Terms of Service

Welcome to LiveContact. The LiveContact platform is operated by LiveContact, LLC, a Delaware limited liability company ("LiveContact," "we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of LiveContact's website(s), web applications, mobile applications, APIs, and related services (collectively, the "Platform" or "Services").

LiveContact provides a unique SaaS-based, permission-first platform that allows businesses (our "Customers") to connect with individuals and businesses, manage communications (e.g., email and messaging) and seamlessly maintain relationships. Our Platform allows our customers to: create digital contact cards and profile pages; distribute contact information using QR codes, links, and embedded tools; collect contact information from individuals who interact with a Customer's card, page, or tools ("Recipients"); send messages, including SMS and other messaging channels, to Recipients; and manage Recipient engagement and contact records.

LiveContact is a technology platform: messages sent by Customers through the Platform are sent by the applicable Customer, not LiveContact. Section V.E below explains this in more detail.

AI-Assisted Features: The Platform includes tools that use artificial intelligence ("AI Tools") to help generate contact cards, profile pages, and related content. Section VI below explains what our AI Tools do, how they work, and what you agree to by using them.

You can contact us at:

LiveContact, LLCStreet AddressCity, State ZIPPhone Number | contact@livecontact.com

A. PLEASE READ THE INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN SECTION XIV BELOW. TO THE FULLEST EXTENT PERMITTED BY LAW, THESE TERMS CONTAIN A MANDATORY INDIVIDUAL ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER (EXCEPT FOR CERTAIN MASS ARBITRATION PROCEEDINGS). BY AGREEING TO THESE TERMS, YOU EXPRESSLY ACKNOWLEDGE THAT YOU AGREE TO BE BOUND BY SECTION XIV.

B. Our Services are intended for use by businesses and their authorized representatives. You must be at least 18 years old and authorized to act on behalf of your organization to accept these Terms.

C. These Terms work together with two other documents: our Privacy Policy and our Mobile Messaging Terms and Conditions (page not yet built). Your acceptance of these Terms constitutes acceptance of the Privacy Policy. Your acceptance of these Terms does not, by itself, constitute acceptance of the Mobile Messaging Terms. If you intend to use the Platform to send SMS, MMS, or other messages to Recipients, you must separately review and accept the Mobile Messaging Terms before using those features. The Mobile Messaging Terms likewise state that they supplement, and should be read together with, these Terms.

These Terms explain the rules that apply to your use of the Platform. To use the Platform, you must comply with these Terms at all times, and, if you use messaging features, the Mobile Messaging Terms. Please review both documents, along with our Privacy Policy. If you have questions, contact us using the information above.

These Terms are a binding contract. By accessing or using the Platform, registering for an account, or clicking "I Agree" (or a similar mechanism), you accept these Terms and agree to be legally bound by them. If you are accepting these Terms on behalf of a company or other organization, you represent that you have authority to bind that organization, and "you" and "Customer" refer to that organization.

IF YOU DO NOT AGREE TO THESE TERMS, OR TO ANY FUTURE CHANGES WE MAKE TO THESE TERMS, DO NOT ACCESS OR USE THE PLATFORM.

These Terms apply to and govern: (1) the LiveContact.com website and all associated pages, (2) all LiveContact web and mobile applications, and (3) all features of our Platform, including our AI Tools (collectively, the "Sites"). Our Privacy Policy explains how we handle data collected through the Sites. Use of the Sites may also be subject to additional terms posted on the Sites, such as order forms, statements of work, or feature-specific notices.

We may update these Terms from time to time. We will post changes on the Sites, and material changes will be effective no earlier than thirty (30) days after posting, unless a shorter period is required by law or the change is needed to address a security issue. Continued use of the Sites after changes take effect means you accept the updated Terms. If you do not accept the changes, you must stop using the Sites.

Rules of Conduct

Generally, you agree that you will: (1) not use the Platform for any purpose prohibited by these Terms; (2) use the Platform in a manner that complies with all applicable laws; and (3) use the Platform only as it is designed and intended to be used. More specifically, you agree that you will not:

• Use the Platform to transmit, upload, or collect content that is unlawful, defamatory, harassing, abusive, fraudulent, infringing, obscene, or otherwise objectionable;
• Use the Platform to send unlawful, deceptive, or unauthorized SMS, MMS, email, or other messages to any person, including messages sent without the required consent, opt-in, or legal basis;
• Use the Platform to upload sensitive categories of personal information (except to the extent that contact information may itself in certain contexts or under certain laws constitute sensitive personal information), including without limitation health info, social security numbers, etc., into contact records;
• Distribute viruses, malware, or other harmful code through the Platform;
• Impersonate another person, business, or entity, or misrepresent your affiliation with any person or entity;
• Use a third party's intellectual property or proprietary information on the Platform without permission;
• Use the Platform to violate the privacy, publicity, or other legal rights of Recipients or any other person;
• Attempt to gain unauthorized access to the Platform, other accounts, or data not belonging to you;
• Reverse engineer, decompile, or attempt to derive the source code of the Platform, except where applicable law specifically permits it;
• Scrape, harvest, or collect Recipient data for any purpose outside the scope of your use of the Platform, or share, sell, or transfer Recipient data in violation of applicable law or your representations to Recipients;
• Use the Platform to collect information from, or send messages to, individuals under the age of 13 (or the applicable age of consent) without complying with applicable law;
• Remove or alter any LiveContact logos, trademarks, or proprietary notices; or
• Rent, resell, sublicense, or otherwise monetize access to the Platform without our express written consent.

Eligibility; Business Customers Only

The Platform is designed for business use. You represent that you are using the Platform on behalf of a business, are at least 18 years old, and are an authorized representative of the Customer with authority to bind that Customer to these Terms. You may not use the Platform if you are barred from doing so under the laws of the United States or any other applicable jurisdiction.

Third-Party Products and Service Partners

The Platform may link to or integrate with third-party websites, services, or tools (e.g., payment processors, telecommunications carriers, and our AI Tools provider, collectively "Service Partners"). Your access to and use of any Service Partner is at your own risk, and we are not responsible for the content, accuracy, or practices of any Service Partner. If you use a Service Partner directly, you are responsible for complying with that Service Partner's own terms, and you will indemnify us for any breach of those terms by you.

Notices; Contact Information

Notices to us should be sent to the contact information above. If we need to contact you, we will use the email address or account contact information on file for your account; such notice is deemed given twenty-four (24) hours after it is sent. By providing us with contact information, you consent to receive electronic communications from us relating to your account, service updates, billing, and legally required disclosures ("Service Notices"). You may withdraw consent to non-essential Service Notices by contacting us, but you cannot opt out of legally required or account-critical notices without discontinuing use of the Platform.

Messaging Architecture; Compliance with Messaging and Communications Laws

The Platform lets you organize Contact Records and build and send email and/or SMS/MMS campaigns to Recipients you select. It is important that you understand how these communications are actually sent, and who is responsible for them:

• LiveContact does not send campaign messages in its own name. Messages you send through the Platform are sent by, and identified to the recipient as coming from, you (the Customer) — not LiveContact. From a Recipient's perspective, the communication is from you.
• LiveContact transmits your campaigns to one or more third-party communications service providers (each, a "Communications Service Provider") that we engage to deliver messages and to provide certain related compliance functionality, including processing opt-out and suppression requests (such as SMS "STOP" replies and email unsubscribe requests), sender/carrier registration support, and deliverability services. LiveContact integrates with, and relies on, this Communications Service Provider functionality, in addition to our own Messaging Policy described below.

Because you are identified as the sender, you (the Customer) are solely responsible for complying with all applicable laws, regulations, and industry standards relating to messages you send through the Platform, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA Messaging Principles and Best Practices, applicable state mini-TCPA and privacy laws, and the rules of the telecommunications carriers and Communications Service Providers used to deliver messages. This includes the recipient list, message content, and campaign purpose for every campaign you send.

More specifically, you agree that: The mere uploading of Contact Records does not imply or indicate that such Contact Records are authorized for any given messaging use. In other words, you uploading or creating a Contact Record for a person on the Platform does not, by itself, make that person eligible to receive email or SMS/MMS messages from you. Messaging permission (i.e., the consent or other legal basis required to message a specific person, for a specific channel and purpose) must be established – in accordance with all applicable law - and tracked separately from the underlying contact information, and you must confirm that permission exists before including a person in a campaign.

Certification of Contact Records

When you upload or create a list of recipients for a campaign, you must certify that you have obtained all consents and permissions required by applicable law for that channel and that campaign purpose, and that you maintain supporting records of that consent. We may require you to re-certify, or to provide supporting evidence of consent, at any time, and we may require certification on a per-upload or per-campaign basis as our processes evolve. Such certification includes all applicable laws and regulations, including without limitation Do Not Call registry laws and regulations, and all laws and regulations applicable to mobile messaging and email communications.

Campaign Classification

You must accurately classify each campaign as promotional/marketing or transactional/informational where that distinction affects applicable consent or messaging requirements, and you must not send content that is inconsistent with a campaign's classification or with the scope of a recipient's consent.

Sender Identity and Carrier Registration

You are the "sender" of all messages sent through the Platform. The Platform facilitates the submission of your sender identity and any required registration information (such as 10DLC brand and campaign registration) to our Communications Service Providers, and you must provide accurate information for that purpose and keep it current.

Opt-Outs and Suppression

Opt-out and suppression requests (for example, an SMS "STOP" reply or an email unsubscribe) are processed by our Communications Service Providers and reflected in the Platform's suppression records. Once a person has opted out, you may not message that person again through the applicable channel, and you may not attempt to bypass suppression by re-uploading, re-creating, or duplicating a Contact Record for that person.

Our Messaging Policy; Service Provider Controls

LiveContact maintains an internal Messaging Policy that prohibits unlawful or unsolicited messaging, use of purchased or improperly sourced contact lists, circumvention of opt-outs, misleading sender identification, and other prohibited messaging practices. Our Communications Service Providers separately maintain their own compliance policies applicable to the services they provide.

Records

LiveContact retains records sufficient to reconstruct a campaign, including the sender, audience/list, channel, campaign classification, message content or template, time sent, the applicable certification, delivery information, and resulting opt-outs, for the period described in our Privacy Policy.

Our Enforcement Rights

We may block, suspend, or terminate a campaign, account, or messaging feature; investigate complaints; request evidence of consent or certification from you; and respond to inquiries from a Communications Service Provider or telecommunications carrier regarding your campaigns, at any time, with or without notice, and without liability to you.

These obligations, and additional messaging-specific terms, are set out in more detail in our Mobile Messaging Terms, which you must separately accept before using SMS/MMS or email campaign features. LiveContact does not independently monitor, supervise, or determine the legality of messages sent by Customers using the Platform. Section XI.B below explains your indemnification obligations relating to messaging.

The Platform includes an AI-assisted feature that helps you create digital contact cards, profile pages, and related content ("AI Tools"). This section explains, in plain terms, what the AI Tools do and what you're agreeing to by using them.

How Our AI Tools Work

When you choose to use an AI-assisted feature, the Platform may send certain information to a third-party AI model to generate suggested content for you. Specifically:

• We may send publicly available content from a website you identify to us (for example, your business website) to the AI model, so it can learn basic facts about your business, such as your services, contact information, and branding;
• We may also send information you directly type or upload into the Platform (for example, your name, title, phone number, or a description of your business) to the AI model; and
• The AI model uses this information to generate a suggested contact card, profile page, message template, or similar content ("AI Output") for your review.

We currently use a single, specific third-party AI model to provide this feature: Model Name / Provider. We do not train, fine-tune, or otherwise modify this AI model ourselves, and we do not use your website content, your account information, or your AI Outputs to train any AI model. We require our AI model provider not to use the information we send it to train its own models.

You Agree to Review AI Output Before It Is Used

AI Output is a starting point, not a finished product. Before any AI-generated contact card, profile page, or message content is published, sent to a Recipient, or otherwise used, you must review it and either approve, edit, or discard it. You are solely responsible for the accuracy, completeness, and appropriateness of any AI Output you choose to use.

No Warranty; AI Output Disclaimer

TO THE FULLEST EXTENT PERMITTED BY LAW, AI OUTPUT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND. AI OUTPUT MAY CONTAIN ERRORS, INACCURACIES, OR OUTDATED INFORMATION, AND DOES NOT CONSTITUTE PROFESSIONAL, LEGAL, OR MARKETING ADVICE. YOU SHOULD NOT PUBLISH OR SEND AI OUTPUT WITHOUT INDEPENDENTLY CONFIRMING THAT IT IS ACCURATE AND APPROPRIATE FOR YOUR USE.

Your Consent to AI Processing

By using an AI-assisted feature, you acknowledge and agree that: (i) the website content and information you submit ("AI Inputs") will be transmitted to and processed by our third-party AI model provider; (ii) this processing may take place in the United States or other countries; (iii) this processing is necessary to provide the AI-assisted features you have requested; and (iv) you consent to this use, processing, and any related cross-border transfer, as further described in our Privacy Policy.

Intellectual Property in AI Output

As between you and us, and subject to the rights of our AI model provider, we assign to you the rights we hold in AI Output generated specifically from your AI Inputs, for your use consistent with these Terms. Because AI Output is generated by an AI model, similar or identical output may be generated for other Customers from similar inputs, and we do not represent that any AI Output is unique to you. You are responsible for independently confirming that your use of AI Output does not infringe any third party's rights (for example, by including a third party's logo or copyrighted material that appeared on your website).

Opting Out; Changes to AI Tools

Use of AI Tools is optional: you may create contact cards and profile pages manually without using AI-assisted generation. We may add, remove, or change the AI Tools or AI model provider used to provide the Services at any time, and will update this Section if the model we use changes.

Transparency

We identify AI-generated content within the Platform where required by applicable law.

Right to Suspend or Remove Content or Accounts

We reserve the right to suspend or remove content, or to suspend or terminate an account, at any time, with or without notice, if we believe in good faith that doing so is necessary to comply with law, respond to a claim from a third party, address a security concern, or address a suspected violation of these Terms. Section VIII.B describes the notice process that generally applies to termination.

Customer Content and AI-Generated Content

"Content" means any information, text, images, contact data, or other material that you upload to, or that is generated through, the Platform, including AI Output. By using the Platform, you agree that:

• Ownership: You will only upload Content that you own or have the right to use;
• Accuracy: You are solely responsible for verifying the accuracy and appropriateness of Content, including AI Output, before publishing it or sending it to Recipients;
• Lawful Use: You will not use the Platform or Content for any unlawful purpose;
• Reporting: You will notify us promptly if you become aware of inaccurate, offensive, or inappropriate Content on the Platform; and
• No Endorsement: Content generated by the Platform does not reflect LiveContact's views and is not an endorsement of any product, service, or idea.

Intellectual Property Infringement Claims

If you believe content on the Platform infringes your copyright or other intellectual property rights, please send a written notice to the contact information at the beginning of these Terms that includes: (1) identification of the copyrighted or proprietary work claimed to be infringed; (2) identification of the allegedly infringing material and its location on the Platform; (3) your contact information; (4) a statement that you have a good faith belief the use is not authorized; and (5) a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on behalf of the rights owner. We will take whatever action we deem appropriate in our discretion, which may include removing content or suspending an account.

Registration Information

You agree that registration information you provide will be true, accurate, current, and complete, and you accept responsibility for all activity that occurs under your account. You are responsible for maintaining the confidentiality of your account credentials and for restricting access to your devices. We may take reasonable steps to verify the accuracy of information you provide.

Termination of Accounts

We may suspend or terminate your account, with or without notice, in accordance with the following principles:

1. We will comply with applicable law governing termination of accounts.
2. If we believe, in our reasonable discretion, that suspension or termination is necessary in the best interests of the Platform or the public, we will generally provide at least three (3) business days' prior notice, during which you may export your Content and Customer data.
3. If we receive a credible legal or law enforcement request, or reasonably believe you have breached these Terms, we may suspend or terminate your account immediately, without prior notice.

Upon termination, we have no obligation to retain or provide access to your account data, though we will retain data as required by our Privacy Policy and applicable law. Fees paid before termination are non-refundable except as required by law or as expressly stated in an order form. All Terms provisions that by their nature should survive termination will survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

You may terminate your account at any time by following the cancellation instructions on the Platform or by contacting us.

"Confidential Information" means non-public business, technical, or financial information disclosed by one party to the other in connection with these Terms, including product plans, pricing, and proprietary technology, but excluding Recipient Data (which is addressed in Section X.C).

Obligations

Each party agrees to: (i) protect the other party's Confidential Information using at least the same degree of care it uses to protect its own confidential information, and no less than a reasonable degree of care; (ii) use the other party's Confidential Information only as necessary to perform under these Terms; and (iii) not disclose the other party's Confidential Information to third parties except as permitted below.

Exceptions

These obligations do not apply to information that: (i) is or becomes publicly available through no fault of the receiving party; (ii) was already known to the receiving party before disclosure; (iii) is rightfully received from a third party without restriction; or (iv) is independently developed without use of the disclosing party's Confidential Information.

Compelled Disclosure

A party may disclose Confidential Information to the extent required by law or court order, provided it gives the other party reasonable advance notice where legally permitted.

We Retain Ownership of the Platform

The Platform, including its software, design, and all LiveContact-created content (excluding Customer Content), is owned by LiveContact or our licensors and is protected by intellectual property laws. Except for the limited license granted below, we retain all rights in the Platform ("LiveContact Property").

Limited License to Use the Platform

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Platform for your internal business purposes.

Customer Content and Recipient Data

As between you and LiveContact, you retain ownership of your Customer Content and the contact information and other personal data you collect from Recipients through the Platform ("Recipient Data"). You grant us a license to host, process, transmit, and display Customer Content and Recipient Data solely as necessary to provide the Services to you.

As between you and LiveContact, you are the party responsible for determining why and how Recipient Data is collected and used (i.e., you act as the controller of Recipient Data), and LiveContact processes Recipient Data on your behalf and according to your instructions, solely to provide the Services (i.e., LiveContact acts as a service provider / processor). You are responsible for providing any notices to, and obtaining any consents from, Recipients that are required by applicable law for the collection and use of their information through the Platform. Additional data processing terms may be set out in a separate Data Processing Addendum available upon request.

Feedback

If you provide suggestions or feedback about the Platform, you grant us a royalty-free, perpetual, irrevocable license to use that feedback for any purpose, including improving the Platform.

De-Identified Information

We may create aggregated or de-identified information from data we lawfully collect and use it for analytics, product development, and reporting purposes, provided it does not identify you, your Customer, or any Recipient.

Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, ALL OF WHICH ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY LIMITATIONS, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification by You

You agree to defend, indemnify, and hold harmless LiveContact, our affiliates, and each of our officers, directors, employees, and agents ("LiveContact Parties") from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or related to:

• your breach of these Terms or the Mobile Messaging Terms;
• your Content, including AI Output you choose to publish or send;
• your collection, use, or disclosure of Recipient Data; and
• your use of the Platform's messaging features, including any SMS, MMS, email, or other communications sent by you (as the identified sender) using the Platform and our Communications Service Providers, and any claim that such messages violate the TCPA, CAN-SPAM Act, CTIA guidelines, any state or international messaging or privacy law, Do Not Call registry laws/regulations, or the rules of any carrier, Communications Service Provider, or messaging aggregator, including any claim arising from inaccurate certifications you provide or your failure to maintain the required consent records.

This indemnification obligation is in addition to, and does not limit, the indemnification obligations set out in our Mobile Messaging Terms.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL LIVECONTACT OR THE LIVECONTACT PARTIES BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE, OR ANY OTHER LEGAL THEORY FOR: (I) ANY LOST PROFITS, LOST DATA, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES; OR (II) ANY DIRECT DAMAGES IN EXCESS OF, IN THE AGGREGATE, THE FEES YOU PAID TO LIVECONTACT FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY. THESE LIMITATIONS APPLY REGARDLESS OF WHETHER LIVECONTACT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. THESE LIMITATIONS DO NOT APPLY TO YOUR INDEMNIFICATION OBLIGATIONS UNDER SECTION XI.B, YOUR BREACH OF SECTION IX (CONFIDENTIALITY), OR TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

Service Availability

We do not guarantee that the Platform will be available at all times or free of errors. We may experience outages or interruptions due to maintenance, third-party service failures, or other causes beyond our reasonable control, and we will have no liability for reasonable interruptions of this kind, consistent with any service-level terms in your order form.

Third-Party Services

The Platform may integrate with third-party services, including telecommunications carriers and our AI model provider. We are not responsible for the acts or omissions of these third parties, and your use of third-party services is at your own risk.

Statute of Limitations

UNLESS OTHERWISE REQUIRED BY LAW, ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR IT IS PERMANENTLY BARRED.

Governing Law and Venue

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law principles. Except as provided in the Arbitration Agreement in Section XIV, any dispute must be brought in the state or federal courts located in Kent County, Delaware, and you consent to the personal jurisdiction of those courts.

Services and Fees

The Platform may be offered under a subscription plan or an order form describing the applicable fees. Services are licensed, not sold. Your "Effective Date" is the date on which your account is both activated and we receive your initial payment, whichever is later.

Subscription Term and Renewal

Subscriptions automatically renew at the frequency disclosed at purchase (e.g., monthly or annual) unless cancelled before the renewal date, and renewals may reflect a general price increase disclosed in advance. We may offer free trials, which convert to paid subscriptions unless cancelled before the trial ends. Cancellation must be received at least one (1) day before the next billing date to be effective for that billing period.

Payment Processing

We use third-party payment processors to handle payments. We do not store full payment card numbers; our access is limited to information confirming payment status. By providing a payment method, you authorize us (or our processor) to charge that method for all amounts due.

Late Payments; Taxes

Late payments may accrue interest at 1.5% per month (or the highest rate permitted by law, if lower), and we may suspend Services for non-payment. You are responsible for all applicable taxes other than taxes on our net income. You must dispute any charge within sixty (60) days of the invoice date, or the charge is deemed accepted.

Integration and Severability

These Terms, together with the Privacy Policy, the Mobile Messaging Terms, and any applicable order form, constitute the entire agreement between you and LiveContact regarding the Platform. If any provision is found unenforceable, it will be limited to the minimum extent necessary, and the remaining provisions will remain in effect. A party's failure to enforce a right does not waive that right.

Additional Terms

We are not liable for failures to perform caused by events beyond our reasonable control (force majeure). These Terms are not assignable by you without our prior written consent, except to a successor in a merger or sale of substantially all assets. We may assign these Terms without your consent, including in connection with a merger, acquisition, or sale of assets. These Terms do not create any partnership, joint venture, or employment relationship. The prevailing party in any action to enforce these Terms is entitled to recover reasonable costs and attorneys' fees. Notices will be given in writing to the contact information provided. Section headings are for convenience only and do not affect interpretation.

THIS SECTION XIV OPERATES AS A SEPARATE AND SEVERABLE AGREEMENT AND IS ENFORCEABLE REGARDLESS OF THE ENFORCEABILITY OF ANY OTHER PROVISION OF THESE TERMS. CONSIDERATION FOR THIS ARBITRATION AGREEMENT INCLUDES THE PARTIES' MUTUAL AGREEMENT TO ARBITRATE DISPUTES.

Mandatory Arbitration

YOU AND LIVECONTACT AGREE THAT ANY DISPUTE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, INCLUDING ANY DISPUTE ABOUT THE ENFORCEABILITY OF THIS SECTION XIV, THAT IS NOT RESOLVED THROUGH THE INFORMAL PROCESS IN SECTION XIV.B WILL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES AND THE U.S. FEDERAL ARBITRATION ACT. THE PARTIES WAIVE THE RIGHT TO HAVE SUCH DISPUTES HEARD BY A COURT OR JURY, EXCEPT AS EXPRESSLY PROVIDED BELOW.

Informal Dispute Resolution

Before commencing arbitration, the parties agree to meet (by phone or videoconference) in a good-faith effort to resolve the dispute informally. Either party may request this conference.

Class Action Waiver

YOU AND LIVECONTACT AGREE THAT EACH PARTY MAY BRING CLAIMS ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, EXCEPT AS PROVIDED IN SECTION XIV.D. IF A COURT OR ARBITRATOR DETERMINES THIS WAIVER IS UNENFORCEABLE, THE ARBITRATION AGREEMENT IN THIS SECTION XIV WILL BE NULL AND VOID IN ITS ENTIRETY.

Mass Arbitration

If 10 or more similar arbitration demands are filed against LiveContact by or with the assistance of the same law firm or organization within a similar timeframe, the parties agree that the AAA's Mass Arbitration and Mediation Fee Schedule and Supplementary Rules (or successor rules) will govern the administration of those proceedings.

"Content" means information, data, text, or other material uploaded to or generated through the Platform, including AI Output.

"Contact Record" means the information you add to or store on the Platform about a specific Recipient (for example, a name, phone number, or email address), which is distinct from messaging permission(s) associated with that person.

"Communications Service Provider" means a third-party service provider that LiveContact engages to transmit campaign messages and to provide related compliance functionality, such as opt-out processing, suppression, sender/carrier registration support, and deliverability services.

"We," "us," and "our" refer to LiveContact, LLC and its employees, officers, directors, and agents.

"You" and "Customer" refer to the business (and its authorized representative) that accesses or uses the Platform and has accepted these Terms.

"Recipient" means an individual whose contact information is collected, or who receives a communication, through a Customer's use of the Platform.

"Services" or "Platform" means the LiveContact software-as-a-service platform described in Section I, including all associated websites, applications, and AI Tools.

Other capitalized terms are defined elsewhere in these Terms.