More Dash Ads Platform Terms

1. Definitions

1.1 “Ad” means any advertising or promotional material, content, data, or technology that Customer submits, approves, accepts, applies, or otherwise uses for delivery through or in connection with the Advertising Services, including any Generated Creative approved or used by Customer.

1.2 “Ad Tools” means conversion, audience, creative, sponsored-agent, catalog, measurement, reporting, and other advertising tools or integrations made available through the Platform or Advertising Services.

1.3 “Advertising Services” means OpenAI’s advertising program on an OpenAI platform and the services, tools, and features used to create, submit, manage, target, display, measure, or otherwise support advertisements or promotional content.

1.4 “Authorized User” means an employee, contractor, agent, or other individual whom Customer authorizes to use the Platform on Customer’s behalf.

1.5 “Campaign Materials” means Ads, campaign settings and instructions, audience parameters, product and catalog data, inventory, availability and pricing information, promotional terms, landing pages and other destinations, brand assets, trademarks, logos, text, images, audio, video, prompts, business logic, scripts, metadata, and any other materials or information that Customer or a person acting for Customer submits, identifies, approves, or makes available in connection with the Platform or Advertising Services.

1.6 “Customer Data” means information, data, and other content that Customer or an Authorized User submits or makes available through the Platform. Customer Data includes Campaign Materials, Audience Data, and Conversion Data, but excludes Platform Usage Data and Reporting Data.

1.7 “OpenAI Rules” means the following terms and policies, in each case as updated by OpenAI from time to time, together with any other OpenAI terms, policies, documentation, or technical specifications that apply to Customer, an Ad, an Ad Tool, or the Advertising Services:

• OpenAI Advertising Terms;
• OpenAI Ad Tools Terms;
• OpenAI Ad Policies;
• OpenAI Usage Policies;
• OpenAI Conversion Terms, when Conversion Tools are used;
• OpenAI Ad Tools Data Processing Addendum, when Covered Ad Tools are used; and
• the provisions for builders of GPTs in Section 5 of the OpenAI Service Terms, when a Sponsored Agent is used.

1.8 “Order” means an order form, insertion order, online campaign order, statement of work, or other ordering document accepted by More Dash Ads that identifies Advertising Services, Platform services, campaign parameters, budgets, fees, or other commercial terms.

1.9 “Platform” means the More Dash Ads platform, including the website, dashboard, interfaces, APIs, software, documentation, and related services made available by More Dash Ads under these Terms.

1.10 “Platform Usage Data” means technical, diagnostic, security, performance, activity, and usage data generated through operation or use of the Platform, excluding Customer Data in its original form.

1.11 “Reporting Data” means campaign reports, analytics, metrics, insights, and other reporting made available in connection with the Platform, Ad Tools, or Advertising Services.

1.12 “Third-Party Services” means services, tools, content, data, websites, platforms, or products provided by a party other than More Dash Ads, including OpenAI and ecommerce, analytics, catalog, payment, identity-resolution, and measurement providers.

1.13 “Audience Data” means Customer’s first-party identifiers, lists, segments, suppression or exclusion data, rules, instructions, and related materials provided or made available for use with audience tools.

1.14 “Conversion Data” means identifiers and data concerning transactions or actions on Customer’s or an authorized third party’s websites, apps, stores, or other properties, including visits, installations, purchases, and related event data.

1.15 “Covered Ad Tools” has the meaning given in the OpenAI Ad Tools Data Processing Addendum and includes OpenAI Conversion Tools, Audience Tools, and other Ad Tools to which OpenAI expressly applies that addendum.

1.16 “Generated Creative” means an advertising creative generated, modified, transformed, optimized, localized, or translated through an AI creative tool.

1.17 “Personal Data” means personal data, personal information, personally identifiable information, or an analogous term under applicable privacy or data-protection law.

1.18 “Sponsored Agent” means an advertiser-sponsored conversational experience that allows users to interact with an AI-generated representative for an advertiser’s business, products, or services.

2. Agreement structure and priority

2.1 These Terms, each applicable Order, the More Dash Ads Ads Data Processing Addendum attached as Schedule 1 (the “Ads DPA”), and any other document expressly incorporated by reference form the agreement between Customer and More Dash Ads concerning the Platform (the “Agreement”). The Ads DPA is incorporated into and accepted with these Terms; no separate signature, acceptance, or URL is required.

2.2 If documents in the Agreement conflict, they control in the following order: (a) applicable mandatory data-transfer terms; (b) the Ads DPA, but only for processing of Personal Data; (c) the applicable Order; (d) these Terms; and (e) More Dash Ads documentation. An Order may depart from these Terms only if it identifies the provision being changed and is signed by authorized representatives of both Parties.

2.3 The OpenAI Rules separately apply to Customer’s use of Advertising Services. Nothing in an Order or these Terms authorizes Customer or More Dash Ads to violate or override the OpenAI Rules. To the extent an instruction, Order, or provision in the Agreement cannot be performed consistently with the OpenAI Rules, More Dash Ads may refuse, modify, suspend, or cancel the affected service, feature, or campaign.

2.4 Terms in Customer purchase orders, procurement portals, or other business forms do not modify the Agreement, even if More Dash Ads processes or does not object to those documents.

3. More Dash Ads’s intermediary role and Customer authorization

3.1 Customer appoints More Dash Ads as its non-exclusive, limited agent and authorized intermediary solely to the extent reasonably necessary to provide the Platform and perform accepted Orders. This authorization includes permission for More Dash Ads to:

• submit, configure, administer, modify, pause, or cancel Orders and campaigns on Customer’s behalf within the scope of Customer’s instructions and approved budget;
• transmit Campaign Materials and Customer Data to OpenAI and other authorized Third-Party Services;
• receive campaign notices, decisions, requests, invoices, and Reporting Data relating to Customer; and
• take operational steps reasonably necessary to provide, secure, support, measure, and enforce use of the Platform and Advertising Services.

3.2 Customer authorizes More Dash Ads to identify Customer to OpenAI as the Advertiser and to provide OpenAI with information reasonably requested to verify Customer’s identity, ownership, affiliations, qualifications, authorizations, products, services, destinations, or eligibility.

3.3 Customer agrees to be bound as the Advertiser by the OpenAI Rules. Where an OpenAI Rule applies duties, restrictions, representations, warranties, or liability to an advertiser, customer, account holder, authorized user, builder, or party acting through an intermediary, Customer accepts those provisions as applicable to it. Customer will provide any further acceptance or documentation reasonably requested by More Dash Ads or OpenAI.

3.4 More Dash Ads will act within the scope of Customer’s instructions, the applicable Order, applicable law, and the OpenAI Rules. Nothing in the Agreement authorizes More Dash Ads to exceed an approved campaign budget or make material claims about Customer or its products without Customer’s approval, except for formatting or operational changes permitted under Section 9.

3.5 More Dash Ads does not control OpenAI and cannot bind OpenAI. More Dash Ads does not guarantee access to OpenAI inventory, acceptance of any advertiser or campaign, delivery of any Ad, or the continued availability or terms of the Advertising Services. The Parties are independent contractors except for the limited agency expressly described in this Section 3.

4. Eligibility, accounts, and Authorized Users

4.1 Customer must provide accurate, complete, and current registration, billing, advertiser, and business information and keep it updated. Customer will promptly provide verification records, licenses, certifications, disclosures, tax information, and other materials reasonably requested by More Dash Ads or OpenAI.

4.2 Customer is responsible for:

• maintaining the confidentiality and security of Platform credentials;
• ensuring that each Authorized User uses unique credentials and complies with the Agreement;
• all activity occurring through Customer’s account or credentials, whether or not authorized by Customer; and
• promptly notifying More Dash Ads of suspected unauthorized access, a security incident, or the need to disable access.

4.3 Customer may not sell, rent, transfer, sublicense, or share access to the Platform or Advertising Services except with Authorized Users expressly permitted by More Dash Ads and OpenAI. Customer must not attempt to access OpenAI’s ads console, systems, credentials, or inventory except through functionality expressly made available to Customer.

5. Orders, campaign instructions, and acceptance

5.1 Customer will submit Orders and Campaign Materials in the manner specified by More Dash Ads. An Order is not binding on More Dash Ads, and a campaign is not accepted for delivery, until More Dash Ads confirms acceptance. Every Order and campaign remains subject to OpenAI’s separate acceptance and ongoing review.

5.2 Customer is solely responsible for setting and approving its campaign budget, schedule, markets, campaign parameters, Campaign Materials, and any changes. More Dash Ads may provide recommendations or automated settings, but Customer is responsible for reviewing and deciding whether to approve or use them.

5.3 Customer may request cancellation or modification in the manner specified in the Platform or Order. A request is effective only when implemented by More Dash Ads and, where applicable, OpenAI. Ads may continue to run after a request is submitted, including for the period reasonably required by OpenAI to process the request. Customer remains responsible for all charges incurred before the change becomes effective.

5.4 More Dash Ads may correct obvious errors in an Order or campaign and may make non-material technical or formatting changes needed to submit or deliver an Ad. More Dash Ads will not materially change Customer’s approved message, offer, destination, targeting instruction, or budget without Customer’s authorization, except where necessary to comply with law or the OpenAI Rules, protect users or systems, or respond to an urgent security, fraud, or integrity risk.

6. Customer responsibilities and warranties

6.1 Customer is solely responsible for all Campaign Materials, Customer Data, advertised products and services, destinations, offers, promotions, and instructions provided or approved by Customer. Customer represents, warrants, and covenants that:

• it is a legitimate business and has accurately represented its identity, ownership, location, affiliations, service area, and eligibility;
• all Campaign Materials and destinations are accurate, complete, current, substantiated, and not deceptive or misleading;
• advertised products, services, prices, inventory, availability, promotions, and claims comply with applicable laws, industry rules, and professional requirements in every targeted market;
• it holds and will maintain all rights, licenses, permissions, registrations, certifications, approvals, consents, and legal bases necessary for More Dash Ads, OpenAI, and their service providers to use Customer Data and Campaign Materials as contemplated by the Agreement and OpenAI Rules;
• Campaign Materials do not infringe, misappropriate, or violate intellectual property, privacy, publicity, consumer-protection, or other rights;
• endorsements, testimonials, comparative claims, promotions, contests, and disclosures are lawful, properly administered, and adequately disclosed;
• each destination is secure, functional, accessible to More Dash Ads, OpenAI, and their web user agents, and consistent with the associated Ad from end to end; and
• Customer will promptly notify More Dash Ads of any actual or threatened complaint, investigation, claim, policy violation, data issue, or material change affecting a campaign and will reasonably cooperate in responding.

6.2 Customer will not use the Platform or Advertising Services to:

• violate applicable law, the Agreement, the OpenAI Rules, or a third party’s rights;
• generate fraudulent, repetitive, or invalid impressions, clicks, queries, conversions, or other interactions;
• introduce malware or harmful code;
• reverse engineer, decompile, extract data from, scrape, interfere with, disrupt, overload, or circumvent restrictions or protective measures of the Platform or Advertising Services;
• conceal its identity, true destination, offer, business model, or the nature or source of Campaign Materials;
• evade an eligibility, review, enforcement, geographic, or technical restriction; or
• use the Platform or Reporting Data to identify or re-identify an OpenAI user, infer information about a person, or profile or target people in a manner prohibited by Section 13 or the OpenAI Rules.

7. Advertising content and advertiser standards

7.1 All Ads, Campaign Materials, advertised products and services, and destinations must comply with the OpenAI Rules and this Section 7. If standards differ, the stricter standard applies.

7.2 Ads must be truthful, professional, and clearly distinguishable from ChatGPT and other OpenAI product experiences. Ads must not contain deceptive or unsubstantiated claims; false endorsements; confusing interface imitation; discriminatory, defamatory, harassing, obscene, vulgar, shocking, or exploitative material; impersonation; or misleading suggestions of affiliation, sponsorship, or approval.

7.3 Unless More Dash Ads and OpenAI have expressly approved the advertiser and campaign in writing where approval is available, Customer must not submit Ads for or meaningfully related to:

• adult, dating, sexual, or sexually explicit content, products, services, or experiences;
• alcohol, tobacco, nicotine, vaping, recreational drugs, or intoxicating substances;
• counterfeit, pirated, infringing, unsafe, unlawful, or deceptively marketed goods or services;
• financial products or services, credit repair, debt settlement, alternative investments, or offers promising guaranteed returns;
• gambling, betting, lotteries, or real-money games;
• regulated medical or health products or services, diagnosis or treatment claims, experimental or high-risk procedures, or unsupported health and wellness claims;
• individual housing or job listings;
• legal advice, representation, document preparation, or other legal services;
• political actors, elections, voting, public policy, contested social issues, lobbying, or political advocacy;
• weapons, dangerous activities, illicit goods or services, or cyber abuse;
• graphic sexual content, graphic violence, hate, harassment, terrorism, suicide or self-harm, child endangerment, misinformation, or exploitation of sensitive events or vulnerable people; or
• scams, phishing, deceptive destinations, impersonation, or requests designed to obtain money, credentials, Personal Data, or other value through fraud.

7.4 Some restricted categories may be eligible only in certain jurisdictions, for approved advertisers, and after enhanced verification or case-by-case review. Customer may not assume that a category is eligible because a similar campaign was previously accepted. The current OpenAI Ad Policies control and may change as the advertising program develops.

7.5 More Dash Ads may adopt additional platform, brand-safety, quality, technical, or eligibility standards. More Dash Ads may refuse any advertiser, Campaign Material, destination, product, service, or campaign even if it is not expressly prohibited.

8. Ad review, approval, and ongoing compliance

8.1 More Dash Ads and OpenAI may use automated systems and human review to assess Customer, Campaign Materials, and destinations before and after launch. Approval does not constitute legal advice, endorsement, or confirmation that the Customer or campaign complies with law, the Agreement, or the OpenAI Rules. Customer’s obligations continue after approval.

8.2 More Dash Ads or OpenAI may request edits, supporting evidence, licenses, certifications, or additional verification; limit delivery; pause or reject a campaign; remove an Ad; restrict features or targeting; or suspend or terminate Customer’s access. They may do so at any time, including to comply with law or policy, protect users or systems, address operational or security issues, prevent fraud or invalid activity, or manage legal, regulatory, or reputational risk.

8.3 Customer will not resubmit materially unchanged rejected content, switch an approved destination to a non-compliant destination, or otherwise attempt to evade review or enforcement.

9. Delivery, placement, testing, and results

9.1 OpenAI controls Ad inventory and the format, placement, position, size, presentation, ranking, relevance, targeting implementation, and delivery of Ads on its services. More Dash Ads and OpenAI may format Campaign Materials and apply disclosures or disclaimers as required by law, policy, product design, or user-safety considerations.

9.2 More Dash Ads and OpenAI may conduct tests, experiments, and product changes that affect delivery, formatting, pricing, reporting, targeting, ranking, or performance without advance notice.

9.3 Neither More Dash Ads nor OpenAI guarantees campaign availability, timing, delivery, placement, adjacency, audience availability, audience match rate or size, reach, frequency, impressions, clicks, conversions, sales, return on spend, reporting accuracy, or any other result. Forecasts, recommendations, benchmark figures, and optimization suggestions are estimates only.

9.4 If Customer believes an Ad was placed contrary to an expressly agreed brand-safety setting, Customer must notify More Dash Ads promptly with sufficient details. Any makegood or credit is discretionary, may depend on OpenAI’s determination, and is Customer’s sole remedy for the placement issue unless an Order expressly states otherwise.

10. Fees, media spend, taxes, and measurement

10.1 Customer will pay all media spend, platform fees, service fees, taxes, and other amounts stated in an Order or the Platform (“Fees”). Unless an Order states otherwise, More Dash Ads’s platform fee is ten percent (10%) of Media Spend and is charged in addition to Media Spend. For example, $1,000 in Media Spend results in a $100 platform fee, before taxes or other charges. “Media Spend” means amounts charged for delivery of Ads through the Advertising Services, as measured by More Dash Ads using the data made available by OpenAI.

10.2 Payment method and recurring charges. Customer must add and maintain at least one valid payment method in the Platform. By adding a payment method and launching or continuing a campaign, Customer authorizes More Dash Ads and its payment processor to charge that payment method automatically, on a recurring and variable-amount basis, for accrued or anticipated Media Spend, the 10% platform fee, taxes, top-ups, adjustments, and other Fees. Charges may occur on the schedule, at the spending thresholds, or in the amounts shown in the Platform or applicable Order. Customer acknowledges that charge amounts may vary with campaign activity. This authorization continues until all campaigns are stopped and all outstanding amounts are paid.

10.3 Prepaid balance and top-ups. More Dash Ads may allow or require Customer to pre-fund a Platform balance. Customer authorizes More Dash Ads to debit Media Spend, the 10% platform fee, taxes, and other Fees from that balance as they are incurred. Unless the Platform expressly states otherwise, each top-up funds a single balance from which both Media Spend and the associated platform fee are deducted. Customer is responsible for maintaining sufficient funds. More Dash Ads may offer automatic top-ups when the balance reaches a displayed threshold, and Customer authorizes each automatic top-up it enables. A displayed balance is not a bank account, stored-value account, deposit account, or customer trust account; does not earn interest; is non-transferable; and may be used only for Fees under the Agreement.

10.4 Payment administration. Customer represents that it is authorized to use each payment method and will keep all payment and billing information accurate. More Dash Ads or its payment processor may place authorization holds, validate payment methods, retry failed charges, and use account-updater services. Customer’s use of a payment processor is also subject to that provider’s terms and privacy notice. More Dash Ads does not store full payment-card numbers when they are collected directly by the payment processor.

10.5 Insufficient funds and collection. More Dash Ads may refuse to launch, pause, or stop campaigns if a payment method fails, the prepaid balance is insufficient, a charge is disputed or reversed, or an amount is past due. Customer remains liable for Fees incurred and any negative balance. Undisputed past-due amounts may accrue interest at 1.5% per month or the highest lawful rate, whichever is lower. Customer will reimburse reasonable chargeback and collection costs.

10.6 Measurement, corrections, and disputes. Metric-based Fees will be calculated using More Dash Ads’s records and measurements made available by OpenAI or other applicable providers. Those measurements control for billing. More Dash Ads may correct pricing, measurement, balance, or billing errors, including after a charge. Customer must submit a good-faith Fee dispute to info@dressx.com within thirty days after the activity or charge, with reasonable supporting detail, or waives the dispute to the extent permitted by law. If an adjustment is granted, More Dash Ads may issue a non-transferable campaign credit or makegood rather than a cash refund, including where that is the remedy OpenAI provides.

10.7 Refunds. Fees are payable in U.S. dollars, non-cancellable once incurred, and non-refundable except where required by law or expressly stated in an Order. More Dash Ads may return an unused prepaid balance after all campaigns, pending charges, chargeback periods, credits, adjustments, and other obligations have been reconciled. More Dash Ads may apply an unused balance to amounts Customer owes. Promotional credits, makegoods, and bonuses have no cash value and are not refundable.

10.8 Taxes. Fees exclude sales, use, value-added, withholding, and similar transaction taxes. Customer is responsible for such taxes, other than taxes on More Dash Ads’s net income. Customer will provide valid exemption documentation or tax identification information where applicable and will gross up payments for legally required withholding so More Dash Ads receives the amount that would otherwise have been due, except where prohibited by law.

11. Reporting Data

11.1 Customer may use Reporting Data only to measure, analyze, optimize, and report on its own campaigns and use of the Platform and Advertising Services.

11.2 Unless More Dash Ads and, where required, OpenAI authorize otherwise in writing, Customer must not:

• sell, monetize, sublicense, publish, transfer, disclose, modify, or provide access to Reporting Data, except to a service provider bound by confidentiality and using it solely for Customer’s permitted measurement purposes;
• combine or use Reporting Data in a manner that identifies or reasonably permits identification of a natural person;
• use Reporting Data or related data to identify, target, profile, or create datasets concerning OpenAI, its users, or its brands; or
• attempt to derive non-public information about OpenAI’s systems, users, inventory, pricing, algorithms, or business.

11.3 Reporting Data derived from OpenAI is OpenAI’s confidential information. More Dash Ads may withhold, aggregate, delay, correct, or remove Reporting Data where required by law, the OpenAI Rules, a provider restriction, or a security or privacy concern.

12. Privacy and data-processing framework

12.1 Each Party will comply with the privacy, data-protection, electronic-communications, tracking-technology, and direct-marketing laws applicable to its activities under the Agreement.

12.2 To the extent More Dash Ads processes Personal Data in Customer Data on Customer’s behalf as a processor, service provider, or contractor, the Ads DPA in Schedule 1 applies automatically. The Ads DPA is part of these Terms and does not require a separate URL or signature. More Dash Ads’s separate data processing addendum for its AI virtual try-on platform does not apply to More Dash Ads unless an Order expressly says otherwise.

12.3 More Dash Ads may process account, billing, support, security, and Platform Usage Data as an independent controller or business for legitimate administration, security, compliance, analytics, and service-improvement purposes, subject to applicable law and the More Dash Ads privacy notice identified in the Platform.

12.4 Under the OpenAI Ad Tools Data Processing Addendum, OpenAI and the party treated as OpenAI’s customer for the applicable Covered Ad Tool generally act as independent controllers. For processing OpenAI defines as “Restricted Processing,” that customer acts as controller and OpenAI acts as processor. Depending on the account structure, source of the data, and actual data flow, More Dash Ads, Customer, or both may have separate controller or processor obligations under applicable law. Contractual labels do not change a party’s status under applicable law. Customer authorizes More Dash Ads to implement Customer’s applicable data-processing instructions and transfer Personal Data to OpenAI as contemplated by the Agreement. Customer must review the OpenAI Ad Tools Data Processing Addendum before enabling an Ad Tool that processes Personal Data.

12.5 Customer is responsible for giving all legally required notices and obtaining and maintaining all rights, consents, permissions, and legal bases necessary for More Dash Ads and OpenAI to collect, receive, use, disclose, match, measure, and otherwise process Personal Data for the purposes described in the Agreement and OpenAI Rules. Customer will maintain records of consent and provide them upon reasonable request.

12.6 Customer will implement legally required consent-management, opt-out, objection, deletion, and withdrawal-of-consent mechanisms. Customer must not provide Personal Data for processing when the relevant individual has opted out, objected, or withdrawn consent and honoring that choice requires the data to no longer be provided. Customer must promptly communicate applicable choices using the methods specified by More Dash Ads or OpenAI.

12.7 Customer will not provide Personal Data to More Dash Ads or OpenAI through Advertising Services unless the Agreement, OpenAI Rules, Platform functionality, and applicable law expressly permit it. If Customer does not have all required rights and legal bases, Customer must not enable the affected Ad Tool or submit the data.

13. Audience and Conversion Tools

13.1 First-party Audience Data only. Any audience list, identifier, segment, suppression data, exclusion data, rule, or related material provided for audience matching must be Customer’s first-party data. It must not have been purchased, licensed, received, or otherwise obtained from a data broker, data marketplace, or other third-party data supplier. Customer may use a service provider to process, format, hash, transmit, match, or resolve Customer’s first-party data, but that provider must not be the data source and must not append, enrich, or supplement it with third-party data.

13.2 Authorized properties only. Customer may place or enable a conversion pixel, SDK, API, or other Ad Tool only on a website, app, store, page, or property that Customer owns, operates, or has sufficient legal authority to use for that purpose. Customer must accurately configure events, parameters, consent signals, opt-out flags, and other settings.

13.3 Prohibited Data. Customer must not provide or cause More Dash Ads or OpenAI to receive:

• data from services directed to children as defined by applicable law;
• sensitive information or special categories of Personal Data, including information revealing or concerning sexual orientation or behavior, transgender or nonbinary status, race or ethnicity, religion or philosophical beliefs, political opinions or affiliation, union membership, citizenship or immigration status, crime-victim status, genetic or biometric data, disability, or financial distress;
• health data, including data that identifies or could identify a person’s past, present, or future physical or mental health or that may qualify as consumer health data;
• data concerning a person who has exercised an applicable opt-out or objection that requires the data not to be provided;
• harmful code or data that infringes or violates another person’s rights; or
• event names, audience names, parameters, tags, metadata, or other fields that reveal or imply sensitive or prohibited information.

13.4 Customer must not use Audience Data, Conversion Data, Reporting Data, or other data associated with Advertising Services to identify or re-identify an OpenAI user; infer sensitive or other information about a person; or create or modify segments, profiles, or datasets that identify, target, or relate to OpenAI, its users, or its brands, except through campaign functionality OpenAI expressly provides.

13.5 Customer acknowledges that OpenAI may process Audience Data and Conversion Data to provide reporting, create custom audiences, and develop, provide, improve, optimize, measure, and deliver its products and services, as described in the OpenAI Rules. Audience availability, match rates, membership, accuracy, reach, and performance are not guaranteed.

14. AI creative tools and Sponsored Agents

14.1 If the Platform provides AI-assisted creative features, Customer is responsible for every input, instruction, source material, and Generated Creative it approves or uses. Before use, Customer must independently review and verify all material representations, including claims about pricing, availability, performance, qualifications, risks, outcomes, testimonials, endorsements, affiliation, and sponsorship.

14.2 Customer must make any disclosure concerning AI-generated or synthetic content required by law or the OpenAI Rules. Customer must not create or use an unauthorized digital replica, voice, likeness, endorsement, or representation of another person; impersonate a person or organization; falsely imply affiliation or approval; or create deceptive synthetic media.

14.3 Generated Creatives may be non-unique, inaccurate, incomplete, outdated, biased, offensive, non-compliant, or infringing. They are provided without a guarantee of fitness, accuracy, legality, or non-infringement. Generated Creatives made available under OpenAI’s Ad Tools may be used outside the Advertising Services only where OpenAI expressly permits it.

14.4 If More Dash Ads or OpenAI creates, configures, or makes available a Sponsored Agent for Customer, Customer is deemed its builder and is responsible for its name, content, instructions, configurations, actions, outputs, and associated Campaign Materials. Customer grants the licenses required under the applicable OpenAI Service Terms and must ensure that all published information about the Sponsored Agent remains complete, accurate, and not misleading.

15. Intellectual property and licenses

15.1 As between the Parties, Customer retains its ownership rights in Customer Data and Campaign Materials. More Dash Ads and its licensors retain all rights in the Platform, More Dash Ads technology, documentation, templates, workflows, interfaces, and Platform Usage Data.

15.2 Customer grants More Dash Ads, its affiliates, and their service providers a non-exclusive, worldwide, royalty-free, sublicensable license during the term to host, copy, reproduce, format, modify, transmit, display, distribute, analyze, and otherwise use Customer Data and Campaign Materials only as reasonably necessary to provide, secure, support, measure, improve, and enforce the Platform and Advertising Services; comply with law; prevent fraud and abuse; and carry out Customer’s instructions.

15.3 Customer authorizes More Dash Ads to grant or pass through to OpenAI and other authorized providers the rights needed for the purposes described in the OpenAI Rules, including rights needed to host, format, display, transmit, distribute, operate transparency tools, and develop, provide, and improve applicable products and services.

15.4 More Dash Ads may use feedback about the Platform without restriction or compensation, provided it does not identify Customer or disclose Customer’s Confidential Information.

15.5 Customer may not copy, modify, distribute, sublicense, sell, reverse engineer, or create derivative works of the Platform except where the Agreement expressly permits it or applicable law does not allow the restriction.

16. Third-Party Services and OpenAI

16.1 Third-Party Services are governed by their own terms and policies. More Dash Ads is not responsible for the availability, operation, security, content, decisions, delays, interruptions, errors, or acts of OpenAI or another Third-Party Service.

16.2 OpenAI may communicate advertiser-specific information directly to Customer, verify Customer, require Customer’s direct acceptance of terms, or take action against Customer, an Ad, a destination, an account, or a campaign. Customer authorizes More Dash Ads to share contact and campaign information reasonably necessary for those purposes.

16.3 Customer must not use OpenAI’s name, logo, trademarks, interface, or relationship in marketing or public statements, or imply that OpenAI created, sponsors, endorses, certifies, or partners with Customer, More Dash Ads, a campaign, or an advertised product, unless OpenAI has expressly authorized that use in writing. Customer must comply with any required More Dash Ads attribution or branding identified in an Order or the Platform.

16.4 OpenAI and its affiliates are intended third-party beneficiaries of Sections 3.3, 6, 7, 11, 12, 13, 14, 16.3, and 19 to the extent those provisions protect OpenAI or implement the OpenAI Rules, and may enforce those provisions directly against Customer. No other third party is an intended beneficiary of the Agreement.

17. Confidentiality

17.1 “Confidential Information” means non-public business, technical, financial, security, product, or other information disclosed by one Party (“Discloser”) to the other (“Recipient”) that is marked confidential or reasonably should be understood as confidential. The non-public Platform, non-public Reporting Data, and OpenAI non-public information are Confidential Information.

17.2 Recipient will use Confidential Information only to exercise rights and perform obligations under the Agreement, protect it using at least reasonable care, and disclose it only to affiliates, employees, contractors, advisers, and agents who need to know it and are bound by confidentiality duties at least as protective as this Section. Recipient is responsible for their compliance.

17.3 Confidential Information excludes information Recipient can document: (a) is public through no breach; (b) was lawfully known without restriction before disclosure; (c) was lawfully received from a third party without confidentiality duty; or (d) was independently developed without use of the Confidential Information.

17.4 Recipient may disclose Confidential Information when legally required, but, where permitted, will give prompt notice and reasonable cooperation so Discloser may seek protective treatment. Unauthorized disclosure may cause irreparable harm, and Discloser may seek equitable relief in addition to other remedies.

18. Suspension, termination, and effect

18.1 More Dash Ads may immediately reject, limit, suspend, disable, or terminate any account, feature, Ad Tool, campaign, Order, or access if: Fees are past due; Customer or its activity violates or may violate the Agreement, the OpenAI Rules, applicable law, or third-party rights; More Dash Ads or OpenAI identifies a security, fraud, invalid-activity, legal, regulatory, user-safety, operational, or reputational risk; a required Third-Party Service is unavailable or withdrawn; or continued service is no longer commercially or technically feasible.

18.2 Unless an Order states otherwise, either Party may terminate the Agreement for a material breach that remains uncured thirty days after written notice. More Dash Ads may terminate an Order or the Agreement for convenience on thirty days’ notice and may discontinue an early-access, beta, or preview service at any time.

18.3 On termination or expiration: Customer’s right to use the affected Platform services ends; More Dash Ads and OpenAI may stop delivering Ads and disable access; Customer remains responsible for all Fees incurred before termination becomes effective; and each Party will return or delete the other Party’s Confidential Information on request, subject to legal, security, backup, and data-processing obligations.

18.4 Sections that by their nature should survive will survive, including payment obligations, data and reporting restrictions, confidentiality, intellectual property, disclaimers, indemnities, limitations of liability, dispute terms, and miscellaneous provisions.

19. Disclaimers

19.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE PLATFORM, ADVERTISING SERVICES, AD TOOLS, REPORTING DATA, GENERATED CREATIVES, BETA FEATURES, RECOMMENDATIONS, AND ALL RESULTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” More Dash Ads DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR TRADE USAGE.

19.2 More Dash Ads DOES NOT WARRANT THAT ANY SERVICE OR RESULT WILL BE AVAILABLE, UNINTERRUPTED, SECURE, ERROR-FREE, ACCURATE, COMPLETE, COMPLIANT, OR SUITABLE; THAT DEFECTS WILL BE CORRECTED; THAT CUSTOMER WILL ACHIEVE ANY REACH, CONVERSION, REVENUE, OR RETURN; OR THAT ANY IMPRESSION, CLICK, QUERY, CONVERSION, OR OTHER INTERACTION IS HUMAN, VALID, OR FREE FROM FRAUD OR INVALID ACTIVITY.

19.3 CUSTOMER IS RESPONSIBLE FOR LEGAL AND PROFESSIONAL REVIEW OF ITS CAMPAIGNS. GUIDANCE, TEMPLATES, REVIEWS, RECOMMENDATIONS, OR APPROVALS PROVIDED BY More Dash Ads OR OPENAI DO NOT CONSTITUTE LEGAL ADVICE AND DO NOT REDUCE CUSTOMER’S RESPONSIBILITY.

20. Indemnification

20.1 Customer will indemnify, defend, and hold harmless More Dash Ads, its affiliates, licensors, service providers, OpenAI, other authorized Third-Party Service providers, and their respective officers, directors, employees, and agents from third-party claims and resulting liabilities, damages, judgments, settlements, penalties, fines, costs, and reasonable attorneys’ fees arising out of or relating to:

• Customer’s or an Authorized User’s breach of the Agreement or OpenAI Rules;
• Customer’s use of the Platform, Advertising Services, or Ad Tools;
• Campaign Materials, Customer Data, Ads, audience or conversion data, destinations, advertised products or services, or Customer instructions;
• Customer’s collection, use, disclosure, sharing, or provision of Personal Data, including failure to provide notice, obtain consent, maintain a legal basis, or honor a data-subject choice;
• actual or alleged infringement or violation of intellectual property, privacy, publicity, consumer-protection, or other rights;
• fraud, invalid activity, illegal or unsafe products or practices, or Customer’s negligence or willful misconduct; or
• a claim, charge, cost, or indemnity demand made by OpenAI or another provider concerning Customer or its activity.

20.2 More Dash Ads will provide reasonably prompt notice of an indemnified claim and reasonable cooperation at Customer’s expense. Customer may control the defense and settlement, but may not admit fault by More Dash Ads, impose an obligation on More Dash Ads, or settle a claim without More Dash Ads’s written consent. More Dash Ads may participate with counsel at its own expense or assume control where the claim creates a material conflict, regulatory risk, or risk to More Dash Ads’s rights or reputation.

20.3 More Dash Ads will defend Customer against a third-party claim alleging that the unmodified Platform, when used as authorized under the Agreement, infringes a United States patent, copyright, or trade secret, and will pay damages finally awarded or agreed in a settlement approved by More Dash Ads. This obligation does not apply to claims arising from Customer Data or Campaign Materials; Third-Party Services; combinations not supplied by More Dash Ads; modifications not made by More Dash Ads; continued use after notice; or use contrary to the Agreement or documentation. More Dash Ads may obtain a right for continued use, modify or replace the affected feature, or terminate it and refund prepaid More Dash Ads platform fees for the unused terminated period. This Section 20.3 states Customer’s exclusive remedy for such claims.

21. Limitation of liability

21.1 TO THE FULLEST EXTENT PERMITTED BY LAW, More Dash Ads WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, ENHANCED, OR PUNITIVE DAMAGES; LOST PROFITS, REVENUE, BUSINESS, GOODWILL, OR DATA; BUSINESS INTERRUPTION; OR THE COST OF SUBSTITUTE SERVICES, EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

21.2 TO THE FULLEST EXTENT PERMITTED BY LAW, MORE DASH ADS’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE AGREEMENT WILL NOT EXCEED THE LESSER OF: (A) US$500,000; OR (B) THE MORE DASH ADS PLATFORM AND SERVICE FEES PAID OR PAYABLE BY CUSTOMER DURING THE TWELVE MONTHS BEFORE THE FIRST EVENT GIVING RISE TO LIABILITY. MEDIA SPEND, TAXES, PREPAID BALANCES, AND THIRD-PARTY PASS-THROUGH CHARGES ARE EXCLUDED FROM THIS CALCULATION.

21.3 Customer liability is uncapped. No exclusion, disclaimer, or aggregate cap in the Agreement limits Customer’s liability arising from or relating to: Fees or other payment obligations; breach of the Agreement or OpenAI Rules; use or misuse of the Platform, Advertising Services, or Ad Tools; Customer Data, Campaign Materials, Ads, destinations, advertised products or services, or Customer instructions; privacy, data-protection, security, confidentiality, or Reporting Data obligations; infringement or violation of intellectual property, privacy, publicity, consumer-protection, or other rights; indemnification obligations; fraud, invalid activity, chargebacks, negligence, gross negligence, or willful misconduct; or amounts, claims, penalties, costs, or liabilities imposed on More Dash Ads by OpenAI or another provider because of Customer. Customer’s liability for these matters is uncapped to the fullest extent permitted by law.

21.4 Sections 21.1 and 21.2 do not limit liability that cannot lawfully be limited. The limitations in this Section apply notwithstanding the failure of an exclusive remedy.

22. Trade controls and geographic restrictions

22.1 Customer will comply with applicable sanctions, export-control, import, anti-boycott, and trade laws. Customer represents that neither it nor its Authorized Users are located in an embargoed jurisdiction or listed on a government restricted-party list and that Campaign Materials do not include information requiring a government license for release or export unless all required authorizations have been obtained.

22.2 Customer and its Authorized Users may use or offer the Advertising Services only in countries and territories supported by OpenAI and approved by More Dash Ads. Customer must not misrepresent its location, service area, target market, or eligibility.

23. Updates to these Terms and the OpenAI Rules

23.1 More Dash Ads may update these Terms by posting an updated version and changing the “Last Updated” date. More Dash Ads will provide reasonable notice of a material update, including by email or through the Platform, unless an earlier change is reasonably necessary to comply with law or a provider requirement or to address security, fraud, abuse, or operational risk.

23.2 An update to these Terms will apply on the date stated in the notice. Customer’s continued use after that date constitutes acceptance. If Customer does not agree, it must stop using the Platform and cancel affected campaigns before the update becomes effective, subject to charges already incurred and any non-cancellable commitment in an Order.

23.3 OpenAI may update the OpenAI Rules on the timetable and under the process stated in those rules. An OpenAI update applies to Customer when it becomes effective under the applicable OpenAI Rule, including if that occurs before More Dash Ads separately notifies Customer. Customer is responsible for reviewing the linked OpenAI Rules. More Dash Ads may modify, suspend, or cancel an affected service or campaign to comply with an OpenAI update.

24. Miscellaneous

24.1 Notices. Legal notices must be in writing. Notices to More Dash Ads must be sent to info@dressx.com with a copy to More Dash Inc., 1925 Century Park E, #1700, Los Angeles, CA 90067, Attn: Legal. Privacy notices under Schedule 1 may also be sent to dpo@moredash.com. Notices to Customer may be sent to the account or Order contact. Email notice is effective when sent unless the sender receives a delivery failure; courier or mail notice is effective when received.

24.2 Governing law and venue. The Agreement is governed by California law, without regard to conflict-of-laws rules. The state and federal courts located in Los Angeles County, California have exclusive jurisdiction over disputes arising out of or relating to the Agreement, and each Party consents to personal jurisdiction and venue there.

24.3 Assignment. Customer may not assign or delegate the Agreement without More Dash Ads’s prior written consent. More Dash Ads may assign the Agreement to an affiliate or in connection with a merger, reorganization, financing, sale of assets, or transfer of the relevant business. Any prohibited assignment is void.

24.4 Force majeure. Except for payment obligations, neither Party is liable for delay or failure caused by events beyond its reasonable control, including failures of OpenAI or other providers, internet or utility outages, labor disputes, government action, natural disasters, war, terrorism, or civil unrest.

24.5 No waiver; severability. A waiver must be in writing and applies only to the specific instance. If a provision is unenforceable, it will be modified only as necessary to make it enforceable, and the remaining provisions remain in effect.

24.6 Entire agreement. The Agreement is the entire agreement between Customer and More Dash Ads concerning its subject matter and supersedes prior or contemporaneous understandings on that subject. Amendments must be made under Section 23 or in a writing signed by authorized representatives of both Parties.

24.7 Headings and interpretation. Headings are for convenience only. “Including” means “including without limitation.” Electronic acceptance and signatures are binding, and counterparts together form one agreement.

Schedule 1 — More Dash Ads Ads Data Processing Addendum

This More Dash Ads Ads Data Processing Addendum (“Ads DPA”) forms part of the More Dash Ads Platform Terms and the Agreement between Customer and More Dash Ads. It applies automatically when More Dash Ads processes Ads Customer Personal Data for Customer in connection with the Platform. Capitalized terms not defined in this Ads DPA have the meanings given in the Terms.

1. Scope, effectiveness, and priority

1.1 This Ads DPA is effective from the later of August 15, 2026 or the date Customer accepts the Agreement and continues for as long as More Dash Ads processes Ads Customer Personal Data.

1.2 This Ads DPA applies only to Ads Customer Personal Data that More Dash Ads processes as Customer’s processor, service provider, or contractor. It does not govern information for which More Dash Ads acts as an independent Controller under Section 3.3.

1.3 If this Ads DPA conflicts with the Terms concerning the Processing of Ads Customer Personal Data, this Ads DPA controls. Applicable Standard Contractual Clauses or another mandatory transfer mechanism control over this Ads DPA to the extent of a conflict.

2. Definitions

2.1 “Ads Customer Personal Data” means Personal Data contained in Customer Data that More Dash Ads Processes on behalf of Customer to provide the Platform, including the data described in Annex A. Ads Customer Personal Data excludes data for which More Dash Ads is an independent Controller and data that has been aggregated or deidentified so it is no longer Personal Data.

2.2 “Applicable Data Protection Laws” means privacy, data-protection, data-security, breach-notification, direct-marketing, online-tracking, and electronic-communications laws applicable to the Processing of Ads Customer Personal Data, including, where applicable, the GDPR, UK GDPR, Swiss Federal Act on Data Protection, California Consumer Privacy Act as amended by the CPRA (“CCPA”), and comprehensive U.S. state privacy laws.

2.3 “Controller,” “Data Subject,” “Personal Data,” “Process,” “Processing,” “Processor,” “Sale,” “Share,” “Business,” “Service Provider,” “Contractor,” and “Supervisory Authority” have the meanings given by Applicable Data Protection Laws.

2.4 “Customer Instructions” means Customer’s documented instructions for Processing Ads Customer Personal Data, consisting of the Agreement, Customer’s configurations and use of the Platform, and additional lawful written instructions accepted by More Dash Ads.

2.5 “GDPR” means Regulation (EU) 2016/679 and, where applicable, the UK GDPR as incorporated into United Kingdom law.

2.6 “OpenAI Ad Tools DPA” means OpenAI’s data processing addendum for Covered Ad Tools available at https://openai.com/policies/ad-tools-dpa/, as updated from time to time.

2.7 “Security Incident” means a breach of security resulting in accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to Ads Customer Personal Data. Security Incident does not include unsuccessful attempts that do not compromise Ads Customer Personal Data, such as blocked scans, pings, denial-of-service attempts, or unsuccessful login attempts.

2.8 “Standard Contractual Clauses” or “SCCs” means the European Commission standard contractual clauses adopted by Implementing Decision (EU) 2021/914, as amended, replaced, or superseded.

2.9 “Subprocessor” means a third party appointed by or for More Dash Ads to Process Ads Customer Personal Data on Customer’s behalf. A recipient acting as an independent Controller is not a Subprocessor for that Processing.

3. Roles of the Parties and OpenAI

3.1 Customer and More Dash Ads. Customer is the Controller or Business and More Dash Ads is the Processor, Service Provider, or Contractor for Ads Customer Personal Data. If Customer acts as a Processor for another Controller, More Dash Ads acts as Customer’s Subprocessor, and Customer represents that the relevant Controller has authorized Customer to appoint More Dash Ads and issue the Customer Instructions.

3.2 Processing on instructions. More Dash Ads will Process Ads Customer Personal Data only:

• to provide, secure, support, maintain, measure, and improve the Platform for Customer;
• to create, configure, submit, administer, deliver, measure, report on, and support Customer’s campaigns and Ad Tools;
• in accordance with Customer Instructions;
• as needed to prevent or address fraud, abuse, Security Incidents, or violations affecting the Platform; or
• as required by applicable law, in which case More Dash Ads will notify Customer before Processing unless legally prohibited.

If More Dash Ads reasonably believes a Customer Instruction violates Applicable Data Protection Laws, More Dash Ads will inform Customer and may suspend the affected Processing until the Parties resolve the issue.

3.3 More Dash Ads independent-controller Processing. More Dash Ads acts as an independent Controller or Business for Personal Data it Processes for its own account administration, billing and payments, tax, security, fraud prevention, legal compliance, service analytics, business operations, and direct relationship with Customer and Authorized Users. More Dash Ads will Process that data under its applicable privacy notice, not this Ads DPA. More Dash Ads will not use Ads Customer Personal Data for its own advertising or to build profiles about Data Subjects for unrelated purposes.

3.4 OpenAI independent-controller Processing. Except for OpenAI Restricted Processing, the OpenAI Ad Tools DPA states that OpenAI and the party treated as OpenAI’s customer act as independent Controllers for Personal Data Processed through Covered Ad Tools. When More Dash Ads provides Ads Customer Personal Data to OpenAI for such Processing under Customer’s authorization, OpenAI is a separate recipient and independent Controller, not More Dash Ads’s Subprocessor for that Processing. The OpenAI Rules govern OpenAI’s Processing.

3.5 OpenAI Restricted Processing. For Processing OpenAI defines as “Restricted Processing,” the party treated as OpenAI’s customer is Controller and OpenAI is Processor. To the extent More Dash Ads appoints OpenAI to conduct Restricted Processing on Customer’s behalf, OpenAI acts as More Dash Ads’s Subprocessor and Customer authorizes More Dash Ads to accept the OpenAI Ad Tools DPA and OpenAI’s Ad Tools Sub-Processor List for that Processing.

3.6 Contractual role descriptions do not change a party’s status under Applicable Data Protection Laws. The Parties will reasonably cooperate to document or adjust roles if a Supervisory Authority or change in law requires it.

4. Customer obligations

4.1 Customer will comply with Applicable Data Protection Laws and is responsible for the lawfulness, fairness, transparency, accuracy, and quality of Ads Customer Personal Data and Customer Instructions.

4.2 Customer represents, warrants, and covenants that it:

• has provided all required notices and obtained and will maintain all rights, consents, permissions, and legal bases required for More Dash Ads, OpenAI, and authorized providers to Process Ads Customer Personal Data as described in the Agreement;
• will deploy pixels, SDKs, APIs, cookies, local storage, and similar technologies only after obtaining any consent required by applicable law;
• will offer and honor required opt-outs from Sale, Sharing, targeted advertising, profiling, cookies, and other Processing, and will communicate applicable consent and opt-out signals through the Platform;
• will not provide Personal Data after a Data Subject opts out, objects, or withdraws consent where honoring that choice requires the data no longer be provided;
• will use Covered Ad Tools only on properties it owns, operates, or has sufficient legal authority to use;
• will not provide Prohibited Data, sensitive Personal Data, data from child-directed services, or fields, labels, tags, or event names that reveal or imply such data; and
• will promptly notify More Dash Ads of a complaint, inquiry, claim, investigation, or regulatory request concerning Ads Customer Personal Data or Customer’s use of an Ad Tool.

4.3 Customer will not instruct More Dash Ads to Process Ads Customer Personal Data in violation of Applicable Data Protection Laws, the Agreement, or the OpenAI Rules. Customer is responsible for determining whether the Platform is appropriate for its Processing and for completing any required data-protection, transfer, or legitimate-interest assessment.

5. More Dash Ads obligations

5.1 More Dash Ads will:

• comply with obligations directly applicable to it as a Processor, Service Provider, or Contractor;
• Process Ads Customer Personal Data only for the limited and specified purposes described in this Ads DPA and Annex A;
• notify Customer if More Dash Ads determines it can no longer meet its obligations under Applicable Data Protection Laws;
• provide information reasonably necessary to demonstrate compliance with this Ads DPA; and
• permit Customer to take reasonable and appropriate steps to help ensure More Dash Ads uses Ads Customer Personal Data consistently with Customer’s obligations and to stop and remediate unauthorized Processing.

5.2 More Dash Ads will not:

• sell Ads Customer Personal Data or share it for cross-context behavioral advertising;
• retain, use, or disclose Ads Customer Personal Data outside the direct business relationship with Customer or for a commercial purpose other than the business purposes specified in the Agreement;
• combine Ads Customer Personal Data with Personal Data received from another person or collected from More Dash Ads’s own interactions with a Data Subject, except as permitted by Applicable Data Protection Laws and necessary to provide the Platform; or
• attempt to re-identify deidentified data except to test whether deidentification processes comply with Applicable Data Protection Laws.

5.3 More Dash Ads certifies that it understands and will comply with the restrictions in Section 5.2.

6. Confidentiality and personnel

6.1 More Dash Ads will limit access to Ads Customer Personal Data to personnel who require access to perform the Agreement. More Dash Ads will ensure those personnel are bound by confidentiality obligations and receive appropriate privacy and security training.

6.2 More Dash Ads is responsible for its personnel’s compliance with this Ads DPA.

7. Security

7.1 More Dash Ads will implement and maintain appropriate technical and organizational measures designed to protect Ads Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access. The current minimum measures are described in Annex C.

7.2 Customer is responsible for secure configuration and use of the Platform, protection of credentials, security of Customer systems and properties, and secure transmission methods made available by More Dash Ads.

7.3 More Dash Ads may update its security measures, provided the update does not materially reduce the overall protection of Ads Customer Personal Data during the applicable service term.

8. Subprocessors

8.1 Customer gives More Dash Ads general written authorization to appoint the Subprocessors listed in Annex B and replacements or additions made under this Section 8.

8.2 More Dash Ads will enter into a written agreement with each Subprocessor that imposes data-protection obligations substantially equivalent to those applicable to More Dash Ads for the relevant Processing. More Dash Ads remains responsible for its Subprocessors’ performance to the extent required by Applicable Data Protection Laws.

8.3 More Dash Ads will provide at least thirty days’ notice before a new Subprocessor begins Processing Ads Customer Personal Data, including through the Platform or by email. Customer may object during that period on reasonable, documented data-protection grounds. The Parties will work in good faith to address the objection. If no reasonable alternative is available, Customer may terminate only the affected feature before the new Subprocessor begins Processing; Customer’s sole remedy is a refund of prepaid More Dash Ads platform fees for the unused terminated period.

8.4 OpenAI and its providers are treated under Sections 3.4 and 3.5 according to the role in which they perform the relevant Processing. OpenAI’s current list for Restricted Processing is maintained by OpenAI at https://openai.com/policies/ad-tools-subprocessors/.

9. Data Subject requests

9.1 Taking into account the nature of Processing, More Dash Ads will provide reasonable assistance through appropriate technical and organizational measures to help Customer respond to requests by Data Subjects to exercise rights under Applicable Data Protection Laws.

9.2 If More Dash Ads receives a request concerning Ads Customer Personal Data, More Dash Ads will notify Customer and will not respond except to confirm that the request has been forwarded, as Customer instructs, or as legally required. Customer is responsible for verifying the requester and responding within applicable deadlines.

9.3 To the extent an independent Controller, including OpenAI, receives or controls the relevant Personal Data, Customer or the Data Subject may need to direct the request to that Controller under its privacy process.

10. Compliance assistance and assessments

10.1 Taking into account the nature of Processing and information available to More Dash Ads, More Dash Ads will provide reasonable assistance with Customer’s obligations concerning security, breach notifications, data-protection impact assessments, prior consultations, transfer assessments, and applicable U.S. state privacy cybersecurity audits and risk assessments.

10.2 More Dash Ads may charge reasonable fees for assistance that is unusually burdensome, repetitive, or caused by Customer’s noncompliance, unless Applicable Data Protection Laws prohibit the charge.

11. Security Incidents

11.1 More Dash Ads will notify Customer without undue delay and, where reasonably practicable, within forty-eight hours after confirming a Security Incident affecting Ads Customer Personal Data.

11.2 More Dash Ads will take reasonable steps to contain, investigate, and mitigate the Security Incident and will provide available information reasonably needed for Customer’s legally required notifications, including the nature of the incident, affected data and Data Subjects, likely consequences, and mitigation measures.

11.3 More Dash Ads’s notice or response is not an admission of fault or liability. Customer is responsible for notifying regulators, Data Subjects, and others unless law assigns that obligation to More Dash Ads.

12. Return, deletion, and retention

12.1 During the Agreement, Customer may access or export Ads Customer Personal Data using available Platform functionality.

12.2 On termination or expiration, More Dash Ads will, at Customer’s choice communicated within thirty days, return or delete Ads Customer Personal Data, unless retention is required by law. If Customer does not request return within that period, More Dash Ads may delete the data.

12.3 More Dash Ads may retain Ads Customer Personal Data in protected backups until deletion under its ordinary backup cycle, provided the data remains protected and is not actively Processed except for restoration, security, or legal purposes. More Dash Ads may retain deidentified data that cannot reasonably be linked to a person and independent-controller data described in Section 3.3.

12.4 OpenAI and other independent Controllers retain Personal Data under their own terms, privacy notices, and legal obligations. More Dash Ads cannot require an independent Controller to follow Customer’s retention instruction except where the applicable agreement or law gives More Dash Ads that right.

13. Audits

13.1 No more than once annually, and additionally after a material Security Incident or where required by a Supervisory Authority, Customer may request information reasonably necessary to assess More Dash Ads’s compliance with this Ads DPA.

13.2 More Dash Ads may satisfy an audit request by providing current third-party certifications, audit reports, security summaries, or questionnaire responses. If those materials are insufficient under Applicable Data Protection Laws, Customer may conduct a remote or onsite audit through an independent auditor bound by confidentiality, subject to reasonable notice, scope, timing, security, and non-disruption requirements agreed by the Parties.

13.3 Customer will bear audit costs unless an audit identifies More Dash Ads’s material breach of this Ads DPA. Audit results are More Dash Ads Confidential Information. Customer will promptly notify More Dash Ads of identified noncompliance and allow a reasonable remediation period.

14. International data transfers

14.1 Each Party will comply with Applicable Data Protection Laws governing its international transfers. Customer authorizes More Dash Ads and its Subprocessors to Process Ads Customer Personal Data in the United States and other countries identified in Annex B, subject to a valid transfer mechanism where required.

14.2 If Customer transfers Ads Customer Personal Data protected by the EEA GDPR to More Dash Ads in a country without an adequacy decision, the SCCs are incorporated to the extent they are legally available and required, as follows:

• Module Two applies where Customer is Controller and More Dash Ads is Processor;
• Module Three applies where Customer is Processor and More Dash Ads is Subprocessor;
• Clause 7 (docking) does not apply;
• in Clause 9, Option 2 applies with the notice period in Section 8.3;
• the optional language in Clause 11 does not apply;
• in Clause 17, Option 1 applies and the SCCs are governed by Irish law;
• under Clause 18(b), the courts of Ireland have jurisdiction;
• Annexes I and II are completed using Annexes A, B, and C of this Ads DPA; and
• Customer may lodge the SCCs with a Supervisory Authority where required.

14.3 For transfers governed by the UK GDPR, the then-current International Data Transfer Addendum issued by the UK Information Commissioner is incorporated and completed using the information in this Ads DPA. The Parties select the option allowing either Party to terminate the affected Processing if a mandatory change to the UK Addendum creates a substantial, disproportionate burden and they cannot agree on a compliant alternative.

14.4 For transfers governed by Swiss data-protection law, references in the SCCs to the EU, Member States, and GDPR will be interpreted to include Switzerland and the Swiss Federal Act on Data Protection as applicable; the competent authority is the Swiss Federal Data Protection and Information Commissioner; and Data Subjects may bring claims in Switzerland where required by law.

14.5 If an approved transfer mechanism replaces or supersedes a mechanism in this Section, the new mechanism automatically applies to the extent legally required. The Parties will reasonably cooperate to document it.

15. Liability and third-party rights

15.1 The liability provisions in Section 21 of the Terms apply to this Ads DPA, except that nothing limits a Data Subject’s rights or liability under the SCCs or another mandatory transfer mechanism where such limitation is prohibited.

15.2 Except for Data Subjects’ rights under applicable transfer terms and rights a regulator may exercise under law, this Ads DPA creates no third-party beneficiary rights.

16. Termination

This Ads DPA terminates when More Dash Ads no longer Processes Ads Customer Personal Data, except that provisions that by their nature should survive, including confidentiality, deletion, audit confidentiality, transfers, and liability, will survive.

Annex A — Details of Processing

A.1 Parties

Data exporter: Customer. Customer’s legal name, address, contact information, data-protection contact, and activities are stated in the Agreement, Order, or Customer’s Platform account. Customer is Controller or Processor as described in Section 3.1.

Data importer: More Dash Inc. d/b/a DRESSX, 1925 Century Park E, #1700, Los Angeles, CA 90067, United States; info@dressx.com; privacy contact: dpo@moredash.com. More Dash Ads provides the Platform and Processes Ads Customer Personal Data as Processor or Subprocessor as described in Section 3.1.

The Parties are deemed to have signed the applicable SCCs when Customer accepts the Agreement.

A.2 Processing description

A.3 Competent Supervisory Authority

For the EEA SCCs, the competent Supervisory Authority is the authority of the EEA country in which Customer is established. If Customer is not established in the EEA but is subject to the GDPR and has appointed an Article 27 representative, it is the authority for the representative’s country. Otherwise, the Parties select the Irish Data Protection Commission, to the extent that selection is legally permitted. For UK transfers, the competent authority is the UK Information Commissioner’s Office. For Swiss transfers, it is the Swiss Federal Data Protection and Information Commissioner.

Annex B — Authorized Subprocessors and recipients

The table describes known providers relevant to the Ads product. A provider is a Subprocessor only to the extent it Processes Ads Customer Personal Data on More Dash Ads’s behalf. The same provider may act as an independent Controller for other Processing.

Each Subprocessor may Process the relevant categories of Ads Customer Personal Data using the operations described in Annex A solely for its stated purpose and only for the period necessary to provide the applicable service, subject to Section 12.

More Dash Ads’s payment processor Processes payment-method and transaction information for More Dash Ads’s independent-controller billing purposes and is identified in the Platform or applicable More Dash Ads privacy notice. If a payment processor Processes Ads Customer Personal Data on Customer’s behalf rather than solely billing data, More Dash Ads will add it to this Annex under Section 8.3 before that Processing begins.

Annex C — Technical and organizational measures

More Dash Ads will maintain measures appropriate to the risk, including:

1. documented information-security governance, assigned responsibility, and periodic risk assessments;
2. role-based access controls, least privilege, unique user IDs, access reviews, and prompt access revocation;
3. multi-factor authentication where appropriate and password controls addressing complexity, secure storage, and sharing;
4. encryption in transit using current secure protocols and encryption at rest through cloud-infrastructure controls;
5. logical segregation of customer environments or data where appropriate;
6. system, administrative, and security-event logging and monitoring;
7. network protections, firewalls, intrusion-detection or analogous controls, and traffic monitoring;
8. vulnerability management, security testing, patching, malware protection, and remediation processes;
9. secure software-development, change-management, review, and deployment practices;
10. incident-response procedures for detection, containment, investigation, mitigation, recovery, and notification;
11. business-continuity, backup, restoration, and disaster-recovery measures;
12. vendor diligence and written data-protection and security obligations for Subprocessors;
13. personnel confidentiality obligations and privacy and security training; and
14. secure retention and disposal processes designed to render Personal Data unreadable or unrecoverable when deletion is required.