IMAGINUITY TERMS OF SERVICE

IMAGINUITY TERMS OF SERVICE

Revised as of 2026-07-30

THE WEBSITE IMAGINUITY.COM AND ANY OTHER WEBSITE OWNED OR OPERATED BY IMAGINUITY (COLLECTIVELY, THE “SITE”), TOGETHER WITH ANY PLATFORM, PORTAL, APPLICATION, PRODUCT, OR TOOL MADE AVAILABLE BY IMAGINUITY, INCLUDING WITHOUT LIMITATION PYLOT®, ADSCIENCE®, IMAGINUITY COMMAND, AND ANY THIRD-PARTY OR CUSTOMER-FACING REPORTING TOOLS MADE AVAILABLE BY IMAGINUITY (COLLECTIVELY, THE “PLATFORMS”), AND ALL RELATED SERVICES AVAILABLE ON OR THROUGH THE SITE OR ANY PLATFORM (COLLECTIVELY, THE “SERVICES”), ARE OWNED AND OPERATED BY IMAG OPCO LLC (TOGETHER WITH ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, HEREINAFTER REFERRED TO AS “IMAGINUITY,” “OUR,” “WE,” OR “US”). References in these Terms to “the Platforms” include every current and future platform, portal, website, or product Imaginuity makes available, whether or not separately named above.

BY ACCESSING OR USING THE SITE, ANY PLATFORM, OR ANY OF THE SERVICES, YOU ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE (THE “TERMS”). THE TERMS ARE A LEGALLY BINDING AGREEMENT. IF YOU ACCESS OR USE THE SITE, ANY PLATFORM, OR THE SERVICES ON BEHALF OF A COMPANY OR OTHER ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THAT ENTITY, AND YOU GUARANTEE THAT ENTITY’S COMPLIANCE WITH THESE TERMS.

WE RESERVE THE RIGHT, AT ANY TIME, TO MODIFY, DISCONTINUE, OR TERMINATE ANY SERVICE, PLATFORM, OR THE SITE, OR TO CHANGE, ADD TO, OR DELETE ANY PORTION OF THESE TERMS, WITHOUT NOTICE. CHANGES WILL BE POSTED TO THE SITE. IT IS YOUR RESPONSIBILITY TO CHECK THE SITE PERIODICALLY FOR CHANGES. YOUR CONTINUED USE OF THE SITE, ANY PLATFORM, OR THE SERVICES AFTER ANY SUCH CHANGE CONSTITUTES YOUR ACCEPTANCE OF THE REVISED TERMS.

IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SITE, ANY PLATFORM, OR THE SERVICES.

These Terms govern general access to and use of the Site and all Platforms. Customers who engage Imaginuity for marketing, technology, or platform services separately agree to Imaginuity’s General Services Terms and Conditions (available at imaginuity.com/general-terms-conditions) and, if applicable, the Pylot® Terms and Conditions and/or the Chatbot Terms of Service, each of which is incorporated herein by reference where an Estimate or Order references these Terms. In the event of a conflict between these Terms and a signed Estimate, SOW, or Order governed by the General Services Terms and Conditions, the signed Estimate, SOW, or Order shall control as to the subject matter of the engagement.

1. REGISTRATION

If registration is required to access any Platform or Service, you represent that all information you provide during registration and thereafter (“Registration Information”) is true, accurate, complete, and current, and you agree to promptly update your Registration Information as necessary. We may use Registration Information subject to our Privacy & Cookies policy (available at imaginuity.com/legal-privacy), which is incorporated into these Terms. You are solely responsible for maintaining the confidentiality and security of your login credentials and for all activity that occurs under your account, and for maintaining access to the email address associated with your account.

2. AGE RESTRICTIONS

You represent and warrant that you are eighteen (18) years of age or older. The Site, the Platforms, and the Services are not intended for, offered to, or directed at individuals under the age of eighteen (18).

3. PLATFORM ACCESS

“Platforms” means any platform, portal, website, application, or product made available by Imaginuity to customers, prospective customers, or their authorized users, including without limitation Imaginuity Command (Imaginuity’s marketing operations and reporting platform, which may include campaign dashboards, support and helpdesk functionality, and account administration features), Pylot® (content and site management), AdScience® (data, attribution, and reporting tools), AiMail tools, and any other current or future Imaginuity-branded or third-party-hosted reporting tool made available by Imaginuity. This Section 3 applies equally to each Platform, whether or not separately named here.

3.1. License. Subject to your compliance with these Terms and any applicable Estimate or Order, Imaginuity grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platforms solely for your internal business purposes in connection with the Services you have engaged Imaginuity to provide.

3.2. Authorized Users. You are responsible for all activity that occurs through your account on any Platform, including activity by any employee, contractor, or agent to whom you grant access. You agree to promptly notify Imaginuity of any unauthorized use of your account or any other breach of security.

3.3. Restrictions. You will not (a) reverse engineer, decompile, or attempt to derive the source code of any Platform; (b) use any Platform to build a competing product or service; (c) share account credentials outside of your organization; or (d) use any Platform in violation of applicable law, including data privacy, telecommunications, and advertising laws.

3.4. Data. Customer Data submitted to or generated within any Platform is treated in accordance with the confidentiality, ownership, and data-return provisions of Imaginuity’s General Services Terms and Conditions and Privacy & Cookies policy. Imaginuity may use aggregated, de-identified data derived from use of the Platforms to improve the Services, provided such data does not identify you or your customers.

3.5. Availability. Imaginuity will use commercially reasonable efforts to keep the Platforms available, but any Platform may be temporarily unavailable for maintenance, upgrades, or reasons outside Imaginuity’s reasonable control, and Imaginuity does not guarantee uninterrupted access.

4. USE OF SITE CONTENT

All content on the Site and within Command that is not User Content (as defined in Section 5 below) (the “Site Content”) is the proprietary property of Imaginuity or its licensors. No Site Content or User Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, without Imaginuity’s prior written permission or that of the applicable content owner. All trademarks, logos, trade dress, and service marks appearing on the Site or within Command are the property of Imaginuity or its licensors and may not be used without prior written permission.

5. USER CONTENT

You are solely responsible for all materials you submit, upload, or approve for publishing, display, or distribution in connection with the Services, including content, data, mailing lists, customer lists, images, and messages (“User Content”). You represent and warrant that no User Content will (a) violate or infringe the rights of any third party, including copyright, trademark, privacy, or publicity rights; (b) contain libelous or defamatory material; or (c) violate any applicable law, regulation, or industry code of conduct, including those applicable to advertising, data protection, privacy, or electronic and text-message communications. Imaginuity may refuse to publish or may remove any User Content at its discretion and may disclose User Content to comply with law, legal process, or to protect the rights and safety of others.

6. LINKS TO OTHER WEBSITES

The Site and the Platforms may contain links to third-party websites. Imaginuity is not responsible for the content, accuracy, or opinions expressed on such websites, and inclusion of a link does not imply endorsement. Access to third-party sites is at your own risk.

7. SERVICE FEES

Certain parts of the Site may be accessed without charge. Fees for access to the Platforms and other Services are as set forth in the applicable Estimate, Order, or SOW executed between you and Imaginuity, and are governed by the payment, invoicing, and non-payment provisions of Imaginuity’s General Services Terms and Conditions or a separate Master Services Agreement, if applicable.

8. TERMINATION

8.1. You may discontinue your use of the Site or any Platform at any time. Termination of Services under a specific Estimate or Order is governed by that Estimate, Order, and Imaginuity’s General Services Terms and Conditions.

8.2. Imaginuity may suspend or terminate your access to any Platform or the Site at any time, with or without cause, including for breach of these Terms, non-payment, or misuse of the Services, subject to the notice provisions of any governing Estimate or Order.

8.3. Provisions of these Terms that by their nature should survive termination (including Sections 4–5 and 9–15) will survive.

9. LINKS TO SPECIFIC PRODUCTS

Use of Pylot® is additionally governed by the Pylot Terms and Conditions (available at legal.mypylot.com). Use of any Imaginuity chatbot functionality is additionally governed by the Chatbot Terms of Service (available at imaginuity.com/chatbot-terms-of-service). Where these Terms conflict with a product-specific terms of service as to that specific product, the product-specific terms control.

10. MOBILE TERMS OF SERVICE (SMS/TEXT MESSAGING)

The Imaginuity mobile message service (the “SMS Service”) is operated by Imaginuity. Your use of the SMS Service constitutes your agreement to these Mobile Terms of Service (“Mobile Terms”). We may modify or cancel the SMS Service, or any of its features, at any time. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time, and your continued use of the SMS Service after the effective date of such changes constitutes your acceptance of the changes.

By opting in to Imaginuity’s SMS/text messaging program, including support and notification messaging delivered through Imaginuity Command or any other Platform, you agree to receive recurring SMS/text messages from and on behalf of Imaginuity through your wireless provider, to the mobile number you provided, even if that number is registered on a state or federal Do-Not-Call list. Messages may be sent using an automatic telephone dialing system or similar technology. The SMS Service is used solely for service-related, transactional, and support messaging, including support responses, case/ticket updates, appointment or campaign status alerts, account notifications, and platform alerts sent through the Platforms. Imaginuity does not use the SMS Service to send promotional or marketing messages.

You understand that consent to receive text messages is not required to make a purchase or to receive Services from Imaginuity, and that providing such consent is not a condition of any purchase. Participation in the SMS Service is entirely voluntary.

Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless carrier for details. You are solely responsible for all charges related to SMS/text messages imposed by your wireless provider; Imaginuity does not charge for the SMS Service itself.

You may opt out of the SMS Service at any time by texting the keyword STOP to 844-745-6745 or 469-489-4920, or by clicking the unsubscribe link (where available) in any text message. You will receive a one-time opt-out confirmation message, and no further messages will be sent to your mobile device unless you re-initiate contact or opt back in. If you have subscribed to more than one Imaginuity SMS program, you may need to opt out of each program separately, except where applicable law requires otherwise.

For assistance with the SMS Service, text HELP to 844-745-6745 or 469-489-4920 alternatively you can email help@imaginuity.com

We may change the phone number or short code used to operate the SMS Service at any time and will notify you of such changes. Messages, including STOP or HELP requests, sent to a number or short code we have changed may not be received, and we are not responsible for honoring requests sent to a discontinued number or short code.

Supported wireless carriers are not liable for delayed or undelivered messages. You agree to provide a valid mobile number, and if your number changes, you must re-enroll in the program with your new number. To the extent permitted by applicable law, Imaginuity is not liable for failed, delayed, or misdirected delivery of any information sent through the SMS Service, for any errors in that information, or for any action taken or not taken in reliance on it.

For information on how we collect and use personal information, see our Privacy & Cookies policy at imaginuity.com/legal-privacy.

11. LIMITATION OF LIABILITY

IN NO EVENT WILL IMAGINUITY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING DAMAGES FOR LOST PROFITS OR LOST DATA, ARISING FROM YOUR USE OF THE SITE, ANY PLATFORM, OR THE SERVICES, EVEN IF IMAGINUITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION 11 IS INTENDED TO LIMIT OR MODIFY THE LIMITATION OF LIABILITY OR INDEMNIFICATION PROVISIONS SET FORTH IN A SIGNED ESTIMATE, ORDER, OR IMAGINUITY’S GENERAL SERVICES TERMS AND CONDITIONS GOVERNING A SPECIFIC ENGAGEMENT, WHICH SHALL CONTROL AS TO THAT ENGAGEMENT. FOR USE OF THE SITE, ANY PLATFORM, OR THE SMS SERVICE NOT GOVERNED BY A SIGNED ESTIMATE OR ORDER, IMAGINUITY’S TOTAL LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNT PAID BY YOU TO IMAGINUITY FOR THE SERVICES GIVING RISE TO THE CLAIM, IF ANY; AND (B) ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

12. INDEMNITY

You agree to indemnify and hold harmless Imaginuity and its directors, officers, agents, contractors, affiliates, and employees from and against any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of any third-party claim, action, investigation, or proceeding due to or arising out of (a) your breach of any representation or warranty in these Terms; (b) your use of the Site, any Platform, or the Services in violation of these Terms; or (c) your violation of any law or the rights of a third party.

13. DISCLAIMER OF WARRANTIES

THE SITE, THE PLATFORMS, AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” IMAGINUITY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IMAGINUITY DOES NOT WARRANT THAT THE SITE, THE PLATFORMS, OR THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. IMAGINUITY IS NOT RESPONSIBLE FOR THE ACCURACY OF USER CONTENT OR FOR ANY PARTY’S COMPLIANCE WITH APPLICABLE ADVERTISING, MESSAGING, OR DATA PRIVACY LAWS IN CONNECTION WITH USER CONTENT IT SUBMITS OR APPROVES.

14. GOVERNING LAW; VENUE

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without reference to its conflict of laws provisions. Exclusive venue for any claim or dispute arising under these Terms shall be the state or federal courts located in Dallas County, Texas, and you consent to the personal jurisdiction of such courts.

15. MISCELLANEOUS

These Terms constitute the entire agreement between you and Imaginuity regarding use of the Site and Command, except as supplemented by a signed Estimate, Order, or the General Services Terms and Conditions, Pylot Terms and Conditions, or Chatbot Terms of Service where applicable. If any provision of these Terms is held invalid or unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remainder will continue in full force. Imaginuity’s failure to enforce any provision is not a waiver of that provision. These Terms may not be assigned by you without Imaginuity’s prior written consent, but may be assigned by Imaginuity without restriction. Nothing in these Terms creates a partnership, joint venture, or agency relationship between you and Imaginuity.