Introduction

Effective date: April 8, 2026

These Terms of Use contain the terms and conditions that govern all use of all content, services and/or products available on or through the Services (as defined below).

THESE TERMS OF USE CONSTITUTE A BINDING CONTRACT AND GOVERN THE USE OF AND ACCESS TO THE SERVICES BY THE CLIENT AND USERS, WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION OR A FREE TRIAL.

By accepting these Terms, either by accessing or using a Service, or authorising or permitting any User or End-User to access or use a Service, the Client agrees to be bound by these Terms as of the date of such access or use of the Service (the "Effective Date"). If You are entering into the Terms on behalf of a company, organisation or another legal entity (an "Entity"), You are agreeing to these Terms for that Entity and representing to SupportYourApp that You have the authority to bind such Entity and its Affiliates to the Terms, in which case the terms "the Client," "You" or "Your" herein refer to such Entity and its Affiliates. If You do not have such authority, or if You do not agree with these Terms, You must not use or authorise any use of the Services. The Client and SupportYourApp shall each be referred to as a "Party" and collectively as the "Parties" for purposes of these Terms.

In the event of any conflict between documents forming the agreement between the Parties, the following order of precedence applies (highest to lowest): (i) the applicable Service Order; (ii) the Data Processing Agreement; (iii) any Supplemental Terms; (iv) these Terms of Use.

1. DEFINITIONS

1.1 "Account" means any accounts or instances created by, or on behalf of, the Client or its Users within the Services.

1.2 "Affiliate(s)" means, with respect to a Party, any entity that directly or indirectly controls, is controlled by, or is under common control with such Party, whereby "control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such person, whether through the ownership of voting securities, by contract, or otherwise.

1.3 "AI Services" means the artificial intelligence, machine learning, natural language processing, and generative AI functionality made available as part of the Services, whether powered by SupportYourApp's own technology or integrated third-party AI providers.

1.4 "API" means the application programming interfaces developed, made available and enabled by SupportYourApp that permit Clients to access certain functionality provided by the Services, including without limitation the REST API that enables interaction with the Services automatically through HTTPS requests and the application development API that enables integration of the Services with other web applications.

1.5 "Billing Entity" means any SupportYourApp Affiliate or group entity designated in a Service Order or invoice to issue invoices and collect Service Fees on behalf of SupportYourApp.

1.6 "Client" means the party specified in the Service Order and may also be referred to as "You" or "Your".

1.7 "Client Marks" means any trademarks, service marks, service or trade names, taglines, logos or other designations of the Client.

1.8 "Confidential Information" means all information disclosed by one Party to the other Party which is in tangible form and designated as confidential, or is information, regardless of form, which a reasonable person would understand to be confidential given the nature of the information and circumstances of disclosure, including but not limited to pricing terms, product plans and designs, business processes, security notifications, and customer advocacy communications. Confidential Information shall not include information that (a) was already known to the receiving Party at the time of disclosure; (b) was or is obtained from a third party not known by the receiving Party to be under an obligation of confidentiality; (c) is or becomes generally available to the public other than by violation of these Terms or another valid agreement between the Parties; or (d) was or is independently developed by the receiving Party without use of the disclosing Party's Confidential Information.

1.9 "End-User(s)" means any person or entity other than the Client or Users with whom the Client or its Users interact while using a Service.

1.10 "Force Majeure Event" means any event or circumstance beyond SupportYourApp's reasonable control that prevents or materially delays SupportYourApp's performance of its obligations under these Terms, including but not limited to: acts of God, acts of government or regulatory authority, flood, fire, earthquake, civil unrest, acts of terror, pandemic or epidemic, strikes or other labour disputes not involving SupportYourApp employees, denial of service attacks, or failures or outages of third-party subcontractors or service providers (including AI model providers and telephony providers) where such failures are beyond SupportYourApp's reasonable ability to mitigate through available redundancy or failover measures at the relevant time.

1.11 "Free Trial" means limited access to the Services for the purposes of trying out the Services without paying the Service Fees.

1.12 "Intellectual Property Rights" means any and all of a Party's patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights.

1.13 "Malicious Software" means any software intentionally designed to disrupt, damage, or gain unauthorised access to computer systems, including viruses, worms, Trojan horses, ransomware, spyware, and denial-of-service tools.

1.14 "Output" means any data, text, audio, or other content generated by the AI Services in response to or derived from Service Data submitted by the Client, Users, or End-Users.

1.15 "Personal Data" means any information relating to an identified or identifiable natural person.

1.16 "Personnel" means employees and/or non-employee contractors of SupportYourApp engaged by SupportYourApp in connection with performance hereunder.

1.17 "Professional Services" means implementation, integration, configuration, custom development, training, or other professional services provided by SupportYourApp to the Client pursuant to a Statement of Work or Service Order, as governed by Section 5 of these Terms.

1.18 "Service Data" means all electronic data, text, messages, communications or other materials submitted to and stored within the Services by the Client, Users and End-Users in connection with the Client's use of the Services, excluding Users' contact information.

1.19 "Service Order" means any SupportYourApp-generated service order form, statement of work, or online ordering document completed, executed, or approved by the Client in connection with the Client's subscription to the Services. A Service Order shall specify: (i) the Services ordered and applicable Service Plan (if any); (ii) the Subscription Term and any agreed renewal conditions; (iii) the number of Users or applicable access model (if relevant); (iv) the Service Fees, payment schedule, currency, and Billing Entity; and (v) the Client entity and any covered Affiliates. A Service Order may additionally record any elections available to the Client under these Terms. The Service Order may be in electronic or signed form as mutually agreed by the Parties.

1.20 "Service Plan" means the specific subscription tier or package of services offered by SupportYourApp that defines the scope, features, functionality, capacity, and limitations of the Services provided to the Client.

1.21 "Service(s)" means the products and services used or ordered by the Client online through a link or via a Service Order referencing these Terms, whether on a trial or paid basis, and made available online by SupportYourApp via the applicable Client login link and other web pages designated by SupportYourApp, including individually and collectively the applicable software (including SupportCRM), updates, and API. "Services" exclude stand-alone Third Party Services; however, where AI or Voice AI functionality is delivered by SupportYourApp through integration with third-party providers as part of the core platform offering, such functionality is deemed part of the Services and governed by Section 4 of these Terms and, where applicable, the relevant Supplemental Terms. From time to time, the names and descriptions of Services may be changed, and these Terms shall be deemed to apply to such Service as newly named or described.

1.22 "Service Fees" means all charges associated with the Client's access to and use of an Account.

1.23 "Statement of Work" means a document executed by both Parties that describes the scope, deliverables, timeline, fees, and any other specific terms applicable to a Professional Services engagement.

1.24 "Sub-processor(s)" means any independent third-party data processor (excluding SupportYourApp's own Affiliates acting as processors, which are addressed separately in the Data Processing Agreement) engaged by SupportYourApp that receives Service Data from SupportYourApp for processing on behalf of the Client, in accordance with the Client's instructions as communicated through SupportYourApp, under the terms of a written subcontract.

1.25 "Subscription Term" means the period during which the Client has agreed to subscribe to a Service.

1.26 "SupportCRM" means SupportYourApp's proprietary CRM and customer support platform product, made available as part of the Services.

1.27 "SupportReply" means SupportYourApp's AI-powered customer support agent product that autonomously resolves end-customer requests end-to-end across email, chat, and social media channels using Client Content, made available as part of the Services.

1.28 "SupportVoice" means SupportYourApp's AI-powered voice agent product that delivers inbound and outbound voice-based customer support interactions, made available as part of the Services and governed by the Supplemental Terms in Appendix B where subscribed to by the Client.

1.29 "SupportYourApp" means SupportYourApp, Inc., a legal entity registered under the laws of the State of Delaware, USA, and/or any of its Affiliates, successors, or assignees, as applicable. References to "SupportYourApp" shall include any Billing Entity designated in the applicable Service Order to issue invoices and collect payment on behalf of SupportYourApp.

1.30 "SupportYourApp Marks" means any trademarks, service marks, service or trade names, taglines, logos or other designations of SupportYourApp or its Affiliates, whether registered or unregistered.

1.31 "Supplemental Terms" means the additional terms and conditions incorporated into a Service Order by reference or otherwise expressly agreed by the Parties in writing. Any modification to Supplemental Terms is subject to the notice requirements in Section 21 of these Terms.

1.32 "Taxes" means taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction.

1.33 "Terms" means these Terms of Use.

1.34 "Third Party Services" means third-party products, applications, services, software, networks, systems, directories, websites, databases and information which a Service links to, or which the Client may connect to or enable in conjunction with a Service.

1.35 "User Login" means a unique username and associated password provisioned to an individual to permit them to access the Services.

1.36 "User(s)" means an individual authorised to use the Services through the Client's Account using individual User Login credentials.

1.37 "Website" means the website(s) operated by SupportYourApp, including https://supportyourapp.com/, as well as all other websites that SupportYourApp operates (but shall not include the Services).

2. ACCESS TO THE SERVICES

2.1 Service. SupportYourApp will make the Services available pursuant to these Terms and the applicable Service Order(s). SupportYourApp will target ninety-nine percent (99%) monthly uptime availability, measured excluding Planned Downtime and Force Majeure Events ("Availability Target"). The Availability Target is an operational objective only and does not constitute a guarantee or service level commitment. No service credits or other remedies shall apply in connection with service availability unless the Parties have separately executed a written Service Level Agreement ("SLA"). Clients requiring guaranteed uptime commitments or service credits may request an SLA, to be executed as a separate document incorporated by reference into the applicable Service Order. "Planned Downtime" means scheduled maintenance for which SupportYourApp provides at least twenty-four (24) hours' prior written notice, conducted during off-peak hours where reasonably practicable, and not exceeding six (6) hours per calendar month in aggregate. SupportYourApp shall not be liable for any interruption to interactions in progress at the commencement of Planned Downtime.

2.2 Support. SupportYourApp will provide standard technical support covering: (a) platform availability and access issues; (b) technical bugs or errors in the Services that prevent the Services from functioning materially as described; and (c) integration and configuration assistance as specified in the applicable Service Order. Standard technical support does not include: (i) issues arising from inaccurate or incomplete Client Content; (ii) the quality, accuracy, or performance of AI-generated Output; (iii) third-party platform issues (Zendesk, Freshdesk, Twilio, ElevenLabs etc.); or (iv) end-user call quality or network issues. Support for AI Output quality is available through the optional AI Mentoring service specified in the applicable Service Order. SupportYourApp shall respond to support enquiries as soon as reasonably possible

2.3 Modifications. The Client acknowledges that SupportYourApp may modify the features and functionality of the Services during the Subscription Term. SupportYourApp shall provide the Client with thirty (30) days' advance notice of any deprecation of any material feature or functionality. SupportYourApp will not materially decrease the overall functionality of the Services purchased by the Client during the Subscription Term. Where SupportYourApp becomes aware of a material change to an underlying third-party AI model that is reasonably likely to result in a significant change to Output quality, voice characteristics, or AI behaviour, SupportYourApp will use commercially reasonable efforts to notify the Client in advance. SupportYourApp's ability to provide advance notice of AI model changes is subject to the notice provided by the relevant third-party AI provider, and SupportYourApp shall not be in breach of this obligation where the relevant provider does not provide sufficient advance notice to SupportYourApp.

2.4 Extension of Rights to Affiliates. The Client may extend its rights, benefits and protections provided herein to its Affiliates and to contractors or service providers acting on the Client's or the Client's Affiliates' behalf, provided that the Client remains responsible for their compliance hereunder. An Affiliate may also directly purchase Services pursuant to these Terms provided that such Affiliate (i) executes a Service Order; and (ii) agrees to be bound by these Terms as if it were an original party hereto. The Client also agrees that it will be responsible for its Affiliates' compliance with the Terms. The Client hereby authorises SupportYourApp to share the content of these Terms with the Client's Affiliates.

3. USE OF THE SERVICES

3.1 Login Management. Access to and use of certain Services is restricted to the specified number of individual Users permitted under the Client's subscription, as detailed in the applicable Service Order(s). For User-based Services, a User Login cannot be shared or used by more than one individual per Account. User Logins may be reassigned to new individuals replacing former individuals who permanently no longer require ongoing use. The Client and Users are responsible for maintaining the confidentiality of all User Login information and must promptly notify SupportYourApp of any actual or suspected unauthorized access to or use of an Account. The Client may not use the Services or API to circumvent individual User Login requirements. SupportYourApp may monitor Account usage to verify compliance with these login restrictions. Individual User Login requirements shall not apply to SupportYourApp's own AI-powered features or automated agents operating within the Client's Account pursuant to an applicable Service Order, or to other automated access where a separate API-based licensing arrangement has been expressly agreed in writing with SupportYourApp. SupportYourApp reserves the right to charge the Client, and the Client agrees to pay, for any overuse of a Service in violation of these Terms or Service Order(s).

3.2 Compliance. As between the Client and SupportYourApp, the Client is responsible for compliance with the provisions of these Terms by Users and End-Users and for any and all activities that occur under an Account, which SupportYourApp may verify from time to time. Without limiting the foregoing, the Client will ensure that its use of the Services is compliant with all applicable laws and regulations as well as any and all privacy notices, agreements or other obligations the Client may maintain or enter into with Users or End-Users.

3.3 Restrictions. Neither the Client nor Users shall:

(i) use the Services or any part or element thereof to commit a crime;

(ii) use the Services in a manner that violates any applicable laws or these Terms;

(iii) use the Services in a way that infringes, misappropriates or violates anyone's rights;

(iv) disassemble, decompile, reverse engineer, or otherwise attempt to access or derive source code or other trade secrets from the Services, or modify, make derivative works based upon, copy, or otherwise use any ideas, features, functions, or graphics of the Services in order to (a) build a similar or competitive product or service or (b) build a product using similar features, functions, or graphics of the Services;

(v) modify, remove, or obstruct any proprietary rights statement or notice contained in the Services;

(vi) "crawl," "scrape," or "spider" any data or portion of the Services (through use of manual or automated means);

(vii) send or store (a) infringing, dangerous, harmful, deceptive, obscene, threatening, libellous, or otherwise objectionable, unlawful, or tortious material, including material harmful to children or which violates third-party privacy rights; or (b) material containing software viruses, worms, Trojan horses, or other harmful computer code, files, scripts, agents, or programs;

(viii) access or use the Services in any manner not expressly permitted under these Terms or the applicable Service Order;

(ix) interfere with or disrupt the Services, including circumventing any rate limits or restrictions or bypassing any protective measures or safety mitigations SupportYourApp puts on the Services; or

(x) resell, white-label, sublicense, or otherwise make the Services available to third parties as a standalone product or service without SupportYourApp's prior written consent. For the avoidance of doubt, the Client's use of the Services to support its own customer-facing operations is expressly permitted and does not constitute a prohibited use under this provision.

3.4 System Requirements. A high-speed Internet connection is required for proper transmission of the Services. The Client is responsible for procuring and maintaining the network connections that connect the Client's network to the Services, including browser software that supports protocols used by SupportYourApp, including the Transport Layer Security (TLS) protocol or other protocols accepted by SupportYourApp. SupportYourApp is not responsible for notifying the Client, Users or End-Users of any upgrades, fixes or enhancements to any such software or for any compromise of data transmitted across computer networks or telecommunications facilities which are not owned, operated or controlled by SupportYourApp. SupportYourApp assumes no responsibility for the reliability or performance of any connections as described in this Section. SupportYourApp is not responsible for the quality or reliability of network connections, telecommunications infrastructure, or devices used by End-Users or callers to access the Services, and shall not be liable for any degradation in Output quality, miscommunication, or service failure attributable to End-User network or device conditions.

3.5 No Competitive Access. The Client may not access the Services for competitive intelligence purposes. A "competitor" means any entity whose primary business includes developing, marketing, or selling AI-powered customer support platform software substantially similar in functionality to the Services. If SupportYourApp reasonably determines the Client falls within this definition, SupportYourApp may terminate access upon thirty (30) days' written notice.

4. AI SERVICES GOVERNANCE

4.1 AI Services Providers. The Client acknowledges and agrees that AI Services are provided through third-party AI service providers, including but not limited to OpenAI, or their affiliated entities ("AI Services Providers"). The use of AI Services is governed not only by these Terms but also by the specific terms and conditions of the AI Services Providers available on their respective websites. SupportYourApp is not responsible for the acts or omissions of AI Services Providers except to the extent they are Sub-processors under the Data Processing Agreement.

4.2 Output Generation. The Services may generate Output in response to and derived from Service Data provided by the Client, Users, and End-Users. The Client agrees to use Output only: (i) in a lawful manner compliant with all applicable laws; (ii) in accordance with these Terms; and (iii) in a manner that does not infringe the rights of SupportYourApp or any third party. The Client acknowledges that Output may not be unique, and similar Output may be generated for other clients. Due to the probabilistic nature of AI, the Services may produce incorrect, incomplete, or offensive Output. The Client must not use Output related to a person in a way that could have material legal consequences for that individual, including decisions involving credit, education, employment, housing, insurance, or medical matters. The Client is solely responsible for evaluating the accuracy and appropriateness of Output for its intended use, including utilising human review where necessary. THE CLIENT ACKNOWLEDGES THAT ANY USE OF OUTPUT IS AT ITS SOLE RISK AND THAT OUTPUT SHALL NOT BE RELIED UPON AS A SOLE SOURCE OF TRUTH OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE.

4.3 Restrictions on Use of AI Services. The Client agrees not to use the AI Services for: (a) unlawful activities, including promoting violence, hate speech, or discrimination; (b) generating content that infringes intellectual property, privacy, or publicity rights; (c) creating or distributing pornographic, defamatory, misleading, or illegal content; (d) automated decision-making in employment, credit, insurance, or medical contexts without human oversight; (e) high-risk applications where AI failure could cause serious harm, including life-support systems, military applications, or safety-critical infrastructure; (f) configuring any AI agent to represent itself as a human being when directly and sincerely asked by an End-User whether they are speaking with a human or an automated system ("AI Impersonation"); or (g) excessive automated access that degrades service performance for other clients.

4.4 AI Disclosure. The Client is solely responsible for configuring the Services to disclose to End-Users, prior to or at the commencement of any AI-powered interaction, that they are engaging with an automated AI system and not a human agent. Such disclosure must be clear, prominent, and compliant with applicable laws, including Article 52 of the EU AI Act, applicable US state AI disclosure requirements, and any other jurisdiction-specific transparency obligations. SupportYourApp shall not be liable for any regulatory enforcement, claim, or penalty arising from the Client's failure to implement adequate AI disclosure.

4.5 SupportVoice.Where the Client subscribes to SupportVoice, the Client's use of that product is exclusively governed by the Supplemental Terms set out in Appendix B. The provisions in Appendix B (including recording consent, human escalation, ElevenLabs obligations, and AI disclosure for voice interactions) supersede this Section 4 with respect to SupportVoice matters.

4.6 EU AI Act Compliance. The Client acknowledges that certain applications of the AI Services may fall within the scope of Regulation (EU) 2024/1689 (EU AI Act). As the entity deploying the Services in its own customer support operations, the Client may qualify as a "deployer" under the EU AI Act and bears corresponding compliance obligations, including transparency requirements, human oversight obligations, and record-keeping duties. SupportYourApp shall provide reasonable cooperation to assist the Client in fulfilling such obligations upon written request, but primary compliance responsibility rests with the Client as deployer.

4.7 Third-Party AI Agreements. The use of AI Services may be subject to a separate agreement between the Client and the relevant AI Services Provider. SupportYourApp is not a party to such agreements and bears no responsibility for the terms, performance, or functionality of third-party AI services. Any claims related to third-party AI provider content or performance are the sole responsibility of the relevant AI Services Provider, not SupportYourApp.

4.8 Knowledge Base and Client Content. Where the Client connects or provides a knowledge base, content repository, documentation, or any other client-owned content source to the Services for use in AI-powered response generation, automation, or assistance (collectively, "Client Content"), the Client is solely responsible for the accuracy, completeness, currency, and legality of all Client Content. SupportYourApp has no obligation to review, verify, or validate Client Content and shall have no liability for any AI-generated Output that is inaccurate, misleading, incomplete, or non-compliant as a result of deficiencies in the Client Content provided. The Client warrants that Client Content does not infringe any third-party intellectual property rights, does not contain unlawful material, and does not violate any applicable laws or regulations. Where the Client deploys AI Services to respond autonomously to End-Users on the Client's behalf, such responses are deemed the Client's own communications. The Client bears full responsibility for the content, accuracy, tone, and legal compliance of all autonomous AI-generated responses delivered to End-Users, including compliance with channel-specific rules and regulations applicable to the communication channels through which such responses are delivered, including but not limited to email, chat, social media platforms, and messaging services. SupportYourApp shall have no liability for any claim, loss, or regulatory action arising from autonomous AI-generated responses delivered to End-Users on the Client's behalf.

4.9 AI Services Warranty Disclaimer. SUPPORTYOURAPP SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR FITNESS FOR ANY PURPOSE OF ANY OUTPUT GENERATED BY THE AI SERVICES, INCLUDING THROUGH SUPPORTREPLY AND SUPPORTVOICE. AI-GENERATED OUTPUT MAY CONTAIN ERRORS, INACCURACIES, OR OMISSIONS (COMMONLY REFERRED TO AS "HALLUCINATIONS") AND MUST NOT BE RELIED UPON AS A SOLE OR PRIMARY SOURCE OF FACTUAL INFORMATION OR AS A SUBSTITUTE FOR PROFESSIONAL ADVICE. THE CLIENT IS SOLELY RESPONSIBLE FOR REVIEWING AND VALIDATING ALL OUTPUT BEFORE USE AND BEFORE DELIVERY TO OR RELIANCE BY ANY END-USER. WITHOUT LIMITING THE FOREGOING: (a) THIRD-PARTY AI MODEL ERRORS: SUPPORTYOURAPP MAKES NO WARRANTY REGARDING THE PERFORMANCE, ACCURACY, OR BEHAVIOUR OF UNDERLYING AI MODELS PROVIDED BY THIRD-PARTY AI SERVICES PROVIDERS. CHANGES TO THIRD-PARTY AI MODELS, INCLUDING CHANGES TO MODEL BEHAVIOUR, TRAINING DATA, OR OUTPUT CHARACTERISTICS MADE BY THE AI SERVICES PROVIDER, ARE OUTSIDE SUPPORTYOURAPP'S CONTROL AND SUPPORTYOURAPP SHALL NOT BE LIABLE FOR ANY CHANGE IN OUTPUT QUALITY OR CHARACTER RESULTING FROM SUCH THIRD-PARTY MODEL CHANGES. (b) END-USER RELIANCE: THE CLIENT IS SOLELY RESPONSIBLE FOR ENSURING THAT END-USERS WHO INTERACT WITH AI SERVICES ARE MADE AWARE THAT THEY ARE ENGAGING WITH AN AUTOMATED SYSTEM WHOSE OUTPUTS MAY BE INACCURATE, AND FOR MANAGING END-USER EXPECTATIONS REGARDING OUTPUT RELIABILITY. SUPPORTYOURAPP SHALL HAVE NO LIABILITY TO END-USERS OR TO THE CLIENT FOR CLAIMS BROUGHT BY END-USERS ARISING FROM THEIR RELIANCE ON OUTPUT. ALL CLAIMS ARISING FROM THE USE OF AI SERVICES OR OUTPUT ARE SUBJECT TO THE LIMITATION OF LIABILITY IN SECTION 15.

5. PROFESSIONAL SERVICES

5.1 Work Product Ownership. Unless otherwise expressly agreed in a separately executed written instrument signed by both Parties, all deliverables, work product, configurations, custom developments, integrations, code, documentation, and other materials created or developed by SupportYourApp in the course of performing Professional Services, whether alone or in collaboration with the Client, shall be and remain the exclusive property of SupportYourApp, including all Intellectual Property Rights therein. SupportYourApp grants the Client a non-exclusive, non-transferable licence to use such deliverables solely for the Client's internal business operations in connection with the Services for the duration of the applicable Subscription Term. For the avoidance of doubt, nothing in this Section transfers ownership of SupportYourApp's underlying platform, AI models, tooling, methodologies, or pre-existing intellectual property, regardless of whether they are embedded in or used to create any deliverable.

5.2 Client Dependencies. SupportYourApp's ability to perform Professional Services in accordance with any agreed timeline is contingent upon the Client providing timely access, information, approvals, and resources as reasonably requested by SupportYourApp. Delays caused by the Client's failure to provide such cooperation shall extend any agreed timelines by a corresponding period and may result in additional fees if re-scoping is required. SupportYourApp shall notify the Client in writing before incurring any additional fees attributable to Client-caused delays.

5.3 Acceptance. Acceptance criteria for deliverables shall be as specified in the applicable Statement of Work or Service Order. If no acceptance criteria are specified, deliverables shall be deemed accepted ten (10) business days after delivery unless the Client notifies SupportYourApp in writing of material non-conformance with the agreed specifications, describing the non-conformance in reasonable detail. SupportYourApp shall have a reasonable opportunity to cure any notified non-conformance before the Client may exercise any other remedy.

5.4 Professional Services Warranty. SupportYourApp warrants that Professional Services will be performed in a professional and workmanlike manner consistent and in material conformance with the specifications agreed in the applicable Statement of Work. If Professional Services do not conform to this warranty and the Client notifies SupportYourApp within thirty (30) days of the date the relevant Professional Services were performed, SupportYourApp shall, as the Client's sole and exclusive remedy, re-perform the non-conforming Professional Services at no additional charge.

5.5 Fees and Expenses. Professional Services fees are as specified in the applicable Statement of Work or Service Order. Unless otherwise stated, Professional Services fees do not include travel and out-of-pocket expenses, which shall be reimbursed by the Client at cost against reasonable supporting documentation. SupportYourApp will seek the Client's prior written approval before incurring any individual expense exceeding the threshold specified in the applicable Statement of Work.

5.6 Liability. Professional Services fees paid or payable under any Statement of Work or Service Order shall be included in the aggregate Service Fees for purposes of calculating the limitation of liability cap in Section 15.2.

6. TERM, TERMINATION AND TEMPORARY SUSPENSION

6.1 Term. These Terms commence on the Effective Date and remain in effect until all Service Orders have expired or been terminated, or until these Terms are otherwise terminated in accordance with their terms ("Agreement Term"). Each Service Order shall specify its own Subscription Term and any applicable renewal conditions. Where a Service Order is silent on renewal, it will automatically renew for a Subscription Term equal in length to the expiring term at SupportYourApp's then-current Service Fees, unless cancelled in accordance with Section 6.2 or terminated under Section 6.5. Termination of an individual Service Order shall not automatically terminate these Terms or any other active Service Order unless the Parties expressly agree otherwise in writing.

6.2 Cancellation. Either Party may cancel a specific Service Order at the end of its then-current Subscription Term by providing written notice no less than thirty (30) days prior to the end of that Subscription Term, unless a different notice period is specified in the applicable Service Order. Cancellation of a Service Order shall not automatically cancel the Client's Account or any other active Service Orders. Cancellation of all active Service Orders shall result in closure of the Client's Account. The consequences of cancellation with respect to fees and data are governed by Sections 6.6 and 6.7 respectively.

6.3 Plan Changes. Any change to the Client's Service Plan, number of Users, or scope of Services during an active Subscription Term, whether an upgrade, downgrade, or other modification, shall require mutual written agreement between the Parties, documented in an amended or replacement Service Order. SupportYourApp will use commercially reasonable efforts to process agreed plan changes promptly. The fee implications of any such change shall be as set out in the amended Service Order.

6.4 Temporary Suspension. SupportYourApp may suspend access to the Services (or any part thereof) if: (a) SupportYourApp reasonably believes the Client, Users, or End-Users have materially violated these Terms; (b) SupportYourApp suspects or detects Malicious Software connected to the Client's Account; or (c) the Client fails to pay undisputed Service Fees beyond the grace period in Section 7.1. Unless legally prohibited or immediate action is required, SupportYourApp will provide at least five (5) business days' written notice before suspension. Suspension shall not exceed sixty (60) days without SupportYourApp electing to reinstate access or proceed to termination under Section 6.5. Service Fees continue to accrue during suspension. SupportYourApp shall reinstate access within three (3) business days of the Client's written confirmation that the issue has been remedied. SupportYourApp may refer suspected fraudulent or illegal activity to law enforcement at its sole discretion.

6.5 Termination for Cause. (a) Either Party may terminate these Terms or any Service Order for cause upon thirty (30) days' prior written notice identifying the material breach, provided such breach remains uncured at the end of the notice period. (b) Either Party may terminate immediately upon written notice if the other Party becomes the subject of a petition in bankruptcy, insolvency, receivership, liquidation, or assignment for the benefit of creditors. (c) SupportYourApp may terminate these Terms or any Service Order immediately upon written notice, without a cure period, only in the following circumstances: (i) the Client fails to pay undisputed Service Fees within five (5) business days after written notice of delinquency; (ii) the Client materially breaches Section 3.3 (Restrictions) or Section 19 (Compliance and Use Restrictions); (iii) the Client's use of the Services infringes third-party intellectual property rights; or (iv) continued provision of the Services would violate applicable law, regulation, or court order. If the Client terminates these Terms under Section 6.5(a) due to SupportYourApp's uncured material breach, SupportYourApp will refund prepaid Service Fees covering the unused remainder of the then-current Subscription Term on a pro-rata basis. In no event shall termination relieve the Client of its obligation to pay Service Fees accrued prior to the effective date of termination. All fee consequences of termination are governed by Section 6.6.

6.6 Effect of Termination. Upon expiration or termination of these Terms or any Service Order: (a) all rights granted to the Client immediately cease; (b) the Client must cease all use of the Services and return or delete any SupportYourApp Confidential Information in its possession; (c) the Client shall pay all Service Fees accrued up to the effective date of termination; (d) if the Client cancels or terminates for any reason other than SupportYourApp's uncured material breach under Section 6.5(a), all Service Fees for the remainder of the then-current Subscription Term become immediately due and payable, and no refund shall be issued; and (e) if SupportYourApp terminates under Section 6.5(c), all remaining Subscription Term fees remain due. The Client may export Service Data in accordance with Section 6.7.

6.7 Export of Service Data. Upon the Client's written request, SupportYourApp will make Service Data available to the Client for export or download for thirty (30) days after the effective date of termination or expiration, except for Service Data that (i) has been deleted, (ii) was created or used in violation of these Terms, or (iii) is subject to a legal hold or court order. Thereafter, SupportYourApp will delete or irreversibly anonymise Service Data unless prohibited by applicable law or legal order. Upon the Client's written request, SupportYourApp shall provide written confirmation of deletion. Where Service Data constitutes Personal Data, deletion obligations are governed by the Data Processing Agreement.

7. PAYMENTS

7.1 Payment. Unless otherwise expressly set forth in these Terms or a Service Order, all Service Fees are due in full upon commencement of the Subscription Term. The Client is responsible for providing valid and current payment information and agrees to promptly update Account information with any changes that may occur. If the Client fails to pay Service Fees within five (5) business days of SupportYourApp's written notice that payment is delinquent, SupportYourApp may suspend access to the Services. As permitted by applicable law, SupportYourApp reserves the right to charge late payment interest on any past-due invoices not subject to a good faith dispute. The interest rate for late payment shall be the greater of: (i) three percent (3%) per month; (ii) the maximum statutory rate permitted under applicable law in the jurisdiction governing the relevant Service Order; or (iii) for Clients in the European Union or United Kingdom, the statutory late payment interest rate applicable under the EU Late Payment Directive (2011/7/EU) or equivalent national legislation. SupportYourApp may designate any of its Affiliates or group entities as the "Billing Entity" responsible for issuing invoices and collecting Service Fees under a given Service Order. The applicable Billing Entity will be identified in the relevant Service Order or invoice. A change in Billing Entity does not constitute a material change to these Terms and does not give the Client any right to terminate. The Client agrees to make payments to the designated Billing Entity without set-off or deduction on account of any claim against a different SupportYourApp entity. Wire transfer, ACH, and online payment processing platform fees relating to sums payable hereunder shall be borne by the Client.

7.2 Taxes. Unless otherwise stated, SupportYourApp's Service Fees do not include any Taxes. The Client is responsible for paying Taxes assessed in connection with the subscription to the Services.

8. CONFIDENTIAL INFORMATION

In connection with the Services, each Party will protect the other's Confidential Information from unauthorised use, access or disclosure in the same manner as each Party protects its own Confidential Information, but with no less than reasonable care. Except as otherwise expressly permitted pursuant to these Terms, each Party may use the other Party's Confidential Information solely to exercise its respective rights and perform its respective obligations under these Terms and shall disclose such Confidential Information only (a) to employees and/or non-employee service providers and contractors who have a need to know such Confidential Information and who are bound by terms of confidentiality intended to prevent its misuse; (b) as necessary to comply with an order or subpoena of any administrative agency or court of competent jurisdiction; or (c) as reasonably necessary to comply with any applicable law or regulation. The obligations set forth in this Section 8 shall continue during the term of these Terms and for a period of three (3) years following the termination or expiration of these Terms. Except for SupportYourApp's Non-Disclosure Agreement (where separately executed by the Client), the provisions of this Section 8 shall control over any non-disclosure agreement by and between the Parties, and any such non-disclosure agreement shall have no further force or effect with respect to the exchange of Confidential Information after the execution of these Terms. For clarity, any exchange of Confidential Information prior to the execution of these Terms shall continue to be governed by any such prior non-disclosure agreement. The Parties agree that any violation or threatened violation of this Section 8 may cause irreparable injury to the other Party, entitling that Party to seek injunctive or other equitable relief in addition to all other available legal remedies. Notwithstanding anything in this Section 8, where Confidential Information constitutes or contains Personal Data, the obligations of the Data Processing Agreement shall prevail over this Section 8 to the extent of any conflict.

9. SUB-PROCESSORS AND SECURITY OF SERVICE DATA

9.1 Sub-processors. SupportYourApp will utilise Sub-processors who will have access to or process Service Data to assist in providing the Services to the Client. The Client hereby confirms and provides general authorisation for SupportYourApp's use of the Sub-processors specified in the Sub-processors List. SupportYourApp shall be responsible for the acts and omissions of Sub-processors to the same extent as if SupportYourApp were performing those services directly under these Terms. The Client may sign up to receive notifications of any changes to the Sub-processors List.

9.2 Third-Party Service Providers. SupportYourApp may use third-party service providers that assist in providing the Services to the Client but do not have access to Service Data. Any such third-party service providers will be subject to confidentiality obligations substantially similar to those in Section 8. SupportYourApp shall be responsible for the acts and omissions of such third-party service providers to the same extent as if SupportYourApp were performing those services directly under these Terms.

9.3 Safeguards. SupportYourApp will maintain appropriate administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Service Data in accordance with the Data Processing Agreement.

9.4 Service Data Usage. SupportYourApp may access, process, anonymise, aggregate, and use Service Data to provide, secure, and improve the Services, including SupportCRM, SupportReply, and SupportVoice, and to train and improve its AI models and platform features. The Client's instruction to process Service Data under these Terms constitutes the documented processing instruction required under Article 28(3) GDPR and equivalent applicable data protection legislation. Once Service Data has been genuinely anonymised such that it cannot reasonably be re-identified by any means likely to be used by SupportYourApp, the Client, or any third party (taking into account singling out, linkability, and inference), such anonymised data falls outside the scope of applicable data protection law and SupportYourApp may process it as controller for its own purposes. Unless the Client opts out by election in the applicable Service Order, SupportYourApp may use pseudonymised Service Data for AI model training and product improvement. Notwithstanding the foregoing, SupportYourApp shall not share identifiable Personal Data with third-party AI providers for their own independent model development without the Client's express prior written consent documented in the Data Processing Agreement. The Client is solely responsible for the accuracy, content, and legality of all Service Data.

9.5 Data Processing Agreement. The Data Processing Agreement available at this link is incorporated by reference herein into these Terms. In the event of any conflict between the Data Processing Agreement and these Terms with respect to the processing of Personal Data, the Data Processing Agreement shall prevail.

10. THIRD PARTY SERVICES

If the Client decides to enable, access or use Third Party Services, the Client's access and use of such Third Party Services shall be governed solely by the terms and conditions of such Third Party Services. SupportYourApp does not endorse, is not responsible or liable for, and makes no representations as to any aspect of such Third Party Services, including without limitation their content or the manner in which they handle, protect, manage or process data (including Service Data), or any interaction between the Client and the provider of such Third Party Services. SupportYourApp cannot guarantee the continued availability of such Third Party Services features, and may cease enabling access to them without entitling the Client to any refund, credit or other compensation. The Client irrevocably waives any claim against SupportYourApp with respect to such Third Party Services. SupportYourApp is not liable for any damage or loss caused or alleged to be caused by or in connection with the Client's enablement, access or use of any such Third Party Services, or the Client's reliance on the privacy practices, data security processes or other policies of such Third Party Services. By enabling any Third Party Services, the Client is expressly permitting SupportYourApp to disclose the Client's login and Service Data to the provider of the Third Party Services as necessary to facilitate the use or enablement of such Third Party Services.

11. FREE TRIAL AND BETA SERVICES

11.1 Free Trial. A new Client may be entitled to a Free Trial. The Free Trial is subject to restrictions specified in the Service Order. SupportYourApp reserves the right to change the terms of the Free Trial at any time and/or suspend the Free Trial of any Client with or without cause.

11.2 Beta Services. SupportYourApp may introduce certain Services as either closed or open beta services during a trial and evaluation period known as "Beta Services" or as complimentary offerings labelled as "Free Services". Since Beta Services can be in various stages of development, the manner in which they operate and are used may be unpredictable. The Client acknowledges and agrees that, regardless of any conflicting terms in these Terms: (a) Beta Services have not undergone thorough testing; (b) the Client's utilisation of Beta Services is aimed at assessing and testing new features while providing feedback to SupportYourApp; (c) SupportYourApp is under no obligation to (i) further develop or launch Free Services or (ii) provide support for Free Services; (d) the Client assumes all risks associated with using Free Services; (e) SupportYourApp provides Free Services "AS IS" and makes no representations, warranties, indemnities, or guarantees of any sort; (f) the Client's liability under these Terms remains as specified herein; and (g) to the extent permitted by applicable law, SupportYourApp's total aggregate liability, as well as that of its suppliers, in relation to Beta Services, is explicitly capped at 100 USD for all damages, regardless of the nature of the claim or theory of liability. SupportYourApp retains the prerogative to completely or partially discontinue any of the Free Services, temporarily or permanently, at its discretion, with or without prior notice to the Client.

12. INTELLECTUAL PROPERTY RIGHTS

12.1 Intellectual Property Rights. Each Party shall retain all rights, title, and interest in its respective Intellectual Property Rights. The rights granted to the Client, Users, and End-Users to use the Services under these Terms do not convey any additional rights in the Services or in any Intellectual Property Rights of SupportYourApp. Subject only to the limited rights expressly stated herein, all rights, title, and interest in and to the Services, all software and other components used to provide the Services, and SupportYourApp's machine learning algorithms, AI models, voice AI systems, and automated response systems used in connection with SupportCRM, SupportReply, and SupportVoice, including all related Intellectual Property Rights, will remain with SupportYourApp and belong exclusively to SupportYourApp. With respect to Output: (a) as between the Parties, the Client shall own Output to the extent derived from the Client's own Service Data or Client Content submitted as input; (b) SupportYourApp retains all rights in the underlying models, algorithms, and systems used to generate Output; (c) the Client acknowledges that Output may not be unique and that SupportYourApp may generate similar Output for other clients; and (d) no rights in Output are granted to the Client beyond those expressly stated in these Terms or the applicable Service Order.

12.2 Ownership of Service Data. The Client shall retain ownership rights, including all Intellectual Property Rights, to all Service Data processed under the terms of these Terms.

12.3 Feedback. SupportYourApp shall have a fully paid-up, royalty-free, worldwide, transferable, sub-licensable (through multiple layers), assignable, irrevocable and perpetual licence to implement, use, modify, commercially exploit, incorporate into the Services or otherwise use any suggestions, enhancement requests, recommendations or other feedback regarding the Services that SupportYourApp receives from the Client, Users, End-Users, or other third parties acting on the Client's behalf. SupportYourApp also reserves the right to seek intellectual property protection for any features, functionality or components that may be based on or that were initiated by such feedback.

12.4 Use of SupportYourApp Marks. The Client may only use the SupportYourApp Marks in a manner permitted by SupportYourApp in writing.

12.5 Use of Client Marks and Marketing Rights. SupportYourApp and the Client agree to the following framework governing the use of each Party's Marks and participation in marketing activities in connection with these Terms.

12.5.1 Logo and Name Listing. Unless the Client opts out by written notice to SupportYourApp, SupportYourApp may use the Client's name and logo solely for the purpose of identifying the Client as a user of SupportYourApp's services on SupportYourApp's website, in presentations, pitch decks, investor materials, and marketing and advertising materials, including digital and print advertisements, social media content, and promotional campaigns. Such use shall be consistent with the Client's then-current brand guidelines where made available to SupportYourApp in writing, and shall reflect positively on the Client's reputation and brand. The Client may withdraw this permission at any time by written notice to SupportYourApp, whereupon SupportYourApp shall cease all new uses of the Client Marks within thirty (30) days of receipt. SupportYourApp shall not be required to remove or retract materials lawfully published or distributed prior to receipt of such notice.

12.5.2 Aggregated Performance Marketing. SupportYourApp may use anonymised, aggregated platform performance data derived from its client base (including data attributable to the Client's use, where not identifiable to the Client individually) for marketing purposes, including benchmark reports, published statistics, product positioning, and investor materials. No individual client shall be identifiable in any such published output without that client's express prior written consent. This right is separate from and in addition to SupportYourApp's rights under Section 9.4.

12.5.3 Case Studies.SupportYourApp may request the Client's participation in a written, video, or audio case study. Any case study that identifies the Client by name or in a manner that makes the Client reasonably identifiable requires the Client's prior written consent. SupportYourApp shall submit the proposed case study content to the Client for review. Where the Client participates, the Client warrants that any metrics, outcomes, or statements provided by the Client or approved by the Client for inclusion are accurate to the best of the Client's knowledge at the time of approval. SupportYourApp shall not materially alter approved case study content without the Client's further written consent.

12.5.4 Testimonials and Attributed Quotes. SupportYourApp may request a testimonial or attributed quote from the Client or a named individual at the Client organisation. Any use of an attributed quote requires the prior written consent of both the Client and the named individual. SupportYourApp shall obtain and retain evidence of such dual consent. If the named individual ceases to be employed by or associated with the Client, SupportYourApp shall cease new uses of that individual's attributed quote within thirty (30) days of receiving written notice from the Client, but shall not be required to retract or remove materials already published or distributed prior to receipt of such notice.

12.5.5 Use of SupportYourApp Marks by Client. The Client may only use the SupportYourApp Marks in a manner expressly approved by SupportYourApp in writing. SupportYourApp shall respond to any reasonable written request for brand usage approval within fifteen (15) business days. Approved uses shall be consistent with SupportYourApp's then-current brand guidelines as communicated to the Client.

13. REPRESENTATIONS, WARRANTIES AND DISCLAIMERS

13.1 Representations and Warranties. Each Party represents and warrants to the other that (a) these Terms have been duly executed and delivered and constitute a valid and binding agreement enforceable against such Party in accordance with their terms; (b) no authorisation or approval from any third party is required in connection with such Party's execution, delivery or performance of these Terms; and (c) the execution, delivery and performance of these Terms do not and will not violate the terms or conditions of any other agreement to which it is a party or by which it is otherwise bound.

13.2 SupportYourApp Representations and Warranties. SupportYourApp represents and warrants that during an applicable Subscription Term (a) these Terms will accurately describe the applicable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Service Data; and (b) the Services will perform materially in accordance with these Terms. For any breach of a warranty in this Section, the Client's exclusive remedies are those described in Section 6.5 herein. The warranties herein do not apply to any misuse or unauthorised modification of the Services made by the Client, its Users or its End-Users.

13.3 Disclaimers. EXCEPT AS SPECIFICALLY SET FORTH IN SECTIONS 13.2 AND 4.9, THE WEBSITE AND THE SERVICES, INCLUDING ALL SERVER AND NETWORK COMPONENTS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND SUPPORTYOURAPP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. THE CLIENT ACKNOWLEDGES THAT SUPPORTYOURAPP DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE, AND NO INFORMATION OR ADVICE OBTAINED BY THE CLIENT FROM SUPPORTYOURAPP OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. WITH RESPECT TO OUTPUT GENERATED BY AI SERVICES, SUPPORTREPLY, OR SUPPORTVOICE, THE SPECIFIC DISCLAIMERS IN SECTION 4.9 AND APPENDIX B (WHERE APPLICABLE) APPLY AND ARE INCORPORATED HEREIN BY REFERENCE.

14. INDEMNIFICATION

14.1 Indemnification by SupportYourApp.

SupportYourApp will indemnify and defend the Client from and against any claim brought by a third party against the Client alleging that the Client's use of a Service as permitted hereunder infringes or misappropriates a third party's valid patent, copyright, trademark or trade secret (an "IP Claim"). SupportYourApp shall, at SupportYourApp's expense, defend such IP Claim and pay damages finally awarded against the Client in connection therewith, including reasonable fees and expenses of attorneys engaged by SupportYourApp for such defence, provided that (a) the Client promptly notifies SupportYourApp of the threat or notice of such IP Claim; (b) SupportYourApp will have sole, exclusive control and authority to select defence attorneys, defend and/or settle any such IP Claim (however, SupportYourApp shall not settle or compromise any claim that results in liability or admission of any liability by the Client without the Client's prior written consent); and (c) the Client fully cooperates with SupportYourApp in connection therewith. If use of a Service by the Client, Users or End-Users has become, or in SupportYourApp's opinion is likely to become, the subject of any such IP Claim, SupportYourApp may, at SupportYourApp's option and expense (i) procure for the Client the right to continue using the Service(s) as set forth hereunder; (ii) replace or modify a Service to make it non-infringing; or (iii) if options (i) or (ii) are not commercially reasonable or practicable as determined by SupportYourApp, terminate the Client's subscription to the Service(s) and repay the Client, on a pro-rata basis, any Service Fees paid to SupportYourApp for the unused portion of the Client's Subscription Term for such Service(s). SupportYourApp will have no liability or obligation under this Section 14.1 with respect to any IP Claim if such claim is caused in whole or in part by (x) compliance with designs, data, instructions or specifications provided by the Client; (y) modification of the Service(s) by anyone other than SupportYourApp or SupportYourApp Personnel; or (z) the combination, operation or use of the Service(s) with other hardware or software where a Service would not by itself be infringing. The provisions of this Section 14.1 state the sole, exclusive and entire liability of SupportYourApp to the Client and the Client's sole remedy with respect to an IP Claim brought by reason of access to or use of a Service by the Client, Users or End-Users.

14.2 Indemnification by the Client. The Client will indemnify, defend, and hold SupportYourApp harmless against any claim brought by a third party against SupportYourApp: (a) arising from or related to the Client's, Users', or End-Users' use of a Service in breach of these Terms (and not arising solely from the Service itself); or (b) alleging that the Client Marks or Service Data infringes or misappropriates a third party's valid patent, copyright, trademark, or trade secret; provided that (i) SupportYourApp promptly notifies the Client of the threat or notice of such claim; (ii) the Client will have sole and exclusive control to select defence attorneys and to defend and/or settle any such claim (provided the Client shall not settle any claim resulting in liability or admission of liability by SupportYourApp without SupportYourApp's prior written consent); and (iii) SupportYourApp fully cooperates with the Client in connection therewith.

15. LIMITATION OF LIABILITY

15.1 Exclusion of Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE) SHALL EITHER PARTY TO THESE TERMS, OR THEIR RESPECTIVE AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, SUPPLIERS OR LICENSORS, BE LIABLE TO THE OTHER PARTY OR ITS AFFILIATES FOR ANY LOST PROFITS, LOST SALES OR BUSINESS, LOST DATA (WHERE SUCH DATA IS LOST IN THE COURSE OF TRANSMISSION VIA THE CLIENT'S SYSTEMS OR OVER THE INTERNET THROUGH NO FAULT OF SUPPORTYOURAPP), BUSINESS INTERRUPTION, LOSS OF GOODWILL, COSTS OF COVER OR REPLACEMENT, OR FOR ANY OTHER TYPE OF INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGES, OR FOR ANY OTHER INDIRECT LOSS OR DAMAGES INCURRED BY THE OTHER PARTY OR ITS AFFILIATES IN CONNECTION WITH THESE TERMS OR THE SERVICES, REGARDLESS OF WHETHER SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN SUCH DAMAGES.

15.2 Limitation of Liability. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, SUPPORTYOURAPP'S AGGREGATE LIABILITY TO THE CLIENT, ITS AFFILIATES, OR ANY THIRD PARTY ARISING OUT OF THESE TERMS OR THE SERVICES SHALL IN NO EVENT EXCEED THE SERVICE FEES PAID BY THE CLIENT DURING THE TWELVE (12) MONTHS PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE ESSENTIAL PURPOSE OF THIS SECTION IS TO ALLOCATE RISKS BETWEEN THE PARTIES AND LIMIT POTENTIAL LIABILITY GIVEN THE SERVICE FEES. THE AGGREGATE LIABILITY CAP SHALL NOT APPLY TO: (A) CLAIMS OR DAMAGES RESULTING FROM SUPPORTYOURAPP'S IP INDEMNITY OBLIGATIONS IN SECTION 14.1; OR (B) SUPPORTYOURAPP'S LIABILITY ARISING FROM A CONFIRMED PERSONAL DATA BREACH CAUSED SOLELY BY SUPPORTYOURAPP'S FAILURE TO MAINTAIN THE SECURITY SAFEGUARDS REQUIRED UNDER THE DATA PROCESSING AGREEMENT, PROVIDED THAT SUPPORTYOURAPP'S TOTAL LIABILITY FOR SUCH DATA BREACH CLAIMS SHALL NOT EXCEED TWO (2) TIMES THE SERVICE FEES PAID BY THE CLIENT IN THE TWELVE (12) MONTHS PRIOR TO THE INCIDENT.

15.3 Aggregate Cap. The liability caps in Section 15.2 apply in aggregate to any and all claims by the Client and its Affiliates across all causes of action arising under or in connection with these Terms, and shall not be cumulative. The caps represent SupportYourApp's maximum total exposure regardless of the number or nature of claims brought.

15.4 Jurisdiction-specific Exclusions. Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply to the Client. IN THESE JURISDICTIONS, SUPPORTYOURAPP'S LIABILITY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16. GOVERNING LAW AND JURISDICTION

In the event of a dispute, the parties shall first attempt to resolve the matter amicably through mutual negotiations within thirty (30) days of written notice. These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. Any dispute that cannot be resolved by amicable negotiation within such thirty (30) day period shall be finally resolved by the state or federal courts located in Wilmington, Delaware, and each Party irrevocably submits to the exclusive jurisdiction of such courts. The United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention of 1980) shall not apply to these Terms. Notwithstanding the foregoing, either Party may seek interim injunctive or equitable relief from any court of competent jurisdiction without waiving the right to have the underlying dispute resolved in accordance with this Section.

17. RELATIONSHIP OF THE PARTIES

The parties will act solely as independent contractors. These Terms shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the Client and SupportYourApp, and the Client shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms are not for the benefit of any third parties.

18. SEVERABILITY

If any term, condition or provision of these Terms is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.

19. COMPLIANCE AND USE RESTRICTIONS

The Services and other SupportYourApp technology, and derivatives thereof, may be subject to export controls and economic sanctions laws and regulations of the United States and other jurisdictions. The Client agrees to comply with all such laws and regulations as they relate to the access to and use of the Services. Each Party represents that it is not named on any U.S. government restricted-party list, and the Client will not permit any User or End-User to: (a) access or use any Service in a U.S.-embargoed or sanctioned country or region; (b) access or use any Service if the Client, User, or End-User is named on any applicable restricted-party list; (c) place any information in the Services controlled under U.S. International Traffic in Arms Regulations or similar laws; or (d) access or use any Service for any purpose prohibited by applicable import and export laws. SupportYourApp reserves the right to refuse to enter into or terminate a contractual relationship with any entity on the basis of export control restrictions, embargoes, or sanctions to the extent permitted by law.

20. ENTIRE AGREEMENT

These Terms, together with the applicable Service Order(s), the Data Processing Agreement, and any Supplemental Terms, constitute the entire agreement between the Client and SupportYourApp regarding the Client's use of the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter.

21. MODIFICATIONS TO TERMS

SupportYourApp reserves the right to modify these Terms at any time. For administrative or legally required modifications, SupportYourApp shall provide at least fourteen (14) days' notice by posting updated Terms on the Website. For modifications that materially and adversely affect the Client's rights or obligations, SupportYourApp shall provide at least thirty (30) days' prior written notice by email to the Client's designated contact. If the Client objects to any material modification, the Client may, within such thirty (30) day period, terminate the affected Service Order(s) without liability for remaining Subscription Term fees by providing written notice of objection and termination within that period. Continued use of the Services after the effective date of any modification constitutes acceptance. Disputes shall be governed by the Terms in effect at the time the relevant dispute arose.

22. ASSIGNMENT

Except as permitted herein, neither party may, directly or indirectly, by operation of law or otherwise, assign all or any part of these Terms or rights under these Terms, or delegate performance of its duties under these Terms, without the written prior consent of the other party, which consent will not be unreasonably withheld. Notwithstanding the foregoing: (a) subject to Section 3.5 herein, the Client may, without SupportYourApp's consent, assign these Terms to an Affiliate or in connection with any merger or change of control of the Client or the sale of all or substantially all of the Client's assets, provided that any such successor agrees to fulfil its obligations pursuant to these Terms; and (b) SupportYourApp may assign these Terms without the Client's consent to any Affiliate or in connection with any merger or change of control of SupportYourApp or the sale of all or substantially all of SupportYourApp's assets, provided that any such successor agrees to fulfil its obligations pursuant to these Terms. Subject to the foregoing, these Terms will be fully binding upon, inure to the benefit of, and be enforceable by the Parties and their respective successors and assigns.

23. NO WAIVER

Failure of either Party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.

24. NOTICES

All notices under these Terms will be in writing and deemed given: (i) on personal delivery; (ii) the first business day after sending by email; (iii) the first business day after being sent by an internationally recognised overnight delivery service; or (iv) on receipt after being sent by certified or registered mail, return receipt requested. Unless otherwise provided in these Terms, notices to SupportYourApp shall be sent: (a) by email to the address specified in the applicable Service Order; or (b) by mail, to SupportYourApp, Inc., 221 W 10th Street, 4th Floor, Suite 122, Wilmington, DE 19801, USA. SupportYourApp will provide notices to the Client in writing to the contact details specified in the applicable Service Order.

25. SURVIVAL

Sections 1, 3.1, 3.3, 4, 5.1, 6.5, 6.6, 6.7, 7.2, 8, 9, 12, 14–25 shall survive termination of these Terms with respect to use of the Services by the Client, Users, or End-Users. Termination of these Terms shall not limit a Party's liability for obligations accrued as of or prior to termination or for any breach of these Terms.

APPENDIX A — Supplemental Terms: Telephony Services

Effective date: April 8, 2026

These Supplemental Terms ("Telephony Supplemental Terms") are incorporated by reference into the Service Order and form part of the Terms. By signing the Service Order, the Client agrees to be bound by these Telephony Supplemental Terms.

These Telephony Supplemental Terms govern the Client's use of Telephony Services provided as part of the Services. Provisions governing AI Services are set out in Section 4 of the main Terms of Use and, for SupportVoice specifically, in Appendix B. Modifications to these Telephony Supplemental Terms are subject to the notice requirements in Section 21 of the main Terms of Use. The Client's continued use of the Telephony Services following the effective date of any modification constitutes acceptance of the updated Telephony Supplemental Terms.

1. DEFINITIONS

The following defined terms apply throughout these Telephony Supplemental Terms. Capitalised terms not defined herein shall have the meanings given to them in the Terms.

"Communication Providers" means third-party telephony and communications infrastructure providers, including but not limited to Twilio Inc. and AVOXI Inc., or any of their affiliated entities.

"Emergency Calls" means calls made to suicide prevention hotlines, emergency services (such as 911, 112, 999), or any other public safety answering points.

"Telephony Services" means the inbound and outbound voice, SMS, or other telecommunications features provided as part of the Services.

2. NATURE OF TELEPHONY SERVICES AND THIRD-PARTY PROVIDERS

2.1 Third-Party Infrastructure. The Client acknowledges and agrees that Telephony Services are delivered through interfaces with infrastructure and services offered by Communication Providers.

2.2 Provider Terms. The Client agrees that the use of Telephony Services is governed not only by the Terms and these Telephony Supplemental Terms but also by the specific terms, conditions, and acceptable use policies established by the respective Communication Providers, as made available on their websites.

3. PERMITTED USE AND USE RESTRICTIONS

3.1 Client as Call Initiator. The Client acknowledges that, as between the Client and SupportYourApp, the Client or its Users are the sole initiators and senders of any call or message transmitted through the Client's Account, regardless of whether such transmission is initiated manually or through automation.

3.2 Emergency Calls Prohibition. Telephony Services are not designed for, capable of, or licensed to support or transmit Emergency Calls. The Client must not use the Telephony Services for Emergency Calls. SupportYourApp and the Communication Providers shall not be held liable for any claims, damages, or losses arising from or related to the inability of the Client, Users, or End-Users to make Emergency Calls, or any test Emergency Calls made by the Client or Users. The Client hereby explicitly waives any and all such claims or causes of action.

5. DATA PRIVACY AND SECURITY

The Client agrees that any data processed through Telephony Services is subject to the privacy and security practices outlined in SupportYourApp's Data Processing Agreement. The Client remains solely responsible for maintaining the confidentiality of any data processed or stored through the Telephony Services, in compliance with applicable data protection laws.

6. SUSPENSION OF ACCESS

6.1 Operational Interruptions. SupportYourApp reserves the right to suspend or limit access to Telephony Services for maintenance, upgrades, or other operational reasons. The Client acknowledges that Telephony Services may experience occasional disruptions, and SupportYourApp shall not be held liable for such interruptions.

6.2 Upstream and Compliance Suspensions. In the event of an actual or suspected breach of the Terms, these Telephony Supplemental Terms, the Communication Providers' terms, or any applicable policies or laws, SupportYourApp reserves the right, at its sole discretion, to suspend or terminate the Client's access to Telephony Services immediately and without prior notice.

7. CLIENT INDEMNIFICATION OBLIGATIONS

The Client will defend, indemnify, and hold harmless SupportYourApp, its Affiliates, employees, agents, and partners (including Communication Providers) from and against any third-party claims, damages, liabilities, losses, or expenses (including reasonable legal fees) arising from or related to the Client's use of Telephony Services, including without limitation any violation of applicable telecommunications laws, recording laws, or regulations.

8. LIMITATION OF LIABILITY AND WARRANTIES

8.1 Disclaimer of Warranties. THE CLIENT ACKNOWLEDGES AND AGREES THAT SUPPORTYOURAPP MAKES NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, REGARDING THE CLIENT'S USE OF TELEPHONY SERVICES.

8.2 Exclusion of Damages. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SUPPORTYOURAPP, ITS AFFILIATES, PARTNERS, EMPLOYEES, AND AGENTS DISCLAIM ANY AND ALL LIABILITY FOR ANY DAMAGES, LOSSES, OR CLAIMS ARISING FROM OR RELATED TO THE CLIENT'S USE OF TELEPHONY SERVICES, WHETHER DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR OTHERWISE.

APPENDIX B — Supplemental Terms: SupportVoice

Effective date: April 8, 2026

These Supplemental Terms ("SupportVoice Supplemental Terms") are incorporated by reference into the Service Order and form part of the Terms. By signing the Service Order, the Client agrees to be bound by these SupportVoice Supplemental Terms.

These SupportVoice Supplemental Terms govern the access to and use of SupportVoice, which incorporates third-party AI voice generation technology provided by ElevenLabs. These SupportVoice Supplemental Terms supersede Sections 4.3, 4.4, and 4.5 of the Terms with respect to SupportVoice; Sections 4.6 and 4.9 of the Terms continue to apply.

1. DEFINITIONS

The following defined terms apply throughout these SupportVoice Supplemental Terms. Capitalised terms not defined herein shall have the meanings given to them in the Terms.

"Bundled Service" means SupportVoice as delivered by SupportYourApp as part of the SupportCRM platform, in which the ElevenLabs technology is integrated and cannot be used independently of SupportYourApp's platform.

"ElevenLabs" means Eleven Labs Inc., a Delaware corporation, provider of the AI voice generation technology incorporated within SupportVoice.

"ElevenLabs Prohibited Use Policy" means ElevenLabs' then-current policy governing prohibited uses of its services, as updated from time to time, available at https://elevenlabs.io/use-policy.

"Government Entity" means any federal, state, provincial, regional, municipal, or local government or governmental body, authority, or agency, and any government-owned or controlled organisation performing public or governmental functions.

"Input" means any content, data, voice recordings, or other information submitted to SupportVoice by the Client or End-Users in connection with the use of the Bundled Service. For the purposes of these SupportVoice Supplemental Terms, Input constitutes Service Data as defined in the Terms.

"Output" means any text, audio, or other content generated by SupportVoice in response to Input, including synthesised voice responses and conversational AI outputs.

"Voice Data" means any audio recordings, voice samples, or voice-derived data processed through SupportVoice, whether submitted as Input or generated as Output.

2. NATURE OF SUPPORTVOICE AND THIRD-PARTY PROVIDER

2.1 Third-Party Technology. SupportVoice incorporates AI voice generation technology provided by ElevenLabs as a third-party technology provider. SupportYourApp operates as an authorised OEM partner of ElevenLabs and makes SupportVoice available to the Client as part of the Bundled Service. The ElevenLabs technology is integrated within the Bundled Service and is not made available to the Client as a standalone product.

2.2 ElevenLabs as Third-Party Beneficiary. The Client acknowledges and agrees that ElevenLabs is an express third-party beneficiary of these SupportVoice Supplemental Terms. ElevenLabs has the right to enforce these SupportVoice Supplemental Terms directly against the Client.

2.3 Data Processing Structure and Sub-processor Authorisation. The Client acts as a controller and SupportYourApp acts as a processor in respect of any Personal Data processed through SupportVoice, which may include Voice Data. ElevenLabs acts as a Sub-processor, engaged by SupportYourApp to process Voice Data on SupportYourApp's instructions in connection with the provision of the Bundled Service. Processing of Personal Data through SupportVoice is subject to the Data Processing Agreement between SupportYourApp and the Client. SupportYourApp has entered into appropriate data processing terms with ElevenLabs governing ElevenLabs' processing activities as Sub-processor. The Client's acceptance of these SupportVoice Supplemental Terms constitutes the Client's authorisation of ElevenLabs' engagement as Sub-processor for the purposes of the Data Processing Agreement and applicable data protection law, supplementing the general Sub-processor authorisation in Section 9.1 of the Terms. ElevenLabs is included in the Sub-processors List referred to in Section 9.1 of the Terms. Where any conflict arises between the Data Processing Agreement and these SupportVoice Supplemental Terms with respect to Personal Data, the Data Processing Agreement shall prevail.

3. PERMITTED USE AND USE RESTRICTIONS

3.1 Permitted Use. Subject to compliance with these SupportVoice Supplemental Terms and the Terms, the Client is permitted to: (a) access and use SupportVoice solely as part of the Bundled Service for the Client's own internal business operations; and (b) use SupportVoice to interact with its End-Users solely in connection with providing customer support services to them, in accordance with the use case specified in the applicable Service Order.

3.2 Use Restrictions. The following restrictions apply to SupportVoice specifically, in addition to the general restrictions set out in the Terms. The Client must not: (a) make SupportVoice or the Bundled Service available to any third party who will itself make SupportVoice or the Bundled Service available to others; (b) access or attempt to access the ElevenLabs API, credentials, or endpoints independently of SupportYourApp's platform; (c) use SupportVoice for any purpose that violates the ElevenLabs Prohibited Use Policy, as updated from time to time; (d) use SupportVoice to process protected health information as defined under HIPAA without a separately executed Business Associate Agreement; (e) make SupportVoice available to any Government Entity without SupportYourApp's prior written consent; or (f) publicly disclose that SupportVoice incorporates ElevenLabs technology without SupportYourApp's prior written approval. The Client is not an agent, partner, or representative of ElevenLabs and must not hold itself out as such. The Client must clearly and prominently disclose to its End-Users that they are interacting with AI rather than a human. The Client must not represent, or permit representation, that any AI-generated voice Output produced by SupportVoice is the voice of a human agent.

4. CLIENT'S INPUT AND DATA PROCESSING GRANT

As between SupportYourApp and the Client, the Client retains all rights it has in Input submitted to SupportVoice. The Client acknowledges that, as part of the Sub-processing arrangement described in Section 2.3, SupportYourApp will share Input with ElevenLabs to the extent necessary for ElevenLabs to provide the underlying AI voice technology. ElevenLabs processes such Input on SupportYourApp's instructions under the data processing terms between SupportYourApp and ElevenLabs. The Client grants ElevenLabs and its affiliates and sub-contractors a non-exclusive right to process and use Input to provide and support SupportVoice and the Bundled Service. SupportYourApp will configure its applicable ElevenLabs account settings to opt out of the use of Input for ElevenLabs' machine learning and AI model training.

6. SUSPENSION OF ACCESS

6.1 ElevenLabs Suspension Rights. The Client acknowledges that ElevenLabs retains the right to suspend or limit access to the AI voice technology underlying SupportVoice if ElevenLabs determines, in its sole discretion, that continued use may result in harm to ElevenLabs' services or other customers. ElevenLabs will notify SupportYourApp of any such suspension, and SupportYourApp will use reasonable efforts to promptly notify the Client.

6.2 Upstream-Triggered Suspension. In addition to SupportYourApp's general suspension rights under Section 6.4 of the Terms, SupportYourApp may suspend the Client's access to SupportVoice immediately and without prior notice if ElevenLabs suspends or terminates SupportYourApp's access to the underlying AI voice technology, or if continued access creates a risk of harm to ElevenLabs, other clients, or third parties.

7. GOVERNMENT ENTITY RESTRICTION

The Client must not deploy or make available SupportVoice in connection with any Government Entity without SupportYourApp's prior written consent. Where a contemplated use of SupportVoice involves a Government Entity, the Client must notify SupportYourApp during the sales intake process. SupportYourApp will seek the necessary consent from ElevenLabs and confirm to the Client whether deployment may proceed. Deployment to a Government Entity without the required consent constitutes a material breach of these SupportVoice Supplemental Terms and may result in immediate termination of the Client's access to SupportVoice in accordance with Section 6.5 of the Terms.

8. CLIENT INDEMNIFICATION OBLIGATIONS

The Client's indemnification obligations under Section 14.2 of the Terms apply in full to claims arising in connection with SupportVoice. Without limiting the foregoing, the Client shall defend, indemnify, and hold harmless each of SupportYourApp and ElevenLabs, and their respective officers, directors, employees, agents, and Sub-processors, from and against any and all losses, liabilities, claims, demands, damages, costs, and expenses (including reasonable legal fees) arising out of or in connection with: (a) any claim that Input or Voice Data submitted by the Client or End-Users infringes the Intellectual Property Rights or privacy rights of any third party, where such claim arises from the Client's failure to hold the rights necessary to submit such Input or to obtain the required consents; (b) the Client's failure to obtain required consents and authorisations under Section 5; (c) any violation of the ElevenLabs Prohibited Use Policy by the Client or any End-User; and (d) the Client's use of SupportVoice in connection with a Government Entity without required consent. The indemnification procedure in Section 14.2 of the Terms applies to all claims under this Section 8. Where ElevenLabs is the indemnified party, the procedure in Section 14.2 applies mutatis mutandis with ElevenLabs substituted for SupportYourApp. Notwithstanding anything to the contrary in the Terms, the Client's indemnification obligations under this Section 8 shall not be subject to any limitation of liability or liability caps set forth in the Terms.

9. LIMITATION OF LIABILITY AND WARRANTIES

9.1 Limitation of Liability. SupportYourApp's aggregate liability to the Client arising out of or in connection with SupportVoice shall not exceed the cap set out in Section 15.2 of the Terms, calculated by reference to the Service Fees paid by the Client for SupportVoice in the twelve (12) months immediately preceding the event giving rise to the claim. The exclusions in Section 15.1 of the Terms apply in full to all claims arising out of or in connection with SupportVoice, including claims relating to any failure or action by ElevenLabs as upstream provider.

9.2 Disclaimer of Additional Warranties. SupportYourApp makes no representations or warranties to the Client regarding the functionality or performance of SupportVoice or the underlying ElevenLabs technology that conflict with the Terms or these SupportVoice Supplemental Terms.

10. AUDIT AND COMPLIANCE COOPERATION

The Client must: (a) cooperate with any compliance verification exercise conducted by SupportYourApp or, where required under SupportYourApp's agreement with ElevenLabs, by ElevenLabs or its designated third-party auditor, strictly to the extent it concerns the Client's use of SupportVoice and compliance with these SupportVoice Supplemental Terms; (b) provide relevant documentation, records, or access as reasonably requested in connection with any such audit, within ten (10) business days of written request; (c) promptly notify SupportYourApp of any breach or suspected breach of these SupportVoice Supplemental Terms or the ElevenLabs Prohibited Use Policy of which the Client becomes aware; and (d) maintain records sufficient to demonstrate compliance with the consent obligations in Section 5 for a minimum of three (3) years. This Section 10 shall survive termination or expiry of the Client's access to SupportVoice for a period of three (3) years.

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