TEXTR TEAM POLICY

Date of Latest Revision: April 22, 2022

The present Textr Team Policy (hereinafter referred to as the “Policy” or the “Textr Team Policy”) shall set forth the terms upon which users may use and access the Textr Team product, as an application developed and created by Textr, Inc. The Textr Team product is offered as an application on iOS, Android and as a web app, accessible on a desktop or a mobile device.

The present Policy must be read in conjunction with the Terms and Conditions applicable to the usage of the Company’s website, https://textrapp.com/ and its corresponding web and mobile applications (collectively referred to as the “Platform”). Such Terms and Conditions shall remain fully binding and applicable to the usage of the Textr Team product, unless otherwise stated herein. Any capitalized terms in this Policy that are not defined herein shall have the meanings attributed to them in the Terms and Conditions. In case of any discrepancy or contradiction between the present Policy and the Terms and Conditions, the present Policy shall prevail as it is more specific with regard to the Textr Team product.

1. Textr Team Product

The Textr Team product provides an application serving as a next-generation communication platform, thereby allowing Businesses to (i) subscribe to one (1) or multiple virtual phone numbers and/or toll-free phone numbers from the United States, Canada and/or the United Kingdom and/or (ii) use their existing landline phone number to engage in inbound and outbound calling as well as texting, both internal and external. Using the Textr Team product, a Business and its employees may respond to client inquiries by way of phone calls, SMS and/or MMS, the whole using any one (1) or more existing phone number(s).

More information regarding the Textr Team product is available on the Platform. Further, for more details regarding the Textr Team product, including pricing, please contact the Company using any contact method provided on the Platform.

2. Free Trial

Upon request by a Business and subject to the Company’s consent, the Company may offer the Business a free trial of the Textr Team product. The Company shall indicate the commencement date of the Textr Team product trial. If no date is indicated, the commencement date shall correspond to the date at which the Business first uses the Textr Team product. The Textr Team product trial shall be free of charge for the duration specified in the applicable confirmation or as indicated by the Company.

During the trial period and thereafter, the Business agrees to use the Textr Team product in accordance with its intended usage. During the trial, the Business shall be responsible for using the Textr Team product solely to evaluate if such product would be suitable for the Business’s operations and activities. The Business further agrees that its usage of the Textr Team product shall comply with the provisions of the Terms and Conditions, as published on the Platform.

Moreover, the Business understands and agrees that the Textr Team product trial shall be provided as is, without warranties or guarantees of any kind.

During the trial period, the Company may provide support services with respect to the Textr Team product, at the Company’s discretion, however, that the Company shall be under no obligation to do so.

All exclusions of liability contained in the Terms and Conditions shall apply to the Textr Team product trial. The Business shall remain responsible for any damages or claims arising out of the Business’s improper, inappropriate, faulty or otherwise problematic usage of the Textr Team product.

The Company reserves the right to terminate the free trial at any time by notifying the Business. If the Business does not wish to proceed with a Subscription to the Textr Team product after the completion of the free trial, the Business shall notify the Company prior to the completion of the trial, in accordance with the requirements stipulated in this Policy. Such notifications may be provided by the Business by email or as a notification using the Textr Team product.

Upon the completion of the Textr Team product trial and provided the Business has not notified the Company of its intent to cease using the Textr Team product, the Business shall be automatically billed for a Subscription to the Textr Team according to applicable pricing.

3. Subscriptions and User Seats

Businesses may purchase a Subscription to the Textr Team product by following the instructions set forth on the Platform, subject to the payment of subscription fees as provided in the Terms and Conditions. The Subscription shall be paid by the Business to the Company on a monthly basis.

Every phone number purchased by a Business shall be subject to a maximum number of text messages and call minutes, based upon the number of users designated by the Business to such phone number, as more amply described in the Fair Usage section of this Policy.

Upon purchasing a phone number using the Textr Team product, the Business may designate one (1) or more users to such phone number. The Business shall be permitted to select the number of users designated to such phone numbers. The maximum text messages and call minutes applicable to such phone numbers shall depend on the number of users designated to such phone numbers. Moreover, the cost of the Subscription shall take into account the additional user(s). As such, the Subscription costs shall be calculated based upon the number of users subscribed to the corresponding phone number, and not according to active users.

Every phone number purchased by a Business by way of the Textr Team product shall require at least one (1) user. The Business acknowledges that upon purchasing a phone number from the Textr Team product, one (1) user seat shall be provided by default. The Business may add users or increase the fair usage limit, thereby upgrading the Subscription plan, by adding user seats.

Every phone number purchased by a Business shall be subject to a separate Subscription plan. Unused balances from one phone number may not be transferred to another phone number, even if it belongs to the same Business. A Business may not apply any unused balance to a new phone number.

4. Provision of Information

To benefit from certain Textr Team product features, the Business may be asked to provide additional information to the Company and its connectivity partners, as applicable.

The additional information to be provided by the Business shall be based upon the Company’s connectivity partners and carrier requirements. Such additional information may include, without limitation, the Business’s address, contact information, use cases, opt-in flow and other relevant information.

Any fees or charges owed to the Company’s connectivity partners or carriers in connection with the Business’s provision of information, or failure to provide the required information, shall be charged to the Business. Any Business who neglects or fails to submit the necessary information may not be able to access certain features or portions of the Textr Team product. Where possible, the Textr Team product shall notify the Business of any missing information, corrective measures or action required by the Business, however, the Company shall not be held responsible for any loss, claim or damage resulting from the Business’s failure to comply with the information provision requirements and/or applicable legislation, including any laws and regulations.

Any Business subscribing to a toll-free phone number using the Textr Team product shall be required to submit business information and credentials for verification purposes to ascertain the Business’s lawful existence and activities. Pursuant to the Business’s purchase of the toll-free phone number, the Business shall fulfill text-enabled action to comply with the information provision requirements. The Business acknowledges that such requirements are in line with applicable telecommunication laws.

5. Fair Usage

Mass Texting: Unless the Business has purchased a specific Subscription to the Textr Team product which allows for mass texting, the Business acknowledges and agrees that the Business Account is not intended to be used for mass texting, text message marketing and drop campaigning.

Subscription (Canada and United States): Unless otherwise specified, the Subscription shall include a maximum of one thousand five hundred (1,500) text messages and one thousand five hundred (1,500) call minutes to Canada and the United States per user seat designated by the Business to its phone number per month. Any inbound or outbound MMS shall be calculated as three (3) text messages. Any usage in excess thereof shall be subject to fees of 0.008 $ payable by the Business for any excess call minute or text message.

Subscription (United Kingdom): Unless otherwise provided, the Subscription shall include a maximum of three hundred (300) text messages to United Kingdom phone numbers per user seat designated by the Business to its phone number per month, excluding Multimedia Messaging Service (MMS), which are not supported by the Textr Team product. Any usage in excess thereof shall be subject to additional fees of five cents (0.05 $) per text message or the applicate rate per excess text message payable to the Company by the Business.

Subscription (Toll-Free Numbers): Further, with respect to a toll-free phone number attributed to the Business, the Subscription shall include a maximum of one thousand (1,000) inbound and outbound text messages and three hundred (300) call minutes per user seat designated by the Business to its phone number per month. Any inbound or outbound MMS shall be calculated as three (3) text messages. Any text message or talk minute exceeding the maximum permitted under the Subscription with respect to toll-free phone numbers shall be invoiced at the rate of one cent (0.01 $) per text message or call minute.

Notification of Excess Usage: The Company shall attempt to notify the Business of any excess usage or text messages by way of a written notice sent by email and/or as a notification on the Textr Team product.

6. Updates

The Company reserves the right to make updates to this Policy and to the Fair Usage terms, at any time. Any updates to this Policy and to Fair Usage terms shall be published on the Platform. Businesses shall be responsible for reviewing this Policy periodically to keep up to date with the latest updates to the Fair Usage provisions.