Plura Subscription Agreement

This Subscription Agreement ("Agreement") is entered into as of the date stated on the Order Form (the "Effective Date"), by and between Plura AI, LLC, a Nevada limited liability company located at 177 Cassia Way, Suite B112, Henderson, NV 89014 ("Plura" or "Plura AI") and the customer identified on the Order Form, at the address stated there ("Subscriber").

SECTION 1: DEFINITIONS

1.1 Definitions. For the purposes of this Agreement, the terms below shall have the following meanings:

(a) “Add-On” means an optional feature or service purchased in addition to a Subscription Plan (for example HIPAA compliance, zero data retention, reserved concurrency, or extended retention), priced on the Rate Card and identified on the Order Form.

(b) “AI” means generative artificial intelligence that leverages advanced neural network architectures such as large language models to create new, original written and/or verbal content based on an analysis of AI Input.

(c) “AI Agents” means a software-based system or tool that operates with a varying degree of autonomy to perform tasks on behalf of Subscriber using AI Technology.

(d) “AI Input” means information, data, materials, text, prompts, images, works, code, query, question, or other content that is input, entered, uploaded, or otherwise transmitted to the Service by Subscriber or any other Authorized User (defined below) for purposes of creating customized AI Output.

(e) “AI Output” means written and/or verbal information, data, materials, text, images, code, works, or other content generated by or otherwise output from the Service in response to AI Input.

(f) “AI Technology” means any and all machine learning, deep learning, and other AI technologies, including statistical learning algorithms, models (including large language models), neural networks, and other artificial intelligence tools or methodologies, all software implementations of any of the foregoing, and related hardware or equipment capable of generating various types of content (including text, images, video, audio, or computer code) based on user-supplied prompts.

(g) “API” means any application programming interface Plura makes available in connection with the Service.

(h) “Business Verification” means Plura’s Know Your Customer review of Subscriber and its intended use of the Service, including the registrations Plura makes on Subscriber’s behalf with telecommunications carriers, messaging registries, and verification agents, as described in Section 3.2(b).

(i) “Carrier Fees” means charges imposed by telecommunications carriers, messaging aggregators, registries, and verification agents in connection with Subscriber’s channels or senders (for example the setup, verification, and hosting fees for an RCS sender), which Plura passes through to Subscriber at cost as described in Section 3.3(e).

(j) “Committed Rate” means the per Talk Hour rate stated on the Order Form, which applies to the Included Talk Hours and to all Talk Hours used beyond them during the Term.

(k) “Credits” means balance held on Subscriber’s account, including unused Monthly Commitment carried forward under Section 3.3(b), which Plura draws down against Other Charges. Credits have no cash value and are not transferable.

(l) “Documentation” means user manuals, handbooks, tutorials, guides, and other information relating to the Service provided by Plura, either electronically or in hard copy.

(m) “Included Talk Hours” means the number of Talk Hours per Subscription Period that the Monthly Commitment covers at the Committed Rate, as stated on the Order Form.

(n) “Material Breach” means a material failure by a party to perform any obligation under this Agreement that materially and adversely affects the other party, the Services, or the value of this Agreement to the non-breaching party. A Material Breach includes, without limitation, Subscriber’s failure to pay undisputed amounts when due; either party’s unauthorized use, disclosure, or compromise of Confidential Information or Subscriber Data; either party’s material violation of applicable law; and Plura’s repeated or prolonged failure to provide the Services in accordance with the Agreement, including material service-level failures. The non-breaching party may terminate this Agreement for Material Breach only if the breaching party does not cure the breach within sixty (60) days after receipt of written notice describing the breach in reasonable detail.

(o) “Monthly Commitment” means the fixed monthly Subscription Fee Subscriber pays each Subscription Period under its Subscription Plan, as stated on the Order Form. References in this Agreement to the “Subscription Fee” or the “base Subscription Fee” mean the Monthly Commitment.

(p) “Order Form” means the Payment & Pricing Authorization attached as Attachment 1, which records the Subscription Plan, rates, Add-Ons, Carrier Fees, and payment authorization for Subscriber’s account and forms part of this Agreement.

(q) “Personal Data” means any information relating to an identified or identifiable natural person, including any information that can be used, directly or indirectly, to identify such person, such as a name, identifier, identification number, email address, postal address, telephone number, online identifier, location data, or one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that person, as well as any other information that is “personal data,” “personal information,” or a similar term under applicable data protection regulations.

(r) “Plura IP” means all intellectual property owned by Plura, including, without limitation, the Service, the AI Technology, Plura website(s), Documentation, and all associated trademarks, service marks, and other property. For the avoidance of doubt, Plura IP includes aggregated statistics and any information, data, or other content derived from Plura’s monitoring of Subscriber’s use of the Service and improving the Service in accordance with Section 4.3(d) but does not include Subscriber Data. Plura IP also includes all modifications, enhancements, refinements, adaptations, customizations, improvements, and derivative works of the Service.

(s) “Rate Card” means Plura’s schedule of rates for Talk Hours, messages, phone numbers, transfer recording, Add-Ons, and Carrier Fees, as reproduced on the Order Form as of the Effective Date.

(t) “Renewal Date” means the first day of each additional one (1) year period for which this Agreement continues in force following the initial one (1) year term described in Section 3.1.

(u) “Service” means the Plura Service, which leverages AI Technology to enable Authorized Users to construct, test, synchronize, and deploy customized AI Agents to interact with consumers across multiple communications channels, including associated features, APIs, and the Plura Connect telecommunications services included with a subscription plan, which may be offered or amended by Plura either now or in the future.

(v) “Subscriber Data” means AI Input, including any information, data, (including, without limitation, Personal Data) and other content, in any form or medium, that is submitted, entered, posted, or otherwise transmitted by Subscriber or any end user through the Service, and any AI Outputs based thereon or derived therefrom. Subscriber Data also includes data collected during the course of consumer interactions undertaken through the Service.

(w) “Subscription Plan” means the Plura subscription plan selected by Subscriber in the Payment & Pricing Authorization Form attached as Attachment 1 and by this reference incorporated herein, as such may be amended from time to time.

(x) “Talk Hour” means sixty (60) minutes of connected AI voice conversation on the Service, measured and billed per second and rounded up to the next second, with a minimum of twelve (12) seconds for each billed call, inclusive of the AI model, voice synthesis, and telephony transmission. Calls that are answered or that reach voicemail are billed. Calls that are not answered, are busy, fail to connect, or are test calls placed from within the Service are not billed.

(y) “Third-Party Products” means any products, technology, content, data, services, information, websites, or other materials that are owned by third parties and are included in, incorporated into, or accessible through the Service, including any third-party AI Technology.

SECTION 2: SERVICE FEATURES AND REQUIREMENTS

2.1 Service Requirements. Subscriber must complete a Know Your Customer (“KYC”) verification process (Business Verification, Section 3.2(b)) and maintain their accounts in accordance with this Agreement. In addition to this Agreement, Subscriber must also execute the Payment & Pricing Authorization Form attached hereto as Attachment 1. The Service shall be further subject to (i) the Plura Website Privacy Policy; (ii) Platform User Privacy Policy; (iii) Acceptable Use Policy; (iv) Messaging Content Policy (SMS, MMS, and RCS); and (v) Website Terms, all of which are incorporated herein by this reference.

2.2 Using the Service. Subscriber may use the Service solely for its internal business operations under the terms of this Agreement. If the Subscription Plan includes additional users (“Authorized Users”), Subscriber may request access credentials for those users.

2.3 User Training and Support. Newly established accounts include at least one online training session with a Plura engineer, who can assist with workplace setup and initial workflows. Agency and custom enterprise-level accounts may include additional training sessions. Ongoing Subscriber support is available on an as-needed basis through various channels, tutorials, and live Subscriber support sessions.

2.4 Telecom Services. The Service integrates certain telecommunications functionality (“Telecom Services”) provided by Plura affiliate Plura Connect (https://www.pluraconnect.ai). Charges for Telecom Services are billed by Plura under this Agreement at the rates on the Order Form; Talk Hours include telephony transmission. Subscriber acknowledges that Telecom Services are supplied by Plura Connect and are subject to Plura Connect’s terms and policies. Subscriber executes the Plura Connect Service Agreement, attached as Attachment 2, together with this Agreement. Plura delivers messaging (SMS, MMS, and RCS) and completes carrier and registry filings through third-party aggregators, registries, and verification agents; their fees, where not absorbed by Plura, are Carrier Fees. To use another Telecom Services provider with the Service, Subscriber must notify Plura in advance. Plura will then determine, in its reasonable discretion, not to be unreasonably withheld or delayed, the acceptability and compatibility of such provider’s services. If Plura accepts such alternate provider, additional charges may apply to implement Telecom Services.

SECTION 3: TERM, ACCOUNT, PLANS, FEES, AND PAYMENT

3.1 Term. This Agreement shall remain in force for one (1) year following the Effective Date and shall continue for additional one (1) year terms thereafter unless either party notifies the other of its intent not to renew this Agreement no less than thirty (30) days prior to the next Renewal Date.

(a) Termination. For a period of 90 days following the Effective Date (the “Termination Period”), Subscriber may terminate this Agreement without cause or penalty. In the event of such termination, all amounts owed to Plura shall be due and payable on or before the scheduled termination date.

(b) Termination for Convenience (Post-Termination Period). Following the Termination Period, Subscriber may, at its option, terminate this Agreement, in whole or in part, for convenience upon at least sixty (60) days’ prior written notice to Plura. Such termination for convenience will be effective as of the termination date specified in Subscriber’s notice, which shall be no earlier than sixty (60) days after Plura’s receipt of the notice. As a condition to any termination for convenience under this Section, Subscriber shall pay to Plura an early termination charge equal to three (3) months of the then-current base Subscription Fees (excluding usage-based, overage, professional services, taxes, and other non-recurring charges). The early termination charge shall be due and payable within thirty (30) days after the effective date of termination. Except for the early termination charge and any undisputed fees accrued but unpaid as of the effective date of termination, Subscriber shall have no further payment obligation to Plura arising solely from its termination for convenience under this Section.

(c) Termination for Uncured Service Failures (Post-Termination Period). Following the Termination Period referenced in Section 3.1(a), Subscriber shall have the right to terminate this Agreement without penalty if Plura materially fails to perform the Services in accordance with this Agreement and such failure is not cured within sixty (60) days after Subscriber provides written notice to Plura describing the specific Service failures (the "Cure Period"). If Plura fails to cure such deficiencies within the Cure Period to Subscriber's reasonable satisfaction, Subscriber may terminate this Agreement by providing written notice of termination, which shall take effect upon receipt. In the event of termination under this Section 3.1(c), Subscriber shall not be liable for any Liquidated Damages or other early-termination fees, and all prepaid but unused fees shall be refunded on a pro-rata basis.

(d) Suspension by Plura. Plura may suspend all or part of the Service immediately, with notice, if (i) any amount is past due under Section 3.4(e); (ii) Business Verification for a channel is declined, revoked, or required again by a carrier or registry; (iii) Subscriber violates Section 4 or Section 5; or (iv) Plura reasonably believes continued operation would expose Plura, its providers, or third parties to legal liability or harm. Suspension does not relieve Subscriber of its payment obligations.

(e) Effect of Termination. On termination or expiration, Subscriber’s license ends, all unpaid amounts become due, and Subscriber must stop using the Service. During the Export Period, Subscriber may export Subscriber Data under Section 4.3(c) and port out its telephone numbers under Attachment 2; after that Plura may reassign the numbers. Sections 1, 3.1(e), 3.3(e) through 3.3(g), 3.4 (as to amounts accrued), 4.2, 4.3, 5, 6, 7, 8, and 9 survive termination.

3.2 Account and Business Verification.

(a) Account. To use the Service, Subscriber must create an account, provide accurate business and billing information, keep a valid payment method on file with Plura’s payment processor, Stripe, Inc. (“Stripe”), and keep the account in good standing.

(b) Business Verification. Before Subscriber may place live calls, send messages, or hold telephone numbers on the Service, Plura conducts a Business Verification. Subscriber must accurately complete the verification intake and provide the requested documentation, including its legal name, entity details, EIN, business address, authorized contact, intended use case, sample messages, and evidence of how Subscriber obtains consent from the people it will contact. Plura files the resulting registrations with the applicable carriers, messaging registries, and verification agents on Subscriber’s behalf, per channel (voice, SMS and toll free, RCS, and caller name), and Subscriber authorizes Plura to do so. Business Verification is provided at no charge. Plura may decline, suspend, or revoke verification for any channel, at its sole discretion, where the intake is incomplete or inaccurate, where a carrier or registry declines the registration, or where Plura identifies fraudulent, illegal, or high-risk activity. If a new account is declined at Business Verification, Plura will refund the Subscription Fee paid for the current Subscription Period.

3.3 Subscription Plan.

(a) Plans Covered. This Agreement governs Subscription Plans with a Monthly Commitment. Pay as you go accounts (a prepaid balance with no Monthly Commitment) are governed by the Plura Pay As You Go Agreement instead. When a pay as you go account moves to a Subscription Plan, this Agreement supersedes the Pay As You Go Agreement from the Effective Date.

(b) Monthly Commitment and Talk Hours. Subscriber pays the Monthly Commitment for each Subscription Period of the Term. The Monthly Commitment covers the Included Talk Hours at the Committed Rate each Subscription Period. Talk Hours used beyond the Included Talk Hours in a Subscription Period (“Overage”) are Other Charges billed in arrears at the same Committed Rate; the rate never increases with volume. Any portion of a Subscription Period’s Monthly Commitment not consumed by Talk Hours carries forward as Credits for use within the same Term and expires at the end of the Term. Messages, phone numbers, and other usage are Other Charges billed at the rates on the Order Form. The Subscription Plan includes the plan features identified on the Order Form (for example SOC 2 reporting, single sign-on, role-based access, and data residency).

(c) Add-Ons. Add-Ons may be added at any time from within the Service. Monthly Add-On fees are prorated from the day of purchase to the end of the Subscription Period and then recur each Subscription Period until removed. Certain Add-Ons require an additional agreement (for example the HIPAA Add-On requires the Business Associate Agreement in Schedule B), and certain Add-Ons are mutually exclusive as indicated in the Service.

(d) Phone Numbers. Telephone numbers are billed per number per Subscription Period at the Order Form rate, prorated on purchase. Numbers imported from another provider are not billed a monthly number charge. Number assignment, porting, and surrender are governed by Attachment 2.

(e) Carrier Fees. Where Subscriber activates a channel or sender that carries fees from a carrier, registry, or verification agent (for example an RCS sender, or branded calling), Plura passes those Carrier Fees through to Subscriber at cost, itemized on the Order Form or in the Service before Subscriber submits the request, and bills them when the third party bills Plura. Carrier Fees are not covered by the Monthly Commitment and are not prorated or refundable once the filing is made.

(f) Carrier Penalties. Carriers, messaging aggregators, and registries charge penalties when messaging breaks their rules, including sending messages before a campaign is approved, prohibited or unlawful content, techniques that evade carrier filtering, sending business messages over consumer routes, and registered campaigns left without a telephone number or without traffic. Where a penalty results from Subscriber’s messages, campaigns, or content, Subscriber will reimburse Plura for the full amount the third party charges, as listed in Schedule C, and for any related fines or costs. Plura may suspend the affected numbers, campaigns, or channels immediately to stop further penalties. Carrier Penalties are not covered by the Monthly Commitment. Amounts owed under Sections 3.3(e) through 3.3(g) are payment obligations; they apply in addition to, and are not limited by, Section 5.4 or Section 7.4.

(g) Blocked Messages. Messages are billed in the Order Form’s unit at the Order Form rate when they are sent, delivered, or blocked by a carrier, messaging aggregator, or registry, because the carrier charges Plura for blocked messages in the same way. Messages that fail within the Service before they are handed to a carrier are not billed.

3.4 Billing and Payment.

(a) Billing. Subscription Fees are charged on a monthly basis (the “Subscription Period”). For the initial Subscription Period, Subscriber shall pay a prorated Subscription Fee calculated based on the number of calendar days from the Effective Date of this Agreement through the end of the calendar month in which the subscription commences. The prorated fee for the initial period is calculated as follows:

Prorated Initial Fee = (Full Monthly Subscription Fee ÷ Number of Days in Applicable Month) × Number of Days from Commencement through Month-End.

For all subsequent Subscription Periods, Subscriber shall pay the full monthly Subscription Fee on the 1st day of each calendar month (the “Billing Date”), commencing on the first of the month following the initial prorated period. Plura will invoice Subscriber in advance for the upcoming Subscription Period in accordance with the Subscription Plan then in effect, with payment due upon the Billing Date. Any Services with charges based on usage or any other charges not identifiable in advance (“Other Charges”) will be charged in arrears on subsequent invoices. Subscription charges shall be due and payable regardless of whether Subscriber has delivered all required assets, completed onboarding, or whether the AI Agent build has been completed. All Subscription Plan charges are exclusive of taxes and fees.

(b) Usage-Based Billing Frequency. If, in any calendar month, Subscriber’s usage-based Other Charges exceed the Monthly Commitment, Plura may, upon written notice to Subscriber, invoice Subscriber for Other Charges on a weekly basis for the remainder of that Subscription Period and for each subsequent Subscription Period until Subscriber’s usage-based Other Charges fall below the Monthly Commitment for two (2) consecutive calendar months, at which point Plura will revert to monthly invoicing for Other Charges in accordance with Section 3.4(a). This Section 3.4(b) governs only the frequency and timing of invoicing for Other Charges and does not alter the amount of any charges owed by Subscriber.

(c) Payment Terms. Subscriber must execute this Agreement with its attachments and provide a valid credit card or ACH bank account, held with Stripe, to which all charges shall be billed (the “Card on File”). By execution of this Agreement, Subscriber authorizes Plura to charge and/or place a hold on the Card on File with respect to any unpaid Subscription Plan and/or Other Charges owed for the Service when due. Subscriber further authorizes the issuer of the Card on File to pay the monthly charges (including without limitation all Other Charges, taxes and fees applicable to Subscriber’s service charges) and any unpaid charges without requiring a signed receipt. Subscriber will maintain accurate and current credit card information for the Card on File and update payment information within three (3) business days.

(d) Recurring Payment Authorization. Subscriber authorizes Plura and/or its credit card processor to charge the Card on File on a recurring monthly basis on each Billing Date, and for Other Charges as they are invoiced, and to continue to attempt to charge and/or, place holds with respect to all sums described herein (at its discretion), or any portion thereof, to the Card on File until such amounts are paid in full, subject to Plura’s rights of suspension and termination and other remedies for non-payment set forth herein. Notwithstanding the foregoing, Plura is under no obligation to continue to attempt to charge the Card on File prior to exercising any of its other remedies hereunder.

(e) Payment Failures. If an automatic payment fails, Plura will make up to three (3) attempts to rebill the Card on File. If those rebill attempts fail, Subscriber will be notified and instructed to provide an alternate credit card. If Subscriber fails to update the Card on File and pay any outstanding charges within 24 hours after receiving notification, Plura reserves the right to suspend or stop Service. Any Subscription Plan or Other Charges not paid when due may be subject a late payment fee equal to the lesser of 1.5% per month on the past due amounts or the maximum allowed by law. In the event Subscriber fails to pay billed charges when due and it becomes necessary for Plura to refer the account to a third party for collections, Subscriber will be liable for all costs associated with such collection efforts, including without limitation, attorneys’ fees and court costs.

(f) Refunds and Cancellations. Except as stated in Sections 3.1(c), 3.2(b), and 3.4(i), Subscription Plan fees, Other Charges, taxes, and fees paid for the Service are non-refundable, unless otherwise agreed to by Plura at its reasonable discretion. During the Termination Period, Subscriber may cancel the Subscription Plan by following the cancellation instructions located on the account management page. Subscriber may also cancel the Subscription Plan by emailing the assigned account manager or accounting@plura.ai. All cancellation requests submitted during Termination Period must be received at least five (5) days in advance of the next Billing Date to avoid the recurring charge. Subscriber’s failure to provide such advance notice will result in automatic renewal for the next Subscription Period, and Subscriber will be responsible for payment of the applicable charges.

(g) Rate Adjustments. Plura may not adjust or change Subscription Plan prices and/or Other Charges during the Term without Subscriber's prior written consent. Plura shall notify Subscriber of any pending change to Subscription Plan rates or Other Charges that may apply to any renewal term at least sixty (60) days in advance. Carrier Fees and Carrier Penalties are set by third parties and change when they change them; Plura will show the current Carrier Fee in the Service before Subscriber submits any filing that carries one.

(h) Taxes and Regulatory Fees. Subscriber is responsible for all sales, use, excise, telecommunications, Universal Service Fund, E911, and similar taxes and fees imposed on the Service, other than taxes on Plura’s net income, unless Subscriber provides a valid exemption certificate.

(i) Billing Disputes. Subscriber must notify Plura in writing at accounting@plura.ai of any disputed charge within thirty (30) days after the invoice date, with enough detail for Plura to investigate, and must pay all undisputed amounts when due. If Plura resolves the dispute in Subscriber’s favor, Plura will credit the disputed amount to Subscriber’s account.

SECTION 4: ACCESS AND USE

4.1 Limited License. Subject to and conditioned upon Subscriber’s compliance with this Agreement and keeping Subscriber’s account in good standing, Plura grants Subscriber a limited, non-exclusive, non-transferable, and revocable right and license to access and use the Service solely for Subscriber’s internal business operations by Authorized Users during the Term and any renewals thereof.

4.2 Intellectual Property Rights. Notwithstanding the limited license to use the Service, all right, title, and interest in and to the Plura IP is and shall remain the exclusive property of Plura, except as otherwise stated. Plura and its licensors own their respective names, logos, trademarks, and service marks (collectively, the “Marks”). The content of the Plura website may also be covered by applicable copyright or other intellectual property laws and treaties. Subscriber is not permitted to utilize any Plura Marks without Plura’s prior written consent.

(a) Rights to Feedback. If Subscriber or any Authorized User provides Plura with any feedback, comments, suggestions, or ideas regarding the Service (“Feedback”), Subscriber grants Plura a perpetual, irrevocable, worldwide, royalty-free license to use, modify, and incorporate such Feedback into the Service without any obligation to compensate Subscriber.

(b) Third-Party Products. To the extent the Service utilizes Third-Party Products, it may also incorporate third-party intellectual property. Plura does not claim ownership of such third-party content, and Subscriber agrees to comply with any applicable third-party terms and conditions. All third-party trademarks, service marks, and trade names used on or in connection with the Service are the property of their respective owners. Subscriber may not use any such trademarks, service marks, or trade names without the third party’s prior written consent.

(c) Subscriber Trademarks. Subscriber grants Plura the right to identify Subscriber’s company as a user of the Service, using Subscriber’s Marks on Plura website(s) and in its marketing materials, and to configure the Service on Subscriber's behalf, including branded caller ID and RCS branding. For the duration of the Agreement, Subscriber grants Plura a non-exclusive, royalty-free license to use Subscriber’s Marks in connection with any marketing, promotion, or advertising of Plura or the Service.

(d) Rights to Subscriber Data. Subscriber retains ownership of any Subscriber Data, and grants Plura a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute AI Input as AI Output on Subscriber’s behalf in connection with Plura’s operation of the Service. Plura's use of Subscriber Data is governed by Section 4.3 below. Notwithstanding the foregoing, Plura and/or its licensors retain ownership of the AI Technology, together with the underlying AI models and algorithms used to generate AI Output. Plura acknowledges that Subscriber trade secrets included in Subscriber Data will be protected as confidential indefinitely, in accordance with applicable law.

(e) Residual Rights. Nothing in this Agreement shall restrict either party from using general knowledge, experience, and know-how (including ideas, concepts, processes, and techniques) retained in the unaided memory of its personnel after performance under this Agreement.

4.3 Subscriber Data Policies.

(a) Personal Data Processing. The parties acknowledge and agree that, to the extent Plura processes Personal Data in connection with the Service on Subscriber’s behalf, (i) under the General Data Protection Regulation (Regulation (EU) 2016/679) and any implementing or equivalent laws (“GDPR”), Subscriber acts as “controller” and Plura acts as “processor,” and (ii) under the California Consumer Privacy Act as amended by the California Privacy Rights Act and any similar U.S. state privacy laws (collectively, “CPRA Laws”), Subscriber acts as a “business” and Plura acts as a “service provider” and/or “contractor,” as those terms are defined in such laws.

Plura will process Personal Data only for the limited and specific purposes described in this Section 4.3, in accordance with Subscriber’s documented instructions, and any applicable data processing addendum, except where otherwise required by applicable law, in which case Plura will inform Subscriber of that legal requirement before processing, unless such law prohibits such notice on important grounds of public interest.

Plura will not retain, use, or disclose Personal Data for any purpose other than the business purposes specified in this Agreement or as otherwise permitted for processors, service providers, or contractors under GDPR or CPRA Laws, nor will Plura “sell” or “share” Personal Information (as those terms are defined under CPRA Laws), or combine Personal Data received from Subscriber with Personal Data received from, or collected on behalf of, another person or from Subscriber’s own interactions with consumers, except as expressly permitted under CPRA Laws or as otherwise expressly authorized in writing by Subscriber.

(b) Subscriber Data Maintenance and Deletion Policy. For so long as Subscriber maintains its account and Subscription Plan in good standing, Plura shall employ its best efforts to maintain Subscriber Data saved by Authorized Users. In accordance with the Plura Privacy Policy, all Subscriber Data may be permanently deleted by Plura at any time after the thirty-day Export Period referenced in Section 4.3(c).

(c) Post-Termination Export of Subscriber Data. For a period of at least thirty (30) days following the effective date of termination or expiration of this Agreement (the “Export Period”), and for such longer period as is reasonably necessary for Subscriber’s documented legal, regulatory, or contractual compliance obligations, Plura shall make available to Subscriber, upon request and at no additional charge (other than reasonable, pre-approved professional services fees for custom assistance, if applicable), an export of all Subscriber Data then stored under Subscriber’s account, including without limitation contact records, interaction logs, and associated configuration data. Export shall be provided via secure file transfer protocol (SFTP) delivery to a destination designated in writing by Subscriber using commercially reasonable efforts to provide the export in a structured, commonly used, machine-readable format. The export will include metadata reasonably necessary for Subscriber to access, interpret, and use the Subscriber Data, such as timestamps, unique identifiers, communication channel, and status fields, to the extent such metadata is maintained by Plura in the ordinary course of operation.

(d) No Training of AI Models on Subscriber Data. Plura does not use Subscriber Data, including without limitation, audio, transcripts, or extracted data fields, to train, fine-tune, or otherwise develop its AI models, whether those models are proprietary to Plura, open-source models hosted by Plura, or models operated on Plura's behalf. Plura's AI models process such data solely at the time of an interaction to generate responses and perform in-conversation functions, and do not retain it after the applicable interaction concludes. Retention of data at the platform level is governed by Section 4.3(e).

(e) Data Retention, Purpose Limitation, and Segregation. Plura maintains a persistent contact record for each end consumer to enable cross-channel continuity and follow-up within Subscriber's configured journeys (for example, resuming a conversation, honoring a scheduled callback, or avoiding repeat questions using information previously provided). Such data is: (i) stored encrypted at rest within Plura's cloud infrastructure; (ii) used solely to operate the Service for Subscriber and deliver Subscriber's own journeys; (iii) logically segregated per Subscriber account and never used across, or commingled with, any other Subscriber's account; and (iv) retained for the Term of this Agreement and deleted within thirty (30) days of termination, except as required to comply with applicable law or as retained in de-identified or aggregated form.

(f) Service Improvement via Account-Specific Optimization. Plura may review interactions within Subscriber's account to evaluate and improve the performance of Subscriber's own AI agent configurations and prompts. Any such optimization is specific to Subscriber's account, is not applied to or derived for the benefit of any other Subscriber and does not constitute training of Plura's AI models within the meaning of Section 4.3(d). Plura will not use insights derived from Subscriber Data for the benefit of any third party.

(g) Infrastructure and Subprocessors. Plura operates its AI models on self-hosted infrastructure and/or dedicated inference infrastructure provided by its cloud and computing providers. Plura does not transmit raw Subscriber Data to any third party for that party's own use, and Plura's infrastructure and inference providers do not train on, or retain for their own purposes, Subscriber Data processed through the Service.

(h) Security. Plura maintains an information security program with administrative, technical, and physical safeguards designed to protect Subscriber Data, including encryption in transit and at rest, role-based access controls, logging, and vulnerability management. Plura maintains a SOC 2 compliance program and will make its most recent SOC 2 report, once issued, available to Subscriber on request under Section 6.

(i) Security Incidents. If Plura becomes aware of unauthorized access to Subscriber Data in Plura’s possession or control that compromises its confidentiality or integrity (a “Security Incident”), Plura will notify Subscriber without undue delay and no later than seventy-two (72) hours after confirming the Security Incident, will provide the information reasonably available to Plura about its nature and scope, and will take reasonable steps to contain and remediate it. Plura’s notification is not an admission of fault or liability.

(j) Protected Health Information. Subscriber will not submit protected health information (as defined under HIPAA) to the Service unless Subscriber has purchased the HIPAA Add-On and the parties have executed the Business Associate Agreement in Schedule B, in which case Schedule B governs the parties’ obligations with respect to that information.

(k) Retention Add-Ons. Where Subscriber purchases the Extended Retention Add-On or the Zero Data Retention Add-On, the retention terms of that Add-On stated on the Order Form apply to call recordings, transcripts, and message logs.

4.4 Usage Restrictions. Subscriber shall not use the Service for any purposes beyond the scope of the access granted in this Agreement, and shall not at any time, directly or indirectly, and shall not permit any Authorized Users to:

(i) Copy, modify, or create derivative works of the Service or Documentation, in whole or in part, except to create AI Output.

(ii) Rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer, or otherwise make the Service available to third parties.

(iii) Reverse engineer, disassemble, decompile, decode, or duplicate the Service, reproduce the Documentation, engage in model extraction, or otherwise attempt to derive or gain access to any source code, algorithm, model, model weights and parameters, or other underlying AI Technology or component of the Service.

(iv) Access or use the Service to develop, train, or improve any other AI Technology, except that Subscriber may use AI Output in accordance with this Agreement.

(v) Use web scraping, web harvesting, web data extraction or any other method to extract data from the Service.

(vi) Change, misuse, or tamper with any software or hardware provided as part of the Service.

(vii) Introduce any viruses, malware, Trojan horses or other harmful programs into any software, hardware or Plura platforms used in connection with the Service.

(viii) Use the Service to create or generate AI Output, or use AI Output in any manner, that Subscriber knows or should know violates any applicable law, regulation, or rule, or infringes, misappropriates, or otherwise violates any intellectual property right or other right of any person, or competes with Plura’s business.

(ix) Sell, sublicense, distribute, or otherwise make the AI Outputs available to any third party without Plura’s prior written permission.

(x) Use the Service to mislead recipients of any call, text, or other communication made using the Service as to Subscriber’s identity, including without limitation by creating a false caller ID (e.g., ID spoofing), forging addresses or headers, or fraudulently undertaking other technical measures to misrepresent the origin or identity of the sender or caller.

(xi) Use the Service as an automated or predictive dialer in violation of applicable law.

(xii) Use the Service in violation of the Plura Acceptable Use Policy.

SECTION 5: SUBSCRIBER RESPONSIBILITIES

5.1 Compliance Warranty. In furtherance of the Acceptable Use Policy and without limiting the generality of the same, Subscriber hereby represents, warrants, and covenants that it will comply with all statutes, rules, and regulations that may apply to Subscriber’s use of the Services, including (without limitation): (i) the Telephone Consumer Protection Act (TCPA); (ii) the National Do-Not-Call Registry prohibitions for both voice calls and text messages; (iii) federal and state wiretap statutes; (iv) AI voice disclosure laws; (v) bot disclosure laws; (vi) the FTC Telemarketing Sales Rule; (vii) cellular carrier messaging restrictions, including opt-out rules; and (viii) all other applicable laws and regulations, as the same may be adopted or amended from time to time.

5.2 Account Access Obligations. Subscriber is responsible for maintaining the security of all access credentials assigned to the account and shall promptly notify Plura about any unauthorized access to access credentials. Subscriber is responsible and liable for anyone accessing the Plura platform using Subscriber’s access credentials, whether directly or indirectly, and whether such access is permitted by or in violation of this Agreement. Subscriber is responsible for all acts and omissions of Authorized Users, and any act or omission by an Authorized User that would constitute a breach of this Agreement if taken by Subscriber will be deemed a breach of this Agreement by Subscriber. Subscriber shall use reasonable efforts to make all Authorized Users aware of this Agreement’s provisions as applicable to such Authorized User’s use of the Services and shall cause Authorized Users to comply with such provisions.

(a) Use of Subscriber Data. Subscriber is solely responsible for (i) ensuring the content and accuracy of all AI Input; (ii) evaluating AI Output for accuracy, completeness, compliance with laws and regulations, and other factors relevant to Subscriber's use case before using, distributing, or relying on AI Output (including by human review where technically feasible and commercially reasonable given the automated nature of the Service); and (iii) all decisions, actions, and omissions in reliance or based on AI Output.

(b) Third-Party Products. The Service may incorporate or permit access to Third-Party Products, that are subject to their own terms and conditions which may be presented to Subscriber for acceptance by website link or otherwise. Plura may add or remove Third-Party Products from time to time. If Subscriber does not agree to abide by the applicable terms for any Third-Party Products, then it should not install, access, or use them.

5.3 Additional Representations and Warranties. Subscriber hereby represents, warrants, and covenants that:

(a) It has the full right and authority to enter into this Agreement.

(b) All information submitted to Plura in connection with establishing and maintaining Subscriber’s account is up-to-date and accurate.

(c) Subscriber’s use of the Service will not violate any third party's rights.

(d) All Subscriber Data provided to Plura is accurate and lawfully obtained.

(e) Subscriber will obtain all consents required by law prior to initiating communications through the Service, and no Subscriber Data contains or will contain any personal information for which Subscriber has not secured appropriate consent from the person(s) to which the information pertains;

(f) Notwithstanding the data-use limitations set forth in Section 4.3, Subscriber understands and agrees that all AI systems have the technological capability to process and analyze communication data for various purposes, and expressly waives any claims related to the mere capability of AI systems to process communication data.

(g) The content of all text messages sent using the Service will be in accordance with the Plura Messaging Content Policy (SMS, MMS, and RCS), which is incorporated herein by this reference.

(h) Subscriber will promptly report to Plura any errors, bugs, unauthorized access methodologies or any breach or suspected breach of Plura's intellectual property rights that it experiences or uncovers in connection with its use of the Service.

(i) Subscriber will not transfer, sell, convey, use, resell or sublicense any data, information or services provided by Plura in any medium, form, manner or format whatsoever, for any purpose except as expressly authorized in this Agreement.

(j) Subscriber acknowledges that the Service will be updated from time to time to comply with applicable AI-specific regulations as they are enacted and agrees to cooperate with any necessary modifications to ensure ongoing compliance with privacy and AI laws.

5.4 Indemnification.

(a) By Subscriber. Subscriber shall indemnify, defend, and hold harmless Plura, together with its officers, directors, employees, agents, affiliates, and third parties, for any legal claims, losses, costs, liabilities, and expenses, including reasonable attorney’s fees (collectively, “Liabilities”) relating to or arising out of Subscriber’s negligence in the use of the Service, including, without limitation, any Liabilities arising from: (i) the content of any AI Input entered into the Service; (ii) the content of any AI Output generated by the Service; (iii) Subscriber’s violation of any terms of this Agreement or the rights of any third party; (iv) any claim or accusation that Subscriber’s use of the Service violated applicable laws, rules or regulations, including (without limitation) the TCPA; provided, however, that Subscriber’s indemnification obligations shall not extend to any claims arising from the gross negligence, willful misconduct, or violation of law by Plura or its personnel, or defects inherent in the AI Technology. Plura reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by Subscriber, in which event Subscriber will fully cooperate with Plura in asserting any available defenses.

(b) By Plura. Plura shall indemnify, defend, and hold harmless Subscriber, together with its affiliates, subsidiaries, officers, directors, employees, and agents, against any third-party claims and resulting Liabilities arising out of or alleging that: (i) the Service or AI Technology infringes or misappropriates any intellectual property rights; (ii) any unauthorized access, use, or disclosure of Subscriber Data caused by a breach of Plura's security safeguards; (iii) Plura’s negligence in the delivery of Services; or (iv) Plura’s violation of applicable telecommunications, messaging, or privacy laws, rules, or regulations, including (without limitation) the TCPA, CAN-SPAM Act, or FCC rules and regulations. Subscriber shall give prompt notice of such claims and reasonable cooperation in connection with the defense.

SECTION 6: CONFIDENTIALITY AND TRADE SECRETS

6.1 Confidential Information. “Confidential Information” means any non‑public information disclosed by or on behalf of a party (“Disclosing Party”) to the other party (“Receiving Party”) in connection with this Agreement, whether before or after the Effective Date, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Confidential Information includes, without limitation, business plans, product roadmaps, pricing, customer and prospect lists, financial information, security reports, non‑public documentation, and, with respect to Plura, the design, architecture, algorithms, models, prompts, training techniques, and other technical and operational details of the Service, and with respect to Subscriber, Subscriber Data and AI Inputs.

6.2 Trade Secrets. As between the parties, Plura’s Trade Secrets include, without limitation, non‑public information relating to its models, training data curation methods, pre‑ and post‑processing pipelines, inference logic, system prompts, orchestration workflows, monitoring and safety controls, and performance tuning methodologies, and other aspects of the AI Technology and the Service. Subscriber’s Trade Secrets include any information shared by Subscriber with Plura that derives economic value from not being generally known and is subject to reasonable efforts to maintain its secrecy (“Trade Secrets”). The parties agree that Trade Secrets constitute a subset of Confidential Information and will be subject to the heightened protections described in this Section.

6.3 Obligations. The Receiving Party will: (i) use the Disclosing Party’s Confidential Information solely to perform its obligations or exercise its rights under this Agreement; (ii) not disclose Confidential Information to any third party except as expressly permitted by this Agreement; and (iii) protect Confidential Information using at least the same degree of care it uses to protect its own similar information, and in any event no less than reasonable care. The Receiving Party may disclose Confidential Information to its and its Affiliates’ employees, contractors, and professional advisors who have a legitimate “need to know” and are bound by confidentiality obligations at least as protective as those in this Agreement.

6.4 Exclusions. Confidential Information does not include information that the Receiving Party can demonstrate: (i) is or becomes publicly available through no breach of this Agreement by the Receiving Party; (ii) was lawfully known to the Receiving Party, without restriction, prior to disclosure by the Disclosing Party; (iii) is independently developed by the Receiving Party without use of or reference to the Disclosing Party’s Confidential Information; or (iv) is rightfully obtained from a third party without breach of any obligation of confidentiality.

6.5 Compelled Disclosure. The Receiving Party may disclose Confidential Information to the extent required by law, regulation, or court or other governmental order, provided that (to the extent legally permitted) the Receiving Party gives the Disclosing Party prompt written notice of the requirement and reasonably cooperates, at the Disclosing Party’s expense, in any effort to seek confidential treatment or a protective order. Any portion of Confidential Information that is not required to be disclosed will remain subject to this Section.

6.6 Duration of Obligations. The obligations in this Section will continue for the Term and for five (5) years thereafter; provided that, with respect to Trade Secrets, the Receiving Party’s obligations of confidentiality and restricted use will continue for so long as such information remains a trade secret under applicable law.

6.7 Injunctive Relief. The parties acknowledge that unauthorized use or disclosure of Confidential Information or Trade Secrets may cause irreparable harm for which monetary damages may be an inadequate remedy. Accordingly, in addition to any other rights and remedies available at law or in equity, the Disclosing Party will be entitled to seek injunctive or other equitable relief to prevent or curtail any actual or threatened breach of this Section, without the necessity of posting bond or proving actual damages.

SECTION 7: LIMITED WARRANTY AND WARRANTY DISCLAIMER

7.1 Limited Warranty. Plura warrants that it will undertake reasonable efforts to ensure that the Service conforms in all material respects to the Documentation when accessed and used by Subscriber in accordance with this Agreement. Subscriber’s sole remedy and Plura’s sole liability for breach of the foregoing warranty is for Plura to use reasonable efforts to correct the Service to conform to the Documentation. Plura does not make any representations or guarantees regarding uptime or availability of the Service. THE FOREGOING WARRANTY DOES NOT APPLY, AND PLURA STRICTLY DISCLAIMS ALL WARRANTIES, WITH RESPECT TO ANY THIRD-PARTY PRODUCTS.

7.2 Subscriber Warranty. Subscriber represents, warrants, and covenants that (i) Subscriber owns or otherwise has and will have all necessary rights, permissions, and consents in and relating to the Subscriber Data so that, as received by Plura and processed by the Service, it does not and will not infringe, misappropriate, or otherwise violate any intellectual property rights, or any privacy or other rights, of any third party or violate any applicable law, and (ii) Subscriber has secured all consents required by law with respect to Subscriber Data, consistent with Subscriber’s representations in Section 5.3.

7.3 Warranty Disclaimer. THE SERVICES PROVIDED HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND PLURA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY SIMILAR WARRANTY WHETHER SAID WARRANTY ARISES UNDER PROVISIONS OF ANY LAW OF THE UNITED STATES OR ANY STATE THEREOF.

PLURA MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SERVICE IS FREE OF RIGHTFUL CLAIMS OF ANY THIRD PARTY FOR INFRINGEMENT OF PROPRIETARY RIGHTS. THE ENTIRE RISK ASSOCIATED WITH A SUBSCRIBER’S USE OF THE SERVICE SHALL BE BORNE SOLELY BY THE SUBSCRIBER. PLURA MAKES NO WARRANTY THAT THE SERVICE WILL MEET SUBSCRIBER’S REQUIREMENTS, THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, AND ERROR-FREE, OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. PLURA IS NOT RESPONSIBLE FOR COMMUNICATIONS, MESSAGES, OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICE OR THE INTERNET IN GENERAL.

PLURA DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF AI OUTPUT OR ANY RESULTS OBTAINED THROUGH THE USE OF THE SERVICE OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE. SUBSCRIBER ACKNOWLEDGES THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICE ARE AT ITS SOLE RISK AND DISCRETION AND PLURA WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGES TO SUBSCRIBER OR ITS PROPERTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY SUBSCRIBER FROM PLURA, ITS EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO SUBSCRIBER.

7.4 LIMITATION OF LIABILITY. EXCEPT FOR LIABILITY ARISING FROM A PARTY'S INDEMNIFICATION OBLIGATIONS, BREACH OF CONFIDENTIALITY, GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT, NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA OR OTHER LOSSES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR THE FOREGOING EXCLUSIONS, EACH PARTY'S AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL NOT EXCEED THE GREATER OF THE AMOUNT PAID BY SUBSCRIBER FOR THE SERVICE DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE INCIDENT GIVING RISE TO THE LIABILITY OR TEN THOUSAND DOLLARS ($10,000). THE LIMITATIONS IN THIS SECTION APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. The foregoing limitation shall not apply to claims arising from: (i) a party’s breach of its confidentiality obligations under Section 6.3; (ii) a party’s indemnification obligations under Section 5.4; (iii) gross negligence, willful misconduct, or fraud; or (iv) a party’s violation of applicable law.

SECTION 8: GOVERNING LAW AND DISPUTE RESOLUTION

8.1 Governing Law, Jurisdiction, and Venue. This Agreement is governed by and construed in accordance with the internal laws of the State of Nevada without giving effect to any choice or conflict of law provision or rule that would require or permit the application of the laws of any jurisdiction other than those of the State of Nevada. Any legal suit, action, or proceeding arising out of or related to this Agreement or the rights granted hereunder that is not subject to the Arbitration Agreement described in Section 8.2 will be subject to the sole and exclusive jurisdiction of the Nevada state and federal courts in each case located in the city of Las Vegas and County of Clark, and each party irrevocably submits to the jurisdiction of such courts in any such suit, action, or proceeding.

8.2 Arbitration Agreement. ANY AND ALL CLAIMS OR DISPUTES ARISING OUT OF OR IN ANY WAY RELATED TO OR CONCERNING THIS AGREEMENT, THE SERVICE, OR THE PARTIES’ RELATIONSHIP WILL BE RESOLVED BY BINDING ARBITRATION, INCLUDING BUT NOT LIMITED TO, ANY BILLING DISPUTES AND ANY THRESHOLD QUESTIONS OF THE ARBITRABILITY OF SUCH DISPUTE OR CLAIM EXCEPT THAT SUBSCRIBER OR PLURA MAY SEEK INJUNCTIVE OR EQUITABLE RELIEF IN A COURT OF PROPER JURISDICTION IF THE CLAIM RELATES TO A VIOLATION OF LAWS, INTELLECTUAL PROPERTY INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS. Arbitration of disputes is further subject to the following provisions.

(a) Opportunity to Resolve. Prior to submitting a claim or dispute to arbitration, Subscriber must first give Plura an opportunity to resolve any disputes or claims by emailing a Notice of Claim that includes a detailed written description of the facts giving rise to the dispute or claim, and its underlying legal basis to legal@plura.ai. Each party shall negotiate with the other in good faith to resolve the claim. If the claim is not resolved within 60 days after receipt of the Notice of Claim, Subscriber may submit the claim to arbitration.

(b) Initiating Arbitration. In the event a claim is not otherwise resolved in accordance with the preceding section, either party may start arbitration proceedings. To begin arbitration, Subscriber must send a letter requesting arbitration that describes the claim to the Plura legal department at the following address: 177 Cassia Way, Suite B112, Henderson, NV 89014. The American Arbitration Association (AAA) will arbitrate all disputes in Las Vegas, Nevada, USA in accordance with the AAA Commercial Arbitration Rules, which are available at www.adr.org. Each Party shall bear its own costs in connection with the arbitration proceeding, provided that the arbitrator shall have discretion to award fees and costs to the prevailing party.

(c) Authority of Arbitrator. The arbitrator shall have exclusive authority to determine the scope and enforceability of this Section 8.2 (the “Arbitration Agreement”) and to resolve any dispute related to the interpretation, applicability, enforceability, or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable.

(d) Arbitration Proceedings. The arbitration proceeding will decide the rights and liabilities, if any, of the parties, and will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and this Agreement. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. Upon the mutual agreement of the parties, the arbitration proceeding may be held remotely in a virtual environment.

8.3 CLASS ACTION AND JURY TRIAL WAIVER. SUBSCRIBER AGREES THAT ANY PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF A COURT DETERMINES IN AN ACTION BETWEEN SUBSCRIBER AND PLURA THAT THIS CLASS ACTION WAIVER IS UNENFORCEABLE, THEN THE CLASS ACTION WAIVER WILL BE VOID AS TO SUBSCRIBER. IN THE EVENT THAT ANY CLAIM HEREUNDER IS NOT SUBJECT TO ARBITRATION AND MUST BE RESOLVED BY A COURT OF COMPETENT JURISDICTION, SUBSCRIBER HEREBY WAIVES ALL CONSTITUTIONAL AND STATUTORY RIGHTS TO HAVE A TRIAL IN FRONT OF A JURY.

SECTION 9: GENERAL PROVISIONS

9.1 Modifications to These Terms. For any material modifications, Plura will provide Subscriber with at least thirty (30) days' prior written notice via email describing the modifications, and notice will be posted on the main user dashboard, together with a link to the updated version of the Agreement. If Subscriber does not agree to the materially modified terms, Subscriber may terminate this Agreement without penalty upon written notice to Plura prior to the effective date of the changes. Subscriber's continued use of the Service after the effective date of any such changes constitutes acceptance of the new Agreement. The most current version of the Agreement will supersede all previous versions.

9.2 Severability. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

9.3 Assignment. Neither Party may transfer or assign this Agreement or any rights or obligations thereunder, by operation of law or otherwise, without the other Party’s prior written consent. Notwithstanding the foregoing, either Party may assign this Agreement without the other's consent in connection with (i) a merger, acquisition, or sale of all or substantially all of the assigning Party's assets or equity, provided the acquiring entity executes a written assumption of all obligations; or (ii) a financing transaction where assets are pledged as collateral. The non-assigning Party must be notified within ten (10) days of such assignment.

9.4 Force Majeure. Neither party shall be liable for any default or delay in the performance of its obligations hereunder (excluding any payment obligations) if and to the extent that such default or delay arises out of causes beyond their reasonable control, including, without limitation, acts of God, including weather-related phenomena, earthquakes, and floods; fires; acts of war or terrorism; civil disorders, including riots, rebellions, and insurrections; labor disputes, including strikes, lockouts, and work stoppages; medical emergencies, including pandemics and quarantine restrictions; network problems, including cable cuts, power outages, network failures, and computer viruses; and any other catastrophes, national emergencies, or government orders or acts. The time for any performance required hereunder shall be extended by the delay incurred as a result of such force majeure event, and if either party is unable to perform as a result of such event, it shall act with diligence to correct or mitigate such event.

9.5 Enforcement and Waiver. Plura has the right, but not the obligation to, monitor, investigate, restrict, enforce, bring civil litigation, press charges, or engage in any other self-help regarding any actual, attempted, or suspected violation of this Agreement. Plura will determine, in its sole discretion, whether Subscriber violated or attempted to violate any of the provisions hereof. If Plura determines or suspects Subscriber violated or attempted to violate this Agreement, Plura may terminate, suspend, modify, or limit access to the Service. Additionally, Plura may report actual or suspected criminal activity to appropriate law enforcement authorities. Plura will cooperate with law enforcement investigations where criminal activity is suspected, and Subscriber agrees to cooperate with any such investigations. Any waiver of or failure to enforce any provision or prohibition in this Agreement in one instance shall not be construed as a waiver of any provision or right in another instance.

9.6 Entire Agreement. This Agreement, together with all documents and attachments incorporated herein by reference, constitutes the entire agreement between the parties with respect to its subject matter and supersedes all prior or contemporaneous agreements, understandings, representations, and communications, whether written or oral, relating to such subject matter. In the event of any conflict between the body of this Agreement and any Attachment, the body of this Agreement shall control unless the Attachment expressly states otherwise.

9.7 Notices. All notices, requests, consents, and other communications required or permitted under this Agreement shall be in writing and shall be deemed given: (i) when delivered personally; (ii) three (3) business days after being sent by certified or registered mail, return receipt requested, postage prepaid; (iii) one (1) business day after being sent by a nationally recognized overnight courier; or (iv) upon confirmation of transmission, if sent by email. Notices to Plura shall be sent to the address set forth in the preamble to this Agreement, Attn: Legal Department, with a copy by email to legal@plura.ai. Notices to Subscriber shall be sent to the address set forth in the preamble to this Agreement, or to such other address or email as Subscriber has provided to Plura in writing. Either party may update its notice address or email by providing written notice to the other party in accordance with this Section 9.7.

9.8 Counterparts and Electronic Signatures. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, and all of which together shall constitute one and the same instrument. This Agreement may be executed and delivered by electronic signature (including via DocuSign or a similar electronic signature platform) or by electronic transmission of a signed counterpart (including PDF), and any such signature shall be treated as an original signature for all purposes and shall be binding and enforceable to the same extent as a handwritten signature.

Incorporated policies

• Website Privacy Policy
• Platform User Privacy Policy
• Acceptable Use Policy
• Messaging Content Policy (SMS, MMS, and RCS)
• Website Terms of Use