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4BIZapp Business Terms of Service Effective Date: January 1, 2024 1. Introduction You and the company or business that you are authorized to represent (“you,” “your,” or “Company”) agree to these 4BIZapp Business Terms of Service and all other applicable terms, policies, and documentation (collectively, “Business Terms”) by signing up for the Services, downloading, or otherwise accessing the 4BIZapp developed for businesses (“Business Services”). 4BIZapp LLC is the contracting entity providing you our Business Services. We provide our Business Services solely for your business or commercial use. NO ACCESS TO EMERGENCY SERVICES. Please note important differences between our Business Services and mobile phone, fixed-line telephone, or SMS services. Our Business Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. Company should ensure that it can contact its relevant emergency services providers through a mobile phone, fixed-line telephone, or other service. 2. Overview The details and features of the 4BIZapp product and service are explained at https://4BIZapp.com. The instruction manual for the product is at https://4BIZapp.com/app/4BIZ_user_guide.pdf. Consent to Recording; Voice calls, phone calls, video calls and video meeting recording. By signing up for the Services, downloading, or otherwise accessing the 4BIZapp, you expressly consent to the recording of all phone and voice calls generated as a service of the 4BIZapp. If any call is with another 4BIZapp user, the call recording will be available for each such user from their respective 4BIZapp account. You may have the ability to invite others to participate in a trial of the 4BIZapp in which case any such trial participant will have access to call recordings if they have agreed to the 4BIZapp terms and conditions. Any call participants that are not 4BIZapp users will not have access to call recordings. The 4BIZapp will automatically record calls made by you if you and the other call participant(s) are in a one-party consent state. Call participants that are not 4BIZapp users may have the right to receive a copy of call recordings between you and them, based on applicable law or the recording preferences you set in your 4BIZapp account. Based on the foregoing, such call participants might receive an automated email containing mp3 audio file of the call recording. The above provisions and any consent for recording a call extends to granting consent to record for video calls and video meetings as a direct service or from a third party supported service integrated into the 4BIZapp. Contact Notifications: When adding new contacts into your account, the 4BIZapp may issue notifications to them such as setup and/or usage instructions. Eligible contacts may receive new communication alerts to their email address, when you send new instant messages or email through your 4BIZapp account so they can then retrieve these new communications from their 4BIZapp account. Other eligible contacts may receive a 4BIZ App trial invitation and/or other incentive offers to participate. All notifications are subject to your contact’s opt in/out preferences that can be edited anytime. Subscription Fees. We charge a subscription fee for providing the 4BIZapp service. The Subscription Fees are described on pages that cover subscriptions, or related and cover pricing. All Subscription Fees are subject to change upon notice from 4BIZapp to your registered email address. Your continued use of Service shall indicate your consent to pay any such revised Subscription Fees for any Subscription Month during which you receive Services, subject to the cancellation provisions set forth below. In the event you exceed your subscription plan limits in a given billing cycle, you expressly consent to the 4BIZapp automatically upgrading your Service plan to the next higher level that would then be prorated in accordance with the remaining days in that billing cycle. This new subscription fee would then be invoiced and charged to your credit card on file when payment is due for the next billing cycle. At the beginning of each new billing cycle, your subscription plan will automatically be reset and start at the lowest subscription plan available. You will be notified by email of billing changes. Subscription Payment. You are responsible for keeping your billing up to date within your account during the term of Service. If 4BIZapp is unable to charge your chosen billing payment method during any Subscription Month, we may: (i) immediately suspend or terminate your 4BIZapp account and/or (ii) seek collection of the outstanding Subscription Fees owed (iii) and/or delete communications and/or your 4BIZapp account if you fail to pay within the allotted deadlines provided to your registered email account. Subscription Cancellation. You may cancel your 4BIZapp paid subscription at any time directly from your account. Phone Numbers: Any phone numbers provided to you or your business by the 4BIZapp are for temporary usage while subscribing to the 4BIZapp service, and act as a general gateway to the services they are associated with. None are intended to be a permanent number or replacement for any phone number used, leased or owned by your business. These numbers are subject to change. 3. 4BIZapp Business Account Business Use and Eligibility. You represent and warrant that you: (a) will use our Business Services solely for business, commercial, and authorized purposes, and not for personal use; (b) will only provide registration information associated with your Company; (c) are authorized to enter into these Business Terms and are at least 18 years old (or the age of majority in your country of residence); and (d) have not been previously suspended or removed from our Business Services, or engaged in any activity that could result in suspension or removal. Registration and Account. Business service provider must create a 4BIZapp business account by providing accurate, current, and complete information, including its valid legal business phone number, Company name, and other information we require. Company will keep its business account information updated. Company’s name must not: (a) be false, misleading, deceptive, or defamatory; (b) parody a third party or include character symbols, excessive punctuation, or trademark designations; or (c) infringe any trademark, violate any right of publicity, or otherwise violate anyone’s rights. We reserve the right to reclaim account names on behalf of any business or individual that holds legal claim in those names. Communication Preferences. As part of your relationship with us, you permit 4BIZapp and third party providers to use your contact information to send you electronic communications (such as messages, emails, and phone calls via 4BIZapp or otherwise) from us or our third-party providers, including: (a) notices about your account, password changes, payment authorizations, and other transactional information; (b) notices about updates to our Business Terms; and (c) information about products, services, surveys, events, news, and promotions offered by 4BIZapp where permitted by applicable law. If you do not wish for 4BIZapp to communicate with you regarding (c) above, you may opt-out of future communications by following the “unsubscribe” link or instructions in any such communication. Some communications can also be disabled directly from an authorized account user’s preference control panel. Devices. You must provide certain devices and data connections, which we do not otherwise supply, to use our Business Services. Fees and Taxes. You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Business Services. Third-Party Services. Our Business Services may allow Company to access, use, or interact with websites, apps, content, and other products and services that are not provided by 4BIZapp. For example, Company may choose to use third-party data backup services (such as iCloud, or Google Drive) that may be used with some of our Business Services. Please note that when Company uses these other services, their own terms and privacy policies will govern Company’s use of those services. 4BIZapp will not be responsible or liable for your use of those services, the third-party’s terms, or any actions you take under the third-party’s terms. 4. Company’s Legal, Privacy, and Security Responsibilities Compliance with Laws and Regulations. You may only use our Business Services if you have ensured that your use of our Business Services complies with all legal and regulatory requirements applicable to Company; it is your sole responsibility to determine your legal obligations. Our Business Services are not intended for intra-company usage. We make no representations or warranties that our Business Services meet the needs of entities regulated by laws and regulations with heightened confidentiality requirements for personal data, such as healthcare, financial, or legal services entities. 4BIZapp is not liable for any acts or omissions by 4BIZapp users that breach any applicable laws. 4BIZapp reserves the right to take appropriate action, which could result in 4BIZapp suspending or terminating the use of our Business Services for product or service abuse. Security Responsibilities. Company may only allow authorized individuals acting on behalf of Company or authorized user to access and use its 4BIZapp business account for purposes authorized under these Business Terms. Company is responsible for all activities occurring under its account. Company must: (a) maintain the security of its account credentials; (b) keep its devices and 4BIZapp account safe and secure; (c) prevent unauthorized use of or access to our Business Services; and (d) immediately notify us if Company discovers or suspects any security breaches related to our Business Services or if Company discovers or suspects any such unauthorized access or use. Company will implement and follow generally recognized industry standards and best practices for data and information security to protect Company’s data, network, and systems from unauthorized access, use, or copying. Company must promptly delete any other authorized user(s) or contact(s) information it obtained if we determine, in our reasonable discretion, that Company breached its obligation to protect and prevent unauthorized use or access to its devices, account, or systems, or otherwise breached these Business Terms. 5. Licenses and Intellectual Property Company’s Rights. You retain all ownership and other rights in and to your Company Content. 4BIZapp’s Rights. Unless otherwise indicated, we own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Business Services. Restrictions. Except as otherwise permitted by 4BIZapp in writing, Company must not directly, indirectly, or through automated or other means: (a) distribute, sell, resell, or rent our Business Services to third parties; (b) distribute or make our Business Services available over a network to be used by multiple devices at the same time, except as authorized through tools and configurations that we have expressly provided for your use via our Business Services; and (c) copy, reproduce, distribute, publicly perform or display, modify, or make derivative works based upon all or portions of our Business Services. Company must not directly, indirectly, or through automated or other means: (d) remove any proprietary rights notices or markings; (e) reverse engineer any aspect of our Business Services or do anything that may discover source code; (f) scrape or extract data from our Business Services; (g) develop or use any applications that interact with our Business Services without our prior written consent; and (h) create software or APIs that function substantially the same as our Business Services and offer them for use by third parties in an unauthorized manner on or utilizing the 4BIZapp platform or our Business Services. Reporting Third-Party Copyright, Trademark, and Other Intellectual Property Infringement. To report claims of third-party copyright, trademark, or other intellectual property infringement, please visit our 4BIZapp Intellectual Property Policy. If you infringe the intellectual property rights of others, we may take action with respect to your account, including disabling or suspending your account. Feedback. We always appreciate your feedback or other suggestions about 4BIZapp. You agree that any questions, comments, suggestions, ideas, original or creative materials, or other information about 4BIZapp or our products or services that you post, submit, or otherwise communicate to us (collectively, “Feedback”) is non-confidential and that we will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you. 6. Acceptable Use of our Business Services Acceptable Use. Company will not (nor assist others to) violate any applicable law, contract, intellectual property, or other third-party right, and Company is solely responsible for its conduct while using our Business Services. Company must not directly, indirectly, or through automated or other means: (a) use our Business Services for personal, family, or household purposes; (b) instigate, engage in, or encourage any harassing, threatening, intimidating, predatory, or stalking conduct, or any other conduct that would be illegal or otherwise inappropriate, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm; (c) use or attempt to use another user’s account without prior authorization from that user and 4BIZapp; (d) impersonate or register on behalf of any person or entity or otherwise misrepresent your affiliation with a person or entity, perpetrate fraud, or publish falsehoods or misleading statements; (e) collect information of or about other users or contacts in any impermissible or unauthorized manner; (f) use our Business Services other than for their intended purpose or interfere with, disrupt, negatively affect, or inhibit other users; (g) damage, disable, overburden, or impair our Business Services; (h) send, distribute, or post spam, unsolicited electronic communications, chain letters, pyramid schemes, or illegal or impermissible communications; (i) post, upload, or share any content which is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, hateful, ethnically or racially offensive, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent, or is in our sole judgment objectionable; (j) encourage or provide instructions for a criminal offense; (k) distribute any viruses, corrupted data, or other harmful, disruptive, or destructive files or content; (l) bypass, ignore, or circumvent instructions in our robots.txt file or any measures we employ to prevent or limit access to any part of our Business Services, including content-filtering techniques; or (m) expose 4BIZapp or others to any type of harm or liability. Enforcement. Although we have no obligation to screen or monitor Company Content (such as content you post to your business profile or distribute to other users or contact), we may, subject to applicable law, review, remove, or delete Company Content you share when it violates these Business Terms or our policies and we become aware of it. We also need and do use information reported to us by other 4BIZapp users (such as when they block you or disclose your messages to us as part of a complaint) to determine whether you have breached these Business Terms or are not complying with our policies. If we determine that you have breached these Business Terms or are not complying with our policies, we have the right to limit, throttle, suspend, or terminate Company’s account, depending on the type and circumstances of the breach and within our reasonable discretion. In the event that we terminate Company’s account, Company will not create another 4BIZapp business account without our express written permission. Complaints. You can submit a complaint to us at support@4BIZapp.com regarding the following: technical or technological issues, customer service issues, suspension and termination of your account or Services. We will acknowledge all complaints and follow-up with you to address your complaint within a reasonable timeframe. We will communicate the outcome of our complaint investigation to you if you have provided us with your valid email address. 7. Our Data Practices Your Customer Contacts. Company provides customer contact information such as phone numbers (“Customer Data”) to 4BIZapp, and Company determines which of its customers it may communicate with using the 4BIZapp service. To the extent any data protection or privacy law applicable to your use of 4BIZapp’s Business Services recognizes the concepts of Controller and Processor and requires the conclusion of a data processing agreement between. You acknowledge that you are the Controller and instruct the 4BIZapp entity you are contracting with, for the duration of these Business Terms, to Process any Personal Information in Customer Data on your behalf as your Processor to enable you to contact your customers on 4BIZapp pursuant to these Business Terms and the 4BIZapp Business Data Processing Terms. “Personal Information”, “Controller,” “Processor” and “Processing” in this section have the meanings set out in the 4BIZapp Business Data Processing Terms which are incorporated by reference into these Business Terms. Access to data, and to aggregated data. You, and your service providers, (like team, assistants or authorized users) who manage your 4BIZapp Business communications for you, if any, may have access via our Business Services to personal data, such as Customer Data, and Company Content that you provide to us. As part of our Business Services, 4BIZapp provides you with aggregated metrics relating to contacts communication behavior, sentiment and communications. If you use a service provider to manage or participate on your 4BIZapp account containing Business communications for you, then by connecting your 4BIZapp Business account and providing your service provider with account permissions, you instruct us to provide your service provider with access to these aggregated metrics other archived data. Any options or preferences that exist to limit access, like privileges or administrative access levels to the data a service provider may access, is your responsibility to manage. The discovery of such controls or options if and when available are your responsibility to use and access. Other Information. You understand and agree that 4BIZapp collects, stores, and uses: (a) information from your business account and registration; (b) usage, log, and functional information generated from your use of our Business Services; (c) performance, diagnostics, and analytics information; (d) information related to your technical or other support requests; and (e) information about you from other sources such as other 4BIZapp users. Subject to these Business Terms and applicable law, we may share this information with third-party companies or subsidiaries to develop, operate, provide, improve, understand, customize, support, and market our Business Services. Our Global Operations. Company agrees to the transfer and processing of information that we collect, store, and use under these Business Terms, to the United States and other countries globally where we have or use facilities, service providers, or partners, regardless of where you use our Business Services. You acknowledge that the laws, regulations, and standards of the country in which your information is stored or processed may be different from those of your own country. Legal Disclosures and Third-Party Requests. You agree that 4BIZapp may share your information, including Company Content, if we have good-faith belief that it is reasonably necessary to: (a) respond pursuant to applicable law or regulations, to legal process, or government requests; (b) enforce these Business Terms and any other applicable terms and policies, including for investigations of potential violations; (c) detect, investigate, prevent, and address fraud and other illegal activity, or security or technical issues; or (d) protect the rights, property, and safety of our users, 4BIZapp, or other subsidiaries. 8. Availability Our Business Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We reserve the right to discontinue some or all of our Business Services, in our sole discretion, including certain features and the support for certain devices and platforms. Events beyond our control may affect our Business Services, such as events in nature and other force majeure events. 9. Disclaimer COMPANY USES OUR BUSINESS SERVICES AT ITS OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. UNLESS PROHIBITED BY APPLICABLE LAW, WE ARE PROVIDING OUR BUSINESS SERVICES ON AN “AS IS” BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL; THAT OUR BUSINESS SERVICES OR ANY OTHER SERVICES WILL BE OPERATIONAL, ERROR FREE, SECURE, OR SAFE; OR THAT OUR BUSINESS SERVICES OR ANY OTHER SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR CONTROLLING, HOW OR WHEN OUR USERS USE OUR BUSINESS SERVICES OR OTHER SERVICES, OR THE FEATURES, FUNCTIONALITIES, AND INTERFACES OUR BUSINESS SERVICES OR OTHER SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. THIS SECTION IS WITHOUT PREJUDICE TO OUR OBLIGATIONS AS A DATA PROCESSOR. 10. Limitation of Liability WE WILL NOT BE LIABLE TO COMPANY FOR ANY LOST PROFITS OR CONSEQUENTIAL, SPECIAL, PUNITIVE, INDIRECT, OR INCIDENTAL DAMAGES RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE BUSINESS TERMS, OUR ACTIONS OR INACTIONS, OR OUR BUSINESS SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH THESE BUSINESS TERMS, OUR ACTIONS OR INACTIONS, OR OUR BUSINESS SERVICES WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT COMPANY HAS PAID US IN THE PAST TWELVE MONTHS TO USE OUR BUSINESS SERVICES. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO COMPANY. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE BUSINESS TERMS, IN SUCH CASES, THE LIABILITY OF 4BIZapp AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AND AGENTS (“4BIZapp PARTIES”) WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE A CALIFORNIA RESIDENT, YOU AGREE TO WAIVE CALIFORNIA CIVIL CODE § 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR. 11. Indemnification Company agrees to defend, indemnify, and hold harmless the 4BIZapp Parties from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following (“Claim”): (a) Company’s access to or use of our Business Services, including information provided in connection therewith; (b) Company’s breach or alleged breach of these Business Terms or applicable law; and (c) any misrepresentation made by Company. We have the right to solely control, and Company will fully cooperate in the defense or settlement of any Claim. 12. Modifying and Terminating our Business Services We may modify, suspend, or terminate Company’s access to or use of our Business Services and these Business Terms at any time and for any reason, permissible by applicable law, including if we determine, in our sole discretion, that Company violates these Business Terms, receives excessive negative feedback, or creates harm, risk, or possible legal exposure for us, our users, or others. We will give you 30 days' prior notice (unless a legal or regulatory obligation requires us to terminate the services in a shorter timeframe, or you have repeatedly breached your obligations under these Terms) and the relevant reasons for termination (except if we are legally restricted from giving reasons or if you have repeatedly breached these Business Terms). Company may contact 4BIZapp using our complaints system at support@4BIZapp.com to clarify the reasons for our termination or suspension of your account. If we are able to resolve the issue in your favor, resulting in reactivating your account, then we will reinstate our Business Services to you within a reasonable time. Upon termination, we will remove your account profile from 4BIZapp, and retain data associated with your account for up to 90 days, including data you have provided to us or which we have collected from your use of the Business Services as described in this agreement’s section on Our Data Practices. Copies of your information may also remain after the 90 days for a limited time in the backup storage that we use to recover lost data in the event of a disaster, software error, or other data loss event. Company may terminate these Business Terms at any time for any reason by providing us written notice. Upon termination of these Business Terms for any reason, Company must promptly discontinue all use of our Business Services, and delete any user information Company obtained in breach of these Business Terms. The following provisions will survive the termination of these Business Terms: Third-Party Services, Company's Rights, 4BIZapp’s Rights, Feedback, Availability, Disclaimer, Limitation of Liability, Indemnification, Modifying and Terminating our Business Services, 4BIZapp Confidential Information, Publicity, Legal Compliance, Governing Law and Venue, Amendment, Assignment, Severability, Miscellaneous, and Notices. 13. 4BIZapp Confidential Information Our communications with Company may contain 4BIZapp confidential information. 4BIZapp confidential information includes any of our materials, communications, and information that we provide to you or Company that are marked confidential or that would normally be considered confidential by a reasonable person under the circumstances. If you receive any such confidential information, you will not disclose it to any third party without our prior written consent. 4BIZapp confidential information does not include information that you independently developed, was rightfully given to you by a third-party without a confidentiality obligation, or becomes public through no fault of your own. You may disclose 4BIZapp confidential information when compelled to do so by law if you provide us reasonable prior notice, unless a court orders that we not receive notice. 14. Publicity Except as permitted by 4BIZapp, Company will not make any public statements regarding these Business Terms and Company’s relationship to 4BIZapp. Company agrees to cooperate with 4BIZapp in responding to any user, press, or governmental inquiries that either party may receive, in the manner directed by 4BIZapp. 15. Legal Compliance Our Business Services are not intended for distribution to or use in any country where such distribution or use would violate local law. We reserve the right to limit our Business Services in any country at any time, to the extent permissible by applicable law. Company will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). Company will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Business Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to any individual or entity, or anyone owned or controlled by any individual or entity, on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications, without the required government authorizations. Company will not use or download our Business Services: (i) if it is located, or owned or controlled by anyone located, in a restricted country; (ii) if it is currently listed, or owned or controlled by anyone listed, on any U.S. or non-U.S. restricted parties list; (iii) for the benefit or on behalf of a restricted country or anyone listed on any U.S. or non-U.S. restricted parties list; or (iv) for any purpose prohibited by Export Laws. Company will not disguise its location through IP proxying or other methods. 16. Governing Law and Venue The laws of the State of California govern these Business Terms and any Disputes (defined below) that may arise between 4BIZapp and Company, without regard to conflict of law provisions. Company will resolve any claim, cause of action, or Dispute(s) relating to, arising out of, or in any way in connection with these Business Terms, us, our Business Services, or other products and services we may make available (“Dispute(s)”) exclusively in the United States, location of court at our discretion, and Company agrees to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes. Without prejudice to the foregoing, you agree that, in our sole discretion, we may elect to resolve any Dispute we have with you in any competent court in the country in which you reside that has jurisdiction over the Dispute. 17. Amendment We may amend or update these Business Terms, including all incorporated policies and documents. Changes to these Business Terms become effective upon the date that we publish such changes. To the extent that we are required by applicable law to notify you in advance of implementing these changes (e.g., as set forth in the Platform Regulation), we will provide sufficient advance notice. Company’s continued use of our Business Services confirms its acceptance of these Business Terms as amended. If Company does not agree to these Business Terms as amended, Company must stop using our Business Services by deleting its account. Please review these Business Terms from time to time. 18. Assignment All of our rights and obligations under these Business Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer Company’s information to any of our affiliates, successor entities, or new owner in connection with such a merger, acquisition, restructuring, or sale of assets. Company will not transfer or assign any of its rights or obligations under these Business Terms to anyone else without our prior written consent, and any attempt to do so is void. 19. Severability If any provision of these Business Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Business Terms and shall not affect the validity and enforceability of the remaining provisions. 20. Miscellaneous The section titles in these Business Terms are for convenience only and have no legal or contractual effect. Our Business Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls. Terms such as “including” are to be construed without limitation. Nothing in these Business Terms will prevent us from complying with the law. These Business Terms do not establish any agency, partnership, or joint venture between Company and 4BIZapp. These Business Terms do not give any third-party beneficiary rights. If we fail to enforce any of these Business Terms, it will not be considered a waiver. Unless a mutually executed agreement between Company and us states otherwise, these Business Terms make up the entire agreement between Company and us regarding our Business Services and supersede any prior written or oral agreements. 21. Notices Written notices to 4BIZapp may be addressed as follows: 4BIZapp LLC ATTN: 4BIZapp Legal Department (Check website for address) United States of America 4BIZapp Business Data Processing Terms ("Data Processing Terms") Effective Date: January 1, 2024 1. Definitions. For the purposes of these Data Processing Terms, the following terms have the meanings set out below: “Controller” means the natural or legal person, public authority, agency or other body which determines the purposes and means of the processing of Personal Information. “Personal Information” means any information relating to an identified or identifiable natural person (“Data Subject”) who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, an online identifier or to one or more factors specific to that natural person. The term “Personal Information” also covers information relating to deceased natural persons and/or juristic persons where this is required under applicable Data Privacy Law. “Personal Information Breach” means a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to, Personal Information transmitted, stored or otherwise Processed under these Data Processing Terms. “Processing” means any operation or set of operations which is performed on Personal Information or on sets of Personal Information, whether or not by automated means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. “Processed” and “Process” shall be construed in accordance with the definition of “Processing”. “Processor” means a natural or legal person, public authority, agency or other body which processes Personal Information on behalf of the Controller. Other capitalized terms used but not defined herein have the meanings set forth in the Business Terms or are otherwise defined contextually within these Data Processing Terms. 2. Applicability. These Data Processing Terms apply to the extent that the Business Terms state that 4BIZapp Processes Personal Information in your Customer Data as your Processor. In the case of an express conflict between these Data Processing Terms and the Business Terms, these Data Processing Terms will govern solely to the extent of the conflict. 3. Our Obligations as Processor. To the extent required by applicable Data Privacy Law, 4BIZapp and you agree to the following: a. 4BIZapp shall only Process Personal Information in accordance with your instructions as set out in the Business Terms and these Data Processing Terms. b. 4BIZapp confirms that: i. the duration, subject matter, nature and purpose of the Processing shall be as specified in the Business Terms; ii. the types of Personal Information Processed comprise customer contact information as described in the Business Terms; iii. the categories of Data Subjects comprise customers with whom you communicate using the 4BIZapp service; and iv. your obligations and rights as Controller in relation to this Personal Information are as set out in these Data Processing Terms. c. 4BIZapp shall ensure that any person authorized to Process Personal Information under these Data Processing Terms is bound by appropriate obligations of confidentiality. d. 4BIZapp will implement appropriate technical and organizational measures to protect the Personal Information processed under these Data Processing Terms including against unauthorized or unlawful Processing or accidental loss, alteration, disclosure, or destruction. 4BIZapp will notify you without undue delay of the discovery by 4BIZapp of any Personal Information Breach; e. Taking into account the nature of the Processing and the information available to 4BIZapp, 4BIZapp will assist you in your role as a Controller, by appropriate technical and organizational measures, insofar as this is possible, in fulfilling any obligations under Data Privacy Law applicable to you as a Controller to respond to requests from Data Subjects regarding the exercise of their Data Subject rights; f. To the extent required by Data Privacy Law applicable to you as the Controller, the Processor agrees to support your obligations as a Controller, in particular regarding the security of the Processing or regarding Personal Information Breaches, by providing you with reasonable assistance, taking into account the nature of the Processing and the information available to 4BIZapp; g. Upon your request, 4BIZapp will make available to you all information and provide all assistance that is reasonably necessary to demonstrate 4BIZapp’s compliance with its legal obligations as a Processor under these Data Processing Terms; h. 4BIZapp may subcontract its Processing obligations under these Data Processing Terms to a sub-processor, who may be based in a country other than the one in which you or 4BIZapp are located given the global nature of the 4BIZapp service, including the European Economic Area or the United States, only by way of written agreement that shall impose obligations on the sub-processor that are no less rigorous than the obligations imposed upon 4BIZapp by these Data Processing Terms. 4BIZapp will remain fully liable to you for the performance of that sub-processor’s obligations. i. Without limiting Section 3.i. above, you hereby authorize 4BIZapp to engage other subsidiaries or third parties as its sub-processor(s). Subject to applicable Data Privacy Law, 4BIZapp will notify you in advance of any changes related to its sub-processor(s). If you reasonably object to such changes, you may inform 4BIZapp in writing and stop using our Business Services; and j. Upon termination of the Business Terms, 4BIZapp shall cease Processing Personal Information and shall delete it within the time period set forth in the Business Terms unless applicable law requires further storage or to the extent that 4BIZapp has a right or obligation to use the Personal Information independent of the Business Terms. Agree to Terms