Terms and Conditions

Last Updated: October 7th, 2025

You are entering into this agreement with Alterian.

These Terms and Conditions (“Terms”) apply to User's use of the Services. By using the Services, User agrees to be bound by these Terms. If you do not wish to be bound by these Terms you should not use the Services. Alterian reserves the right to modify, amend, and update the Terms at any time.

1. Defined Terms

In these Terms and Conditions, the following terms shall have the following meanings unless the context otherwise requires:

2. Services

2.1 Site & Journey Insight Platform. Alterian provides access to Journey Insight Platform via its Sites for the purpose of accessing the Content of the Journey Insight Platform, including Copilot Output.

Alterian may suspend, disable or terminate your access to the Journey Insight Platform or Sites at any time, provided, however, that if User has purchased, through an Order Form as defined in Section 7, then the User’s access to the Journey Insight Platform or Sites shall be governed under the terms as outlined in Section 7.

2.2 Trial Access. If Alterian agrees to provide trial access, such access may be limited to certain subsections of Content, including access to Copilot.

2.3 Updates. Alterian may modify the Journey Insight Platform and Sites at any time without any notice.

3. Users

3.1 Requirements for Use. The Journey Insight Platform may only be accessed through valid login credentials issued to you or created by you. You must register for a User account using a unique User email address and password and complete the registration process by entering your information in the Alterian Sites including current, complete and accurate information as prompted by the form. By using the Journey Insight Platform you agree that you have read, understood, and consented to the terms of the Alterian Privacy Policy, which is available for your review on the Sites. Alterian may amend these policies at any time without notice, and the amended Policy will be posted on the Sites.

3.2 Responsibility for Use. Your account User email address and password are solely for your individual use to access the Journey Insight Platform and you may not permit anyone else to use them or your account. You are responsible for all use of the Journey Insight Platform, Sites and Content (including Copilot Output) accessed through your account (including any illicit use of your User email address or password) and for preventing such unauthorized use.

3.3 Reporting Unauthorized Use or Access. If you believe there has been unauthorized access or use of the Journey Insight Platform, the Sites or any Content (including Copilot Output) through your account credentials, you must notify Alterian immediately by emailing support@alterian.com.

4. Allowed Usage

4.1 Use Rights. Alterian hereby grants to User a non-exclusive, non-transferable rights to use the Journey Insight Platform. The User shall not sell, lease, assign, sublicense or otherwise transfer Journey Insight Platform or Content in whole or in part, to any third party without Alterian permission. The User shall use Insubstantial Amount of Content for marketing and training purposes. The User shall use the Journey Insight Platform only as permitted under the Agreement.

4.2 Use of Content and Insights in Presentations and Reports. The User may incorporate insights from the Journey Insight Platform into presentations and reports (User's "Work Product") so long as (A) the quantity of data incorporated from the Journey Insight Platform into the Work Product has no independent commercial value and is not separately marketable by Alterian; (B) the Work Product is not issued on behalf of a third party; (C) the Work Product is not published to more than 50 individuals without the prior written consent of Alterian, which consent will not be unreasonably withheld; and (D) the incorporated Journey Insight Platform contains the following source attribution: Source: Alterian Software.

Alterian retains sole ownership over any Journey Insight Platform content incorporated into the Work Product. Dashboard exports (including PDFs, images, and CSVs) are Content and may be used only in Insubstantial Amounts within the User’s Work Product, subject to the limits and requirements stated in this Section 4. For clarity, this sentence does not apply to Copilot Output, which is owned by User as set out in Sections 1 and 6. If Alterian assists User in the creation of Work Product, the User may be charged additional fees as agreed to in writing by Alterian and User in a separate Alterian Order Form.

4.3 Printing & Downloading. The User may print or download and store Insubstantial Amount of Content authorized by this agreement. However, the User may not use such printing and downloading to compile more than an insubstantial portion of the Alterian Journey Insight Platform.

5. Prohibited Usage

5.1 No Uses Competitive with Alterian. User agrees not to use the Journey Insight Platform in furtherance of a Competitive Product. The Journey Insight Platform may not be used for any competitive analysis of how Alterian's products and services compare to a Competitive Product being offered or developed by the User.

5.2 Limitation on Distribution. User will not and will not permit others to (A) make Journey Insight Platform and Services available to, or use any Journey Insight Platform for the benefit of, anyone other than User unless expressly stated otherwise, (B) sell, resell, license, sublicense, distribute, make available, rent or lease any Content, or include Journey Insight Platform and Services in a service bureau or outsourcing offering, (C) attempt to gain unauthorized access to Journey Insight Platform or Alterian’s related systems, networks or data, (D) permit direct or indirect access to or use of Journey Insight Platform in a way that circumvents any of Alterian's (or Alterian's licensors’) intellectual property except as expressly permitted under the Agreement, (E) reverse engineer any Journey Insight Platform and Service or Alterian software (to the extent such restriction is permitted by applicable law). This section does not restrict User’s internal use of Copilot Output; restrictions continue to apply to Content that is not generated as Copilot Output and to the Journey Insight Platform and Services. All of the above should not prohibit the User in promoting Journey Insight Platform to a wider audience.

5.3 No Technological Attacks or Scraping. User may not use or attempt to use any deep-link, scraper, robot, bot, spider, data mining, computer code or any other device, program, tool, algorithm, process, or methodology to systematically access, acquire, copy, or monitor any portion of the Content (including Copilot Output) or Site. Additionally, User may not modify, decompile, decrypt, disassemble or reverse engineer any portion of the Services or Site. Further, User will not use the Content in conjunction with any machine learning, neural network, deep learning, predictive analytics or other artificial intelligence computer or software program. This prohibition applies only to Content that is not generated in Copilot Output and does not restrict User’s Copilot Input or Output. If User collects data from the Site in violation of this Section 5.3, User agrees to promptly, upon receipt of invoice, delete such data and pay 150% of the then-current direct data pricing for such data.

5.4 Unauthorized Access. User may not, through hacking, password mining, or any other means, violate the security of the Site or attempt to gain unauthorized access to the Journey Insight Platform, Site, Content (including Copilot Output), or Alterian's computer systems. Authorized Users may not share their password or other login credentials with the Journey Insight Platform.

5.5 No Violations of Third-Party Intellectual Property. User may not use the Journey Insight Platform, Site, Services, or any Content (including Copilot Output) in a manner that infringes or violates the intellectual property or proprietary rights of Alterian or any third party, including, without limitation, the rights of privacy and publicity.

5.6 No Use in Violation of Laws. User may not use the Journey Insight Platform, Site or Content (including Copilot Output) in any manner that is unlawful or that harms Alterian.

Additionally, the User may not use the Journey Insight Platform, Site or Content (including Copilot Output) in any way that is fraudulent, false, or deceptive.

6. Reservation of Rights

Except as detailed below in this Section 6, all rights-including all copyrights and other intellectual property rights-in the Journey Insight Platform, Services, Site, and Content, belong to Alterian. Unless expressly provided otherwise, nothing in this Agreement is to be construed to grant User any license or right to the Journey Insight Platform, Site, Services or Content.

6.1 Derivations of Content. With respect to Content excluding Copilot Input or Output, authorized users retain ownership of derivative works they create using the Journey Insight Platform or the Services provided those works are significantly transformed to the point where any Content on which they are based, or that forms one or more inputs into them, is not easily decipherable or constructible by a person skilled in Journey Insight Platform. For clarity, this does not apply to Copilot Output, which is owned by User per Section 6.2.

6.2 Your Content. With respect to Journey Insight Copilot, you may provide Copilot Input to the Services and receive Copilot Output from the Services based on the Copilot Input. Copilot Input and Output are collectively deemed the property of the User. You are responsible for Copilot Input and Output, including ensuring that it does not violate any applicable law or these Terms. You represent and warrant that you have all rights, licenses, and permissions needed to provide Input to Alterian Services and Sites.

6.3 Similarity of Content. Copilot Output produced by Alterian Services and Sites is generated using artificial intelligence and may not be unique. Other users may be delivered Copilot Output which is the same or approximately similar in nature to Copilot Output delivered to you. Your rights to the Copilot Output do not extend to the Copilot Output of other users or third-parties.

6.4 Alterian Use of Content. Both Copilot Input and Output may be used by Alterian to develop, maintain, and improve Alterian Services and Sites, including the training of Alterian’s artificial intelligence models and algorithms. In addition, Alterian may use Copilot Input and Output to comply with applicable law, enforce Alterian terms and policies, and keep Alterian Services and Sites safe.

6.5 Use at Your Own Risk. User acknowledges the following in using Alterian Services and Sites:

(a) Copilot Output may not always be accurate. User should not exclusively rely on Copilot Output from Alterian Services as a sole source of truth or factual information, or as a substitute for expert information or advice.

(b) Responsibility for verification. User must evaluate Copilot Output for accuracy, appropriateness, and relevance for User’s specific use case, goals, or needs, including performing due diligence and review of Copilot Output (primarily through human means) before using Copilot Output from the Services.

(c) Not for legal or investment use. User is prohibited from the use of Copilot Output for the purpose of making credit, educational, employment, housing, insurance, legal, medical, or other important decisions relating to a person or persons, including companies or organizations.

(d) Non-endorsement of opinions expressed in Copilot Output. Alterian Services may produce incomplete, incorrect, or offensive Copilot Output that does not represent Alterian’s views or opinions. Any reference to third party products or services is not an indication of an endorsement by such third party of Alterian.

(e) Review of Interactions and Content (including Copilot Output). Alterian may review User interactions with its Services and Sites, whether through automated means or human review, for the purposes of quality assurance, system improvement, and, where required, government and regulatory compliance.

(f) Access to and Deletion of Personal Data. Users may, subject to applicable law, request access to, correction of, or deletion of personal data that may be collected in the course of using Alterian Services and Sites. Alterian’s Privacy Policy outlines procedures for making such requests. Deletion of User accounts or Content may not remove all stored personal data unless a request is properly submitted through the prescribed process.

7. Payment Terms

7.1 Services Term. Alterian will deliver the Services to User for the Services Term. The Services Term will be defined and listed on an Order Form presented at the time of purchase of the order (“Order Form”). Unless the Parties agree otherwise in writing, increases in the Services purchased during a Services Term will have a prorated term ending concurrently with the then-current Services Term.

7.2 Renewal. Renewal Terms, if any, and whether the Services are auto renewed, will be listed on the applicable Order Form. Notice of non-renewal or scope reduction must be given at least thirty days before the start of the next Renewal Term, unless specified otherwise on the applicable Order Form. If User reduces its license count, quantity, or minimum commitment, Alterian may adjust or remove discounts offered to User based on its prior purchase.

7.3 Authorized Purchasers.

(a) Provisioning. To provision the Services, Alterian requires the email address of the initial Authorized Purchaser to be included on the Order Form. Failure to include correct Authorized Purchaser information on the Order Form may result in delays.

(b) Purchases. The Services may be configured to allow Authorized Purchasers to purchase additional licenses, quantities, or volumes of Services. User is responsible for understanding the Services settings that allow additional purchases. Alterian will charge User for additional licenses, quantities, or volumes of Services for the remainder of the then-current Services Term based on User’s then-current price unless otherwise set forth on the Order Form.

(c) Modifications. Alterian may update the Services periodically. If an update materially reduces the Services functionality, Alterian will notify User and/or Authorized Purchaser(s) at the email address provided in the User account profile. Within five business days of receipt of this notice, User or Authorized Purchaser may choose to terminate the Agreement by providing thirty days prior written notice. This termination right will not apply to updates made to features provided on a beta or evaluation basis.

(d) Continuing Obligations. User and Authorized Purchaser(s) must provide accurate and current User account information. User will not share access credentials or individual login credentials between multiple users. User may not resell or lease access to its account or to any Permitted End User account. User will promptly notify Alterian if it becomes aware of unauthorized access to the account or the Services.

(e) Permitted End Users. Permitted End User accounts may only be provisioned to, registered for, and used by, a single end user. User is responsible for all activities that occur under its account, including the activities of Permitted End Users with an account. User will obtain and maintain from Permitted End Users any consents necessary to allow User to engage in the activities described in the Agreement and to allow Alterian to deliver the Services.

7.4 Usage-based Services. If User purchases Services based on usage, User acknowledges that Alterian will charge User the Fees for the Services based on the usage calculated by Alterian.

7.5 Fees. User will pay Alterian or Alterian’s reseller the applicable Fees in the currency and pursuant to the payment terms on the order form presented at the time of subscription purchase (“Fees”). User authorizes Alterian, or its reseller if applicable, to charge User for all applicable Fees using the payment method selected by User at time of subscription purchase. Fees are non-refundable except as required by law or as otherwise specifically permitted in the Agreement. If User’s Order Form includes a minimum commitment, the minimum commitment amount is non-cancellable except as required by law or as otherwise specifically permitted in the Agreement.

7.6 Payment. User will pay Alterian invoices on the payment interval set forth in the Order Form. Alterian may suspend or terminate the Services if Fees are past due. User will provide complete and accurate billing and contact information to Alterian.

7.7 Taxes. Fees are exclusive of taxes, which Alterian, or Alterian’s reseller, will charge as required by applicable law in connection with the Services. Alterian, or Alterian’s reseller, will use the name and address in the User’s account profile as the place of supply for tax purposes. All Fees under this Agreement shall be paid in full, without any deduction or withholding for taxes, levies, duties, tariffs, or other charges of any nature imposed by any governmental authority. If any such deduction or withholding is required by law, User shall increase the payment to Alterian, or to Alterian’s reseller, so that the net amount received equals the amount invoiced.

7.8 Disputes. To dispute an invoice User must: (a) contact ar-subscription@alterian.com⁠ within thirty days of the date the disputed invoice was issued; and (b) pay all undisputed amounts. Overdue undisputed amounts may be subject to a finance charge of 1.5% of the unpaid balance per month.

7.9 Service Credits. User may need to prepay for Services by purchasing service credits. Such service credits are subject to the specific terms agreed upon between User and Alterian⁠.

7.10 Corrections. Price changes on the subscription pricing page will be effective fourteen days after they are posted. Alterian has the right to correct pricing errors or mistakes even after issuing an invoice or receiving payment.

7.11 Suspension.

(a) Permitted End Users. If a Permitted End User: (a) violates the Agreement; or (b) causes, or will cause, a security concern, then Alterian may request that User suspend or terminate the relevant Permitted End User account. If User fails to promptly suspend or terminate the Permitted End User account, then Alterian may do so pre-emptively.

(b) Services. Alterian may limit or suspend User’s access to the Services if: (a) it is required to do so by law; (b) User violates the Agreement or Alterian policies as referenced in this Agreement; or (c) doing so is necessary to prevent or terminate a security concern. Alterian will use reasonable efforts to notify User before limiting to or suspending the Services pursuant to the preceding sentence but may do so without prior notice to the extent reasonably necessary. Alterian will use reasonable efforts to: (i) narrowly tailor a limitation or suspension to prevent or terminate the security concern; and (ii) cooperate with User to promptly restore access to the Services once it verifies User has resolved the condition requiring suspension.

8. Term and Termination

8.1 Agreement Term. The Agreement will remain in effect for the Term as defined on the Order Form presented at time of purchase of the order.

8.2 Termination. Either party to this Agreement may terminate this Agreement, including all Order Forms, upon written notice if the other party: (a) materially breaches this Agreement and fails to cure the breach within thirty days after receipt of written notice; or (b) ceases its business operations or becomes subject to insolvency proceedings.

8.3 Effects of Termination. If this Agreement terminates, the rights granted by Alterian to User will cease immediately. Termination or expiration will not affect any rights or obligations, including the payment of amounts due, which have accrued under this Agreement up to the date of termination. In addition, except for a termination by User for cause, if this Agreement terminates, any unpaid minimum commitment amounts set forth on the Order Form will become immediately due. Despite anything to the contrary in this Agreement, Alterian may retain Copilot Input and Output that violate Alterian’s Privacy Policy or breach prohibited usage terms as outlined in this Agreement, or, if User’s access to the Services is suspended per terms of Suspension (Section 7.11) or terminated per Section 8.2, Alterian may share such information related to the Copilot Input and Output in violation, as required by law, or as reasonably necessary to protect the Services or any third party from harm.

9. Representations

9.1 User represents and warrants to Alterian that the User has the necessary authority to enter into and perform its obligations under this Agreement and that this Agreement has been duly authorized and executed by the User.

10. Warranty; Disclaimer

10.1 Disclaimer. EXCEPT FOR THE WARRANTIES SPECIFICALLY STATED IN THIS SECTION, ALL INSIGHTS, PRODUCTS AND SERVICES ARE PROVIDED “AS-IS,” AND ALTERIAN HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY OF FITNESS FOR A PARTICULAR PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ALTERIAN FURTHER DISCLAIM ALL WARRANTIES (I) RELATING TO THE ACCURACY, CORRECTNESS, OR COMPLETENESS OF THE JOURNEY INSIGHT PLATFORM OR ANY PORTION THEREOF, INCLUDING COPILOT OUTPUT, THAT IS MADE AVAILABLE, AND (II) THAT THE JOURNEY INSIGHT PLATFORM, INCLUSIVE OF COPILOT, PROVIDED WILL BE FREE FROM ERRORS, OMISSIONS, DEFECTS, OR DELAYS IN OPERATION, OR FROM TECHNICAL INACCURACIES OR OTHER ERRORS

10.2 Warranty. ALTERIAN MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY OR COMPLETENESS OF CONTENT THEREIN OR GENERATED THEREWITH, INCLUDING THAT OF COPILOT OUTPUT.

10.3 User's assumption of risk. ANY DECISIONS USER MAKES ON THE BASIS OF THE CONTENT, INCLUDING COPILOT OUTPUT, ARE MADE SOLELY AT USERS OWN RISK. ALTERIAN HAS NO RESPONSIBILITY OR LIABILITY ARISING FROM SUCH DECISIONS. AND ALTERIAN HAS NOT AND CANNOT MAKE ANY GUARANTEE THAT THE CONTENT, INCLUDING COPILOT OUTPUT, IS AN ACCURATE REFLECTION OF REAL-WORLD FACTS.

10.4 No offer or solicitation. THE CONTENT, INCLUDING COPILOT OUTPUT, IS NOT AN OFFER, OR A SOLICITATION OF AN OFFER, TO BUY OR SELL ANY PARTICULAR SECURITY, STRATEGY OR INVESTMENT PRODUCT, NOR DOES THE CONTENT, INCLUDING COPILOT OUTPUT, CONSTITUTE INVESTMENT ADVICE. PAST PERFORMANCE OF INVESTMENTS IS NOT INDICATIVE OF FUTURE RESULTS AND ACTUAL OUTCOMES MAY DIFFER MATERIALLY. THE VALUE OF INVESTMENTS REFERRED TO IN THE CONTENT, INCLUDING COPILOT OUTPUT, AND THEIR INCOME MAY GO DOWN AS WELL AS UP. IF YOU CHOOSE TO INVEST IN ANY PRODUCT REFERRED TO IN THE CONTENT, INCLUDING COPILOT OUTPUT, YOUR CAPITAL WILL BE AT RISK AND YOU MAY LOSE SOME OR ALL OF YOUR INVESTMENT. THE CONTENT, INCLUDING COPILOT OUTPUT, IS NOT INTENDED TO PROVIDE, AND SHOULD NOT BE RELIED ON, FOR FINANCIAL, OPERATIONAL, ACCOUNTING, TAX, LEGAL OR REGULATORY ADVICE. THE CONTENT, INCLUDING COPILOT OUTPUT, DOES NOT CONSTITUTE A RESEARCH RECOMMENDATION FOR THE PURPOSES OF MAKING AN INVESTMENT OR ADVISING ON THE MERITS OF ONE.

11. Indemnification

11.1 User's Promise to Indemnify. User understands and agrees that it is responsible for use of the Journey Insight Platform, Content (including Copilot Input and Output), and Services. User agrees to indemnify, defend and hold harmless Alterian, its subsidiaries, affiliated companies, joint venturers, business partners, licensors, employees, agents, and any applicable third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys’ fees, resulting from or arising out of the use, misuse, or inability to use the Journey Insights Platform, Services or Content (including Copilot Input and Output) or any violation by User of these Terms or applicable laws.

12. Limitation of Liability

12.1 Limitation on Aggregate Liability. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF EACH PARTY TOGETHER WITH ALL OF ITS AFFILIATES ARISING OUT OF OR RELATED TO THE AGREEMENT EXCEED THE TOTAL AMOUNT PAID (OR PAYABLE, AS APPLICABLE) BY USER AND USER’S AFFILIATES HEREUNDER FOR THE INSIGHTS, PRODUCTS AND SERVICES GIVING RISE TO THE LIABILITY IN THE TWELVE MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY BUT WILL NOT LIMIT USER’S AND USER’S AFFILIATES’ PAYMENT OBLIGATIONS UNDER THE AGREEMENT. NOTHING IN THIS SECTION SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR FRAUD.

12.2 Exclusion of Consequential and Related Damages. EXCEPT FOR CLAIMS COVERED BY A PARTY’S INDEMNIFICATION OBLIGATIONS, IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THE AGREEMENT FOR ANY LOST PROFITS, REVENUES OR GOODWILL, ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, OR THE PROCUREMENT OF ANY SUBSTITUTE PRODUCTS OR SERVICES, REGARDLESS OF THE THEORY OF LIABILITY OR WHETHER A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE.THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

12.3 No Liability for Fault with Journey Insight Platform, Content (including Copilot Output), and Services. Except as expressly agreed otherwise in this Agreement, (A) the Journey Insight Platform, Content (including Copilot Output), and Services is provided "as-is" and "as available," and (B) Alterian will not be liable for any damages incurred by User that result from User's use of the Journey Insight Platform, Content (including Copilot Output), and Services.

12.4 Categorical Limitation on Damages. Except for (A) User's indemnification obligations under this Agreement, (B) User's liability if it breaches the promises contained in Section 7, and (C) User's willful misconduct or gross negligence, under no circumstances will either party be liable for any indirect, incidental, special punitive, exemplary, or consequential damages with respect to this Agreement. This categorical limitation on damages applies even if such damages could have been foreseen or prevented.

13. Links to Third-Party Sites

13.1 The Site may contain links to other web sites ("Linked Sites").

13.2 The Linked Sites are not under the control of Alterian and Alterian is not responsible for the contents or operation of any Linked Site.

13.3 Alterian provides these links only as a convenience, and the inclusion of any link does not imply endorsement by Alterian of the Linked Sites or any association with its operators.

14. Relationship of the Parties

14.1 Nothing in this Agreement will be construed to create a partnership or joint venture between the parties.

15. Confidentiality

15.1 Except as otherwise provided herein, the terms of the Agreement shall be maintained as confidential by the parties.

15.2 User agrees that the Journey Insight Platform, Content (including Copilot Output) and Services, and any other confidential or proprietary information or materials provided or made available by Alterian or its affiliates (collectively, “Confidential Information”) shall be kept strictly confidential. User’s Copilot Input and Output are treated as Confidential Information to the extent they reflect or include User’s Confidential Information.

15.3 User agrees to (i) not disclose the Confidential Information to any third party for any purpose; (ii) use at least the same security measures as User uses to protect User's own confidential information but no less than commercially reasonable measures; and (iii) cease all use of the Confidential Information upon the expiration or termination of the Agreement.

15.4 User agrees that any breach of the provisions regarding ownership or confidentiality contained in the Agreement may cause Alterian irreparable harm, and Alterian may obtain injunctive relief as well as seek all other remedies available to Alterian under the Agreement, at law and in equity in the event of any breach or threatened breach of such provisions.

15.5 Alterian may make reference to the existence of the Agreement for the purposes of Alterian’s published financial reports or Alterian's own promotional and advertising activities (such as including User on Alterian’s consumer lists). Subject to first receiving the User's approval in writing (not to be unreasonably withheld or delayed), Alterian may issue a press release announcing the Agreement between the parties, publish case studies describing User’s experience as an Alterian user, and publish or post such other information as approved by both parties.

16. Governing Law and Jurisdiction

16.1 For Alterian, the Agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with Journey Insight Platform shall be governed by and construed in accordance with the law of the state of New York.

17. Special Terms

17.1 If you are a Permitted End User and you are employed by an entity that executed an Alterian Order Form under which you are an Permitted End User and the terms related to such order form provide for additional or different rights for your use, those specific terms are null and void for the Journey Insight Platform and only these Terms will prevail over the terms of any other Agreement. Any other terms not related to Journey Insight Platform will survive and stay in place.

18. Marketing Communication

18.1 In accordance with Alterian’s Privacy Policy, User acknowledges and agrees that Alterian may use contact information submitted by User to Alterian to communicate to the User and market Alterian products and services through various means, including by telephone, mobile, and email messages. Such communications may include company news, industry updates, events, promotions, reports, and other items, including surveys to carry out market research.

18.2 User may opt out of receiving marketing communications from Alterian at any time by using the ‘unsubscribe’ link provided in Alterian email communications or by contacting Alterian at privacy@alterian.com. For more information about your personal data and rights, please refer to Alterian’s Privacy Policy, which is available on our Sites.

18.3 In the case of mobile messages, User understands that message and data rates may apply. After User submits mobile contact information in order to opt-in and subscribe to marketing communications via mobile messages, User will receive a confirmation message requesting confirmation of the subscription. User can opt-out of receiving mobile messages at any time by replying with STOP to any message received.