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ANTTONE TERMS OF USE

Effective: June 10, 2020

Acceptance of the Terms of Use

These terms of use are entered into by and between You and Ant Tone Inc. ("AntTone," "Company," "we," or "us"). The following terms and conditions, together with any documents expressly incorporated by reference (collectively, "Terms of Use"), govern your access to and use of our website, available at www.anttone.com, and its sub-domains (the "Website"), our mobile application (the "App") or use our unified cloud communications and collaboration platform (the "Plan Services"), whether as a guest or a registered user. The services available through the Website, the App, and the Plan Services are hereinafter referred to as the "Services."

Please read the Terms of Use carefully before you start to use any of the Services. By using the Website, the App, or the Plan Services, or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use any of the Services.

The Services are offered to users who are 18 years of age or older. By using any of the Services, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet the requirement, you must not access or use the Services.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time. Unless otherwise specified by AntTone, all changes are effective upon the effective date indicated at the top of these Terms of Use and apply to all access to and use of the Services.

Your continued use of any of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. If you do not agree to any updates, you should stop using the Services.

Account Security and Accessing the Services

To use the Services, you will be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register an account with us is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You must keep your user name, password, and any other security information secure, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We will not be liable for any loss or damage arising from unauthorized use of your account.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

We will make the Services available to you in accordance with these Terms of Use and any applicable Order Forms. You will be solely responsible, at your own expense, for acquiring, installing and maintaining all hardware, software and other equipment as may be necessary for you to connect to, access, and use the Services. Additionally, the Service area, coverage and quality may vary and change depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in the Services may occur, and speed of the Services varies. You agree we are not liable for problems relating to Service availability or quality.

Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agrees not to use the Services in the following prohibited ways:

  • Using the Services in a manner that is or otherwise encourages (a) any illegal, fraudulent, or abusive activities or (b) materially interfering with the business or activities of AntTone or harms other AntTone customers.
  • Attempting to bypass or break any security mechanism on any of the Services or using the Services in any other manner that poses a material security or service risk to AntTone or any of its other customers.
  • Reverse-engineering the Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
  • Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of the Services or any other conduct that materially and adversely impacts the availability, reliability, or stability of the Services.
  • Transmitting any material, data, or content that contains viruses, Trojan horses, spyware, worms or any other malicious, harmful, or deleterious programs.
  • Violating or facilitating the violation of any applicable laws or regulations of any applicable jurisdiction, including, without limitation, (a) applicable laws or regulations related to the transmission of data and recording or monitoring of phone calls and other forms of communication; (b) applicable laws or regulations that prohibit engaging in any unsolicited advertising, marketing, or transmission of communications; (c) applicable anti-spam laws or regulations such as the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act; or (d) applicable data protection or privacy laws, regulations, or legislation.
  • Using the Services in connection with unsolicited, unwanted, or harassing communications (commercial or otherwise), including, but not limited to, phone calls, SMS or MMS messages, chat, voice mail, video, email, or faxes.
  • Using the Services to harvest or otherwise collect information about individuals, including email addresses or phone numbers, without their explicit consent or under false pretenses.
  • Using the Services to record or monitor a phone call or other communication without securing consent from the participants to the phone call or other communication as required under applicable law.
  • Using the Services in a manner that generates inquiries from a law enforcement, government, or regulatory agency or triggers such an agency to request the suspension of the services to you and/or your phone numbers.
  • Using the Services to transmit any material, data, or content that infringes the intellectual property rights or other rights of third parties.
  • Using the Services to transmit any material or content that is, facilitates, or encourages libelous, defamatory, discriminatory, or otherwise malicious or harmful speech or acts to any person or entity, including but not limited to hate speech, and any other material or content that AntTone reasonably believes degrades, intimidates, incites violence against, or encourages prejudicial action against anyone based on age, gender, race, ethnicity, national origin, religion, sexual orientation, disability, geographic location or other protected category.
  • Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message, email, or phone call.
  • Using the Services in any manner that causes a telecommunications provider to complain about such use to AntTone or materially violates the following: (a) industry standards, policies and applicable guidelines published by (i) the CTIA (Cellular Telecommunications Industry Association), (ii) the Mobile Marketing Association, or (iii) any other generally recognized industry associations; (b) telecommunications provider guidelines and usage requirements as communicated in writing by AntTone to you.
  • Using the Services to transmit any material or content that is offensive, inappropriate, pornographic, obscene, illegal, or otherwise objectionable to any person or entity, including cannabis-related terms or images.
  • Transfer or resell of the Services.
  • Using the Services to create, train, or improve (directly or indirectly) a substantially similar product or service, including any other machine translation engine.
  • Creating multiple accounts to simulate or act as a single account or otherwise access the Service in a manner intended to avoid incurring fees.
  • Otherwise attempting to interfere with any of the Services.

Suspension of Services

In addition to suspension of the Services for non-payment of fees, we may also suspend the Services immediately upon notice for cause if: (a) you violate (or give us reason to believe you have violated) any provision of these Terms of Use; (b) there is reason to believe the traffic created from your use of the Services or your use of the Services is fraudulent or negatively impacting the operating capability of the Services; (c) we determine, in our sole discretion, that providing the Services is prohibited by applicable law, or it has become impractical or unfeasible for any legal or regulatory reason to provide the Services; or (d) there is any use of the Services by you that in our judgment threatens the security, integrity or availability of the Services.

We may impose credit, usage or other limits to the Services, suspend the Service, or block certain types of calls, messages or sessions, in our sole discretion and without notice. We have the right to take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services.

Fees, Payment Terms, Taxes

You agree to pay fees in accordance with the rates listed https://www.anttone.com/price , unless otherwise set forth in an order form or order confirmation between the parties (an "Order Form"). Additionally, we will charge you, and you shall pay any and all additional costs, fines, or penalties we incur from a governmental or regulatory body or telecommunication provider as a result of your use of the Services.

Unless otherwise stated in an Order Form, you shall be responsible for and shall pay all Taxes imposed on or with respect to the Services. "Taxes" mean all applicable federal, state and local taxes, fees, charges, telecommunications provider (e.g., carrier) surcharges or other similar exactions, including, without limitation, sales and use taxes, communications service taxes, utility user’s taxes or fees, excise taxes, VAT, GST, other license or business and occupations taxes, 911 taxes, franchise fees and universal service fund fees or taxes. For purposes of this paragraph, Taxes do not include any Taxes that are imposed on or measured by our net income, property tax, or payroll taxes.

If you are overdue on any payment of undisputed fees and fail to pay within ten (10) business days of a written notice of your overdue payment, then we may assess, and you must pay a late fee. The late fee will be either 1.5% per month, or the maximum amount allowable by applicable law, whichever is less. Following the notice of non-payment, we may also suspend the Services until you pay the undisputed fees due plus any late fees. If we suspend the Services pursuant to this paragraph, then we will have no liability for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur in connection with any such suspension.

If you are disputing any fees or Taxes, you must act reasonably and in good faith and you must cooperate diligently with us to resolve the dispute. You must notify us in writing if you dispute any portion of any fees paid or payable by you pursuant to these Terms of Use. You must provide that written notice to us within sixty (60) days of the date we bill you for the charge you want to dispute, and we will work together with you to resolve the dispute promptly.

Other Terms and Conditions of the Services

Additional terms and conditions may also apply to specific portions or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.

911 Emergency Service

You shall provide AntTone with and keep current the correct and valid registered emergency address for each telephone number. When making a 911 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information.

YOU ACKNOWLEDGE AND AGREE THAT ANTTONE EMERGENCY SERVICE IS INTERNET BASED AND THAT INTERNET 911 SERVICES ARE DIFFERENT THAN THAT OF TRADITIONAL WIRELINE SERVICE. YOU FURTHER ACKNOWLEDGES THAT THE ANTTONE EMERGENCY SERVICE MAY NOT SUPPORT BASIC 911 OR E911 DIALING IN THE SAME MANNER AS TRADITIONAL WIRELINE PHONE SERVICE. YOU ACKNOWLEDGE THAT 911 SERVICE MAY NOT BE AVAILABLE OR RELIABLE AND YOUR ABILITY TO RECEIVE EMERGENCY SERVICES MAY BE IMPEDED.

YOU ACKNOWLEDGE AND AGREE THAT BASIC 911 AND E911 SERVICES WILL NOT FUNCTION IF THERE IS A SERVICE FAILURE DUE TO ANY OF THE FOLLOWING CIRCUMSTANCES: (A) POWER FAILURE, (B) SUSPENDED OR TERMINATED BROADBAND SERVICE, (C) SUSPENSION OF SERVICES DUE TO BILLING ISSUES, (D) USE OF CERTAIN FEATURES WHICH ARE NOT COMPATIBLE WITH 911 SERVICES, AND/OR (E) ANY OTHER SERVICE OUTAGES NOT DESCRIBED HEREIN.

YOU FURTHER ACKNOWLEDGE THAT FAILURE TO PROVIDE A CORRECT PHYSICAL ADDRESS IN THE REQUISITE FORMAT MAY CAUSE ALL BASIC 911 OR E911 CALLS TO BE ROUTED TO AN EMERGENCY SERVICE PROVIDER NOT LOCATED NEAR YOU. FURTHERMORE, YOU RECOGNIZE THAT USE OF THE 911 SERVICES FROM A LOCATION OTHER THAN THE LOCATION INDICATED IN THE REGISTERED EMERGENCY ADDRESS MAY RESULT IN BASIC 911 OR E911 CALLS BEING ROUTED TO AN EMERGENCY SERVICE PROVIDER NOT LOCATED NEAR YOU. ADDITIONALLY, IF YOU DIAL 911 WHILE OUTSIDE THE UNITED STATES, 911 SERVICES MAY NOT BE AVAILABLE.

ANTTONE MAKES NO WARRANTY THAT 911 SERVICES OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION.

YOU ACKNOWLEDGE AND AGREE THAT ANTTONE, ITS UNDERLYING CARRIER, AND ANY OTHER THIRD PARTIES INVOLVED IN THE ROUTING, HANDLING, DELIVERY OR ANSWERING OF 911 SERVICES OR IN RESPONDING TO 911 CALLS, NOR THEIR OFFICERS OR EMPLOYEES, MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, LOSS, FINE, PENALTY OR COST (INCLUDING, WITHOUT LIMITATION, ATTORNEYS FEES, DAMAGES DUE TO ANY FAILURE IN OR BREAKDOWN OF THE COMMUNICATION FACILITIES ASSOCIATED WITH PROVIDING THE 911 SERVICES, OR FOR ANY DELAY, INTERRUPTION OR DEGRADATION OF THE SERVICES WHATSOEVER) AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO THE PROVISION OF ALL TYPES OF EMERGENCY SERVICES TO YOU.

Intellectual Property Rights

The Website, the App, the Plan Services, and the entire features and functionality thereof are owned by AntTone, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We welcome your feedback, recommendations, requests, or suggestions about the Services ("Contributions"). But please know that by submitting Contributions you agree that: (a) we are not under any obligation of confidentiality with respect to your Contributions; (b) we may use or disclose (or choose not to use or disclose) your Contributions for any purpose and in any way; (c) we own your Contributions; and (d) you are not entitled to any compensation or reimbursement of any kind from us under any circumstances for your Contributions.

You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of AntTone or any third party. Except for a limited license to use the Services, your purchase of Services and any devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of AntTone or others. You agree that a violation of this section harms AntTone, which cannot be fully redressed by money damages, and that AntTone shall be entitled to immediate injunctive relief in addition to all other remedies available.

Trademarks

The Company name, the term "AntTone" and all related names, logos, product and service names, designs, and slogans are trademarks of AntTone or its affiliates or licensors. You must not use such marks without the prior written permission of AntTone.

Changes to the Services

AntTone may, from time to time, in its sole discretion, provide updates to the Services, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, "Updates"). Updates may also modify or delete in their entirety certain features and functionality. You agree that AntTone has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.

You shall promptly download and install all Updates (if applicable) and acknowledge and agree that the Services or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Services and be subject to all terms and conditions of this Agreement.

Information About You

All information we collect through your use of the Services is subject to our Privacy Policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website, the App, and the Plan Services

If the Website, the App, and the Plan Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Disclaimer of Warranties

WITHOUT LIMITING A PARTY’S EXPRESS WARRANTIES AND OBLIGATIONS HEREUNDER, AND EXCEPT AS EXPRESSLY PROVIDED HEREIN, THE SERVICES ARE PROVIDED “AS IS,” AND ANTTONE MAKES NO WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND ANTTONE SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW. ANTTONE ADDITIONALLY DISCLAIMS ALL WARRANTIES RELATED TO THIRD PARTY TELECOMMUNICATIONS PROVIDERS. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, ANTTONE WILL NOT BE LIABLE AND WILL HAVE NO OBLIGATION TO INDEMNIFY CUSTOMER FOR SENSITIVE DATA THAT YOU SEND TO US.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ANTTONE OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES (INCLUDING THE 911 SERVICES) FOR: (A) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES; (B) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE SERVICES DURING THE SIX (6) MONTH PERIOD PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE.

THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR ANTTONE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.

THE FOREGOING LIMITATION WILL NOT LIMIT YOUR PAYMENT OBLIGATIONS UNDER THIS AGREEMENT.

Indemnification

You agree to defend, indemnify, and hold harmless AntTone, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services.

Termination

Either party may terminate these Terms of Use and close your account for any reason upon thirty (30) days written notice to the other party. Notwithstanding the preceding sentence, if there is an Order Form(s) in effect, then these Terms will not terminate until such Order Form(s) have expired or been terminated. You may also terminate these Terms of Use in the event we commit a material breach of these Terms of Use and fail to remedy that breach within five (5) days after providing written notice of that breach to us. AntTone, at its sole discretion, may terminate these Terms of Use and close your account in the event you commit any material breach of these Terms of Use and fail to remedy that breach within five (5) days after AntTone provides written notice of that breach to you. Additionally, AntTone reserves the right to terminate your account immediately without notice if you engage in any activities set forth in the Prohibited Uses.

Governing Law and Jurisdiction

All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule (whether of the State of Texas or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas, in each case located in the City of Houston and County of Harris, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At AntTone’s sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Services, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Texas law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by AntTone of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of AntTone to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Force Majeure

No failure, delay or default in performance of any obligation of a party shall constitute an event of default or breach of these Terms of Use to the extent that such failure to perform, delay or default arises out of a cause, existing or future, that is beyond the control and without negligence of such party, including action or inaction of governmental, civil or military authority; fire; strike, lockout or other labor dispute; flood, terrorist act; war; riot; theft; earthquake and other natural disaster. The party affected by such cause shall take all reasonable actions to minimize the consequences of any such cause.

Entire Agreement

Except as provided in these Terms of Use and any exhibits or addenda or other terms incorporated by reference into these Terms of Use, these Terms of Use supersede all prior and contemporaneous proposals, statements, sales materials or presentations and agreements, oral and written. No oral or written information or advice given by AntTone, its agents or employees will create a warranty or in any way increase the scope of the obligations under these Terms of Use.

Assignment

You will not assign or otherwise transfer these Terms of Use, in whole or in part, without our prior written consent. Any attempt by you to assign, delegate, or transfer these Terms will be void. AntTone may assign these Terms of Use, in whole or in part, without consent. Subject to this section, these Terms of Use will be binding on both you and AntTone and each of our successors and assigns.

Export Controls

The Services may be subject to applicable export control and economic sanctions laws of the United States and other jurisdictions. You agree to comply strictly with all domestic and international export laws and economic sanctions regulations. You represent that you are not named on a U.S. government exclusion list, and you further warrant that you will immediately discontinue use of the Services if you become placed on any such list.

Your Comments and Concerns

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: support@anttone.com.

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