Inkbox

" Your mobile information (including your mobile phone number, SMS opt-in status, and SMS consent records) will not be sold, rented, leased, or shared with any third parties for promotional or marketing purposes. This no-sale, no-sharing commitment applies regardless of whether money or other consideration changes hands, and it applies to all categories of transfer, including “sale” and “sharing” as those terms are defined under applicable U.S. state privacy laws. All of the categories of Personal Data described elsewhere in this Privacy Policy exclude SMS originator opt-in data and SMS consent; this mobile opt-in and consent information is not shared with any third parties for promotional or marketing purposes. We may share your mobile phone number and SMS-related data only with service providers that help us deliver SMS messages on our behalf, for example, our telephony and messaging provider, downstream mobile network operators and phone companies, and other vendors whose services are necessary to route and deliver the SMS messages you have opted in to receive. These providers are contractually restricted to processing this data solely to deliver our messaging services and may not use it for their own advertising, marketing, or promotional purposes. We may also disclose mobile information where required to do so by law, court order, or other legal process, to investigate or prevent fraud or abuse of the Services, or as part of a business transfer described in the “Business Transferees” entry in the “How We Disclose Personal Information” section above."

" You will not violate any applicable law, contract, intellectual property right or other third-party right or commit a tort, and you are solely responsible for your conduct while using our Services. In addition, you will not: engage in any harassing, threatening, intimidating, predatory, or stalking conduct; use or attempt to use another user’s account without authorization from that user and us; impersonate any person or entity or otherwise misrepresent your affiliation with any person or entity; sell, resell, sublicense, or otherwise make the Services available to third parties, except as expressly permitted by these Terms or otherwise authorized by Inkbox in writing; use the Services to create a competing service, product, or platform, even if you only use that other service internally; copy, reproduce, distribute, publicly perform, or publicly display all or portions of our Services, except as expressly permitted by us or our licensors; modify our Services, remove any proprietary rights notices or markings, or otherwise make any derivative works based upon our Services; use our Services other than for their intended purpose or in any manner that could interfere with, disrupt, negatively affect, inhibit, damage, disable, overburden, or impair the Services; reverse engineer any aspect of our Services or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Services; attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Services that you are not authorized to access; use any data mining, robots, or similar data gathering or extraction methods designed to scrape or extract data from our Services; access or use the Services"

" through any application, AI agent, integration, automation, script, or other system in a manner that violates these Terms, the documentation, or any usage limits or technical restrictions we make available; send, distribute, or post spam, unsolicited or bulk commercial electronic communications, chain letters, or pyramid schemes; use the Services to make, initiate, send, transmit, or facilitate unlawful, fraudulent, misleading, abusive, harassing, or unlawfully unsolicited calls, text messages, emails, or other communications; use the Services to engage in phishing, credential harvesting, social engineering, fraud, impersonation, or deceptive practices; use the Services to record, transcribe, monitor, or analyze any communication without all notices, consents, and lawful bases required by applicable law; use the Services in violation of any applicable telemarketing, telephone communications, text messaging, email, anti-spam, call recording, privacy, data protection, consumer protection, or marketing law; use the Services to contact emergency services or for any emergency, life-safety, or mission-critical purpose; probe, scan, test, or attempt to assess the vulnerability of the Services or any Inkbox system or network, except as expressly authorized by Inkbox in writing; introduce viruses, malware, worms, Trojan horses, corrupted data, or other harmful, disruptive, or destructive code, files, scripts, agents, or programs; share, disclose, or make available API keys, tokens, credentials, or other access credentials except to authorized users or systems under your control; use the Services or their outputs to develop, train, or fine-tune any AI or machine learning model that competes with the Services, except that Customer may use its own Customer Data to train"

" TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INKBOX AND THE OTHER INKBOX PARTIES WILL NOT BE LIABLE TO CUSTOMER UNDER ANY THEORY OF LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, SPECIAL, OR ENHANCED DAMAGES, OR FOR ANY LOST PROFITS, LOST REVENUE, LOST BUSINESS, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, EVEN IF INKBOX OR THE OTHER INKBOX PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF INKBOX AND THE OTHER INKBOX PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, REGARDLESS OF THE FORM OF THE ACTION, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID OR PAYABLE BY CUSTOMER TO INKBOX FOR THE SERVICES GIVING RISE TO THE CLAIM IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) $100. THE LIMITATIONS SET FORTH IN THIS SECTION 15 WILL NOT LIMIT OR EXCLUDE LIABILITY FOR THE GROSS NEGLIGENCE, FRAUD, OR INTENTIONAL MISCONDUCT OF INKBOX OR THE OTHER INKBOX PARTIES, OR FOR ANY OTHER MATTERS IN WHICH LIABILITY CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO CUSTOMER."

" You and Inkbox agree that, to the fullest extent permitted by law, (1) each party may bring claims against the other only in their individual capacity—not as a plaintiff, claimant, or class member in any class, collective, consolidated, private attorney general, or representative proceeding, whether in court or in arbitration; (2) neither party may bring a claim on behalf of a class or group, or on behalf of any other person (unless acting as a parent, guardian, or ward of a minor or someone who cannot bring their own claim); (3) neither party may participate in any class, collective, consolidated, private attorney general, or representative proceeding brought by a third party—except that you and Inkbox may participate in a class-wide settlement; and (4) both parties waive the right to a jury trial. This class action waiver is intended to be enforceable to the fullest extent permitted by law, regardless of the enforceability of the arbitration provision itself. The jury trial waiver remains in effect even if the arbitration provision is found unenforceable. If this waiver is found unenforceable for a particular claim, that claim shall proceed in court after all arbitrable claims are resolved in arbitration. This Class Action Waiver and Jury Trial Waiver will survive the termination of these Terms and your relationship with Inkbox."

" “ Customer Data ” means any data, content, communications, messages, call transcripts, recordings, emails, text messages, files, prompts, inputs, instructions, configurations, contact information, and other materials submitted to, transmitted through, generated through, or otherwise processed by the Services by or on behalf of Customer, including through Customer’s users, applications, AI agents, integrations, or account credentials. As between the parties, Customer retains all right, title, and interest in and to Customer Data. Customer hereby grants Inkbox a nonexclusive, worldwide, royalty-free license to access, use, host, copy, process, transmit, display, disclose, and otherwise handle Customer Data as necessary to provide, operate, maintain, secure, support, troubleshoot, analyze, improve, and develop the Services, comply with applicable law, enforce these Terms, and exercise Inkbox’s rights under these Terms. Inkbox’s processing of Personal Information on behalf of Customer is subject to the DPA. Customer represents and warrants that Customer has all rights, licenses, consents, permissions, notices, and authorizations necessary to provide Customer Data to the Services and to permit Inkbox to process Customer Data as contemplated by these Terms. Customer is solely responsible for Customer Data, including its accuracy, quality, legality, and appropriateness, and for the means by which Customer collects, obtains, provides, uses, and otherwise processes Customer Data. "

" Cookies Cookies are pieces of information stored directly on the device that you are using and allow us to collect information such as browser type, time spent on the Services, pages visited, language preferences, and other traffic data. We and our service providers may use the information for security purposes, to facilitate navigation, display information more effectively, conduct analytics, and personalize your experience. We do not currently respond to browser do-not-track signals. You can read more information about cookies at http://www.allaboutcookies.org/manage-cookies/index.html . Local Storage Technologies These technologies provide cookie-equivalent functionality but can store larger amounts of data, including on your device outside of your browser in connection with specific applications. Pixel Tags Also known as web beacons and clear GIFs, pixel tags may be used to, among other things, track the actions of users of the Services (including email recipients), measure the success of our marketing campaigns, and compile statistics about usage of the Services and response rates. Google Analytics We use Google Analytics, which uses cookies and similar technologies to collect and analyze information about use of the Services and report on activities and trends. This service may also collect information regarding the use of other websites, apps and online resources. You can learn about Google’s practices by visiting https://policies.google.com/privacy , and exercise the opt-out provided by Google by downloading the Google Analytics opt-out browser add-on, available at https://tools.google.com/dlpage/gaoptout . "

" If you disclose any personal information relating to other people to us or to our service providers in connection with the Services, you represent that you have the authority to do so and to permit us to use the information in accordance with this Privacy Policy."

" We may modify, suspend, or discontinue all or any part of the Services at any time. We may also suspend or terminate Customer’s access to the Services, in whole or in part, if we reasonably believe that: (a) Customer has violated these Terms; (b) Customer’s account is past due; (c) Customer’s use of the Services creates a security risk, legal risk, or risk of harm to Inkbox, the Services, any third-party provider, or any other person; (d) Customer’s use of the Services may violate applicable law or third-party provider rules or policies; (e) suspension is necessary to protect the availability, integrity, or security of the Services; or (f) suspension is required by applicable law or requested by a third-party provider. Customer may stop using the Services at any time. We are not responsible for any loss or harm related to Customer’s inability to access or use the Services, except to the extent caused by our breach of these Terms."

" To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless us and our subsidiaries and affiliates, and each of our respective officers, directors, agents, and employees (individually and collectively, the “ Inkbox Parties ”) from and against any claims, losses, liabilities, damages, costs, and expenses, including reasonable attorneys’ fees (“ Claims ”) arising out of or related to (a) your access to or use of our Services; (b) your Customer Data, applications, AI agents, prompts, workflows, configurations, integrations, or other systems used with the Services; (c) your violation of these Terms; (d) your violation, misappropriation, or infringement of any rights of another, including intellectual property rights or privacy rights; (e) your violation of applicable law, including laws relating to privacy, data protection, call recording, consent, telemarketing, telephone communications, text messaging, email, marketing, consumer protection, or unfair or deceptive practices; or (f) any dispute between Customer and any third party arising out of communications sent, received, initiated, recorded, transcribed, stored, or otherwise processed through the Services. You agree to cooperate with the Inkbox Parties in defending such Claims. The Inkbox Parties will have the right to control the defense or settlement of any third-party Claim, provided that Inkbox will not settle any Claim in a manner that imposes any admission, payment obligation, or non-monetary obligation on Customer without Customer’s prior written consent."

" EXCEPT AS OTHERWISE PROVIDED IN A WRITING BY INKBOX, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. INKBOX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, ACCURATE, COMPLETE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, OR THAT ANY CUSTOMER DATA, COMMUNICATIONS, TRANSCRIPTS, OUTPUTS, OR RESULTS PROCESSED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, RELIABLE, OR APPROPRIATE FOR CUSTOMER’S USE CASE. INKBOX DOES NOT CONTROL CUSTOMER’S APPLICATIONS, AI AGENTS, PROMPTS, WORKFLOWS, CONFIGURATIONS, INTEGRATIONS, OR THIRD-PARTY SERVICES, AND INKBOX IS NOT RESPONSIBLE FOR ANY COMMUNICATIONS, ACTIONS, OMISSIONS, DECISIONS, OUTPUTS, OR RESULTS GENERATED BY OR THROUGH THEM. INKBOX DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ANY SYSTEMS USED TO PROVIDE THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CUSTOMER ASSUMES THE RISK ARISING FROM ITS USE OF THE SERVICES AND ITS CUSTOMER DATA, APPLICATIONS, AI AGENTS, INTEGRATIONS, COMMUNICATIONS, AND THIRD-PARTY SERVICES."

" Here are the types of entities to which we may disclose personal information in providing the Services. Service Providers We use service providers that provide hosting, information technology, customer support, email and communications delivery, and analytics services for the purposes listed above. Professional Advisors We use accountants, actuaries, auditors, experts, consultants, lawyers, banks, and financial institutions to support our business. Authorities and Others If we are required by law or legal process or if we deem the disclosure appropriate for other legal, compliance or fraud-prevention purposes, we may disclose personal information to law enforcement, public, regulatory, and government authorities, courts, or other entities that obtain valid subpoenas. Other Online Services When you interact with us, you may choose to share information and content on our social media pages and other online services. Business and Marketing Partners We may share your personal information with our business and marketing partners to allow them to provide you with certain services, advertisements, or promotions. Our business and marketing partners may use your information in accordance with their own privacy notices. Business Transferees We may disclose or transfer your personal information to third parties such as acquiring entities and their advisors in the event of any reorganization, merger, sale, joint venture, assignment, transfer, or other disposition of all or any portion of our business, assets, or stock (including in connection with any bankruptcy or similar proceedings). "

" This Privacy Policy does not address, and we are not responsible for, the privacy, information, or other practices of any third parties. This includes any third party operating any website or service to which our Services link. The inclusion of a link on our Services does not imply endorsement of the linked site or service by us. In addition, we are not responsible for the information collection, use, disclosure, or security policies or practices of other organizations, such as Facebook, Apple, Google, Microsoft or any other app developer, app provider, social media platform provider, operating system provider, wireless service provider, or device manufacturer, including with respect to any personal information you disclose to other organizations through or in connection with the Services or on social media."

" Mass Arbitration . If, at any time, 25 or more claimants submit Notices or seek to file demands for arbitration raising similar claims against the other party or related parties by the same or coordinated counsel or entities (“ Mass Arbitration ”), then you and Inkbox agree that the additional procedures set forth below shall apply. Claims are “similar” if they arise from the same or substantially similar facts, transactions, or legal theories, even if the claimants allege different individual damages. The parties agree that throughout this process, their counsel shall meet and confer to discuss modifications to these procedures based on the particular needs of the Mass Arbitration proceeding. The parties acknowledge and agree that by electing to participate in a Mass Arbitration proceeding, the adjudication of their claim might be delayed but that reasonable efforts will be made to minimize any delays. Any applicable limitations period (including statutes of limitation) and any filing-fee deadlines shall be tolled beginning when the Notice and Pre-Arbitration Process are initiated, so long as the Notice complies with the requirements in this Dispute Resolution Section, until a claim is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration. Stage One . Counsel for the parties shall each select 10 claims per side (20 claims total) to be filed and to proceed in individual arbitrations as part of a staged process. "

"Each of these individual arbitrations shall be assigned to a different, single arbitrator unless the parties agree otherwise in writing. The outcomes and rulings of these Stage One arbitrations shall have no precedential or binding effect on any remaining claims. Any remaining claims shall not be filed or be deemed filed in arbitration, nor shall any arbitration fees be assessed in connection with those claims unless and until they are selected to be filed in individual arbitration proceedings as part of a staged process. Stage Two . After the Stage One arbitrations are completed (or sooner if the parties agree in writing), the remaining parties must engage in a single global mediation of all remaining claims, with the mediator’s fee paid by Inkbox. The parties must agree on a mediator within 30 days after the conclusion of the last Stage One arbitration. If the parties cannot agree on a mediator within 30 days, the arbitration administrator will appoint a mediator as an administrative matter. All parties will cooperate for the purpose of ensuring that the mediation is scheduled as quickly as practicable after the mediator is appointed. Notwithstanding the confidentiality obligations set forth above, the outcomes and awards from Stage One arbitrations may be shared with all parties participating in the Mass Arbitration and their counsel for purposes of the Stage Two mediation and any subsequent stage of the Mass Arbitration process described in this section. "

" Stage Three . If the Stage Two mediation does not resolve all remaining claims, the arbitration requirement in this Dispute Resolution Section will no longer apply to any party with a claim for which a timely and complete Notice was submitted and who completed the Pre-Arbitration Process. Any such party with an unresolved claim may pursue that claim in court, not in arbitration. These parties may bring their claims in court either individually or as part of a joint or consolidated action. However, to the fullest extent permitted by applicable law, any joint or consolidated court action may include only those claimants in Mass Arbitration proceedings who submitted a timely and complete Notice and completed the Pre-Arbitration Process. A court of competent jurisdiction shall have the authority to enforce these Mass Arbitration provisions and, if necessary, to enjoin the mass arbitration, prosecution, or administration of arbitrations and the assessment of arbitration fees. If these additional procedures apply to a claim, and a court of competent jurisdiction determines that they are not enforceable as to that claim, then that claim shall proceed in a court of competent jurisdiction otherwise consistent with these Terms. You and Inkbox agree that you each value the integrity and efficiency of arbitration and wish to employ the process for the fair resolution of genuine and sincere claims between you and Inkbox. You and Inkbox acknowledge and agree to act in good faith to ensure the processes set forth herein are followed. "

"You and Inkbox further agree that application of these Mass Arbitration proceedings has been reasonably designed to result in an efficient and fair adjudication of such cases. Opt Out . You may opt out of the arbitration requirements of this Dispute Resolution Section by sending written notice of your decision to opt out to hello@inkbox.ai within 30 days of first agreeing to these Terms. Such notice must include (1) your name, (2) your contact information (including email address, mailing address, and telephone number), and (3) a statement that you wish to opt out of requirements to arbitrate and instead agree to resolve claims in court. If you do not timely send such notice of opting out of arbitration, then you agree to be bound by this Dispute Resolution Section’s arbitration requirements. If you opt out, the opt-out applies only to this Dispute Resolution Section’s arbitration requirements and does not affect any other provision of these Terms (including the class-action waiver and jury-trial waiver, which remain in effect to the fullest extent permitted by law). If you opt out and a dispute is already pending at the time of your opt-out, your opt-out will apply to that pending dispute to the extent permitted by applicable law. Severability . If any portion of this Section 17 is found to be unenforceable or unlawful for any reason (except as specifically provided above regarding class/representative waiver severability), then (1) the unenforceable provision will be severed from these Terms; (2) severance will not affect the remainder of this Dispute Resolution Section or the parties’ ability to compel arbitration of remaining claims on an individual basis; (3) to the extent any claims must proceed on a class, collective, consolidated, or representative basis,"

" These Terms of Service (“ Terms ”) apply to your access to and use of the websites, web application, application programming interfaces (APIs), software development kits, documentation, developer tools, communications infrastructure, and related products and services (collectively, our “ Services ”) provided by Vectorly, Inc. (“ Inkbox ,” “ we ,” “ us ,” or “ our ”). PLEASE READ THESE TERMS CAREFULLY, INCLUDING THE MANDATORY ARBITRATION PROVISION IN SECTION 17 AND THE CLASS ACTION WAIVER AND JURY TRIAL WAIVER IN SECTION 18, WHICH REQUIRE THAT DISPUTES BE RESOLVED BY FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS, RATHER THAN IN COURT OR AS PART OF A CLASS, CONSOLIDATED, OR COORDINATED ACTION. IF YOU DO NOT WISH TO BE SUBJECT TO ARBITRATION, YOU MAY OPT OUT OF THE ARBITRATION PROVISION BY FOLLOWING THE INSTRUCTIONS PROVIDED IN SECTION 17. By accessing or using our Services, you, on behalf of yourself or the entity on whose behalf you access or use the Services, agree to be bound by these Terms and all terms incorporated by reference. For purposes of these Terms, “Customer” means the individual or entity that accesses or uses the Services, creates an account, or otherwise accepts these Terms, and “you” means Customer. If an individual accesses or uses the Services, creates an account, or accepts these Terms on behalf of an entity, then Customer is that entity, and that individual represents that they are authorized to bind that entity to these Terms. "