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Terms and Conditions

THESE TERMS OF USE (“TERMS”) GOVERN YOUR USE OF ALL WEBSITES, APPLICATIONS, TOOLS AND DIGITAL PRODUCTS AND SERVICES MADE AVAILABLE TO YOU BY CALLSINECALLSINE (“CALLSINE,” “US,” “WE,” OR “OUR”), INCLUDING ANY FUNCTIONALITY, CONTENT, DATA OR SERVICE INCLUDED THEREIN AND MADE AVAILABLE TO YOU BY CALLSINE (COLLECTIVELY, THE “SERVICES”). PLEASE REVIEW THESE TERMS CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICES OR OTHERWISE ACCEPTING THESE TERMS, YOU AGREE THAT THESE TERMS SHALL APPLY AND BECOME BINDING ON YOU AND THE COMPANY THAT EMPLOYS YOU OR THAT YOU REPRESENT (COLLECTIVELY,“YOU”) ON THE FIRST DATE YOU ACCESS OR USE ANY PART OF THE SERVICES OR OTHERWISE ACCEPT THESE TERMS, BY CLICKING A BOX INDICATING ACCEPTANCE OF THIS AGREEMENT OR OTHERWISE USING THE SERVICES. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THE SERVICES.

IF YOU ARE AN INDIVIDUAL ACCEPTING THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY AND ITS AFFILIATES TO THIS AGREEMENT, IN WHICH CASE THE TERM “YOU” SHALL REFER TO SUCH ENTITY AND ITS AFFILIATES. IF YOU DO NOT HAVE SUCH AUTHORITY, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

NOTICE OF NON-BINDING MEDIATION AND WAIVER OF CLASS ACTION: THESE TERMS INCLUDE A MANDATORY NON-BINDING MEDIATION PROVISION AND CLASS ACTION WAIVER, WHICH LIMIT YOUR RIGHTS IN THE EVENT OF A DISPUTE RELATED TO THE SERVICES. PLEASE REFER TO THE “MEDIATION AGREEMENT AND CLASS ACTION WAIVER” SECTION BELOW FOR MORE INFORMATION.

CALLSINE'S COMPETITORS ARE PROHIBITED FROM ACCESSING OR USING THE SERVICES IN ANY WAY, EXCEPT WITH CALLSINE'S PRIOR WRITTEN CONSENT.

1. Changes to the Terms and Services: We may change these Terms from time to time by posting a revised version of the Terms on our website. Changes to the Terms are effective immediately upon posting them on our website. We will indicate the date on which the Terms were last updated at the top of these Terms. Your continued use of the Services after such change constitutes your agreement to the modified Terms. You should review the Services frequently for revisions to the Terms. If you do not agree to the modified Terms, you should discontinue your use of the Services. In addition, CallSine may at any time modify any part of the Services, including any functionality or feature offered through the Services, temporarily or permanently, for any reason, with or without notice to you.

2. Privacy Policy: Our Privacy Policy applies to personal information collected from you through the Services. You may read the current version of the Privacy Policy by clicking https://callsine.com/privacy

3. Minimum Age: You represent that you are at least 18 years of age (or the age of majority in the State in which you reside). The Services are not intended for minors and you may not use the Services if you are under 18 years of age (or the age of majority in the State in which you reside).

4. CallSine Data: CallSine makes available certain data and information to users or the public through the Services, including, but not limited to, information about professional contacts and businesses (collectively, “CallSine Data”). As between you and CallSine, all CallSine Data is the property of CallSine. CallSine retains all right, title and interest in CallSine Data.

You agree to access, use, disclose, retain and otherwise process CallSine Data only for the purpose of supporting business-to-business (“B2B”) development opportunities, including for identifying and researching prospective or existing B2B sales, marketing or recruiting opportunities for your business (collectively, the “Permitted Purposes”) and only as otherwise permitted by these Terms. Unless required by applicable law, you agree not to access, use, disclose, retain or otherwise process CallSine Data for any other purpose. You are strictly forbidden from accessing, using or otherwise processing CallSine Data: (i) for your personal, family or household purposes, or in connection with any non-B2B customers or prospects; (ii) in any unlawful, biased, fraudulent or discriminatory manner or for purposes of tracking, profiling or surveilling individuals; (iii) to send fraudulent or unlawful communications to individuals or entities; or (iv) to sell, rent, license, release, disclose, distribute, disseminate, sublicense, transfer, or otherwise make available, in whole or in part, any CallSine Data to a third party for monetary or other valuable consideration, or otherwise incorporate any portion of CallSine Data into your own or others’ products or services.

You shall take reasonable steps to protect CallSine Data from misuse, theft, unauthorized access, misappropriation or other compromise. You shall immediately notify CallSine in writing at info@callsine.com upon becoming aware of any actual or suspected unauthorized access to or misuse, theft, misappropriation or other compromise of CallSine Data (“Data Incident”). In the event of a Data Incident, you agree to promptly investigate the incident, take all necessary and advisable corrective actions, and cooperate fully with CallSine in all reasonable and lawful efforts to prevent, mitigate or rectify the incident. You will provide CallSine with such assurances as CallSine may request that such Data Incident is not likely to reoccur.

5. Prohibited Uses: You agree to use the Services professionally, ethically and lawfully. You may not use the Services in any manner that: (i) Is defamatory, unlawful, harassing, abusive, threatening, obscene, hateful, sexist, or racially or ethnically offensive; (ii) Constitutes a breach of any person’s privacy or publicity rights; (iii) Violates any statute, regulation, or ordinance; (iv) Promotes software or services that deliver unsolicited mail; or (v) Promotes, encourages, or facilitates terrorism or other activities that risk national security.

You may not upload, post, communicate, or otherwise transmit any information or other materials on or through the Services that: (i) Contain any viruses, Trojan horses, worms, cancel bots, time bombs, spyware, malware or any such similar computer malicious code; (ii) Is knowingly untrue, inaccurate, or misleading; (iii)Violates any U.S. law, or is obscene, obscene as to minors, child pornography, defamatory, racist, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable; or (iv) Damages or interferes with the operations of the Services or with other users of the Services.

You further agree that you will not: (i) Access the Services or obtain information therefrom in an unauthorized manner; (ii) Misuse passwords, CallSine Data, the Services, third-party services, or our systems or network; (iii) Share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual. (iv) Impersonate any person or entity; (v) Falsely state or otherwise misrepresent your affiliation with a person or entity; (vi) Use CallSine Data or content from the Services for any purpose inconsistent with the purpose of the Services, any purpose other than the Permitted Purposes or in violation of these Terms; (vii) Use hidden pages, images, or restricted access pages; (viii) Use the Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spam, or any duplicative or unsolicited messages; (ix) Use any automated procedure to gather information or data from the Services by means of what is commonly called a “bot” or otherwise; (x) Interfere with or disrupt the Services, servers, or networks connected to the Services; (xi) Integrate CallSine Data into any customer relationship management, marketing automation, or sales enablement platform to allow unauthorized users to access or use CallSine Data; (xii) Breach or attempt to breach the security of software, networks, servers, data, computers, or other hardware relating to the Services (or that of any third party that is hosting or interfacing with any part of the Services); (xiii) Create any frames at any other websites pertaining to or using any of the information provided through the Services, or promote bonus items, giveaways, random drawings, contests, or prizes on the Services; (xiv) Duplicate, copy, or otherwise exploit the Services or content therefrom for unauthorized commercial purposes; or (xv) Violate the rights of third parties.

6. Subscription Fees: You agree to pay all applicable subscription fees for your use of the Services, (the “Subscription Fees”). CallSine offers subscriptions for its Services with monthly or annual billing cycles. Payment is due in advance at the start of each billing cycle. Except as expressly provided in these Terms, all sales are final once you elect to purchase a subscription to the Services.

You are responsible for maintaining the accuracy of your billing information on file with CallSine. Your credit or debit card will be charged by CallSine on the first day of each billing cycle. You authorize CallSine to charge the Subscription Fees to the credit or debit card (or other payment method accepted by CallSine on its website) provided by you in connection with your Account, plus any sales, use or similar taxes. You represent that you have the legal right to use any credit or debit card you provide us.

We may place limits on your use of the Services, including on the number of leads generated by you, and the number of emails sent per month as well as addresses or other business contact information you may export, download or view through the Service (collectively, "Service Limits"). We reserve the right to modify the Service Limits applicable to each service plan or introduce new Service Limits at any time in our sole discretion, provided that we may notify you of such changes, which notice may be provided in accordance with new Terms posted within the Service or on the CallSine website.

If CallSine has not received payment by the due date, then without limiting any other right or remedy available to CallSine, CallSine may charge a late fee of 2% of the amount due, report unpaid amounts to business credit bureaus, or engage in collections activities to recover amounts due from you. We shall be entitled to recover attorneys’ fees, court costs and/or all other collections fees relating to your unpaid or late fees or relating to these activities.

7. Submitted Data: In using the Services, CallSine may collect data from you and your device through various sources, such as when you use our websites, Google Chrome Extension or features we offer to integrate our Services with your accounts and data on third-party platforms and services (collectively, “Submitted Data”). If you enable our integration features in the Services, you authorize us to collect Submitted Data from your professional networking and customer relationship management platforms, email accounts, social media accounts and other online accounts that you choose to integrate into our Services. We may use the Submitted Data to provide our Services or in accordance with these Terms or other documentation made available to you. You acknowledge and understand that upon being enabled, these integrations will stay in place and may continue to collect Submitted Data until you remove them.

You shall not make available to CallSine any Submitted Data that you are prohibited from sharing or disclosing to CallSine. You represent and warrant that you or your licensors have the right to share all Submitted Data with CallSine in accordance with these Terms, and that the Submitted Data does not violate or infringe upon our or any third party’s intellectual property rights (including copyrights, trademarks, trade secrets, patents, and publicity rights). You also represent and warrant that the Submitted Data is accurate and complete to the best of your knowledge. You agree that you are solely liable for any losses you or we may incur as a result of the Submitted Data for reasons of infringement or otherwise.

You should not make available any Submitted Data that you wish to remain strictly confidential. You hereby acknowledge that you understand and agree that CallSine will make available any contact-related information contained in your Submitted Data to our users or the public, including without limitation, any name, email address, phone number, professional information or other personal information related to your contacts described in our Privacy Policy. You agree that by using the Services, you are granting CallSine an irrevocable, perpetual, non-exclusive, transferrable, sublicensable and/or assignable royalty free, worldwide license to use, modify, reproduce, adapt, sell, distribute, perform, publish, create derivative works based on, publicly display, and otherwise exploit all or any portion of Submitted Data for any purpose whatsoever, without restriction, compensation to you or attributing the Submitted Data to you.

You are responsible for reviewing Submitted Data for accuracy, completeness and compliance with these Terms. We may remove, disable, or restrict access to or the availability of any Submitted Data from the Services that we believe, in our sole discretion, to violate these Terms (whether or not we are, in fact, correct in our assessment). If you believe that we have acted mistakenly with respect to certain Submitted Data, you may contact us, in which case we may investigate the matter further. We nevertheless shall, at our sole discretion have the right to take any or no further action.

8. Intellectual Property: All content made available to you by CallSine in connection with the Services, including, without limitation to, any and all CallSine Data, software, text, graphics and imaging, trademarks, service marks, copyrights, logos and any and all other intellectual property, whether registered, unregistered, pending, granted or otherwise, including any and all Submitted Data to CallSine (collectively “CallSine Content”) is the sole property of CallSine and its licensors. Subject to payment of applicable Subscription Fees, we grant you a personal, non-sublicensable, non-assignable or transferable, non-exclusive, and revocable license to use the Services solely for the Permitted Purposes in accordance with these Terms. We may revoke this license at any time for any or no reason by terminating your subscription to the Services. You may not sell or publicly display, distribute or disseminate in any way any CallSine Content or otherwise utilize the CallSine Content in any manner not expressly authorized by CallSine and/or permitted within these Terms absent CallSine’s prior written consent.

Without limitation of the foregoing, the Services may contain certain content from third parties which may be subject to its own additional license terms and policies (“Third Party Content”). You should refer to the terms and policies posted on third-party websites prior to using any such Services. CallSine does not endorse, oppose or edit any opinion, claim, or analysis expressed by any third party. You agree that CallSine is not responsible for the substance or accessibility of any Third-Party Content accessible through the Services and understand that you bear all risks associated with your access to or use of such content.

The Services contains our intellectual property and that of other third parties and is protected by U.S. and international copyright law and other intellectual property laws. Unauthorized reproduction or distribution of the Services or CallSine Content, in whole or in part, without our express written consent, may result in civil and criminal penalties, and may be prosecuted to the maximum extent possible under law. The publication or dissemination of any CallSine Content or the Services, without our express, written consent is prohibited and may result in termination of your rights to use or access the Services. Unless otherwise explicitly stated in these Terms, we do not provide you with any right to our intellectual property rights, or those of any third party, whether by estoppel, implication, waiver or otherwise, and all rights are hereby reserved by CallSine.

You agree not to modify, alter, remove, or deface any of the trademarks, service marks or other intellectual property made available by us in connection with the Services. You agree not to use any CallSine Content for any purpose other than the Permitted Purposes in accordance with these Terms. You agree not to defame or disparage us, our trademarks or service marks, or any aspect of the Services. Unless otherwise specifically agreed in writing by CallSine, you agree not to adapt, translate, modify, decompile, disassemble, copy, create derivative works of, or reverse engineer the Services or any software or programs used in connection with the Services.

9. Copyright Infringement Notification & Digital Millennium Copyright Act: We endeavor to comply with the Digital Millennium Copyright Act of 1998. If you believe that the Services contain content that infringes on your copyright, please forward the following information to CallSine LLC, 44 Lafayette Rd., PO Box 263, North Hampton, NH 03862, or by email to info@callsine.com with the following information: (i) Your postal address, telephone number, and email address; (ii) A description of the copyrighted work that you claim has been infringed; (iii) A description of the location of an original or an authorized copy of the copyrighted work, such as a URL; (iv) A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law; (v) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and (vi) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

It is our policy to terminate the access rights of repeat infringers.

10. Compliance: You agree to use the Services, including without limitation CallSine Data, in compliance with these Terms and all applicable laws, rules and regulations, including without limitation, privacy laws, rules and regulations. To the extent required by applicable law, you will maintain a publicly available and easily accessible privacy policy that (i) complies with applicable privacy laws and regulations, and (ii) comprehensively, clearly and accurately describes your collection, use, sharing, protection and other processing of personal information in connection with your use of the Services. You will ensure the content of your privacy policy remains consistent with these Terms and https://callsine.com/privacy.

You are solely responsible for any communications between you and any individual whose contact or business information is made available through the Services. You shall communicate with such individuals in compliance with applicable laws, rules and regulations. Without limitation of the foregoing, to the extent required by applicable law, you shall (i) allow individuals to opt out of receiving marketing emails, text messages or other communications from you, (ii) maintain exclusionary lists relating to individuals who wish not to receive marketing communications from you, and (iii) comply with applicable do-not-call and do-not-email lists.

In the event a law, regulation, enforcement action, investigation, litigation or claim, or any other circumstance, is reasonably likely to adversely affect your ability to comply with these Terms, you agree to promptly notify CallSine and take reasonable and appropriate steps to prevent or remedy any non-compliance, or promptly cease your use of the Service and processing of any portion of CallSine Data. CallSine may, at any time and without prior notice to you or penalty of any kind to CallSine, suspend, restrict, revoke or terminate your access to or use of any or all of the Service if CallSine, in its sole discretion, believes you have violated these Terms or as CallSine otherwise deems appropriate to protect the security or integrity of the Services.

You acknowledge and agree that CallSine shall have the right to monitor your use of the Services and your compliance with these Terms. You shall not interfere or attempt to interfere with such monitoring. Upon request from CallSine, you agree to make available to CallSine all information and materials reasonably necessary to demonstrate compliance with these Terms, and allow for and contribute to audits and inspections conducted by or on behalf of CallSine relating in any way to your compliance. You shall reasonably cooperate with any such request, monitoring or inspection initiated by CallSine. CallSine may ask you to validate or certify your continued compliance with these Terms. Failure to validate or self-certify your compliance upon request from CallSine may result in CallSine immediately terminating your access to the Services, or requiring you to promptly delete any and all CallSine Data in your possession, custody or control, including any such CallSine data in the possession, custody or control of any of your authorized agents, employees, representatives, contractors and/or sub-contractors.

We may request that you delete the personal information of individuals who have requested that their personal information be deleted. Upon request from CallSine, you agree to and shall take all reasonable and appropriate steps to promptly and securely delete the relevant CallSine Data in your possession, custody or control.

11. Third-Party Services, Links, and Features: CallSine may provide third-party services, links, or features through our Services as a convenience to you. We have no control over the content or service made available on these third-party services, websites, or through these features and make no representations about their availability, content, quality, or security. Third-party services, links, and features are not intended to imply sponsorship, affiliation, responsibility, or endorsement. We provide no warranty as to the accuracy, availability, completeness, quality, or legality of any information made available on these third-party sites, services, or from these features. We make no warranties, express or implied, that these third-party sites, services, and features are virus free and will not otherwise harm your device, computer, network, or system. We are not liable for those third parties’ actions or their failure to act. These third parties may have their own privacy policies and terms of use for their websites and services, and you may be bound by them. You agree to be responsible for reviewing those documents. If you decide to access any third-party services, links, or features, you do so at your own risk. CallSine shall not be liable for any damages or losses that you incur or claim to incur as a result of accessing third-party links, services, or features. We do not and will not represent that any AI-generated content is or was wholly generated by a human or an AI.

12. Your Account: It is understood that in order to access certain features and functionality of the Services, you must first establish a CallSine account (an “Account”). You are not permitted to share, sell, distribute or otherwise transfer your Account or allow your login credentials to be used by any other individual or entity. You shall always maintain the security and confidentiality of your login credentials used to access your Account. You shall select and at all times keep confidential a strong and secure password. In the event of any suspected security breach, you shall promptly notify CallSine and alert us to the fact that you suspect your login credentials have been compromised or there has been unauthorized access to and/or use of your Account. You are solely responsible for any activities or actions taken under your Account, including as a result of the unauthorized use of your Account. CallSine is not liable for any loss you incur as a result of your failure to comply with this section.

13. Data Policies and Governance: CallSine may, in its sole discretion, terminate or suspend your access to all or part of the Services, temporarily or permanently, for any reason, with or without notice to you. However, should CallSine at any time terminate your access to all or part of the Services for any reason other than your direct or indirect misconduct, intentional or otherwise, including the breach of any of CallSine’s Terms and Conditions, direct, indirect, intentional or otherwise, and you have prepaid for services, CallSine will provide you with a pro rata refund for any pre-paid amounts. Upon termination of these Terms for any reason, your license to access or use the Services in any way will terminate, you shall immediately cease use, and you shall immediately securely destroy any and all CallSine Content and CallSine Data, whether in electronic form or hard copy. Upon request, and within 5 days of that request, you shall certify such destruction to CallSine’s reasonable satisfaction using the form provided by CallSine. CallSine may audit your compliance with these obligations and CallSine’s intellectual property license upon 5 days’ prior written notice.

Data Retention Policy.You authorize us to retain your personal information for as long as is necessary for CallSine’s successful operations and to fulfill the purposes for which it was collected, including for the purposes of satisfying any legal, regulatory, accounting, or reporting requirements, and/or to resolve disputes. Consistent with these requirements, we will look to delete your personal information within the maximum time limits imposed by applicable state and federal law, if any, and/or upon request. Should at any time this Agreement be terminated and/or upon its expiration, you understand and acknowledge that we will retain Your Data for the maximum period of time permitted by state and federal law. Notwithstanding the foregoing, following any such termination or expiration, we have no obligation to maintain Your Data, and have the right to delete or destroy all copies of Your Data in Our systems or otherwise in Our possession and/or control, unless legally prohibited.

Data archiving and removal policy.We may retain and use your information as may be necessary and/or required to comply with our legal obligations, resolve disputes, or enforce our agreements. Consistent with these requirements, we will try to delete your information quickly upon request. Please note, however, that there might be latency in deleting information from our servers and backed-up versions might exist after deletion. In addition, we do not delete from our server files any information you have in common with other users.

Data storage policy.We retain your personal information until it is requested to be purged from our systems by an authorized member of your organization. We may retain and use your information for the maximum period of time permitted by state and federal law and as may as be necessary for CallSine’s successful operations, to comply with our legal obligations, resolve disputes, and/or to enforce our agreements.

14. Suspension and Termination: CallSine may, in its sole discretion, terminate or suspend your access to all or part of the Services, temporarily or permanently, for any reason, with or without notice to you. However, should CallSine at any time terminate your access to all or part of the Services for any reason other than your direct or indirect misconduct, intentional or otherwise, including the breach of any of CallSine’s Terms and Conditions, direct, indirect, intentional or otherwise, and you have prepaid for services, CallSine will provide you with a pro rata refund for any pre-paid amounts. Upon termination of these Terms for any reason, your license to access or use the Services in any way will terminate, you shall immediately cease use, and you shall immediately securely destroy any and all CallSine Content and CallSine Data, whether in electronic form or hard copy. Upon request, and within 5 days of that request, you shall certify such destruction to CallSine’s reasonable satisfaction using the form provided by CallSine. CallSine may audit your compliance with these obligations and CallSine’s intellectual property license upon 5 days’ prior written notice.

15. Warranty Disclaimer: YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK. THE SERVICES, INCLUDING ALL SERVICES AND CONTENT, ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WE MAKE NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES, INCLUDING ALL CALLSINE DATA, SERVICES, CONTENT, INFORMATION, SOFTWARE, FUNCTIONS, PROCESSES, OR OTHER CONTENT PROVIDED OR REFERENCED HEREIN.

WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DISCLAIM ALL WARRANTIES RELATING TO THE AVAILABILITY, ACCURACY, SECURITY, PRIVACY, CONFIDENTIALITY, APPROPRIATENESS, RELIABILITY, COMPLETENESS, OR TIMELINESS RELATING TO THE SERVICES. WE DISCLAIM ANY WARRANTY THAT THE SERVICES OR SERVICES WILL BE UNINTERRUPTED, NOT DELAYED OR SUSPENDED, UNCHANGED, OR ERROR OR VIRUS FREE, OR THAT WE WILL CORRECT ANY DEFECTS. WE MAKE NO REPRESENTATIONS THAT THE MATERIALS CONTAINED WITHIN THE SERVICES ARE APPROPRIATE FOR LOCATIONS OUTSIDE THE UNITED STATES.

The Terms do not affect those statutory rights that you are entitled to as a consumer and that you cannot contractually agree to alter or waive.

16. Representations and Warranties: You represent, warrant and covenant that: (i) You have the right and authority to enter into these Terms; (ii) if you are using the Service on behalf of your employer or any other company, that you have the authority to enter into these Terms on behalf of such employer or company; (iii) you have all rights and permissions necessary (including, but not limited to, intellectual property right) to lawfully make available the Submitted Data to CallSine for the purposes contemplated by these Terms; (iv) you have the right and authority to provide us with access to any and all of your devices, browsers, email accounts, social media accounts, professional networking or customer relationship management platforms and other online accounts from which you use the Services; (v) all Submitted Data has been and will be obtained by you, and shared with or transferred to CallSine, in compliance with all applicable laws, rules and regulations, including without limitation, ensuring that any required notices have been provided to and necessary consents obtained from individuals or entities; and (vi) you have and will continue to take reasonable steps to ensure that Submitted Data is accurate, complete and up-to-date.

17. Assumption of Risk: You acknowledge and understand that Artificial Intelligence is an emerging and developing technology and as is the case with all such technologies, there does exist a margin of error that can result in the generation and dissemination of inaccurate, incorrect and/or otherwise erroneous information. The margin of error for artificial intelligence can and does vary depending on the specific application, dataset and modeling being used. Additionally, the quality and accuracy of the information provided and the model being used can also significantly impact the margin of error. It is important to note that even with a low margin of error, AI systems are not perfect and therefore can and still do make mistakes and produce unexpected or inaccurate results. Although we take all reasonable steps to ensure the integrity of the information you provide CallSine, you shall bear all responsibility for ensuring the accuracy of any and all information you, your agents and/or duly authorized representatives so provide, create and/or disseminate through your use of our website, our platform and/or any of our technologies. You, your agents and/or duly authorized representatives therefore understand and acknowledge that in no event shall we ever be liable for any loss or damage including without limitation to, indirect or consequential loss or damage, or any loss, damage, and/or innocent infringement, whatsoever arising from data collection, processing and/or dissemination, including but not limited to any inaccurate results, loss of data and/or profits arising out of, or in connection with, the use of our website, our platform and/or any of our technologies, nor shall we bear any liability in any way resulting from your use and/or misuse of your or other information, including any inadvertent generation and dissemination of inaccurate, incorrect and/or otherwise erroneous information.

18: Indemnification: You shall defend, indemnify and hold CallSine harmless from any and all loss, cost and expenses (including without limitations costs and expenses of litigation and reasonable attorney fees) which may be incurred, suffered or sustained by Union as a result of any actions, suit, claims, proceedings or investigation arising out of or related to (a) any act or omission by you in any way related to this agreement; or (b) content alleged to be offensive, obscene, indecent or profane, where such content was provided by You or used by CallSine in a manner directed by you.

19. Limitation of Liability: EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, WE ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE DAMAGES, OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOSS OF GOODWILL, BUSINESS REPUTATION, BUSINESS OPPORTUNITIES OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SERVICES, OR ANY CALLSINE DATA, INFORMATION, OR SERVICES PROVIDED FOR ON OR BY THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF YOU HAVE NOTIFIED US ABOUT SUCH DAMAGES, OR FOR ANY CLAIMS BY ANY THIRD-PARTIES. IN NO EVENT SHALL CALLSINE’S AGGREGATE LIABILITY TO YOU, DIRECT OR OTHERWISE, EXCEED ONE HUNDRED DOLLARS ($100).

CALLSINE IS NOT LIABLE FOR THE ACCURACY, COMPLETENESS, AVAILABILITY OF THE SERVICES, CALLSINE DATA OR SERVICES. THE CONTENT OR MATERIALS APPEARING ON OUR SITE MAY INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS. CALLSINE IS NOT RESPONSIBLE FOR THESE ERRORS.

Some states may not allow certain limitations and exclusions of liability, therefore the above limitations or exclusions may not apply to you. In such states, our liability to you shall be limited to the greatest extent permitted by law.

20. Mediation Agreement and Class Action Waiver

A. Mandatory Mediation. IN THE EVENT ANY DISPUTES SHOULD ARISE OUT OF OR RELATED TO YOUR USE OF THE SERVICES (each, a “Dispute”) YOU AND CALLSINE AGREE, IN THE FIRST INSTANCE, TO RESOLVE SUCH DISPUTES BY WAY OF Non-Binding Mediation pursuant to the laws and procedure of the State of New Hampshire which shall govern the interpretation and enforcement of any Mediation agreement (“Mediation Agreement”). You acknowledge and understand that you and CallSine waive the right to a trial by jury and any right to have a Dispute heard in court in the first instance. Notwithstanding the foregoing, both you and CallSine retain the right to bring an individual action in small claims court (if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis) and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of either party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, whether registered, unregistered, pending or granted.

In Mediation, Disputes are resolved with the assistance of a single and neutral mediator agreed upon by the parties instead of a judge or jury, discovery may be more limited than in court, and the mediator's recommendation may be subject to limited review by courts. The mediator can recommend on an individual basis the payment of similar damages and relief as a court. Judgment on the mediated agreement between parties may be entered in any court having jurisdiction thereof. The Mediation shall be conducted in Rockingham County, State of New Hampshire or any other mutually agreed upon location, provided that if the value of the relief sought is $10,000 or less, you or CallSine may elect to have the Mediation conducted by telephone, video conferencing such as WebEx or Zoom, or based solely on written submissions, with said election being binding on you and CallSine, subject to the mediator’s discretion to require an in-person mediation , if the circumstances warrant. In cases where an in-person mediation is held, you or CallSine may attend by telephone or video conferencing, unless the mediator requires otherwise.

B. Mediation Class Action Waiver. You and CallSine agree that the Mediation will be conducted solely on an individual basis and not on a class, representative, consolidated, or private attorney general basis. A Dispute may not be consolidated with a claim brought or discovery by any person or entity that is not a party to the Mediation proceeding. The mediator may not recommend relief to any person or entity other than a party to the Mediation proceeding and may only recommend such relief as is necessary to provide relief to a party to the Mediation proceeding. If a court deems any portion of this Section B invalid or unenforceable, then Sections A and C of this Mediation Agreement and Class Action Waiver shall be null and void.

C. Fees and Costs in Mediation. The parties agree that they shall share equally in the costs of Mediation. However, in the event the neutral Mediator should find bad faith on the part of either party, that party shall be responsible for the payment of all Mediation costs. Payment of all filing, administration and mediator fees will be governed by the relevant procedure and laws of the State of New Hampshire.

D. Non-Mediation Class Action and Jury Waiver. You and CallSine agree that if for any reason a Dispute proceeds in court rather than Mediation: (1) you and CallSine waive any right to a jury trial; (2) the Dispute will proceed solely on an individual, non-class, non-representative basis; and (3) neither you nor CallSine may be a class representative or class member or otherwise participate in any class, representative, consolidated, or private attorney general proceeding.

E. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY MEDIATION IF YOU OPT OUT OF THIS MEDIATION AGREEMENT WITHIN 30 DAYS FROM THE EARLIER OF: (1) THE DATE YOU ACCEPT THESE TERMS, OR (2) THE DATE YOU FIRST AGREED OR ASSENTED TO AN AGREEMENT WITH CALLSINE THAT CONTAINED AN MEDIATION PROVISION. The opt-out notice must be postmarked no later than the applicable deadline and mailed to: CallSine LLC, 44 Lafayette Rd., PO Box 263, North Hampton, NH 03862. The opt-out notice must state that you do not agree to this Mediation Agreement and must include your name, address, phone number and email address. This procedure is the only way you can opt out of this Mediation Agreement, and failure to comply strictly with this procedure and the applicable deadline automatically will render the opt-out notice null and void. If you opt out of the Mediation provision, all other parts of this Mediation Agreement will continue to apply.

21. Notice: All notices in connection with these Terms will be given by regular mail (postage prepaid, return receipt requested), courier or overnight delivery service or email. You may provide notice to CallSine at: CallSine LLC, 44 Lafayette Rd., PO Box 263, North Hampton, NH 03862

You may ask questions or contact us by email at info@callsine.com.

CallSine may provide notice to you using the contact information associated with your Account.

22. Other Terms:

A. Injunctive Relief - You agree and acknowledge that any access, use, disclosure, retention or other processing of CallSine Data in violation of these Terms may cause immediate and irreparable harm to CallSine for which money damages may not constitute an adequate remedy. Therefore, you agree that CallSine may obtain specific performance and injunctive or other equitable relief, in addition to its remedies at law. CallSine shall be entitled to such equitable relief in addition to all other remedies at law or in equity.

B. Choice of Law and Venue - This Agreement, the right of the parties and all claims, actions, causes of action, mediation, litigation, controversies, hearings, charges, complaints or proceedings arising in whole or in part under or in connection herewith, will be governed by and construed in accordance with the procedural and substantive laws of the State of New Hampshire, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction. The parties agree that any action to enforce the provisions of this Agreement will take place in New Hampshire, and the parties expressly agree to submit to the jurisdiction of the state and federal courts in New Hampshire for this purpose.

C. Severability - If one or more provisions of this Agreement are held to be unenforceable under applicable law, the parties agree to renegotiate such provision in good faith. In the event that the parties cannot reach a mutually agreeable and enforceable replacement for such provision, then (i) such provision shall be excluded from this Agreement, (ii) the balance of the Agreement shall be interpreted as if such provision were so excluded and (iii) the balance of the Agreement shall be enforceable in accordance with its terms.

D. No Waiver - Failure by us to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in these Terms. No waiver shall be effective against CallSine unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance.

E. Entire Agreement - Except as expressly agreed to in writing by CallSine, these Terms constitute the entire agreement between the parties with respect to the subject matter, and supersede all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.

F. Headings - The section headings are provided merely for convenience and must not be given any legal import. References to CallSine includes references to its affiliates, subsidiaries, officers, directors, employees, agents, suppliers, and licensors.

G. Assignment - These Terms will inure to the benefit of CallSine’s successors, assigns, licensees, and sublicensees. We may assign our rights or obligations without your consent. You may not assign or transfer any rights or obligations under these Terms (or your account) to anyone without CallSine’s written consent and any assignment or transfer in violation of this section is void.

H. No Third-Party Beneficiary - These Terms do not create any third-party beneficiary rights to any person who is not a party.

I. Survival - Provisions of the Terms relating to limitation of liability, indemnification, venue, choice of law, and any other provisions that by their nature should survive, will survive the termination of these Terms.

J. Logos - Unless you notify us otherwise in writing, you hereby authorize us to use your company’s logo, name, or trademark on our website or in marketing.