**Terms of Use for Voctiv Inc.**

**1. Introduction** These Terms of Use (“Terms”) govern your use of the Voctiv Inc. services, including any applications, services, websites, and other related services (collectively the “Service”). By accessing or using the Service, you agree to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws.

**2. Consent to Contact** When you register with Voctiv Inc. and furnish your contact details, you explicitly agree to accept communications from us through various methods, which may include but are not limited to SMS, in-app notifications, emails, phone calls, and video calls. These communications will be pertinent to your utilization of the Service, including but not limited to, information on the calls managed by the Service, updates about your subscription and payment statuses, and any other relevant service updates or announcements. You maintain the right to withdraw your consent for specific communication channels. If you decide to opt-out of receiving SMS notifications, you can do so using the designated opt-out feature accessible on the application's main interface.

**3. Sharing of Contact Information and Personal Data** In pursuit of enhancing the personalized experience and effectiveness of our virtual assistant services, you have the option to share your phone’s address book and other personal data with Voctiv Inc. This may encompass but is not limited to first names, last names, and additional contact information of individuals whose details are stored in your device. By electing to share this information, you confirm that you have acquired explicit consents from all individuals whose details are being shared and that you grant Voctiv Inc. the authorization to employ this data strictly for service-related purposes in accordance with our Privacy Policy.

**4. User Account** In order to access the Service, you must create an account by downloading the Voctiv app and registering with your phone number. We will send a One-Time Password (OTP) to verify your phone number. You are responsible for safeguarding the access to your phone and thus the access to your account. The security and privacy of your data within the account is contingent upon your control over the registered phone number.

**5. Intellectual Property Rights** All rights, title, and interest in and to the Service, including all intellectual property rights, are and will remain the exclusive property of Voctiv Inc. and its licensors. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments, or suggestions without any obligation to you.

**6. User-Generated Content** You may input your personal contact details, business name, and other information necessary for the Service to generate personalized communication flows. The Service must not be used for any illegal activities. All user-generated content must comply with these Terms and all applicable laws and regulations.

**7. Privacy Policy** Our Privacy Policy explains how we handle and protect your personal data and privacy when you use our Service. By agreeing to these Terms and using our Service, you also agree to our Privacy Policy.

**8. Payment Terms** The Service offers a free trial period, which duration varies based on the selected plan. Subscription plans may have weekly, monthly, or annual billing cycles. Payments and subscriptions are managed through the Google Play Store or Apple App Store, and any requests for refunds will be governed by the terms of the respective platform.

**9. Termination of Use** We may terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. On termination, your right to use the Service will cease immediately.

**11. Limitation of Liability** To the maximum extent permitted by applicable law, Voctiv Inc. shall not be liable for any indirect, incidental, special, consequential or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) any conduct or content of any third party on the Service, including without limitation, any defamatory, offensive or illegal conduct of other users or third parties; (c) any content obtained from the Service; or (d) unauthorized access, use or alteration of your transmissions or content. In no event shall Voctiv's aggregate liability for all claims relating to the service exceed the total amount of fees received by Voctiv from you for the use of paid services during the past six months.

**12. Amendments and Modifications** We reserve the right to amend these Terms at any time. It is your responsibility to check the Service periodically for changes. Your continued use of or access to the Service following the posting of any changes to these Terms constitutes acceptance of those changes. Notifications about modifications will be communicated through the app.

**13. Indemnification** You agree to indemnify and hold Voctiv Inc., its officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees) arising out of or in connection with: (i) your use of the Service; (ii) your breach or violation of any of these Terms; (iii) Voctiv's use of your User-Generated Content; or (iv) your violation of the rights of any third party.

**14. Miscellaneous** This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by Voctiv Inc. without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.

**16. Dispute Resolution** You agree to first try to resolve any disputes or claims informally with us. If we are unable to resolve the dispute informally, we each agree to resolve any claim, dispute, or controversy (excluding any Voctiv Inc. claims for injunctive or other equitable relief) arising out of or in connection with or relating to these Terms by binding arbitration by the American Arbitration Association ("AAA") under the Commercial Arbitration Rules and Supplementary Procedures for Consumer Related Disputes then in effect for the AAA, except as provided herein.

**17. Governing Law** These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

**18. Contact Information** For any questions or inquiries regarding these Terms or the Service, users may contact Voctiv at: - **Email**: support@voctiv.com - **Address**: 111 North Market Street, Suite 300, San Jose, CA 95113 We recommend electronic communication for a faster response and resolution.

**19. Changes to Terms** Voctiv reserves the right, at its sole discretion, to modify or replace these Terms at any time. It is the user’s responsibility to regularly review these Terms and stay informed of any changes. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

**20. Acceptance of Terms** By using our service, you confirm that you have read, understood, and agree to be bound by these Terms.

**21. Entire Agreement** These Terms constitute the entire agreement between Voctiv and you regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.