Addendum to Salary Master Services Agreement
Product Specific Terms
1. Applicability and Relationship to the MSA
1.1 Applicability. Salary offers a variety of products and services, some of which require additional terms specific to the relevant product or service. This Product Specific Terms Addendum (“Product Specific Terms”) constitutes the Product Terms referenced in Section 2.7 of the Master Services Agreement (“MSA”) between Salary and Customer and sets forth additional terms that apply to Customer’s use of specified products and services under the MSA. In the event of a conflict between these Product Specific Terms and any other provision of the MSA, these Product Specific Terms will control in accordance with the order of precedence set forth in the MSA. Each Section of these Product Specific Terms applies only to the products and services described in that Section and does not modify any other Section unless expressly stated. If Customer does not purchase, enable, or use any of the products listed below, these Product Specific Terms do not apply. These Product Specific Terms are incorporated by reference into the MSA. Except as expressly provided in these Product Specific Terms, nothing in these Product Specific Terms limits, modifies, or replaces the parties’ rights or obligations under the MSA. Any defined terms not specifically defined in the Product Specific Terms retain the meaning that they have in the MSA.
2. Definitions
The following capitalized terms have the meanings set forth below.
“Preview Services” means products, services, software, features, functionality, modules, integrations, application programming interfaces (APIs), artificial intelligence (“AI”) capabilities, or other specific free offerings that Salary may make available to Customer before their general commercial release for Customer’s evaluation and feedback. Preview Services may be identified by Salary as preview, beta, pilot, early access, limited availability, experimental, or similar terminology, and are separate from any purchased products set forth on an Order Form.
“Survey Products” means Salary’s compensation and HR survey-based products and services, including any survey, survey report, data cut, peer group analysis, or related deliverable.
“Participant” means a Customer that buys access to a Survey Product at Salary’s discounted participant rates.
“Participation Data” means the data a Participant submits to Salary for a Survey Product.
3. Surveys
3.1 Survey Products require Participants to submit annual participation files within sixty (60) days of the effective date of the applicable Order Form or renewal. Participation requires the submission of a file, acceptable to Salary, containing all of Participant’s employees, jobs, pay, and locations. Failure to provide an acceptable submission of Participation Data within sixty (60) days will result in the Participant being charged an upgrade fee equal to the difference between Salary’s then-current list prices for non-participants and Participants.
3.2 Participants grant Salary a perpetual, irrevocable, royalty-free license to use the Participation Data to create Anonymous Data (as defined in the MSA) and to reproduce, modify, distribute, create derivative works of and otherwise use the Participation Data in anonymized form for Salary’s internal and external business purposes. Participation Data is Customer Data submitted in connection with participation in a Salary survey for purposes of Section 4.4(d) of the MSA. Participants represent and warrant that they are authorized to provide Participation Data, that such data is true and accurate, and that uploading such data does not violate any law or regulation. Participants agree to indemnify, defend, and hold Salary harmless from any claim, suit, or action based upon or arising out of an allegation to the contrary.
3.3 Participants agree that Salary may use their company name and logo in connection with Salary’s survey participant lists and to build aggregated peer group data cuts.
4. AI Credits
Some Salary products include access to artificial intelligence functionality, including generative AI and agentic features, and real-time labor market insights, which collectively operate on a shared, credit-based usage model. Upon activation, Customer shall be granted a number of credits (“Credits”) per Subscription Year, as set forth on the applicable Order Form. Such Credits may be used across any and all subscriptions set forth on the applicable Order Form. A Credit is consumed when an eligible AI action, search, prompt, click, or system-generated result is executed. Credits shall reset at the start of each Subscription Year and do not roll over. Customer is not entitled to a refund for any unused Credits. Should Customer reach its maximum permitted Credits within a Subscription Year, Customer will have the option to purchase additional Credits at Salary’s then-current list price. Additional unused Credits shall not be refunded at the end of the Subscription Term. Salary may modify the method by which Credit consumption is measured, reported, or displayed, provided that any such modification does not materially reduce the Credits purchased by Customer for the then-current Subscription Year.
5. Preview Services
Preview Services are governed by the terms of the Salary Preview Services Agreement, located at www.salary.com/legal/previewservices.
6. Consulting Services
This clause will apply to any professional consulting services provided by Salary. Such services include, but are not limited to: implementation consulting services, training consulting services, and/or other consulting services (the “Consulting Services”). Unless otherwise specified on an applicable Order Form, all Consulting Services will be delivered remotely and in English. Fees for any Consulting Services are specified in the applicable Order Form.
6.1 For Consulting Services performed on-site, Customer agrees to reimburse Salary for all reasonable expenses incurred in connection with the Consulting Services including, but not limited to, travel, room, and board expenses. Any invoices or other requests for reimbursements will be due and payable in accordance with the payment terms specified on the applicable Order Form; if no payment terms are specified on the Order Form, all fees are due upon receipt of an invoice.
6.2 Unless otherwise specified in the applicable Order Form, the parties agree that all materials, content, data or information developed, produced, or otherwise created in the course of delivery of the Consulting Services shall be Salary’s sole and exclusive property and, except for the limited right to use such materials, content, data, and information in conjunction with the Consulting Services, Customer gains no rights in or to such materials, content, data, or information.
6.3 Unless otherwise specified in the applicable Order Form, all Consulting Services will expire ninety (90) days after purchase (the “Expiration Period”). Salary may extend the Expiration Period at its sole discretion. In order to realize the value of the Consulting Services, Customer’s participation and effort are necessary and Customer acknowledges that its lack of participation shall not entitle Customer to an extension of the Expiration Period or a refund of any sort. All Consulting Services are non-cancellable and non-refundable.
7. SalaryTalent
Reserved
Updates to These Product Specific Terms
Salary may modify these Product Specific Terms from time to time to reflect changes to product features, applicable law, security practices, technology, or operational requirements. If a modification materially reduces Customer’s rights or materially increases Customer’s obligations with respect to any products or services during the then-current Term, Salary will provide Customer with reasonable prior notice. Unless otherwise required by applicable law or expressly agreed in writing, updated Product Specific Terms will become effective upon the effective date specified in the notice. Customer’s continued use of applicable products or services after the effective date of the updated Product Specific Terms constitutes acceptance of the updated Product Specific Terms.