Mobile Splash Terms of Use Agreement

Introduction

This Terms of Use Agreement (“Agreement”) is a legally binding contract between Mobile Splash (“Company”) and the individual or entity accessing and using our AI calling services (“Subscriber”). By registering for an account and using our Services, the Subscriber agrees to be bound by the terms and conditions set forth herein. We reserve the right to update or modify these Terms at any time without prior notice, and such changes will be effective immediately upon posting on our website. Continued use of our Services following any such changes will constitute the Subscriber’s acceptance of the new Terms of Use.

Eligibility and Account Registration

The Services of Mobile Splash are intended solely for users who are sixteen (16) years of age or older. By creating an account and using our Services, Subscribers affirm that they meet the age requirement. When registering for an account, Subscribers must provide accurate, current, and complete information and keep this information up to date. Subscribers are responsible for maintaining the confidentiality of their account information and are fully responsible for all activities that occur under their account.

Service Use and Limitations

Mobile Splash provides AI calling services on a pay-per-use model. Subscribers purchase credits to utilize these services, and these credits are non-refundable. The Subscriber is responsible for ensuring that the use of Mobile Splash services complies with all applicable laws, including but not limited to anti-spam and calling laws in the United States, Canada, and other jurisdictions. Mobile Splash is not responsible for any misuse of the services by the Subscriber or for the Subscriber’s non-compliance with such laws.

Intellectual Property Rights

All content and services provided by Mobile Splash, including but not limited to text, graphics, logos, images, and software, are the property of Mobile Splash or its licensors and are protected by intellectual property laws. The Subscriber is granted a non-exclusive, non-transferable, limited right to access and use the Services for their intended purpose. Any unauthorized use of Mobile Splash intellectual property is strictly prohibited and may result in termination of the Subscriber’s account.

No Refund Policy

All sales of credits for the use of Mobile Splash services are final. The Company does not provide refunds for any purchased credits, irrespective of the usage or non-usage of the services.

Subscriber Data and Privacy

Upon termination of a Subscriber’s account, Mobile Splash will delete all data associated with the account in accordance with our privacy policy. Subscribers retain ownership of the data they provide to Mobile Splash but grant the Company a non-exclusive, royalty-free, worldwide license to use such data as necessary to provide and improve the Services.

Liability and Warranty Disclaimers

Mobile Splash provides its services on an “as is” and “as available” basis. The Company makes no representations or warranties of any kind, express or implied, as to the operation of the services or the information, content, materials, or products included on the services. To the full extent permissible by applicable law, Mobile Splash disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability and fitness for a particular purpose. Mobile Splash will not be liable for any damages of any kind arising from the use of the services, including but not limited to direct, indirect, incidental, punitive, and consequential damages.

Warranty Disclaimer

Access and Use of Mobile Splash Services

The use of Mobile Splash website and services is entirely at the Subscriber’s own risk. Mobile Splash provides its materials, information, content, products, software, programs, and services on an “as is” basis, without any form of warranties or guarantees. We explicitly disclaim, to the maximum extent permitted by applicable law, all types of warranties, whether express, implied, statutory, or otherwise. This includes, but is not limited to, any warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary or intellectual property rights. Mobile Splash does not guarantee that the services offered on its website will be uninterrupted, timely, secure, or free from errors.

Responsibility for Use

When a Subscriber downloads or otherwise obtains any materials, information, content, products, software, programs, or services through Mobile Splash, they do so at their discretion and risk. The Subscriber is solely responsible for any resulting damages, including but not limited to loss of data or damage to their computer systems.

Jurisdictional Variations

It is acknowledged that some jurisdictions do not permit the exclusion of certain warranties. In such jurisdictions, the above-stated exclusions might not apply to the Subscriber.

Limitation of Liability

Extent of Liability

In no event shall Mobile Splash, its employees, directors, officers, agents, shareholders, subsidiaries, or affiliates, under any circumstance or legal theory—whether in tort, contract, strict liability, or otherwise—be liable for any direct, indirect, lost profits, lost business damages, or any special, punitive, incidental, or consequential damages of any nature arising from, or in connection with, the use of our services or this agreement. This applies even if an authorized representative of Mobile Splash has been informed or should have been aware of the possibility of such damages.

Compliance with Law

Adherence to Legal Standards

Subscribers are required to use Mobile Splash services in strict accordance with all applicable federal, state, and local laws and regulations, as well as industry standards. This includes adherence to the Telephone Consumer Protection Act of 1991 (“TCPA”) and its implementing regulations, other teleservices laws and regulations, and privacy and data security laws and regulations.

Recording and Privacy Compliance

Subscribers acknowledge that all calls made through the platform are recorded. Subscribers must comply with all state-specific recording and wiretapping laws. The Subscriber bears sole responsibility and liability for ensuring compliance with these laws and for all communications made using the Services.

Amendments to the Terms

Mobile Splash reserves the right to amend these Terms at any time. Such amendments will be effective immediately upon posting on our website. It is the Subscriber’s responsibility to review these Terms periodically for changes. Continued use of the Services following the posting of changes will mean that the Subscriber accepts and agrees to the changes.

Governing Law and Dispute Resolution

This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which Mobile Splash is headquartered, without giving effect to any principles of conflicts of law. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated exclusively in the courts of that jurisdiction.

Miscellaneous

If any provision of this Agreement is deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the Subscriber and Mobile Splash with respect to the Services.