End User License Agreement

1. About This Agreement

1.1 This End User License Agreement (the "License Agreement") is between you (the "End User," "you") and ElevateAI ("ElevateAI," the "Licensor," "we"), located at 8 The Green, Ste R, Dover, Delaware 19901, United States.

1.2 By downloading or using a Licensed Application from Apple's App Store or Google's Play Store (each an "App Store"), you agree to this License Agreement. The App Stores are not parties to this License Agreement and have no obligations under it (such as warranty, maintenance or support) except as stated in Sections 5, 11 and 12. ElevateAI, not the App Stores, is solely responsible for the Licensed Applications and their content.

1.3 This License Agreement does not conflict with, and grants no usage rights inconsistent with, the current Apple Media Services Terms and Conditions (https://www.apple.com/legal/internet-services/itunes/us/terms.html) or Google Play Terms of Service (https://play.google.com/intl/en_US/about/play-terms/) (together, the "Usage Rules").

2. The Licensed Applications

2.1 "Licensed Application" means each of the following ElevateAI mobile applications, and its updates, when obtained through an App Store: LeadConnector and the ElevateAI app.

2.2 The Licensed Applications are mobile companions to the ElevateAI platform. Depending on the application and your account, they let you manage leads, contacts and pipeline stages; send and receive calls and messages; create invoices; manage campaigns, opportunities and communities; and use related platform features from a mobile device.

2.3 The Licensed Applications are for business use by users who are at least 18 years old. They are not designed to satisfy industry-specific regulatory frameworks; the restrictions in the Acceptable Use Policy, Section 4.2, apply to your use of the Licensed Applications.

3. License Grant

3.1 We grant you a non-transferable, non-exclusive, non-sublicensable, revocable license to install and use the Licensed Applications on devices running Apple's iOS or Google's Android operating systems that you own or control, as permitted by the Usage Rules, including access by other accounts associated with you through Family Sharing or volume purchasing, where the App Store supports it.

3.2 This license also governs updates we provide that replace or supplement a Licensed Application, unless the update comes with its own license, in which case that license governs.

3.3 All rights not expressly granted to you are reserved by ElevateAI.

4. License Restrictions

4.1 Except as expressly permitted by this License Agreement, the Usage Rules or applicable law, you may not:

• (a) share, sell, rent, lend, lease or otherwise redistribute a Licensed Application, or make it available to third parties without our prior written consent;
• (b) reverse engineer, decompile, disassemble, translate or attempt to derive the source code of a Licensed Application or any part of it;
• (c) modify, adapt or create derivative works of a Licensed Application;
• (d) copy a Licensed Application except for backup copies on devices you own or control, with all intellectual-property notices intact and no third-party access; or
• (e) remove, alter or obscure any proprietary notices.

4.2 If you sell or give away a device, remove the Licensed Applications from it first.

4.3 Violations of this Section 4, and attempts at them, may be prosecuted and may give rise to damages claims.

5. Technical Requirements, Updates, Maintenance and Support

5.1 Each Licensed Application requires a supported version of iOS or Android; current requirements are listed on the application's App Store page. It is your responsibility to confirm your device meets them, and we may change technical requirements at any time. We try to keep the Licensed Applications compatible with new operating-system versions and hardware, but you have no right to demand any update.

5.2 ElevateAI is solely responsible for maintenance and support of the Licensed Applications. For support, contact us at [email protected] or through the support channels in the application. The App Stores have no obligation to provide any maintenance or support for the Licensed Applications.

6. Data and Privacy

6.1 The Licensed Applications connect to your ElevateAI account, and we access and process your content and personal information as described in the Privacy Notice and, for Customer Data, the Data Processing Agreement.

6.2 We may collect technical data about your device, system and application software, and peripherals to provide support, deliver updates and improve our products, as described in the Privacy Notice, Section 3.4.

7. User Content

7.1 Content you create, post or share through a Licensed Application is governed by the content and license terms of the Terms and Conditions, Section 7, and must comply with the content standards of the Acceptable Use Policy, Section 8. This License Agreement does not grant any additional content license.

8. Intellectual Property

8.1 The Licensed Applications are licensed, not sold. ElevateAI owns or licenses all intellectual-property rights in them.

8.2 If a third party claims that a Licensed Application, or your possession and use of it, infringes their intellectual-property rights, ElevateAI (not the App Stores) is solely responsible for the investigation, defense, settlement and discharge of the claim.

9. Warranty

9.1 We warrant that each Licensed Application is free of malware at the time of download and materially works as described in its documentation.

9.2 No warranty applies where a Licensed Application: cannot run on your device; has been modified without authorization; has been handled improperly or combined with unsuitable hardware, software or accessories; or fails for reasons outside our sphere of influence. Beyond the limited warranty in this Section, the warranty disclaimers in the Terms and Conditions, Section 22, apply to the Licensed Applications.

9.3 Inspect each Licensed Application promptly after installation and report defects to [email protected] without delay. If we confirm a defect, we will, at our choice, fix it or provide a substitute delivery.

9.4 App Store refund. If a Licensed Application fails to conform to an applicable warranty, you may notify the App Store operator, which may refund any purchase price you paid for that application. To the maximum extent permitted by law, the App Store operator has no other warranty obligation for the Licensed Applications.

10. Liability

10.1 Our liability arising from or relating to the Licensed Applications is subject to the exclusions and the single aggregate liability cap in the Terms and Conditions, Section 23. This License Agreement does not state a separate cap.

10.2 To avoid data loss, use the backup and export functions available in the Licensed Applications and the platform. If a Licensed Application is altered or manipulated in breach of Section 4, you may lose access to it, and we are not responsible for resulting damage.

11. Product Claims

11.1 ElevateAI, not the App Stores, is responsible for addressing any claims by you or a third party relating to a Licensed Application or your possession or use of it, including:

• (a) product liability claims;
• (b) claims that a Licensed Application fails to conform to a legal or regulatory requirement; and
• (c) claims under consumer protection, privacy or similar legislation.

12. Legal and Export Compliance; Third-Party Beneficiaries

12.1 You represent and warrant that:

• (a) you are not located in a country subject to a US Government embargo or designated by the US Government as a "terrorist supporting" country; and
• (b) you are not on any US Government list of prohibited or restricted parties.

12.2 You must comply with applicable third-party terms when using the Licensed Applications (for example, your wireless data service agreement when using VoIP features).

12.3 Apple, Google and their subsidiaries are third-party beneficiaries of this License Agreement, and on your acceptance each has the right (and is deemed to have accepted the right) to enforce it against you.

13. Termination

13.1 This license is effective until terminated by you or by ElevateAI. Your rights end automatically, without notice, if you fail to comply with any term of this License Agreement. On termination, stop using the Licensed Applications and delete all copies.

14. Governing Law and Dispute Resolution

14.1 This License Agreement is governed by the laws of the State of Delaware, excluding its conflict-of-law rules, and disputes are resolved through the process in the Terms and Conditions, Section 26. Nothing in this Section deprives you of protections you cannot waive under the consumer laws of your place of residence.

15. Contact

Questions, complaints and claims about the Licensed Applications: [email protected]. ElevateAI, 8 The Green, Ste R, Dover, Delaware 19901, United States. Phone: +1 212 287 9171.

16. Miscellaneous

16.1 If any term of this License Agreement is or becomes invalid, the remaining terms are unaffected, and the invalid term is replaced by a valid one that achieves its primary purpose.

16.2 Collateral agreements, changes and amendments to this License Agreement are valid only if made in writing; this writing requirement itself can be waived only in writing.

17. Prior Versions

17.1 This version of the End User License Agreement takes effect on the date at the top of this page and replaces all earlier versions.