Terms and Conditions

1. Our Services

We provide an all-in-one sales and marketing platform, AI assistants that answer calls, texts, and chats on behalf of a business, and related done-for-you services. Specific features, usage allowances, and prices depend on the plan you choose and are described at checkout, on our website, or in your order.

The Services are operated from the United States and are not intended for use in any jurisdiction where their use would be contrary to law or would subject us to a registration requirement. If you access the Services from elsewhere, you do so on your own initiative and are responsible for complying with local laws.

The Services are not designed to comply with industry-specific regulations such as the Health Insurance Portability and Accountability Act (HIPAA) or the Federal Information Security Management Act (FISMA). You may not use the Services to store or transmit protected health information or other data subject to those laws unless we have agreed to it in a signed writing, and you may not use the Services in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

2. Eligibility and accounts

By using the Services, you represent and warrant that: (1) all registration and business information you submit is true, accurate, current, and complete, and you will keep it updated; (2) you have the legal capacity to agree to these Terms and will comply with them; (3) you are at least 18 years old and old enough to form a binding contract where you live; (4) you will not use the Services for any illegal or unauthorized purpose; and (5) your use of the Services will not violate any applicable law or regulation.

You may need an account to use parts of the Services. You are responsible for keeping your password confidential and for all activity under your account, including activity by any users you authorize. We may remove, reclaim, or change a username that we determine is inappropriate or otherwise objectionable.

If you provide information that is untrue, inaccurate, or incomplete, we may suspend or terminate your account and refuse current or future use of the Services.

3. Account ownership and transfer restrictions

1. Account ownership and permitted users. Each Systmatik account is owned and controlled solely by the original account holder. The account holder may grant access to authorized users within its organization and remains responsible for all activity in the account and for those users' compliance with these Terms.
2. No account transfers. You may not transfer, assign, sell, lease, or share your account with any outside individual or organization, including another marketing agency or business, regardless of affiliation or ownership, unless we authorize it in writing.
3. Platform materials. Workflows, templates, funnels, reports, prompts, and other materials we provide or build within your account are for use only within your Systmatik account by you and your authorized users. You may not copy, transfer, or use them outside the Systmatik platform except as these Terms permit or with our written consent. This protects our proprietary technology and confidential information.
4. Your contact data. You may export your contact data — such as names, phone numbers, and email addresses — at any time, provided you comply with applicable privacy and marketing laws.
5. Unauthorized transfers. Any attempt to transfer, share, or give an unauthorized party access to your account or its materials may result in immediate termination of the account, and we may pursue any remedies available to us under the law.

4. Purchases and payment

We accept major credit and debit cards and any other payment methods shown at checkout. All payments are in US dollars and are processed by our payment processor.

You agree to provide current, complete, and accurate purchase and account information, and to promptly update your email address and payment method so we can complete your transactions and contact you when needed. You authorize us to charge your payment method for all amounts due at the prices then in effect, plus any applicable taxes.

We may change our prices at any time; price changes for an existing subscription are handled as described in Subscriptions, renewal, and cancellation. We may correct pricing errors even after we have requested or received payment, and we may refuse or cancel any order, including orders that appear to be placed by resellers or by automated means.

5. Subscriptions, renewal, and cancellation

Automatic renewal

Subscriptions automatically renew. When you buy a subscription, you authorize us to charge your payment method at the start of each billing period — monthly or annually, depending on the plan you choose — at the then-current price for your plan, without asking for your approval each time, until you cancel.

How to cancel

You can cancel at any time:

• From your account. An account administrator can sign in at app.systmatik.com, go to Settings → Company Billing, and cancel or change the subscription there.
• By email. If your plan does not include access to platform billing settings — for example, an AI chatbot or voice receptionist plan purchased on our website — you can cancel by emailing [email protected] from the email address on the account.

If your plan includes platform billing settings, cancel there. If you cannot reach them — for example, because your account is suspended or you no longer have administrator access — email [email protected] from the email address on the account and we will cancel for you. We do not accept cancellation requests by text message or phone for any plan, because we cannot reliably verify the account holder through those channels.

Cancellation takes effect at the end of the current paid billing period. You keep access until then and will not be charged another subscription fee. Usage-based charges for usage through the end of that period still apply.

Refunds

All purchases are non-refundable, except where a refund is required by law. We do not provide refunds or credits for partial billing periods, unused usage allowances, unused prepaid wallet balance, or the unused portion of an annual plan.

Price changes

We may change subscription fees from time to time. We will notify you before a change to your subscription fee takes effect, as required by applicable law, so that you can cancel first. Usage rates change as described in Usage-based charges.

Failed payments

If a payment fails or your account is past due, we may suspend or limit the Services, including AI assistants and phone numbers, until the balance is paid.

6. Usage-based charges

Some features are billed based on how much you use them, in addition to your subscription fee. Usage is deducted from a prepaid account balance (a "wallet") that is automatically recharged from your payment method when it runs low, or is billed as the usage occurs.

If your plan includes a usage allowance — for example, a number of AI voice minutes each month — usage beyond that allowance is billed at the overage rate shown at checkout or on our pricing page.

If your plan includes platform billing settings (Settings → Company Billing), the usage rates shown there are the rates that apply to your account. If you bought your plan on our website, the rates are the ones shown at checkout or on our pricing page.

The schedule below lists our standard platform usage rates for reference. Rates change over time as carrier and provider costs change, so the schedule may not show the current rate for every service. If it differs from the rates in your billing settings, the rates in your billing settings control.

Usage rates do not include applicable taxes or carrier surcharges. We may change usage rates at any time, including to reflect changes in carrier and provider costs. New rates apply to usage after they appear in your billing settings or on our pricing page.

7. AI assistants and automated communications

How AI assistants work

Our AI assistants generate responses automatically based on the information you give us about your business and on the conversation itself. They can misunderstand callers, give incomplete or incorrect answers, or fail to complete an action such as booking an appointment or transferring a call. You are responsible for reviewing how your assistant is configured, testing it before it goes live, and telling us promptly about anything that needs to be corrected.

Your responsibilities

You are the party communicating with your customers, and you are responsible for how the Services are used on your behalf. You agree to:

• give us accurate, current information about your business, services, prices, hours, and policies, and keep it updated;
• comply with all laws that apply to your calls, texts, emails, and chats, including telemarketing and consumer-protection laws, do-not-call rules, and laws about automated or artificial voices;
• provide any notices and obtain any consents required from the people you communicate with, including notice or consent for call recording and any required disclosure that they are interacting with an AI system; and
• use AI-generated or prerecorded voices for outbound calls only with the prior consent the law requires.

You decide what notices your assistant gives. If you ask us to include an AI-disclosure or call-recording notice in your assistant's greeting, we will add it. Any sample consent language, registration help, scripts, or templates we provide are for your convenience and are not legal advice.

Recording and transcription

Calls, voicemails, texts, and chats handled through the Services may be recorded, transcribed, and stored so that the Services can function and so that you and we can review them. You are responsible for complying with the recording and privacy laws that apply to your business and your callers.

No emergency services or professional advice

The Services are not a substitute for emergency services. AI assistants cannot place or reliably route calls to 911 or any other emergency service, and you must not rely on them to handle emergencies. AI assistants do not provide legal, medical, financial, or other professional advice.

No guarantee of results

We do not guarantee that the Services will answer every call or message, generate any particular number of leads, bookings, or sales, or produce any specific business result.

8. Messaging policy for platform users

All messages you send through the Systmatik platform, regardless of use case or phone number type, must comply with application-to-person (A2P) messaging standards, carrier requirements, and applicable law. The following rules apply to every customer who uses our phone and messaging features:

• Registration. You must complete any required sender registration, such as A2P 10DLC brand and campaign registration or toll-free verification, and provide accurate information for it, before you send messages.
• Consent (opt-in). Send text messages only to contacts who have opted in to receive them from you. Consent cannot be bought, sold, or exchanged — for example, you may not obtain consent by purchasing a phone list.
• Revocation of consent (opt-out). Your first message to a contact must include opt-out language such as "Reply STOP to unsubscribe," and contacts must be able to revoke consent at any time by replying with a standard opt-out keyword. Contacts who opt out are automatically marked do-not-disturb and cannot be messaged again unless they opt back in.
• Sender identification. Your first message must clearly identify you — the party that obtained the opt-in — as the sender. The platform may automatically add sender identification and opt-out language to messages.
• Prohibited content. Do not send messages relating to alcohol, firearms, gambling, tobacco, cannabis, or other adult content, or any content that is unlawful, deceptive, or harassing.
• No filtering evasion. Do not send content designed to evade spam detection, such as intentionally misspelled words or non-standard opt-out phrases, and do not spread similar messages across many phone numbers to avoid detection ("snowshoeing").

Sending limits and monitoring

To protect deliverability for all customers, new accounts are subject to daily sending limits that increase over time, and all messages — including one-to-one replies — may count toward those limits. We monitor delivery-error and opt-out rates. If your rates are high, we may warn you, automatically stop messages to unreachable or opted-out numbers, or temporarily restrict sending from your account.

How we handle violations

When we identify a violation, we will, where possible, work with you in good faith to bring your messaging back into compliance. To protect every customer's ability to use messaging for legitimate purposes, we may suspend or remove access to the platform for customers or end users who do not comply with this policy, applicable law, or industry standards — with limited notice in the case of serious violations.

9. Text messages from Systmatik

If you opt in to receive text messages from Systmatik — for example, by agreeing to receive texts when you submit one of our forms or book a call, or by texting one of our numbers first — we may send you messages about your inquiry, appointment confirmations and reminders, and account, billing, and service notifications. We send marketing messages only if you separately agree to them. Consent to receive text messages is not a condition of any purchase.

• Message frequency varies.
• Message and data rates may apply, as determined by your mobile carrier and plan.
• Opting out. Reply STOP to any message to stop receiving texts. You may receive one final message confirming your opt-out.
• Help. Reply HELP for assistance, email [email protected], or call (844) 311-5177.
• Carriers are not liable for delayed or undelivered messages.

We do not share mobile numbers or text messaging consent with third parties or affiliates for marketing purposes. See our Privacy Policy for details.

10. Intellectual property rights

Our intellectual property

We own or license all intellectual property rights in the Services, including the source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics (the "Content"), and the trademarks, service marks, and logos they contain (the "Marks"). The Content and Marks are protected by copyright, trademark, and other laws and treaties in the United States and around the world.

Your license to use the Services

As long as you comply with these Terms, we grant you a non-exclusive, non-transferable, revocable license to access and use the Services, and to download or print a copy of any Content you have properly gained access to, solely for your internal business purposes.

Except as these Terms allow, no part of the Services, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written permission. To request permission, email [email protected]. We reserve all rights not expressly granted to you, and any breach of this section ends your right to use the Services immediately.

Your content and data

You keep ownership of the content and data you submit to the Services, including your business information, contact lists, and the conversations between you and your customers ("Your Data"). You grant us a non-exclusive, worldwide, royalty-free license to host, copy, process, transmit, and display Your Data as needed to provide, secure, support, and improve the Services, including through the service providers we use to deliver them, and to create aggregated or de-identified information that does not identify you or any individual.

Where Your Data includes personal information about your customers or leads, we handle it on your behalf as your service provider: we do not sell it, we pass along privacy requests we receive about your customers, and we will tell you without undue delay if we learn of a security incident affecting it.

You represent that you have all rights and permissions needed to submit Your Data to the Services and to allow us to process it as described in these Terms and our Privacy Policy.

Use of your name and logo

Unless you tell us otherwise in writing, we may identify you as a customer and use your business name and logo on our website and in our marketing materials. You can opt out at any time by emailing [email protected].

11. Feedback, reviews, and public contributions

Feedback. If you send us questions, comments, suggestions, ideas, or other feedback about the Services, you assign to us all intellectual property rights in that feedback, and we may use it for any lawful purpose without acknowledgment or compensation to you.

Public contributions. If you post a review, testimonial, comment, or other content in a public area of the Services, you grant us an unrestricted, perpetual, irrevocable, non-exclusive, transferable, sublicensable, royalty-free, worldwide license to use, reproduce, publish, display, adapt, and distribute it, together with the name and business name you post it under, in any media and for any purpose, including advertising. You are responsible for what you post, and you confirm that it is accurate, that you have the right to post it, and that it is not confidential.

Review guidelines. When posting a review: (1) you should have firsthand experience with the person or business being reviewed; (2) do not include profanity or abusive, racist, or hateful language; (3) do not include discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) do not refer to illegal activity; (5) do not post negative reviews if you are affiliated with a competitor; (6) do not make conclusions about the legality of conduct; (7) do not post false or misleading statements; and (8) do not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, edit, or remove reviews and other public contributions at our discretion, and we have no obligation to screen or delete them. They do not necessarily represent our opinions, and we are not liable for them.

12. Prohibited activities

You may use the Services only for the purposes for which we make them available. As a user of the Services, you agree not to:

• systematically retrieve data or content from the Services to create a collection, database, or directory without our written permission;
• trick, defraud, or mislead us or other users, especially to learn sensitive account information such as passwords;
• circumvent, disable, or interfere with security features of the Services or features that restrict the use or copying of Content;
• use information obtained from the Services to harass, abuse, or harm another person;
• make improper use of our support services or submit false reports of abuse or misconduct;
• use the Services in a manner inconsistent with any applicable law or regulation, including to send unsolicited or unlawful calls, texts, or emails;
• upload or transmit viruses, Trojan horses, spam, or other material that interferes with anyone's use of the Services or disrupts their operation;
• access the Services through automated means such as bots, scrapers, or scripts, other than through the features and integrations we provide;
• delete any copyright or other proprietary rights notice from the Content;
• impersonate another user or person, or use another user's account;
• interfere with, disrupt, or create an undue burden on the Services or the networks connected to them;
• harass, intimidate, or threaten any of our employees or agents;
• attempt to bypass any measure designed to prevent or restrict access to the Services;
• copy or adapt the software behind the Services or, except as the law permits, decompile, disassemble, or reverse engineer it;
• collect usernames or contact details of other users in order to send unsolicited messages, or create accounts by automated means or under false pretenses; or
• use the Services or Content to build or support a product or service that competes with ours, or resell the Services without our written permission.

13. Mobile application

If you access the Services through the App, we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on devices you own or control, strictly in accordance with these Terms. You may not: (1) decompile, reverse engineer, or attempt to derive the source code of the App, except as the law permits; (2) modify, adapt, translate, or create derivative works from the App; (3) remove or obscure any proprietary notice in the App; (4) make the App available over a network that allows use by multiple devices or users at the same time; (5) use the App to create a competing product or service; or (6) use the App to send automated queries to any website or to send unsolicited commercial email.

If you obtained the App from the Apple App Store or Google Play (each an "App Distributor"): (1) your license is limited to use on a device running the applicable operating system and in accordance with the App Distributor's terms of service; (2) the App Distributor has no obligation to provide maintenance or support for the App; (3) if the App fails to conform to any applicable warranty, you may notify the App Distributor, which may refund any purchase price paid for the App in accordance with its policies and will have no other warranty obligation; (4) you represent that you are not located in a country subject to a US government embargo and are not on any US government list of prohibited or restricted parties; (5) you must comply with applicable third-party terms when using the App, such as your wireless service agreement; and (6) the App Distributors are third-party beneficiaries of this section and may enforce it against you.

14. Connected accounts and third-party services

Connected accounts. The Services may let you connect accounts you hold with third parties, such as calendars, social media pages, review profiles, payment processors, or other software. You represent that you are entitled to connect each account and to give us access to it without breaching the terms that govern it. When you connect an account, we may access, store, and make available through the Services the content and information that account provides. Your relationship with each third-party provider is governed solely by your agreement with that provider, and you can disconnect an account at any time. If a third-party account or service becomes unavailable, or the provider ends our access to it, the related features may stop working.

Third-party websites and content. The Services may contain links to third-party websites and may display or rely on third-party content, software, and services. We do not investigate, monitor, or check them for accuracy, appropriateness, or completeness, and we are not responsible for them. Linking to or integrating with a third party does not imply our endorsement. If you leave the Services or use third-party services, you do so at your own risk, these Terms no longer govern, and you should review the third party's terms and policies. Any purchase you make from a third party is solely between you and that third party.

15. Service management, suspension, and termination

We reserve the right, but have no obligation, to: (1) monitor the Services for violations of these Terms; (2) take appropriate legal action against anyone who violates the law or these Terms, including reporting them to law enforcement; (3) refuse, restrict, limit, or disable any content or activity; (4) remove files and content that are excessive in size or burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and keep the Services working properly.

These Terms remain in effect while you use the Services. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, TO DENY ACCESS TO AND USE OF THE SERVICES TO ANY PERSON FOR ANY REASON, INCLUDING FOR BREACH OF THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY SUSPEND OR TERMINATE YOUR USE OF THE SERVICES OR DELETE YOUR ACCOUNT AND ANY CONTENT YOU POSTED AT ANY TIME, IN OUR SOLE DISCRETION.

If we terminate or suspend your account, you may not register a new account under your name, a false or borrowed name, or the name of any third party. In addition to terminating or suspending your account, we may take appropriate legal action, including pursuing civil, criminal, and injunctive remedies. Sections that by their nature should survive termination — including payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution — will survive.

16. Changes to the Services and these Terms

We may change, update, suspend, or discontinue all or part of the Services at any time. We are not liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may experience hardware, software, carrier, or other problems, or need to perform maintenance, resulting in interruptions, delays, or errors. You agree that we have no liability for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime. Except as stated in your plan, nothing in these Terms obligates us to maintain or support the Services or to provide corrections or updates.

The Services may contain typographical errors, inaccuracies, or omissions, including in descriptions, pricing, and availability. We may correct them and update the information on the Services at any time without prior notice.

We may update these Terms from time to time. The "Last updated" date shows when they were last revised. If we make material changes, we will notify you by posting a notice on the Services or by emailing you from [email protected]. Updated Terms take effect when we post them, or on the later date stated in the notice. By continuing to use the Services after the updated Terms take effect, you agree to be bound by them.

17. Privacy

We care about data privacy and security. Please review our Privacy Policy, which explains how we handle personal information. The Services are hosted in the United States. If you access the Services from a region with laws governing personal data that differ from those of the United States, you are transferring your data to the United States and you consent to its transfer and processing there.

18. Data backup and export

We maintain certain data that you transmit to the Services in order to operate them, along with data about your use of the Services. Although we perform regular routine backups, you are solely responsible for all data that you transmit or that relates to your activity on the Services, and for exporting any data you want to keep before your account is closed. You agree that we have no liability to you for any loss or corruption of that data, and you waive any right of action against us arising from it.

19. Copyright (DMCA) notice and policy

We respect the intellectual property rights of others. If you believe that material available on or through the Services infringes a copyright you own or control, please notify our Designated Copyright Agent using the contact information below (a "Notification"). A copy of your Notification will be sent to the person who posted or stored the material. Under federal law, you may be held liable for damages if you make material misrepresentations in a Notification, so if you are not sure that material infringes your copyright, consider contacting an attorney first.

A Notification must meet the requirements of 17 U.S.C. § 512(c)(3) and include: (1) a physical or electronic signature of a person authorized to act on behalf of the copyright owner; (2) identification of the copyrighted work claimed to have been infringed; (3) identification of the infringing material and information reasonably sufficient to let us locate it; (4) your contact information, including an address, telephone number, and email address; (5) a statement that you have a good-faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the Notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you believe your material was removed by mistake or misidentification, you may send our Designated Copyright Agent a written counter notification that includes: (1) identification of the material that was removed and where it appeared; (2) a statement that you consent to the jurisdiction of the Federal District Court for the district in which your address is located or, if you are outside the United States, any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good-faith belief that the material was removed as a result of mistake or misidentification; and (6) your physical or electronic signature. If we receive a valid counter notification, we will restore the material unless we first receive notice that the party who filed the Notification has filed a court action to restrain the allegedly infringing activity.

Designated Copyright Agent

• Jason Walters, Attn: Copyright Agent
• Systmatik LLC
• 3349 Somis Rd, Unit 224
• Somis, CA 93066
• Phone: (844) 311-5177
• Email: [email protected]

20. Disclaimer

THE SERVICES ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE OF THEM, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SERVICES' CONTENT, OF ANY OUTPUT GENERATED BY AN AI ASSISTANT, OR OF ANY WEBSITES OR APPLICATIONS LINKED TO THE SERVICES, AND WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, MATERIALS, OR AI-GENERATED OUTPUT; (2) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES; (3) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL OR FINANCIAL INFORMATION STORED ON THEM; (4) INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, INCLUDING MISSED, DROPPED, OR MISROUTED CALLS AND MESSAGES; (5) BUGS, VIRUSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY; OR (6) ERRORS OR OMISSIONS IN ANY CONTENT OR ANY LOSS OR DAMAGE INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE THROUGH THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY LINKED WEBSITE, AND WE ARE NOT A PARTY TO, OR RESPONSIBLE FOR MONITORING, ANY TRANSACTION BETWEEN YOU AND A THIRD-PARTY PROVIDER.

Any software we provide for use with the Services that is not covered by a separate license agreement is licensed to you on a non-exclusive, revocable, non-transferable basis solely for use with the Services, and is provided "AS IS" without warranty of any kind.

21. Limitations of liability

IN NO EVENT WILL WE OR OUR OWNERS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOST BUSINESS OR LEADS, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD BEFORE THE CAUSE OF ACTION AROSE, OR $100, WHICHEVER IS GREATER. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. Indemnification

You agree to defend, indemnify, and hold us harmless, including our affiliates and our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of: (1) Your Data and anything you post or submit through the Services; (2) your use of the Services, including the calls, texts, emails, and other communications sent or received on your behalf; (3) your breach of these Terms or of your representations and warranties in them; (4) your violation of any law or of the rights of a third party, including intellectual property, privacy, and telecommunications laws; or (5) any harmful act toward any other user of the Services.

We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of those claims. We will use reasonable efforts to notify you of any such claim when we become aware of it.

23. Governing law

These Terms and your use of the Services are governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles.

24. Dispute resolution

Informal negotiations

To speed up resolution and control the cost of any dispute, controversy, or claim related to these Terms (each a "Dispute") brought by either you or us (each a "Party"), the Parties agree to first try to negotiate any Dispute, other than those expressly excluded below, informally for at least thirty (30) days before starting arbitration. Informal negotiations begin when one Party gives written notice to the other.

Binding arbitration

If the Parties cannot resolve a Dispute through informal negotiations, the Dispute (other than those expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration will be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA's Consumer Arbitration Rules ("AAA Consumer Rules"), both available at adr.org. Your arbitration fees and your share of arbitrator compensation will be governed by, and where appropriate limited by, the AAA Consumer Rules. If the arbitrator determines those costs are excessive, we will pay all arbitration fees and expenses.

The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless a Party requests one. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where the AAA rules or applicable law require otherwise, the arbitration will take place in Los Angeles, California. The Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate, or enter judgment on the arbitrator's award.

If for any reason a Dispute proceeds in court rather than arbitration, it will be commenced or prosecuted in the state and federal courts located in Los Angeles, California, and the Parties consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in those courts. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act (UCITA) do not apply to these Terms.

No Dispute related in any way to the Services may be commenced more than one (1) year after the cause of action arose. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within the portion found illegal or unenforceable, and that Dispute will be decided by a court of competent jurisdiction within the courts listed above.

Restrictions

Any arbitration will be limited to the Dispute between the Parties individually. To the full extent permitted by law: (a) no arbitration will be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class-action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions

The following Disputes are not subject to the informal negotiation and binding arbitration provisions above: (a) Disputes seeking to enforce or protect, or concerning the validity of, a Party's intellectual property rights; (b) Disputes related to or arising from allegations of theft, piracy, invasion of privacy, or unauthorized use; (c) any claim for injunctive relief; and (d) any individual claim that qualifies for small claims court in the county where either Party is located. If this provision is found to be illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within the portion found illegal or unenforceable, and that Dispute will be decided by a court of competent jurisdiction within the courts listed above.

25. Electronic communications, transactions, and signatures

Visiting the Services, sending us emails, and completing online forms are electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically — by email or on the Services — satisfy any legal requirement that the communication be in writing. YOU AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You waive any rights or requirements under any law that require an original signature, delivery or retention of non-electronic records, or payments or credits by any means other than electronic means.

26. California users and residents

If a complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

27. Miscellaneous

These Terms, together with any policies or operating rules we post on the Services and any separate written agreement between you and us, are the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms is not a waiver of that right or provision. These Terms operate to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We are not responsible or liable for any loss, damage, delay, or failure to act caused by anything beyond our reasonable control, including failures of carriers, networks, or third-party providers.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part is severable from these Terms and does not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us by these Terms or your use of the Services. These Terms will not be construed against us because we drafted them. You waive any defenses you may have based on the electronic form of these Terms and the lack of signing by the parties.

28. Contact us

To resolve a complaint about the Services or to get more information about using them, contact us at:

Systmatik LLC

• 3349 Somis Rd, Unit 224
• Somis, CA 93066
• Phone: (844) 311-5177
• Email: [email protected]