Global Terms of Service

These Terms of Service (“Terms”) govern access to and use of the SightCall Services by a business or organization (“Customer”) and its authorized Users. By accessing or using the SightCall Services, Customer agrees to these Terms and represents that the person accepting them has authority to bind Customer. These Terms are not intended for consumer or personal household use. The “Effective Date” is the earlier of (a) Customer’s initial access to the SightCall Services through any online provisioning, registration or ordering process, or (b) the effective date of the first Order referencing or governed by these Terms.

1. Definitions

“Acceptable Use Policy” means SightCall’s then-current acceptable use policy applicable to the SightCall Services, as made available by SightCall from time to time.

“Affiliate” means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. For purposes of this definition, “control” means direct or indirect ownership or control of more than 50% of the voting interests of the subject entity.

“Client Software” means software licensed or otherwise made available by SightCall to Customer for installation or use on Customer-controlled devices to enable access to and use of the SightCall Services, including applicable mobile and desktop applications.

“Confidential Information” means the meaning set forth in Section 9.

“Customer Content” means the meaning set forth in Section 4.1.

“Documentation” means the online product documentation, user instructions and other documentation made available by SightCall for the SightCall Services, as updated from time to time.

“DPA” means SightCall’s applicable data processing addendum.

“Order” means any binding SightCall service order, order form, quote, online checkout, ordering document, order confirmation or similar commercial document that identifies SightCall Services purchased or used by Customer and is governed by these Terms. An Order may identify, among other things, subscription entitlements, Support Services, additional features or modules, the Subscription Term, pricing and fees.

“Output” means the meaning set forth in Section 4.4.

“Professional Services” means professional consulting, implementation, configuration, integration, training or related services that SightCall agrees to provide under an Order or SOW.

“Renewal Term” means each renewal period described in Section 13.1.

“Service Data” means the meaning set forth in Section 5.4.

“Service Level Commitment” means any then-current service-level commitment or service-level policy expressly incorporated into the applicable Order for paid production SightCall Services.

“SightCall Contracting Entity” means the meaning set forth in Section 15.

“SightCall Services” means SightCall’s cloud-based Video Intelligence platform and related products, software, features and capabilities, including Remote Visual Support, SightCall Snap, SightCall Insights, SightCall Xpert Knowledge, associated artificial intelligence features, APIs, SDKs, Client Software and Documentation.

“SightCall Technology” means the meaning set forth in Section 6.

“SOW” means a statement of work referencing these Terms or an applicable Order and describing Professional Services, fees, milestones, dependencies and other applicable specifications.

“Subscription Term” means the initial subscription period for the applicable SightCall Services stated in an Order.

“Support Services” means technical support and application management services made available by SightCall under the applicable support policy, schedule or Order.

“Term” means the Subscription Term together with any Renewal Term(s), unless earlier terminated in accordance with these Terms.

“User” means a person authorized by Customer to access or use the SightCall Services under Customer’s account or purchased entitlements, including Customer personnel, Affiliates, contractors and permitted end users, as applicable.

2. SightCall Services

2.1 Services and Access

Subject to these Terms and any applicable Order, SightCall grants Customer a limited, non-exclusive, non-transferable right during the applicable Term to access and use the SightCall Services for its internal business purposes and permitted end-user use cases, strictly in accordance with purchased entitlements, Documentation and any scope-of-use restrictions stated in the applicable Order.

2.2 Users and Accounts

Customer is responsible for its Users, credentials, configurations and activity under its accounts, and will ensure that its Users comply with these Terms. Customer may permit its Affiliates and contractors to use the SightCall Services for Customer’s benefit, subject to purchased entitlements and Customer’s responsibility for their use. Customer is responsible for promptly rescinding access for any User that Customer no longer wishes to have access.

2.3 APIs, SDKs and Client Software

Where included in Customer’s purchased entitlements, Customer may use SightCall APIs, SDKs and Client Software solely to access and use the SightCall Services and to create permitted integrations. Customer is responsible for integrations it creates or controls and for ensuring they remain compatible with the SightCall Services. Third-party marketplace terms may apply to applications downloaded through Apple App Store, Google Play or other third-party marketplaces.

2.4 Updates, Beta Features and Third-Party Dependencies

SightCall may update or modify the SightCall Services from time to time. Beta, preview, evaluation, proof-of-concept and similar features are provided as-is, may change or be discontinued, and may not be covered by Support Services or service-level commitments. The SightCall Services may interoperate with or depend on third-party infrastructure, models, services or content providers. Customer’s optional direct use of third-party services is subject to the applicable third-party terms. Unless expressly stated in writing, SightCall does not provide maintenance or support for third-party services or Customer-created integrations.

3. Acceptable Use

Customer will use the SightCall Services only in accordance with applicable law, these Terms and the Acceptable Use Policy. Customer will not, and will not permit others to:

• rent, lease, sublicense or provide the SightCall Services to third parties except as expressly permitted;
• use the SightCall Services to provide or create a materially similar service for a third party except as expressly permitted in an Order;
• reverse engineer, decompile, disassemble or attempt to derive source code, non-public APIs, model weights, system prompts, training data or other non-public components, except to the extent such restriction is prohibited by law;
• copy or modify the SightCall Services or Documentation, or create derivative works of SightCall Technology, except as expressly permitted;
• circumvent usage limits, access controls, safety measures or security mechanisms;
• introduce malicious code, interfere with the integrity or performance of the SightCall Services, or conduct penetration testing without SightCall’s prior written authorization;
• use automated extraction or harvesting to develop or train a competing foundation model or materially similar service; or
• use the SightCall Services for unlawful, infringing or abusive activity.

4. Customer Content, Recordings and AI

4.1 Customer Content

“Customer Content” means content submitted to, transmitted through, recorded by or otherwise made available to the SightCall Services by or on behalf of Customer, including audio, video, images, recordings, documents, files, communications, prompts, instructions, knowledge bases and records, together with AI-generated Output to the extent generated specifically for Customer. Customer retains ownership of Customer Content.

Customer grants SightCall and its authorized service providers a non-exclusive, worldwide, royalty-free right to access, host, copy, store, record, transmit, process and otherwise use Customer Content solely as reasonably necessary to provide, maintain, secure and support the SightCall Services, including AI features used or enabled by Customer; comply with Customer instructions; prevent abuse or security incidents; and comply with applicable law.

4.2 Recordings

Certain SightCall Services may enable Customer to record or process audio, video, images, screens or associated data. Customer is responsible for providing all legally required notices and obtaining all rights, permissions and consents necessary for recording and subsequent processing, including transcription, analysis and AI processing.

4.3 AI Model Training

SightCall will not use Customer Content to train or improve artificial intelligence or machine learning models unless Customer expressly opts in. SightCall will not permit its third-party AI model providers to use Customer Content to train or improve their models except where Customer expressly opts in or instructs SightCall to use a service for which such processing is disclosed and agreed.

4.4 AI Output

“Output” means content, recommendations, summaries, classifications, transcripts, analyses, answers, metadata, tutorials or other results generated by an AI feature in response to Customer input. As between the parties and to the extent permitted by applicable law, Customer owns Output generated specifically for Customer, excluding SightCall Technology and third-party materials. Output may not be unique and the same or similar output may be generated for other users.

AI features may produce Output that is incomplete, inaccurate, outdated, offensive or otherwise unsuitable for a particular purpose. Customer is responsible for reviewing and evaluating Output for accuracy, appropriateness, legality and fitness for its intended use before relying on, publishing or otherwise using it. AI-generated Output is not a substitute for human review, professional judgment or independent verification.

4.5 Customer Responsibility

Customer is responsible for the accuracy, legality and appropriateness of Customer Content and for obtaining all rights, licenses, notices, consents and permissions necessary for SightCall to process Customer Content. Customer Content and Customer’s use of the SightCall Services must not violate applicable law, third-party intellectual property, privacy or publicity rights, contractual restrictions, or the Acceptable Use Policy.

4.6 Retention and Post-Termination Retrieval

Retention periods may vary by SightCall Service, configuration, Customer instruction and applicable law. Unless expressly agreed otherwise, the SightCall Services are not archival or backup services. Customer is responsible for maintaining copies of Customer Content where required for its business, legal or compliance needs.

SightCall shall make Customer Content available for retrieval for thirty (30) days following expiration or termination of the applicable SightCall Services, to the extent such Customer Content remains available in the applicable SightCall Service and subject to applicable law, Customer configuration and Documentation. Thereafter, Customer acknowledges that it may have no further access to such Customer Content and that SightCall may delete such Customer Content in accordance with its then-applicable retention practices, unless otherwise required by law or an executed DPA.

5. Privacy, Security and Service Data

5.1 Privacy and Security

SightCall will maintain commercially reasonable administrative, technical and organizational safeguards designed to protect Customer Content against unauthorized access, use, alteration or disclosure. SightCall’s collection and use of personal information is also subject to its applicable Privacy Policy and privacy notices.

5.2 Data Processing Addendum

SightCall maintains a standard DPA through its Trust Center. Where appropriate based on Customer’s use of the SightCall Services, requested by Customer, or required by applicable data protection laws, the parties may enter into the DPA. If Customer requires a fixed or executed version, SightCall may provide the then-current DPA for execution. Any executed DPA controls solely with respect to the processing of personal data governed by that DPA.

5.3 Subprocessors

SightCall may use Affiliates and third-party service providers, including cloud infrastructure and AI model providers, in connection with the SightCall Services. SightCall maintains information regarding applicable subprocessors through its Trust Center, which may require authenticated customer access, or makes such information available upon reasonable request.

5.4 Service Data

SightCall may collect and use technical, operational, diagnostic, security, usage, performance, telemetry and statistical data relating to operation and use of the SightCall Services (“Service Data”) to operate, secure, support, analyze and improve the SightCall Services, develop product features, perform capacity planning, detect abuse and create aggregated or de-identified analytics. Service Data excludes Customer Content in identifiable form.

5.5 Regulated Data

Customer will not submit protected health information, payment card data, biometric identifiers, government-classified information, export-controlled technical data or other regulated or highly sensitive data unless the applicable SightCall Service expressly permits such data and the parties have completed any required contractual or configuration requirements, including a Business Associate Agreement where applicable.

6. Ownership and Feedback

SightCall and its licensors retain all right, title and interest in the SightCall Services and related software, models, algorithms, workflows, system prompts, guardrails, retrieval methods, evaluation systems, Documentation, APIs, SDKs, know-how, methods, Professional Services deliverables (excluding Customer Content incorporated therein) and improvements (collectively, “SightCall Technology”). Except for the limited rights expressly granted, no rights in SightCall Technology are transferred to Customer.

Customer may provide suggestions, ideas, comments or feedback (“Feedback”). SightCall may use such Feedback without restriction or obligation, provided it does not use Customer Confidential Information or personal data except as otherwise permitted by these Terms or applicable law.

7. Support, Service Levels, Open Source and Professional Services

7.1 Support Services

SightCall shall provide Support Services, if purchased or included, in accordance with SightCall’s then-applicable Support Services policy or schedule and the applicable Order. SightCall does not provide direct end-user Support Services unless expressly agreed. The Support Services package selected by Customer and related fees may be set forth in the Order.

7.2 Service Level Obligations

SightCall will use commercially reasonable efforts to make the paid production SightCall Services available with minimal downtime, 24 hours a day, 7 days a week, in accordance with the Service Level Commitment, if any, expressly incorporated into the applicable Order. Beta, preview, evaluation and proof-of-concept services are excluded unless expressly stated otherwise.

7.3 Open Source

SightCall acknowledges that it uses certain open-source software libraries as part of the SightCall Services (“Open Source Software”). Open Source Software is subject to the applicable open-source license terms, and SightCall may make information regarding such libraries and licenses available through its website, Documentation or upon reasonable request.

7.4 Professional Services

SightCall shall provide agreed upon Professional Services that may be purchased in the applicable Order. The scope of Professional Services shall be as set forth in an SOW referencing these Terms and executed or otherwise accepted by the parties describing the work to be performed, fees and any applicable milestones, dependencies and other technical specifications or related information.

Unless Professional Services are provided on a fixed-fee basis, Customer shall pay SightCall at the per-hour or daily rates set forth in the applicable Order or SOW (or, if not specified, at SightCall’s then-standard rates) for any Professional Services. Customer will reimburse SightCall for reasonable travel and lodging expenses as incurred, as pre-approved in writing by Customer.

Customer may use anything delivered as part of the Professional Services in support of authorized use of the SightCall Services and subject to any terms set forth in the applicable Order and SOW, but SightCall shall retain all right, title and interest in and to any such work product, code or deliverables and any derivative, enhancement or modification thereof created by SightCall or its agents, excluding Customer Content and Customer’s pre-existing proprietary materials.

8. Fees, Payment, Taxes and Usage Verification

8.1 Fees and Paid Services

If Customer purchases paid SightCall Services, fees, Subscription Term, usage entitlements, billing frequency and other commercial terms will be stated in the applicable Order. Unless stated otherwise, subscription fees are invoiced annually in advance, are non-cancellable and non-refundable except as expressly provided, and are exclusive of applicable Taxes.

Certain services or AI features may be subject to usage limits or consumption-based charges, including users, sessions, storage, recordings, documents, tokens, compute or transactions. Customer is responsible for usage through its account and for applicable overage charges.

8.2 Payment Terms

Customer will pay each invoice within thirty (30) days following the invoice date, unless otherwise stated in the applicable Order or SOW. Overdue undisputed amounts will accrue interest at the lesser of 1.5% per month or the maximum lawful rate. Customer will cure a delinquency in payment of any undisputed amounts owed under these Terms within thirty (30) days from the date of SightCall’s delinquency notice. If Customer fails to timely cure such delinquency, SightCall may suspend Customer’s use of the SightCall Services or terminate the applicable Order or these Terms for breach, in addition to any other available rights and remedies.

Customer is responsible for all fees, expenses and other costs relating to or connected with making invoiced payments to SightCall under these Terms, including banking fees, ACH processing fees, currency conversions, or similar transactional costs and fees; none of which may be deducted or offset from SightCall’s invoiced total fee.

8.3 Taxes

SightCall Services fees do not include any taxes, levies, duties or similar governmental assessments of any nature, including value-added, sales, use or withholding taxes, assessable by any jurisdiction whatsoever (collectively, “Taxes”). Customer is responsible for paying all Taxes associated with Customer purchases under these Terms, except Taxes assessable against SightCall based on SightCall’s income, property and employees.

If SightCall has the legal obligation to pay or collect Taxes for which Customer is responsible under this Section 8.3, SightCall will invoice Customer and Customer will pay that amount unless Customer provides SightCall with a valid tax exemption certificate authorized by the appropriate taxing authority.

Should Customer be required under any applicable law or regulation to withhold or deduct any portion of the payments due to SightCall, Customer shall increase the sum payable to SightCall by the amount necessary to yield to SightCall an amount equal to the sum it would have received had no withholdings or deductions been made, except to the extent such gross-up is prohibited by applicable law.

8.4 No Set-Off

Customer will not set off or offset against SightCall’s invoices amounts that Customer claims are due to Customer by SightCall, or amounts resulting from any billing or collection disputes. Customer will bring any claims or causes of action it may have separately and waives any right, to the extent permitted by law, to offset, set off or withhold payment for SightCall Services delivered by SightCall.

8.5 Voice and Data Charges; Customer Connectivity

Customer is responsible for all fees and charges imposed by Customer’s telephone carriers, wireless providers, internet service providers and other voice or data transmission providers for connectivity used to access and use the SightCall Services. If Customer’s broadband connection, telephone service or power fails, the SightCall Services may cease to function due to reasons outside SightCall’s control, and SightCall shall not be liable for service failures caused by such Customer-side connectivity or power events.

8.6 Use Verification

SightCall may remotely review the scope of Customer’s use of the SightCall Services, and on SightCall’s written request, Customer will provide reasonable assistance to verify Customer’s compliance with these Terms and the applicable Order with respect to access to and use of the SightCall Services.

If SightCall determines that Customer has exceeded its permitted access, use or consumption entitlements, SightCall will notify Customer and Customer will, within thirty (30) days, either: (1) disable or cease the unpermitted or excess use; or (2) purchase additional use, access or consumption rights commensurate with Customer’s actual use, at SightCall’s then-effective rates and fees, subject to any contrary pricing terms in the applicable Order.

9. Confidentiality

9.1 Confidential Information

Each party may receive non-public information that is designated confidential or should reasonably be understood to be confidential (“Confidential Information”). Customer Content is Customer Confidential Information. SightCall Technology, security information, product roadmaps, pricing and non-public Documentation are SightCall Confidential Information. Confidential Information does not include information that is public through no breach, lawfully known without restriction, lawfully received from a third party without a duty of confidentiality, or independently developed without use of the other party’s Confidential Information.

9.2 Non-Disclosure and Protection

The receiving party will use Confidential Information only to perform or exercise rights relating to the SightCall Services, protect it using at least reasonable care, and disclose it only to persons who need to know and are bound by confidentiality obligations at least as protective as those in these Terms.

Each receiving party agrees to promptly notify the disclosing party upon learning of any unauthorized disclosure of the disclosing party’s Confidential Information, and shall provide reasonable assistance to the disclosing party to remedy and contain such breach.

9.3 Compelled Disclosure

A receiving party may disclose the other party’s Confidential Information if required by law or a valid order of a court of competent jurisdiction or authorized government agency, provided that the receiving party gives the disclosing party prompt written notice, if legally permitted, and allows the disclosing party a reasonable opportunity to seek a protective order or other appropriate remedy at the disclosing party’s cost and expense.

9.4 Equitable Remedies

The parties agree that a breach of the confidentiality obligations set forth in these Terms may cause immediate and irreparable damage to the disclosing party and may entitle the disclosing party, without the necessity of posting a bond to the extent permitted by law, to seek injunctive or equitable relief to prevent continued unauthorized use or disclosure of Confidential Information, in addition to other remedies available at law.

10. Warranties and Disclaimers

10.1 Limited SightCall Services Warranty

For paid production SightCall Services, SightCall warrants that the SightCall Services will operate in substantial conformity with the applicable Documentation under normal authorized use. Customer’s exclusive remedy for breach of this warranty is for SightCall to use commercially reasonable efforts to correct the nonconformity or, if SightCall cannot do so within a reasonable period, to terminate the affected paid service and refund prepaid unused fees for the affected portion.

10.2 Support and Professional Services Warranty

SightCall shall perform purchased Support Services and Professional Services in a competent, professional and workmanlike manner consistent with applicable industry practices. If Customer provides timely written notice of material non-conforming performance, SightCall will use commercially reasonable efforts to re-perform the affected services. If SightCall is unable to re-perform materially non-conforming Professional Services within a reasonable period, Customer’s exclusive remedy is termination of the affected SOW and a refund of prepaid fees allocable to the materially defective portion.

10.3 Disclaimers

EXCEPT AS EXPRESSLY PROVIDED, THE SIGHTCALL SERVICES, AI FEATURES, OUTPUT, BETA SERVICES AND EVALUATION SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIGHTCALL DISCLAIMS IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. SIGHTCALL DOES NOT WARRANT THAT USE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT CUSTOMER CONTENT WILL BE PRESERVED WITHOUT LOSS, THAT AI-GENERATED OUTPUT WILL BE ACCURATE, COMPLETE, UNIQUE, ERROR-FREE, NON-INFRINGING OR SUITABLE FOR CUSTOMER’S PURPOSES, OR THAT USE OF THE SIGHTCALL SERVICES WILL SATISFY CUSTOMER’S LEGAL OR REGULATORY OBLIGATIONS.

10.4 Customer Warranty

Customer represents and warrants that it has the right and authority to enter into these Terms, perform its obligations, exercise its rights and grant the licenses granted by Customer under these Terms, and that it has obtained all rights, licenses, permissions and consents necessary for SightCall to process Customer Content and provide the SightCall Services.

11. Indemnification

11.1 No SightCall IP Indemnity under Online Terms

Unless a separate written agreement states otherwise, SightCall does not provide an intellectual-property indemnity under these online Terms. Any IP indemnification or additional protection for paid enterprise services, including any protection relating to AI Output, must be expressly stated in a signed agreement or applicable Order.

11.2 Indemnification by Customer

Customer will defend, indemnify and hold harmless SightCall and its Affiliates from third-party claims, damages, losses, liabilities, costs and reasonable attorneys’ fees arising from Customer Content, Customer’s unlawful or unauthorized use of the SightCall Services, Customer’s failure to obtain required recording or data-processing rights or consents, Customer’s breach of Section 3 or Section 4.5, or Customer’s use or distribution of Output in violation of these Terms or applicable law, to the extent permitted by applicable law.

This indemnification obligation is subject to SightCall providing prompt written notice of the applicable claim, giving Customer the right to control and direct the defense or settlement of the claim, and providing reasonable cooperation at Customer’s expense; provided that Customer may not settle any claim in a manner that admits fault by, imposes non-monetary obligations on, or otherwise materially prejudices SightCall without SightCall’s prior written consent.

12. Limitation of Liability

12.1 Consequential Damages Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, GOODWILL OR BUSINESS OPPORTUNITY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12.2 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SIGHTCALL’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SIGHTCALL SERVICES WILL NOT EXCEED THE AMOUNTS PAID OR PAYABLE BY CUSTOMER FOR THE AFFECTED SIGHTCALL SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. FOR FREE, TRIAL OR EVALUATION SERVICES, SIGHTCALL’S AGGREGATE LIABILITY WILL NOT EXCEED ONE HUNDRED U.S. DOLLARS (US$100) OR THE EQUIVALENT IN LOCAL CURRENCY. THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE LIMITED OR EXCLUDED.

12.3 Nature of Claims

The exclusions and limitations in this Section 12 apply regardless of the form of action, whether in contract, tort (including negligence), strict liability or otherwise, and will survive and apply even if any limited remedy specified in these Terms is found to have failed of its essential purpose, to the maximum extent permitted by applicable law.

13. Term, Renewal, Suspension and Termination

13.1 Term and Automatic Renewal

The Term for paid SightCall Services begins on the Effective Date or the start date stated in the applicable Order and continues for the Subscription Term stated in that Order. Unless otherwise stated in the applicable Order, the applicable paid subscription and these Terms will automatically renew for additional, consecutive one (1) year periods (each a “Renewal Term”), unless either party provides not less than thirty (30) days’ written notice of non-renewal prior to the end of the applicable Subscription Term or Renewal Term.

13.2 Suspension

SightCall may suspend access to the extent reasonably necessary to prevent or address a security incident, unlawful use, material violation of the Acceptable Use Policy, material risk of harm, use materially exceeding purchased entitlements, or overdue undisputed fees after applicable notice where practicable. SightCall will use reasonable efforts to limit suspension to the affected portion and restore service after the issue is resolved.

13.3 Termination for Cause

Either party may terminate these Terms and the affected Order(s) if the other party (a) fails to cure any material breach, including a failure to pay undisputed fees, within thirty (30) days after written notice; (b) ceases operations without a successor; or (c) seeks protection under bankruptcy, receivership, creditors’ arrangement or comparable insolvency proceeding, or if any such proceeding is instituted against that party and is not dismissed within sixty (60) days thereafter. A party may terminate immediately for a material breach that is incapable of cure where permitted by applicable law.

13.4 Effect of Expiration or Termination

Customer may stop using free or evaluation Services at any time. Paid subscriptions remain subject to the applicable Order and this Section 13. Upon expiration or termination, Customer will stop using the affected SightCall Services and pay all accrued amounts. Customer will delete or return, upon reasonable request, SightCall Confidential Information and Documentation in its possession, subject to ordinary archival and legal retention practices. Customer Content retrieval is governed by Section 4.6.

13.5 Survival

Provisions that by their nature should survive expiration or termination will survive, including confidentiality, ownership, disclaimers, indemnification, limitation of liability, accrued payment obligations and general terms.

14. Global Compliance

14.1 Compliance with Laws

Each party will comply with laws applicable to its performance under these Terms. Customer is responsible for determining whether and how its use of the SightCall Services is lawful for its use case and jurisdiction, including requirements relating to recordings, privacy, AI deployment, human oversight, export controls, sanctions and regulated data.

14.2 Export Compliance

In its use of the SightCall Services, Customer agrees to comply with applicable export, re-export, import and sanctions laws and regulations. Customer will not permit access to or use of the SightCall Services in violation of applicable embargoes, prohibitions or restrictions, and will not submit export-controlled technical data to the SightCall Services unless the applicable SightCall Service expressly permits such data and all required contractual and configuration requirements have been completed.

14.3 Anti-Corruption

Customer shall comply with applicable anti-corruption and anti-bribery laws and regulations, including, where applicable, the United States Foreign Corrupt Practices Act and the UK Bribery Act. Customer shall not, in connection with activities involving SightCall, directly or indirectly offer, promise, authorize or provide anything of value for the purpose of improperly obtaining or retaining business or securing an improper advantage.

14.4 Government End Users

Elements of the SightCall Services are commercial computer software developed at private expense. Where the user or licensee is an agency, department or other entity of the United States Government, use, duplication, reproduction, release, modification, disclosure or transfer of the SightCall Services and related Documentation is subject to the applicable commercial computer software restrictions under Federal Acquisition Regulation 12.212 and Defense Federal Acquisition Regulation Supplement 227.7202, as applicable.

14.5 Safety-Critical and Emergency Uses

Unless expressly agreed in writing, the SightCall Services are not designed for autonomous operation of safety-critical systems, emergency response, weapons, medical procedures, aircraft or traffic control, nuclear facilities, or other uses where failure could reasonably be expected to result in death, serious bodily injury or catastrophic property damage. The SightCall Services are not a replacement for emergency calling services and should not be relied on to place calls to emergency service numbers.

15. Contracting Entity, Governing Law and Disputes

The SightCall entity providing the Services or identified in Customer’s Order, invoice, account documentation or other contracting materials is the contracting entity under these Terms (the “SightCall Contracting Entity”). The governing law and courts applicable to a paid subscription may be identified in the applicable Order or contracting documentation. If no governing law or forum is otherwise identified, these Terms are governed by the laws applicable at the principal place of business of the SightCall Contracting Entity, without regard to conflict-of-law principles, and disputes will be subject to the courts having jurisdiction over that principal place of business. Mandatory laws and jurisdictional rights that cannot lawfully be waived remain unaffected.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16. General Terms

16.1 Separate Agreements and Order of Precedence

If Customer and SightCall have entered into a signed master services agreement, Order, DPA or other written agreement covering the same SightCall Services, that agreement will govern to the extent of any conflict with these Terms. An executed DPA controls solely with respect to the processing of personal data governed by that DPA. Customer purchase orders are for administrative convenience only and do not modify these Terms unless expressly accepted in writing by SightCall.

16.2 Assignment

Neither party may assign these Terms without the other party’s prior written consent, except that either party may assign them, in whole or in relevant part, to an Affiliate or in connection with a merger, reorganization, acquisition or sale of all or substantially all of the business or assets to which these Terms relate. Any attempted assignment in violation of this Section is void to the extent permitted by law.

16.3 Force Majeure

Neither party is liable for delay or failure caused by events beyond its reasonable control, excluding payment obligations. Such events may include natural disasters, war, terrorism, labor disputes, governmental action, widespread internet, telecommunications or cloud infrastructure failures, or failures of critical third-party technology outside the affected party’s reasonable control, provided the affected party uses commercially reasonable efforts to mitigate the impact.

16.4 Notices

All notices under these Terms must be in writing and delivered by hand, email with confirmation of receipt, certified or registered mail, or nationally recognized overnight delivery service. Notices to Customer may be sent to the administrative, billing or legal contact identified in Customer’s Order or account. Notices to SightCall must be sent to the legal contact or address identified by the SightCall Contracting Entity in the applicable Order, invoice, Trust Center or other contracting documentation. Notices are effective upon confirmed receipt, except where applicable law requires another method or effective date.

16.5 No Agency

Nothing in these Terms creates any agency, partnership, joint venture or employment relationship between the parties. SightCall is an independent contractor in providing the SightCall Services and Professional Services.

16.6 Publicity

Unless Customer notifies SightCall in writing that it objects, Customer permits SightCall during the Term to identify Customer by name and logo as a SightCall customer on SightCall’s website and in customer lists and sales materials, in accordance with Customer’s applicable brand guidelines. Any press release, case study or testimonial requires Customer’s prior approval. This permission ends upon termination, subject to reasonable time to remove materials already in circulation.

16.7 Foreign Language Translation

For Customer’s convenience, SightCall may provide a non-English translation of these Terms. Any non-English language version is for reference purposes. To the extent permitted by applicable law, the English language version of these Terms will govern in the event of a conflict or inconsistency.

16.8 Changes to These Terms

SightCall may update these Terms from time to time. Material changes will be posted with an updated effective date and, where reasonably required, communicated through the SightCall Services or other appropriate means. Changes will apply prospectively. SightCall will not materially reduce Customer’s contracted rights under an existing paid subscription during its then-current Term solely through an update to these online Terms, except where required by law, security or third-party technology changes.

16.9 Severability; Waiver; Entire Agreement

If any provision is unenforceable, it will be modified to the minimum extent necessary and the remainder will remain effective. Failure to enforce a provision is not a waiver. These Terms, together with incorporated policies and applicable Orders, SOWs and executed DPAs, constitute the agreement governing the SightCall Services where no separate signed agreement applies and supersede prior or contemporaneous understandings relating to the same subject matter.

Effective Date: September 2, 2026