Privacy and Policies

Trademark

Guidelines

Brand Asset Trademark Guidelines

The name Caall belongs to Caall LLC. (“Caall”) and our logos, service marks, and trade names (collectively, the “Marks”) are trademarks or registered trademarks of, and are proprietary to, Caall or other respective owners that have granted Caall the right and license to use such Marks. These Marks are important intellectual property assets of Caall.

These guidelines have been created to ensure a uniform and proper use of our Trademarks by all of our licensees, partners, and other authorized users. Without express written agreement from Caall, there is no license, right, title, or interest granted in any Caall Marks or other intellectual property.

When you have express written agreement from Caall, these guidelines provide an overall reference with respect to the proper and permissible use of our Marks. The purpose is to assist you with referring to our Marks and to ensure the correct use of our Marks (including logos, names, and names of products and services). Caall is the sole and exclusive owner of our Marks and we reserve all right, title and interest in our Marks and other intellectual property. Caall reserves the right to revoke or limit your usage of any Caall Trademark at any time and for any reason. You must observe these guidelines and maintain a clear distinction between your products and services and Caall, Inc.’s products and services, as well as between your trademarks and our Marks. Please do not display these graphics in a way that implies a relationship, affiliation, or endorsement by Caall of your products, services, or business. Also, please do not alter, distort, or modify any Caall Marks or intellectual property (including those shown as graphics, images, or video content) in any way, or combine them with any other graphics, without prior written consent from Caall. These guidelines are subject to revision at any time by Caall.

Terms Trademarked:

Caall’s Marks are always changing. Some of our Marks include, but are not limited to: Simply Caall©.

General Guidelines

Use our Marks only with the express written permission of Caall. You may not use our Marks unless you have an agreement with Caall, Inc. or you otherwise receive our permission to use the Trademarks. Upon receiving our permission, your use must be limited to these Guidelines, and the limited permission you have received to use specific Trademarks. If you have any questions about these Guidelines or our Trademarks, please contact us at support@Caall.com.

Do not combine our name with yours. Do not combine our name or Marks with your name, marks, or names of products and services.

No confusingly similar uses. You must not attempt to obtain ownership rights in our Trademarks, or any confusingly similar approximations, whether by trademark registration, domain name registration (including second-level domain names), or otherwise.

Do not use a confusingly similar design or copy verbiage. Do not copy the look and feel of Caall’s Marks or our Website and do not copy any verbiage incorporated into our Website.

Do not use our Marks for promotional activities. Do not use our Marks (including logos, trade dress, color or design motif) or other elements of our product packaging and website in any of your advertising, product packaging, promotional and other materials, or merchandise.

Do not alter our Marks. You may not change, alter or modify the appearance of our Trademarks by abbreviating them, incorporating them into acronyms, changing their spelling, using them in parts, changing their looks, making color variations, or using improper capitalization.

Display our trademark symbol. Please display our Marks (including logos) with the appropriate ™ or ® symbol either with the first usage of the Mark or throughout whatever material you are incorporating Caall’s Marks into.

Use as an adjective. If you do refer to a Caall Mark, please always use the Mark as a proper adjective and never as a noun or a verb. Whenever possible, use our of a Mark should be followed by a common descriptive name (noun) – for example, “Caall® VOIP services”.

Emergency 911 Policy

REQUESTING EMERGENCY SERVICES. Caall TERMS OF SERVICE

Welcome to Caall Broadband Phone Service.

THESE TERMS AND CONDITIONS STATE IMPORTANT REQUIREMENTS REGARDING YOUR USE OF CAALL BROADBAND PHONE SERVICE. YOU SHOULD READ THESE TERMS AND CONDITIONS CAREFULLY AS THEY CONTAIN IMPORTANT INFO REGARDING YOUR RIGHTS AND OURS. PLEASE NOTE: CAALL DOES NOT PROVIDE TRADITIONAL 911 SERVICES. YOU MUST MAINTAIN AN ALTERNATE MEANS OF REQUESTING EMERGENCY SERVICES

1. 911 Service & Limitations

1. PLEASE READ THIS INFORMATION REGARDING 911 VERY CAREFULLY.

• 1. 911 BACKGROUND: IN THE UNITED STATES, EMERGENCY SERVICE IS PROVIDED BY DIALING THE DIGITS “911.” WITH BASIC 911 SERVICE, WHEN YOU DIAL 911, LOCAL EMERGENCY OPERATORS ANSWERING THE CALL WILL NOT HAVE YOUR CALL BACK NUMBER OR YOUR EXACT LOCATION, SO YOU MUST BE PREPARED TO GIVE THEM THIS INFORMATION. UNTIL YOU GIVE THE OPERATOR YOUR PHONE NUMBER, HE/SHE MAY NOT BE ABLE TO CALL YOU BACK OR DISPATCH HELP IF THE CALL IS NOT COMPLETED OR IS NOT FORWARDED, IS DROPPED OR DISCONNECTED, OR IF YOU ARE UNABLE TO SPEAK. WITH ENHANCED 911 (E911) SERVICE, WHEN YOU DIAL 911, YOUR TELEPHONE NUMBER AND REGISTERED ADDRESS IS SIMULTANEOUSLY SENT TO THE LOCAL EMERGENCY CENTER ASSIGNED TO YOUR LOCATION, AND EMERGENCY OPERATORS HAVE ACCESS TO THE INFORMATION THEY NEED TO SEND HELP AND CALL YOU BACK IF NECESSARY. CERTAIN CUSTOMERS DO NOT HAVE ACCESS TO EITHER BASIC 911 OR E911 BECAUSE THERE ARE NO LOCAL EMERGENCY CENTERS IN THEIR AREA OR THEY DID NOT REGISTER FOR AN E911 SERVICE ADDRESS. IF YOU DO NOT HAVE ACCESS TO BASIC 911 OR E911, YOUR 911 CALL WILL BE SENT TO THE NATIONAL EMERGENCY CALL CENTER. A TRAINED AGENT AT THE EMERGENCY CALL CENTER WILL ASK FOR THE NAME, TELEPHONE NUMBER AND LOCATION OF THE CUSTOMER CALLING 911, AND THEN CONTACT THE LOCAL EMERGENCY CENTER FOR SUCH CUSTOMER IN ORDER TO SEND HELP. EXAMPLES OF SITUATIONS WHERE 911 CALLS WILL BE SENT TO THE NATIONAL EMERGENCY CALL CENTER INCLUDE WHEN THERE IS A PROBLEM VALIDATING A CUSTOMER’S ADDRESS DURING 911 ADDRESS REGISTRATION, OR THE CUSTOMER IS LOCATED IN AN AREA THAT IS NOT COVERED BY THE LANDLINE 911 NETWORK. EMERGENCY PERSONNEL DO NOT RECEIVE YOUR PHONE NUMBER OR PHYSICAL LOCATION WHEN YOUR 911 CALL IS ROUTED TO A NATIONAL EMERGENCY CALL CENTER. THEREFORE, YOU MUST BE PREPARED TO GIVE THE OPERATOR YOUR PHONE NUMBER AND LOCATION AND ANY OTHER INFORMATION THAT THE OPERATOR MIGHT REQUEST. BY SIGNING UP FOR CAALL’S VOIP SERVICE YOU AUTHORIZE THE NATIONAL EMERGENCY CALL CENTER TO DISCLOSE YOUR NAME AND ADDRESS TO THE THIRD PARTY OR PARTIES INVOLVED WITH PROVIDING EMERGENCY SERVICES TO YOU, INCLUDING, WITHOUT LIMITATION, CALL ROUTERS, CALL CENTERS AND LOCAL EMERGENCY CENTERS.

2. CAALL’S BASIC 911 OR E911 SERVICE IS DIFFERENT THAN TRADITIONAL 911 LAND LINE SERVICE. CONSEQUENTLY, YOU MUST BE AWARE OF THE FOLLOWING:

YOU MUST REGISTER YOUR LOCATION: FOR EACH PHONE LINE THAT YOU UTILIZE WITH CAALL’S VOIP SERVICE, YOU WILL BE REQUIRED TO REGISTER THE PHYSICAL LOCATION (“REGISTERED LOCATION”) OF YOUR EQUIPMENT (E.G., SIP PHONE, PHONE ADAPTER, ETC.) WITH CAALL, EITHER ON CAALL’S WEBSITE OR BY CALLING CUSTOMER SERVICE. YOU MUST REMEMBER TO UPDATE THE REGISTERED LOCATION WHENEVER THE PHYSICAL LOCATION CHANGES. CAALL’S ONLY MECHANISM FOR ROUTING 911 CALLS TO THE CORRECT EMERGENCY CALL TAKER IS THE REGISTERED LOCATION FOR THE ACCOUNT. ANY ENHANCED LOCATION INFORMATION PASSED TO AN EMERGENCY OPERATOR BY CAALL WILL BE BASED UPON THE REGISTERED LOCATION PROVIDED TO CAALL BY YOU. FOR PURPOSES OF 911 DIALING, YOU MAY ONLY REGISTER ONE REGISTERED LOCATION AT A TIME FOR EACH PHONE LINE. You acknowledge and understand that your failure to provide the current and correct physical address and location of your Equipment as the Service Address will result in any emergency calls you make being routed to the incorrect local emergency service provider. During the ordering process, you will provide Caall the physical address where you will use your Service. When you dial 911 with Caall, your call will be routed to the general telephone number for the Public Safety Answering Point (PSAP) or local emergency service personnel designated for the Service Address you have registered with Caall. You acknowledge and understand that you may not be routed to a dispatcher who is specifically trained and designated to receive incoming emergency response calls, and it is possible that the lines at the PSAP will be occupied and that you will get a busy signal.

1. YOUR E911 SERVICE WITH CAALL WILL NOT BE AVAILABLE UNDER THE FOLLOWING CIRCUMSTANCES:

(1) RELOCATION OF YOUR VOIP EQUIPMENT: IF YOU RELOCATE THE EQUIPMENT THAT YOU USE TO ACCESS CAALL’S VOIP SERVICE, YOU MUST UPDATE YOUR REGISTERED LOCATION. IF YOU DO NOT UPDATE YOUR REGISTERED LOCATION, ANY 911 CALL YOU MAKE USING CAALL’S VOIP SERVICE WILL BE ROUTED BASED ON YOUR PREVIOUSLY PROVIDED REGISTERED LOCATION AND THEREFORE MAY NOT BE ROUTED TO THE APPROPRIATE PUBLIC SAFETY ANSWERING POINT FOR YOUR CURRENT LOCATION. ONCE YOU NOTIFY CAALL OF A CHANGE IN YOUR REGISTERED LOCATION, THERE MAY BE A DELAY IN MAKING THE NEW REGISTERED LOCATION AVAILABLE TO PROPERLY ROUTE 911 CALLS AND TO ADVISE EMERGENCY PERSONNEL OF YOUR REGISTERED LOCATION.

(2) RE-REGISTRATION REQUIRED IF YOU CHANGE YOUR NUMBER OR ADD OR PORT NEW NUMBERS: YOUR CAALL VOIP 911 SERVICE WILL NOT FUNCTION IF YOU CHANGE YOUR PHONE NUMBER OR IF YOU ADD OR PORT NEW PHONE NUMBERS TO YOUR ACCOUNT, UNLESS AND UNTIL YOU SUCCESSFULLY REGISTER YOUR LOCATION OF USE FOR EACH CHANGED, NEWLY ADDED OR NEWLY PORTED PHONE NUMBER AND RECEIVE CONFIRMATION FROM CAALL.

(3) INTERNET CONNECTION FAILURE: IF THERE IS AN INTERRUPTION OF YOUR BROADBAND OR HIGH-SPEED INTERNET ACCESS SERVICE, YOU WILL NOT HAVE ACCESS TO CAALL’S VOIP SERVICE DURING THAT INTERRUPTION AND THEREFORE WILL NOT HAVE ACCESS TO 911 SERVICE DURING THAT INTERRUPTION. IN ADDITION, SINCE THE SERVICE IS DEPENDENT ON THE BROADBAND CONNECTION, THE AVAILABILITY OF AN ADEQUATE POWER SUPPLY AND CORRECT EQUIPMENT CONFIGURATION, CAALL DOES NOT GUARANTEE THAT THE SERVICE WILL BE CONTINUOUS OR ERROR-FREE. CAALL WILL NOT OFFER CREDITS FOR SERVICE FAILURES DUE TO POWER OUTAGES OR DISRUPTIONS IN YOUR BROADBAND CONNECTION.

(4) EQUIPMENT FAILURE AND MISCONFIGURATION Caall’S VOIP SERVICE WILL NOT FUNCTION IF THE EQUIPMENT ON YOUR PREMISES OR ANY EQUIPMENT INCLUDING SOFTWARE, NETWORK ETC. IN OUR LOCATIONS (OFFICES, DATA CENTERS) FAILS FOR ANY REASON INCLUDING BUT NOT LIMITED TO HARDWARE OR SOFTWARE FAILURES OR MISCONFIGURATION EITHER BY CAALL, THE CUSTOMER AND/OR ANY OF OUR VENDORS. CAALL DOES NOT AND CANNOT GUARANTEE THAT THE SERVICE WILL BE CONTINUOUS OR ERROR-FREE. YOU ACKNOWLEDGE AND UNDERSTAND THAT A FAILURE OF EQUIPMENT CAN OCCUR AND IT IS YOUR SOLE RESPONSIBILITY TO RETAIN ALTERNATIVE MEANS OF COMMUNICATION.

(5) LOSS OF ELECTRICAL POWER: CAALL’S VOIP SERVICE WILL NOT FUNCTION IN THE ABSENCE OF ELECTRICAL POWER AND YOU WILL NOT HAVE PHONE SERVICE OR 911 SERVICE DURING ANY POWER OUTAGE.

(6) NON-VOICE SYSTEMS: CAALL’S VOIP SERVICES ARE NOT SET UP TO FUNCTION WITH OUTDIALING SYSTEMS INCLUDING HOME SECURITY SYSTEMS AND MEDICAL MONITORING EQUIPMENT. BY SIGNING UP FOR CAALL’S VOIP SERVICE YOU WAIVE ALL CLAIMS AGAINST CAALL FOR INTERRUPTION OR DISRUPTION OF SUCH SYSTEMS BY CAALL’S VOIP SERVICE.

(7) CALLS OUTSIDE THE U.S.: IF YOU MOVE YOUR CAALL VOIP SERVICE EQUIPMENT OUTSIDE OF THE UNITED STATES, YOUR 911 SERVICE WILL NOT WORK. CHECK THE EMERGENCY CALLING PROCEDURES FOR THE COUNTRY WHERE YOU ARE LOCATED TO DETERMINE THE CORRECT EMERGENCY CALLING PROCEDURES.

(8) TERMINATION OF SERVICE: 911 SERVICE WILL NOT BE AVAILABLE IF YOUR SERVICE HAS BEEN CANCELLED OR TERMINATED BY YOU OR BY CAALL. You acknowledge and understand that a service outage due to suspension of your account as a result of billing issues or any other reason, including, but not limited to those reasons described elsewhere in this Agreement, will prevent ALL Service, including the limited emergency response service.

(9) NETWORK CONGESTION AND/OR REDUCED SPEED FOR ROUTING EMERGENCY CALLS: You acknowledge and understand that calls made using the limited emergency response service of Caall may be subject to network congestion and/or reduced routing speed and the call may fail.

(10) OTHER LIMITATIONS: THE LOCAL EMERGENCY SERVICE OPERATOR RECEIVING CAALL VOIP SERVICE’S E911 EMERGENCY SERVICE CALLS MAY NOT HAVE A SYSTEM CONFIGURED FOR E911 SERVICES OR BE ABLE TO CAPTURE AND/OR RETAIN AUTOMATIC NUMBER OR LOCATION INFORMATION. THIS MEANS THAT THE OPERATOR MAY NOT KNOW THE PHONE NUMBER OR PHYSICAL LOCATION OF THE PERSON WHO IS MAKING THE CAALL VOIP SERVICE E911 CALL. DUE TO TECHNICAL FACTORS IN NETWORK DESIGN, AND IN THE EVENT OF NETWORK CONGESTION ON THE CAALL NETWORK, THERE IS A POSSIBILITY THAT A CAALL 911 CALL WILL PRODUCE A BUSY SIGNAL OR WILL EXPERIENCE UNEXPECTED ANSWERING WAIT TIMES AND/OR TAKE LONGER TO ANSWER THAN 911 CALLS PLACED VIA TRADITIONAL TELEPHONE NETWORKS. IN ADDITION, A LOCAL OR NATIONAL DISASTER AND SUBSEQUENT SPIKE IN THE NUMBER OF CALLS MAY RESULT IN LONG CONNECTION TIMES, BUSY SIGNALS OR FAILURES TO CONNECT. 2. YOU MUST NOTIFY ALL USERS OF THESE LIMITATIONS: YOU MUST INFORM ALL POTENTIAL USERS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE CAALL’S VOIP SERVICE OF THE IMPORTANT DIFFERENCES IN AND LIMITATIONS OF CAALL’S VOIP 911 DIALING AS COMPARED WITH BASIC 911 OR E911 PROVIDED BY TRADITIONAL LANDLINE TELEPHONE SERVICE. 3. YOU MUST AFFIX THE PROVIDED WARNING LABELS TO YOUR VOIP EQUIPMENT: CAALL WILL PROVIDE YOU WITH WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING (THE “911 STICKER”). YOU MUST PLACE ONE OF THESE 911 STICKERS ON EACH TELEPHONE AND ON ANY OTHER DEVICE WHICH WILL BE USED WITH YOUR CAALL VOIP SERVICE. IF YOU REQUIRE ADDITIONAL 911 STICKERS, PLEASE CONTACT CAALL’S CUSTOMER SERVICE DEPARTMENT. 4. ALTERNATIVE ARRANGEMENTS: BY SIGNING UP FOR CAALL’S VOIP SERVICE YOU UNDERSTAND THAT IF YOU ARE NOT COMFORTABLE WITH THE LIMITATIONS OF CAALL’S 911 SERVICE, THAT YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICE. IN ORDER TO ENSURE THAT YOU HAVE ACCESS TO EMERGENCY SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT IT IS YOUR SOLE RESPONSIBILITY TO PURCHASE, FROM A THIRD-PARTY SEPARATELY FROM CAALL, TRADITIONAL WIRELESS OR LANDLINE TELEPHONE SERVICE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS. IF THE SERVICE IS USED IN A HOME OFFICE ENVIRONMENT, IT IS NOT INTENDED TO BE USED FOR PERSONAL, RESIDENTIAL, NONBUSINESS OR NONPROFESSIONAL COMMERCIAL USE. A HOME OFFICE USER MUST PROVIDE ALTERNATIVE ARRANGEMENTS FOR RESIDENTIAL EMERGENCY CALLS.

2. YOU MUST NOTIFY ALL USERS OF THESE LIMITATIONS: YOU MUST INFORM ALL POTENTIAL USERS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE CAALL’S VOIP SERVICE OF THE IMPORTANT DIFFERENCES IN AND LIMITATIONS OF CAALL’S VOIP 911 DIALING AS COMPARED WITH BASIC 911 OR E911 PROVIDED BY TRADITIONAL LANDLINE TELEPHONE SERVICE.

3. YOU MUST AFFIX THE PROVIDED WARNING LABELS TO YOUR VOIP EQUIPMENT: CAALL WILL PROVIDE YOU WITH WARNING LABELS REGARDING THE LIMITATIONS OR UNAVAILABILITY OF 911 EMERGENCY DIALING (THE “911 STICKER”). YOU MUST PLACE ONE OF THESE 911 STICKERS ON EACH TELEPHONE AND ON ANY OTHER DEVICE WHICH WILL BE USED WITH YOUR CAALL VOIP SERVICE. IF YOU REQUIRE ADDITIONAL 911 STICKERS, PLEASE CONTACT CAALL’S CUSTOMER SERVICE DEPARTMENT.

4. ALTERNATIVE ARRANGEMENTS: BY SIGNING UP FOR CAALL’S VOIP SERVICE YOU UNDERSTAND THAT IF YOU ARE NOT COMFORTABLE WITH THE LIMITATIONS OF CAALL’S 911 SERVICE, THAT YOU SHOULD ALWAYS HAVE AN ALTERNATIVE MEANS OF ACCESSING EMERGENCY SERVICE. IN ORDER TO ENSURE THAT YOU HAVE ACCESS TO EMERGENCY SERVICES, YOU ACKNOWLEDGE AND ACCEPT THAT IT IS YOUR SOLE RESPONSIBILITY TO PURCHASE, FROM A THIRD-PARTY SEPARATELY FROM CAALL, TRADITIONAL WIRELESS OR LANDLINE TELEPHONE SERVICE AS A BACKUP MEANS OF COMPLETING EMERGENCY CALLS. IF THE SERVICE IS USED IN A HOME OFFICE ENVIRONMENT, IT IS NOT INTENDED TO BE USED FOR PERSONAL, RESIDENTIAL, NONBUSINESS OR NONPROFESSIONAL COMMERCIAL USE. A HOME OFFICE USER MUST PROVIDE ALTERNATIVE ARRANGEMENTS FOR RESIDENTIAL EMERGENCY CALLS.

3. YOU HEREBY ACKNOWLEDGE:

(1) CAALL DOES NOT SUPPORT TRADITIONAL 911 AND E911 ACCESS TO EMERGENCY SERVICES. The limited emergency response service accessible by Caall differs in a number of important ways from traditional emergency response services as further explained below. You agree to inform any potential users and other third persons who may be present at the physical location where the Service is utilized (whether home or office) as to the important limitations on emergency response service.

(2) THE EMERGENCY RESPONSE SERVICE WILL NOT RECEIVE AUTOMATED NUMBER AND LOCATION IDENTIFICATION. You acknowledge and understand that when you call 911 using the Service, the local emergency personnel receiving your call will not be able to identify your phone number or the physical address from which you are calling. You will need to state the nature of your emergency promptly and clearly, including your telephone number and location. You acknowledge and understand that the individual answering the call may not be able to call you back or find your location if the call is unable to be completed, is dropped or disconnected, or if you are unable to tell them your phone number and physical location and/or if the Service is not operational for any reason, including without limitation those reasons listed elsewhere in this Agreement.

(3) EMERGENCY CALLS FROM A LOCATION OTHER THAN YOUR SERVICE ADDRESS MAY NOT BE DIRECTED CORRECTLY TO A LOCAL EMERGENCY SERVICE PROVIDER. You acknowledge and understand that if you use your Equipment and the Service to call 911 from a location other than the Service Address that you have registered with Caall (e.g., if you move or use the Service while you are traveling), unless you have completed registration of such location as described in Section 6.e below, your call will not be routed to the correct local emergency service provider. The provider to whom any such 911 calls are routed will be unable to transfer the call to a local emergency service provider in the area from which you are calling.

4. DISCLAIMER OF LIABILITY AND INDEMNIFICATION: YOU ACKNOWLEDGE AND UNDERSTAND THAT CAALL WILL NOT BE LIABLE FOR ANY SERVICE OUTAGE AND/OR INABILITY TO DIAL 911 OR ANY OTHER EMERGENCY TELEPHONE NUMBER USING CAALL OR TO ACCESS AN EMERGENCY SERVICE OPERATOR DUE TO THE 911 DIALING CHARACTERISTICS AND LIMITATIONS SET FORTH ABOVE. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS CAALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS WHO FURNISH SERVICES TO YOU IN CONNECTION WITH CAALL’S VOIP SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY OR USER OF THE SERVICE RELATING TO THE FAILURE OR OUTAGE OF THE SERVICE, INCLUDING THOSE RELATED TO 911 DIALING. IN ADDITION, CAALL DOES NOT HAVE ANY CONTROL OVER WHETHER, OR THE MANNER IN WHICH, CALLS USING CAALL’S 911 SERVICE ARE ANSWERED OR ADDRESSED BY ANY LOCAL EMERGENCY RESPONSE CENTER. CAALL DISCLAIMS ALL RESPONSIBILITY FOR THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTERS AND THE NATIONAL EMERGENCY CALLING CENTER. CAALL RELIES ON THIRD PARTIES TO ASSIST US IN ROUTING 911 SERVICE CALLS TO LOCAL EMERGENCY RESPONSE CENTERS AND TO A NATIONAL EMERGENCY CALLING CENTER. CAALL DISCLAIMS ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT. NEITHER CAALL NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH CAALL’S VOIP SERVICE MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE CAALL 911 SERVICE UNLESS SUCH CLAIMS OR CAUSES OF ACTION AROSE FROM CAALL’S GROSS NEGLIGENCE, RECKLESSNESS OR WILLFUL MISCONDUCT. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS CAALL, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION WITH CAALL’S VOIP SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, INCLUDING 911 SERVICE, INCORRECTLY ROUTED 911 SERVICE CALLS, AND/OR THE INABILITY OF ANY USER OF THE SERVICE TO BE ABLE TO USE 911 SERVICE OR ACCESS EMERGENCY SERVICE PERSONNEL. THESE PROVISIONS SUPPLEMENT AND DO NOT LIMIT THE INDEMNIFICATION AND LIMITATION OF LIABILITY PROVISIONS CONTAINED IN CAALL’S TERMS AND CONDITIONS.

5. BY USING CAALL SERVICES YOU AFFIRM THAT YOU HAVE RECEIVED AND UNDERSTOOD THE ADVISORY ABOVE REGARDING THE LIMITATIONS OF CAALL’S 911 SERVICE AND UNDERSTAND THE DISTINCTIONS BETWEEN SUCH SERVICE AND TRADITIONAL 911 OR E911 CALLS AND FURTHER ACKNOWLEDGE AND ACCEPT THAT CAALL’S VOIP SERVICE MAY NOT SUPPORT OR PROVIDE EMERGENCY SERVICE AT ALL TIMES.

Caall Acceptable Use Policy

1. Definitions:

1. “Service” – shall mean the products and services that are being provided to you as described in any quote or order form, including, but not limited to, Caall’s Unified Communication services, collaboration services, the Messaging Services, and any associated software, hardware or web-based platform. “Service” shall also include any additional Services provided to you as described in any addendum or amendment.
2. “Device” – shall mean a Caall-provided telephone, telephone adapter (“Adapter”), router, or other Caall-provided device used with the Services
3. “Fax, SMS, or MMS Broadcasting” and “Fax, SMS or MMS Blasting” – shall mean sending the same message by fax, SMS, or MMS to six (6) or more recipients at the same time, one after another

2. Unlimited Services. Caall reserves the right to periodically review usage levels of any unlimited service plans, including, but not limited to, minutes, data, messages, and API calls (“Unlimited Plan(s)”), to ensure that you are not using such service in violation of this AUP and if such an abuse or violation is discovered to terminate or adjust the plan as appropriate. You agree to use the Unlimited Plan for services of a quantity or duration comparable to that of the average customer presently utilizing Caall’s services and will not employ methods, devices or procedures to take advantage of unlimited plans by using the services excessively or for means not intended by Caall. Excessive use is defined by Caall as use that substantially exceeds the average volume or duration of calls, data or messages used by all other Caall Unlimited Plan customers using the same service, or attempting to originate or terminate multiple concurrent phone calls, faxes, or messages through any single line of service. The following types of services are specifically prohibited and may not be accessed through Caall’s unlimited voice service plan: conference calling, monitoring services, data transmissions, transmission of broadcasts or transmission of recorded material. Caall may terminate your service or change your service plan if, in its sole discretion, Caall determines that your use of the Unlimited Plan violates this prohibition or is otherwise “unreasonable” or results in abuse of the Unlimited Plan.

1. We consider your use of our Service to be “unreasonable” and therefore subject to immediate termination if you:

1. re-sell, re-brand, re-supply, re-market or commercially exploit our Unlimited Plans, without our written consent, in order to aggregate traffic from more than one customer over an “unlimited” line or trunk;
2. set up routing functionality such that only outbound long-distance traffic is sent over the Unlimited Plan; or
3. engage in any other conduct which is fraudulent, illegal, harassing or results in significant network congestion, or degradation.

2. We consider your use of our Service to be “abusive” and subject to immediate termination or adjustment if you utilize:

1.  Autodialing, predictive-dialing, or robo-dialing.
2. Continuous, repetitive or extensive call forwarding.
3.  Harassing, threatening or abusive calls, faxes or messages.
4.  Unsolicited calls, faxes or messages if such unsolicited activities could reasonably be expected to, or actually do in fact, provoke complaints.
5.  False information for you or any users of the Service.
6.  Continuous or extensive chat line or conference call participation.
7.  Free conference calling or similar services that participate in traffic simulation practices or schemes that result in excessive charges.
8.  Repetitive and/or continuous messaging or calling to the same destination number if such activity could reasonably be expected to, or in fact actually does, provoke complaints.
9.  Long duration calls (defined as calls to the same number in excess of four hours (continuous or cumulative) within a 24 hour period) and/or calls placed to specific numbers/destinations for the purpose of generating charges or fees for or with a third party.
10.  calls that do not consist of uninterrupted live human voice dialog by and between natural human beings.
11.  Continuous call session connectivity.
12.  Fax, SMS or MMS Broadcasting.
13. Fax, SMS or MMS Blasting.
14.  Telemarketing. or
15. Any other activity that would be inconsistent with reasonable personal, residential and business use patterns, causes network congestion or jeopardizes the integrity of Caall’s network.

4. Right of Termination. In addition to Caall’s right to terminate any service for non-payment, Caall reserves the right to terminate the Service immediately and without advance notice if Caall, in its sole discretion, believes that you have violated any of the above restrictions, leaving you responsible for the full charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee and any penalties, all of which immediately become due and payable.

5. Monitoring.We may monitor the use of our Service for violations of this agreement. We may, without liability, remove or block all communications if we suspect a violation of this agreement, or if we think it necessary in order to protect our Service, or Caall, its parent, affiliates, directors, officers, agents, and employees from harm

1.  Providing information to authorities and third parties. If we believe that you have used our Service or your Device for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, MAC address(es), IP address(es), email address(es), registered 911 address, and all other account information, as follows: in response to law enforcement or other governmental agency requests; as required by law, regulation, rule, subpoena, search warrant, or court order; as necessary to identify, contact, or bring legal action against someone who may be misusing the Service, the Device, or both; to protect Caall’s rights and property; or in emergency situations where disclosure of such information is necessary to protect Caall customers or third parties from imminent harm.
2. Use of Service and device by Customers Outside the United States. While Caall encourages use of the Service within the United States to other countries, Caall does not presently offer or support the Service to customers located in any countries other than the United States. Caall’s Services are only for use by persons or entities whose primary residence or business address is in the United States. Caall’s Services are designed to work generally with unencumbered high-speed internet connections. However, if the high-speed internet connection you are using is outside the United States and/or your ISP places restrictions on the usage of VoIP services, Caall does not represent or warrant that use of the Service by you is permitted by any other jurisdictions or by any or all the ISPs. If you remove the device to a country other than the United States or use the Service from there, you do so at its own risk, including the risk that such activity violates local laws in the country where you do so. You will be solely responsible for any violations of local laws and regulations or violations of ISP terms of service resulting from such use. Caall reserves the right to disconnect Services immediately if Caall determines, in its sole and absolute discretion, that you have used the Service or the device in violation of applicable laws, including without limitation laws of jurisdictions outside the United States. You are solely liable for any and all use of the Service and/or device by any person making use of the Service or device provided to you.
3.  No Transfer of Service. You may not resell or transfer your Service or your Device or provide a telephone service to anyone else by using your Caall service or features of your Caall service without first obtaining our prior written consent.
4. No Alterations or Tampering. If you copy or alter or have someone else copy or alter the firmware or software of the Device in any way that facilitates a compromise of your service, you are responsible for any charges that result. You may not attempt to hack or otherwise disrupt our Service or make any use of our Service that is inconsistent with its intended purpose.
5. Theft of Service. You may not use or obtain our Service in any manner that avoids Caall policies and procedures, including an illegal or improper manner. You will notify us immediately in writing if your Device is stolen or if you believe that your Service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide your account number and a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of Service. If you fail to notify us in writing in a timely manner, we may disconnect your service and levy additional charges on you. Until you notify us in writing, you will remain liable for all use of our Service using a Device stolen from you and any and all stolen, fraudulent or unauthorized use of the Service up through the date notice is received by Caall.

Caall SaaS Terms and Conditions

SIGNING UP FOR CAALL’S SAAS SERVICE AND/OR CAALL’S SAAS CONSULTING SERVICES CREATES A CONTRACT BETWEEN YOU AND US, CONSISTING OF THE ORDER, THE APPLICABLE SERVICE DESCRIPTION, ANY APPLICABLE STATEMENT OF WORK AND THIS AGREEMENT. ANY ONE OF THE FOLLOWING ACTIONS CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO BE BOUND BY THESE TERMS AND CONDITIONS: (1) ACCEPTING THE TERMS AND CONDITIONS ELECTRONICALLY DURING THE ORDERING PROCESS AND/OR UPON LOGGING ON TO USE YOUR SERVICE, (2) YOUR SUBMISSION OF AN ORDER, (3) YOUR EXECUTION OF A CAALL SERVICE AGREEMENT OR ANY OTHER AGREEMENT INCORPORATING THESE TERMS AND CONDITIONS, (4) YOUR USE OF THE SERVICE DESCRIBED HEREIN, (5) YOUR REQUEST FOR OR RECEIPT OF CONSULTING SERVICES. THROUGH THESE ACTIONS YOU ARE AGREEING TO BE BOUND BY THE TERMS OF THIS AGREEMENT AND ALL TERMS AND CONDITIONS INCORPORATED BY REFERENCE IN THIS AGREEMENT.

1. INTRODUCTION. These Caall SaaS Terms and Conditions, together with any operating rules, policies, price schedules, service descriptions, statements of work, or other supplemental documents expressly incorporated herein by reference and published from time to time (collectively, the “Agreement”), constitutes the entire agreement between Caall, Inc., an Delaware corporation (hereinafter referred to as “we,” “us” or “Caall”) and the party set forth in the related registration Order Form (hereinafter referred to as “you,” “user” or “Customer”) regarding Caall’s Service (as defined in Section 2.6 of this Agreement) and its provision of Consulting Services (as defined in Section 2.1 of this Agreement) related thereto, and supersedes all prior agreements, discussions and writings between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, the term “Caall” includes our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, attorneys and any other service provider that furnishes services or devices to you in connection with this agreement.

2. DEFINITIONS.

1. “Consulting Services” means the SaaS consulting services provided to you by us, which may include Standard Onboarding, Custom Services, Professional Services, training services, installation, integration or other consulting services that are related to the Service.

2. “Custom Services” means customized professional SaaS consulting services, the scope of which is defined by a separate Statement of Work that outlines the specific tasks that Caall will undertake and the cost that you will pay for those services.

3. “Documentation” means user manuals and other documentation relating to the Services, which are available to Customer by Caall accessible via the Internet or in the form of printed media.

4. “Order” or “Order Form” or “Quote” means the Caall-approved form or online subscription process by which you agree to subscribe to the Service and/or purchase Professional Services or Custom Services. Most Orders are completed through our online quoting process. The Order may be referred to as a “Statement of Work” if you are purchasing Custom Services.

5. “Professional Services” means professional SaaS consulting services, as described in the Service Description, that are related to the Service and that are provided by Caall to you for an additional fee.

6. “Service” means the products and services that are being provided to you as described in any Quote or Order Form and made available online by us, including, but not limited to, the Caall platform, collaboration services, Analytics, Customer Relations Management system, Cospace, and any associated software, hardware or web-based platform, as described in the Documentation. “Service” excludes Content and Third-Party Applications. “Service” shall also include any additional services provided to you as described in any addendum or amendment and some Consulting Services, if applicable.

7. “Service Description” means the description of the Professional Services, as set forth on Caall’s website (https://www.Caall.com/why-Caall/professional-services.html).

8. “Software” means any proprietary software owned by, licensed by, or which Caall has a right to sublicense under this Agreement, which software is either provided to Customer under this Agreement or is used in or used to provide the Service.

9. “Standard Onboarding” means the setup and/or implementation designed for, and included with, the Services you have purchased at no additional cost and described in the Standard Onboarding Form. Standard Onboarding excludes Custom Services and Professional Services.

10. “Standard Onboarding Form” means the Order Form that describes the standard setup and/or implementations included with the Services you have purchased

3. REVISIONS TO TERMS AND PRICING. From time to time, we may revise the terms and conditions of this Agreement (including, without limitation, any of the policies incorporated by reference). Notice of revisions to the Agreement or pricing shall be posted on the Caall Website (“the Website”) and deemed given and effective on the date posted to the Website. Pricing is also subject to change at any time (except during the initial term of a Minimum Commitment Contract such as a Caall Service Agreement), with or without notice. Any pricing adjustment will be reflected in an invoice provided to you at the time of the pricing adjustment for your account. If you do not agree to a revision or pricing change, you must terminate your Service immediately, subject to the Termination provisions provided in this Agreement. By continuing to use the Service after revision(s) and/or pricing changes are in effect, you hereby accept and agree to all such revisions and/or pricing changes.

4. ELIGIBILITY.

1. In order to use the Service, you must:

• Be at least eighteen (18) years old and able to enter into contracts;
• Complete the registration process;
• Agree to the these terms and conditions; and
• Provide true, complete, and up to date contact information

2. By using the Service, you represent and warrant that you meet all the requirements listed above, and that you won’t use the Service in a way that violates any laws or regulations. Caall may refuse service, close accounts of any users, and change eligibility requirements at any time.

5. USE OF SERVICE

1. Business Plans. Service is provided to you as a business user, for your business and home office use. This means that you are not using it for any personal, residential, nonbusiness and nonprofessional purpose. This also means that you are not to resell or transfer the Service to any other person for any purpose or make any charge for the use of the Service, without express written permission from Caall in advance. Caall reserves the right to immediately terminate or modify the Service if Caall determines, in its sole discretion, that you are using the Service for non-business or non-commercial use.

2. Restrictions. You shall not: (a) copy or adapt the Software or the Service for any purpose, except as specifically permitted under this Agreement; (b) use the Software or Service except in accordance with all applicable laws and regulations, and except as set forth in the Documentation; (c) reverse engineer, translate, decompile, or disassemble the Software or Service; (d) use the Software or Service in any outsourcing, application service provider, time-sharing or service bureau arrangement, including, without limitation, any use to provide services or process data for the benefit of, or on behalf of, any third-party other than the Customer; or (e) cause or permit the disabling or circumvention of any security mechanism contained in or associated with the Software or Service.

3. User Responsibility. You agree that you are responsible for all use(s) related to your account. You understand this means that you accept full liability and responsibility for your actions or the actions of anyone who uses the Service via your account with or without your permission. You acknowledge that Caall will be sending you information, including your Password, via e-mail over the Internet. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information you transmit over the Internet. In order to maintain the security of your Service, you should safeguard your User IDs and Passwords.

4. Use of Service by Customers Outside the United States. Caall does not presently offer or support the Service to customers located in countries other than the United States. You agree to indemnify us for any claims, damages or expenses resulting from your use of the Service outside of the United States. Caall reserves the right to disconnect Service or discontinue providing Consulting Services immediately if Caall determines, in its sole and absolute discretion, that you have used the Service in violation of applicable laws, including without limitation the laws of the United States and/or jurisdictions outside the United States. You are solely liable for any and all use of the Service by any person making use of the Service provided to you.

5. Account Ownership. The owner of the account under which the Service is ordered shall be the legal entity (e.g., corporation, partnership, individual) that signs up for the Service with Caall. If no legal entity is provided upon sign-up, the account owner shall be the owner of the credit card used to open such account, if applicable. Subsequent changes to ownership must be supported by appropriate legal documentation. Caall shall not adjudicate ownership-related disputes, or any other internal business dispute. If Caall is unable to determine the valid owner of the account, Caall reserves the right to suspend or terminate the account and Services.

6. Substitution and Discontinuation of Services. Caall may, in its sole discretion, discontinue or substitute any service, feature or functionality without your prior approval. If Caall discontinues a service, feature or functionality, or fails to substitute a service, feature or functionality with an equivalent service, feature or functionality, then upon your written request, Caall will reduce the fees assessed to your account by the amount that you specifically pay for any such discontinued or substituted service, feature or functionality. Notwithstanding the foregoing, Caall may include with or add to your account certain services, features and/or functionalities on a trial, temporary or otherwise limited basis. Caall reserves the right to discontinue any such services, features and/or functionalities without notice and without compensation to you, and/or to charge you a fee as a condition of your continued use of any such services, features and/or functionalities.

6. LENGTH OF SERVICE.

1. Service Term. We provide the Service for the term that you have signed up for. Your term begins on the date you first ordered service (the “Subscription Date”), or the date we successfully process your payment, whichever is later. It is not the first time you use the Service. You are purchasing the Service for the full service term as set forth in the Order, as well as for any renewal terms as set forth in Section 6.2.

2. Automatic Renewal. The Service will automatically renew for subsequent terms of the same length as the initial term, excluding any promotional months, unless you cancel your Service by providing Caall with notice as provided in Section 6.4 of this Agreement at least thirty (30) days before the end of the then-current service term. Each renewal term begins on the day after the last day of the previous term. Any and all fees assessed to your account during the initial term and any renewal terms will be charged to your payment method on file, which may include any payment method automatically updated by your issuing bank. If you are paying by credit card and your credit card is declined, invalid, or payment is not timely made by the issuer of your credit card, without further notice Caall reserves the right to automatically recharge the payment method until payment is received, the payment method is updated, or the Service is discontinued for nonpayment.

3. Our right to suspend. You understand and agree that Caall has the right to suspend or terminate any part of the Service generally at any time if:

• 1. We determine or reasonably believe that you are violating, or violated, any applicable law;
• 2. We determine or reasonably believe that you materially breached this Agreement; 3. We determine or reasonably believe that you materially breached any other agreement between you and Caall;
• 4. We determine or reasonably believe that you used fraudulent means to pay for the Service, including use of a fraudulent credit card;
• 5. We determine or reasonably believe that you abused or harassed (verbally or otherwise) any Caall employee, contractor, agent or representative; 6. We are ordered by law enforcement or other government agencies to suspend, terminate or disconnect your Services;
• 7. You bring any legal action or proceeding against Caall, or participate in any class action lawsuit against Caall;
• 8. A petition in bankruptcy is filed by or against you and such petition is not dismissed within thirty (30) days after the effective filing date thereof, or a trustee or receiver is appointed over you or your material assets;
• 9. We determine that such action is necessary to protect maintain, or improve the Service, to prevent fraud or misrepresentation, to protect Caall, its customers or other third-party Caall affiliates, or for any other good cause;
• 10. You violated these or any other Caall Terms and Conditions (such as the Caall VoIP Terms and Conditions); or
• 11. It is otherwise contemplated by this Agreement. SEE MORE>>>

Caall Contact Center

Terms & Conditions

Customers who subscribe to the Caall Virtual Contact Center product also agree to these terms as passed from Five9, Inc. (as the provider of the product) to Caall to Customer:

1. Services and Use. “Services” means the proprietary hosted virtual call center software and system provided by Five9, Inc. (“Five9”). Customer agrees not to (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make the Services available to any third party in any way; (ii) reverse engineer, modify or make derivative works based upon the Services; (iii) input personally identifiable information or other sensitive or protected information into the virtual contact center database fields other than phone numbers; or (iv) use the Services for any purpose other than to support its call center business.

2. Data Use and Retention. During the normal operation of the Services, Five9 will collect and store on its systems certain information and data provided or collected by the Customer (“Customer Data”). Customer authorizes Five9 to store Customer Data on its secure internal systems and to use and copy Customer Data solely for the purpose of providing the Services to Customer. Additionally, Customer agrees that Five9 may use non-individually identifiable Customer Data in perpetuity to test, analyze and improve the Services. Five9 will not resell or share any Customer Data with a third party without Customer’s express written authorization. Five9 retains the right to periodically purge Customer Data from Five9’s servers to maximize system performance as set forth and can be found at www.five9.com/4433.

3. No Requirement to Offer Emergency Services. Customer understands and acknowledges that Five9 does not and is not required to provide Emergency Service, where “Emergency Service” is defined as services that connect a user to emergency services personnel or a public safety answering point (“PSAP”), pursuant to applicable regulatory requirements. In the United States, Emergency Service is provided by dialing the digits “911” on a wired or a wireless telephone. Services provided by Five9 do not permit the dialing of “911” or any other emergency telephone numbers. Services are not telephone or telecommunications services that can provide a connection to emergency services personnel or a PSAP under any circumstances. Customer recognizes and agrees that Five9 is not required to offer Emergency Service, pursuant to any applicable laws, rules or regulations. Customer further recognizes and agrees that Five9 is not a replacement for Customer’s primary telephone service. CUSTOMER ACKNOWLEDGES AND ACCEPTS THAT FIVE9’S SERVICES DO NOT INCLUDE EMERGENCY SERVICE. CUSTOMER UNDERSTANDS AND AGREES THAT ADDITIONAL ARRANGEMENTS WITH A THIRD PARTY MUST BE MADE BY CUSTOMER TO ACCESS EMERGENCY SERVICE.

4. Specific Disclaimer of Liability for Emergency Service. Five9 does not provide Emergency Service in conjunction with the Services or any other services that may be used by Customer in connection with the Five9’s Services. Neither Five9, its officers, directors, employees, shareholders, affiliates nor agents will be liable for any claim, damage, or loss arising from, or relating to, Customer’s use of the Five9’s Services or any other service provided hereunder to contact a PSAP or Emergency Services personnel. Customer specifically waives, to the maximum extent permitted by applicable law, any and all such claims or causes of action, arising from or relating to the Five9’s Services or any other service provided hereunder to contact a PSAP or other Emergency Services personnel. Customer agrees to defend, indemnify, and hold harmless Five9, its officers, directors, employees, shareholders, affiliates and agents from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, court costs and attorneys’ fees) arising out of the fact that Five9 does not offer Emergency Service.

5. Legal and Regulatory Compliance. Customer agrees to comply with all federal, state and/or local law related to or connected with providing, selling, licensing and delivering information services and telecommunications services and products. Customer assumes all liability and responsibility for its use of the Services in compliance with any federal, state or local laws, rules or regulations pertaining to the use of telephones, email, fax, automated telephonic equipment (e.g. “Predictive Dialer”) and other telephony and telecommunications products and services. Customer’s limitations on its use of the Services may include but are not limited to: advertisements; delivering artificial or prerecorded telephonic messages to homes without the prior consent of the called party; and restrictions on the time of day in which such calls are permissible. A violation of any such laws may result in substantial penalties and other sanctions. Any person intending to use the Services for solicitation purposes and/or for any other purpose regulated by federal, state or local laws should consult with his or her own legal counsel, prior to entering into this Agreement to determine the extent of permissible activities. Customer agrees that Five9 will not be responsible for Customer’s illegal or fraudulent use of the Services, and Customer indemnifies Five9 for any claims, liabilities or expenses (including attorneys’ fees) incurred by Five9 based upon Customer’s illegal or fraudulent use of the Services.

6. Suspension or Termination by Five9. Five9 may suspend or cancel Customer’s access to the Services if Five9 has a good faith belief that Customer (x) is using the Services in a manner that may cause immediate and ongoing harm to Five9 or to a third party, including but not limited to, actions that violate federal, state or local laws, rules or regulations, such as compliance with “Do Not Call Lists”; (y) is compromising the security of the Services and the privacy of Five9’s other customers; or (z) is engaging in other activity not specifically identified herein that could reasonably be construed as causing or potentially causing harm to Five9 or a third party.

7. Consents. Customer is solely responsible for obtaining the consent of or a release from those persons or entities, to whom or to which Customer intends to send communications using the Services. Customer agrees to periodically review the list of recipients to be contacted, to contact only those persons who the Customer is legally permitted to contact from Customer’s customer data, and only in the manner permitted, under federal, state and local law, and to delete those recipients that no longer wish to receive communications from Customer.

8. “Do Not Call” Compliance. If Customer is advised by any party that they do not wish to receive communications from Customer via the Services, then Customer agrees to promptly add those parties to its internal company-specific Do Not Call List in the Services account, and thereafter refrain from calling such parties until such time as Customer’s policies require.

9. Call Recordings. Customer acknowledges and understands that if it subscribes to call recording features that calls will be recorded at all times including when a call is placed on hold or after a call is transferred to another party. Customer agrees that when using the call recording features it will comply with all notice/consent and privacy requirements pursuant to applicable law.

10. Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL FIVE9 BE LIABLE TO CUSTOMER FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, PUNITIVE OR OTHER SIMILAR GENERAL DAMAGES, LOSSES OR COSTS ARISING OUT OF OR RELATING TO THIS AGREEMENT NOR SHALL FIVE9’S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT EXCEED ALL FEES PAID BY CUSTOMER FOR ANY FIVE9 SERVICES IN THE ONE (1) YEAR PERIOD PRIOR TO THE DATE OF THE EVENT THAT GAVE RISE TO THE LIABILITY.or after a call is transferred to another party. Customer agrees that when using the call recording features it will comply with all notice/consent and privacy requirements pursuant to applicable law.

11. Disclaimer of Five9 Warranties. FIVE9 IS PROVIDING THE SERVICES AS HOSTED SERVICES AND THE SERVICES ARE DELIVERED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FIVE9 DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR THAT ALL COMMUNICATIONS WILL BE DELIVERED, NOR DOES FIVE9 MAKE ANY WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SERVICES. FIVE9 MAKES NO WARRANTIES EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN RELATION TO THE SERVICES. Customer understands that the Services may be inaccessible or inoperable due to scheduled periodic maintenance and upgrades pursuant, or for reasons beyond Five9’s reasonable control including but not limited to (i) Customer or Five9 equipment malfunctions; or (ii) service interruptions caused by independent telecommunications providers that provide voice and data connectivity to Five9’s or the Customer’s data centers.

12. Ownership of Materials and Rights. All rights not granted by Five9 herein are expressly reserved. The Services are proprietary to Five9 and are protected by intellectual property laws and international intellectual property treaties. Except for the access to and use the Services granted to Customer in this Agreement, nothing in this Agreement shall convey, transfer or assign any right, title or interest in the Services to Customer.

AI Addendum Terms (“AI Terms”)

These AI Terms set forth additional Required Terms for the use of subscriptions to Five9 AI products and/or AI product features(collectively “AI Products”) via the Five9 virtual contact center software as a service platform. These terms supplement the existingRequired Terms for Five9 products. To the extent that these AI Terms conflict with the Required Terms, these AI Terms control.

1. “AI Customer Data” is any identifiable information or identifiable data collected or provided by Customer to Five9 (or to Reseller for provision to Five9) via the Services including, but not limited to call recordings or call transcripts generated through the AI Products.

2. Customer agrees that Five9 may store, access, utilize, copy and process AI Customer Data for the purposes of: (i) providing theAI Products specified in the ordering document to Customer, (ii) improving, enhancing, supporting and training the AIProducts and performing other development, diagnostic, and corrective activities, (iii) carrying out any benefits, rights and obligations relating to such AI Products or the business of which the AI Products are a part, (iv) maintaining records relating to such AI Products, and (v) complying with any legal or self-regulatory obligations relating to such AI Products. Customer instructs Five9 (including via Reseller) to process its AI Customer Data for such purposes, provided however, Five9 will not share AI Customer Data with other customers utilizing the Five9 platform or any third parties (except as required to comply with law or compulsory processes as set forth in the Agreement or the AI Addendum, or to the AI Service Providers, as described below). Certain aspects of the AI Products may utilize third-party components and service providers (e.g. Google CCAI) to provide theAI Products (collectively, the “AI Service Providers”). Customer, via Reseller, authorizes Five9 to have the AI Service Providers Store, access, utilize, process and copy AI Customer Data for the purposes of providing the AI Products. Notwithstanding Anything to the contrary in the Agreement, Customer agrees that: (i) Five9 may disclose or enable access to Customer’sConfidential Information to such AI Service Providers that are subject to confidentiality obligations; and (ii). the AI Service Providers may disclose or enable access to such Confidential Information to comply with law or to satisfy governmental regulatory requirements (in which case Five9 shall, if legally permitted, notify Customer and/or Reseller of the AI Service Providers intent to make such disclosure within a reasonable period of time after Five9 receipt of notice thereof).

3. The AI Service Providers may host or process the AI Customer Data in different locations than the other Five9 Services, including outside of the United States, and Customer hereby authorizes and consents to such hosting or processing. Customer further agrees that Customer will not use the AI Products to transmit, store, or process health information that is subject to United StatesHIPAA (Health Insurance Portability and Accountability Act of 1996) regulations without prior written consent from Reseller And Five9.

4. As between Five9 and Customer, Customer owns the AI Customer Data. Customer is responsible for, and represents and warrants that Customer has and will continue to: (i) have the authority to provide the AI Customer Data to Five9 and the AIService Providers as set forth in this AI Addendum; and (ii) obtain and maintain any necessary or legally-required notices, policies, consents or releases from individuals or entities whose data or information is included in the AI Customer Data.

5. During the term of the relevant ordering document, Customer may use the AI Product specified in the ordering document for its internal business purposes in accordance with the terms of Customer’s agreement with Reseller, but obtains no ownership of the AI Data or AI Products, including any related documentation or any modifications, improvements, adaptations of derivative works. As between Five9, Reseller, and Customer, Five9 owns the AI Products, including but not limited to (i) any algorithms, training data and machine learning models, and (ii) all performance data or metrics, aggregated information,tooling, transcripts, learnings, or processes developed via the AI Products or their use, including any annotations or output of anyAI Product that is not a call transcript or call recording (collectively, “AI Data”).

6. Any language in the Agreement between Reseller and Customer restricting Five9’s retention, use, and disclosure ofCustomer Data and Customer’s Confidential Information will not apply to AI Data.

7. The technology used to provide the AI Products may include a tracking mechanism that permits the AI Service Providers to identify Customer. Where the AI Service Provider is Google, Customer acknowledges that Reseller and/or Five9 must (i) provideCustomer’s name to Google, and (ii) receive Google’s written consent for Customer to access the AI Products. In the event that such consent is not received, Five9 and/or will notify Customer and the corresponding subscriptions will automatically terminate, without penalty, with respect to the affected AI features only.

8. Use of AI Products provided by Google requires that Customer comply with Google’s acceptable use policy (currently available at https://cloud.google.com/terms/aup) in connection with Customer’s use of the AI Products. Customer will immediately remedy any alleged non-conformance with such acceptable use policy upon receipt of notice of the same fromReseller and/or Five9. Customer acknowledges that failure to comply with such acceptable use policy may result inCustomer’s suspension from the AI Products and/or termination of any orders for the AI Products. Additionally, Customer Consents to Five9 sharing Customer’s personal information with Google for the purpose of enabling Google and its subcontractors to provide product support.

VoIP Cancellation Policy

You may cancel your Caall Service at any time by providing Caall with a notice of your intent to cancel by sending an email to support@Caall.com or calling our Customer Care Department at 1-(438) 308-6998.

1. Money Back Guarantee. If you are unsatisfied with your Caall service for any reason in the first 30 days after your initial sign up, under the condition that you have not used over 500 minutes, you did not receive a free device, and you are not subject to a minimum commitment contract (such as a Caall Service Agreement), you may cancel and be eligible for a refund of equipment, activation and subscription fees. Shipping and handling charges are not refundable. Refunds for devices where an RMA was requested within the 30 day period will be made in full if the devices are in “returnable” condition and the device is returned within 7 days of the RMA date. Returnable condition requires the item to be in new condition, in the original packaging and all parts and documentation received. Return shipping is the customer’s responsibility. Our money back guarantee does not apply to customers who received a free device, minimum commitment contracts, any charges for international usage, payphone calls to Caall toll free numbers, and directory assistance. Our money back guarantee also does not apply to any renewals or add-on lines or services added after your initial order. In addition, we may not be able to refund all of the taxes that you paid. Caall will use commercially reasonable efforts to refund promptly any charges (less any amounts that you owe to us) to your account following the return of your device. If your device is not returned within 14 days from the RMA date, Caall will refund you for all eligible charges except for the device charges. Once the device is returned, the device charges will be refunded less any applicable restock fee. A charge for the retail price of any device will be made to the customer’s account if the device is not returned within 14 days of the RMA date. WE HAVE THE RIGHT TO REVOKE THE MONEY BACK GUARANTEE FOR ALL CUSTOMERS AT ANY TIME WITHOUT PRIOR NOTICE. The 30-Day Money Back Guarantee does not apply if you are found to be in violation of our terms of service or if you have taken advantage of the guarantee in the past.

2. Termination After 30 Days. Upon termination of service after the initial 30 days, the termination will be effective on the last day of the current billing period in which notice of termination is given (not applicable to minimum commitment contracts). At any time, and for any reason, Caall may provide a refund, discount, or other consideration to a Caall customer (“Credit”). The amount and form of a Credit, and the decision to provide them, are at Caall’s sole and absolute discretion. The provision of a Credit is one instance that does not entitle you to a Credit in the future for similar instances, nor does it obligate Caall to provide a Credit in the future, under any circumstances. Equipment is not returnable or refundable after the 30-Day Money Back Guarantee period. Non-usage of service does not constitute cancellation of service nor does it extend the 30-Day Money Back Guarantee period.

3. Minimum Commitments Contracts. In the event you signed up for a minimum commitment contract, in addition to any disconnect fee, you will be responsible for all charges for the entire minimum commitment period and authorize Caall to bill these fees to your payment method (credit card). The 30-Day Money Back Guar- antee does not apply to any executed minimum commitment contract.

4. Porting. You may be able to take, or “port,” your current number to another service provider. Once your port is completed through your new service provider, you must email service@Caall.com to cancel your Caall Service. Until you cancel service with Caall, you will remain a Caall customer, and you will continue to be responsible for all charges and fees associated with your Service. If you cancel your Service prior to completion of the port, your Service will not work and your number may not be available for porting. Your account must be active and in good standing in order to port out your number

Caall LLC. Prospective Employee
Privacy Policy

Introduction

Caall is a communications company offering a variety of services to help businesses grow faster. Caall does business in the United States as Caall LLC. (“Caall”).

This Privacy Policy (the “Policy”) identifies and describes the way Caall (“Caall” or “we”, “us”, or “our”) uses and protects the information we collect about those who are applying for employment (“Prospective Employee(s)”, “you”, or “your”). All Prospective Employees of Caall are subject to this Privacy Policy. This Policy applies to all Prospective Employees. By visiting this website or submitting an application for employment,Prospective Employees agrees to this Policy.

Definitions

As used in this Policy, the terms listed below have the following meanings:

1. Prospective Employee – A “Prospective Employee” is anyone who visits our website, www.Caall.com, submits an application for employment, participates in an interview for employment, or otherwise participates in Caall’s recruiting process.

2. Personal Data – “Personal Data” is information that directly or indirectly identifies or reasonably can be used to identify an individual Customer or User. Examples include name, contact information (personal or business address, telephone number, and e-mail address), government identification number, or other information that you may voluntarily submit to us in your resume.

3. Anonymous Data – “Anonymous Data” means information that does not relate to an identified or identifiable natural person or to personal data rendered anonymous in such a manner that the data subject is not or no longer identifiable.

4. Aggregate Data – “Aggregate Data” means information about groups or categories of Visitors, which information does not identify and cannot reasonably be used to identify an individual Visitor. Aggregate Information is a kind of Anonymous Information.

5. Data Subject – A “Data Subject” is any Prospective Employee.

6. Personal Data Breach – “Personal Data Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, personal data transmitted, stored or otherwise processed.

7. Process – “Process” means any operation or set of operations that is performed on Personal Data, such as collecting, using, storing, sharing, and destroying Personal Data.

What Personal Data does Caall collect?

The information we collect

In most cases, Caall collects your information and Personal Data directly from you. For example, we will ask you for Personal Data when you interact with us, such as when you interact through us through our website via submitting an application for employment, requesting information on our company, signing up to receive a report, or newsletter. For example, Caall collects Prospective Employees’ information (including Personal Data) to help us contact you with regard to your inquiries and applications regarding potential employment.

We use cookies to collect information about your use of our websites and applications. We treat this information as Personal Data when it is associated with your contact information. For more information about cookies, please see the section Cookies below.

● Aggregate and anonymous data We collect some information on an anonymous basis and may anonymize the personal information we collect about you into data groups. When we employ non-Caall companies to anonymize or aggregate data on our behalf, the requirements of this Policy apply. We may share aggregate or anonymous information in various formats with trusted non-Caall entities, with whom we have contracted to aggregate such data and may work with those entities to do research and provide products and services. When Caall jointly provides a service with a nonCaall company, your Personal Information may be subject to both this Policy and the privacy policy of the non-Caall company. We encourage you to review the privacy policies of any non-Caall company with which you do business to determine what information will be collected and how it will be used or disclosed to others.

● Cookies We may use cookies or similar technologies to record or log data. Caall also uses cookies to store information that can be used to serve ads relevant to your interests, and to help our advertisers measure the effectiveness of a particular advertisement. This helps us tailor ads to your interests. These cookies not only help us ensure that you do not repeatedly see the same ads, but (if you opt-out) they can also help us prevent you from seeing targeted ads at all. You may opt out of Caall’s use of data for internet-based advertising. Please keep in mind that even after you opt-out, you may still continue to see ads, but they will no longer be tailored to your interests. Opting-out also does not remove Caall cookies. They will remain on your computer, but we will not use the data connected to your cookie for our services. Please note that if you delete your cookies, you will need to opt-out again to avoid being served targeted ads in the future. Users can control the use of cookies at the individual browser level. If you reject cookies, you may still use our site, but your ability to use some features or areas of our site may be limited. To opt out of the benefits of our targeted ads, click here: Disable Caall Cookie.

● Children’s data Caall, Inc. does not knowingly process the Personal Data of anyone under the age of 18 (a “Child”) without parental consent. If you are a parent or guardian and you are aware that your Child has provided us with Personal Data, please contact us at privacy@Caall.com so that we may take appropriate steps to remove that information from our servers.

● Social Media Caall uses social media accounts (LinkedIn, Facebook, Twitter, Instagram) to engage with the public. Our social media accounts are produced and maintained by Caall’s communications team, sometimes working with service providers. Through our social media engagement we are able to provide customer support, engage with users interested in our products or services, respond to messages through the comment, message, or chat functions, collect aggregated information about interactions with our content on or through social media, analyze trends, and conduct social media listening of conversations about our company and our products and services. When you engage with us through our social media channels, the platform providers will also process information about you. For further information, please consult the privacy policy of the platform provider.

Why we Process and how we use Personal Data

If you apply for a job through the Caall website, we, or a third party processor (such as a human resources company) assisting us, may ask you to provide self-identifying information in conjunction with laws and regulations enforced by local government and regulatory agencies. Providing self-identifying information is voluntary, but if you do provide us with that information, we may submit it to the local government and regulatory agencies for business-related purposes, including responding to information requests, fulfilling regulatory reporting requirements, and defending against employment related complaints. We will seek references and criminal background information only after a conditional offer of employment has been made to you, and we will inform you before doing so.

We strongly believe in both minimizing the Personal Data we collect and limiting its use and purpose to only that: (1) we have your consent; (2) we need it to perform a contractual obligation with you; (3) we are legally obligated to collect/process the info; (4) we need it to protect the your vital interests; (5) we need for the public interest; or (6) legitimate interests (using the Personal Data in a way that you would expect).

Caall also uses Prospective Employees’ information to gather analysis or valuable information so that we can improve our candidate process, to monitor the usage of our Website, to detect, prevent and address technical issues, to investigate and prevent unauthorized access and fraudulent or illegal activities related to the Website or the products and ervices provided by Caall. We may use your Personal Data for a variety of other legitimate business interests, including:

● to provide services;

● to analyze, maintain, and improve our business offerings;

● to enhance your website experience;

● internal recordkeeping, audits, and investigations;

● insurance purposes;

● to protect against and identify fraud and other criminal activity; and

● to exercise or defend against legal claims.

You are under no statutory or contractual obligation to provide Personal Data to Caall. However, if you do not provide certain information, we may not be able to consider you as a prospective employee.

With whom we share Personal Data

Caall employees: Your Personal Data is shared internally among Caall employees, as is appropriate to allow us to serve your business needs and respond to your requests. Caall’s affiliate and subsidiaries are located in the United States, Mexico, Ukraine, Canada and possibly other locations where our customer support team is remotely located. If you apply for a position in a Caall affiliate or subsidiary, your Personal Data will be processed in one of those locations. While different locations have different laws regulating the treatment of personal information, Caall, Inc. has policies and/or contracts in place requiring that any Personal Data shared with Caall employees located outside of the United States be provided the same level of protection as if that Personal Data were processed in the United States.

Others working for us: We may share your information with service providers who help us run our business, including hosting our sites, delivering our emails and marketing communications to you, analyzing the data we collect, helping us with sales attribution (e.g., to see if we showed you an ad on a platform site and then you bought a product from us) and sending you the products and services you requested. We also share your information with lawyers, auditors, consultants, information technology and security firms, and others who provide services to us. We share only the personal information needed for these companies to complete the tasks we request. They are required to protect your information in the same way we do and will not share it or use it for any other purpose than to provide us services.

Other third parties:

● Law Enforcement. We may share your Personal Data with law enforcement, other government entities, or our legal counsel: (1) if we believe there has been a violation of our Terms & Conditions or other user policies; (2) if we believe that someone may be causing injury to our rights or property, other users, or anyone else; (3) to respond to judicial process or to provide information to law enforcement; or (4) as otherwise required by law. To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of a legal process.

● Corporate restructuring. If Caall, Inc. is involved in a merger, acquisition, asset sale, or transition of service to another provider, as well as in the unlikely event of an insolvency, bankruptcy, or receivership, your Personal Data may be transferred outside of the organization, and outside of the United States. Should this occur, we will use reasonable efforts to inform you of the transfer and to ensure the transferee uses your information in a manner consistent with this Privacy Policy.

Caall does not sell or share Personal Data with third parties for marketing purposes.

How we protect your Personal Data

We take the security of your data very seriously. We have established electronic and administrative safeguards, including data encryption and restricted personnel access, designed to secure the Personal Data we collect, to prevent unauthorized access to or disclosure of that information, and to ensure it is used appropriately. We also have internal policies and measures in place to ensure that your data is not lost, accidentally destroyed, misused or disclosed, and is not accessed by anyone other than employees of Caall and the above-discussed third parties in the proper performance of their duties. These policies and measures are regularly reviewed and updated as appropriate.

Although we strive to keep your Personal Data secure, no security measures are absolute, and we cannot guarantee that your Personal Data will never be disclosed in a manner inconsistent with this Policy (for example, as the result of unauthorized acts by third parties that violate the law or this Policy). We will make reasonable attempts to notify you if we determine that Caall has experienced a Personal Data Breach, unless we are not required to do so under Applicable Law.

Automated Processing

We may use automated screening tools to verify that an application meets the minimum requirements for the position,as indicated in the job posting.

Where we store and how long we retain Personal Data

Your Personal Data will be stored in a variety of places, including Caall’s IT systems. Caall will retain your Personal Data only for as long as is necessary for the purposes set out in this Privacy Policy. We will retain and use your Personal Data to the extent necessary to comply with our legal obligations (for example, if we are required to retain your data to comply with applicable laws), resolve disputes, and enforce our legal agreements and policies. Caall, Inc. will also retain Usage Data for internal analysis purposes. Usage Data is generally retained for a shorter period of time, except when this data is used to strengthen the security or to improve the functionality of our Service, or we are legally obligated to retain this data for longer time periods.

Account Set-Up

When selecting usernames and passwords for Caall accounts, you should choose words or characters that are not obvious. Likewise, you should always keep Personal Information such as account numbers, usernames, passwords or similar information in a secure place and not share the information with others.

Your rights

You have certain rights in respect of your information. In particular, you may have a right of access and correction. If you wish to exercise these rights, please submit the requested information at https://www.Caall.com/x/ccpa-form/ or call us at (438) 308-6998.

Important Information for Nevada Residents

Residents of the State of Nevada may opt out of the sale of their Personal Information. Caall does not, however, sell Personal Information of any person, including those under the age of 16.

Changes to the this Privacy Policy

We reserve the right to update this Privacy Policy as necessary to reflect any changes we make and to satisfy legal requirements.

Contact Us

If you have questions about this Privacy Policy or our privacy practices, or to exercise your privacy rights please reach out to privacy@Caall.com.

Personal Information Request Form