AI systems can struggle with complex tasks that require reasoning, judgment and decision-making, (g) AI systems require large amount of data to train and generate content, and the data used to train AI systems may be of poor quality or biased, which will negatively impact the accuracy and quality of the generated Output, and (h) AI-generated Output can lack the personal touch that comes with content created by humans, which can make it seem cold and impersonal.

7. Termination

We may, in our sole discretion and without liability to you or any third party, suspend or terminate your account and refuse any and all current or future access to and use of the Custom Website Service (or any portion thereof). Grounds for such termination may include, but are not limited to, extended periods of inactivity, non-payment, loss, theft or unauthorized use of your registration data, violation of the letter or spirit of this Addendum or the Pushpay User Agreement, providing content that is inappropriate or offensive in our discretion, or if we have reasonable grounds to suspect any of the registration data that you provided is inaccurate, not current or incomplete. Sections 2.A, 4, and a will survive termination of this Addendum.

8. Indemnification

You at your own expense will indemnify, defend and hold harmless Pushpay and each of its licensors, directors, officers, employees, representatives, and agents (the “Pushpay Indemnitees”) from and against any third party claim, demand, action, class action, investigation or other proceeding, including, but not limited to, all damages, losses, liabilities, judgments, costs and expenses (including reasonable attorneys’ fees) arising therefrom asserted by any third party against the Pushpay Indemnitees or any of them (collectively, a “Pushpay Claim”) to the extent the Pushpay Claim is based on or arises out of: (a) a material breach, or alleged breach, of any of your representations, warranties, or obligations under this Addendum; or (b) any actual fraud or willful misconduct by you or your end users; or (c) any claim with respect to Your Data.

9. Copyrighted Materials, Infringement Notices and Takedown

You shall not use the Custom Website Services or the Sites to transmit, route, provide connections to or store any material that infringes copyrighted works or otherwise violates or promotes the violation of the intellectual property rights of any third party.

You shall designate a copyright agent under the Digital Millennium Copyright Act (the “DMCA”) (see 17 U.S.C 512(c)(3) for further detail) and/or take other reasonable steps to implement a take-down policy that complies with laws applicable to you, including posting such take-down policy on your Site if required by applicable law. In the event that a rights holder contacts Pushpay’s copyright agent under the DMCA or otherwise issues a takedown notice to Pushpay which appears to comply with other applicable laws, you acknowledges and agrees that we may take all necessary action as required under the DMCA or other applicable law in its sole and absolute discretion, including removing Your Data and customer data from the Site. Without limiting the generality of the foregoing, in the event our copyright agent is provided a time frame within which to comply with a takedown notice, we will attempt to notify you of such takedown notice and time frame to encourage you to take steps to comply with the takedown notice.