“Account” means your registered account with us, through which you obtain access to and use of ourServices, and includes all information and data which you input into your account, including withoutlimitation, the designation of authorized users, passwords, and financial and billing information.

“Affiliate” means: (i) any person or entity that directly, or indirectly through one or more intermediaries,controls, or is controlled by, or is under common control with, the Company; and (ii) each officer,director, shareholder, agent, employee, supplier, or reseller of the Company. As used in this definition,“control” (including, with correlative meanings, “controlled by” and “under common control with”) shallmean possession, directly or indirectly, of powerto direct or cause the direction of management orpolicies.

“Agreement” means these Terms and Conditions, as amended from time to time by the Company, andall documents, rules and policies referenced herein.

“Company” means CallConfident Inc. which is also sometimes referred to as, “I”, “we”, “us” or “our”.

“Services” means any of the services offered or provided, from time to time, by the Company throughthis Website, including by way of example only, voice broadcasts, ringless voicemail CallConfidents(“RVM”), Short Message Service (“SMS”/”Text Messaging”), Automatic Telephone Dialing System(“ATDS”), Automatic Dialing-Announcing Device (“ADAD”), and live transfers.

“Transmission” means (i) the act or process of sending or transmitting audio, visual, text, or other formsof content and materials by means of electronic communication by means of our Services, or (ii) suchcontent and material itself, as the context requires.

“You” and “your” means a user, client, subscriber, customer, end user, or reseller,who IS granted accessand use of the Service by the Company, and if you are utilizing the Services on behalf of a corporation orother entity, shall include such corporation or organization, jointly and severally with you personally.

LEGAL CAPACITY. You represent and warrant that: (a) you have the legal right, capacity and authority toagree to these Terms and Conditions as an individual or on behalf of a corporation or other entity; and(b) you have attained the age of majority in the jurisdiction in which you reside and that you are in anyevent at least 18 years of age.

USE OF YOUR ACCOUNT. You will immediately update your Account to reflect any changes to yourcontact information. You are solely responsible for your Account, its content, maintenance,confidentiality and security, including all passwords related to your Account and for any and all activitieson your Account, with or without your permission. You will immediately notify us of any unauthorizeduse, unlawful use, violation of these Terms andConditions, and/or breach of security on your Accountand, if we request, you will assist us with stopping and remedying any such breaches or violations.

USE OF SERVICES. You will only use the Services for lawful purposes. You will not authorize or otherwisepermit any of the following to occur through your Account or otherwise:

any criminal or illegal activity;

the spoofing or impersonation of another person, corporation, organization or entity and/or themisrepresentation of the true originator of any message, call, or Transmission;

engaging in spamming and/or nuisance activities that violate anti-spamming laws and regulations;the international promotion of goods and services;

the promotion and/or Transmission of any message or content related to an illegal or improper financialscheme, such as Ponzi or pyramid scheme, or gambling;

the Transmission of any form of communication that is defamatory, hateful, discriminatory, unlawful, oran infringement of any person’s or group’s rights, or the Transmission ofany incident, obscene,offensive, violent, threatening, pornographic, or sexually explicit content, images or materials;

offering the sale or distribution of illegal and/or controlled substances, drugs, alcohol, animals or animalproducts, and/or other contraband materials;

offering any emergency services or other public safety service through 911 or any other system;

sending any messages to recipients who will incur charges;

the transmitting or sending of any malware, viruses, bots, spyware, Trojan Horses, worms, or any otherform of harmful, disruptive or surreptitious program or code;

any activity that adversely effects the operation, stability or reliability, of our Services or any activity thatmay subject us to third party liability or a third-party claim;

transmitting and/or misappropriating any content or intellectual property for which you do not have theright or authorization to use, including but not limited to trademark and copyright infringement,including any of our intellectual property;

any activity that attempts to copy, reverse engineer or duplicate our website and/or Services or tobypass, circumvent, breach, disable, or impair any security feature of our Services;

any use of our Services which in any manner interferes with or infringes upon any copyright, patent,trademark, know-how or other intellectual right or intellectual property of any other person or entity; or

using our Services for any purpose not specifically authorized by us.

Audit Rights and Remedies. We reserve the right to audit your Account, your policies, practices, andprocedures in using our Services, and your use of our Services at any time and from time to time.Without prior notice and without limiting any of our other rights and remedies, we may suspend, freeze,seize, restrict, and/or terminate your Account at any time, in our sole discretion, if we determine orbelieve that you have violated any of these Terms and Conditions and/or any Federal, State, local orinternational law, code, regulation, or rule. You shall fully cooperate with our personnel conducting suchaudits and provide all access requested by us to all records, systems, equipment, information, andpersonnel, including machine identification numbers, serial numbers, and related information. Anyfailure on our part to act in the event of a violation of any law, regulation, code, or rule shall not beconstrued as a waiver of any right to enforce these Terms and Conditions.

Disclosure Rights. We may disclose all information and data pertaining to your Account or your use ofthe Services to the extent such disclosure relates to our complying with any applicable law, regulation,subpoena, or court order.

Scrub and Other Obligations. At all times during the course of this Agreement, you shall implement allnecessary policies and procedures to comply with the Telephone Consumer Protection Act (TCPA) safeharbor set forth at 47 C.F.R. § 64.1200(c)(2)(i) and the safe harbor for reassigned numbers promulgatedby the Federal Communications Commission that was adopted on December 12, 2018 in that certainSecond Report and Order release on December 13, 2018, as either may be amended from time-to-time.You will timely scrub any numbers uploaded to our Services against all applicable federal and state do-not-call listsin furtherance of your full compliance at all times with all federal and state do-not-call lawsand regulations. You are solely responsible and liable for any violations of federal and state do-not-calllaws and regulations. Where required by applicable law or regulation, you will obtain the prior writtenconsent from each recipient to contact such recipient.

Missed Call & SMS Terms. As an option for the Services, we may provide to you and you may elect toutilize a service option through which a missed call can be triggered for recipients’ phones andanaccompanying voice message (peer-to-peer or otherwise) and/or SMS message may be transmitted tothe recipients (the “Missed Call Service”). To facilitate the Missed Call Service, we will provide Youaccess to our digital identifiers to transmit the triggered missed call and accompanying message.Utilization of the Missed Call Service generally results in a higher number of callbacks from recipients. Assuch, in utilizing the Missed Call Service, in addition to the obligations in this Agreement, You agreetoindemnify, hold harmless, and defend us and our officers, directors, employees, agents, Affiliates,successors, and permitted assigns against any and all losses, damages, liabilities, deficiencies, claims,actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind,including attorneys’ fees, that are incurred by us (collectively, “Losses”), arising out of or related to anythird-party claim alleging any failure by you to comply with any applicable federal, state or local laws,regulations, or codes relating to Your use of the Missed Call Service.

ACH Payments (if applicable). In order to use the payment functionality of CallConfident’s application,you must open a “Dwolla Account” provided by Dwolla, Inc. andyou must accept the Dwolla Terms ofService and Privacy Policy. Any funds held in or transferred through your Dwolla Account are held ortransferred by Dwolla’s financial institution partners. You must be at least 18 years old to create aDwolla Account.You authorize CallConfident Inc. to collect and share with Dwolla your personalinformation including full name, date of birth, social security number, physical address, email addressand financial information, and you are responsible for the accuracy andcompleteness of that data. Youunderstand that you will access and manage your Dwolla Account through CallConfident’s application,and Dwolla account notifications will be sent by CallConfident Inc., not Dwolla. CallConfident Inc. willprovide customer support for your Dwolla Account activity, and can be reached atwww.CallConfident.co or info@CallConfident.co.