Data Processing Addendum

This Data Processing Addendum ("DPA") forms part of the Terms of Service between Pagekiss LLC ("Processor") and the customer entity ("Customer") and applies where Pagekiss processes personal data on Customer's behalf.
Customer is the Data Controller
Pagekiss is the Data Processor

2.1 Subject Matter
Provision of the Service, including AI-based generation of email marketing templates and related content.
2.2 Duration
For the duration of Customer's use of the Service.
2.3 Nature and Purpose
Processing personal data to:
Provide, operate, and support the Service
Generate Outputs
Improve and enhance models and services
Provide customer support
Maintain security and reliability
2.4 Types of Personal Data
Account and contact information
Usage data
Inputs submitted to the Service
Outputs generated by the Service (to the extent they contain personal data)
2.5 Categories of Data Subjects
Customer users
Customer's end customers or contacts (as included in Inputs)

Pagekiss shall:
Process personal data in accordance with Customer's documented instructions, as set forth in this DPA, the Terms of Service, the Privacy Policy, and as necessary to provide and operate the Service, unless otherwise required by applicable law.
Implement reasonable security measures
Ensure personnel are subject to confidentiality obligations
Assist with data subject requests where applicable
Notify Customer of personal data breaches without undue delay
Upon termination of the Service, Pagekiss will delete or return personal data to the extent reasonably practicable, subject to applicable legal, regulatory, security, backup, and operational requirements. Pagekiss may retain anonymized or aggregated data and data maintained in backups or logs in accordance with its standard retention practices.

Customer authorizes Pagekiss to engage subprocessors, including:
Cloud hosting providers
Payment processors (e.g., Stripe)
Analytics and monitoring providers
Pagekiss remains responsible for subprocessors' compliance with this DPA.

Where personal data is transferred internationally, Pagekiss will implement appropriate safeguards as required by applicable law.

Pagekiss maintains reasonable technical and organizational measures, including:
Access controls
Encryption in transit
Segregation of production systems
Incident response procedures

Liability under this DPA is subject to the limitations of liability set forth in the Terms of Service.

This DPA is governed by the laws of the State of New Hampshire, without regard to conflict of laws principles.