Terms and Conditions

This Agreement is effective as of the date Customer subscribes, signs, or otherwise accepts these Terms
(the “Effective Date”). These Terms of Service & Acceptable Use Policy (“Agreement”) govern your use of the
communication services provided by Etrium Technologies, including Etrium Connect, Etrium SMS, and
Etrium AI (“Etrium,” “we,” “us,” or “our”).

By subscribing to, signing, clicking to accept, or otherwise using any
Etrium service, you (“Customer” or “you”) agree to be bound by this Agreement and represent that you are
authorized to bind the entity on whose behalf you are acting.

Please read this Agreement carefully. If you do not agree to these terms, do not use Etrium services.
Sections 5 (911 / Emergency Services), 11 (Limitation of Liability), 12 (Disclaimer of Warranties), and 15
(Governing Law & Dispute Resolution) contain important provisions affecting your legal rights, including a
binding arbitration clause and waiver of jury trial.

1. Services Offered

Etrium Technologies offers a suite of communication and automation tools including voice, messaging, and
AI-driven services. All services are subject to availability and may be modified with notice to the Customer.
Service/Plan Fee Structure Included Services

Additional add-ons, extensions, phone numbers, and hardware are available at published rates.

2. Billing & Payment

2.1 Monthly Subscription

Subscription fees are billed monthly in advance. Your billing cycle begins on the date your service is
activated. Fees are non-refundable except as expressly stated in this Agreement.

2.2 Setup Fees

A one-time setup fee applies to certain plans based on configuration complexity. Setup fees are non-
refundable once service configuration has commenced.

2.3 Add-On Charges

Optional add-ons are billed monthly in addition to your base plan fee. Add-ons may be added or removed at
any time; changes take effect on the next billing cycle.

2.4 Hardware

Hardware purchases are billed separately and are non-refundable after the device has been provisioned or
shipped. Leased hardware is billed monthly for the duration of the lease term.

2.5 Late Payment

Invoices not paid within 10 days of the due date may result in service suspension. Service will be restored
upon receipt of all outstanding balances. Etrium reserves the right to charge a reconnection fee of $25 for
suspended accounts. Past-due balances may also accrue interest at 1.5% per month, or the maximum rate
allowed by law, whichever is lower.

2.6 Price Changes

Etrium may modify pricing with 30 days written notice via email. Continued use of the service after the
effective date of a price change constitutes acceptance of the new pricing.

2.7 Automatic Renewal

Etrium subscriptions automatically renew on a month-to-month basis at the then-current rate until cancelled
by Customer in writing. By subscribing, you authorize Etrium to charge your payment method on file each
billing cycle without further authorization. You may cancel auto-renewal at any time by emailing
Info@etriumtechnologies.com; cancellation takes effect at the end of the then-current billing cycle.

3. Free Trial

New customers won't be charged for the first 30-days of the free trial of selected service plans. If you do not cancel before
the end of the 30-day trial period, your payment method will be automatically charged. To cancel before being
charged, email Info@etriumtechnologies.com at least 24 hours before the end of your trial.

4. Acceptable Use Policy (AUP)

Services may only be used for lawful business communication purposes. You agree not to use the service
for: Illegal robocalling; harassment; fraudulent activity; transmission of malware; reselling services without
authorization; or generating artificial traffic.

4.1 Customer Indemnification for AUP Violations

Customer agrees to indemnify, defend, and hold harmless Etrium Technologies from claims arising out of
Customer’s violation of the TCPA, CAN-SPAM Act, or this AUP.

4.2 STIR/SHAKEN and Call Authentication

Etrium participates in the STIR/SHAKEN framework. Customer agrees to use only legitimate, authorized
caller ID numbers.

4.3 Messaging & SMS Disclosures

By using Etrium SMS or providing your mobile number, you provide express consent to receive
communications from Etrium Technologies Services regarding Etrium Connect, Etrium SMS, and Etrium
AI.
Message Frequency: Messages may be sent periodically regarding account status, service
updates, and features.
Rates: Message and data rates may apply.
Opt-Out: You may opt-out of receiving SMS at any time by texting STOP to any message you receive.
You will receive one final message confirming your opt-out.
Support: For help, text HELP to the service number or contact us at support@etriumtechnologies.com.

5. 911 / Emergency Services

IMPORTANT NOTICE REGARDING 911 SERVICE

 

5.1 E911 Availability:

Scale plan includes E911. Launch plan requires an optional add-on.

5.2 Acknowledgment:

BY ACCEPTING THIS AGREEMENT, CUSTOMER ACKNOWLEDGES THE
LIMITATIONS OF VoIP 911 SERVICE.

6. Number Porting & Phone Numbers

Numbers are provided by carrier partners. Number porting is subject to carrier approval. Etrium will
cooperate with port-out requests if the account is in good standing.

7. Service Availability & SLA

Etrium targets 99.9% monthly uptime for core calling services. Service credits are the sole remedy for
outages exceeding 4 hours, requested via support@etriumtechnologies.com within 30 days.

8. Data & Privacy

8.1 CPNI

Etrium protects Customer Proprietary Network Information (CPNI) according to FCC rules.

8.2 Call Recordings

Recordings are retained for 30 days. Customers are responsible for legal compliance and consent in their
jurisdiction.

8.3 Etrium AI Data Processing

If utilizing Etrium AI, communication data may be processed to provide automation and analytics. Etrium does
not use Customer data to train public third-party models without consent.

9. Hardware Terms

Purchased hardware is sold as-is with manufacturer warranty. Leased hardware remains Etrium property and
must be returned within 14 days of termination or the full retail price will be charged.  Customers keep equipment after 12 month term of lease.

10. Termination & Cancellation

Either party may terminate with 30 days written notice. Etrium may suspend or terminate immediately for AUP
violations, non-payment, or illegal activity. Upon termination, data is deleted after 30 days.

11. Limitation of Liability

ETRIUM’S TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY CUSTOMER IN THE THREE (3)
MONTHS PRECEDING THE CLAIM. ETRIUM SHALL NOT BE LIABLE FOR INDIRECT OR
CONSEQUENTIAL DAMAGES.

12. Disclaimer of Warranties

SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.  MANUFACTURERS WARRANTIES DO APPLY AND ARE HONORED DURING SERVICE REQUESTS.

13. Force Majeure

Neither party is liable for delays caused by events beyond their reasonable control (natural disasters, war,
pandemic, etc.).

14. Changes to This Agreement

Etrium may modify this Agreement with 30 days notice via email. Continued use constitutes acceptance.

15. Governing Law & Dispute Resolution

Governed by the laws of New Jersey. BINDING ARBITRATION: Disputes will be resolved via AAA arbitration
in Essex County, NJ. JURY TRIAL & CLASS ACTION WAIVER: Both parties waive rights to jury trials and
class action proceedings.

16. Notices

Notices to Etrium must be sent to support@etriumtechnologies.com. Notices to Customer will be sent to the
email address on file.