TERMS OF USE

Effective date: October 24, 2024

1. INTRODUCTION

PLEASE READ THESE TERMS CAREFULLY, THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS, OBLIGATIONS AND REMEDIES. IT IS IMPORTANT THAT YOU READ THIS TERMS OF USE BEFORE YOU START USING OUR APPLICATION.

PAY CLOSE ATTENTION TO THE SECTIONS: 7 «PROHIBITED ACTIVITIES», 9 «LIMITATION OF LIABILITY», AND 11 «BINDING ARBITRATION & CLASS ACTION WAIVER» AS THEY MIGHT AFFECT YOUR DECISION ABOUT USING OUR APPLICATION

These Terms of Use, referred to as the “Agreement” establish a legal relationship governing interactions between You (“you” or “user”) and Mnboost Corp., a legal entity located at 16192 Coastal Highway, Lewes, DE 19958, along with its subsidiaries and affiliates (“Echoline”,
“we”, “company” or “us”), in connection with the use of our mobile application Echoline: Second Phone Number (“Application” or “App”) and the services provided via the Application.

We may offer one or more services through our Application, for e.g.: sending and receiving calls, SMS, MMS, managing your contacts or else (“Services”), such Services may change from time to time. Please note that certain features of the Services may be subject to additional terms and conditions (referred to as “Additional Terms”). All Additional Terms are considered part of this Agreement, unless otherwise indicated.

We retain the right to make any services, products, and features available through the Application, and may modify, revise or change any part of the Services at any time and at our sole discretion. This Agreement applies to all existing Services or products and all modified or revised Service unless otherwise specified. We also reserve the right to discontinue any part of the Service, with no liability to users or third parties for such modifications, revisions, suspensions, or discontinuance.

2. CHANGES TO THE AGREEMENT

YOU EXPRESSLY AGREE THAT THIS AGREEMENT AND ANY OTHER ADDITIONAL TERMS MAY BE MODIFIED BY US AT ANY TIME AND AT OUR SOLE DISCRETION. We will use commercially reasonable efforts to generally notify You of any material changes to these Agreement, such as through a notice on our website, however, you should look at the Agreement regularly to check for such changes. We will also update the “Last Updated” date at the top of these Agreement, which reflect the effective date of such Agreement. Your continued access or use of the Application after the date of the new Agreement constitutes your acceptance of the new Agreement. If you do not agree to the new Agreement, you must stop accessing or using the Application.

3. ELEGIBILITY AND ACCEPTANCE

BY ACCESSING OR USING OUR APPLICATION, YOU CONFIRM THAT YOU CAN FORM A BINDING CONTRACT WITH US, THAT YOU ACCEPT THIS AGREEMENT AND THAT YOU AGREE TO COMPLY WITH IT. YOUR USE OF THE APP AND SERVICES ARE CONDITIONAL ON YOUR ACCEPTANCE OF THIS AGREEMENT AND ACKNOWLEDGMENT THAT YOU HAVE READ AND UNDERSTOOD ITS TERMS, OUR PRIVACY POLICY AND OTHER ADDITIONAL TERMS (SUCH AS MESSAGING POLICY). IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT ACCESS OR USE OUR APPLICATION AND SERVICES.

No part of the Services are designated for the persons under the age of 18. IF YOU ARE UNDER 18 YEARS OLD OR THE AGE OF MAJORITY IN PLACES WHERE EIGHTEEN (18) YEARS IS NOT THE AGE OF MAJORITY, YOU MUST NOT USE OR APPLICATION AND SERVICE.

By using the Application, you represent and warrant that You are at least 18 years of age (or age of the majority in places where 18 years is not the age of majority). If You are under 18 years of age, then You are not permitted to use the Service. WE DO NOT KNOWINGLY PROCESS THE PERSONAL DATA OF PEOPLE UNDER 18 YEARS OLD.

You represent and warrant that you are not the resident of the European Economic Area or EU. If you are the resident of the European Economic Area or EU, please cease the use of our Application and Services, for now we can`t provide a quality Services for the regions outside the United States of America.

4. GENERAL TERMS FOR SERVICES

While developing the Application our main idea was to provide You with a tool that could help you with your daily operations with your mobile phone. When using the Application you can get access to the additional phone number for the situation where you just prefer not to use your regular phone number (e.g. when you want to separate your private phone number and business numbers, or when you want to call from areas with poor telecom coverage). The functionality of such alternative phone number would allow you to send/receive telephone calls and also receive the messages from other devices.

We rely on our 3rd party services provider - Twilio Inc. (“Twilio”) to provide you with our Services, therefore your use of our Service may be subject to certain requirement imposed by Twilio.

BY USING THE APPLICATION, YOU AGREE TO RECEIVE CONVERSATIONAL, INFORMATIONAL AND TECHNICAL MESSAGES FROM US, TWILIO AND OTHER USERS AND NON-USERS OF THE APPLICATION IN THE FORM OF SHORT MESSAGE SERVICE (SMS) MULTIMEDIA MESSAGING SERVICE (MMS) AND RICH COMMUNICATIONS SERVICES (RCS) OR INOTHER APPLICABLE FORMS. MESSAGE AND DATA RATES MAY APPLY. MESSAGE FREQUENCY VARIES.

IN ADDTION BUT NOT IN DEROGATION OF THE ABOVE GIVEN CONSENT - BY USING THE APPLICATION, YOU AGREE TO RECEIVE THE PROMOTIONAL (MARKETING) MESSAGES FROM US AND TWILIO TO THE PHONE NUMBER THAT YOU WILL RECEIVE THROUGH THE APPLICATION. MESSAGE AND DATA RATES MAY APPLY. MESSAGE FREQUENCY VARIES.

You can opt-out from the promotional (marketing) messages receival by contacting us via the email: support@echoline.app. Please be advised that we might need to request some additional information from You to match Your request with Your in-App account.

By using the Service, you agree to Twilio’s Messaging Policy and Twilio’s Acceptable Use Policy. Please refer to Twilio’s policies, guidelines, and articles which outline acceptable use of Twilio’s service which can be found here: Twilio’s US SMS Guidelines, Twilio’s Privacy Notice and help articles: U.S. Carrier Penalties for Non-Compliant Messaging, Forbidden message categories for SMS and MMS in the US and Canada. Additional requirements for specific Services, including any country specific requirements, are set forth at Twilio’s Service and Country Specific Requirements. The Service utilizes Twilio for calling and text messaging and our numbers are provided by Twilio and subject to Twilio’s policies.

During your use of the Application, we will collect, monitor, and store certain messages, information, data, text, images, graphics, or other materials (referred to as "Content") that you transmit, submit, or communicate through the Services (if any). This includes text message communications and content sent to third parties via the Services (referred toas "Your Content"). Disclaimer: We are not obligated to backup any of Your Content, and you acknowledge and agree that Your Content may be deleted at any time. You are solely responsible for creating backup copies of Your Content if desired.

BY USING OUR SERVICES, YOU AWKNOLEDGE AND AGREE THAT WE AND TWILIO MAY VIEW AND ACCESS THE CONTENT INCLUDING YOUR CONTENT THAT YOU SEND/RECEIVE THROUGH THE APPLICATION. FOR MORE INFORMATION – PLEASE SEE THE CORRESPONDING SECTION OF OUR PRIVACY POLICY.

Please note that we reserve the right to monitor, screen, refuse, or remove Your Content for reasons such as fraud, abuse, violation of this Agreement, or violation of applicable law. However, we are not obligated to do so, and you are solely responsible for Your Content its transmission and backup. Even if you delete Your Content within the Application, it may still be retained by us on our servers and may be disclosed or used as required by the applicable law, to enforce this Agreement, respond to claims of violations, provide customer service or protect the safety of users and the public in accordance with our Privacy policy. Additionally, we may delete Your Content and establish or modify storage limits at our sole discretion.

Despite the safety and privacy controls we implement, some messages might occasionally pass through our moderation, so we cannot guarantee that you will not encounter inappropriate or illegal conduct from other users of the Services. If you come across such content or conduct, you can assist us by reporting any inappropriate or illegal conduct or content (such as nudity, pornography, harassment, unwelcome contact, or fraud) by submitting your complaint to: support@echoline.app. To utilize specific features within the Services, you'll be required to establish an account. It's important that you safeguard your login details, such as your username, passwords, or any other security measures for identification purposes. This information must be kept confidential and not shared with anyone else. Please notify us immediately if you become aware that your login details are compromised. Failure to adhere to these guidelines may lead to immediate termination of your account. We shall bear no responsibility or liability for any loss or damage incurred due to your failure to comply with these provisions.

You understand that the Application is meant to function as a secondary and temporary phone number, not as a replacement for your primary number or cell phone. Therefore, they offer limited features as indicated. Specifically, the Application cannot be utilized for 911 or emergency calls. For emergencies, you must use your cell phone or landline service. By agreeing to this, you release us, our directors, officers, employees, subsidiaries, and assigns from any liability for claims, damages, or losses (including attorneys’ fees) incurred by you or any third party due to attempting to dial 911 or make an emergency call using the Application.

To use the Application, you must possess a compatible mobile device such as a smartphone or tablet, along with internet connectivity. The Application is designed for download and installation on handheld mobile devices that run the Apple iOS Operating System 15.0 or later. We cannot guarantee that the Application will be compatible with all hardware and software configurations You may have. We do not provide any assurance regarding the uninterrupted, timely, or error-free access to the Application. Periodically, the Application may be updated to introduce new features and services. You confirm that any information you provide to us is accurate, truthful, and complete, and agree to keep it updated at all times. You have the option to discontinue using our Services at any time by adjusting your preferences in your Apple ID Account Settings. Should you choose to stop using the App, you should uninstall it from your device.

If we become aware or at our sole discretion you have breached or will likely about to breach this Agreement, causing legal liabilities, become a cause of complaints from other users and non-users of our Application, infringing on someone else's intellectual property rights, engaging in fraudulent, immoral, or illegal activities, or for similar reasons we may terminate your account without any prior notice or compensation. This termination may include, but is not limited to, limiting, suspending, or terminating your access to our Services, prohibiting access to the Services, or deleting your account immediately. We reserve the right to cancel your Account if it remains inactive for over one (1) year. We also reserve the right to terminate this Agreement and the provision of Services to you for any reason that may harm our business. We reserve the right to immediately suspend or terminate any Service provided to you without notice.

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5. SERVICES, SUBSCRIPTIONS AND PAID FEATURES

The Services available through the Application are distributed under thesubscription options. While using the Application, you can select from several subscriptionoptions (e.g.: weekly subscription, yearly subscription, etc.) (“Subscriptions”).The prices are denoted in U.S. dollars. Subscription details, plan specifics, andother Subscription features are provided on the sign-up screen prior to purchase.

The Price for the Subscriptions are defined in the Application on thepayment screen and can be modified by us at any time. However, we will notapply the new fee retrospectively, meaning that new price will only apply tothe features payments. Please note that the modified pricing can still beapplied to the further charges.

You expressly agree that your Subscription will automatically renewwithin 24 hours preceding its conclusion, with the option to disableauto-renewal accessible via your Apple ID Account Settings at least 24 hoursprior to the current period's end. Payment will be charged to your Apple IDAccount upon confirmation of purchase. You can cancel your Subscription duringthrough your Apple account at any time, however please note that this will noteentitle you for the refund unless required by the applicable laws or expresslyagreed with us. You shall be responsible for the maintenance of the control you’reyour Subscription, and it's important to note that removing the App from yourdevice does not deactivate your Subscription automatically.

We may offer you the ability to acquire licenses to in-app virtual items,such as virtual “coins” or other units that are exchangeable within theApplication for virtual products or services (“Virtual Items”). SuchVirtual Items can only be acquired by purchasing a limited license to useVirtual Items for a fee. Regardless of any references we may make outside thisAgreement to purchasing or selling Virtual Items, the Virtual Items areprovided under personal, limited, non-transferable, non-sublicensable,revocable license to use them in our Application only. Some Service may be usedby You for only for an exchange for certain number of Virtual Items.

Virtual Items are not redeemable for money or monetary value from us orany other person, except as otherwise required by applicable law. Virtual Itemsdo not have an equivalent value in real currency and do not act as a substitutefor real currency. Neither we nor any other person or entity has any obligationto exchange Virtual Items for anything of value, including, but not limited to,real currency. You agree that we may engage in actions that may impact theperceived value or purchase price, if applicable, of Virtual Items at any time,except as prohibited by applicable law.

We, at our sole discretion may charge fees for the right to access or useVirtual Items and may distribute Virtual Items with or without charge. We maymanage, regulate, control, modify or eliminate Virtual Items at any time. Weshall have no liability to you or any third party in the event that we exerciseany such rights. Virtual Items may only be redeemed through the Application.

ALL PURCHASES AND REDEMPTIONS OF VIRTUAL ITEMS MADE THROUGH THE SERVICEARE FINAL AND NON-REFUNDABLE. The provision of Virtual Items foruse in the Service is a service that commences immediately upon the acceptanceof your purchase of such Virtual Items. YOU ACKNOWLEDGE THAT WE ARE NOTREQUIRED TO PROVIDE A REFUND IN RESPECT OF VIRTUAL ITEMS FOR ANY REASON, ANDTHAT YOU WILL NOT RECEIVE MONEY OR OTHER COMPENSATION FOR UNUSED VIRTUAL ITEMSWHEN AN ACCOUNT IS CLOSED, WHETHER SUCH CLOSURE WAS VOLUNTARY OR INVOLUNTARY.

Charges incurred from downloading and/or accessing the Application viayour mobile phone or tablet device may be applied by your communicationsservice provider, necessitating a review of your operator's terms of agreement.These charges encompass potential data roaming fees if usage occurs outsideyour designated territory, as well as standard text messaging rates or othercarrier charges for SMS messages or cellular voice calls.

You are required to promptly remit to us the applicable fees as per thecurrent price list accessible through the Application, immediately uponsubmission of the order. We reserve the right to modify the price list,introduce new fees, or adjust fees for the subsequent renewal term, with priorwritten notice provided to you before the commencement of said term. Theobligation to fulfill the fees remains independent of your actual usage of theServices purchased. Failure to use the Services does not negate our entitlementto full payment of the fees. Unless explicitly stated otherwise herein, thefees are non-cancelable and non-refundable. You shall solely be responsibilityfor any and all charges, taxes, processing and payment fees incurred by you duringthe use of Services, unless otherwise is agreed with us in writing.

6. LIMITED LICENSE AND IP RIGHT

The Application provided is licensed but not sold to you. Your license issubject to your prior acceptance of this Agreement. We grant you a limited,non-exclusive, non-transferable, non-sublicensable, non-assignable andrevocable license to access and use the Application, on any eligible mobiledevice consistent with the requirements from this Agreement which is under yourownership or control and subject to the terms outlined in this Agreement. Thislicense explicitly prohibits usage on devices not owned or controlled by you,as well as any distribution or sharing of the Application over a network forsimultaneous use on multiple devices. Ownership of all rights, includingintellectual property, pertaining to the Application, and associated elementssuch as software, content, designs, and trademarks (collectively referred to as“Our IP”), rests with us and our licensors. You are expressly forbiddenfrom engaging in actions such as renting, selling, copying, or modifying theApplication or any Our IP. We retain all rights not explicitly granted to you.Any upgrades provided by us will be governed by the terms of this Agreement,unless accompanied by a separate agreement. Should you provide us with anyfeedback, whether in the form of comments, suggestions, or requests, we reservethe right to utilize such feedback for the enhancement of the Application andServices. Additionally, we retain ownership of such feedback and may use,license, or distribute it for commercial purposes. You hereby assign all rightsto such feedback exclusively and without compensation to us.

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7. PROHIBITED ACTIVITES

BY USING THE SERVICES, YOU AGREE TO ADHERE TO THE MESSAGING POLICY AVAILABLE HEREIN IN MESSAGING POLICY.

YOU ACKNOWLEDGE AND AGREE THAT FAILURE TO COMPLY WITH ANY PROVISIONOUTLINED IN THE MESSAGING POLICY MAY RESULT IN THE SUSPENSION, BLOCK, BAN OFYOUR ACCOUNT OR IN OTHER CORRESPONDING REMEDIES NECESSARY TO ADDRESS THEVIOLATION. PLEASE NOTE THAT WE MAY ENFORCE THE INDEMNITY CLAUSEIN CASE IF WE BECOME A SUBJECT TO FINE OR PENALTIES RESULTING FROM YOURACTIONS.

If you opt to access our Services, you do so voluntarily and at your own risk. Your use of the Service must be lawful and in accordance with these Agreement. You are responsible for obtaining any necessary consents for using the Services and providing any materials or information, and for adhering to all applicable laws, regulations, and obligations, including privacy laws. You are prohibited from accessing or utilizing the Service except as expressly authorized by the Agreement. Specifically, but not exclusively, you shall not:

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Use the Services to convert surveillance, spying or secret collection of data;
Create more than three (3) accounts on a single device;
Reproduce, publish, display, distribute, transmit, sell, rent, lease, loan, or otherwise make available, in whole or in part, any portion of the Service
Modify, create derivative works of, remove, or alter trademarks, documentation, disclaimers, or notices from the Service
Engage in internet activities that infringe upon the privacy rights of others, including inappropriate handling of personally identifiable information, as outlined in the Our Privacy Policy or these Agreement.
Conduct any activities that hinder or restrict others' use or enjoyment of the Services, or that may harm the Company or its users.
Engage in any behavior that infringes upon the rights of others.
Discriminate against or harass individuals based on various protected characteristics, or engage in disruptive behavior.
Employ the Services for: (i) pornographic, indecent, obscene, defamatory, or other unlawful activities; (ii) engaging in internet activities that violate the privacy rights of others, including improper handling of personally identifiable information belonging to another registered user, as outlined in the Privacy Policy; (iii) engaging in conduct that restricts or inhibits the use or enjoyment of the Services by others, or which, as determined by Us at Our discretion, may harm Us, Service users, or expose them to liability; (iv) sending harassing or threatening messages, or engaging in abusive behavior towards others; or (v) discriminating against or harassing individuals based on various protected characteristics or engaging in disruptive behavior
Attempt to reverse engineer, disassemble, decompile, decode, or otherwise gain access to the source code of the Service or any part thereof
Transmit unsolicited advertisements or spam, unlawful content, or any materials containing harmful code intended to disrupt or harm computer systems or networks. SPECIFICALLY, IT IS STRICTLY FORBIDDEN TO USE THE SERVICES TO PERFORM MARKETING CALLS FOR PEOPLE WHO ARE IN DO NOT CALL REGISTRY AVAILABLE AT: HTTPS://WWW.DONOTCALL.GOV/
Circumvent or breach any security measures or rights management systems employed by the Service, or access or use the Service except through your valid access credentials.
Damage, disable, interfere with, or harm the functionality of the Service or Our ability to provide it.
Utilize the Service for competitive analysis, or in association with safety-critical systems where Service failure could result in personal injury or property damage.
Use the Service in a manner that infringes upon any intellectual property rights or other rights of third parties, or violates any applicable laws.

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Any violations of the provisions above may result in the permanent ban without the refund, and in certain cases where the legislation might require us, we may notify and cooperate with the respective authorities.

You may not use or otherwise export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained. In particular, but without limitation, the Application may not be exported or re-exported (a) into any U.S.-embargoed countries or (b) to anyone on the U.S. Treasury Department's Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using the Application, you represent and warrant that you are not located in any such country or on any such list. You also agree that you will not use these products for any purposes prohibited by United States law, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.

You agree to take full responsibility for any activities conducted under your account and to promptly notify us of any security breaches or unauthorized use to: support@echoline.app. You are accountable for all actions taken through your account.

While using the Application, you may encounter content that some may find offensive, indecent, or objectionable. However, you acknowledge and accept that you use our Services at your own risk, and we shall bear no liability to you for such content. We shall not be responsible for any misuse of the Services, including violations of these Agreement, nor for any offensive, threatening, defamatory, or illegal messages you may receive while using our Application.

You acknowledge that we are not obligated to monitor Service usage but reserves the right to do so to enhance security, prevent fraud, investigate issues, provide customer support, ensure compliance with these Agreement, or for any other legitimate purpose. We retain the right to refuse service, terminate accounts, remove or edit content, revoke licenses, and terminate your right to use the Application at our own discretion, for any reason, including non-compliance with these Agreement or engaging in illegal behavior.

8. WARRANTY DISCLAIMER AND REMEDIES

We warrant that the performance and functionality of the Application, in all material respects, meet the specifications set forth in this Agreement. We do not warrant that the Application or Services will be error-free. You here by acknowledge and agrees that the Service is to be provided “AS IS” and “WITH ALL FAULTS,” and You is solely responsible for any consequences of use of the Service. Your sole and exclusive remedy for Our breach of this limited warranty shall be that we shall use commercially reasonable efforts to modify the Service to meet the performance and functionality specifications, in all material respects, described in the most current version of the Agreement, and if we are unable to restore such performance and functionality, you shall been titled to terminate this Agreement. We shall have no obligation with respect to a warranty claim (i) unless notified of such claim within fourteen (14) days of the first instance of any material performance and/or functionality issue, or (ii) if you fail to implement our recommendations towards the Service, (iii)if the warranty claim is the result of a third-party application or a customization of the Service prepared by you or a third party. Any notice required to be sent pursuant to this section must be sent in writing and before hand.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ANY RESPONSIBILITYFOR THE DELETION, FAILURE TO STORE, MISDELIVERY, OR UNTIMELY DELIVERY OF ANY INFORMATION, MATERIAL OR CONTENT, INCLUDING BUT NOT LIMITED TO ANY OF YOUR CONTENT. WE ALSODISCLAIM ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM DOWNLOADING ORACCESSING ANY CONTENT THROUGH THE APPLICATION. BY USING THE APPLICATION, YOUACKNOWLEDGE AND AGREE THAT THE TECHNICAL PROCESSING AND TRANSMISSION OFINFORMATION VIA MAY ENTAIL TRANSMISSIONS OVER VARIOUS NETWORKS AND ADJUSTMENTSTO CONFORM AND ADAPT TO THE TECHNICAL REQUIREMENTS OF CONNECTING NETWORKS ORDEVICES. WE SHALL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY OF THE FOLLOWING:(A) INCORRECT OR INACCURATE TRANSCRIPTION OF INFORMATION; (B) HUMAN ERROR ORPRINTING ERROR; (C) INTERRUPTION, DELETION, OMISSION, DEFECT, OR LINE FAILUREOF ANY TELEPHONE NETWORK OR ELECTRONIC TRANSMISSION; (D) PROBLEMS RELATING TOYOUR DEVICE OR ANY OTHER COMPUTER EQUIPMENT, SOFTWARE, INABILITY TO ACCESS THEAPP OR THE SERVICES; OR (E) ANY OTHER TECHNICAL OR NON-TECHNICAL ERROR ORMALFUNCTION.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIESOF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUTNOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OFINTELLECTUAL PROPERTY RIGHTS, OR FITNESS FOR PARTICULAR PURPOSE OR ANY IMPLIEDWARRANTY ARISING FROM STATUTE, COURSE OF DEALING, COURSE OF PERFORMANCE, ORUSAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HAVE NOOBLIGATION TO INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS, INCLUDING WITHOUTLIMITATION AGAINST CLAIMS RELATED TO PRODUCT LIABILITY OR INFRINGEMENT OFINTELLECTUAL PROPERTY RIGHTS. Without limiting the foregoing, We expressly disclaims any warranty that the Service will meet Your requirements and/or expectations. You shall assume responsibility for selecting the Service to achieve its intended results and for the results obtained from the use of the Service. You shall bear the entire risk as to its use of the Service. This disclaimer applies to any expenses, damages, or injury, regardless of the cause, whether for breach of contract, strict liability, tortuous behavior, negligence, or for any other cause of action.

911 CALLING NOT AVAILABLE: THE APPLICATION SHALL NOT BE USEDFOR 911 OR EMERGENCY CALLING. YOU MUST MAKE ALTERNATIVE ARRANGEMENTS TO PLACE911 CALLS USING YOUR LANDLINE, MOBILE OR CELL PHONE AND CANNOT RELY ON THESERVICE FOR 911 CALLING CAPABILITY.

WE DO NOT OFFER 911 OR EMERGENCY CALLING FOR THE SERVICE. DO NOT USE THESERVICE TO CALL 911 OR OTHER EMERGENCY SERVICES. YOU ACKNOWLEDGE AND AGREE THATTHE SERVICE IS NOT A SUBSTITUTE FOR A TRADITIONAL TELEPHONE AND THAT YOU WILLAT ALL TIMES HAVE AVAILABLE A MOBILE OR TRADITIONAL LANDLINE PHONE THAT CAN BEUSED TO MAKE OUTBOUND CALLS, INCLUDING CALLING 911 OR ANY OTHER APPLICABLEEMERGENCY SERVICES.

WE RECOMMEND YOU TO SWITCH TO THE ALTERNATIVE MEANS OF ACCESSINGTRADITIONAL EMERGENCY CALLING SERVICES SUCH AS YOUR ORIGINAL PHONE NUMBER (NOTVOIP).

WE DISCLAIM ALL LIABILITY FOR THE CONDUCT OF LOCAL EMERGENCY RESPONSECENTERS, THIRD PARTIES ENGAGED BY YOU TO FACILITATE EMERGENCY RESPONSE LOCATIONOR OTHER ADDRESS UPDATES, AND ALL OTHER THIRD PARTIES INVOLVED IN THE PROVISIONOF EMERGENCY RESPONSE SERVICES. ASPERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE, DISCHARGE, AND HOLD HARMLESS ECHOLINE(INCLUDING ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, ANDAGENTS) FROM AND AGAINST ANY LIABILITYRELATING TO OR ARISING FROM (1) ANY ACTS OR OMISSIONS OF SUCH THIRD PARTIES OROTHER THIRD PARTIES INVOLVED IN THE HANDLING OF OR RESPONSE TO ANY EMERGENCYCALL, (2) YOUR INABILITY TO CONTACT EMERGENCY SERVICES BECAUSE OF A FAILURE OFYOUR DEVICE OR YOUR INTERNET OR DATA CONNECTION, OR (3) YOUR FAILURE TO MAKEADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICE.

9. LIMITATION OF LIABILITY

PLEASE READ THIS SECTION CAREFULLY AS IT MIGH AFFECT YOU DECISION ABOUTUSE OF THE SERVICES

TO THE EXTENT NOT PROHIBITED BY LAW, IN NO EVENT SHALL WE OR OURSUBSIDIARIES, OFFICERS, MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, PARTNERS BELIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGESWHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OFDATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISINGOUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE APPLICATION, HOWEVERCAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE)AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOMEJURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OROF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TOYOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THANAS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEEDTHE AMOUNT OF ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS WILLAPPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

10. INDEMNITY

YOU SHALL INDEMNIFY, DEFEND AND HOLD US AND OUR RESPECTIVE AFFILIATES,SUBSIDIARIES AND OFFICERS, MEMBERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES,PARTNERS AND DESIGNATED AGENTS, AND LICENSORS THEREOF HARMLESS FROM ANY AND ALLLIABILITIES, LOSSES, CLAIMS, DEMANDS, ACTIONS, PROCEEDINGS, DAMAGES, COSTS ANDEXPENSES INCLUDING WITHOUT LIMITATION, REASONABLE LEGAL FEES AND EXPENSES INCONNECTION WITH ANY SUIT OR CLAIM, INCLUDING THOSE ARISING OUT OF: (I) YOURACTIVITIES CARRIED OUT TO BENEFIT FROM SERVICES, (II) ANY BREACH BY YOU OFTERMS OF THIS AGREEMENT, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION,WARRANTY, DUTY OR OBLIGATION CONTAINED HEREIN, (III) ANY FRAUDULENT CONDUCTCOMMITTED OR NEGLIGENCE BY YOU, (IV) ANY BREACH (WHETHER INTENTIONAL OR NOT) OFTHE MESSAGING POLICY AVAILABLE IN MESSAGING POLICY.

11. BINDING ARBITRATION & CLASS ACTION WAIVER

PLEASE READ THIS CAREFULLY. IT AFFECTSYOUR RIGHTS.

Preamble and main principles.

BY ENTERING INTO THISAGREEMENT, YOU AND ECHOLINE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TOPARTICIPATE IN A CLASS ACTION. This Agreement evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this arbitration provision. This arbitration provision will survive termination of this Agreement.

References to “Echoline” or “we” include our past, present, and future parents, subsidiaries, affiliates, and related entities, as well as Echoline’s and all of those entities’ officers, agents, employees, licensors, predecessors in interest, successors, and assigns. References to “you” include your past, present, and future parents, subsidiaries, affiliates, related entities, agents, employees, predecessors in interest, successors, and assigns; and all authorized or unauthorized users or beneficiaries of Echoline Services or products under past, present, or future Agreements between you and Echoline.

This part of the Agreement outlines how disputes between you and Echoline will be resolved through our informal dispute resolution process, individual arbitration, or small claims court. The informal dispute resolution process gives you the opportunity to explain what happened to someone in, or working with, our legal department. Under the terms of this Agreement, Echoline is encouraged to resolve issues early, without going any further.

Here is the brief description of how the process should look like to resolve any disputes that may arose between us:

Informal process first. To resolve your dispute, we encourage and require you to contact us first. A phone call, chat session, or email with us is usually the quickest way to resolve an issue. Try contacting us the following email support@echoline.app or send us a letter to 16192 Coastal Highway, Lewes, DE 19958, Attn: Chief Executive Officer.
You choose. If you aren’t satisfied after talking to customer service, you can choose to file your individual claim in small claims court or send us a Notice of Dispute, which is required before starting arbitration.
Let’s work it out. If you decide not to go to small claims court, start the informal dispute resolution process by sending a Notice of Dispute to our legal department, which you can contact via support@echoline.app. You and Echoline agree to give each other at least 60 days to share information and try to reach an agreement. (We’ll use the same process if we have a dispute with you.) At your or our request, we’ll schedule an Informal Settlement Conference to try to reach an agreement by phone or videoconference.
Pursue an arbitration. If the dispute still isn’t resolved, you can pursue an individual arbitration. The nation’s largest non-profit arbitration provider, the NAM (National Arbitration and Mediation), will administer the arbitration and select the neutral arbitrator, with input from both you and ECHOLINE.

An “arbitration” is a less formal alternative to a lawsuit or jury trial in court. A neutral third party, called an arbitrator, decides the dispute. The arbitrator applies the same law and can award the same individualized remedies that a court could award, but uses streamlined procedures and limits discovery to simplify the process and reduce costs. The arbitrator’s decision is legally binding, and itis subject to very limited review by courts.

Small Claims Option and reporting to state agencies.

Neither in this Agreement prevents either you or Echoline from bringing an action seeking only individualized relief in the small claims court for disputes or claims arise from theft, piracy, or unauthorized use of intellectual property or within the scope of that court's jurisdiction.

This arbitration provision does not preclude you from bringing issues to the attention of federal, state, or local agencies, including, for example, the Federal Communications Commission. Those agencies can, if the law allows, seek relief against us on your behalf.

Pre-arbitration Informal Dispute Resolution Process:

You and Echoline must try to resolve any issues in an informal way first. Customer service is available to help and usually can resolve any concerns you may have. If that does not work, the first step in the dispute resolution process is to send a written Notice of Dispute (“Notice”). The Notice to us may be sent by U.S. mail or professional courier service to our office at: 16192 Coastal Highway, Lewes, DE19958, Attn: Chief Executive Officer (“Notice Address”). You must personally sign this Notice for it to be effective. The Notice must individually describe the basis of your dispute and not any other person’s dispute and must include the following information:

(i) your full name;

(ii) account identifiers such as account ID, profile screenshot, or anything else that allows us to identify your account;

(iii) a thorough description of the dispute, with supporting evidence like screenshots or documents, a detailed description of dispute which must include the nature and factual basis of its claim(s); and

(iv) the specific remedy or resolution you seek, including a detailed calculation of any monetary damages.

If we are the claimant, we will provide you the Notice in the similar manner. To safeguard your Account, you might be required to provide both your authentication and consent for us to discuss your Account or share your Account information with anyone but you, including an attorney (“Authentication and Consent”). The Notice must include the signature of our representative and the following details:

(a)the claimant’s name, address, and phone number;

(b)the Account ID at issue;

(c)the services (if any) to which the claim pertains;

(d)a description of the nature and basis of the claim or dispute; and

(e)an explanation of the specific relief sought and the basis for the calculations.

Whoever sends the Notice must give the other party 60 days after receipt of a complete Notice (including your Authentication and Consent, if required) to investigate the claim. During that period, either you or Echoline may request an individualized discussion as part of the good faith negotiations (including via Google Meet or Zoom etc., by call or by any other videoconference application agreed between us) about the settlement of your dispute (“Informal Settlement Conference”). You and Echoline must work together in good faith to select a mutually agreeable time for the Informal Settlement Conference (which can be after the 60-day period). You and Echoline representative must personally participate, unless otherwise agreed in writing. Your and Echoline’s lawyers (if any) also can participate.

Any applicable statute of limitations or contractual limitations period will be tolled for the claims and requested relief in the Notice during the “Informal Resolution Period.” The Informal Resolution Period is the number of days between the date that the complete Notice (and Authentication and Consent, if required) is received by the other party, and the later of (1) 60 days later or(2) the date the Informal Settlement Conference is completed, if timely requested. Any arbitration proceeding cannot be commenced until after the Informal Resolution Period has ended.

All of the pre-arbitration dispute resolution requirements are essential so that you and Echoline have a meaningful chance to resolve disputes informally. If any aspect of these requirements has not been met, a court can enjoin the filing or prosecution of an arbitration. In addition, unless prohibited by law, the NAM may not accept, administer, assess, or demand fees in connection with such an arbitration. If the arbitration already is pending, it must be dismissed.

Binding arbitration.

If you and Echoline do not reach an agreement to resolve the claim within the Informal Resolution Period, You and Echoline agree that any claim, dispute or controversy arising out of, or relating to, this agreement, or the breach thereof, shall be resolved through final and binding Arbitration to be administrated by (“NAM”)National Arbitration and Mediation and governed by NAM’s Comprehensive Dispute Resolution Rules and Procedures in effect at the time such claim is filed (as modified by this Agreement). Any award of the Arbitrator is final and binding and may be entered as a judgment in any court having jurisdiction. The arbitration shall be in English. A single independent and impartial arbitrator will be appointed remotely pursuant to the Rules, as modified herein.

This arbitration provision is intended to be broadly interpreted. It includes, but is not limited to:

claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, fraud, misrepresentation, or any other statutory or common-law legal theory;
claims that arose before the existence of this or any prior Agreement (including, but not limited to, claims relating to advertising);
claims for mental or emotional distress or injury not arising out of bodily injury;
claims that are currently the subject of purported class action litigation in which you are not a member of a certified class; and
claims that may arise after the termination of this Agreement.

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Notwithstanding the abovementioned only a competent court can decide the following:

a) issues relating to the scope and enforceability of the arbitration provision;

b) whether a dispute can or must be brought in arbitration;

c) whether the NAM cannot or will not administer the arbitration in accordance with this arbitration provision;

d) whether provisions of “Pre-arbitration Informal Dispute Resolution Process”section has been complied with or violated for purposes of awarding reliefunder that subsection that a court can award, and

e) whether provisions of sections “Requirements of Individual Arbitration”, “Batch arbitration”, or “Future Changes to Arbitration Provision” have been complied with or violated.

To file an arbitration request you can use the form available at: https://www.namadr.com/submit-a-case/or by other means in accordance with the NAM rules. A copy of the arbitration demand must be sent to NAM and the Notice Address, and a copy of the Noticemust be attached to your arbitration demand.

If you have a question about the arbitration process or to obtain a current copy of the Comprehensive Dispute Resolution Rules and Procedures and/or fee schedule, NAM’s Commercial Dept. can be contacted at (800) 358-2550 or by NAM’s website at www.namadr.com.

Participation in an informal dispute resolution session is required before initiating arbitration, and, unless prohibited by applicable law, NAM must dismiss any arbitration demand and administratively close the case if the party bringing the demand has not fully adhered to the requirements outlined in this section. The arbitration administrator, unless prohibited by law, may not accept, administer, assess, or demand fees in connection with an arbitration that has been initiated without completion of these informal dispute resolution process. Failure to do so is a breach of this Agreement. If you or us do not follow the requirements of this informal dispute resolution process, a court of competent jurisdiction may enjoin the filing or prosecution of an arbitration. If NAM refuses to enforce any part of this arbitration provision, you and Echoline will select another arbitration provider. If there is no agreement, the court will do so.

As in court, you and Echoline agree that any counsel representing someone in arbitration certifies that they’re complying with the requirements of Federal Rule of Civil Procedure11(b), including a certification that the claim or the relief sought is neither frivolous nor brought for an improper purpose. The arbitrator is authorized to impose any sanctions available under NAM Rules, Federal Rule of Civil Procedure11, or applicable federal or state law against all appropriate represented parties and counsel.

Unless you and Echoline agree otherwise, any arbitration hearings will take place in the county (or parish) of your billing address.

If your claim is valued at $10,000 or less, you may choose whether the arbitration will be conducted solely based on documents submitted to the arbitrator or through a telephonic, videoconference, or in-person hearing under NAM Rules. If your claim exceeds $10,000, the right to a hearing will be determined by NAM Rules. During the arbitration, the amount of any settlement offers must not be disclosed to the arbitrator until after the arbitrator determines the relief, if any, to which you or Echoline is entitled. Regardless of how the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which his or her decision is based. Except as provided in section “Requirement of Individual Arbitration” below, the arbitrator can award the same damages and relief that a court can award under applicable law.

Arbitration fees.

We will pay all NAM filing, administration, case-management, hearing, and arbitrator fees if we initiate an arbitration. If you initiate arbitration of claims valued at $75,000 or less, we will pay those fees, so long as you have fully complied with the requirements in subsection “Pre-arbitration Informal Dispute Resolution Process” In such cases, we will pay the filing fee directly to NAM upon receiving a written request from you at the Notice Address or, if NAM requires you to pay the filing fee to commence arbitration, we will send that amount to NAM and request that NAM reimburse you. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the allocation and payment of all such fees will be governed by NAM Rules.

Requirement of Individual Arbitration.

The arbitrator may award relief (including, but not limited to, damages, restitution, declaratory relief, and injunctive relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND ECHOLINE AGREE THAT EACH MAY BRING CLAIMS AGAINSTTHE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF ORCLASS MEMBER IN ANY PURPORTED CLASS, REPRESENTATIVE, OR PRIVATE ATTORNEYGENERAL PROCEEDING. Further, unless both you and Echoline agree otherwise, the arbitrator may not consolidate more than one person’s or entity’s claims and may not otherwise preside over any form of a representative, class, private attorney general, or public injunction proceeding. If a court (after exhaustion of all appeals) declares unenforceable any of these prohibitions on consolidation or non-individualized relief (such as class, representative, private attorney general, or public injunctive relief), then all other aspects of the case must be arbitrated first. After completing arbitration, the remaining (non-arbitrable) aspects of the case will then be decided by a court.

The arbitrator may consider rulings in other arbitrations involving different customers, but an arbitrator’s ruling will not be binding in proceedings involving different customers.

Decision of the Arbitrator.

Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential, and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.

The arbitration award is binding only between you and Echoline and will not have any preclusive effect in another arbitration or proceeding that involves a different Party.

Batch Arbitration.

To increase the efficiency of administration and resolution of arbitrations, You and Echoline agree that in the event that there are ten (10) or more individual requests for arbitration of a substantially similar nature filed against Echoline by or with the assistance of the same law firm, group of law firms, or organizations, within a ninety (90) day period (or as soon as possible thereafter), NAM shall:

1. administer the arbitration demands in batches of 100 requests per batch (or, if between ten (10) and ninety-nine (99) individual Requests are filed, a single batch of all those Requests, and, to the extent there are less than 100 Requests remaining after the batching described above, a final batch consisting of the remaining Requests);

2. appoint one arbitrator for each batch; and

3. provide for the resolution of each batch as a single consolidated arbitration with one set of filing and administrative fees due per side per batch, one procedural calendar, one hearing (if any) in a place to be determined by the arbitrator, and one final award (“Batch Arbitration”).

All parties agree that requests are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief. To the extent the parties disagree on the application of the Batch Arbitration process, the disagreeing party shall advise NAM, and NAM shall appoint a sole standing arbitrator to determine the applicability of the Batch Arbitration process (“Administrative Arbitrator”). In an effort to expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree the Administrative Arbitrator may set forth such procedures as are necessary to resolve any disputes promptly.

You and Echoline agree to cooperate in good faith with NAM to implement the Batch Arbitration process including the payment of single filing and administrative fees for batches of requests, as well as any steps to minimize the time and costs of arbitration, which may include:

1. the appointment of a discovery special master to assist the arbitrator in the resolution of discovery disputes; and

2. the adoption of an expedited calendar of the arbitration proceedings.

This Batch Arbitration provision shall in no way be interpreted as authorizing a class, collective and/or mass arbitration or action of any kind, or arbitration involving joint or consolidated claims under any circumstances, except as expressly set forth in this subsection.

Future Changes to Arbitration Provision:

Notwithstanding any provision in this Agreement to the contrary, if ECHOLINE makes any future change to this arbitration provision (other than a change to the Notice Address), you may reject any such change by sending us written notice via U.S.Mail within 30 days of the first notice of the change to Legal Department –Revised Arbitration Opt-Out, ECHOLINE, 16192 Coastal Highway, Lewes, DE 19958,Attn: Chief Executive Officer. Include your name, address, phone number, account number, and a statement personally signed by you that you wish to reject the change to the arbitration provision. By rejecting any future change, you are agreeing that you will arbitrate any dispute between you and ECHOLINE in accordance with the language of this version of the arbitration provision.

Forum Selection.

Unless you and ECHOLINE agree otherwise, to the greatest extent permitted by law, the state and federal courts in Dover, Delaware will have exclusive jurisdiction over any disputes (except for disputes brought in small claims court) that are not subject to arbitration or over any action involving the applicability or enforceability of the arbitration provision or any of its parts. You and ECHOLINE consent to the jurisdiction of those courts and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis or any right to seek to transfer or change venue of any such action to another court.

30-Day Right to Opt-Out.

You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending electronic notice of your decision to opt-out to support@echoline.app with the subject line, "ARBITRATION AND CLASS ACTION WAIVER OPT-OUT." The notice must be sent within 30 days of (a) the effective date of this Agreement; or (b) the first date that you used the Service that contained any versions of the Terms that substantially included this version of the Arbitration Agreement(including class action waiver), whichever is later. Otherwise, you will be bound to arbitrate disputes following the terms of these paragraphs. If you opt-out of this Arbitration Agreement, Echoline also will not be bound by it.

To be effective, the opt-out notice must include your full name and indicate your intent to opt-out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve disputes under Section 14"Governing Law ".

Severability of Arbitration Agreement

If any portion of this Arbitration Agreement is found to be unenforceable or unlawful for any reason, (a) the unenforceable or unlawful provision shall be severed from these Agreement; (b) severance of the unenforceable or unlawful provision shall have no impact whatsoever on the remainder of this Arbitration Agreement or the parties’ ability to compel arbitration of any remaining claims on an individual basis under this Arbitration Agreement; and (c) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims must be litigated in court under Section 14 "Governing Law " and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration. Further, if any part of this Arbitration Agreement is found to prohibit an individual claim seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Arbitration Agreement will be enforceable.

Survival

This Arbitration Agreement will survive any termination of your use of the Services.

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12. TERM AND TERMINATION

Unless otherwise provided, this Agreement is effective upon Your acceptance of the Agreement during the registration in Application and shall remain in effect until it is terminated in accordance with the terms of this Agreement. The termination may be initiated:

- By You: You have the option to terminate this Agreement by closing your Account in the Application. Upon such termination, it will become effective at the end of the current term of any active subscriptions. Please note that cancellation when any of Subscriptions are active are not provide entitlement for refund of the unused part. Certain clauses of this Agreement will survive the termination as defined below in this clause.

- By Us: We retain the right to terminate this Agreement and the provision of Services to you, without prior notice, for any reason or without specifying a reason, either in full or in part.

Notwithstanding anything to the contrary in this Agreement, we may suspend, deactivate or terminate your account and your right to use the Service and may block or prevent your access to and use of the Service at any time in its sole discretion, for any reason or no reason, without explanation and without notice (including without limitation blocking You from certain IP addresses).

Clauses from 5 to 14 and any other clause reasonably expected to survive the termination of the Agreement, shall do so and remain active and enforce able even after the termination of the Agreement.

13. COMMERCIAL COMPUTER SOFTWARE

The Application and related documentation are "Commercial Items", as that term is defined at 48 C.F.R. §2.101, consisting of "Commercial Computer Software" and "Commercial Computer Software Documentation", as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R.§227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R.§227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S.Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.

14. GOVERNING LAW

This Agreement is governed, construed and interpreted by the law of the State of Delaware and the federal laws of the United States, consistent with the Federal Arbitration Act without regards to conflict of laws principles.

15. MISCELLANEOUS

A party intending to seek arbitration must first send to the other, by an international courier with a tracking mechanism, a written notice of intent to arbitrate (a “Notice”) using an international courier equipped with a tracking mechanism. In the event that no mailing address has been provided to Echoline by you, alternative methods, including email, may be utilized. The Notice directed to Echoline must be sent to 16192 Coastal Highway, Lewes, DE 19958, Attn: Chief Executive Officer (the "Arbitration Notice Address"). The Notice must (i) outline the nature and grounds of the claim or dispute; and (ii) specify the relief sought (the "Demand"). If an agreement to resolve the claim is not reached within 30 days after receiving the Notice, either you or Echoline may initiate an arbitration proceeding, as outlined below, or file a claim in small claims court.

The American Arbitration Association ("AAA") will oversee the arbitration in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes (the "Rules"), as modified by the terms of this Agreement. The Rules and AAA forms are accessible online at http://www.adr.org. If your Demand equals or exceeds $1,000 or is filed in bad faith, you will be solely responsible for the filing fee.

Arbitration Proceedings will be conducted in English. An independent and impartial arbitrator, based in Dover, Delaware, will be appointed in accordance with the Rules, as modified herein. Both parties agree to adhere to the following rules, designed to streamline the dispute resolution process and alleviate costs and burdens: (i) the arbitration may be conducted online and/or based solely on written submissions, with the specific method chosen by the party initiating the arbitration; (ii) the arbitration will not necessitate any personal appearance by the parties or witnesses unless mutually agreed upon in writing by both parties; and (iii) any judgment on the arbitrator's award may be entered in any court of competent jurisdiction.

16. GOVERNING LAW

Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Delaware, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum. However, if (a) you are not a U.S. citizen; (b) you do not reside in the U.S.; (c) you are not accessing the Service from the U.S.; and (d) you are a citizen of one of the countries identified below, you hereby agree that any dispute or claim arising from this Agreement shall be governed by the applicable law set forth below, without regard to any conflict of law provisions, and you hereby irrevocably submit to the non-exclusive jurisdiction of the courts located in the state, province or country identified below whose law governs:

If you are a citizen of any European Union country or Switzerland, Norway or Iceland, the governing law and forum shall be the laws and courts of your usual place of residence.

Specifically excluded from application to this Agreement is that law known as the United Nations Convention on the International Sale of Goods.

17. MISCELLANEOUS

Entire agreement: You acknowledge that this Agreement and any AdditionalTerms (such as Messaging Policy), constitutes the entire understandingregarding the use of the Service, overriding all previous agreements andunderstandings (including, but not limited to, any prior versions of thisAgreement), unless parties have executed a separate written agreement governingthe Service that explicitly takes precedence over this Agreement.

Collection of data: You agree that we may collect and usetechnical data and related information—including but not limited to technicalinformation about your device, system and application software, andperipherals—that is gathered periodically to facilitate the provision ofsoftware updates, product support, and other services to you (if any) relatedto the Agreement.

Severance: If any provision or portion thereof is deemed illegal, void, invalid, orunenforceable, the said provision will be modified and construed to achieve itsobjectives to the maximum extent permissible under applicable law, and theremaining provisions will remain in full force and effect, unless otherwisespecified herein.

Waiver: The failure to enforce any provision will not waive our right to enforceit at any subsequent time, and a waiver of any breach or default of thisAgreement or any provision will not be considered a waiver of any subsequentbreach or default or of the provision itself.

Headings: The use of section headers in this Agreement is solely for convenienceand will not impact the interpretation of specific provisions.

Relations between the parties: You expressly agree that no jointventure, partnership, employment, or agency relationship arises between You andUs due to this Agreement or the use of the Service.

Notice: When we require you to provide an email address, you are responsible forfurnishing us with a valid and current email address. If the email address youprovide is invalid or unable to deliver notices required by this Agreement, ourdispatch of the email containing such notice will still constitute effectivenotice. You may give notice to us at the contact address provided below. Suchnotice shall be considered given when received by us via letter delivered by anationally recognized overnight delivery service or first-class postage prepaidmail to the address provided.

Assignment: You may not assign any rights or obligations under the Agreement and anyassignment shall be ineffective. We may assign or delegate all rights andobligations under this Agreement without notice to You.

Should You have any questions concerning this Agreement, contact Us at:

Mnboost Corp.

16192 Coastal Highway, Lewes, DE 19958

legal@echoline.app