Last Updated: [3/05/2024]

Flairr Inc, doing business as Brilo AI ("Brilo AI," "we," "us," "our"), values your privacy. This Terms and Conditions document outlines the rules and guidelines for using our services and products. By accessing or using our services, you agree to be bound by these terms. If you do not agree with any part of these terms, please refrain from using our services.

Subscriber’s Compliance with Prerecorded Message and Consent Requirements

Subscriber understands and acknowledges that Brilo AI provides tools for Subscriber’s responsible use, and it is Subscriber’s sole responsibility for such use. Continued access and use of the Brilo AI Services is subject to Subscriber’s compliance with these Terms of Use. Brilo AI may monitor, but is not obligated to and bears no responsibility for, uploading of information, databases or audio messages. In addition to other requirements set forth in these Terms of Use, Subscriber agrees that it shall comply with all applicable laws and the following requirements.

· Adherence to Relevant Telemarketing and Calling Regulations

· The subscriber commits to adhering to all relevant federal and state laws, rules, and regulations that apply to the use of automated or prerecorded/artificial voice calls or text messages. This includes compliance with the Telephone Consumer Protection Act, the Telemarketing Sales Rule, Do-Not-Call regulations, and any current or future state laws that are equivalent and regulate the use of prerecorded or automated calls/texts. It also encompasses state-specific do-not-call regulations and telemarketer registration requirements, without any exceptions.

· The subscriber must ensure that the Caller ID information they provide is accurate, correct, and honest.

· The subscriber agrees and recognizes that adhering to these laws is solely their responsibility.

· The subscriber is obligated to make all legally required disclosures.

· Affirmative Consent Where Required

· Subscriber acknowledges and understands that recipient consent is required for certain types of communications. Subscriber understands that there may be different “levels” of consent for different communications.

· Without limiting the foregoing sections, if Subscriber does not have either consent or a business relationship with a recipient as required by applicable law or legally valid exemption from, or legally valid exception to, such laws, Subscriber shall not make that communication.

· Subscriber (i) has and maintains personally or via a third-party the records to prove that Subscriber had the necessary consent, business relationship or legally valid exemption from, or legally valid exception to, such laws at the time of the communication and (ii) will provide certified copies of such records to Brilo AI promptly on Brilo AI’s email request.

Terms of Use

The following Terms of Service (the "Agreement") are entered into by and between Brilo AI, Inc("Brilo AI") and the person or entity on whose behalf the Services (as defined below) are used or accessed (the "Subscriber") governing our platform services, including our programs, features, account portals, and technical support (the "Services"). For clarification, Subscriber includes both those who do and who do not pay for Services. If you do not agree to this Agreement, you are prohibited from using or accessing our Services. We reserve the right to change these terms at any moment by updating the revised terms on our website. By continuing to use our Service, you agree to accept these amended terms.

Brilo AI reserves the right to amend this Agreement and any other information on this website at its discretion without prior notice to you by updating this post. Additionally, Brilo AI may enhance or modify the Services offered at any time, also without prior notice.

Certain Disclaimers

Information on this website is not guaranteed to be correct, current, or complete, and this Site may contain technical inaccuracies or typographical errors. Brilo AI assumes no responsibility (and expressly disclaims responsibility) for updating this Site to keep information current or to ensure the accuracy or completeness of any posted information. Accordingly, Subscriber should confirm the accuracy and completeness of all posted information before making any decision related to any Services.

General

The content of this website (the "Site") cannot be duplicated, reproduced, republished, uploaded, posted, transmitted, distributed, or utilized to produce derivative works without the explicit written permission of Brilo AI. However, Brilo AI provides the Subscriber with a non-exclusive, non-transferable, limited right to access and view the web pages contained within this Site..

This permission is conditioned on Subscriber not modifying the content displayed on this Site, your keeping intact all copyright, trademark, and other proprietary notices, and your acceptance of any terms, conditions, and notices accompanying the content or otherwise set forth in this Site. Notwithstanding the foregoing, any software and other materials that are made available for downloading, access, or other use from this Site with their own license terms, conditions, and notices will be governed by such terms, conditions, and notices.

If the Subscriber does not adhere to the terms of this Agreement, any permissions granted to the Subscriber will be automatically revoked without prior warning. The Subscriber is then required to promptly eliminate all instances of downloaded materials in their possession or under their control. Beyond the limited authorization mentioned above, Brilo AI does not confer any explicit or implied rights or licenses to the Subscriber under any patents, trademarks, copyrights, or any other proprietary or intellectual rights. Furthermore, the Subscriber is prohibited from replicating any content from this Site on another website or in any form of media.

Subscriber Data

The Subscriber grants Brilo AI a non-exclusive, royalty-free, global, perpetual, irrevocable, transferable, and sublicensable license to utilize, duplicate, perform, reproduce, exhibit, and disseminate, as well as to develop derivative works or integrate into other works, all data owned by the Subscriber and supplied to or made available to Brilo AI by the Subscriber in the course of using the Services ("Subscriber Data"). This is solely for the purpose of enabling Brilo AI to meet its commitments under this Agreement. This includes, but is not limited to, conducting research, development, monitoring usage, and performing other day-to-day business operations.

Usage Data

The Subscriber recognizes that Brilo AI may collect specific usage, technical, and statistical information related to the Subscriber's utilization of the Services. This information remains the exclusive property of Brilo AI and does not constitute Subscriber Data. Brilo AI is entitled to freely use and share this usage, technical, and statistical information without any limitations.

Confidentiality

In the course of delivering the Services, either party may share (as the "Disclosing Party") or obtain (as the "Receiving Party") information considered confidential and valuable to the Disclosing Party. This information can be in written or oral form and is characterized as follows:

1. marked as “confidential,” or with a similar designation;

2. identified by the Disclosing Party as confidential and/or proprietary before, during, or promptly after presentation or communication; or

3. disclosed to (or otherwise acquired by) Receiving Party in a manner in which the Disclosing Party reasonably communicated, or the Receiving Party should reasonably have understood under the circumstances or from the nature of the

information or data disclosed, that the information or materials should be treated as confidential, whether or not the specific designation “confidential” or any similar designation is used (“Confidential Information”).

Disclosure and Use:

· Unless specified otherwise in this document or unless given explicit written permission by the Disclosing Party, the Receiving Party shall not:

· Reveal any Confidential Information of the Disclosing Party, except to its directors, officers, members, managers, employees, affiliates, attorneys, and contractors who need to know this information to perform duties or uphold rights under this Agreement;

· Use the Confidential Information for any purposes other than to meet its obligations or to exercise its rights as outlined in this Agreement;

· Permit the reproduction of such Confidential Information by others, except as strictly necessary for the Receiving Party to carry out its responsibilities or exercise its rights as provided in this Agreement;

· Remove or export any Confidential Information in a manner that contravenes any relevant laws. The Receiving Party is obligated to protect the Confidential Information from the Disclosing Party with a level of care that is at least equivalent to the care it would apply to its own similar information, ensuring that this protection is never less than what would be considered reasonable. Additionally, the Receiving Party will ensure that its directors, employees, attorneys, affiliates, and contractors adhere to this standard of care.

· The responsibilities described above do not apply to the utilization or sharing of information that:

o Was already known to the Receiving Party without any confidentiality obligations;

o Was independently created by or for the Receiving Party without relying on or accessing the Disclosing Party’s Confidential Information and without violating this Agreement;

o Was obtained by the Receiving Party from a third party who was not bound by confidentiality regarding that information; or

o Becomes publicly known without any infringement of this Agreement.

The Receiving Party is permitted to disclose Confidential Information if such disclosure is mandated by relevant law or legal proceedings (due to legal obligation or as part of presenting a defense against a claim), or in response to a directive from a government authority, or during a legal, adversarial, administrative, governmental, or regulatory proceeding, provided that:

· the Receiving Party only discloses that portion of the Confidential Information reasonably required to be disclosed; and

· Unless legally restricted, the Receiving Party agrees to give the Disclosing Party timely notice before disclosing any information. This notice allows the Disclosing Party the opportunity to request confidential handling of the Confidential Information, obtain a protective order, or find another suitable solution, reassurance, or agreement to ensure the information's confidentiality. The Disclosing Party will bear any costs associated with securing this confidentiality. Additionally, the Disclosing Party may provide written consent for the specific disclosure or production of the Confidential Information, with the understanding that this consent applies only to the particular instance of disclosure or production.

Return and Remedies

Upon the Disclosing Party's demand or at the termination of this Agreement, the Receiving Party is required to promptly return to the Disclosing Party all copies of the Confidential Information in their possession or under their control, or destroy them if the Disclosing Party grants written authorization for such action. Additionally, upon request, the Receiving Party is obligated to provide written assurance to the Disclosing Party that all Confidential Information has been returned or completely destroyed. The Receiving Party acknowledges the

potential for considerable and irreparable harm caused by any unauthorized disclosure or use of the Confidential Information, which may be difficult to quantify. As a result, the Receiving Party consents to the Disclosing Party's right to seek an immediate injunction against any breach of confidentiality, as well as any other legal or equitable relief available for such violations.

Indemnification

The Subscriber is obligated to defend (as per Brilo AI’s choice), indemnify, and protect Brilo AI and its related entities, including affiliates, subsidiaries, successors, assignees, owners, directors, officers, employees, contractors, representatives, and agents (together referred to as “Brilo AI Indemnitees”), against all forms of claims, investigations by the government, demands, actions, and proceedings, whether actual or potential, as well as all forms of losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (which includes, but is not limited to, reasonable legal fees and expenses) that arise due to or are connected with:

· Any violation or claimed violation of this Agreement by the Subscriber, including any assertions and warranties made within,

· Acts of negligence or wrongdoing by the Subscriber, or

· The Subscriber’s utilization of the Services or the information acquired from such use (this includes, without limitation, data transmitted or received by the Subscriber through the Service).

Should Brilo AI decide that the Subscriber should provide the defense, the Subscriber must:

· Secure legal representation that Brilo AI deems reasonably satisfactory,

· Allow Brilo AI the opportunity to be involved in the defense with its own legal representation at Brilo AI’s own expense, and

· Not agree to any settlement of a claim without Brilo AI’s prior written approval, which should not be unreasonably withheld.

The indemnification duties specified here are intended as the exclusive indemnification provisions, and both Parties relinquish any rights to other forms of indemnification protections that might be available through common law, statutory means, or any other methods.

THE USAGE OF THIS WEBSITE AND ITS OFFERINGS IS ENTIRELY AT THE RISK OF THE USER. EVERYTHING PROVIDED HERE, INCLUDING MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, AND SERVICES ARE OFFERED ON AN "AS IS" BASIS WITHOUT ANY FORM OF WARRANTY OR GUARANTEE. BRILO AI COMPLETELY REJECTS ANY AND ALL WARRANTIES TO THE GREATEST EXTENT ALLOWED BY LAW, THIS INCLUDES BUT IS NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A SPECIFIC USE, AND THE NON-VIOLATION OF COPYRIGHT AND INTELLECTUAL PROPERTY RIGHTS. BRILO AI DOES NOT ENSURE THAT THE SERVICE WILL BE CONTINUOUS, ON TIME, SECURE, OR WITHOUT ERRORS.

THE USER ACKNOWLEDGES AND AGREES THAT ANY DOWNLOAD OR ACQUISITION OF MATERIALS, INFORMATION, CONTENT, PRODUCTS, SOFTWARE, PROGRAMS, OR SERVICES IS DONE AT THEIR OWN CHOICE AND RISK, AND THEY WILL BE COMPLETELY LIABLE FOR ANY RESULTING DAMAGE, INCLUDING BUT NOT LIMITED TO, DATA LOSS OR HARM TO THE USER'S COMPUTER SYSTEM.

IT IS IMPORTANT TO NOTE THAT SOME LEGAL JURISDICTIONS DO NOT ALLOW FOR THE DISCLAIMER OF WARRANTIES, THUS, THE STATED DISCLAIMERS MAY NOT BE APPLICABLE TO THE USER IN SUCH CASES.

Limitation of Liability

IN NO EVENT AND UNDER NO LEGAL THEORY, INCLUDING TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE, SHALL BRILO AI OR ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, SHAREHOLDERS, SUBSIDIARIES, OR AFFILIATES BE HELD RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS OR BUSINESS, ARISING FROM OR RELATED TO THE USE OF THE SERVICES OR THIS AGREEMENT, REGARDLESS OF WHETHER BRILO AI OR AN AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED OR OUGHT TO HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES.

Compliance with Law

Subscriber agrees to use the Services in accordance with all applicable federal, state, and local laws and regulations and industry standards. Without limiting the generality of the foregoing, Subscriber will use the Services in compliance with the Telephone Consumer Protection Act of 1991 (“TCPA”) and all regulations implementing the TCPA, other teleservices laws and regulations, and privacy and data security laws and regulations.

Subscriber acknowledges that all calls are recorded on the platform. Without limiting the generality of the foregoing, Subscriber agrees to comply with all state recording and wiretapping laws.

Subscriber bears sole responsibility for compliance with applicable laws and regulations and sole liability for any and all communications sent using the Services.

Third Party Content + Sites

The Service may interact with, include, or provide links to websites, platforms, services, advertisements, applications, tools, or content owned by third parties, not affiliated with Brilo AI ("Third Party Services"), such as those belonging to advertisers, licensors, and other entities with whom Brilo AI might have business dealings. Additionally, Brilo AI's content, apps, and tools might be hosted on these

Third Party Services. Brilo AI does not oversee the content on Third Party Services, and the use of any Third Party Service accessed via the Service is at the user's discretion, subject to the terms and policies of that third party.

Mentions or links on the Service to any third-party names, marks, products, or services, or any Third Party Services, do not constitute an endorsement or recommendation by Brilo AI. Brilo AI is not accountable for the quality, delivery, or advertising of products or services available through these Third Party Services. Access to some Third Party Services through our Service or your account may require payment, for which you are responsible. Brilo AI will not be liable for any form of loss or damage resulting from your use of these Third Party Services, including but not limited to negligence, contract breaches, defamation, copyright, or intellectual property infringements related to the content and information in these services.

By using the Service, you grant Brilo AI a perpetual, irrevocable license to use, reproduce, modify, create derivative works from, distribute, display, and transmit in any manner, commercially or otherwise, any material you post to social networking sites or other Third Party Services in association with Brilo AI or the Service.

Relationship of the Parties

The parties involved are acting as independent entities. Neither is considered the employee, agent, partner, or joint venturer of the other. Consequently, neither party possesses the authority to enter into agreements with third parties on behalf of the other, nor can they assume any obligations or liabilities for the other party.

Dispute Resolution
All conflicts, disagreements, or claims connected to or arising from this Agreement, including any issues related to its breach, termination, or validity (referred to as a "Dispute"), will be resolved exclusively through arbitration. A request for arbitration must be submitted within a reasonable timeframe after the Dispute emerges, but no later than one year after the party seeking arbitration becomes aware or should have become aware of the facts leading to the Dispute. The arbitration process will adhere to the rules and procedures set forth by the American Arbitration Association for commercial disputes, including any relevant provisions for consumer disputes ("Arbitration Rules"). This arbitration will take place in Maricopa County, Arizona, overseen by a single impartial arbitrator selected according to the Arbitration Rules. Disputes eligible for small claims court in Maricopa County, Arizona may be pursued there as allowed by the Arbitration Rules. For disputes involving less than $10,000, the parties agree to resolve the matter based on written submissions without an oral hearing. The arbitrator's decision will be binding and final, with no rights to appeal. The arbitrator is not permitted to grant punitive, special, consequential, or indirect damages against any party, as allowed by law. Arbitration costs and fees will be split as outlined in the Arbitration Rules, and each party will cover its own legal fees and expenses, regardless of the outcome. However, the arbitrator may order one party to reimburse the other's fees and costs if deemed appropriate by law. Disputes cannot be arbitrated on a class or collective basis, nor can the arbitrator merge claims of other individuals who might be in similar positions. BY ACCEPTING THIS AGREEMENT AND UTILIZING THE SERVICES, EACH PARTY PERMANENTLY FORFEITS ANY RIGHT TO PURSUE CLAIMS OR DISPUTES IN A CLASS ACTION OR CLASS ARBITRATION, OR ANY OTHER GROUP FORMAT, AND RENOUNCES ANY RIGHT TO HAVE A CLAIM OR DISPUTE HEARD IN COURT OR BY A JURY. Any arbitration award may be enforced in any court with jurisdiction over the matter.

Security

The Company has established a comprehensive information security policy to adhere to various legal and business mandates. This policy is aimed at safeguarding all sensitive and confidential information handled, stored, or

transmitted by our software platform, encompassing its applications, components, infrastructure, and code base.

A risk assessment program is in place to evaluate the company's overall risk annually or when significant changes occur. The objective is to pinpoint and evaluate potential threats and weaknesses within our systems and services.

The Company is committed to deploying suitable technical and organizational measures to protect sensitive data. As part of this commitment, all employees must sign a confidentiality agreement when they join, agreeing not to disclose any company information accessible through our systems.

Access to confidential information is strictly regulated, allowing only authorized users with specific responsibilities the ability to access this data.

Through its Data Handling, Retention, and Disposal Program, the Company ensures information management aligns with legal, regulatory, and policy standards. This includes setting a formal data retention timetable and adopting a data classification system to secure confidential information.

Sensitive and confidential information is retained only as long as necessary for its intended purpose, unless legal or contractual obligations dictate otherwise.

To safeguard against unauthorized or direct connections to its network, especially concerning confidential data in cloud settings, the Company employs network segmentation.

A vulnerability management program is actively maintained to protect the confidentiality, integrity, and availability of the company's information system landscape, which encompasses all critical system components. This program

involves conducting both internal and external scans, penetration testing, and remediation activities to manage vulnerabilities effectively.

Additionally, the Company engages independent third parties to conduct annual penetration testing on systems that either contain confidential data or are deemed critically at risk, aiming to uncover and address security vulnerabilities.

Governing Law

This Agreement is governed according to the laws of the State of Arizona, without regard to its conflicts of law principles. Subject to the dispute resolution process described above, all claims, disputes, and suits must be brought exclusively in the state or federal courts located in Maricopa County, Arizona, and the parties agree to the jurisdiction thereof.

Export Laws and International Privacy

Subscriber agrees to fully comply with all U.S. and other applicable export laws and regulations. Subscriber is not permitted to use the Services in connection with the processing of personal data of an EU, EEA, UK, or Swiss data subject or of any person located outside the United States of America.

Severability and Survivability

If a court of competent jurisdiction holds any provision of this Agreement to be contrary to law or public policy or otherwise unenforceable, the remaining provisions shall remain in full force and effect; and the invalid provision shall remain in force as reformed by the court. Portions of this Agreement which by their nature would survive termination thereof (e.g., disclaimer of warranties, limitation of liability, indemnification) shall be deemed to survive.

Waiver

No term or provision of this Agreement shall be deemed waived, and no breach consented to or excused unless such waiver, consent, or excuse is in writing and signed by the party claiming to have waived, consented, or excused. Should either party consent, waive, or excuse a breach by the other party, such shall not constitute a consent to, waiver of, or excuse of any other different or subsequent breach whether or not of the same kind as the original breach.

Miscellaneous

Each party assures the other that it is legally capable of entering into this Agreement, that the individual signing this Agreement is authorized to commit the respective party, and that this Agreement will serve as a legally binding commitment for each party under its terms. Except for the obligation of the Subscriber to make payments, should either party become partially or fully incapable of fulfilling its responsibilities under this Agreement due to an event beyond their control (such as natural disasters, strikes, fires, floods, epidemics/pandemics, utility failures, government actions, wars, or other similar events), the affected party's duties will be deferred for the duration of such event. The Subscriber acknowledges that any vagueness in this Agreement shall not be interpreted against Brilo AI due to its role in drafting it. Brilo AI reserves the right to transfer any of its rights or duties under this Agreement to another entity at any time without notifying the Subscriber. Conversely, the Subscriber is not allowed to transfer any of its rights or obligations under this Agreement without the express written consent of Brilo AI.

Earnings Disclaimer:

Please understand that any projections or discussions about potential earnings or income through our conversational AI technology are purely hypothetical and

should not be seen as guarantees of certain outcomes or levels of achievement. Our statements focus solely on the technological capabilities of our AI, without making any promises about future earnings, operational results, or market penetration. The results you achieve using our technology will depend on several factors, including but not limited to, your business strategy, implementation efforts, sources of leads, and other specific circumstances beyond our control.

The success experienced by each individual can greatly vary based on factors such as personal commitment, business savvy, expertise, and especially the effectiveness of your lead generation methods. We cannot guarantee that past successes or earnings will be replicable in your case. Testimonials or examples of exceptional outcomes should not be seen as typical or expected, nor should they be taken as assurances of similar success for everyone.

Engaging in any business, especially an online one, carries certain risks and may result in outcomes that do not meet your expectations. We are not responsible for your decisions or the outcomes of those decisions, including those made in connection with our technology. When you use our products and services, you acknowledge that your success is dependent on your own efforts, choices, and the quality of your lead generation. You agree that our company is not liable for any success or failure that you may experience as a result of using our conversational AI technology.