LIMITS POLICY

"Assigned Unit" means a Unit that is assigned to a User through a login credential or other unique identifier.

"Customer" means the customer entity or individual that executes or accepts an Order or registers for free trial access to and use of an Online Service.

"Order" means an executed ordering document or online order issued or otherwise approved in writing by Brandfolder that sets forth the commercial details of the Online Services Customer is authorized to access and use.

"Unit" means a unit of access to or use of an Online Service authorized under an Order or as a free trial.

"User" means any individual authorized or invited by Customer or another User to access and use the Online Services.

Unit Usage

Except as permitted in the agreement between Customer and Brandfolder incorporating this Limits Policy, Customer will access or use up to the number of Units authorized in the Order or free trial registration.

Reassignment

Except as permitted in the agreement between Customer and Brandfolder incorporating this Limits Policy, Customer may not reassign an Assigned Unit to another User within 60 days of the last assignment of such unit; provided, however, that if there is no shared overlapping use among Users, Customer may reassign an Assigned Unit to another User anytime: (a) on a temporary basis to cover a User's leave of absence, in which case, immediately upon return, the original User is reassigned such unit; or (b) on a persistent basis to replace a User that changes, leaves, or is removed from their position or job responsibilities.

Application Program Interface

Except as permitted in the agreement between Customer and Brandfolder incorporating this Limits Policy, Customer’s Online Service may not exceed 500 application programming interface calls to or from the Online Service per minute.

Brandfolder will be responsible for assessing Customer's and its Users' access and use of the Online Services against the limits set forth above in the context of Customer's level of service and any additional information that Brandfolder may solicit from Customer. In conjunction with such assessment, Brandfolder may provide Customer with written notice as to whether such access or use should be modified or discontinued to comply with such limits or is otherwise acceptable on certain conditions, which may include the purchase of additional capacity. Brandfolder's refrain from or delay in sending such written notice will not be deemed as acceptance of any limits violation.

Notwithstanding the foregoing, in the event of a limits violation, Brandfolder may take any mitigating or remedial action it deems necessary, including but not limited to immediately suspending Users' accounts or unpublishing any content, to prevent disruption of the Online Services or to protect the legal rights and safety of Brandfolder and its customers and users and the general public.

Brandfolder reserves the right to modify or update this Limits Policy from time to time, with such revisions applicable immediately unless otherwise stated in the agreement between Customer and Brandfolder incorporating this Limits Policy.