Terms and conditions

Effective date: 25 October 2026

These terms and conditions (the "Terms") govern the Huntit service provided by HUNTIT TECHNOLOGIES SRL, a Romanian limited liability company with its registered office at Str. Tudor Arghezi nr. 25, Gădălin, Cluj County, 407351, Romania, registered with the Trade Register under no. J2025048135004, sole registration code (CUI) 52083149, share capital 1 RON ("Huntit", "we", "us"). You can reach us at contact@huntit.ai.

1. The agreement

1.1. These Terms apply to the business that signs a contract with us for the Service, whether an agency or a company (the "Customer", "you"). That signed contract, with any addendum, is the "Contract". It states the term, the fees and the payment schedule, and incorporates these Terms, including Annex A (Data processing addendum).

1.2. If the Contract and these Terms conflict, the Contract prevails. On the processing of personal data, Annex A prevails over the rest of these Terms.

1.3. The Service is for business use only. You confirm that you enter into the Contract in the course of your business and not as a consumer, and that the person signing it is authorised to bind you.

1.4. You confirm that you are not subject to EU, UN, UK or US sanctions, and you will not use the Service in breach of sanctions or export control laws.

1.5. A person given demo access, and the organisation for which that person evaluates the Service, accept Section 23 and the sections it names, and do not take on the other obligations of a Customer.

2. Definitions

3. The Service

3.1. We will make the Service available to you for the term of the Contract.

3.2. We do not promise that the Service will be uninterrupted, error-free or always available.

3.3. We develop the Service continuously and may add, change or remove features. We will not materially reduce the core functionality of the Service during a paid term. The availability of a particular platform or data source depends on third parties (Section 8.4) and is not part of the core functionality under this Section. If one becomes unavailable, we will make reasonable efforts to tell you and to restore collection, including through another source.

3.4. The Contract is not conditional on any future feature. No roadmap, sales presentation or public statement about planned features forms part of it.

3.5. Updates and new features of the Service are included in the fees, except add-ons that we offer separately, each with its own fee. An add-on forms part of the Contract only when both parties agree it in writing. We will not move an existing feature into a paid add-on during a paid term.

4. Accounts and Members

4.1. Your account owner manages the Workspace, including who is invited and what each Member may do. You are responsible for your Members and for all activity under their accounts.

4.2. Accounts are personal. Members must keep their sign-in details secure and must not share their account.

4.3. We may access your Workspace to provide support, maintain and secure the Service, investigate a problem, or comply with the law.

4.4. Members may connect their own AI assistant, such as Claude, to your Workspace. The assistant's provider acts for you, not for us, and is not our sub-processor. Your account owner can switch the connection off.

5. Licence and restrictions

5.1. During the term, we grant you a non-exclusive, non-transferable, non-sublicensable right to use the Service for your internal business purposes. For an agency, these include serving its own clients.

5.2. You will not, and will not allow anyone to: (a) copy, frame, mirror, modify or create derivative works of the Service or any part of it, including its features, workflows, scores, report formats and user interface; (b) decompile, disassemble or reverse engineer the Service, or attempt to derive its source code, models, prompts, scoring logic or underlying structure, except to the extent the law permits this despite a contractual restriction; (c) use the Service, its Outputs or our confidential information to copy the Service's ideas, features, functions or graphics, to design, build, train or improve a competing product, service or model, or to benchmark or monitor the Service for competitive purposes; (d) scrape, crawl or systematically extract data or Outputs from the Service, by automated or manual means, other than through the export features and the AI assistant connection the Service provides; (e) give access to the Service to anyone other than your Members, except through Report Share Links, or resell, sublicense or otherwise provide it to a third party; or (f) probe, test or circumvent the Service's security, access controls or usage limits. Using Outputs for your internal business purposes under Section 5.1, including in work for your own clients, is not a breach of Section 5.2(a).

5.3. A business that offers, or is preparing to offer, a product or service that collects, monitors or analyses social media content or performance for others, or that otherwise competes with the Service, and anyone acting for it, may not access the Service, including through demo access, without our prior written consent. You confirm that you are not such a business and will not give one access to the Service or its Outputs. A business does not compete with the Service only because it provides marketing, creative, consulting or reporting services to its own clients, as long as it does not offer them a software product or data service that does what the Service does.

5.4. A breach of Section 5.2(a), (b) or (c) or Section 5.3 is "Competitive Misuse". For Competitive Misuse you will pay us, as a penalty and without our having to prove any loss, the greater of three times the fees payable under the Contract for its full term and EUR 100,000. The parties agree that this amount is a reasonable estimate, made at signature, of the licence value of the misuse. Instead of this amount, we may claim our full proven loss. This does not affect our rights under Sections 5.6 and 14.

5.5. We may monitor use of the Service to verify compliance with this Section 5. On our request, you will confirm your compliance in writing, signed by an authorised representative.

5.6. A breach of Section 5.2, 5.3 or 15 may cause us harm that damages cannot adequately remedy. We may seek urgent or interim relief from any competent court, without following Section 22.2 and, where the law allows, without providing security.

6. Ownership

6.1. As between the parties, you own your Customer Content and the Outputs generated for your Workspace, subject to Sections 5 and 6.4. We do not use Customer Content or Outputs to train AI models.

6.2. You grant us the rights we need to host, process, transmit, display and analyse Customer Content in order to provide, secure and support the Service.

6.3. We and our licensors own the Service, including its software, analysis methods and documentation, and all improvements to them.

6.4. Tracked Content comes from public social platforms. The rights in it remain with its creators and rights holders, and nothing in the Contract transfers them to either party.

6.5. You grant us a perpetual, irrevocable, worldwide, royalty-free licence to use, without restriction, any feedback, suggestion or idea you or your Members give us.

6.6. We may use aggregated or de-identified data about the use of the Service to operate and improve it.

7. Tracked content

7.1. The Service is designed to collect publicly available data only. You will not use it to collect non-public data or to get around any access control.

7.2. You decide what the Service tracks and analyses, and you are responsible for that choice. You warrant that: (a) you are the controller, or are authorised by the controller to instruct the tracking and analysis, and that controller has a lawful basis under data protection law for it; (b) your instructions and your use of the results comply with applicable law and with your obligations to your own clients; (c) you will not target children or seek out special categories of personal data; and (d) the controller will handle requests and objections from people whose public data is tracked, with our assistance under Annex A; where you act as that controller's processor, you will pass those requests and objections on to it.

7.3. You are responsible for your use of the platforms whose content you track, including any account you hold with them.

7.4. You will not use the Service or Tracked Content to: (a) profile individuals, or make decisions about them, based on special categories of personal data; (b) make decisions with legal or similarly significant effects on a named individual, such as decisions on employment, credit or insurance; (c) monitor, harass or de-anonymise any individual; or (d) give Tracked Content to anyone you reasonably believe would misuse it.

7.5. If the law, a platform, a rights holder or a valid data subject request requires the removal of Tracked Content, we may remove it from the Service, and you will remove it from your own copies.

8. Connected providers

8.1. The Service works with provider accounts that you open and hold in your own name, for data collection and AI analysis. Your use of each provider is governed by its terms, which you are responsible for complying with. We are not a party to them.

8.2. Fees, usage limits and account decisions on your Connected Provider accounts, including charges for usage the Service generates for your Workspace, are between you and the provider. The accounts, and any funds in them, are yours.

8.3. You are responsible for keeping your provider credentials valid and your accounts funded. We store the credentials encrypted and use them only to operate the Service for you.

8.4. We do not control Connected Providers or the platforms whose content is tracked, and we do not guarantee their availability, accuracy or continuity. We are not liable for any cost, loss, interruption or account action on those accounts, whether caused by the provider or by the Service's use of the account.

9. AI features

9.1. Parts of the Service use artificial intelligence to generate Outputs. AI-generated Outputs may be inaccurate, incomplete or out of date, the same input can produce different Outputs, and they are provided "as is".

9.2. Outputs and metrics are information. They are not advice, a forecast or a promise of any result. You alone evaluate them and decide what to do with them, including anything you do with them through an AI assistant or any other tool you connect.

9.3. AI-generated content may not be protected by intellectual property rights, and we do not promise that it is.

10.1. Anyone who has a Report Share Link can open the report without signing in. You decide who receives a link, and you are responsible for what recipients do with it and with the report.

10.2. You can revoke a Report Share Link at any time from the Workspace; while your access is suspended or limited to exporting your data, ask us at contact@huntit.ai and we will revoke it. Links stop working when your Workspace closes. You will not publish links openly, for example on a public website.

10.3. A report shows tracked posts as still images. If a reader plays a post, the platform's own player loads, and the platform may then set its own cookies and collect data under its own policies.

11. Acceptable use

You will not use the Service: (a) in breach of the law or of anyone's rights; (b) to send malware or attack the Service or anyone else; (c) to interfere with other customers' use of the Service; or (d) in breach of Section 5, 7.1 or 7.4.

12. Term, fees and payment

12.1. The Contract states the term, the fees and when they are due, whether in advance or in installments.

12.2. If an invoice is unpaid on its due date, we may suspend your access to the Service from that day, without further notice. During a suspension we may continue or stop tracking; content published while tracking is stopped may not be collected later. We restore access after we receive all amounts then due, unless the Contract has ended. Suspension does not change what you owe.

12.3. Invoices are payable by the due date stated on them, by bank transfer or by another method the Contract names. We invoice in the currency the Contract states. If you are established in Romania, you pay in lei, converted at the exchange rate published by the National Bank of Romania on the date the Contract names. You will pay each invoice in full, without set-off or deduction, and without suspending payment because you dispute the Service. Any dispute is resolved under Section 22.

12.4. Where the Contract provides for installments and an installment is unpaid on its due date, we may declare the remaining fees for the term due immediately.

12.5. Late amounts bear late-payment interest at the statutory rate for business transactions, or at the rate the Contract states.

12.6. Fees exclude VAT and other taxes, which are added where the law requires. If you must withhold tax from a payment, you will pay the extra amount needed for us to receive the full fees.

12.7. Fees are non-refundable, except where Section 14.4, Section 18.2, Section 21.4 or Annex A (A6) provides otherwise or the law requires a refund. Where these Terms provide a pro-rata refund, we refund the fees paid for the period after termination, and fees for that period that are not yet due are no longer owed.

12.8. The Contract does not renew automatically. It renews only by a signed addendum or a new Contract.

13. Leaving Huntit

13.1. You can leave Huntit at the end of your term — no notice period, no exit fees. Section 13.7 sets out how you can leave earlier. Tracking stops when the Contract ends.

13.2. For 30 days after the Contract ends, for any reason, you can still sign in and export your data (Settings → Export data). If we terminated the Contract for your breach, we may limit your access during that period to exporting your data.

13.3. After that period, we delete your Workspace and its data. Backup copies are removed on their normal schedules.

13.4. Report Share Links stop working when your Workspace closes.

13.5. Your Connected Provider accounts, and any funds in them, stay yours.

13.6. If you return later, you start with a new Workspace. Earlier data is not restored.

13.7. Switching under the EU Data Act. Where Regulation (EU) 2023/2854 applies to you, you may, by written notice, ask to switch to another provider or to your own infrastructure, or to end the Contract and have your data deleted. Your notice takes effect two months after we receive it, or on an earlier date you name. For up to 30 days from then, we keep the Service running, help you export your data and tell you of any known risk to continuity. The Contract ends when the switch is complete or, if you asked only for deletion, when your notice takes effect. Section 13.2 then gives you 30 days to retrieve your data, after which Section 13.3 applies. You can export your clients, brands and creators, profiles, posts with their latest metrics and media links, Intelligence Briefs, comment analyses, custom analyses and reports, as CSV files and one JSON file per report, through Settings → Export data. Our software, prompts, scoring logic and other trade secrets, and third-party media files, are excluded. We charge no switching fees. If the Contract ends under this Section before the end of its term, the fees for the rest of the term are due as an early termination fee, and fees already paid are not refunded. The parties agree that this fee is proportionate, because the fees are priced on a commitment for the full term.

14. Suspension and termination

14.1. We may suspend all or part of the Service: (a) under Section 12.2; (b) if we reasonably believe your use breaches the Contract or the law, or creates a security, legal or platform risk for us or others; or (c) if the law or an authority requires it. In cases (b) and (c) we will give notice where practicable.

14.2. Either party may terminate the Contract with immediate effect by written notice if the other party materially breaches it and, where the breach can be remedied, does not remedy it within 30 days of written notice. We may also terminate the Contract with immediate effect by written notice, without a formal notice of default, any other formality or a court decision, if an amount remains unpaid 15 days after its due date or if you breach Section 5.2, 5.3 or 5.5.

14.3. If we terminate under Section 14.2, the fees for the rest of the term become due immediately and nothing is refunded. Section 13 applies.

14.4. If you terminate under Section 14.2 because of our breach, we refund you pro rata under Section 12.7.

14.5. Provisions that by their nature should survive the end of the Contract survive it, including Sections 5, 6, 7.4, 7.5, 12, 13 and 15 to 22.

15. Confidentiality

Each party will keep the other's confidential information confidential, use it only to perform the Contract, and disclose it only to its personnel, advisers and service providers who need it for that purpose and are bound by confidentiality, or where the law requires. Confidential information is non-public information that a party discloses to the other in connection with the Contract and that a reasonable person would understand to be confidential. Our confidential information includes the non-public parts of the Service, such as its scoring logic, prompts and documentation. Information is not confidential if it is or becomes public without a breach of the Contract, or if the receiving party already held it lawfully or develops it independently. This lasts for three years after the Contract ends, and for trade secrets while they remain secret.

16. Data protection

16.1. When we process personal data on your behalf, Annex A applies. You act as controller (or as your client's processor), and we act as your processor (or sub-processor).

16.2. For personal data we process for our own purposes, such as Member accounts, billing and support, we are the controller and our Privacy Policy (huntit.ai/privacy) applies.

16.3. Our sub-processors are listed at huntit.ai/subprocessors. Your Connected Providers are not our sub-processors. Where our infrastructure is located, and how we protect data against unlawful access by non-EU authorities, is described at huntit.ai/subprocessors.

17. Warranties and disclaimers

17.1. WE WILL PROVIDE THE SERVICE WITH REASONABLE SKILL AND CARE. EXCEPT AS EXPRESSLY STATED IN THE CONTRACT, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE", AND ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, ARE EXCLUDED TO THE EXTENT THE LAW ALLOWS.

17.2. Tracked Content, metrics, scores and badges come from public sources, and metrics are estimates. We do not warrant that they are accurate, complete or current. They may be wrong, delayed or removed at the source, and what the Service can collect depends on the platforms and on your Connected Providers. While a platform or data source cannot be reached, content may be collected late, readings due during that time cannot be taken afterwards, and some content published during that time may not be collected at all.

17.3. The Service is a data and information service. We do not warrant that the Service or any Output will produce any result, including any increase in reach, engagement, sales, revenue or profit. We are not liable for any decision made, or action taken or not taken, in reliance on the Service or its Outputs.

18. Indemnities

18.1. You will defend and indemnify us, our affiliates and our personnel against third-party claims and regulatory actions, and the resulting losses and costs, including reasonable legal fees, arising from: (a) your breach of the Contract or the law; (b) your tracking choices and your use of Tracked Content, Outputs and Report Share Links, including claims by tracked persons, platforms or your clients; or (c) your Connected Provider accounts. This does not apply to the extent a claim is caused by our breach of the Contract.

18.2. We will defend you against third-party claims that the Service's software, as we provide it, infringes their intellectual property rights, and pay the damages finally awarded, provided you notify us promptly and let us control the defence. We may instead modify the affected part of the Service or, if that is not reasonably possible, terminate the Contract and refund you pro rata under Section 12.7. This Section excludes Customer Content, Tracked Content, Outputs, Connected Providers and platform data, and states our entire liability for intellectual property claims.

19. Liability

19.1. TO THE EXTENT THE LAW ALLOWS, NEITHER PARTY IS LIABLE, WHETHER THE LOSS IS DIRECT OR INDIRECT, FOR: (A) LOSS OF PROFIT, REVENUE, CLIENTS, BUSINESS OPPORTUNITY OR GOODWILL; (B) LOSS OF DATA, BEYOND RESTORING IT FROM THE LATEST AVAILABLE BACKUP; OR (C) ANY INDIRECT OR CONSEQUENTIAL LOSS, EVEN IF FORESEEABLE.

19.2. OUR TOTAL LIABILITY UNDER OR IN CONNECTION WITH THE CONTRACT, INCLUDING ANNEX A, IS LIMITED TO AN AMOUNT EQUAL TO SIX MONTHS OF THE FEES PAYABLE FOR THE SERVICE UNDER THE CONTRACT OR, IF THE TERM IS SHORTER THAN SIX MONTHS, THE FEES PAYABLE FOR THE TERM. MULTIPLE CLAIMS DO NOT ENLARGE THIS LIMIT. THIS SECTION 19.2 LIMITS OUR LIABILITY ONLY.

19.3. SECTIONS 8.4, 17.3, 19.1 AND 19.2 DO NOT LIMIT: (A) LIABILITY FOR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE; (B) LIABILITY FOR DEATH OR PERSONAL INJURY; (C) YOUR OBLIGATION TO PAY FEES, INCLUDING FEES THAT FALL DUE OR ARE RETAINED UNDER SECTION 12.4, 13.7 OR 14.3; (D) YOUR LIABILITY FOR BREACH OF SECTION 5, 7.4 OR 11, INCLUDING UNDER SECTION 5.4; (E) YOUR LIABILITY FOR BREACH OF SECTION 15 IN RESPECT OF OUR CONFIDENTIAL INFORMATION; (F) YOUR INDEMNITY IN SECTION 18.1; OR (G) ANY LIABILITY THAT CANNOT BE LIMITED BY LAW.

19.4. THE FEES REFLECT THIS ALLOCATION OF RISK.

20. Publicity

We may name you as a customer and show your name and logo on our website and in our marketing materials. You can withdraw this permission at any time by writing to contact@huntit.ai, and we will stop the use within a reasonable time.

21. Changes to these Terms

21.1. We may update these Terms from time to time. The current version is published at huntit.ai/terms.

21.2. A change applies to an existing Contract only from its next renewal, unless Section 21.3 applies or you accept the change in writing. Until then, the version that governs your Contract continues to apply.

21.3. A change applies to an existing Contract 30 days after we notify it, or earlier where the law or an authority requires, if it: (a) is needed to comply with the law, a decision of a court or authority, or the terms of a platform or provider the Service depends on; (b) is needed to protect the security or integrity of the Service; or (c) does not reduce your rights or increase your obligations, such as a clarification or terms for a new feature. Our notice describes the change and the reason for it. If, before a change under (c) takes effect, you tell us in writing that it reduces your rights, it applies to your Contract only from its next renewal.

21.4. If a change under Section 21.3(a) or (b) materially reduces your rights, you may terminate the Contract by written notice before the change takes effect, and we refund you pro rata under Section 12.7.

21.5. A change never alters the fees, the term or the payment schedule of an existing Contract, and does not apply to a dispute notified before it takes effect.

22. General

22.1. Governing law and courts. Unless the Contract states otherwise, the Contract is governed by Romanian law, excluding its conflict-of-law rules and the UN Convention on Contracts for the International Sale of Goods, and the competent courts in Cluj-Napoca, Romania have exclusive jurisdiction. We may also bring proceedings in the courts of the country where you are established, where that country is an EU Member State or a party to the Lugano Convention. This does not limit Section 5.6.

22.2. Disputes. Before starting court proceedings, other than for unpaid fees or urgent relief, a party will notify the other in writing and allow 30 days to resolve the dispute in good faith.

22.3. Notices. Legal notices to us go to contact@huntit.ai. Notices to you go to the email address in the Contract or to your account owner. An email notice is received on the business day after it is sent.

22.4. Assignment. You may not assign the Contract without our written consent. We may assign it to an affiliate or to a successor of our business, with notice to you.

22.5. Events outside either party's control. Neither party is liable for delay or failure caused by events beyond its reasonable control, including outages or changes at platforms, providers or networks, attacks and acts of authorities. This does not apply to payment obligations.

22.6. Illegal content and contact points. Anyone can report content in the Service that they believe is illegal by writing to contact@huntit.ai, with the exact location of the content (such as its URL), why it is illegal, their name and email address, and a statement that the report is made in good faith and is accurate. We confirm receipt, decide without undue delay and tell the sender our decision and how to challenge it. If we remove content or restrict your use of the Service on the ground that content is illegal or breaches these Terms, we tell you why. The same address is our single point of contact for users and for authorities under Regulation (EU) 2022/2065; you can write to us in English or Romanian.

22.7. Language. These Terms are written in English. Where the Contract includes a translation, the Contract states which version prevails.

22.8. Entire agreement. The Contract, including these Terms, is the entire agreement between the parties on its subject. If a provision is unenforceable, the rest remains in force. Not enforcing a provision is not a waiver.

23. Demo access

23.1. We may invite a person to try the Service through an account on one of our own demonstration workspaces ("demo access"). Demo access is by invitation only and is personal to the person invited. We decide how many people from one organisation receive it.

23.2. Demo access lasts for the period stated in your invitation and includes the analysis allowance stated there. We may extend or end it at any time.

23.3. Demo access is free and provided "as is", without any warranty. To the extent the law allows, we have no liability arising from it.

23.4. You may use demo access only to evaluate the Service for your organisation's business. You may not export, systematically copy or resell anything it shows. Sections 1.3, 1.4, 5.2 to 5.6, 6.4, 7.4, 11, 15, 19 and 22 also apply to you. For demo access, the amount under Section 5.4 is EUR 100,000.

23.5. The data shown is a demonstration we built from public social media content.

23.6. We delete demo accounts within 30 days after the demo ends. Our Privacy Policy explains how we handle your personal data.

23.7. By signing in with demo access, you accept this Section 23 and the sections it names, for yourself and for the organisation for which you evaluate the Service, and you confirm that you are authorised to do so. In this Section, "you" means both you and that organisation.


Annex A: Data processing addendum

This Annex applies when we process personal data on your behalf in providing the Service ("Customer Personal Data"). In this Annex, "GDPR" means Regulation (EU) 2016/679, and terms defined in it have the same meaning. This Annex forms part of the Contract and needs no separate signature.

A1. Roles. You are the controller of Customer Personal Data and we are your processor. Where you act as a processor for your own client, we act as your sub-processor, and you are responsible for passing on your client's instructions. Processing we carry out for our own purposes is covered by our Privacy Policy, not by this Annex.

A2. Details of the processing.

A3. Instructions. The Contract, your configuration of the Service and your use of its features are your documented instructions. We process Customer Personal Data only on those instructions, unless the law requires otherwise, in which case we will inform you unless the law prohibits it. We will immediately tell you if we believe an instruction infringes data protection law.

A4. Personnel. Everyone we authorise to process Customer Personal Data is bound by confidentiality.

A5. Security. We implement appropriate technical and organisational measures under Article 32 GDPR, including separation of each customer's Workspace data, encryption in transit, role-based access controls and database backups. We may update these measures provided the overall level of protection is not reduced. A description of our security measures is available on request.

A6. Sub-processors.

A7. Assistance. Taking into account the nature of the processing, we assist you with data subject requests and with your obligations under Articles 32 to 36 GDPR, through the Service's self-serve tools and reasonable further assistance on request. We may charge reasonable costs for assistance beyond what the Service provides.

A8. Personal data breaches. We will notify you without undue delay after becoming aware of a personal data breach affecting Customer Personal Data, with the information reasonably available to us.

A9. Deletion. You can export and delete your data while the Contract is in force, except while your access is suspended. When the Contract ends, Section 13 of the Terms applies. We may keep Customer Personal Data where the law requires it, and only for that purpose.

A10. Special categories. The Service does not require special categories of personal data, and you will not instruct tracking aimed at them or at children. Section 7.4 of the Terms applies to any such data that public content contains.

A11. Audits. We make available the information reasonably necessary to demonstrate compliance with Article 28 GDPR, through documentation first. Where the law requires more, you may audit us once in any 12-month period, on at least 30 days' notice, at your cost, through an auditor bound by confidentiality, without access to other customers' data or to information that would compromise our security.

A12. Location and transfers. Workspace data is hosted in the region agreed for your account: the EU by default, or the United States where agreed, in which case part of the processing remains in the EU. Sign-in accounts are hosted in the EU. Where a sub-processor processes Customer Personal Data outside the EEA, we take reasonable steps to ensure an appropriate safeguard under Chapter V GDPR, such as an adequacy decision or the Standard Contractual Clauses.

A13. Liability. Liability under this Annex is subject to Section 19 of the Terms. Our liability under the Terms and this Annex shares the one aggregate cap in Section 19.2.