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Terms and Conditions / Privacy Policy

Last Updated March 2024

Effective Date: Date 03/13/2024 or 03/24

CHAARM AI & Automation

Introduction

CHAARM AI & Automation ("we," "us," or "our") is committed to protecting your privacy. This Privacy Policy outlines how we collect, use, disclose, and safeguard your personal information.

Information We Collect

Personal Information:

When provided voluntarily by individuals, we may collect personal information such as names, addresses, email addresses, and phone numbers.

Non-Personal Information:

For statistical purposes, we may also collect non-personal information such as browser type, operating system, and IP address.

How We Use Your Information

We may use the collected information for purposes, including but not limited to:

Providing and personalising our services.Processing transactions and delivering products.Sending periodic emails related to your orders or inquiries.

Disclosure of Information

We do not sell, trade, or otherwise transfer your personal information to third parties without your consent, except as set forth in this Privacy Policy.

Third-Party Service Providers:

We may share information with third-party service providers who assist us in operating our website, conducting our business, or servicing you.

Legal Compliance:

We may disclose information when required by law or in response to lawful requests by public authorities.Data disclosure laws vary between countries, and even within countries, they can be subject to federal, state/provincial, and local regulations. In the United States and Canada, data disclosure laws encompass a combination of federal and provincial/state regulations. I'll provide you with a brief overview of the major federal laws in both countries.

United States:

Federal Trade Commission Act (FTC Act):

Overview: The FTC Act broadly prohibits unfair and deceptive practices in commerce, including the unauthorised disclosure of personal information.Enforcement: The Federal Trade Commission (FTC) enforces the FTC Act.

Certainly! Here's a draft for CHAARM's policies based on standard e-commerce practices:

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Refund Policy

At CHAARM, customer satisfaction is paramount. We offer refunds under the following conditions:

- If the service has not been activated or used within 7 days of purchase.

- In cases where there have been technical issues that prevented the proper use of the service, and these issues cannot be resolved promptly.

- If a duplicate transaction has occurred due to a technical error.

For refunds, customers must contact our support team with their transaction details and reason for refund within 30 days of purchase.

Delivery Policy

As CHAARM offers digital services and software solutions, delivery is conducted online. Upon completion of your purchase, you will receive an email confirmation containing download links or instructions for accessing the service through your CHAARM account. All services are typically activated immediately after purchase. There may be a buildout time of 14 days depending on the product. Please ensure your email address is correct at checkout to avoid any delays.

Return Policy

Due to the nature of our digital products and services, returns are generally not applicable. However, we are committed to ensuring that you are satisfied with your purchase. If you encounter any issues with the service, please contact our support team for assistance. If it is determined that the service has not met its described features or functions, we will consider granting a return on a case-by-case basis.

Cancellation Policy

Subscriptions to CHAARM services are usually annual commitments. You can cancele 30 days prior to your re-subscription date . To cancel, please visit your account settings and follow the instructions for subscription management. Please note that upon cancellation, your service will continue until the end of the current paid term.

For reservations, cancellations can be made up to 30 days before the scheduled time to avoid any charges. Cancellations made less than 30 days before the appointment may incur a fee.

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These policies should be adjusted as necessary to fit the specific terms and services that CHAARM offers. It’s important to ensure they align with CHAARM’s operational practices and legal requirements.

Gramm-Leach-Bliley Act (GLBA):

Overview: Primarily applicable to financial institutions, GLBA requires these institutions to protect the privacy and security of consumer financial information.Enforcement: Various federal agencies, including the FTC, have enforcement authority.

Health Insurance Portability and Accountability Act (HIPAA):

Overview: Applies to protected health information held by covered entities and their business associates. It sets standards for the privacy and security of health information.Enforcement: The Department of Health and Human Services (HHS) is responsible for enforcing HIPAA.

Children's Online Privacy Protection Act (COPPA):

Overview: COPPA regulates the online collection of personal information from children under 13. It requires obtaining parental consent.Enforcement: The FTC enforces COPPA.

California Consumer Privacy Act (CCPA):

Overview: State-level legislation granting California residents specific privacy rights and imposing obligations on businesses handling their personal information.Enforcement: The California Attorney General can enforce the CCPA.

Canada:

Personal Information Protection and Electronic Documents Act (PIPEDA):

Overview: Applies to private-sector organisations engaged in commercial activities. It regulates the collection, use, and disclosure of personal information.Enforcement: The Office of the Privacy Commissioner of Canada (OPC) oversees PIPEDA compliance.

Provincial Legislation:

In addition to PIPEDA, some provinces have their own privacy legislation. For example, Alberta and British Columbia have their own private-sector privacy laws.

Please be advised these laws are subject to change, and new regulations may be introduced. Always consult with legal professionals to ensure compliance with the latest data disclosure laws that apply to your specific circumstances.

Cookies and Tracking Technologies

We use cookies to enhance your experience on our website. You can control cookies through your browser settings.

Your Choices

You have the right to access, correct, or delete your personal information. To do so, please contact us at [email protected].

Security

We implement reasonable security measures to protect your information. However, no method of transmission over the Internet or electronic storage is completely secure.

Changes to this Privacy Policy

We reserve the right to update this Privacy Policy at any time. Changes will be effective immediately upon posting to the website.

If you have any questions or concerns about this Privacy Policy, please contact us at [email protected] .

Please adapt this template to reflect the specific details of your business and ensure compliance with relevant laws. It's also advisable to seek legal advice to ensure your privacy policy aligns with the latest regulations.Where to find more information regarding the Privacy PolicyTo provide a clear description of the Privacy and Policy practised by a company, please consult the following laws and documents regarding the data processing policy in the online environment:

1. Legal Texts and Government Websites:

Review the actual legal texts of the laws mentioned. This might include the Federal Trade Commission Act, Gramm-Leach-Bliley Act, Health Insurance Portability and Accountability Act (HIPAA), Children's Online Privacy Protection Act (COPPA), and the California Consumer Privacy Act (CCPA) for the United States, and the Personal Information Protection and Electronic Documents Act (PIPEDA) for Canada.Access official government websites, such as the Federal Trade Commission (FTC) in the U.S., the Department of Health and Human Services (HHS), and the Office of the Privacy Commissioner of Canada (OPC).

2. Legal Journals and Publications:Explore legal journals and publications that cover privacy and data protection issues. These may provide in-depth analyses, case studies, and interpretations of relevant laws.

United States:

Federal Trade Commission Act (FTC Act):

Source: United States Code, Title 15, Section 45.

Access: FTC Act - 15 U.S.C. § 45 https://www.law.cornell.edu/uscode/text/15/45

Gramm-Leach-Bliley Act (GLBA):

Source: Public Law 106-102 (1999).Access: GLBA - Public Law 106 – 102 https://www.govinfo.gov/app/details/PLAW-106publ102

Health Insurance Portability and Accountability Act (HIPAA):

Source: Public Law 104-191 (1996).Access: HIPAA - Public Law 104-191 https://www.govinfo.gov/app/details/PLAW-104publ191

Children's Online Privacy Protection Act (COPPA):

Source: 15 U.S.C. §§ 6501-6506.Access: COPPA - 15 U.S.C. §§ 6501-6506 https://www.law.cornell.edu/uscode/text/15/chapter-91

California Consumer Privacy Act (CCPA):

Source: California Civil Code §§ 1798.100 - 1798.199.Access: CCPA - California Civil Code §§ 1798.100 - 1798.199 https://leginfo.legislature.ca.gov/faces/codes_displayText.xhtml?lawCode=CIV&division=3.&title=1.81.5.&part=4.&chapter=&article=

Canada:

Personal Information Protection and Electronic Documents Act (PIPEDA):

Source: S.C. 2000, c. 5.Access: PIPEDA - S.C. 2000, c. 5 https://laws-lois.justice.gc.ca/eng/acts/p-8.6/

Please be advised these sources are direct links to the legal texts of the respective laws. Keep in mind that legal sources are subject to change, and it's essential to check for the latest versions and amendments. Additionally, interpretations of laws may be influenced by court decisions, so legal databases and journals can provide insights into the evolving landscape of data privacy regulations.

Online Legal Databases

Utilise online legal databases like Westlaw, LexisNexis, or other similar platforms. These databases provide access to a wide range of legal materials, including statutes, regulations, and case law.

Academic Papers

Search for academic papers written by legal scholars or experts in the field. Journals and databases like JSTOR, LegalTrac, or Google Scholar can be useful.

Government Reports and Publications

Look for reports and publications from government agencies responsible for enforcing data protection laws. For instance, reports from the FTC or the OPC may provide insights into regulatory practices.

Official Government Gazette

Check official government gazettes for the publication of laws and regulations. These are often the primary sources for legal texts.Remember to verify the latest information, as laws can be amended, new regulations can be introduced, and interpretations of existing laws may evolve. Additionally, consulting with legal professionals is crucial for obtaining tailored advice and staying compliant with the most current legal requirements.

'It’s important that you review and understand these terms before using our platform and services. If you don’t agree to these terms, don’t accept them, make a platform account, or use our platform or services.Only the terms on the right are legally binding. The terms on the left are not legally binding. They are only provided for your convenience. If you have questions about what the terms on the right mean, you should talk to a lawyer.We might update these terms from time to time. We’ll let you know when we do. If you keep using the platform after we update the terms, that means you agree to the updated terms.Always speak to a lawyer to make sure you understand and comply with these terms. Note that there are terms included here that limit your rights, such as warranty disclaimers, limitations of liability, and a mandatory arbitration clause.PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY AND AFFILIATE AGREEMENT (COLLECTIVELY THE “TERMS”), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND CHAARM , INC AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS “CHAARM ,” “WE” OR “US”) AND WILL GOVERN YOUR ACCESS TO AND USE OF THE PLATFORM AND ALL OTHER INTERACTIONS WITH CHAARM RELATED TO THE PLATFORM.ONLY THE TERMS IN THIS RIGHT COLUMN ARE LEGALLY BINDING. THE EXPLANATIONS IN THE COLUMN TO THE LEFT ARE FOR INFORMATIONAL PURPOSES ONLY AND NON-BINDING.IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE PLATFORM. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.CHAARM reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Platform following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.You should consult a lawyer for legal advice to ensure your use of the Platform complies with these Terms and applicable law.You have to be at least 18 years old to use our platform and services.

A2P10DCL Compliance

A2P 10DLC Registration and ComplianceThe Client agrees that the company will apply for A2P 10DLC registration on behalf of the outreach campaign to ensure compliance with applicable regulations. All Client data will be verified and scrubbed against the National Do Not Call (DNC) List to maintain adherence to telecommunication standards. While the Company implements measures to remain compliant, including managing the outreach campaign and scrubbing client data, the Client acknowledges and agrees that ultimate responsibility for maintaining compliance lies with the Client's team. This includes ensuring that any responses or follow-up communications initiated by the Client’s team comply with the outlined campaign rules, such as:Avoiding contact with any individual more than three times in a single day.Refraining from contacting individuals who have explicitly indicated disinterest.Scope of Compliance Obligation the Client agree to act in good faith to remain compliant with all applicable laws and regulations throughout the outreach campaign. The Client acknowledges that any non-compliant actions taken by their team, including but not limited to excessive or unsolicited communication, remain their sole responsibility.

1. Use of Platform

1.1. Age Restrictions. You must be at least 18 years old to use the Platform. By accepting these Terms, creating a Platform Account, or using the Platform, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a "Minor") create a Customer account and/or use the Platform, you agree to: (i) supervise the Minor’s use of the Platform and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Platform and their Customer account; (iii) ensure that the content on the Platform is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.The person who accepts these terms is the owner of the platform account. If you accepted the terms on behalf of a business entity, the business entity is the owner of the platform account.1.2. Platform Account Ownership. Your use of the Platform is conditioned on your provision of complete, current, and accurate information when registering for a Platform Account. The Platform is intended for business use or in connection with an individual’s trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Platform Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Platform Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity.YOU can’t use our platform in a way that breaks our rules or the law. You are responsible for making sure you and your customers’ use of the platform and services is compliant with applicable laws and regulations.1.3. Intended Use. You and your customers may use the Platform only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use of the Platform; (iii) You are fully responsible for the use of the Platform by your customers; (iv) You, your employees, agents and customers will not misrepresent the Platform or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) You own or control all rights in and to all content you provide to CHAARM , including, but not limited to, any code provided to customize the Platform for your customers; (vii) You will be solely responsible for your use of the Platform, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Platform; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providerWe take privacy seriously. Make sure to read our Privacy Policy and Data Processing Agreement. You also need to have a Privacy Policy of your own that you make available to your customers.1.4. Privacy. By using the Platform and providing Information on or through the Platform, you consent to CHAARM ’s use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that CHAARM has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by CHAARM . You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers’ data to us for use and disclosure in accordance with these Terms and our Privacy Policy.Keep your Login Credentials confidential. Let us know if you think someone has gained unauthorized access to your account.1.5. Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Platform Account and Login Credentials, whether or not authorized by you. You agree to notify CHAARM immediately of any unauthorized access to or use of your Platform Account or Login Credentials or any other breach of security. CHAARM reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in CHAARM ’s opinion, you have violated any provision of these Terms. Platform Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Platform Account with your Login Credentials.We are a platform provider ONLY. We don’t originate, send, or deliver any communications on your behalf. If you use any of the communication services features on our platform, you are responsible for making sure your communications comply with applicable laws, including but not limited to the Telephone Consumer Protection Act (“TCPA”) and CAN-SPAM Act.1.6. Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. CHAARM is not responsible for your compliance with laws and does not represent that your use of the Platform will comply with any laws. CHAARM is a technology platform communication service application provider ONLY. CHAARM does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Platform at Your direction.Some features on our platform leverage third-party services. We are not in control of those third party services, so we’re not liable for problems that arise from them. By the way, if you have been assigned phone numbers or email addresses to be used through our platform, we might have to release those phone numbers or emails if you pause or delete your account, and the phone numbers or addresses may no longer be available if you reactivate or unpause your account.1.7. Third Party Services. The Platform may leverage or include access to Third Party Services. CHAARM is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Platform Account, certain features or functionality (such as LeadConnector phone numbers or email services) may not be retrievable upon reactivation. If you pause some or all of your Platform Account for more than thirty (30) days, and CHAARM is still incurring costs on your behalf related to Third Party Services (such as the costs of securing a particular phone number on your behalf), CHAARM reserves the right to release the phone number or delete some or all of your Platform Account in its sole discretion, without liability. CHAARM disclaims all liability related to outages or downtime of Third Party Services.There might be content on our platform that was created or provided by third parties. We’re not responsible or liable for that content.1.8. Third Party Content. The Platform may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of CHAARM . CHAARM is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.If you customize the platform, make sure your customizations don’t infringe anyone’s intellectual property rights.1.9. Customizations. Portions of the Platform may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Platform. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers’ customized look and feel of the Platform. You acknowledge that you may not be able to customize the Platform according to your unique branding to the extent that your customization would appear to be independently developed. CHAARM may remove any of your modifications at any time without advance notice and without liability to you.If you use more data than what’s contemplated by your pricing plan, you might be required to upgrade your plan.1.10. Excessive Use Restrictions. We provide access to the Platform on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in CHAARM ’s sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Platform in anyway, we may (1) require that you upgrade your Services in order to continue your activity levels if your data use exceeds the intended use of your existing Platform tier or if CHAARM ’s operational costs to support your Platform usage exceeds the subscription price; (2) suspend or terminate your use of the Platform or Services, and/or (3) reduce the amount of data you are able to use.We make regular updates to our platform, and sometimes those updates might affect the previous mode of operation of the platform.1.11. Platform Updates. CHAARM reserves the right to make updates or changes to the Platform at anytime, including changes that may affect the previous mode of operation of the Platform. You agree that your use of the Platform or purchase of Services is not contingent on CHAARM ’s delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any third-party services.We don’t allow access to our platform by those located in embargoed countries. You are responsible for compliance with any local laws that might be applicable to your use of the platform.1.12. International Use. If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Platform. CHAARM makes no representation that materials on the Platform are appropriate or available for use in locations outside the United States. Those who choose to access the Platform from other locations do so on their own initiative and at their own risk. If you choose to access the Platform from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with the Platform is void where prohibited.If you are authorized to resell access to the platform, you can’t advertise prices that are lower than CHAARM ’s prices. There might be exceptions to this rule by law. We also reserve the right to make exceptions to the rule in our sole discretion, and we can revoke those exceptions at anytime.

2. Resale MAP Policy.

If you are authorized to resell access to a version of the Platform that is customized for or by You, You must comply with our Minimum Advertised Price Policy (“MAP Policy”) as described below:a. Minimum Advertised Price. You cannot advertise access to the Platform for an effective price that is less than the Standard Prices offered by CHAARM (the “MAP Policy”). Standard Price for one Sub-Account is $1,997 USD for monthly subscriptions or $20,700 USD for an annual subscription. CHAARM reserves the right to change its Standard Prices at any time, for any reason. In the event of a change to CHAARM ’s Standard Prices, you are responsible for ensuring your continued compliance with the MAP Policy. For the avoidance of doubt, CHAARM may run special pricing offers, promotions, or discounts from time-to-time (“Special Pricing”). CHAARM ’s use of Special Pricing does not create an exception to the MAP Policy. Any changes to this MAP Policy will be communicated by a change to these Terms or by other forms of communication deemed appropriate by CHAARM in its sole discretion.b. Advertised Price and Final Sale Price. The price at which you are advertising access to the Platform is determined after deduction of coupon discounts, rebates, value of product giveaways, gift card amounts, and other promotional offers, that have the effect of lowering an advertised price (“Advertised Price”). The MAP Policy only applies to the Advertised Price. The final price at which you resell access to the Platform (“Final Price”) is not subject to the MAP Policy.c. Exceptions to MAP Policy. a. CHAARM reserves the right to make exceptions to this MAP Policy at any time, for any reason, in its sole and absolute discretion. Such exceptions must be made in writing, and may be revoked at any time, for any reason, in its sole and absolute discretion.b. The MAP Policy does not apply to Advertised Prices displayed at brick-and-mortar selling locations where the Advertised Price is not distributed or visible to customers outside said location, or where Final Prices are first disclosed to customers in “shopping carts” for web-based sales (so long as such Final Prices cannot be retrieved by search engines or otherwise displayed to customers).c. This MAP Policy does not apply to advertising within any jurisdiction in which minimum advertised price policies are prohibited by law. It is a violation of this policy, however, to transmit an Advertised Price less than the MAP Policy from any such jurisdiction to customers in any jurisdiction in which the MAP Policy is permissible.d. For sales into the European Union and United Kingdom, this MAP Policy does not prohibit you from offering customers discounts or communicating to customers that the Final Price could differ from the Advertised Price..d. Resale Restrictions. When reselling access to the Platform, you agree that you are fully liable to your customers for their access to and use of the Platform, and you are solely responsible for the resolution of all customer disputes and inquiries. CHAARM may offer, but is not obligated, to assist in resolving customer disputes or inquiries in its sole discretion. If CHAARM determines, in its sole discretion, that you are failing to provide your customers with adequate resolutions to their disputes and inquiries, or if we receive complaints that you are not responding to legitimate customer disputes or inquiries, we may exercise our ability to terminate your Platform Accounts Do not pretend to be an employee or representative of CHAARM when reselling the platform.e. You Are Not CHAARM . You are prohibited from representing yourself as a CHAARM employee or otherwise implying an association with CHAARM when reselling access to the Platform. You may not direct your customers to contact CHAARM for any reason, including but not limited to Platform support.f. Suspension and Termination. We may suspend or terminate your ability to resell access to the Platform in our sole discretion, with or without notice, if you violate the MAP Policy or these Terms or for any other reason in our sole and absolute discretion. Read this list carefully. These are behaviors that we do not tolerate by users of our platform. If you engage in any of these behaviors, we might terminate your platform account.

3. Prohibited Uses

The following are considered Prohibited Uses of the Platform. Engaging in a Prohibited Use is a material breach of this Agreement for which CHAARM may immediately suspend or termination your Platform Account in accordance with these Terms:

Use of the Platform in any way that violates any applicable law or regulation.Use of the Platform to exploit, harm, or attempt to exploit or harm anyone in any way.Use of the Platform to send, receive, upload, download, use, or re-use any material that does not comply with these Terms.Use of the Platform to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.Impersonating or attempting to impersonate CHAARM , a CHAARM employee, another user or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the PlatformEngaging in any conduct that would may, as determined by CHAARM , harm Platform users or CHAARM , or expose either to liability. Use of the Platform in any manner that could disable, overburden, damage, or impair the Platform or interfere with any other party's use of the Platform, including their ability to engage in real time activities through the Platform.Use of any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.Use of any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without CHAARM ’s prior written consent.Use of any device, software or routine that interferes with the proper working of the Platform.Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Platform, the server on which the Platform is stored, any server, computer, or database connected to the Platform.Attacking the Platform via a denial-of-service attack or a distributed denial-of-service attack.Otherwise attempting to interfere with the proper working of the Platform.

As a general rule, fees are nonrefundable, and we don’t provide refunds or credits.Note that some subscription fees require minimum commitments. In those cases, we can’t cancel your subscription until you’ve fulfilled the minimum commitment.If you decide to pass through any subscription fees to your customers, you cannot mark-up the fees.

4. Payment

a. Fees. Your use of the Platform is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Platform. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information (name, address, credit card information, and phone number) and notify us of any changes within 10 days of the change.b. Noncancellable Fees. Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved.c. No Mark Ups. You may not mark-up or increase any CHAARM Fees that you pass through to Your customers or third parties. You are solely responsible for all pass-through Fees and related expenses, including but not limited to refunds and charge backs of such pass-through Fees. CHAARM is not responsible for resolving issues or disputes between You and Your customers regarding pass-through Fees.You’re responsible for taxes related to the platform and transactions you conduct with your customers. You might have to indemnify CHAARM if there is a tax issue related to your platform usage.

We might terminate your account if we can’t collect payment from you.

If you have a payment dispute, let us know right away.d. Taxes. You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Platform, including all Taxes associated with transactions you conduct with your customers. CHAARM may collect Taxes from you as part of the Fees as legally required or as CHAARM deems appropriate, and all CHAARM determinations regarding what Taxes to collect are final. CHAARM may recalculate and collect additional Taxes from you if it determines at any point that they are due. You will indemnify CHAARM for all Claims related to Taxes that are associated with your activities on the Platform, including any Taxes related to your transactions with your customers as further described below. Taxes are nonrefundable.e. Overdue Amounts. If, for any reason, your credit card company declines or otherwise refuses to pay the amount owed for the Services you have purchased, you agree that we may suspend or terminate your use of the Platform and/or delivery of Services and may require you to pay any overdue Fees and other amounts incurred (including any third-party chargeback fees or penalties) by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.f. Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. Where you are disputing any Fees or charges, you must act reasonably and in good faith and cooperate diligently with us to resolve the dispute. All CHAARM determinations regarding your obligation to pay invoiced Fees and charges are final.g. No Refunds or Credits. Except as described below, all Fees assessed by CHAARM are non-refundable. You are solely responsible for any excess Fees incurred by You as a result of an error or omission made by You or a third party. CHAARM does not provide Fee refunds or credits for such errors or omissions, or for partially used or unused Platform or Services subscriptions. If you sign up for a subscription but do not access the Service or Platform, you are still responsible for all Fees during the term of your subscription. Except as may be required by law, CHAARM reserves the right to issue or deny a refund or credit in its sole and absolute discretion, at any time, for any reason, and CHAARM ’s determination of if and when to issue or deny a refund or credit is final.h. Cancellations. You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. No refunds will be provided for your failure to properly cancel the Services associated with your account.i. Your Responsibility For Financial Transactions. You are solely responsible for all financial transactions you and your customers engage in on the Platform or using the Services, including transactions conducted using billing tools enabled by the Services. You are exclusively responsible for all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback.If you’re interested in earning commissions for referring customers to CHAARM , check out our Affiliate Program.

5. Affiliate Program

CHAARM offers an Affiliate Program under which customers may receive commissions for referring new accounts to CHAARM . Your participation in the Affiliate Program is subject to CHAARM ’s approval and your acceptance of the Affiliate Agreement, a copy of which is available here and is incorporated herein by reference. You must establish a payment account linked to your CHAARM account in order to earn and receive commission payouts. Commissions may be forfeited if CHAARM is unable to submit payment to your payment account for any reason.We own the platform and the content on it. You can use the content for the purpose of making the platform available to you and your customers.We own our trademarks and service marks.

6. Intellectual Property

6.1. Platform Content. The Platform and Platform Content are the property of CHAARM or its licensors and are protected by copyright, trademark and other intellectual property laws, except as indicated below. Platform Content does not include User Contribution(s), as defined below. CHAARM grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Platform Content while using the Platform for the purpose of making the Platform available to You and Your customers. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Platform Content without prior permission of CHAARM is strictly prohibited.6.2. CHAARM Marks. CHAARM Marks are trademarks and services marks of CHAARM and may not be used without advance written permission of CHAARM , including in connection with any product or service that is not provided by CHAARM , or in any manner that is likely to cause confusion, or in any manner that disparages, discredits, or misrepresents CHAARM . You may not remove any CHAARM Marks or other proprietary notices, including, without limitation, attribution information, credits, and copyright notices that have been placed on or near the Platform or Platform Content. Other products or company names mentioned on the Platform may be trademarks or service marks of their respective owners. Third-party websites may feature CHAARM Marks, with or without authorization, and such usage of CHAARM Marks does not constitute or imply any approval, sponsorship, or endorsement by CHAARM .You own the content that you post on our platform, but you give us permission to use the content.If the content that you post violates these terms, we will take it down. You can’t post anything inappropriate or offensive, or materials that infringe someone else’s intellectual property rights6.3. User Contributions. User Contributions are considered non-confidential and non-proprietary. You grant CHAARM , our service providers and each of their licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for any purpose. You also grant CHAARM the right to use Your Information and User Contributions to improve the Platform, develop new services, and/or improve CHAARM ’s overall product offerings and business model. CHAARM is not responsible or liable to any third party for the content or accuracy of any User Contributions, nor do we endorse the User Contribution of third parties. CHAARM is not responsible for any failure or delay in removing User Contributions that violate the Terms. CHAARM reserves the right to delete or otherwise remove any User Contributions we deem to be in violation of these Terms, with or without notice, at any time, for any reason. You represent and warrant that: (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above; (ii) All of your User Contributions comply with these Terms; and (iii) You understand and acknowledge that you are responsible for the legality, reliability, accuracy and appropriateness of your User Contribution.6.4. Prohibited User Contributions. You are prohibited from posting User Contributions on the Platform that: (i) Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, invasive of another’s privacy, or includes graphic descriptions of sexual or violent content; (ii) Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) Infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; or (iv) Breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of the Platform, or attempt to gain access to other networks or servers via your Platform account.If you give us ideas on how to improve our platform or any other element of our business, then we have your permission to use that idea without compensating you. 6.5. Feedback. If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and CHAARM has no obligation to use the Feedback. You grant CHAARM and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to CHAARM without restrictions or payment or other consideration of any kind, or permission or notification to you or any third party. The license includes, without limitation, the irrevocable right to reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, license the Feedback, and all rights therein, in the name of CHAARM or its designees throughout the universe in perpetuity in any and all media now or hereafter known. You represent that the Feedback is your own original work, you have all necessary rights to disclose the Feedback to CHAARM , and neither your disclosure of the Feedback nor CHAARM 's review and/or use of the Feedback will infringe upon the rights of any other individual or entity. If your Feedback is the subject of a patent that is pending or has been issued, You are required to disclose that fact to CHAARM .6.6. Feedback Waiver. You hereby irrevocably release and forever discharge CHAARM from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against CHAARM with respect to the Feedback, including without limitation how CHAARM directly or indirectly uses the Feedback. You agree that you are responsible for the content of the Feedback and further agree (at CHAARM 's option and at your sole expense) to defend, indemnify, and hold CHAARM harmless from any and all actions, claims, and liabilities, demands, whether absolute or contingent and of any nature whatsoever, damages, losses, costs, fees, fines or expenses, including reasonable attorneys' fees, which CHAARM may incur as a result of use of the Feedback in accordance with these Terms.If you think someone is infringing your copyrights, let us know by following the process described in this section.6.7. Copyright; Digital Millennium Copyright Act. If you believe that Your copyrights have been infringed, or that your intellectual property rights have been otherwise violated by a third party’s use of our Platform, you should notify us of your infringement claim in accordance with the procedure set forth below. We will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to [email protected] (Subject line: “DMCA Takedown Request”) and mailed to the designated copyright agent address below.Our designated copyright agent to receive DMCA Notices is:CHAARM IncAttention: Copyright Agent400 N. Saint Paul St. STE 920Dallas, TX 75201To be effective, the notification must be in writing and contain the following information:

an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;a description of the copyrighted work or other intellectual property that you claim has been infringed;a description of where the material that you claim is infringing is located on the Platform, with enough detail that we may locate it;your address, telephone number, and email address;a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law; anda statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.Counter-Notice: If you believe that your User Contribution that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to upload or display the content in your User Contribution, you may send a written counter-notice containing the following information to the above-listed Copyright Agent:your physical or electronic signature;identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;a statement that you have a good-faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and

your name, address, telephone number, and email address, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.

If a counter-notice is received by our copyright agent, we will send a copy of the counter-notice to the original complaining party, informing that person that CHAARM may repost the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be reposted, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.

We may, at our sole discretion, limit access to the Platform and/or terminate the account of any user who infringes any intellectual property rights of others.Our platform doesn’t come with any warranties—it is provided “as is.”

7. Disclaimers

THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE PLATFORM IS AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. YOU AGREE THAT CHAARM HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE PLATFORM WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR Defects. You ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE THAT CHAARM IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.CHAARM MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR THIRD PARTY SERVICES, OR IN CONNECTION WITH THE PLATFORM, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY OR THROUGH THIRD PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTIONAny direct damages that CHAARM might owe are capped at the amounts you paid us in the three month period before the act giving rise to the liability.CHAARM is not responsible for any damages that indirectly resulted from an incident 8. Limitation of Liability, Indemnification, and MitigationYour exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Platform or the Services shall be limited to the amount you paid us for Services purchased on the Platform during the three (3) month period before the act giving rise to the liability. NO EVENT SHALL CHAARM BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE PLATFORM OR THIRD PARTY SERVICES OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THE PLATFORM.FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY SERVICES OR DISRUPTIONS THEREOF, OR THIRD PARTY PROMISES AND/OR STATEMENTS REGARDING OUR PLATFORM SERVICES OR CONTENT OR FOR TRANSACTIONS WITH THE THIRD PARTY THROUGH THE PLATFORM, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.If you breach these terms, give us inaccurate information, engage in gross negligence or willful misconduct, or if you or your customers violate the law, you might have to indemnify us.

A2P10DCL Compliance

Intellectual Property Rights

If a third party claims that our platform violates their intellectual property rights, we’ll either (i) obtain the proper licenses so that you can continue using the platform; (ii) modify or replace the platform; or (iii) shut down the platform. You agree to defend, indemnify, and hold CHAARM harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with your use of the Platform (“Claims”), including, but not limited to: (a) our use of or reliance on information or data supplied or to be supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) the wrongful use or possession of any CHAARM property by you, your employees, agents, or customers; (d) any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers; (e) misrepresentations by you, your employees, agents, or customers (f) violation(s) of applicable law by you, your employees, agents, or customers, (g) your actions and the actions of your employees, agents, or customers; (h) the acts or omissions of you, your employees, agents, or customers in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services, (i) Taxes and other Fees and/or (j) any disputes between (1) you and other users (2) you and your client(s) and/or (3) your customers.If the Platform is found to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Platform as contemplated by these Terms; (b) modify or replace the Platform, in whole or in part, to seek to make the Platform non-infringing; or (c) require you to immediately cease any use of the Platform..If you have a claim related to these terms or the platform, you need to commence action within three months.9. Limitation On Time To File ClaimsANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.Sometimes money won’t fix the problem if you breach these terms. In those instances, we might seek equitable relief, like an injunction.10. Injunctive ReliefYou agree that a breach of these Terms will cause irreparable injury to CHAARM for which monetary damages would not be an adequate remedy, and CHAARM shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.11. Waiver And SeverabilityYou agree that a breach of these Terms will cause irreparable injury to CHAARM for which monetary damages would not be an adequate remedy, and CHAARM shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security. No waiver by CHAARM of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of CHAARM to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.12. Change of ControlCHAARM may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without CHAARM ’s prior written consent which may be withheld at CHAARM ’s sole discretion.13. Entire AgreementExcept as noted below, these Terms constitute the sole and entire agreement between you and CHAARM with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of CHAARM .CHAARM may enter into a separate agreement with you. The terms of any separate agreement between you and CHAARM will be considered a part of your entire agreement with CHAARM . To the extent there is a conflict between these Terms and the terms of your separate agreement with CHAARM , your separate agreement with CHAARM will control.We can terminate this agreement and your access to the platform at any time, for any reason.14. Term and TerminationThese Terms will remain in full force and effect so long as you maintain a Platform Account. The sections of these Terms that are intended to survive termination of your Platform Account will remain binding even after you are no longer a Platform user.a. Grounds for Termination. You agree that CHAARM , in its sole discretion, may suspend or terminate your access to the Platform (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party for any claims, damages, costs or losses resulting therefrom. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Platform, and reporting you to the proper authorities, if necessary. CHAARM reserves the right to delete Platform Accounts that have remained inactive for at least one (1) year.b. No Right to Services Upon Termination. Upon termination and regardless of the reason(s) motivating such termination, your right to use the Platform will immediately cease. CHAARM is not liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us with regards to your Platform access.c. How to Terminate or Make Adjustments. If you, for any reason, would like to terminate your access to the Platform or make adjustments, CHAARM requires written notice at least 30 days before your next billing date.d. No Termination by Third Party Users. CHAARM has limited access to subscriptions not directly purchased from us. Any user who has been given access to the Platform by any party other than CHAARM must contact the party who originally provided access to the Platform for any inquiries related to termination.e. Force Majeure. In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of the Platform or any associated product or service through the Platform arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.If we have a dispute that can’t be resolved, we will solve it using arbitration.Make sure you talk to a lawyer to understand this section.15. Applicable Law, Binding Arbitration, and Class Action Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION.The laws of the State of Texas will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws.Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Dallas, Texas. Any arbitration award may be entered in a court of competent jurisdiction.All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.16. Communications and Contact InformationAll notices to a party shall be in writing and shall be made via email. Notices to CHAARM must be sent to [email protected]. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt.CHAARM may contact you regarding these Terms using any information you provide, or by any other means if you do not provide contact Information. If you no longer wish to receive communications from CHAARM , you can click on the “unsubscribe link” provided in such communications or contact us at [email protected].When you create a Platform account, you must designate a primary email address that will be used for receiving electronic communication related to these Terms. CHAARM will never send you an email requesting confidential information such as account numbers, usernames, or passwords, and you should never respond to any email requesting such information. If you receive such an email purportedly from CHAARM , do not respond to the email and notify CHAARM by emailing us at.For all other feedback, comments, requests for technical support, and other communications relating to the Platform or the Terms, please contact us at or by mail at:CHAARM Inc.ATTN: Legal Department12873 King St Broomfield Co 80020., If a term is capitalized in this document, that means it has a specific definition. Here’s the list of definitions for capitalized terms.17. Definitions17.1. “Communication Surcharges” means any applicable communications service or telecommunication provider (e.g., carrier) fees or surcharges related to your use of the Platform.17.2. "Feedback” means ideas You provide to CHAARM regarding improvements, enhancements, new features, new products, or other concepts related to the Platform, Services, or other matters related to CHAARM ’s business.17.3. “Fees” means any fees associated with the Platform, including but not limited to the monthly subscription services fee and any fees associated with add-in Services that you may purchase.17.4. "CHAARM Marks” means the CHAARM name and related logos and service marks of CHAARM .17.5. “Information” means data about You and Your customers that CHAARM collects on the Platform, including but not limited to information required to create a Platform Account and use the Platform for the intended purpose.17.6. “Login Credentials” means the username and password used to access your Platform Account.17.7. “Platform” means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through CHAARM ’s website or mobile application.17.8. “Platform Account” means the account you created in order to access and use the Platform.17.9. “Platform Content” means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Platform. Platform Content does not include User Contributions.17.10. “Prohibited Conduct” means the behaviors described in Section 3.17.11. “Services” means the variety of product integrations and services that CHAARM makes available on the Platform. Services may include Third Party Services.17.12. “Sub-Account” means a subscription for one business under a Platform Account.17.13. “Third Party Content” means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Platform.17.14. “Third Party Services” means any Services or other services owned and provided by a third party vendor that CHAARM makes available to You as a Service on or through the Platform.17.15. “Training” means any training, information or suggested usages conveyed by CHAARM about the Platform.17.16. “User Contributions” means content or materials that you post, submit, upload, publish, display, or transmit on or through the Platform or to CHAARM directly.17.17. “You” or “you” or any derivatives thereof means the individual who accepted the Terms or the business entity that the individual represents. “You” also includes any and all agents, employees, or third parties that are authorized to act on your behalf.

Privacy Policy

Last Updated SEPTEMBER 20231. OverviewChaarm Ai Inc. (“Chaarm Ai,” “we,” “us,” and “our”) respects your privacy and is committed to protecting it through compliance with this Privacy Policy (“Privacy Policy”). This Privacy Policy describes how we collect and use your Personal Information when you visit our website at https://www.chaarmai.com or otherwise use the Platform as described further in the Terms of Service, and that you may provide in electronic messages to Chaarm Ai.Please read this Privacy Policy to understand our policies and practices regarding your Personal Information and how we will handle it. If you do not agree with our policies and practices, do not use the Platform. By accessing or using the Platform, you agree and consent to this Privacy Policy.Chaarm Ai may change this Privacy Policy at any time, at its discretion. Your continued use of the Platform after we make changes is deemed to be acceptance of and consent to those changes, so please check the Privacy Policy periodically for updates.This Privacy Policy is subject to and governed by the Chaarm Ai Terms of Service. The Services are part of the Platform and are described further in the Terms of Service.2. The Types of Information That Chaarm Ai Collects About You and How Chaarm Ai Collects Information About YouChaarm Ai may collect two types of information from you when you visit the Platform: Personal Information and Non-Personal Information (collectively “Information”).

“Personal Information” refers to data by which you may be personally identified, such as name, email address, employer, job title and department, and telephone number.“Non-Personal Information” means data that is about you, but does not identify you specifically. If you do nothing during your visit to our Platform but browse, read pages, or view content, we will gather and store Information about your visit that does not identify you personally.

We collect Information:

Directly from you when you provide it to us. When you subscribe to a newsletter, create an account, make a purchase or request information from Chaarm Ai, we will ask for things like your name, contact, billing, shipping and communication information, and account ID or credentials in order to fulfill your request. If you set up an appointment with us through the Platform, attend a trade show or event, or otherwise contact us, you may also voluntarily provide similar information. If you submit any Personal Information about other people to us or to our service providers, you are responsible for making sure that you have the authority to do so and to allow us to use their Personal Information in accordance with this Privacy Policy (for example, by You asking for their consent).From third parties. We obtain information through partners, vendors, suppliers and other third parties. The parties from whom we obtain information are typically corporate enterprises (although some may also be educational or public enterprises) and they may be located in any of the locations in which we do business. These enterprises largely fall into the following categories: Advertising and marketing companies, data set and information vendors, public database providers, social media platforms, partners, providers of products or services, hosts or vendors at events or trade shows, research partners, or enterprises that use Chaarm Ai Services. We take steps to confirm that information we receive from these third parties has been collected with your consent or that these parties are otherwise legally permitted to disclose your Personal Information to us. We might also obtain information through a partner, or co-create datasets with a partner, as part of our business operations. This kind of data is used for work like improving the Platform and other Chaarm Ai Services, enhancing existing products and developing new capabilities and features. In some cases we combine Personal Information about individuals that we receive from multiple sources, including directly collected from you or through your use of the Platform.Automatically as you navigate through the Platform or during the time in which you utilize our Services. We collect information about how you interact with the Platform through the use of cookies, pixel tags, and similar technologies. Please view our separate Cookies Policy for more information on our use of cookies and similar technologies, how you can manage cookies and how we respond to Do Not Track signals.

3. How Chaarm Ai Uses Personal Information It Collects About You and the Purposes for the Collection and UseWe use Personal Information that we collect about you or that you provide to us for the following purposes:

For Functionality and Development of the Platform and Chaarm Ai Services. We use information to provide, offer, and personalize the Platform and other Chaarm Ai Services provided to you. Some information, like your IP address, is used to communicate with your device to provide network connectivity, measure usage levels of the Platform, diagnose server problems and provide security features. Other business purposes that depend on use of your information include data analysis related to testing, modifying, improving or developing new products, services and technologies, and to identify trends. We use cookies to make our websites and the Platform operate, work more efficiently, and provide analytic information. Technologies similar to cookies, such as pixel tags are also used in connection with the Platform. For more information on our use of cookies, please read our Cookies Policy.For Customer Support, Platform Updating and Reporting. The Platform may use information to provide Chaarm Ai with updates and reports, and to check that the Platform is working properly. Update functions may automatically check your system to see whether files need to be refreshed, updated, or modernized, in order to provide you with the up-to-date security, versions, features, options and controls associated with your systems or devices. We rely on information to analyze performance and improve and maintain the Platform. We also rely on Personal Information you provide to us to provide you with customer support for the Platform and other Chaarm Ai Services, and to verify eligibility for promotional offers.For Business Operations. We use information to operate our business; for example, to perform accounting, auditing, billing, reconciliation, and collection activities. Other business purposes that depend on use of your Personal Information include crime or fraud monitoring and prevention, protecting our legal rights, and performing contractual obligations. We also use Personal Information to contact you to advertise, market and sell Chaarm Ai Services in accordance with your communications preference to Communicate. We use contact information to send messages; to provide Chaarm Ai Services; to respond to customer service requests; to provide alerts such as security updates or changes in our policies or about subscriptions that are ending; and to send marketing or informational materials like newsletters or white papers, in accordance with your communication preferences. We occasionally conduct surveys, or do focused research or studies which may require you to voluntarily share Personal Information in order to participate. These activities typically have additional notices that provide more information about the use of your Personal Information and to which you may be asked to consent.For Advertising and Marketing. We may use Personal Information collected from you, combined with information about what advertisements you viewed and other information we collect, to enable us to provide personalized content and to study the effectiveness of advertising and marketing campaigns. You may choose whether to allow or deny uses or sharing of your device’s location by changing your device settings, but if you choose to deny such uses or sharing, we may not be able to provide you with certain personalized Chaarm Ai Services and content on the Platform.For Statistical Purposes to Improve the Platform. We may compile Platform statistics into traffic reports, which help Chaarm Ai understand, anticipate, and respond to user needs. If we learn, for example, of heightened interest in certain aspects of the Chaarm Ai Platform, we are likely to highlight that information on the Platform home page. This Information helps us create a better overall experience for Platform users.

LEGAL BASIS FOR OUR USE (APPLICABLE ONLY TO EEA AND UNITED KINGDOM VISITORS): If you are in the European Economic Area or the United Kingdom, our legal basis for collecting and using the Personal Information described above will depend on the Personal Information concerned and the specific context in which we collect it.However, we will collect Personal Information from you only where we have your consent to do so, where we need the Personal Information to perform a contract with you, where we have a legal obligation to do so, or where the processing is in our legitimate interests (such as processing for administrative purposes, direct marketing, product development or improvement, preventing fraud or criminal acts and in support of information security) and not overridden by your data protection interests or fundamental rights and freedoms. If we ask you to provide Personal Information to comply with a legal requirement or to perform a contract with you, we will make this clear at the time of collection. We will also tell you whether the requirement for that information is mandatory and explain any consequences to you if you do not provide the information.Similarly, if we collect and use your Personal Information based on our legitimate interests (or those of any third party), we will take reasonable steps to provide clear notice and describe our legitimate interests.Chaarm Ai is the Data Controller of all Personal Information collected through the Platform in the EEA and the United Kingdom, except with respect to the Services (where Chaarm Ai is the Data Processor) or where a supplemental Privacy Policy says otherwise. The contact details for Chaarm Ai are set out in the "HOW TO CONTACT US” section.If you have questions about or need further information concerning the legal basis on which we collect and use your Personal Information for any specific processing activity, please contact us using the contact details provided under the “HOW TO CONTACT US” Section below.RETENTION OF YOUR PERSONAL INFORMATION: We will only retain your Personal Information for as long as reasonably necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements and for other purposes described in this Privacy Policy. We may retain your Personal Information for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you. To determine the appropriate retention period for Personal Information, we consider the amount, nature and sensitivity of the Personal Information, the potential risk of harm from unauthorized use or disclosure of your Personal Information, the purposes for which we process your Personal Information and whether we can achieve those purposes through other means, and the applicable legal, regulatory, tax, accounting or other requirements. In some circumstances you can ask us to delete your data: see “YOUR LEGAL RIGHTS” below for further information. And in some circumstances we will anonymize your Personal Information (so that it can no longer be associated with you) for research or statistical purposes, in which case we may use this information indefinitely without further notice to you.4. How Chaarm Ai Protects Your InformationThe Platform is designed to provide reasonable and appropriate administrative, technical and organizational security measures to protect your Personal Information against risks such as temporary or permanent loss, destruction, and unauthorized or unlawful access, alteration, use or disclosure. We require our suppliers and vendors to apply similar protections when they access or use Personal Information that we share with them. Users of the Platform must also do their part in protecting the data, systems, networks, and service they are utilizing. No technology, data transmission or system can be guaranteed to be 100% secure. If you have reason to believe that your interaction with us is no longer secure (for example, if you feel that your password to any Chaarm Ai account has been compromised), please immediately notify us by contacting us using the instructions in the “HOW TO CONTACT US” section below.5. When Chaarm Ai Shares Your InformationWe work through our affiliates to provide the Platform and other Chaarm Ai Services. We also work with authorized suppliers and business partners. When we share your Personal Information with these companies, we put in place appropriate measures to limit the use of your information only for legal and authorized purposes that are consistent with this Privacy Policy, as well as appropriate confidentiality and security measures.We also share information with third parties for advertising and marketing; when required by law or to respond to legal process; to protect our customers; to protect lives; to maintain the security of the Platform; and to protect our legal rights. We may disclose Personal Information that we collect or you provide as described in this Privacy Policy:

With Affiliates and Subsidiaries. For purposes limited to and consistent with this Privacy Policy.With Suppliers. Our authorized vendors and suppliers may require Personal Information to provide services we have contracted for, such as product delivery, website hosting, data analysis, IT services, auditing, or customer service. We use a wide variety of software and tools at Chaarm Ai, and we process Personal Information using these tools as a regular course of business. Our contracts with suppliers and vendors include provisions to protect your Personal Information and limit its use.With Partners. We occasionally have relationships with third parties that are not suppliers or vendors but are working with us to offer certain opportunities such as marketing and similar promotions, to enable joint products or research studies, or to facilitate services on the Platform. In these cases, additional terms or Privacy Policies may be provided. For third parties or uses not described in this Privacy Policy, we share your information only with a lawful basis to do so.

For Advertising and Marketing. We share your information with our third-party company partners to prepare and deliver advertising and marketing content, to provide content services and to enable them to provide you with more personalized ads and to study the effectiveness of our Campaigns. We use third-party companies to communicate regarding goods and services that may be of interest to you, in accordance with your preferences. You may receive this content by a variety of means such as email, phone or when you access and use the Platform or other Chaarm Ai Services, and other websites. Content may be based on information obtained, for example, through prior purchases or transactions, through your device’s physical location, through information about what advertisements and content you have viewed, or through cookies and similar technologies relating to your access to and use of the Platform and other websites. Please read our Cookies Policy for more information. You can choose whether to allow or deny uses and/or sharing of your device’s location by changing your device settings, but if you choose to deny such uses or sharing, our partners may not be able to provide you with the applicable Platform Services and content.

Sales, Mergers & Acquisitions. We may disclose Personal Information as part of a contemplated or actual corporate transaction such as a reorganization, merger, sale, joint venture, assignment, transfer or other disposition of all or any portion of our business, assets or stock (including in connection with any bankruptcy or similar proceedings).

With Your Consent. Chaarm Ai may disclose your Personal Information to any other person or entity where you consent to the disclosure. For information about how to decline our advertising and marketing, please see the section entitled "Your Choices & Rights" below.

We also share non-personally identifiable information, such as anonymized or aggregated information, with suppliers for purposes such as analysis, identifying trends in the areas of our products and to help research and develop new Chaarm Ai Services.Chaarm Ai does not sell any of your Personal Information for monetary compensation.6. Information From ChildrenWe do not knowingly collect, use, or disclose Information from children under 16. If we learn that we have collected the Personal Information of a child under 16—or the equivalent minimum age depending on the jurisdiction, such as 13 in the United States per the Children’s Online Privacy Protection Act—we will take steps to delete the information as soon as possible. If you are under 16, do not provide any Information about yourself to Chaarm Ai, including your name, address, telephone number or email address. If you become aware that Information of a child under 16 years of age has been provided, please use one of the methods provided under the “HOW TO CONTACT US” section below.7. Links to Other Websites and ServicesWe are not responsible for the practices employed by websites or services linked to or from the Platform, including the information or content contained therein. This Privacy Policy does not address, and we are not responsible for, the policies and practices of third parties or other organizations that are not operating on Chaarm Ai’s behalf, including policies and practices related to privacy and security, data collection, processing, use, storage, and disclosure. This includes: (a) any third party operating any site or service to which the Platform links – the inclusion of a link on the Platform does not imply endorsement of the linked site or service by us or by our affiliates; or (b) any app developer, app provider, social media platform provider, operating system provider, wireless service provider or device manufacturer (such as Facebook, Apple, Google, Microsoft, LinkedIn, etc.) - including any Personal Information you disclose to other organizations through or in connection with the Platform or other Chaarm Ai Services.8. Do Not TrackSome browsers incorporate a "Do Not Track" (“DNT”) feature that, when turned on, signals to websites and online services that you do not want to be tracked. At this time, the Platform does not respond to DNT signals.9. YOUR LEGAL RIGHTSChaarm Ai respects your rights in how your Personal Information is used and shared. Depending on where you live, you may have rights to request access or corrections to your personal data and make choices about the kinds of marketing materials you receive (or choose not to receive marketing from Chaarm Ai at all). See below for more information, depending on your location.10. European Privacy RightsIf you are in Europe, you may have additional rights under the GDPR, the UK GDPR, or nFADP. Additional choices and rights may be available to you depending on which Chaarm Ai Services you use.

Access, Correction to or Deletion of Your Information. If you would like to correct or update your Personal Information, or to request access to or deletion of your Personal Information, you may contact us by visiting the Platform or by using the contact details provided under the “HOW TO CONTACT US” section below. If you request a change to or deletion of your Personal Information, please note that we may still need to retain certain information for recordkeeping purposes, and/or to complete any transactions that you began prior to requesting such change or deletion (e.g., when you make a purchase or enter a promotion, you may not be able to change or delete the Personal Information provided until after the completion of such purchase or promotion). Some of your information may also remain within our systems and other records where necessary for compliance with applicable law at your request and where the law requires us to do so, we will confirm what Personal Information we hold about you. You may also have a legal right to obtain a copy of your Personal Information. You can make such a request by making a written request in one of the ways described in the “HOW TO CONTACT US” section below. We may charge a processing fee for this service where permitted by law and we will require evidence of your identity before fulfilling your request.

Data Privacy Rights Specific to Individuals in the European Economic Area, the United Kingdom, and Switzerland. You can object to processing of your Personal Information, ask us to restrict processing of your Personal Information, or request portability of your Personal Information. You can exercise these rights by making a written request in one of the ways described in the “HOW TO CONTACT US” section below.Similarly, if we have collected your Personal Information with your consent, you can withdraw your consent at any time. Withdrawing your consent will not affect (1) the lawfulness of any processing we conducted prior to your withdrawal, or (2) processing your Personal Information under other legal bases.If you believe we are using your Personal Information in a way that is inconsistent with this Privacy Policy or for more information about your rights, contact your local data protection authority. Additionally, under the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and/or the Swiss-U.S. DPF, you may contact JAMS Mediation, Arbitration, and ADR Services (https://www.jamsadr.com/eu-us-data-privacy-framework) to address complaints and provide appropriate recourse free of charge to you. Under certain conditions, you may invoke binding arbitration.

Advertising and Marketing Choices. We give you many choices regarding our use and disclosure of your Personal Information for advertising and marketing purposes. You may access or update your contact details and modify your communication preferences by using one of the methods provided under the “HOW TO CONTACT US” section below. Please also note that if you choose not to receive marketing communications from us, we may still send you communications related to your products or the Platform, such as information about a security update, service issue or product delivery. Some advertising content is delivered through the Platform’s use of cookies and similar technologies. Our Cookies Policy includes more information on Chaarm Ai’s use of such technologies for advertising and other purposes.

11. International ComplianceChaarm Ai is a global company with its headquarters in the United States. As such, we may transfer your Personal Information between the United States and our affiliates and business partners in other countries. We may also transfer your Personal Information to our third party service providers, who may be located in a different country to you.Chaarm Ai transfers information internationally in order to operate efficiently, to improve performance, and to create redundancies to protect information in the event of an outage or other problem. In so doing, we will process your Personal Information in a way that meets the commitments of this Privacy Policy and complies with the law wherever we transfer it.Whenever Chaarm Ai transfers Personal Information beyond the country of origin, we will do so in accordance with applicable laws. For Personal Information originating in the European Economic Area (EEA), the United Kingdom (UK), or Switzerland that is transferred to a Chaarm Ai entity outside the EEA, UK, or Switzerland, Chaarm Ai participates in the EU-U.S. Data Privacy Framework (EU-U.S. DPF) and, as applicable, the UK extension to the EU-U.S. DPF, and/or the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF). Chaarm Ai commits to the DPF Principles and, as needed, will take additional steps to provide appropriate safeguards for the Personal Information we transfer. The Federal Trade Commission has jurisdiction over Chaarm Ai’s compliance with the EU-U.S. DPF, the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. DPF). Chaarm Ai may be required to disclose Personal Information in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. Chaarm Ai is liable in cases of onward transfers to third parties.12. Data Privacy FrameworkChaarm Ai Inc. and LeadConnector LLC comply with the EU-U.S. Data Privacy Framework (EU-U.S. DPF), the UK Extension to the EU-U.S. DPF, and the Swiss-U.S. Data Privacy Framework (Swiss-U.S. DPF) as set forth by the U.S. Department of Commerce. Chaarm Ai has certified to the U.S. Department of Commerce that Chaarm Ai and LeadConnector adhere to the EU-U.S. Data Privacy Framework Principles (EU-U.S. DPF Principles) with regard to the processing of personal data received from the European Union in reliance on the EU-U.S. DPF and from the United Kingdom (and Gibraltar) in reliance on the UK Extension to the EU-U.S. DPF. Chaarm Ai has certified to the U.S. Department of Commerce that Chaarm Ai and Leadconnector adhere to the Swiss-U.S. Data Privacy Framework Principles (Swiss-U.S. DPF Principles) with regard to the processing of personal data received from Switzerland in reliance on the Swiss-U.S. DPF. If there is any conflict between the terms in this privacy policy and the EU-U.S. DPF Principles and/or the Swiss-U.S. DPF Principles, the Principles shall govern. To learn more about the Data Privacy Framework (DPF) program, and to view our certification, please visit https://www.dataprivacyframework.gov/.13. California Privacy RightsThis section is addressed to California residents only and provides more information about your rights under the California Consumer Privacy Act or “CCPA” (California Civil Code Section 1798.100 et seq.), as amended. Subject to certain exceptions, the CCPA grants to California residents the rights to: be notified about the collection, use, disclosure, sale or sharing of their Personal Information; request access to, deletion of, or correction of their Personal Information; request to opt out of the “sale” or “sharing” of Personal Information (where such information is sold or shared); limit the use or disclosure of Sensitive Personal Information (as defined under CCPA); and to not be discriminated against for exercising such rights.Chaarm Ai does not sell your Personal Information. If you wish to exercise your right to opt-out of Chaarm Ai using your Personal Information for cross-contextual targeted advertising purposes (called “sharing” under the CCPA), you may do so by using the details in the “HOW TO CONTACT US” section or the appropriate withdrawal mechanism provided to you on the Platform.You can request access to, correction of or deletion of your Personal Information by using the details in the “HOW TO CONTACT US” section. If you request a deletion of your Personal Information, please note that Chaarm Ai may still need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to requesting such deletion, to comply with applicable law, or for other purposes permitted by CCPA. If you submit a request to exercise rights under CCPA, Chaarm Ai will ask you to provide certain information to verify your identity. This information will depend on your prior interactions with Chaarm Ai and the sensitivity of Personal Information at issue. If Chaarm Ai denies your request, we will explain why.You can designate an authorized agent to make a request under the CCPA on your behalf in certain circumstances. If you use an authorized agent for this purpose, Chaarm Ai may ask you to verify your identity or that you provided the authorized agent signed permission to submit a request under the CCPA. If you provide an authorized agent with power of attorney pursuant to Probate Code sections 4000 to 4465, it may not be necessary to perform these steps and Chaarm Ai will respond to any request from such authorized agent in accordance with the CCPA.The Privacy Policy describes the categories of Personal Information that Chaarm Ai collects and how Chaarm Ai uses such Personal Information. If Chaarm Ai collects Sensitive Personal Information, we limit our use of the Sensitive Personal Information to uses: (1) you have authorized, (2) that are required to fulfill your requests for goods or services, or (3) that are otherwise allowed by the CCPA or required by other laws or regulations.The categories of Personal Information collected, disclosed, and sold from California residents over the preceding 12 months and Chaarm Ai’s applicable retention periods include:Personal Information CategoryRetention PeriodBusiness PurposeCollectedDisclosedSoldIdentifiers (such name, address, IP address, email, etc.)See Section 3 of Privacy Policy: “Retention of Your Personal Information”For functionality, customer support, business operations, communication, advertising and marketing, and statistical purposes.YesYesNoPersonal information defined in Civil Code Section 1798.80(e) (such as signature, SSN, financial information, and insurance information, etc.)

NoNoNoProtected personal information (such as gender, religion, sexual orientation, or disability)

NoNoNoCommercial information (such as products or services purchased, obtained, or considered, or other purchasing or consuming histories or tendencies, etc.)See Section 3 of Privacy Policy: “Retention of Your Personal Information”For development, customer support, business operations, communication, advertising and marketing, and statistical purposes.YesNoNoBiometric information

NoNoNoInternet or other similar network activity (such as information on a consumer’s interaction with a website, application, or advertisement, etc.)See Section 3 of Privacy Policy: “Retention of Your Personal Information”For functionality, business operations, and statistical purposes.YesYesNoGeolocation data

NoNoNoAudio, electronic, visual, thermal, or olfactory information

NoNoNoProfessional or employment-related information

NoNoNoEducation information

NoNoNoInferences (such as analytics and preferences

YesYesNo14. Colorado Privacy RightsThis section is addressed to Colorado residents only and provides more information about your rights under the Colorado Privacy Act or “CPA.” Subject to certain exceptions, the CPA grants to Colorado residents the rights to: be notified about the collection, use, disclosure, or sale of their Personal Information; request access to, deletion of, or correction of their Personal Information; and request to opt out of the use of Personal Information for targeted advertising, sale, or certain profiling.You can request access to, correction of or deletion of your Personal Information by using the details in the “HOW TO CONTACT US” section. If you request a deletion of your Personal Information, please note that Chaarm Ai may still need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to requesting such deletion, to comply with applicable law, or for other purposes permitted by CPA. If you submit a request to exercise rights under CPA, Chaarm Ai will ask you to provide certain information to verify your identity. This information will depend on your prior interactions with Chaarm Ai and the sensitivity of Personal Information at issue. If Chaarm Ai denies your request, we will explain why. If we have not responded to your request or asked for additional time to respond to your request within 45 days after you send us a request, you have the right to appeal our failure to take action. To appeal our failure to take action, contact us using the details in the “HOW TO CONTACT US” section.You can designate an authorized agent to make a request under the CPA on your behalf in certain circumstances. If you use an authorized agent for this purpose, Chaarm Ai may ask you to verify your identity or that you provided the authorized agent signed permission to submit a request under the CPA.15. Connecticut Privacy RightsThis section is addressed to Connecticut residents only and provides more information about your rights under the Connecticut Data Privacy Act or “CTDPA.” You can exercise your rights by using the details in the “HOW TO CONTACT US” section. If we inform you that we decline to take action regarding your request, you have the right to appeal our failure to take action by contacting us using the details in the “HOW TO CONTACT US” section.16. Utah Privacy RightsThis section is addressed to Utah residents only and provides more information about your rights under the Utah Consumer Privacy Act or “UCPA.” You can exercise your rights by using the details in the “HOW TO CONTACT US” section.17. Virginia Privacy RightsThis section is addressed to Virginia residents only and provides more information about your rights under Virginia’s Consumer Data Protection Act or “VCDPA.” Subject to certain exceptions, the VCDPA grants to Virginia residents the rights to: be notified about the collection, use, disclosure, or sale of their Personal Information; request access to, deletion of, or correction of their Personal Information; request to opt out of the use of Personal Information for targeted advertising, sale, or certain profiling; and to not be discriminated against for exercising such rights.You can request access to, correction of or deletion of your Personal Information by using the details in the “HOW TO CONTACT US” section. If you request a deletion of your Personal Information, please note that Chaarm Ai may still need to retain certain information for recordkeeping purposes, to complete any transactions that you began prior to requesting such deletion, to comply with applicable law, or for other purposes permitted by VCDPA. If you submit a request to exercise rights under VCDPA, Chaarm Ai will ask you to provide certain information to verify your identity. This information will depend on your prior interactions with Chaarm Ai and the sensitivity of Personal Information at issue. If Chaarm Ai denies your request, we will explain why. If we inform you that we decline to take action regarding your request, you have the right to appeal our failure to take action. To appeal our failure to take action, contact us using the details in the “HOW TO CONTACT US'' section.18. How To Contact Us About This Privacy PolicyTo ask questions about this Privacy Policy and our privacy practices, contact us at [email protected] or by mail at:Chaarm Ai Inc.ATTN: Legal Department12873 King St Broomfield Co 80020., Suite 920

CHAARM Ai Affiliate AgreementLast Updated AUGUST 2023This Affiliate Agreement and the CHAARM Ai Terms of Service incorporated herein by reference (collectively the “Agreement”) govern your activity, application to join, and any subsequent participation in, CHAARM Ai's Affiliate program (the “Program”). By accepting the Terms of Service, or by participating in the Program, you also agree to be bound by the terms herein. This Agreement is a binding legal agreement between the individual who accepted its terms or the business entity that the individual represents (“Affiliate,” “You” or “you”) and CHAARM Ai Inc (“CHAARM Ai,” “we” or “us”). If You represent a business entity, you represent and warrant that you have the authority to bind that entity to this Agreement. CHAARM Ai reserves the right to modify the Agreement at any time. Your continued participation in the Program shall be deemed acceptance of any new versions of the Agreement.SECTION 1. PROGRAM APPLICATIONYou agree to provide all information reasonably requested by CHAARM Ai in connection with Your Program application, and You represent and warrant that all information that You provide is truthful and accurate. You understand and agree that CHAARM Ai retains sole and exclusive discretion to determine whether You qualify for participation in the Program. CHAARM Ai reserves the right to change its criteria for the Program at any time, for any reason. You expressly consent to be contacted about your application and the Program via the email address and the phone number You provide in Your application. Such forms of contact may include but are not limited to automated dialing systems, texts and artificial or pre-recorded messages. You may revoke this consent at any time by submitting such revocation in writing to [email protected].SECTION 2. PROGRAM RULES (THE “RULES”)To participate in the Program, you must comply with the following Rules. If CHAARM Ai determines, in its sole discretion, that you are not in compliance with these Rules, you will be considered in material breach of this Agreement, and CHAARM Ai may terminate this Agreement and Your participation in the Program immediately (including forfeiture of Earned Commissions), without liability, in addition to seeking any other available remedies in law and equity.a. Compliance with the Laws. You are responsible for compliance with all applicable laws and regulations. In particular, Affiliate may only publish or otherwise distribute advertisements in strict compliance with all applicable laws and regulations, including without limitation, laws prohibiting deceptive and misleading advertising and marketing, email marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), laws governing testimonials (including the FTC’s Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)), and all guidelines issued by the FTC. CHAARM Ai retains the sole and exclusive discretion to determine whether Affiliate’s advertising and conduct is in compliance with all laws.b. Disclosure Requirement. On any website that Affiliate advertises any CHAARM Ai Service or product, Affiliate must plainly display (i.e., not in a link, or in small font) disclaimer language, such as: “Disclosure: I am an independent entity from CHAARM Ai. I am not an agent or employee of CHAARM Ai and have no authority to make binding contract or represent CHAARM Ai. I receive referral payments from CHAARM Ai. The opinions expressed here are my own and shall NOT be interpreted or considered as representations, guarantees, or statements made by CHAARM Ai Inc or any of its subsidiaries, agents, or assigns.c. Non-Disparagement. Affiliate agrees that Affiliate shall not at any time make, publish or communicate to any person or entity or in any public forum any defamatory or disparaging remarks, comments or statements concerning CHAARM Ai or any employees or officers now or in the future. Affiliate may not make any negative comment about a competitor for the purpose of promoting CHAARM Ai products or services.d. Social Media Requirements. If Affiliate advertises on any social media platform, Affiliate must comply with all rules imposed by each social media platform (for example, this includes but is not limited to the following: (i) Each Instagram post must use Instagram’s “Paid Partnership” tool, and (ii) Each YouTube post must contain the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right hand portion of the video). You are responsible for ensuring Your compliance with the applicable social media platform rules. In addition, each post must comply with all of the following:

Each post must contain #CHAARM AiEach post must contain #ad in a clear and conspicuous location before the text of the description and in all events before the “More” button

e. Marketing Claims. Affiliates are strictly prohibited from making claims concerning the products and services offered by CHAARM Ai that are inconsistent with, or beyond the scope of marketing materials produced and made available by CHAARM Ai on CHAARM Ai’s website, www.gCHAARMAi.com (“CHAARM Ai Website”). Affiliate is also expressly prohibited from making any express or implied claims that CHAARM Ai is or provides a business opportunity, franchise opportunity, a “business-in-a-box,” or an assisted marketing plan. Affiliates may not make, publish or communicate any claims or statements that expressly or impliedly guarantee that a potential new user (“Prospect”) will make money by using CHAARM Ai or by becoming an Affiliate. In addition, all marketing collateral made, published and communicated by Affiliate must be:

completely true and accurate and supported by evidence of Affiliate’s experience.accompanied by the following disclaimer in clear and conspicuous font and placement: “These were my results based on my experience. Your results may be different. There is no guarantee you will make money.”

f. General Advertising Rules. You represent and warrant that Your affiliate website(s) (“Website”), social media posts, and any other advertising materials will not:

Infringe CHAARM Ai’s or anyone else’s intellectual property, publicity, privacy or other rights.

Contain any content that is threatening, harassing, defamatory, obscene, harmful to minors, offensive, or contains nudity, pornography, or sexually explicit materials.Contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, surreptitiously intercept or expropriate any system, data, or personal information.Contain software or use technology that attempts to intercept, divert or redirect Internet traffic to or from any other website, or that potentially enables the diversion of affiliate payments from another website. This includes toolbars, browser plug-ins, extensions, and add-ons.

g. Pay-Per-Click (“PPC”) Guidelines: Affiliates may run paid advertising campaigns as long as they are otherwise in compliance with the terms of this Agreement, Google's terms and conditions related to PPC, and any applicable laws and regulations.h. Other Rules: You represent, warrant and agree to comply with the following:

Affiliate is responsible for ensuring its employees, agents, and representatives comply with this Agreement. Any breach of the Agreement by an employee, agent, or representative acting on Affiliate’s behalf shall be deemed a breach by the Affiliate.Affiliate is not permitted to engage in any unlawful or deceptive actions with respect to search engine optimization.Affiliate shall not offer monetary incentives, such as rewards points, cash, or prizes to Prospects in return for their response to an advertisement.Affiliate will only use the links we provide you for each banner, text link, or other affiliate link obtained from the affiliate interface without manipulation or modification of any kind.You may not “self-refer,” meaning that only transactions by other persons using your affiliate link will result in Earned Commissions.You may not engage in deceptive, manipulative or fraudulent behaviors (whether done independently, in coordination with a Prospect, or another affiliate) or otherwise engage in conduct that, in CHAARM Ai’s sole discretion, is abusive of or outside the spirit of the Program in order to acquire additional Commissions.You will not engage in any behaviors that are fraudulent, abusive, or harmful to the CHAARM Ai Website or the Program at our discretion.We reserve the right, at any time, to review your placement and approve the use of your links and require that you change the placement or use to comply with the guidelines provided to you.Your Website will not in any way copy, resemble, or mirror the look and feel of CHAARM Ai’s Website. You will also not use any means to create the impression that Your Website is CHAARM Ai’s Website or any part of CHAARM Ai’s Website, including by framing of CHAARM Ai’s Website in any manner.You may not engage in cookie stuffing or include pop-ups or false or misleading links on Your Website. In addition, you will not attempt to mask the referring URL information (i.e., the page from where the click is originating).The maintenance and the updating of Your Website(s) will be your responsibility. We may monitor Your Website(s) as we feel necessary to make sure that it is (or they are) up-to-date and to notify you of any comments as it relates to the Program.You will not send unsolicited bulk-emails, text spam, form spam, social media spam or any other form of communication to which Prospects or others have not consented. You will not create advertisements that appear on (a) sites and apps that contain or reference categories adult content, pornography, weapons, graphic violence (including any violent video game images), alcohol, drugs, tragedy, transportation accidents, sensitive social issues, gambling, or content that is offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory (whether based on race, ethnicity, creed, religion, gender, sexual orientation, physical disability, or otherwise), or solicitous of any unlawful or offensive behavior; or (b) ads that appear on fake news content.You will not use any images, text, or other content provided to you by CHAARM Ai except as authorized under this Agreement and may not modify the graphic image or text in any way. All of our rights in the images and text, any other images, our trade names and trademarks, and all other intellectual property rights are reserved. You will not offer discounts, coupons, free trials, promo codes, or any other promotional offer that is not expressly authorized by CHAARM Ai in writing. CHAARM Ai may, on a case-by-case basis, offer you access to discounts, coupons, free trials, promo codes, or other promotional offer, and you agree to comply with all terms and limitations that CHAARM Ai establishes in connection with such promotional offers.Unless otherwise agreed upon in writing by CHAARM Ai, you may not promote through a sub-affiliate network.

SECTION 3. COMPENSATIONYou will receive a unique Affiliate ID, This Affiliate ID will be incorporated in the URL that You use to advertise CHAARM Ai. You may earn Commissions (as further described below) for each sale (“Sale”) that is registered using Your Affiliate ID.In the event that a Prospect has multiple Affiliate cookies (“Cookies”), the most recently acquired Cookie will generally determine which Affiliate is credited with a Sale except in instances of (i) recently canceled Prospects who attempt to re-subscribe under a different affiliate within 90 days of cancellation, (ii) cases of self-referral, or (iii) other scenarios at CHAARM Ai’s sole discretion. If a Prospect signs up for CHAARM Ai without connection to any Affiliate, that Prospect is considered unaffiliated, and no Commissions will be earned by any Affiliates for that Prospect unless otherwise agreed to by CHAARM Ai in writing.A Commission is “earned” only if (i) Affiliate has registered and maintained a usable account with a third party payment provider to receive Commission payments and provided complete and accurate information to CHAARM Ai to facilitate payment and (ii) a Prospect’s account has remained in good status for at least forty-five (45) days after the Sale. No Commission is earned for a Sale if, at the time of attempted payout, Affiliate has not maintained a usable account with a third party payment provider or CHAARM Ai is unable to payout Commissions due to incomplete or inaccurate information provided by the Affiliate. Commission payout amounts will be determined by CHAARM Ai in its sole discretion. Commission rates may change from time to time at CHAARM Ai’s sole discretion. Except as otherwise provided herein, Commission payouts will be paid on the 15th of each month following CHAARM Ai's receipt of payment for a Sale, subject to the other terms of this Agreement. In the event the 15th of each month falls on a holiday or weekend, Commission payouts will typically occur on the following business day, although exceptions may apply. All Commission payouts are calculated based on the amount of fees received by CHAARM Ai, less sales taxes.The Commission Rates are as follows:a. Single Location Account: 40% (applicable to all CHAARM Ai Users)b. Agency Unlimited Account: 40% (applicable to all approved Affiliates)c. Agency Pro (SaaS) Account: 40% (applicable to all approved Affiliates)d. White Label Mobile App Upgrade: 40% (applicable to all approved Affiliates)e. Second Tier Single Location Account: 5% (applicable to all approved Affiliates)f. Second Tier Agency Unlimited Account: 5% (applicable to all approved Affiliates)g. Second Tier Agency Pro (SaaS) Account: 5% (applicable to all approved Affiliates)h. Second Tier White Label Mobile App Upgrade: 5% (applicable to all approved Affiliates)In instances where a Prospect is affiliated under different Affiliates for different services (such as cases where one Affiliate makes the Sale, but another affiliate makes an upgrade for the same Prospect), CHAARM Ai will allocate Commissions as deemed appropriate in CHAARM Ai’s sole and absolute discretion.All Commissions are paid in U.S. Dollars (USD) or otherwise in currencies offered by the payment provider. Some payment methods may incur processing fees that may be deducted from Your Commissions. Your combined Commission must be equal to or exceed Fifty and 00/100 Dollars ($50.00) (USD) before You receive a payment from CHAARM Ai. If Your combined Commissions in a 120-day period do not exceed $50.00 (USD), Your Commissions will not be paid and will be forfeited.Affiliates must register with a third party payment provider to receive Commissions payouts. CHAARM Ai or the third party payment provider may require You to submit a completed W-8 or W-9 tax form or any ancillary supporting documentation or tax other documents (the “Required Documents”) before processing Commissions payouts. If You fail to submit the Required Documents in a timely manner, CHAARM Ai or the third party payment provider may refuse to payout Commissions that were earned more than 120 days prior to receiving your Required Documents. If You are not a resident of the United States, CHAARM Ai may withhold tax (including, not limited to, VAT) where required by applicable law. You are solely responsible for complying with all tax laws in Your respective jurisdiction(s) including, but not limited to, the payment of all required taxes, and filing of all returns and other required documents with, the applicable governing body(ies).If CHAARM Ai determines, in its sole and exclusive discretion, that any Sale was procured fraudulently or as a result of any violation of this Agreement or applicable law, no Commission will be considered earned for such Sale. If a Commission has already been paid out for a Sale that is later deemed by CHAARM Ai to be fraudulent or in violation of this Agreement or the law, the Commission amount will automatically be withheld against any future Commissions or refunded back to CHAARM Ai at its option. CHAARM Ai may also terminate this Agreement and Your participation in the Program immediately without any further liability to you.If a refund or charge-back occurs for a Sale, and if a Commission was already paid to You for that Sale, such Commission is considered unearned, and the Commission will be deducted from Your future Commission payouts.CHAARM Ai will make reasonable efforts to payout all Earned Commissions. In the event that CHAARM Ai is unable to payout a Commission for any reason outside of CHAARM Ai’s control, those Commissions may be forfeited at CHAARM Ai’s sole discretion.SECTION 4. INTELLECTUAL PROPERTY RIGHTSCHAARM Ai may provide you with certain resources and materials (such as white labeled courses, powerpoints, pitch decks, website templates, images, social media posts, etc) to be used in connection with your participation in the Program (collectively, “CHAARM Ai Materials”). You acknowledge our ownership of our CHAARM Ai Materials, agree that you will not do anything inconsistent with our ownership, and agree that all of your use of the CHAARM Ai Materials (including all associated goodwill) will insure to the benefit of, and on behalf of the CHAARM Ai. If requested, you agree to assist us in recording this Agreement with appropriate government authorities. You agree that nothing in this Agreement gives you any right, title, or interest in the CHAARM Ai Materials other than the right to use the CHAARM Ai Materials in accordance with this Agreement. You also agree that you will not attack our rights in or title to the CHAARM Ai Materials or the validity of the CHAARM Ai Materials or this Agreement.All rights with respect to the Services and CHAARM Ai’s name and trademarks, whether now existing or which may hereafter come into existence, which are not expressly granted to Affiliate herein are reserved to CHAARM Ai. Any goodwill generated through Affiliate’s use of CHAARM Ai’s name and trademarks shall inure solely to the benefit of CHAARM Ai. Except as set forth in this Agreement, Affiliate may not use CHAARM Ai’s name or trademarks without CHAARM Ai’s prior written consent. Affiliate will promptly notify CHAARM Ai of any infringement or threatened infringement of any rights of CHAARM Ai of which Affiliate becomes aware and will provide reasonable assistance to CHAARM Ai, at CHAARM Ai’s expense, in connection therewith. Affiliate shall not promote or provide services to any other business or person that is infringing any of CHAARM Ai's intellectual property. Affiliate will use commercially reasonable means to protect the security of the Services on Affiliate’s system and network, including internal and public websites, from hacking or other unauthorized access, modification or redistribution. Upon becoming aware of any breach in security, Affiliate shall notify CHAARM Ai and take prompt action to remedy such breach.SECTION 5. TERM AND TERMINATIONThe term of this Agreement will begin the earlier of (i) your acceptance or signing of this Agreement; or (ii) CHAARM Ai’s approval of Your participation in the Program. Your participation in the Program will continue month-to-month until terminated. Either Party may terminate this Agreement at any time, with or without cause, by giving the other Party thirty (30) days’ written notice of termination. If, in our sole determination, You defaulted or made an attempt to default any term or provision of the Agreement, Privacy Policy, or the Terms of Service, or violated any law, whether in connection with Your use of CHAARM Ai or otherwise, we may terminate the Agreement or suspend Your access to the Website at any time without notice to You. In such an instance, and in our sole discretion, we may also for the aforementioned reasons, terminate our relationship and suspend any accounts owned/controlled by You. In the event this Agreement is terminated due to Your default, You immediately forfeit all Commissions, and any other payments owed to You or that may in the future be owed to You without any further liability by CHAARM Ai to You.If this Agreement is terminated or canceled, then all provisions that, by their nature, should survive, will survive, including, but not necessarily limited to, all limitations of liability, disclaimers of warranties, indemnity obligations, mandatory arbitration and class action waiver provisions, and exceptions to arbitration. All representations and warranties undertaken by You shall also survive termination or cancellation of this Agreement and/or Your CHAARM Ai account.SECTION 6. ADDITIONAL REPRESENTATIONS AND WARRANTIESIn addition to Your other representations and warranties herein, You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against You by the Federal Trade Commission (“FTC”), any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against You which relate to alleged intentional torts or alleged violation of any consumer protection or advertising laws. If You become the subject of such an investigation, inquiry, prosecution, or lawsuit any time after this Agreement is executed, You are required to notify CHAARM Ai of the same within 24 hours. CHAARM Ai, in its sole and exclusive discretion, may immediately terminate Your participation in the Program, as well as immediately terminate this Agreement, based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph.SECTION 7. ENTIRE AGREEMENTThis Agreement represents the entire agreement between the Parties with regards to the Program and supersedes any other written or oral agreement between the parties. In event that you have executed a separate written agreement related to the Program, that separate agreement shall prevail in the event of a conflict between it and this Agreement.SECTION 8. INDEPENDENT CONTRACTORAffiliates are independent contractors of CHAARM Ai. It is the express understanding and intention of the Parties that no relationship of employee/employer nor principal and agent shall exist between CHAARM Ai and You by virtue of this Agreement. You have no right to act on behalf of or bind CHAARM Ai in any way, nor share in the profits or losses of CHAARM Ai. The only compensation available to You is set forth in this Agreement. You are solely and exclusively responsible and liable for all of Your acts or omissions.SECTION 9. DISCLAIMERCHAARM Ai does not promise, guarantee, or warrant Your business success, income, or sales. You understand, acknowledge, and agree that CHAARM Ai will not at any time provide sales leads or referrals to You. You understand and agree further that this is not a business opportunity, a franchise opportunity, a “business-in-a-box,” or an assisted marketing plan.SECTION 10. LIMITATION OF LIABILITYExcept where otherwise inapplicable or prohibited by law, in no event shall CHAARM Ai or any of its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs or claims arising from or related to this Agreement, Terms of Service, the Privacy Policy, the Platform or Services, your or a third party’s use or attempted use of the website or any software, service, or product, regardless of whether CHAARM Ai has had notice of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. this applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise. In no event shall CHAARM Ai's liability to you or your business exceed the amount of three (3) times the payments paid by you to CHAARM Ai for the month preceding the date in which the facts giving rise to a claim against CHAARM Ai occurred or one-thousand five-hundred dollars ($1500), whichever is less, subject to applicable law, the remedies set forth above are your sole and exclusive remedies for CHAARM Ai’s entire obligation and liability, for any breach of our limited warranty. Subject to applicable law, under no circumstances will CHAARM Ai’s obligation or liability hereunder exceed the limited liability amount stated in this section. However, this shall not prevent CHAARM Ai from seeking any and all remedies available to it in law or equity.SECTION 11. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION, CLASS ACTION WAIVER, & GOVERNING LAWAny dispute arising hereunder shall be settled by arbitration administered by the American Arbitration Association pursuant to its then-current rules. The arbitration shall be conducted before a panel of one arbitrator in Dallas County, Texas. The arbitration shall be conducted in the English language. The arbitrators will be bound to apply the laws of the State of Texas. The decision of the arbitrator(s) will be made in writing and shall be final and binding on the parties. Each party shall be responsible for its own costs with respect to the proceedings irrespective of the outcome. This Section provides the sole recourse for the settlement of dispute rising hereunder, except that either party may seek a preliminary injunction or other form of injunctive relief in any court of competent jurisdiction if, in its reasonable, good faith judgment, such action is necessary to prevent or curtail irreparable harm.Furthermore, the parties agree not to bring any disputes between each other on a collective or class basis; rather, the parties agree to bring such disputes in arbitration on an individual basis only. An arbitrator may not resolve any disputes concerning the enforceability or validity of this class and collective action waiver; only a court with proper jurisdiction may resolve such a dispute. If this class action waiver is held to be illegal for any reason, the parties agree that a court, and not an arbitrator, will hear any class or collective action.SECTION 12. INDEMNITYYou agree to protect, defend, indemnify and hold harmless CHAARM Ai, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys’ fees and the costs of any investigation) directly or indirectly arising from or in any way connected with (1) use of or reliance on information or data supplied or to be supplied by You (2) any breach of this Agreement by You (3) the use or possession of any CHAARM Ai property by You, except to the extent caused by the CHAARM Ai’s gross negligence or willful misconduct (4) any negligence, gross negligence or willful misconduct by or on behalf of You or Your employees or agents.SECTION 13. SEVERABILITYIn the event any provision of this Agreement is inconsistent with or contrary to any applicable law, rule, or regulation, the provision shall be deemed to be modified to the extent required to comply with the law, rule, or regulation, and this Agreement and the Terms of Service, as so modified, shall continue in full force and effect.SECTION 14. JUDICIAL ACTION FOR PROVISIONAL RELIEFHigh Level shall have the right to seek and obtain from any court of competent jurisdiction any equitable or provisional relief or remedy enforcing any right or interest it may have in connection with this Agreement, including without limitation a temporary restraining order, preliminary injunction, writ of attachment, order compelling an audit, or enforcement of any liens or security interests held by either party in the property of the other. No judicial actions permitted by this paragraph shall waive or limit the claiming party's rights to adjudicate the merits of the dispute by arbitration.The parties hereby agree and acknowledge that any breach or threatened breach of this Agreement will result in irreparable harm to CHAARM Ai for which there will be no adequate remedy at law. In addition to other remedies provided by law or at equity, in such event the non-breaching party shall be entitled to seek injunctive relief, without the necessity of posting a bond and without having to establish actual damages resulting from a breach, to prevent any further breach of this Agreement by the other Party.SECTION 15. COMPLAINT NOTIFICATIONAffiliate must notify CHAARM Ai of any complaint received by Affiliate regarding any advertisements within twenty-four (24) hours of receiving such complaint. Notice should be sent to the CHAARM Ai Support Team. SECTION 16. FORCE MAJEURENo party will be liable for nonperformance of any of its obligations under the agreement if its nonperformance was due to a Force Majeure Event as defined in of this Section if reasonable notice and good faith efforts to find a reasonable solution are provided. “Force Majeure Event” shall mean any act of God; war; riot; civil strife; act of terrorism, domestic or foreign; embargo; governmental rule, regulation or decree; flood, fire, hurricane, tornado, or other casualty; earthquake; strike, lockout, or other labor disturbance; the unavailability of labor or materials to the extent beyond the control of the party affected; pandemics, epidemics, local disease outbreaks, public health emergencies, and quarantines; or any other events or circumstances not within the reasonable control of the party affected, whether similar or dissimilar to any of the foregoing. Upon occurrence of a Force Majeure Event, the non-performing party shall, in a timely manner, notify the other party that a Force Majeure Event has occurred, its anticipated effect on performance.