Terms of Service

1STCONTACT TERMS OF SERVICE

Last Updated: January 2025

IMPORTANT LEGAL NOTICE

THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION CLAUSE AND A CLASS ACTION WAIVER THAT WAIVES YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION. YOU MUST REVIEW THIS DOCUMENT IN ITS ENTIRETY, INCLUDING THE DISPUTE RESOLUTION SECTION BELOW, BEFORE USING THE PLATFORM.

THESE TERMS OF SERVICE GOVERN YOUR SUBSCRIPTION TO AND USE OF THE PLATFORM AND SERVICES. PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

BY COMPLETING THE REGISTRATION PROCESS, CREATING AN ACCOUNT OR ACCESSING OR USING ANY OF THE PLATFORM AND/OR SERVICES, YOU REPRESENT THAT: YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT WITH 1STCONTACT THE INFORMATION YOU PROVIDED IN CONNECTION WITH YOUR REGISTRATION IS TRUE, ACCURATE AND COMPLETE YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE PERSONALLY OR ON BEHALF OF YOUR BUSINESS ENTITY ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY, DATA PROCESSING AGREEMENT, AND AFFILIATE AGREEMENT (WHERE APPLICABLE) (COLLECTIVELY THE "TERMS"), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND CORETACTIC LLC D/B/A 1STCONTACT AND ITS RESPECTIVE OFFICERS, DIRECTORS, BUSINESS AFFILIATES, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS "1STCONTACT," "WE" OR "US").

1stContact reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

1stContact is providing the Platform for your business use. 1stContact's customers, users, entrepreneurs, affiliate marketers, experts, and partners are not 1stContact's employees, contractors, or representatives. 1stContact is not responsible for any interactions between you and your customers, other than providing access to the Platform. You agree and acknowledge that you are responsible for implementing your own terms of service to govern the relationship between you and your customers.

You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.

1. USE OF PLATFORM

1.1 Restrictions

You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You may not use the Platform or the Services if you are an employee, partner, or director of our Competitors or intend to gain access to the Platform in order to compete with the Platform.

1.2 Platform Account Ownership

Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual's trade, craft, or profession. As the individual who accepts these Terms, you are the owner of the Platform Account unless you are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account.

If multiple parties claim to be the "owner" of a particular Platform account, 1stContact will deem the owner to be the person who can demonstrate their ownership of the underlying business entity for which the Platform Account was created by providing government-issued documentation of such ownership.

1.3 Intended Use

You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that you and your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. You represent and warrant that:

You and your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms

You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Platform

You are fully responsible for the use of the Platform by your customers

You, your employees, agents and customers will not misrepresent the Platform or the Services

You will ensure that your employees with access to the Platform Account are bound by these Terms, and you will require that your customers accept terms at least as restrictive as these Terms

You own or control all rights in and to all content you provide to 1stContact, including any code provided to customize the Platform for your customers

You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers

You will not give access to the Platform or Services to a direct Competitor of 1stContact

You will not directly or indirectly reverse engineer, decompile, disassemble or otherwise attempt to uncover or discover the source code, object code or underlying structure, ideas, know-how or algorithms

You will not modify, translate, or create derivative works based on the Platform (except to the extent expressly permitted by us)

You will not remove any proprietary notices or labels

1.4 Compliance

You will be solely responsible for your use of the Platform and Services, including:

The quality and integrity of any data and other information made available to us by or for you through the use of the Platform

Securing and maintaining proper insurance as required

Compliance with all applicable laws and regulations including but not limited to HIPAA, PCI, Gramm-Leach-Bliley Act, and other data privacy laws

1stContact is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws, including but not limited to HIPAA, PCI, Gramm-Leach-Bliley Act, and other similar laws and regulations.

1.5 Privacy

By using the Platform and providing Information on or through the Platform, you consent to 1stContact's use and disclosure of the Information in accordance with our Privacy Policy available on our website and incorporated herein by reference. You agree that 1stContact has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform.

When you provide your customers with access to the Platform, you must implement and enforce your own terms of service and Privacy Policy, providing the level of protection at least equal to that provided to you by 1stContact. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy.

1.6 Login Credentials

You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify 1stContact immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security.

1stContact reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in 1stContact's opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials. You give consent to 1stContact to access and monitor your Platform Account and your customer's accounts for support and security purposes, and/or to perform its obligations under these Terms or to enforce these Terms.

1.7 Use of Communication Services

The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. Separate Communication Surcharges for these services may apply and will be charged to your invoice. If you use these features, you agree that you are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications including but not limited to the Telephone Consumer Protection Act ("TCPA"), the Do Not Call Registry Rules and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws.

1stContact is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. 1stContact is a technology platform communication service application provider ONLY. 1stContact does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by you or sent automatically via the Platform at your direction.

1.8 Third Party Services

You may choose to access certain Third-Party Services through the Platform. You are responsible for enabling and managing the integration of each Third-Party Service. You acknowledge that by purchasing or integrating Third Party Services through the Platform, you grant permission to 1stContact to share your data with the Third-Party Services providers in order to facilitate the integration and use of the Third Party Services through the Platform.

You also represent and warrant that you have the appropriate consents for importing any data (including data of your customers) that you request 1stContact to import from other Third-Party Services and/or are the rightful owner of such data. 1stContact is not responsible for, and 1stContact hereby disclaims any liability for, any act or omission of any Third-Party Services provider or the operation of any Third-Party Services, including access to, modification of, or deletion of data, regardless of whether 1stContact endorses, approves, promotes, or supports any such Third-Party Services.

Your use of the Third-Party Services is governed by your agreement with such Third Party, including any supplemental policies imposed by the Third Party. You are solely responsible for reviewing and complying with any terms of use, privacy policies or other terms governing your use of these Third-Party Services, which you use at your own risk.

1.9 Artificial Intelligence Acceptable Use Policy

Before using Artificial Intelligence ("AI") features of the Platform, you must ensure that you are in a jurisdiction that allows AI usage. If you elect to use any AI-based features of the Platform, you are responsible for ensuring that you are using our AI-based features in compliance with our Artificial Intelligence Acceptable Use policy which is attached hereto as Exhibit B.

1.10 Domain Names

If you use the Platform to purchase a domain name, 1stContact will purchase it on your behalf, and 1stContact will be the listed registrant. You must use the domain name in compliance with these Terms. If requested by you in writing, 1stContact will transfer the domain name to you. A transfer fee may apply. You agree to indemnify and hold 1stContact harmless from any claim or demand, including reasonable attorneys' fees, arising from your use of such domain, including any breach of these Terms and any violations of applicable laws as it pertains to use of the domain name.

1.11 International Use

If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. 1stContact makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk.

You agree to comply with all economic sanctions and export control laws, rules and regulations, including without limitation the regulations promulgated by the U.S. Department of Commerce's Bureau of Industry and Security ("BIS") and the U.S. Department of the Treasury's Office of Foreign Assets Control.

1.12 Platform Updates

1stContact reserves the right to make updates or changes to the Platform at any time, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on 1stContact's future delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any Third-party Service.

2. WHITE LABELING AND RESALE

2.1 Resale Restrictions

When reselling access to the Platform, you agree that you are fully liable to your customers for their access to and use of the Platform, and you are solely responsible for the resolution of all customer disputes and inquiries. If 1stContact determines, in its sole discretion, that you are consistently and repeatedly failing to provide your customers with adequate resolutions to their disputes and inquiries, or if we receive complaints that you are not responding to legitimate customer disputes or inquiries, we reserve the right to exercise our ability to terminate your Platform Account.

2.2 Minimum Advertised Price Policy

If you are authorized to white-label and resell access to the Platform, you cannot advertise access to the Core Platform for an effective price that is less than the Standard Prices offered by 1stContact (the "MAP Policy"). The "Core Platform" is defined as a combination of 2 or more of the following Platform features: (i) Funnel and Website Builder, (ii) Forms, (iii) Surveys, (iv) Customer Relationship Manager, (v) Email Builder, (vi) Calendars, and/or (vii) Automation workflows.

"Standard Price" for one Sub-Account is $197 USD for monthly subscriptions or $1970 USD for an annual subscription. 1stContact reserves the right to change its Standard Prices at any time, for any reason. In the event of a change to 1stContact's Standard Prices, you are responsible for ensuring your continued compliance with the MAP Policy.

2.3 Lifetime Licenses Restriction

Subscription fees for access to the Platform or any standalone Platform features must be charged on a recurring basis (i.e. monthly, annually, etc.). It is a violation of these Terms to resell lifetime access to the Core Platform or any standalone features of the Platform for a one-time fee unless you have a prior written approval from 1stContact.

2.4 White Label License and Restrictions

2.4.1 License to White Label

Subject to your continued compliance with these Terms, we hereby grant you a limited, non-exclusive, non-transferable and revocable license to use the Platform including the design and trade-dress, as may be reasonably required for re-branding and reselling access to the Platform under your own white-label brand. Any license granted to you under this Section will automatically terminate upon a breach of this license or the Terms or a violation of the restrictions set forth below.

Under this license, portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers' customized look and feel of the Platform.

2.4.2 Restrictions

You are prohibited from participating in any illegal, deceptive, misleading or unethical practices including, but not limited to, disparagement of the Platform or Services or other practices which may be detrimental to the Platform or Services, 1stContact or the public interest. You will not, nor make any attempt to, acquire any rights in the Platform or any of its components.

You are prohibited from representing yourself as a 1stContact employee or otherwise implying an association with 1stContact when reselling access to the Platform. You may not direct your customers to contact 1stContact for any reason, including but not limited to Platform support. You may not directly or indirectly solicit existing 1stContact customers to cancel their Platform Account in order to purchase a subscription to your white-label branded version of the Platform.

3. CODE OF CONDUCT

You represent and warrant that, when using the Platform, you will comply with the Code of Conduct set forth in Exhibit A. 1stContact reserves the right to seek all remedies available to it in the event that you violate this Agreement, including the Code of Conduct, up to and including termination of your Platform Account.

4. PAYMENT

4.1 Fees and Auto-Renewal

You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change. Your use of the Platform is subject to the timely payment of your and your customers' Fees. Fees may include, but are not limited to: subscription fees, Communication Surcharges, add-on service fees, or other usage-based or subscription-based Fees offered by 1stContact as incurred by you and your customers.

Fee rates and amounts may change from time to time. Fees for subscription services will be billed in advance of Services on a monthly or annual basis, depending on your subscription plan. Usage-based fees, including but not limited to Communications Surcharges, are calculated based on usage and will be billed monthly as separate line items on your invoice. We will automatically charge the card on file when your Fees become due.

4.2 Late Payments and Payment Disputes

If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, we will re-attempt to charge the card on file for a period of 7 business days. If, after re-attempting to charge your card, we are still unable to process the transaction, your Platform Account may be force-canceled for non-payment in 1stContact's sole discretion.

Additionally, we may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

In the event that you dispute any charges on your invoice, you must notify us in writing within thirty (30) days of the invoice date. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute.

4.3 Cancellations

You may cancel your subscription through your Platform Account, by submitting a support ticket, or by calling our support team at (855) 612-4521. You are solely responsible for the cancellation of Services associated with your account, and, subject to other provisions of these Terms, you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.

4.4 Refunds

All Fees assessed by 1stContact are non-refundable, including subscription Fees, Communication Surcharges, and 1stContact's resale of Third Party Services, regardless of whether you actually accessed or used the Platform Account or Services during your subscription period. You are solely responsible for any excess Fees incurred by you as a result of an error or omission made by you or a third party.

1stContact does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. Except as may be required by law, 1stContact reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and 1stContact's determination of if and when to issue or deny a refund or credit is final.

4.5 Taxes and Government Assessments

All Fees are exclusive of any sales, VAT, GST and use taxes, levies, fees, duties, interest, penalties and other governmental assessments ("Taxes") unless mentioned otherwise in these Terms. You are exclusively responsible for Taxes associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers.

1stContact may collect Taxes from you as part of the Fees as legally required or as 1stContact deems appropriate, and all 1stContact determinations regarding what Taxes to collect are final. 1stContact may recalculate and collect additional Taxes from you if it determines at any point that they are due.

5. AFFILIATE PROGRAM

1stContact offers an Affiliate Program under which commissions can be earned for referring new customers to 1stContact. Your participation in the Affiliate Program is subject to 1stContact's approval and your acceptance of the Affiliate Agreement, which is incorporated herein by reference. You must establish a payment account linked to your 1stContact account in order to earn and receive commission payouts.

6. INTELLECTUAL PROPERTY

6.1 Platform Content

The Platform and Platform Content are the property of 1stContact or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contributions. 1stContact grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to you and your customers.

6.2 1stContact Marks and Advertisements

1stContact's name, logo, or Marks (including but not limited to 1stContact, 1stContact.ai) are trademarks and service marks of 1stContact and may not be used without advance written permission of 1stContact, including but not limited to as part of any company name or domain name or in connection with any product or service that is not provided by 1stContact.

Unless you are authorized to white label and resell access to the Platform, you may not remove any 1stContact Marks, name or logo or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform or Platform Content.

6.3 User Contributions

User Contributions are considered non-confidential and non-proprietary. You grant 1stContact, our service providers and each of their licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for the sole purpose of fulfilling 1stContact's obligations under these Terms.

1stContact is not responsible or liable to any third party for the content or accuracy of any User Contributions, nor do we endorse the User Contribution of third parties. 1stContact is not responsible for any failure or delay in removing User Contributions that violate the Terms.

6.4 Feedback

If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and 1stContact and its affiliates have no obligation to use the Feedback. You grant 1stContact and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to 1stContact without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party.

6.5 Usage Data

1stContact may access, collect, analyze, and use the data, information, or insights generated or derived from the provision, use and performance of the Platform, the Service and related software, programs, and technologies ("Usage Data") in accordance with our Privacy Policy. 1stContact owns all such Usage Data. If 1stContact desires to disclose any Usage Data, then 1stContact will anonymize all Usage Data in such disclosure and disclose such Usage Data in aggregate form only in a manner that does not identify you or your customers.

7. DISCLAIMERS

1stContact makes no guarantees that your business will be profitable and that you will make money using the Platform or the Services. Except as otherwise set forth in these Terms, 1stContact is not providing any business opportunities with use of the Platform and/or Service.

THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT:

The Platform will meet your requirements

The Platform will be uninterrupted, timely, secure, or error-free

The results that may be obtained from the use of the Platform will be effective, accurate or reliable

Certain features will be added to the Platform

The quality of the Platform will meet your expectations or be free from mistakes, errors or defects

WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT.

8. LIMITATION OF LIABILITY, INDEMNIFICATION, AND MITIGATION

Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability, provided however, this limitation will not apply to you if you only use the free Services, and in this case, if 1stContact determines to have any liability to you or any third party arising from your use of the free Services, then 1stContact's aggregate liability will be limited to one hundred U.S. dollars.

IN NO EVENT SHALL 1STCONTACT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD PARTY SERVICES.

You agree to defend, indemnify, and hold 1stContact harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys' fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform, including, but not limited to:

Our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers

Any breach of or default under these Terms by you, your employees, agents, or customers

The wrongful use or possession of any 1stContact property by you, your employees, agents, or customers

Any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers

Misrepresentations by you, your employees, agents, or customers

Violation(s) of applicable law by you, your employees, agents, or customers

Your actions and the actions of your employees, agents, or customers

Taxes and other Fees

Any disputes between you and other users or your clients

9. LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

10. TERM AND TERMINATION

10.1 Grounds for Termination

You agree that 1stContact, in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform, and reporting you to the proper authorities, if necessary.

10.2 No Right to Services Upon Termination

Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. 1stContact is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regards to your Platform access.

11. APPLICABLE LAW, BINDING ARBITRATION, AND CLASS ACTION WAIVER

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.

The laws of the State of Minnesota will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws. These Terms may be translated into different languages—only the English version is valid and enforceable.

Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Minneapolis, Minnesota. Any arbitration award may be entered in a court of competent jurisdiction.

All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

12. COMMUNICATIONS AND CONTACT INFORMATION

All notices to a party shall be in writing and shall be made via email. Notices to 1stContact must be sent to legal@1stcontact.ai. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.

1stContact may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from 1stContact, you can click on the "unsubscribe link" provided in such communications or contact us at support@1stcontact.ai.

For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at:

1stContact ATTN: Legal Department 3436 Laura Lane Minnetonka, MN 55305 Phone: (952) 395-2206 Email: info@1stcontact.ai

13. DEFINITIONS

"Communication Surcharges" means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.

"Competitor" shall include, but not be limited to, any entity carrying on a business of marketing and sales platform, SaaS, any entity offering one or more services offered by the Platform, or any entity carrying on a business similar to the business of 1stContact and its subsidiaries, as determined by 1stContact in its sole discretion.

"Feedback" means ideas you provide to 1stContact regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other services, products, matters related to 1stContact's or its affiliates' business.

"Fees" means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.

"1stContact Marks" means the 1stContact name and related logos and service marks of 1stContact.

"Information" means data about you and your customers that 1stContact collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.

"Login Credentials" means the username and password used to access your Platform Account, including API keys and access to third party integrations used with the Platform.

"Platform" means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through 1stContact's website or mobile application.

"Platform Account" means the account you created in order to access and use the Platform.

"Platform Content" means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.

"Prohibited Uses" means the behaviors described in the Code of Conduct.

"Services" means the variety of product integrations and services that 1stContact makes available on the Platform. Services may include Third Party Services.

"Sub-Account" means a subscription for one business under a Platform Account.

"Third Party Content" means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.

"Third Party Services" means third-party websites, databases, networks, servers, information, software, programs, systems, directories, applications, or products or services offered by a third party through the 1stContact Platform.

"User Contributions" means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to 1stContact directly.

"You" or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. "You" also includes any and all agents, employees, or third parties that are authorized to act on your behalf.

EXHIBIT A: CODE OF CONDUCT

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of these Terms for which 1stContact may immediately suspend or terminate your Platform Account in accordance with these Terms:

Use of the Platform in any way that violates any applicable law or regulation

Use of the Platform in a country that prohibits or restricts the use of Artificial Intelligence

Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way

Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms

Use of the Platform to transmit, or procure the sending of any unlawful advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation

Impersonating or attempting to impersonate 1stContact, a 1stContact employee, another user or any other person or entity

Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform

Engaging in any conduct that may, as determined by 1stContact, harm Platform users or 1stContact, or expose either to liability

Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform

Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform

Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without 1stContact's prior written consent

Use of any device, software or routine that interferes with the proper working of the Platform

Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful

Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform

Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack

Otherwise attempting to interfere with the proper working of the Platform

Child sexual exploitation or abuse content

Sexually explicit content

Generation of hateful, harassing, or violent content

Abusive or fraudulent conduct including: Promoting or facilitating the generation or distribution of spam, fraudulent activities, scams, phishing, or malware Compromising cybersecurity systems or gaining unauthorized access Violating any natural person's rights, including privacy rights Appropriating confidential or personal information Impersonating a human by presenting results as human-generated Engaging in disinformation campaigns Academic dishonesty or plagiarism

Illegal or highly regulated goods or services content, including: Engaging in any illegal activity Providing instructions on how to commit or facilitate any type of crime Gambling, payday lending, cryptomining practices Unauthorized practice of law, medicine, or financial advice Political campaigning or lobbying in violation of campaign laws

EXHIBIT B: ARTIFICIAL INTELLIGENCE ACCEPTABLE USE POLICY

AI features of the Platform may not be used in any manner contrary to the relevant laws, regulations, and industry standards, including, but not limited to, data protection and privacy regulations (e.g., GDPR, CCPA); financial industry guidelines (e.g., PCI DSS); as a part of automated decision making process with legal or similarly significant effects; or in violation of any intellectual property rights or geographical restriction.

AI features may not be used to discriminate against any person or groups on grounds of religion, race, sexual orientation, gender, national/ethnic origin, political beliefs, disability, health status, trade union membership, age, criminal convictions or engage in any biased, intimidating, defamatory, harassing, bullying or otherwise inappropriate behaviors

AI features may not be used for generating individualized advice that in the ordinary course of business would be provided by a licensed professional including but not limited to medical, financial, tax, or legal advice. You must disclose to your customers when they are interacting with an AI-based voice or chatbot

All assets created through the use of generative AI systems must be professional and respectful. You may not use offensive or abusive language and may not engage in any behavior that could be considered discriminatory, harassing, or biased when applying generative techniques

You must take necessary steps to protect confidential and sensitive information of your users and customers

AI usage may not damage, disable, overburden, or impair any websites or launch any automated system that sends more request messages to any servers than a human can reasonably produce

AI features may not be used to spread misinformation, engage in malicious activities, or any other uses that could harm individuals or society

AI features may not be used in any manner which is prohibited by the Agreement or the Code of Conduct provided herein

This Terms of Service agreement is effective as of the Last Updated date above and governs your use of the 1stContact Platform and Services.

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