Detailed Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SERVICE, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS.

These Terms of Service constitute a legally binding agreement between you and [App Name] (“Company,” “we,” “us,” “our”). The following terms, along with any referenced documents (collectively, the “Terms”), govern your use of our services, including all content, functionality, and features related to virtual phone numbers, calling, and messaging services offered through our mobile and tablet applications, downloadable software, and any associated websites (the “Services”).

The Services are provided through a licensed mobile application (the “Licensed Application”). The Licensed Application is licensed, not sold, to you for use only under the conditions set forth in this agreement. Should any separate license agreement accompany certain products or services, those terms will govern, subject to your prior acceptance. We reserve all rights not expressly granted to you under these Terms.

Your use of the Services is contingent upon your acceptance of and compliance with these Terms. These Terms apply to all users, visitors, and anyone who accesses or uses the Services. If you are using the Services on behalf of another person or as a representative of a third party, you warrant that you have the authority to act on their behalf and bind them to these Terms.

BY ACCESSING OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE WITH ANY PART OF THESE TERMS, YOU MUST NOT USE OR ACCESS THE SERVICES.

PLEASE NOTE: THESE TERMS INCLUDE A DISCLAIMER AND RELEASE OF LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE. BY CONTINUING TO USE THE SERVICES, YOU AGREE TO THESE DISCLAIMERS AND ACCEPT THIS RELEASE.

The Company grants you a limited, personal, non-exclusive, non- transferable, non-sublicensable, and revocable license to use the Website, Services, and Licensed Application on any mobile device that you own or control, in accordance with these Terms. This license does not allow you to use the Licensed Application on any mobile device that you do not own or control. Additionally, you are not permitted to distribute, share, or make the Licensed Application available over a network where it could be accessed by multiple devices at the same time.

1.2 Intellectual Property Rights

The Company and its licensors retain full ownership, title, and rights to all intellectual property related to the Services and Licensed Application. This includes all software, content, methodologies, technology, designs, graphics, logos, and any other elements used to provide the Services (“Company IP”). You are not granted any ownership rights to the Licensed Application or any Company IP and are prohibited from:

All rights not explicitly granted to you in these Terms remain with the Company.

1.3 Upgrades and Replacements

Any upgrades, enhancements, or supplements provided by the Company that replace or improve the Services will be governed by these Terms, unless such upgrades are accompanied by a separate license. In such cases, the separate license will govern your use of those upgrades.

1.4 Feedback and Suggestions

If you provide the Company with feedback, suggestions, recommendations, or any other input (“Feedback”) related to the Services, you agree that the Company may use this Feedback for any purpose, including improving the Services. You also agree that the Company will own all rights to this Feedback. By submitting Feedback, you assign all ownership rights, irrevocably and exclusively, to the Company on a royalty-free basis, allowing the Company and its affiliates, partners, and third-party service providers to use, license, reproduce, and commercialize the Feedback.

You agree to use the Services responsibly and in compliance with these Terms. Your access and use of the Services is subject to the following restrictions and limitations. You must not:

2.2 Violation of Restrictions

Any attempt to engage in the above activities is a violation of our rights. Should you breach these restrictions, you may be subject to legal action and potential damages. The Company also reserves the right, at its sole discretion, to terminate your license and restrict your access to the Services without notice.

2.3 Lawful Use

You agree to access the Services at your own risk and solely for lawful purposes, in compliance with these Terms. You are responsible for ensuring that your use of the Services complies with all applicable laws, rules, and regulations, including privacy laws. You further agree not to use the Services for:

You agree to take full responsibility for any actions that occur under your login credentials, including your account name and password. You are solely responsible for ensuring the legality and appropriateness of how you use the Services, including any content you upload or share.

2.4 Monitoring of Services

You acknowledge that the Company has no obligation to monitor your access to or use of the Services. However, the Company reserves the right to monitor, secure, and improve the Services, as well as investigate instances of fraud, risk, or non-compliance with these Terms. We may terminate accounts, refuse service, disable access credentials, remove content, or revoke your access to the Services at our sole discretion if we believe you have violated these Terms or engaged in illegal activities.

2.5 Emergency Use and Limitations

You acknowledge and agree that the Licensed Application and Services are intended to serve as secondary, temporary communication tools and are not a substitute for your primary phone number. The Licensed Application and Services are limited in their capabilities and cannot be used for emergency services, such as calling 911.

You must use your primary mobile or landline service for 911 or emergency calls. The Company, including its officers, directors, employees, and affiliates, shall not be held liable for any claims, damages, or losses (including legal fees) arising from any attempt to use the Licensed Application or Services to dial 911 or contact emergency services. By accepting these Terms, you waive all claims against the Company for any such issues related to emergency calling.

To access and use specific features of the Services, you will need to create an account. You are responsible for safeguarding the login information associated with your account, including your username, password, digital certificates, or other security mechanisms used to identify you (“Login ID”). You must not disclose this information to anyone else. If you become aware of any unauthorized use of your Login ID or account, you are required to notify the Company immediately. Your Login ID will only be used by the Company as outlined in these Terms and the Privacy Policy available at [App Privacy Policy Link].

You agree to notify the Company immediately if your password or account security is compromised. If you fail to comply with this section, your account may be immediately terminated. The Company will not be liable, directly or indirectly, for any loss or damage incurred as a result of your failure to comply with these responsibilities.

You acknowledge that we collect, use, and disclose personal information according to our Privacy Policy, which is incorporated into these Terms by reference and can be accessed at [App Privacy Policy Link].

4.2 Responsibility for Submitted Information

You agree that you are solely responsible for any information you provide, input, or post via the Services. If you submit personal information for yourself or a third party, you confirm that you have the authority to do so and take full responsibility for the accuracy of the information submitted.

4.3 Compliance with Privacy Laws

If you collect, store, or process any personal information while using the Services, you must comply with all applicable privacy and data protection laws. This includes, but is not limited to, ensuring that you meet any consent and notice requirements applicable to the data being processed. You agree that you are responsible for adhering to all applicable data protection, security, and privacy laws and regulations (including, where applicable, the General Data Protection Regulation (GDPR) and the EU e- Privacy Directive/Regulation).

4.4 Data Controller Responsibilities

If you are acting on behalf of an organization or entity based in the EU or conducting business within the EU, we provide you with a platform to use our Services, but you, not the Company, are considered the data controller as defined by GDPR. You are solely responsible for complying with all obligations related to being a data controller. This includes, but is not limited to, the collection, processing, and handling of personal data using our Services or any third-party services used in conjunction with the Services. You are responsible for ensuring compliance with privacy laws when sending marketing communications or using cookies and similar technologies.

4.5 Warranties Regarding Data Processing

You represent and warrant the following:

4.6 Indemnification

You agree to indemnify, defend, and hold the Company and its affiliates, as well as their respective officers, employees, agents, successors, and assigns (collectively referred to as “Company Parties”), harmless from any claims, fines, suits, actions, losses, liabilities, and expenses (including reasonable legal fees) arising from or connected to:

5.1 These Terms remain effective until terminated by either you or the Company. The Company reserves the right, at its sole discretion, to terminate or suspend your license and block access to the Services at any time, without prior notice or liability, for any of the following reasons: 1) if you violate these Terms, applicable laws, or third-party rights; or 2) if the Company determines in good faith that such action is necessary to protect the safety or property of the Company, third parties, or to prevent fraud, mitigate risk, or address security concerns. Upon termination, you must immediately discontinue use of the Website, Services, and Licensed Application, and destroy any copies of the Licensed Application or Company-related intellectual property, whether full or partial.

IMPORTANT NOTICE: OUR SERVICES DO NOT SUPPORT OR FACILITATE EMERGENCY CALLS OR SMS MESSAGES TO EMERGENCY SERVICES (E.G., 911). THE COMPANY AND ITS REPRESENTATIVES WILL NOT BE LIABLE FOR ANY DAMAGES, CLAIMS, OR LOSSES ARISING FROM YOUR INABILITY TO USE OUR SERVICES FOR EMERGENCY CALLS. YOU AGREE TO HOLD THE COMPANY HARMLESS FOR SUCH CLAIMS.

6.1 YOU ACKNOWLEDGE AND AGREE THAT YOU USE THE LICENSED APPLICATION AND SERVICES AT YOUR OWN RISK. THE ENTIRE RISK IN TERMS OF SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT LIES WITH YOU. TO THE MAXIMUM EXTENT ALLOWED BY LAW, OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR GUARANTEES. WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. WE MAKE NO GUARANTEES THAT THE LICENSED APPLICATION OR SERVICES WILL BE FREE FROM INTERRUPTIONS OR ERRORS, OR THAT ANY DEFECTS WILL BE FIXED. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY US SHALL CREATE ANY WARRANTY. IF DEFECTS ARISE FROM THE USE OF THE LICENSED APPLICATION OR SERVICES, YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS RELATED TO SERVICING, REPAIR, OR CORRECTION.

7.1 TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY, INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AND AFFILIATES, SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY, INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND. THIS INCLUDES, BUT IS NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, LOSS OF BUSINESS, LOSS OF GOODWILL, INTERRUPTIONS TO SERVICE, MOBILE DEVICE DAMAGE, SYSTEM FAILURE, OR ANY OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATED TO YOUR USE OF THE LICENSED APPLICATION OR SERVICES. WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, YOU AGREE THAT YOU WILL NOT HOLD THE COMPANY RESPONSIBLE FOR DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING THIRD-PARTY CONTENT MADE AVAILABLE THROUGH THE SERVICES.

In no event shall the total liability of the Company to you for all damages exceed the amount of fifty dollars (CAD$50.00), except as may be required by applicable law. This limitation will apply even if any remedy provided herein is found to have failed its essential purpose.

You also agree not to use, export, or re-export the Licensed Application in violation of the laws of the United States or any other applicable jurisdiction. Specifically, the Licensed Application may not be exported to any countries subject to a U.S. embargo, or to any individuals or entities listed on the U.S. Treasury Department’s Specially Designated Nationals list or the U.S. Department of Commerce Denied Persons list. By using the Licensed Application, you confirm that you are not located in any such country or on any prohibited list. You further agree to comply with all applicable laws, including Canadian and U.S. export control laws.

7.2 THE ABOVE LIMITATIONS OF LIABILITY AND DAMAGES ARE ESSENTIAL CONDITIONS THAT FORM THE BASIS OF THE AGREEMENT BETWEEN YOU AND THE COMPANY.

8.1 The Licensed Application, along with its associated documentation, is classified as a “Commercial Item,” as defined under 48 C.F.R. §2.101. This includes “Commercial Computer Software” and “Commercial Computer Software Documentation,” as referenced in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202. In accordance with these regulations, the Licensed Application and associated documentation are licensed to U.S. Government end-users (a) only as Commercial Items, and (b) with the same rights as provided to other users under these Terms. All rights not explicitly granted are reserved under U.S. copyright laws.

All product names, brand names, logos, and trademarks displayed on the Website or in connection with the Services (including “[App Name]” or any related brands) are the trademarks of the Company or its licensors, partners, and affiliates. The use of any such trademarks without the express written consent of the Company or the rightful owner is strictly prohibited. Any unauthorized use may result in legal action.

10.1 You agree to release, indemnify, defend, and hold harmless the Company, its affiliates, licensees, licensors, and their respective employees, agents, contractors, officers, directors, and suppliers to the fullest extent permitted by law, from any claims, liabilities, damages, losses, costs, expenses, or judgments (including reasonable legal fees and expenses) arising from or in connection with:

(a) improper or unauthorized use of or access to the Services by you or any individual using your account;

(b) violation of these Terms or applicable laws by you or any person using your account;

(c) any claim or allegation that your use of the Services infringes upon the intellectual property or proprietary rights of the Company or any third party; and

(d) any breach of laws, regulations, or third-party rights committed by you in relation to your use of the Services.

This indemnification applies to any and all claims, demands, or actions brought against the Company as a result of your actions or omissions.

11.1 The Company reserves the right, at its sole discretion, to withdraw, suspend, modify, or discontinue the Services or any content or materials provided without prior notice. The Company is not responsible for any unavailability of all or part of the Services at any time or for any period. We may impose limitations on access to the Services or specific features without any liability or obligation to provide notice.

11.2 The Company continuously updates its product and service offerings, and there may be occasional delays in updating the Website, App, or other platforms. The information available may contain errors or inaccuracies and may not always be complete or current. Prices, descriptions, and availability of products or services may change without notice, and the Company cannot guarantee the accuracy or completeness of the content available on its platforms.

11.3 Due to the nature of the Internet, the Company does not guarantee continuous or uninterrupted access to the Services. The availability of the Services may be restricted for maintenance, security, or other operational reasons, at the Company’s discretion, without liability. The Company reserves the right to modify, correct, or enhance the Services, including adding new services or correcting any errors or inaccuracies, at any time, without prior notice.

11.4 Unless expressly stated otherwise, the Company does not represent or guarantee that the Services are available for use in all locations.

12.1 Please be aware that we do not accept cancellations, refunds, or exchanges. All prices listed on the Website or through the Services are in U.S. dollars, and all payments will be processed in U.S. dollars. Any purchases made through the Website or Services are subject to applicable taxes and fees. The prices displayed do not include these additional costs.

12.2 While the Company and its service providers strive to ensure accurate advertising, errors or inaccuracies may occur. We reserve the right to correct pricing errors, inaccuracies, or omissions at any time without prior notice, which may include the cancellation of your order. Purchases may only be made for lawful, non-commercial purposes. The Company reserves the right to: (i) reject, correct, cancel, or refuse any orders; and (ii) suspend or terminate accounts at its discretion if it believes your conduct violates applicable laws or these Terms.

Paid Credits

Credits that you purchase will not expire. However, if your account remains inactive for 12 months, the Company may deactivate your account. If this happens, you can contact Customer Support at support@hushed.com to reactivate the account and retrieve any paid credits.

Expirable Credits

From time to time, the Company may offer free credits upon account registration or during promotional events. These credits will expire six (6) months after being added to your account.

13.1 These Terms and the use of the Licensed Application, Website, and Services are governed by the laws of Armenia. You agree that any disputes arising from these Terms or your use of the Services will be subject to the exclusive jurisdiction of the courts of Armenia. Your use of the Licensed Application, Website, and Services may also be governed by additional local, state, national, or international laws.

14.1 The Company’s failure to enforce or exercise any provision or right under these Terms does not constitute a waiver of that provision or right. If any part of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.

15.1 You may not assign or transfer these Terms or your rights under them without the prior written consent of the Company. The Company may freely assign, transfer, or delegate these Terms and any rights or obligations under them at its sole discretion.

16.1 Unless otherwise stated, any notices or communications required or permitted under these Terms will be sent electronically via email or through the Website.

17.1 The Company reserves the right to amend, modify, or replace these Terms at any time, including any information, services, or functionalities provided on or through the Website, Services, or Licensed Application. Any changes deemed material by the Company will be posted on the Website, and you will be notified at least 30 days before the new terms take effect. Your continued use of the Services after the changes are implemented will indicate your acceptance of the revised terms. If you do not agree to the changes, you must discontinue your use of the Services.

18.1 The Services may include links to third-party websites or display third- party content. The Company is not responsible for the availability, accuracy, or legality of such content, and you assume all responsibility when interacting with third-party websites or content, including compliance with their terms.

These Terms, along with the Privacy Policy, constitute the entire agreement between you and the Company concerning the use of the Services, Website, and Licensed Application. They supersede any prior agreements, communications, or representations, whether oral or written. All provisions that, by their nature, are intended to survive termination will remain in effect, including without limitation sections related to proprietary rights, disclaimers, indemnity, and limitations of liability.

All electronic documents referenced or incorporated in these Terms are deemed to be written or in writing and are legally binding and enforceable as if signed.

If you have any questions regarding these Terms, please contact us at [Support Email]. By providing your email address, you consent to receive all required notices electronically. It is your responsibility to ensure that your contact information remains up to date.