HyprAI & Automated Recommendations Addendum

This Addendum governs Customer's use of HyprAI and all automated insights, recommendations, forecasts, and agentic actions ("AI Features") and is part of the Master Subscription Agreement.

1. Nature of AI Features

AI Features use large language models (currently Google Gemini) and statistical/marketing-mix models (including Google Meridian) to produce probabilistic, machine-generated outputs. Customer acknowledges these outputs (a) derive from data and models that may be incomplete, biased, or outdated; (b) may be inaccurate or wrong ("hallucinations") and vary between runs; (c) are decision-support only; and (d) are NOT professional, financial, investment, accounting, legal, or marketing advice and create no fiduciary or advisory relationship.

2. No Guarantee of Results

Hyprtell does not warrant any outcome from AI Features, including any campaign performance, conversion, revenue, cost reduction, or return on ad spend. Modeled/predictive outputs are estimates with inherent uncertainty, not facts.

3. Human Oversight Is Required

Customer must maintain meaningful human review and must not rely on any output as the sole basis for a material decision. AI Features do not execute state-changing actions automatically; each such action runs only after an authorized user confirms it in the platform (see Section 7).

4. Customer Inputs & Data

Customer-entered chat content and relevant marketing data are transmitted to Google's Gemini service to generate outputs. Hyprtell's AI provider is contractually restricted, under the Gemini API paid-tier data-governance terms, from using Customer's inputs or outputs to train its models, and Hyprtell does not use Customer's inputs or outputs to train third-party or public models. Customer should not enter sensitive personal data, secrets, or third-party confidential information into the chat.

5. Third-Party Platform Compliance

Actions executed through AI Features occur on Customer's Connected Platforms and are subject to those platforms' policies (Google Ads, Meta advertising/data/Custom Audience policies). Customer is solely responsible for ensuring recommended and executed actions comply with those policies and with applicable advertising, consumer-protection, and anti-discrimination laws.

6. Customer Responsibility for Approved Actions

This Section applies to every state-changing action Customer approves through the platform, whether recommended by AI Features or initiated by a user (budget reallocation, bid/budget changes, pausing/enabling campaigns, creating campaigns or ads, audience uploads). Customer accepts it by accepting the Master Subscription Agreement, of which this Addendum is part; no separate acceptance is required before each action. Customer agrees:

• Customer's decision: each action is Customer's own business decision, made by an authorized user acting for Customer. Hyprtell carries out the change Customer directs; it does not advise Customer or act as Customer's fiduciary, and it does not decide which actions to take.
• Assumption of risk: Customer assumes all risk of outcomes of actions it approves or executes, including effects on performance, spend, or ROAS/ROI.
• Release & waiver: to the maximum extent permitted by law, Customer releases and waives claims against Hyprtell arising from the results of actions Customer approved, including AI-recommended actions.
• Indemnity: Customer will indemnify Hyprtell for third-party claims arising from actions Customer approved or executed.
• Scope: applies to current and future action types, and to all AI Features, including LLM outputs and algorithmic/statistical forecasting and marketing-mix models (e.g., Meridian).

Nothing in this Section expands liability beyond, or is inconsistent with, MSA Section 11 (including the data-protection super-cap), which is the controlling statement of liability. Nothing here excludes liability that cannot be excluded by law.

7. Confirming Actions & Approval Records

Before each state-changing action runs, the platform shows the authorized user what will change (for example, the campaigns, accounts, and amounts affected) and asks them to confirm it. Confirming is the authorized user's instruction, on Customer's behalf, to make that change. The platform records each confirmation (who confirmed, what was shown, and when) as a tamper-evident audit record, and does not run the action if that record cannot be saved. Customer consents to this logging.

8. Beta & Disclaimers

AI Features may be offered as beta/early-access under the Beta / Early-Access Addendum. AI FEATURES AND ALL OUTPUTS ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ACCURACY, RELIABILITY, OR FITNESS. Liability relating to AI Features is subject to the MSA disclaimers and Section 11 limitation of liability and to Section 6.