Postcards.ai Customer Terms of Service

Last Modified: May 18, 2026

These Customer Terms of Service (these "Customer Terms") are entered into by and between PostPilot, Inc., a Delaware corporation with a principal office at 169 Madison Ave, Suite 11452, New York, NY 10016, US, doing business as Postcards.ai ("Postcards.ai", "Company", "we", "us", or "our"), and the customer accepting these Customer Terms ("Customer", "you", or "your"). These Customer Terms govern the direct-mailing services and professional services directly related to the direct-mailing process offered by Postcards.ai (collectively, the "Services") and Customer's access to and use of the Dashboard, Platform, Documentation, and related tools made available to facilitate the Services.

Please read these Customer Terms carefully. These Customer Terms contain a jury trial waiver and a mandatory arbitration provision.

By creating an account, clicking to accept these Customer Terms, signing an Order, or using the Services, Dashboard, Platform, or related tools, Customer agrees to these Customer Terms and represents that it has authority to bind the entity on whose behalf it uses them. If Customer does not agree to these Customer Terms, Customer may not use the Services, Dashboard, Platform, or related tools.

The following documents are incorporated into these Customer Terms by reference: the Postcards.ai Privacy Notice, the Postcards.ai Global Data Processing Addendum ("DPA"), the Postcards.ai Acceptable Use Policy, the Postcards.ai Third-Party Provider Terms, and any applicable order form, statement of work, insertion order, dashboard purchase, invoice, online checkout, or other ordering document accepted by the parties (each, an "Order"). These Customer Terms, the incorporated documents, and all Orders are collectively the "Agreement."

If there is a conflict between these Customer Terms and an Order signed by both parties, the Order controls for that Order only. If there is a conflict between these Customer Terms and the DPA for privacy or data protection matters, the DPA controls for those matters. If there is a conflict between these Customer Terms and the Acceptable Use Policy or Third-Party Provider Terms regarding the subject matter of those documents, the Acceptable Use Policy or Third-Party Provider Terms, as applicable, controls.

1. General Provisions

1.1 Customers, Authorized Users, and Customer Content

"Authorized User" means any employee, contractor, representative, agent, or other individual Customer authorizes to access or use the Services, Dashboard, Platform, or related tools under Customer's account.

"Customer Content" means all content, files, text, images, logos, trademarks, URLs, designs, templates, creative, copy, offers, data, lists, recipient information, prompts, instructions, and other materials submitted to, uploaded to, generated in, or made available through the Services, Dashboard, Platform, or related tools by or on behalf of Customer or its Authorized Users.

"Customer Personal Data" has the meaning given in the DPA.

"Dashboard" means the Postcards.ai web-based dashboard, account interface, and related administrative interfaces made available to facilitate access to, ordering, management, or administration of the Services.

"Platform" means the Postcards.ai websites, applications, APIs, MCP endpoints, design tools, AI-assisted tools, software interfaces, integrations, and other tools made available to facilitate access to, ordering, management, administration, or delivery of the Services.

For the avoidance of doubt, the Dashboard, Platform, APIs, MCP endpoints, design tools, AI-assisted tools, and any software interface provided by Postcards.ai are not themselves Services under the Agreement. They are provided as tools to facilitate access to, ordering, management, administration, or delivery of the Services. Postcards.ai makes no representations or warranties regarding the Dashboard or Platform except as expressly set forth in the Agreement.

Customer is responsible for all activity under Customer's account and for all acts and omissions of its Authorized Users. Customer will ensure that Authorized Users comply with the Agreement. Customer is responsible for maintaining the confidentiality of credentials and for promptly notifying Postcards.ai at team@postcards.ai of any suspected unauthorized access to or use of the Services, Dashboard, Platform, or related tools.

Customer is solely responsible for Customer Content, including its accuracy, legality, quality, integrity, and suitability. Customer represents and warrants that it has all rights, permissions, consents, notices, authorizations, licenses, and lawful bases necessary to submit, use, process, transmit, display, reproduce, distribute, and mail Customer Content through the Services.

Postcards.ai may rely on instructions given by Customer's administrators and Authorized Users. Customer is responsible for configuring roles, permissions, integrations, billing settings, audiences, campaign settings, and connected accounts. Postcards.ai may suspend or revoke access for any Authorized User if Postcards.ai reasonably believes the user has violated the Agreement or presents security, compliance, or operational risk.

1.2 Subscriptions

A subscription allows Customer and its Authorized Users to access the Dashboard, which is a tool to facilitate ordering, management, or administration of the Services. The Dashboard is not a Service, but a tool to access or acquire Services. Any Customer that signs up to order or manage Services, whether through a free or paid account arrangement, may have access to the Dashboard.

The features and functionality available to Customer within the Dashboard may vary depending on the type of account, subscription plan, usage rights, or Services purchased by Customer. Certain Dashboard features and functionality may be available only to paid customers or customers purchasing particular mailings, data products, or related Services. The applicable Order, Dashboard, or checkout flow will identify the subscription plan, Subscription Period, fees, features, usage limits, and other commercial terms, if any. If no Subscription Period is stated, the Subscription Period is month to month.

Usage limits may apply to mailpieces, campaigns, postage, data products, audiences, stored records, design generations, uploaded files, API calls, MCP usage, integrations, or other metered features. Postcards.ai may monitor usage to administer limits, calculate fees, protect the Services, Dashboard, and Platform, prevent abuse, and improve operations. If Customer exceeds applicable limits, Postcards.ai may charge overage fees, require additional payment or an upgraded plan, suspend excess usage, or otherwise enforce the limits.

1.3 Beta Features

Postcards.ai may offer beta, preview, pilot, evaluation, experimental, or pre-release features ("Beta Features"). Beta Features are provided for evaluation and feedback, are not guaranteed to be generally available, and may be modified, suspended, or discontinued at any time. Beta Features are provided "as is" without warranties, service commitments, or support obligations, except to the extent expressly stated in writing by Postcards.ai.

1.4 Feedback

If Customer or any Authorized User provides suggestions, recommendations, requests, comments, ideas, or feedback about the Services ("Feedback"), Customer grants Postcards.ai a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, sublicensable license to use, reproduce, modify, distribute, display, perform, commercialize, and otherwise exploit the Feedback for any purpose without restriction or compensation.

1.5 Privacy Policy and Protection of Personal Data

The Privacy Notice describes how Postcards.ai collects, uses, discloses, and otherwise processes personal information. The DPA governs the parties' data protection obligations for Covered Data, including Customer Personal Data and Postcards.ai Personal Data.

Customer will provide all notices, obtain all consents, honor all opt-outs and suppression requests, and maintain all rights and permissions required for Customer's use of personal information in connection with the Services. Customer is responsible for the legality of Customer's marketing, data sources, audience criteria, offers, claims, disclosures, and instructions.

2. Service Usage Restrictions

2.1 Our License to Customer

(a) Ownership of the Services, Documentation, and Company Data

Postcards.ai and its licensors own all right, title, and interest in and to the Services, Documentation, Dashboard, Platform, software, technology, APIs, templates, workflows, models, systems, algorithms, interfaces, designs, know-how, improvements, analytics, aggregated or de-identified data, Company Data, and all related intellectual property rights. No rights are granted except as expressly stated in the Agreement.

"Company Data" means data, information, analytics, scoring, models, metadata, benchmark data, usage data, system data, or other information generated, sourced, maintained, supplemented, or created by Postcards.ai or its providers, excluding Customer Content and Customer Personal Data except where such data has been aggregated, anonymized, or de-identified so that it is no longer personal data under applicable law.

(b) Licenses to the Services and Documentation

Subject to the Agreement and the applicable Order, Postcards.ai grants Customer a limited, non-exclusive, non-transferable, non-sublicensable license during the applicable term to access and use the Services, Dashboard, Platform, and Documentation solely for Customer's internal business purposes and solely in accordance with the Agreement. Access to the Dashboard and Platform is provided solely to facilitate Customer's use, ordering, management, administration, or acquisition of the Services.

2.2 Customer's Licenses to Us

(a) Ownership of Customer Content

As between the parties, Customer owns Customer Content. Customer reserves all rights in Customer Content except for the licenses granted in the Agreement.

(b) License to Customer Personal Data

Customer grants Postcards.ai, its affiliates, service providers, and Third-Party Providers the rights and licenses necessary to Process Customer Personal Data to provide, operate, secure, support, improve, and maintain the Services, comply with law, enforce the Agreement, exercise rights under the DPA, and perform obligations under the Agreement.

(c) License to User Content

Customer grants Postcards.ai a non-exclusive, worldwide, royalty-free license to host, copy, reproduce, process, transmit, display, modify, create derivative works from, distribute, and otherwise use Customer Content as necessary or useful to provide, operate, secure, support, improve, and maintain the Services; render, print, mail, and track campaigns; provide AI-assisted features; provide customer support; comply with law; and enforce the Agreement.

2.3 Use of the Services

Customer will use the Services, Dashboard, Platform, and Documentation only in accordance with the Agreement, Documentation, applicable law, postal requirements, and third-party provider requirements. Customer will not, and will not permit Authorized Users or third parties to:

• copy, distribute, disclose, scrape, crawl, or extract any part of the Services, Dashboard, Platform, or Documentation except as expressly permitted;
• access or use the Services, Dashboard, Platform, or Documentation to build or improve a competing product or service;
• reverse engineer, decompile, disassemble, or attempt to derive source code, underlying ideas, algorithms, or non-public information from the Services, Dashboard, Platform, or Documentation;
• interfere with or disrupt the integrity, security, availability, or performance of the Services, Dashboard, Platform, or related systems;
• bypass, disable, or circumvent security, rate limiting, access controls, usage limits, or other restrictions;
• upload malware or harmful code;
• use the Services, Dashboard, or Platform to violate law, third-party rights, postal rules, or provider requirements;
• submit data or content Customer is not authorized to use;
• use the Services, Dashboard, or Platform for eligibility determinations for credit, employment, insurance, housing, education, government benefits, or similar purposes;
• use the Services, Dashboard, or Platform for unlawful surveillance, stalking, harassment, discrimination, intimidation, or deception; or
• use the Services, Dashboard, or Platform in a manner that creates legal, security, operational, provider, or reputational risk for Postcards.ai.

2.4 Free Trial Account and Services

Postcards.ai may offer free accounts, free trials, samples, credits, or trial access to the Dashboard, Platform, or certain Services. Free trials are provided for evaluation only and may be modified, limited, or terminated at any time. Unless otherwise stated, free trial access expires at the end of the stated trial period or when Customer purchases paid Services. Postcards.ai has no obligation to retain Customer Content or Customer Data after a free trial ends.

Postcards.ai may determine eligibility for free trials, samples, credits, or promotions in its discretion. Customer may not create multiple accounts to obtain additional free trials, credits, or promotional benefits.

2.5 Acceptable Use

Customer will comply with the Acceptable Use Policy. Postcards.ai may reject content, pause campaigns, suspend access, or terminate Services if Postcards.ai reasonably believes Customer has violated the Acceptable Use Policy, the Third-Party Provider Terms, applicable law, postal requirements, provider requirements, or the Agreement.

3. Shipping

3.1 Delivery Times

Delivery and in-home estimates are estimates only. Direct mail production and delivery may be affected by proofing, rendering, print queues, mail volume, postal operations, address quality, recipient relocation, weather, holidays, carrier delays, third-party providers, and other circumstances outside Postcards.ai's control. Postcards.ai does not guarantee delivery dates, delivery windows, delivery rates, response rates, return on ad spend, attribution outcomes, revenue, or any other business result.

3.2 Transfer of Title and Risk of Loss

For physical mail pieces, title and risk of loss transfer in accordance with the applicable print, mail, postal, or delivery process once the mail pieces are tendered to the applicable postal carrier, mail processing provider, or delivery provider. Postcards.ai is not responsible for delays, loss, damage, destruction, return, forwarding, non-delivery, or misdelivery after tender to the applicable provider, except to the extent expressly stated in an Order.

3.3 Damaged or Missing Products

Customer must promptly notify Postcards.ai of any damaged, defective, missing, or materially non-conforming mailed product. Postcards.ai may require reasonable evidence, including photographs, samples, postal records, or recipient information. Customer's exclusive remedy for damaged, defective, missing, or materially non-conforming mail pieces is, at Postcards.ai's discretion, a reprint, remailing, credit, refund, or other commercially reasonable remedy. Postcards.ai is not responsible for issues caused by Customer Content, Customer instructions, address quality, postal handling, recipient action, or circumstances outside Postcards.ai's control.

Claims regarding damaged, defective, missing, or materially non-conforming products must be submitted within a commercially reasonable time after Customer becomes aware of the issue. Postcards.ai may deny claims submitted late or without sufficient information to investigate. Reprints, remailings, credits, or refunds do not extend any warranty or create any additional remedy.

4. Payment Obligations

4.1 Payment Terms

Customer will pay all fees stated in an Order, Dashboard, checkout flow, invoice, pricing page, or other purchase flow. Fees are primarily for the purchase, management, production, fulfillment, postage, delivery, tracking, and related processing of mailpieces and direct-mail campaigns, and may include postcard fees, campaign fees, postage, print charges, data fees, usage fees, managed service fees, prepaid credit purchases, and any subscription or platform fees expressly identified in the applicable Order. Fees are due in advance unless otherwise agreed in writing.

Payment obligations are non-cancelable, and fees paid are non-refundable except as expressly stated in the Agreement or required by law. Prepaid credits and other prepaid amounts are refundable only at Postcards.ai's discretion or where required by law.

4.2 Billing Policies

Postcards.ai may invoice Customer or charge Customer's payment method for fees and taxes. Customer authorizes Postcards.ai and its payment processors to charge Customer's payment method for all amounts due. Customer will maintain accurate billing and payment information. If payment fails or fees are overdue, Postcards.ai may suspend or terminate access, withhold campaign submission, stop processing mailings, charge late fees to the extent permitted by law, and pursue collection.

Customer is responsible for any chargebacks, payment reversals, insufficient funds, collection costs, and reasonable attorneys' fees incurred in collecting overdue amounts.

Postcards.ai may require prepayment, prepaid credits, deposits, spending limits, credit review, or other payment assurance before processing campaigns, producing mailpieces, submitting mailings, or providing data products. Postcards.ai may apply available credits or other prepaid amounts to outstanding fees. Unless expressly stated otherwise, credits have no cash value, are not legal tender, may be used only for eligible mailpieces, campaigns, data products, and related Services, and may be subject to expiration or additional terms disclosed at purchase.

4.3 Payment Information

Postcards.ai may use third-party payment processors to process payments. Customer's payment information may be collected and processed directly by those providers under their terms and privacy practices. Postcards.ai does not store full credit card numbers through the Services.

Customer authorizes Postcards.ai to use payment information to verify Customer's payment method, process charges, issue credits or refunds, prevent fraud, and maintain billing records. If Customer disputes a charge in good faith, Customer must notify Postcards.ai promptly and cooperate to resolve the dispute.

4.4 Taxes

(a) Fee Exclusions

Fees do not include taxes, duties, levies, assessments, or similar governmental charges unless expressly stated. Customer is responsible for all taxes associated with its purchases, except taxes based on Postcards.ai's net income. If Postcards.ai is required to collect or remit taxes, Customer will pay those amounts unless Customer provides a valid exemption certificate.

(b) USPS Postage

Postage and postal-related charges may change based on postal rates, provider rates, mail class, destination, address quality, mail piece specifications, volume, and other factors. Postcards.ai may pass through postage increases, postal surcharges, provider surcharges, or similar charges.

5. Term and Termination

5.1 Agreement Term

The Agreement begins when Customer accepts these Customer Terms, signs an Order, or first uses the Services, and continues until terminated in accordance with the Agreement. Each Order remains in effect for its stated term.

5.2 Auto-Renewal

If an Order includes a subscription, recurring account plan, recurring minimum, or other recurring paid arrangement, it will automatically renew for successive renewal periods equal to the expiring Subscription Period unless either party gives notice of non-renewal as stated in the Order, Dashboard, or checkout flow. Postcards.ai may charge Customer's payment method for renewal fees unless Customer cancels or gives notice of non-renewal before the renewal date.

5.3 Termination for Cause

Either party may terminate the Agreement or an Order if the other party materially breaches the Agreement and fails to cure the breach within thirty (30) days after written notice. Postcards.ai may suspend or terminate immediately if Customer's use of the Services creates security, legal, operational, provider, reputational, postal, or compliance risk; violates law or provider requirements; or may harm Postcards.ai, its customers, providers, or third parties.

5.4 Termination Without Cause

Customer may stop using the Services at any time, but stopping use does not relieve Customer of payment obligations. Either party may terminate a month-to-month subscription at the end of the then-current billing period by giving notice in the manner specified in the Order, Dashboard, or checkout flow. Longer-term Orders may not be terminated for convenience unless expressly stated in the Order.

5.5 Effect of Termination

Upon expiration or termination:

• Customer's right to access and use the Services, Dashboard, Platform, and Documentation will end;
• Customer will pay all fees incurred before termination or expiration;
• Postcards.ai may delete, retain, or return Customer Data as described in the DPA, Privacy Notice, and Agreement;
• each party will return or destroy Confidential Information as required by the Agreement; and
• provisions that by their nature should survive will survive.

Upon termination for cause by Customer, Postcards.ai will refund prepaid fees covering the remainder of the Subscription Period after the effective date of termination, except for fees for Services already performed, credits used, data already purchased, campaigns already submitted, mailings already processed, or non-recoverable costs. Upon termination for cause by Postcards.ai, Customer will pay unpaid fees covering the period before the effective date of termination.

6. Copyright Policy

Postcards.ai respects intellectual property rights. If Customer or a third party believes material available through the Services, Dashboard, or Platform infringes copyright, the complaining party should provide a notice containing:

1. an electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. identification of the copyrighted work claimed to have been infringed;
3. identification of the material claimed to be infringing and where it is located in the Services, Dashboard, or Platform;
4. information reasonably sufficient to permit Postcards.ai to contact the complaining party, such as address, telephone number, and email address;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. a statement, made under penalty of perjury, that the information is accurate and that the complaining party is the copyright owner or authorized to act on behalf of the owner.

Copyright notices should be sent to team@postcards.ai. Postcards.ai may remove or disable access to allegedly infringing material and may terminate repeat infringers.

7. Additional Terms for Particular Types of Customers

7.1 U.S. Government Customers

(a) Use By or For the U.S. Government

The Services, Dashboard, Platform, and Documentation are commercial products and commercial services. If Customer is an agency or instrumentality of the U.S. government, they are provided only with the commercial rights and restrictions described in the Agreement, except to the extent inconsistent with applicable federal law.

(b) Federal Law Limitations

The sections titled "Governing Law," "Auto-Renewal," "Venue; Waiver of Jury Trial; Fees," and "Indemnification" are waived only to the extent they are inconsistent with federal law.

(c) No Endorsement

Customer will not state or imply that the U.S. government endorses Postcards.ai or the Services without prior written authorization.

7.2 State or Local Government Customers

If Customer is a state or local government entity, the government-customer provisions apply only to the extent the Services are used in an Authorized User's official capacity. The sections titled "Governing Law," "Venue; Waiver of Jury Trial; Fees," and "Indemnification" will not apply only to the extent Customer's jurisdiction's laws prohibit Customer from accepting those requirements.

7.3 Healthcare Customers

Customer may not use the Services to Process protected health information subject to HIPAA unless Postcards.ai has expressly agreed in writing and the parties have entered into a business associate agreement. Customer may not submit health information, medical information, insurance information, prescription information, or health-related sensitive information without prior written approval from Postcards.ai.

If Postcards.ai approves a healthcare use case, Customer remains solely responsible for determining whether HIPAA, state health privacy laws, medical advertising rules, professional rules, or other healthcare laws apply and for ensuring that all notices, consents, authorizations, claims, disclaimers, and safeguards are legally sufficient.

7.4 Education Professional Customers

Customer may not use the Services to Process student education records subject to FERPA or similar laws unless Postcards.ai has expressly agreed in writing. Customer is responsible for ensuring that any education-related campaign, data, or targeting complies with applicable law and institutional policies.

If Customer is an educational institution, education professional, or education vendor, Customer will not submit student records, minor information, school records, or education-related sensitive information unless Postcards.ai has approved the use case in writing and any required additional agreement is in place.

8. Representations; Disclaimer of Warranties

Each party represents that it has authority to enter into the Agreement.

Customer represents and warrants that:

• Customer has all rights, permissions, consents, notices, and lawful bases necessary for Customer Content, Customer Data, and Customer's use of the Services;
• Customer's campaigns, offers, claims, disclosures, products, services, targeting, and marketing practices comply with applicable law;
• Customer will comply with the Agreement, the Acceptable Use Policy, the Third-Party Provider Terms, the DPA, postal requirements, provider requirements, and all applicable laws;
• Customer Content does not infringe, misappropriate, or violate third-party rights; and
• Customer will not use the Services for unlawful, deceptive, discriminatory, harmful, or prohibited purposes.

Except as expressly stated in the Agreement, the Services, Dashboard, Platform, and Documentation are provided "as is" and "as available." To the maximum extent permitted by law, Postcards.ai disclaims all warranties, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, availability, accuracy, and results. Postcards.ai does not warrant that the Services, Dashboard, or Platform will be uninterrupted, error-free, secure, or free of harmful components, or that any campaign will achieve any particular result.

9. Limitation of Liability

To the maximum extent permitted by law, in no event will Postcards.ai have liability for lost profits, lost revenues, lost savings, loss of goodwill, loss of data, business interruption, or indirect, special, incidental, consequential, cover, exemplary, or punitive damages, whether in contract, tort, or under any other theory of liability, even if advised of the possibility of such damages.

To the maximum extent permitted by law, Postcards.ai's total liability arising out of or relating to the Agreement will not exceed the amounts paid by Customer to Postcards.ai for the Services giving rise to the claim during the twelve (12) months before the event giving rise to liability.

The limitations in this section apply regardless of the form of action and even if a remedy fails of its essential purpose.

10. Indemnification

Customer will defend, indemnify, and hold harmless Postcards.ai, its affiliates, officers, directors, employees, contractors, agents, licensors, service providers, Third-Party Providers, and data providers from and against all claims, demands, actions, damages, losses, liabilities, costs, and expenses, including reasonable attorneys' fees, arising out of or relating to:

• Customer Content or Customer Data;
• Customer's products, services, offers, campaigns, claims, disclosures, targeting, marketing practices, or mail pieces;
• Customer's breach of the Agreement;
• Customer's violation of law or third-party rights;
• Customer's use or misuse of Third-Party Products, Third-Party Licensed Data, or Postcards.ai Personal Data;
• any dispute between Customer and its customers, prospects, recipients, Authorized Users, or third-party providers; or
• Customer's failure to honor opt-outs, suppression requests, privacy rights, or other consumer choices.

Postcards.ai will provide prompt notice of any claim for which it seeks indemnification, permit Customer to control the defense and settlement, and reasonably cooperate at Customer's expense. Customer may not settle a claim in a manner that imposes liability or obligations on Postcards.ai without Postcards.ai's prior written consent.

11. Confidentiality

11.1 Definition

"Confidential Information" means non-public information disclosed by one party to the other that is marked confidential or that should reasonably be understood to be confidential given the nature of the information and circumstances of disclosure. Confidential Information includes non-public business, technical, product, financial, security, pricing, customer, roadmap, and data information.

11.2 Protection and Use of Confidential Information

The receiving party will use the disclosing party's Confidential Information only to perform or receive Services under the Agreement and will protect it using reasonable care. The receiving party may disclose Confidential Information to employees, contractors, affiliates, advisors, service providers, and representatives who need to know it and are bound by confidentiality obligations.

Confidential Information does not include information that is publicly available without breach, already known without restriction, independently developed without use of the disclosing party's Confidential Information, or lawfully received from a third party without restriction.

11.3 Compelled Access or Disclosure

The receiving party may disclose Confidential Information if required by law, subpoena, court order, or governmental request, provided it gives the disclosing party notice where legally permitted and reasonably cooperates with efforts to limit disclosure.

12. Additional Postcards.ai Products

12.1 License

Subject to the Agreement, Customer may use additional Postcards.ai products, data products, address matching, append, prospecting, retargeting, attribution, AI, and related offerings only for Customer's internal business purposes and only as permitted by the applicable Order, Documentation, DPA, Acceptable Use Policy, and Third-Party Provider Terms.

12.2 MailMatch

(a) License and Authorization to Use

MailMatch, append, address matching, reverse email append, and similar services may identify or supplement mailing addresses or related information associated with Customer's customers or prospective customers. Customer authorizes Postcards.ai and its Third-Party Providers to Process Customer Personal Data and Third-Party Licensed Data as necessary to provide these services.

Customer may use matched or appended data only for Customer's internal marketing, attribution, analytics, and direct mail purposes and only as permitted by the Agreement and applicable law.

(b) Customer Database

Customer represents that any customer database, list, file, CRM data, or other data submitted for MailMatch or similar services was lawfully collected and may lawfully be used, disclosed, matched, appended, and processed for the requested purpose. Customer is responsible for applying suppression lists, opt-outs, and privacy choices before submitting data.

12.3 Prospecting Data; Scoring or Ranking

(a) Third-Party Licensed Data

Prospecting, lookalike, route-based, dropswap, scoring, ranking, attribution, or audience services may involve Third-Party Licensed Data. Customer's use of such data is subject to the Third-Party Provider Terms and any additional restrictions provided by Postcards.ai or the applicable provider.

Customer may not use Third-Party Licensed Data for resale, sublicense, disclosure, eligibility decisions, credit, employment, insurance, housing, education, government benefits, or any purpose prohibited by law or provider requirements. Customer may use such data only for approved direct mail marketing and related internal analytics.

Customer acknowledges that Third-Party Licensed Data may be subject to restrictions, suppression requirements, attribution limits, retention limits, audit rights, source-disclosure requirements, and other requirements imposed by Third-Party Providers or Data Owners. Postcards.ai may change, suspend, or discontinue availability of Third-Party Licensed Data if provider requirements, law, data quality, or business considerations require.

12.4 SiteMatch

SiteMatch, retargeting, pixel, visitor identification, or similar services may collect or process Customer Interaction Data from Customer's websites or digital properties. Customer is responsible for providing all notices, obtaining all consents, honoring all opt-outs, and maintaining all rights required for such processing.

Customer may not deploy pixels or similar technologies on websites directed to children, websites involving prohibited data, or websites where deployment would violate law, platform rules, privacy policies, or consumer choices. Customer acknowledges that information originating outside the United States may be restricted or unavailable for certain services.

Customer will maintain accurate privacy notices describing any SiteMatch, retargeting, pixel, cookie, tag, analytics, or similar technology used with the Services. Customer will not attempt to re-identify individuals, merge data, or expand use of SiteMatch data except as permitted by law, the Agreement, and provider requirements.

12.5 Postcards.ai AI

(a) Opt-Out

Customer may contact team@postcards.ai to request available opt-out options for certain AI-related uses of Customer Content or Customer Data. Opt-outs may not affect processing that has already occurred, aggregated or de-identified information, backups, compliance records, security records, or uses required to provide the Services.

(b) Following Opt-Out, Expiration, or Termination

Following an applicable opt-out, expiration, or termination, Postcards.ai will stop using applicable AI Training and Supplemental Data for the opted-out purpose within a reasonable time, subject to technical, legal, backup, security, and operational limitations. Postcards.ai may retain aggregate metrics and information that cannot reasonably be linked to Customer or an individual.

(c) No Professional Advice

AI Features do not provide legal, financial, medical, regulatory, or other professional advice. Customer is responsible for reviewing, approving, and validating all AI outputs before use.

(d) Definitions

"AI Features" means AI-assisted design, copy, image, parsing, website intake, brand analysis, assistant, workflow, recommendation, and related features provided through the Services.

"AI Training and Supplemental Data" means data, prompts, outputs, feedback, usage information, Customer Content, Customer Data, creative materials, campaign information, and related information used to provide, evaluate, improve, secure, or develop AI Features, subject to the DPA and Privacy Notice.

(e) Data

Customer agrees that Postcards.ai may use AI Training and Supplemental Data to provide AI Features, generate and parse designs, create copy and creative direction, support campaign workflows, improve service quality, evaluate output quality, maintain safety, prevent abuse, and develop related products and services, in each case subject to the Agreement, DPA, Privacy Notice, and applicable law.

(f) Postcards.ai Representations and Warranties

Postcards.ai will use commercially reasonable efforts to provide AI Features in accordance with the Agreement. Postcards.ai does not represent or warrant that AI outputs will be unique, accurate, complete, non-infringing, legally compliant, or suitable for any particular purpose.

(g) Customer Representations and Warranties

Customer represents and warrants that it has obtained all consents, provided all notices, and secured all rights necessary to provide AI Training and Supplemental Data and to use AI Features. Customer will not submit prohibited data or use AI Features to generate unlawful, deceptive, infringing, discriminatory, harmful, or prohibited content.

(h) Intellectual Property

Except for rights expressly granted in the Agreement, Customer retains its rights in Customer Content. Postcards.ai retains its rights in the Services, AI Features, underlying models, systems, templates, workflows, tools, and improvements. Customer is responsible for determining whether AI outputs may be used, protected, registered, or commercialized.

13. Miscellaneous

13.1 Compliance with Laws

Each party will comply with laws applicable to its performance under the Agreement. Customer is responsible for laws applicable to Customer Content, Customer Data, campaigns, marketing, products, services, offers, claims, audiences, targeting, and recipients.

13.2 Publicity

Postcards.ai may identify Customer as a customer and use Customer's name and logo in customer lists, websites, and marketing materials unless Customer objects in writing. Any other public use of Customer's name or logo will be subject to Customer's reasonable brand guidelines provided to Postcards.ai.

13.3 Third-Party Products, Links, and Information

The Dashboard or Platform may include links, integrations, APIs, or access to Third-Party Products used in connection with the Services. Postcards.ai does not endorse, warrant, or assume responsibility for Third-Party Products. Customer's use of Third-Party Products is at Customer's own risk and subject to the applicable third-party terms.

13.4 Force Majeure

Neither party will be liable for delay or failure to perform due to events beyond its reasonable control, including acts of God, natural disasters, labor disputes, supply shortages, internet or telecommunications failures, cyberattacks, government actions, postal disruptions, provider failures, war, terrorism, civil unrest, pandemics, or power failures.

13.5 Relationship of the Parties; No Third-Party Beneficiaries

The parties are independent contractors. The Agreement does not create a partnership, joint venture, agency, fiduciary, or employment relationship. Except for indemnified parties, Third-Party Providers, and Data Owners where expressly stated, there are no third-party beneficiaries.

13.6 Email Communications

Customer consents to receive electronic communications from Postcards.ai, including notices, account messages, billing messages, security notices, product updates, and marketing communications. Customer may opt out of marketing communications, but not transactional or administrative communications.

13.7 Modifications

Postcards.ai may modify these Customer Terms from time to time. Material changes will be communicated by email, Dashboard notice, website posting, or other reasonable means. Continued use of the Services after the effective date of updated terms constitutes acceptance.

13.8 Waivers

No waiver is effective unless in writing and signed by the waiving party. Failure to enforce a provision is not a waiver.

13.9 Severability

If any provision is held unenforceable, the remaining provisions remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

13.10 Assignment

Customer may not assign or transfer the Agreement without Postcards.ai's prior written consent. Postcards.ai may assign the Agreement to an affiliate or in connection with a merger, acquisition, corporate reorganization, financing, or sale of all or substantially all assets.

13.11 Governing Law

The Agreement and any disputes arising out of or relating to it will be governed exclusively by the internal laws of the State of Delaware, without regard to conflict of laws rules or the United Nations Convention on the International Sale of Goods. The parties acknowledge that the Agreement evidences a transaction involving interstate commerce. Any arbitration conducted under the Agreement will be governed by the Federal Arbitration Act.

13.12 Venue; Waiver of Jury Trials; Fees

Subject to the arbitration provision below, the state and federal courts located in New Castle County, Delaware will have exclusive jurisdiction to adjudicate any dispute arising out of or relating to the Agreement or its formation, interpretation, or enforcement, including appeal of an arbitration award or trial court proceedings if the arbitration provision is found unenforceable. Each party consents to exclusive jurisdiction of those courts.

Each party waives any right to a jury trial in any action or proceeding arising out of or relating to the Agreement.

13.13 Arbitration

The parties will first attempt to resolve disputes informally. A party seeking to initiate a dispute must contact the other party and describe the dispute. If the parties have not resolved the dispute within sixty (60) days after first contact, each party agrees to resolve any claim, dispute, or controversy arising out of or relating to the Agreement by binding arbitration administered by JAMS under its Optional Expedited Arbitration Procedures then in effect, except for claims for injunctive or equitable relief.

The arbitration will be conducted in New Castle County, Delaware, unless the parties agree otherwise. The arbitrator may award the same damages and relief that a court could award, subject to the Agreement. The award may be entered in any court of competent jurisdiction.

Customer may reject and opt out of arbitration within thirty (30) days of accepting these Customer Terms by emailing team@postcards.ai with Customer's full legal name and a statement of intent to opt out of arbitration. Opting out does not affect any other part of the Agreement.

The parties agree that any arbitration or court proceeding will be conducted only on an individual basis and not in a class, consolidated, collective, representative, or private attorney general action, except where this waiver is prohibited by law. The arbitrator may not consolidate claims of more than one customer or preside over any form of representative or class proceeding.

13.14 Entire Agreement

The Agreement is the entire agreement between the parties regarding the Services and supersedes all prior or contemporaneous agreements, proposals, and representations regarding the Services.

13.15 Interpretation

Headings are for convenience only. "Including" means "including without limitation." References to laws include successor laws. Ambiguities will not be construed against either party based on drafting.

13.16 Survival

Provisions that by their nature should survive termination or expiration will survive, including payment obligations, confidentiality, intellectual property, privacy and data protection obligations, disclaimers, indemnification, limitation of liability, dispute resolution, and miscellaneous provisions.

13.17 Contacting Us

Notices to Postcards.ai must be sent to team@postcards.ai and to:

PostPilot, Inc. d/b/a Postcards.ai 169 Madison Ave, Suite 11452 New York, NY 10016 US