TERMS OF SERVICE

1. ELIGIBILITY & ACCEPTANCE

To be eligible to use the Services, you must (a) be at least 18 years of age; (b) reside in a jurisdiction where we offer our Services and where the use of our Services is lawful; and (c) represent that you have read, understood, and agree to be bound by the Terms. You may not use the Services if you have previously been suspended or removed from any of our Services. By using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet these eligibility requirements or if you do not agree to these Terms, you may not use the Services.

By accessing or using any of our Services, you agree to be unconditionally bound by these Terms. Where the option is made available to you, you may accept the Terms by your statement or by clicking to accept or agree to the Terms over the phone or in any agreement, electronic form, or on the Services. You must be of legal age and capacity to form a binding contract to accept the Terms. If you do not agree with any of these Terms, do not use our Services. If you are using or accessing the Services on behalf of a company or other entity (“Entity”), you represent, agree, and warrant that you are authorized to act on behalf of the Entity and to bind such Entity to these Terms. ACCEPTANCE OF THESE TERMS IS REQUIRED FOR USE OF THE SERVICES AND ANY USE OF THE SERVICES SHALL CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS.

2. THE SERVICES

a. Our Services. Alice offers the following Services: (i) our AI phone receptionist to answer your calls and set appointments for you (“AI Receptionist”); (ii) a dashboard, software and applications (collectively, the “Application”) integrated with the existing systems of the Subscriber; and (iii) [Alice.com] and other websites or online channels we own or operate (collectively, the “Site”) (altogether, with the Site and Application, the “Services”). The Services will create an audio recording of each call between callers to your business (your “Callers”) and the AI Receptionist (“Recordings”) and will generate transcripts of such Recordings (“Transcripts”). Recordings and Transcripts are posted to your Account and available to you on your Dashboard. You will receive the Services at your subscribed-to Services level as described on the Site and subject to these Terms.

b. Registration. To become a Subscriber, you must first register with Alice, create an account on the Services (your “Account”), and select an available Subscription level. You must always maintain a valid email address and phone number on your account. You represent and warrant that: (i) you will maintain the accuracy of all data associated with your Account; (ii) you will not do anything that might jeopardize the security of your Account; and (iii) you will notify us immediately of any unauthorized access to or use of your login credentials or any other breach of security. You are responsible for maintaining the confidentiality of your login credentials, and you are responsible for all activities that occur using your login credentials or Account. Alice reserves the right to disable your login credentials, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

c. Google Registration. Alice's use and transfer to any other app of information received from Google APIs will adhere to Google API Services User Data Policy, including the Limited Use requirements.

d. Telephone Numbers. When you subscribe, we will host your established telephone number or assign you a forwarding telephone number. Alice reserves the right to release or reassign any telephone numbers not ported back within three months after termination of the applicable subscription.

e. Caller Payments. You can setup the Services to take payment information from your Callers, for example to secure an appointment or prepay a service fee. You are solely responsible for collecting any required authorizations from your Callers to receive their payment information or charge their payment method on or through the Services. You understand and agree that Alice is not a bank, payment institution, payment processor, or money services business. Alice does not collect or process your payment information. Rather, Alice uses your payment processor to collect, accept, and process your credit card, debit card and other payment information on your behalf. Alice never has possession of or access to payment information. You are solely responsible for ensuring that your payment processor keeps payment information secure in accordance with applicable legal and regulatory security safeguards. Your use of the Services for payments is also subject to the applicable terms and conditions of your payment processor.

f. Recordings and Transcripts. You understand and agree that the Services include creation of Recordings and Transcripts of calls with your Callers for your reference and business use and to allow Alice to monitor quality, improve performance of our Services, and for training purposes. Call recording and monitoring practices are subject to various federal, state, and local laws and limitations. Alice will provide courtesy template notices to inform your Callers that their call is being recorded so that the Caller can consent by continuing with the call or withhold consent by ending the call. You decide through your Account settings whether and how to implement such templates and, if the template is used, the contents thereof. You are solely responsible for your use of the Recordings and Transcripts features in compliance with applicable law and you agree that Alice shall have no liability whatsoever to you, your Callers, or any other party related to Recordings or Transcripts generated from calls with your Callers. Personal Information processed for such purposes will be treated in accordance with our Privacy Notice and Data Processing Addendum. You agree that Alice creates Recordings and Transcripts as part of our provision of the Services to you and that you are ultimately responsible for such Recordings and Transcripts being created from your Callers’ calls and any and all use thereof.

g. SMS Features. Alice offers features to the Services that allow your AI Receptionist to send SMS messages to the Caller’s wireless phone number (“SMS Features”). A Subscriber can configure the SMS Features so that the AI Receptionist offers the Caller transactional messages like a link to your website or appointment platform or directions to your business location or promotional SMS messages like coupons or promotions for the Subscriber’s business. Additionally, a Subscriber may choose to embed an SMS Feature widget on the Subscriber’s website or mobile application that allows the Caller to commence or continue a chat via SMS. Subscriber is solely responsible for all SMS messages or links (and the contents thereof) sent to your Callers via the SMS Features. Alice does not and cannot control the content of a Subscriber’s SMS messages or any online platforms the Caller may visit as a result of following a link in the SMS message. SMS Features may not be available for certain Subscribers or to certain wireless numbers or in certain locations.

h. AI Features. Alice provides you with certain features of the Services through artificial intelligence, machine learning, or similar technologies (“AI Technology”) made available within AI-enabled features of the Services (“AI Features”). Your Caller will interact with the Services through an AI Feature through prompts in the form of the Caller’s conversation with the AI Receptionist (“Inputs”) and the Caller will receive outputs generated and returned by the AI Receptionist based on those Inputs and the data used to train the AI Features (“Outputs”). Alice makes no representations whatsoever as to Outputs, including without limitation legality, distinctiveness, accuracy, completeness, consistency, or ability to be protected under intellectual property laws. It is your responsibility to evaluate Outputs and confirm they are appropriate for your Callers. Artificial intelligence and machine learning are rapidly evolving fields of study. We are constantly working to improve our Services to make them more accurate, reliable, safe, and beneficial. Given the probabilistic nature of machine learning, use of our Services may in some situations result in incorrect Output that does not accurately reflect real people, places, or facts. You should evaluate the accuracy of any Output as appropriate for your use case, including by using human review of the Output. You agree not to use the Services or any Output for any purpose that could have a legal or material impact on an individual, such as making decisions about credit, education, employment, housing, insurance, legal, medical, or other important benefits.

3. SUBSCRIPTIONS & FAIR USAGE POLICY

a. Your Subscription. The Services are offered on a subscription basis subject to these Terms of Use (your "Subscription"). Alice offers three Subscription tiers: (1) Professional Subscription, (2) Scale Subscription, or (3) Growth Subscription. The duration of your Subscription with Alice is 30 days. Your Subscription starts the day you sign up and automatically renews every 30 days unless cancelled or changed as provided in these Terms.

b. Intended Use & Target Customers. The Professional, Scale, and Growth Subscriptions are designed exclusively for small businesses receiving inbound calls from their own customers, such as local service providers, professional practices, retail establishments, and similar enterprises. These Subscriptions provide unlimited calling for normal small business operations. These Subscriptions are not intended for, and may not be used as, call center, answering service, or multi-client telephony solutions. Call centers, answering services, and similar high-volume or multi-client operations are supported exclusively under an Enterprise Subscription.

c. Eligible Business Types. The Professional, Scale, and Growth Subscriptions are intended for use by a single business receiving calls from its own customers. Examples of eligible businesses include, but are not limited to: plumbers, law offices, salons, restaurants, HVAC companies, landscapers, veterinary clinics, real estate agents, and similar small-to-medium enterprises. Any business whose primary function involves handling, routing, or answering calls on behalf of one or more third parties must subscribe to an Enterprise plan.

d. Fair Usage Policy. To maintain service quality and platform stability for all Subscribers, all Professional, Scale, and Growth accounts are subject to the following Fair Usage Policy. Alice reserves the right to immediately suspend or terminate any account that violates this policy, without prior notice:

• (i) Call Center & Multi-Client Operations Prohibited on Standard Plans. The Professional, Scale, and Growth Subscriptions may not be used by call centers, answering services, lead generation businesses, telemarketing operations, BPO providers, virtual receptionist agencies, or any business whose function involves handling calls on behalf of third parties. Such operations require an Enterprise Subscription. Any Professional, Scale, or Growth account found to be operating as or on behalf of such an operation is subject to immediate suspension or termination without refund.
• (ii) Automated Traffic Prohibited. The use of auto-dialers, predictive dialers, power dialers, robocalling systems, or bots to generate call volume is strictly prohibited.
• (iii) Spam & Abuse Patterns. A pattern where more than 30% of calls are under 15 seconds, or other usage patterns indicating gaming, testing, or abuse of the Services, may result in immediate termination.
• (iv) Resale Prohibited. You may not resell, sublicense, or otherwise make the Services available to third parties, whether directly or as part of a bundled offering. Each Subscription is for the exclusive use of a single business entity.
• (v) Disproportionate Usage. Alice reserves the right to suspend or terminate any Professional, Scale, or Growth account whose usage patterns are inconsistent with normal small business operations, regardless of whether other specific provisions of this policy are violated. Examples include, but are not limited to: call volumes or patterns characteristic of call center, answering service, or multi-client operations. Such accounts may be required to transition to an Enterprise Subscription.

e. Enterprise Subscription. Alice offers custom Enterprise solutions for call centers, answering services, high-volume operations, and businesses that handle calls on behalf of third parties. Enterprise Subscriptions include custom pricing, dedicated support, and terms tailored to your operational requirements. If your business operations fall outside the scope of the Professional, Scale, or Growth Subscriptions as described in this Section 3, you must contact Alice to arrange an Enterprise Subscription. Use of a Professional, Scale, or Growth Subscription for Enterprise-level operations is a material breach of these Terms.

f. Remedies for Fair Usage Violations. If Alice determines, in its sole discretion, that your usage violates this Fair Usage Policy, Alice may, without prior notice: (i) immediately suspend or terminate your access to the Services; (ii) require you to transition to an Enterprise Subscription; or (iii) terminate your Subscription without refund. You acknowledge that Fair Usage violations cause harm to Alice and other Subscribers by degrading service quality, and that the remedies stated herein are reasonable and necessary. Alice is under no obligation to provide a warning, grace period, or opportunity to cure before taking action under this section.

g. Free Trial. Alice may offer new Subscribers a free trial. We will convert your Services access from a free trial to a Subscription at the end of the free trial period unless you cancel prior.

4. FEES & PAYMENT

a. Fees. You agree to use the Services only as permitted by these Terms and to pay the fees associated with the Services to which you subscribe (“Fees”) and any changes you make to your selections from time to time, as well as any and all applicable sales and use taxes for the purchase of your subscription based on the address that you provide when you register. All Fees are quoted in United States dollars. Billing for your Subscription starts on the day you sign up, even if some Services are not immediately available. You will be billed for each calendar day of your Subscription including a full calendar day on the day you sign up.

b. Payment Method. To receive subscription or free trial Services, you must maintain a valid payment method associated with your Account. You hereby expressly authorize Alice to charge your payment method every 30 days for the Fees due hereunder, along with any sales and use taxes and any late fees or interest (as described below). You represent and warrant that the payment information you provide to us is correct and accurate and you are using a payment method that you are legally authorized to use for this purpose. You agree that you are solely liable for any payment or credit card fraud, abuse, or unauthorized use by you or others. Except for downgrades and cancellations by you in the manner permitted herein, payments are nonrefundable, and there are no refunds or credits for partially used periods.

c. Late Payment. If you do not pay on time or if we cannot charge the payment method you have on file for any reason, we reserve the right to either suspend or terminate your access to the Services. In addition, if any payment is not received within 30 days after the due date, then we may charge a late fee of $10 and we may assess interest at the rate of 1.5% of the outstanding balance per month (18% per year), or the maximum rate permitted by law, whichever is lower, from 30 days after the due date until the date paid.

5. PRIVACY

a. Services Announcements. Alice may use your contact information to communicate with you about your use of our Services. For example, we may send you service announcements or administrative communications by email, phone, text, mail, or other means. You understand that you receive these communications as part of your use of the Services. While you can adjust your communications preferences by following instructions in our Privacy Notice, if you have a Subscription, you will not be able to fully opt out from receiving these service announcements and administrative messages.

b. Privacy Notice. You acknowledge that you have read and understand our Privacy Notice. Subscriber hereby agrees that these Terms and our Privacy Notice provides Subscriber with adequate notice of Alice’s processing activities, including accessing and monitoring chats with Callers in real-time and disclosure of data to our third-party service providers. In consideration for Subscriber’s use of the Services, Subscriber hereby releases Alice from liability, agrees to hold us harmless, and waives any right Subscriber or its Callers may have to bring action against Alice for any claims relating to our privacy practices as described in these Terms or our Privacy Notice and the processing of your Caller’s data through such practices.

c. Texting Consent. By providing us with your wireless phone number, you consent to Alice sending you informational text messages related to the products, Services, or information you have requested from us.

6. ALICE PROPERTY

a. The Services. Unless otherwise expressly indicated, the Services (including without limitation all AI Features, the Site, and the Site Contents) and all data, images, logos, source code, content, non-public APIs, and other materials contained in the Services (collectively, the “Alice Property”) are copyrights, trademarks, trade dress or other intellectual property owned, controlled, or licensed by Alice. The Alice Property is protected by U.S. and foreign copyright, trademark, trade dress, or other proprietary rights laws and international conventions. Alice hereby grants you a license to use the Alice Property available under your Subscription level and at the access level we grant to you as permitted by these Terms (your “License”).

b. Feedback. You may from time-to-time provide us materials, communications, suggestions, comments, improvements, ideas or other feedback related to the Site or our Services (“Feedback”). You hereby additionally grant us all rights, titles and interests in and to any Feedback you provide. In the event this grant is not sufficient for us to fully realize and use the Feedback, you grant us a royalty-free, worldwide, transferable, sub-licensable, irrevocable, perpetual license to use and incorporate into the Services any of the Feedback you provide.

c. Unsolicited Submissions. Alice does not accept or consider strictly unsolicited ideas, including ideas for new products, services, technologies, processes, marketing plans, or new product names. If you do submit such ideas despite our request that you not do so, you acknowledge that Alice will not be obligated to treat your submission as confidential or proprietary, and Alice will be free to use, reproduce, modify, perform, display, distribute, and otherwise commercialize your submission for any purpose, without any compensation to you.

7. YOUR DATA

a. Your Data. As between you and Alice, Your Data belongs to you. Alice does not claim any ownership rights to Your Data. You are solely responsible, and Alice shall have no liability, for Your Data on the Services, including without limitation all processing, use, security, disclosure, and disposition thereof.

b. Your Data License. By providing Your Data to the Services, you grant Alice a perpetual, worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), and royalty-free, fully paid-up, right to use, copy, modify, distribute, display publicly, or process Your Data for the purpose of (i) facilitating your use of the Services; (ii) developing, training, or enhancing artificial intelligence or machine learning models that are part of the Services (including third-party components of the Services); (iii) marketing Alice or the Services; (iv) enforcing these Terms, exercising our rights, and performing our obligations hereunder; (v) for any other purpose to which you specifically consent; or (vi) for any other legally permissible purpose. You acknowledge and agree that we will not compensate you for any use of Your Data as provided herein.

c. Prohibited Data. You promise that you will not provide Alice with any Prohibited Data (including but not limited to ITAR data, US Munitions List data, or sensitive government ID data). If you breach this promise, you are responsible for all damages arising out of the Prohibited Data, even if caused by Alice.

d. Copyright Infringement / DMCA Notice. Alice respects the intellectual property rights of others and expects you to do the same. It is our policy to terminate usage rights of Subscribers who repeatedly infringe or are charged with repeatedly infringing the copyrights of others. If you are a copyright owner or an agent thereof and believe that any content on our Services infringes your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail): (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) Identification of the copyrighted work claimed to have been infringed; (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Alice to locate the material; (iv) Your contact information, including address, telephone number, and email; (v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Alice’s designated Copyright Agent to receive notifications of claimed infringement is: Alice-Calls LLC, DMCA Agent, Email: contact@alicecalls.com.

8. ACCEPTABLE USE

a. Prohibited Use. You are strictly prohibited from using the Services: (i) in a manner that violates any applicable law (including TCPA, CAN-SPAM); (ii) to transmit health information in violation of HIPAA, unless expressly agreed via a separate Business Associate Agreement; (iii) to defraud, deceive or mislead anyone; (iv) to harass, threaten, or promote violence; (v) to advertise or promote adult services, illegal gambling, counterfeit or pirated goods.

b. Security. You may not attempt to probe, scan, or test the vulnerability of our system, or breach security or authentication measures.

9. SERVICES ACCESS

a. Availability. Alice will use commercially reasonable efforts to maintain availability of the Services. You agree that there will be times when the Services will be unavailable (maintenance, outages). Alice is not liable for any delays or interruptions.

b. Updates. We may provide updates to our Services, which may modify or delete certain features. You agree that we have no obligation to continue to provide or enable any particular features.

10. SECURITY

You are strictly prohibited from violating our security features, such as accessing data not intended for you, flooding, spamming, or using spiders/robots to navigate the Services. Violations may result in civil or criminal liability.

11. DISCLAIMER OF WARRANTIES

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. ALICE MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SERVICES OR RELATING TO THE AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY OR COMPLETENESS OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO EXPRESS OR IMPLIED WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. ALICE DOES NOT WARRANT THAT THE SERVICES WILL MEET ALL OF YOUR REQUIREMENTS OR THAT ITS OPERATIONS WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT ANY DEFECT WITHIN THE SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION, REPRESENTATION OR ADVICE GIVEN BY ALICE SHALL CREATE A WARRANTY WITHOUT A WRITING SIGNED BY ALICE REFLECTING THE CREATION OF SUCH WARRANTY.

12. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ALICE BE LIABLE TO YOU OR ANY THIRD PARTY UNDER ANY THEORY OF LIABILITY - WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), AGENCY, WARRANTY, STATUTE, OR OTHERWISE - FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, OR ANY OTHER LOSSES OR DAMAGES OF ANY KIND, HOWEVER ARISING, EVEN IF ALICE KNEW OR SHOULD HAVE KNOWN THAT THERE WAS A POSSIBILITY OF SUCH LOSSES OR DAMAGES. IN NO EVENT SHALL ALICE BE LIABLE TO YOU FOR ANY AMOUNTS THAT, TOGETHER WITH AMOUNTS ASSOCIATED WITH ALL OTHER CLAIMS, EXCEED THE AGGREGATE OF THE FEES PAID BY YOU TO ALICE FOR SERVICES DURING THE THREE MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY OR, IF NO FEES WERE PAID DURING SUCH THREE-MONTH PERIOD, ONE HUNDRED US DOLLARS ($100), IN EACH CASE, WHETHER OR NOT ALICE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

13. INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD ALICE, OUR SUBSIDIARIES, PARENTS, AFFILIATES, AND SERVICE PROVIDERS, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES HARMLESS FROM AND AGAINST ANY DIRECT OR THIRD-PARTY CLAIMS, LOSSES, LIABILITIES, COSTS, EXPENSES, DAMAGES, OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES DUE TO, RELATING TO, OR ARISING OUT OF (I) YOUR USE OF THE SERVICES IN VIOLATION OF THESE TERMS OR IN A MANNER THAT VIOLATES OR RESULTS IN A VIOLATION OF APPLICABLE LAW OR REGULATION; (II) OUR PROVISION OF THE SERVICES TO YOU; (III) YOUR DATA; (IV) THE RESULT OR OUTCOME OF YOUR USE OF OUR TECHNOLOGY OR ANY OUTPUTS; (V) YOUR BREACH OR ALLEGED BREACH OF ANY REPRESENTATIONS OR WARRANTIES MADE BY YOU HEREUNDER OR YOUR VIOLATION OF ANY OTHER PROVISION OF THESE TERMS; OR (VI) YOUR VIOLATION OR ALLEGED VIOLATION OF ANY LAW, REGULATION, OR THE RIGHTS OF A THIRD PARTY, INCLUDING WITHOUT LIMITATION FEDERAL OR STATE LAW OR REGULATION GOVERNING TELEMARKETING OR DECEPTIVE TRADE PRACTICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS SECTION, ALICE MAY SELECT ITS OWN LEGAL COUNSEL TO REPRESENT ITS INTERESTS WHEN DEFENDING AGAINST DIRECT OR THIRD-PARTY CLAIMS OR DEMANDS, AND YOU MUST (A) REIMBURSE ALICE FOR ITS COSTS AND ATTORNEYS’ FEES IMMEDIATELY UPON REQUEST AS THEY ARE INCURRED, AND (B) REMAIN RESPONSIBLE TO ALICE FOR ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND IDENTIFIED IN THIS SECTION.

14. CANCELLATION & TERMINATION

a. Cancellation. You may cancel your Subscription at any time through your Dashboard. Cancellation is effective at the end of the current billing cycle.

b. Termination for Cause. Alice reserves the right to immediately terminate your Subscription if: (i) we suspect fraudulent or illegal activity; (ii) your usage patterns impose an excessive financial burden on Alice not covered by your Subscription fee (e.g., usage exceeding the limits defined in Section 3); or (iii) you breach any of these Terms.

c. Effect of Termination. Upon termination, your license to use the Services ends immediately. We may delete your data 30 days after termination.

15. DISPUTE RESOLUTION

a. Informal Resolution. Before filing a claim against Alice, you agree to try to resolve the Dispute informally by contacting us at contact@alicecalls.com.

b. Arbitration Agreement. You and Alice each agree to resolve any Disputes through final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in Cheyenne, Wyoming, or any other location we agree to (including video conference). The AAA rules will govern payment of all arbitration fees.

c. Class Action Waiver. You may only resolve Disputes with Alice on an individual basis and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.

d. Governing Law. These Terms shall be governed by the laws of the State of Wyoming, without regard to its conflict of laws principles. Any judicial proceeding (other than small claims) will be brought in the federal or state courts located in Laramie County, Wyoming.

16. GENERAL TERMS

a. Relationship of Parties. The parties’ relationship, as established by these Terms, is solely that of independent contractors. These Terms do not create any partnership, joint venture, or similar business relationship between the parties. Neither party is a legal representative of the other party, and neither party can direct and control the day-to-day activities of the other, or assume or create any obligation, representation, warranty, or guarantee, express or implied, on behalf of the other party for any purpose whatsoever.

b. Geographic Restrictions. Alice is owned and operated in the United States. The Services are permitted for use in the United States and Canada only; you are prohibited from making the AI Receptionist or our other Services available to Callers in other jurisdictions. Access to our Services may not be legal by certain persons or in certain jurisdictions. We make no claims that the Services or any other products or services or their content is accessible or appropriate outside of the United States. Alice reserves the right to limit, in our sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

c. Responsibility for Legal Compliance. When using the Services, you agree to comply with all applicable laws, including, but not limited to privacy, intellectual property, ecommerce, export controls, and applicable laws governing privacy and data security and their requirements related to verifiable consent, parental consent, consumer privacy rights, recordkeeping, international data transfer laws and other requirements. Without limiting the foregoing, you represent and warrant that you hold, and will maintain throughout the Term, all required registrations and licenses necessary to use the Services in compliance with all laws and regulations applicable to your business activities. The Services do not include professional or legal compliance support of any kind. Without limiting the generality of the foregoing, Alice does not represent or warrant that any template notice, message, or default setting on the Services will meet your legal compliance obligations. You rely on such templates at your own risk. You are solely responsible for determining whether your use of the Services and the features and components thereof comply with applicable laws.

d. Void Where Prohibited. Although the Services are accessible in multiple countries, not all features, products or services discussed, referenced, provided, or offered via the Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. If you choose to access the Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws. Any offer for any feature, product or service made on the Services is void where prohibited.

e. Entire Agreement. The Services are owned and offered to you by Alice-Calls LLC dba Alice. Except as otherwise stated herein, these Terms and the agreements incorporated by reference herein constitute the entire and exclusive understanding and agreement between Alice and you regarding the Services and supersede and replace all prior oral or written understandings or agreements between Alice and you regarding the Services.

f. Enforcement. Alice reserves the right, but is not required, to remove or disable your access to the Services, disable any login credentials or account, whether chosen by you or provided by us, remove Your Data at any time and without notice, and at our sole discretion, if we determine that your use of our Services is in any way objectionable or in violation of these Terms. We have the right to investigate violations of these Terms and any conduct that affects our Services, and in response may take any action we may deem appropriate.

g. Assignment. You may not assign, delegate, or transfer these Terms, by operation of law or otherwise, without our prior written consent, but Alice may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the Parties, their successors, and permitted assigns.

h. Waiver; Severability. Alice’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions of these Terms will remain in full force and effect to the greatest extent permitted by law.

i. Notices. Any notices or other communications provided under these Terms will be given to Alice at the email address above and to you via email to the email address on your Account or by posting the notice to the Services.

j. Amendments. Alice reserves the right to revise these Terms by updating this posting without prior notice. Your continued use of the Services following the posting of changes constitutes your acceptance of such changes.

k. Consent to Electronic Signature. By accessing or using the Services, typing your name into any of our electronic forms and indicating your acceptance or clicking a box, you consent to (a) us communicating with you electronically; (b) receiving all applications, notices, disclosures, and authorizations (collectively, “Records”) from us electronically; and (c) entering into agreements and transactions using electronic Records and signatures. We will use electronic documents for all communications, agreements, disclosures, authorizations, and other documents necessary to provide you with the Services. Federal law treats electronic signatures as having the same legal force and effect as if they were signed on paper by hand, and online contracts have the same legal force as signing an equivalent paper contract in ink. You must have a web-enabled device, connection to the internet, an active email account, and the ability to receive and read PDF files to conduct business with us electronically. You are responsible for keeping your own Records. If you require assistance with your Records or if you wish to receive Records in paper format or to withdraw your consent to receiving electronic records from us, please contact us at contact@alicecalls.com. Agreements and transactions executed prior to this request will remain valid and enforceable.