Terms and Conditions

These Terms and Conditions (“T&Cs”) are part of your service agreement with iTalk Mobile Corporation, including its affiliates, assigns, and agents (“iTalk Mobile,” “we,” “us, or “our”) and constitute a contract under which we provide you Service under terms and conditions that you accept. Your service agreement with us includes (i) these T&Cs, (ii) any subscriber agreement or transaction materials that you sign or accept, (iii) the service plan(s) that you choose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction (if your service plan is not specifically set forth in any printed materials, the requirements and terms set forth in the current written services and transaction materials apply, excluding plan charges and number of minutes included in your service plan), (iv) any confirmation materials that we may provide to you, and(v) any other supplemental terms and conditions that we provide or otherwise make available to you. The T&C for the Service are subject to change. For most current version, please visit our website at https://www.italkbb.com/us/chs/terms-conditions.html

Please read these T&Cs carefully.They cover important information about our services provided to you (“Service”); your phone, handset, device, SIM card, data card, or other equipment or third party device used with our Service (“Device”); and any access and usage charges, taxes, fees and other charges we bill you or that were accepted or processed through your Device (“Charges”). These T&Cs include fees for early termination, terms regarding service plan changes and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court.

You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account.Those changes will be binding on you.

Acceptance

YOUR AGREEMENT WITH ITALK MOBILE STARTS WHEN YOU ACCEPT.You represent that you are at least eighteen (18) years old and you are legally authorized to enter into this Agreement. You accept your Agreement by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; (d) paying for the Service or an “iTalk Mobile Device” (a Device purchased from iTalk Mobile, an iTalk Mobile dealer, or other iTalk Mobile authorized retailer (“Dealer”)); (e) opening the iTalk Mobile SIM card package or (f) opening the iTalk Mobile SIM card package or failing to activate Service within thirty (30) days after the purchase of your iTalk Mobile Service including the SIM card. IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS.

Dispute Resolution and Arbitration.

ITALK MOBILE AND YOU EACH AGREE THAT, EXCEPT AS PROVIDED, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICE, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT.This includes any claims against other parties relating to Service or Devices provided or billed to you (such as our suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding. iTalk Mobile and you each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision in the Choice of Law Section). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).

Notwithstanding the above,YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE WHEN YOU ACTIVATED A NEW LINE OF SERVICE (the “Opt Out Deadline”). Your Service is activated six days from the shipping date or the day of your first use, whichever occurs first. You must opt out by the Opt Out Deadline for each line of Service. You may opt out of these arbitration procedures by calling 1-855-482-5566. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.

For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address set forth in the Notices and Customer Communications Section below. iTalk Mobile and you each agree to negotiate your claim in good faith. If iTalk Mobile and you are unable to resolve the claim within sixty (60) days after iTalk Mobile receives your claim description, you may pursue your claim in arbitration. iTalk Mobile and you each agree that if you fail to timely pay amounts due, iTalk Mobile may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the Agreement.

If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see the Notices and Customer Communications Section) to begin arbitration. The American Arbitration Association (“AAA”) will arbitrate all disputes. For claims of less than Seventy-five Thousand Dollars ($75,000.00), the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for claims over Seventy-five Thousand Dollars ($75,000.00), the AAA’s Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org. Upon filing of the arbitration demand, iTalk Mobile and you will share equally all filing, administration and arbitrator fees for claims that total less than Seventy-five Thousand Dollars ($75,000.00). For claims that total more than Seventy-five Thousand Dollars ($75,000.00), the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys’ fees.

CLASS ACTION WAIVER. ITALK MOBILE AND YOU EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, 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. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against iTalk Mobile.

JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, ITALK MOBILE AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.

No Refunds for Pre-Paid Service Plans.

You may cancel any pre-paid Service plan that you purchase from us at any time; provided that you will not receive any refund of amounts paid to us in connection with such Service plan for any service periods up to and including the service period in which you cancel the Service. To avoid charges for the next billing cycle, you must cancel the Service 48 hours before the due date.

Our Rights to Make Changes.

This provision is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE ANY TERMS IN THE AGREEMENT AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES WHEN WE SEND THEM TO YOU OR POST THEM ON OUR INTERNET WEBSITE.

Compatible Devices.

You must use a supported, compatible Device to access the iTalk Mobile network. Failure to use a supported, compatible Device when accessing our Network will result in termination of your Service.

Service.

Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree we are not liable for problems relating to Service availability or quality.

Important Emergency and 9-1-1 Information and Emergency Alerts.

When making a 9-1-1 call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. iTalk Mobile is not responsible for failures to connect or complete 9-1-1 calls or if inaccurate location information is provided. 9-1-1 service may not be available or reliable and your ability to receive emergency services may be impeded. We or our network supplier may use a variety of information and methods to determine the location of a 9-1-1 call, including Global Positioning Satellites, our network supplier’s wireless network, the street address you have provided us as your primary use location (“Primary Address”), or other information. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting a 9-1-1 call and neither iTalk Mobile nor its network supplier determines the public safety agency to which your 9-1-1 call is routed. If you are porting a phone number to or from us, we may not be able to provide you with some Services, such as 9-1-1 location services, while the port is being implemented. If you dial 9-1-1 while outside the U.S., 9-1-1 services may not be available.

Billing.

> You agree to pay all Charges we bill you or that were accepted or processed through your Device. For disputed Charges, see the Your Right to Dispute Charges Section. You agree to provide us with accurate and complete billing information and to report all changes within thirty (30) days of the change. We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time the network begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up). You may be charged for more than one call/message when you use certain features resulting in multiple inbound or outbound calls/messages (such as call forwarding, call waiting, voicemail, conference calling, and multi-party messaging). Most usage and Charges incurred during a billing cycle will be included in your bill for that cycle. Some usage and Charges may be delayed to a later billing cycle, which may cause you to exceed service plan allotments in a later billing cycle. Unused service plan allotments expire at the end of your billing cycle unless otherwise stated in your service plan. Airtime usage applies to all calls processed through your Device, including toll-free, operator-assisted, voice mail, call forwarding and calling card calls. You may be billed additional Charges or fees for certain features and services such as operator or directory assistance, data calls or transfers, messaging, Internet access and applications.

>Data Usage and Messaging. Data usage is rounded up to the next full-kilobyte increment at the end of each data session. At the end of your billing cycle, or at the time you switch data plans, your total kilobytes are then rounded up to the next megabyte. There are 1,024 kilobytes in one megabyte, and 1,024 megabytes in one gigabyte. You will be charged for text, instant or picture messages and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages.

Early Termination

Some plans are month-to-month and some plans require a period of time for which you have agreed to maintain Service with us (“Term”). Periods of suspension of Service do not count toward your Term. After your Term ends, you will become a month-to-month customer. Except for month-to-month customers, AN EARLY TERMINATION FEE WILL APPLY TO EACH LINE OF SERVICE IF YOU DO NOT MAINTAIN YOUR AGREED-UPON SERVICES THROUGH THE END OF YOUR TERM FOR THAT LINE OF SERVICE, OR IF WE TERMINATE YOUR SERVICE EARLY. THE EARLY TERMINATION FEE IS: $60 PER LINE. The Early Termination Fee is part of our rates and is not a penalty. The Early Termination Fee applies only to the extent permitted by law. If you terminate your Service, your termination will be effective at the end of your current billing cycle, and you will remain responsible for all fees and Charges for your Service and usage through the end of that billing cycle. If we terminate your Service, we will determine the date of termination, and you will be responsible for all usage and Charges through the date of termination. You can request us to port your number to another carrier, and Service for that number will be terminated when the porting is complete. If you port your number, you are responsible for all usage and Charges through the end of your current billing cycle.

Data Plans and Other Features.

>You will be charged for data usage on a pay per use basis unless you are required to maintain a data plan (“Data Plan”) as part of your Service, or as otherwise provided by your service plan or prepaid data pass.

>Permissible and Prohibited Uses. Your Data Plan is intended for web browsing, messaging, and similar activities on your Device. Examples of prohibited uses can be found in the Misuse of Service or Device Section.

>Data Usage Level. iTalk Mobile has set a high-speed data usage level (“Usage Level”) for each of its customers. Such Usage Level varies based on the service plan you have selected., we measure your upload and download data usage (“Actual Usage”) to determine if your total Actual Usage, as aggregated over your service period (“Usage Total”), exceeds the Usage Level for the service plan you selected. Please note that “Actual Usage” includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded. For example, if you request that an image to be downloaded to your Device, but travel outside of your network coverage area before the download is complete; such request will be included in your Actual Usage even though the image was never downloaded to your Device. If you exceed your service plan Usage Level, iTalk Mobile and its underlying providers will reduce the speed at which you can send and receive data over the iTalk Mobile network until the end of the applicable service period. Once you begin a new service period, your service plan Usage Level will be reset and your upload and download speeds will be restored. For example, if a customer purchases a service plan that includes unlimited data service, but only includes up to 1 gigabyte of high speed data service during a given month, then the first gigabyte of data requested by that customer in that month will provided at up to 4G speeds (subject to 4G network availability). Any data uploaded or downloaded by that customer in excess of 1 gigabyte will be provided at speeds of 128 kbps or less. Please be aware that your Usage Level is much more likely to exceed your service plan Usage Level if you use peer-to-peer file sharing programs, a webcam, or if you download significant quantities of music files, movies, software applications, or engage in other high-bandwidth activities.

>Protective Measures. To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. If you use your Data Plan in a manner that could interfere with other customers’ service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan. We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we may implement other network management practices, such as caching less data, using less capacity and sizing video more appropriately for a Device to transmit data files more efficiently. These practices are agnostic to the content itself and to the websites that provide it. While we avoid changing text, image, and video files in the compression process when practical, the process may impact the appearance of files as displayed on your Device.

>Downloadable Content and Applications. Content or Applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (collectively, “Content & Apps”) that you can purchase with your Device are not sold by iTalk Mobile. iTalk Mobile is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps may be directed to the third party seller. When you use, download or install Content & Apps sold by a third party seller, you may be subject to license terms between you and third parties. Content & Apps you purchase from third parties are licensed for personal, lawful, non-commercial use on your Device only. You may not transfer, copy, or reverse engineer any Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps. Content & Apps may not be transferable from one Device to another Device. Some Devices or Content & Apps may continue to have contact with our network without your knowledge, which may result in additional Charges, for example, while roaming internationally. Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. iTalk Mobile is not responsible for any third party content, advertisements, or websites you may be able to access using your Device.

>Use of Information. Please refer to iTalk Mobile’s Privacy Policy, as well as the Content & Apps creator/owner’s privacy policy for information regarding their use of information collected when you download, install, or use any third party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps.

>Data Rollover. Unused data from the monthly plan allotment rounds up to the nearest MB and may carries over for the time specified in your plan(“Rollover Data”) for certain qualified plans. Unused Rollover Data automatically expires with any plan change (such as changing data amounts or termination). Rollover Data is always consumed last, after your other data allowances. Unused Rollover Data is not redeemable for cash or credit and is not transferable including to other lines on your account.

Roaming and International Calling.

>a. Roaming. Your Device may connect to another provider's network (“Off-Net”) even when you are within the iTalk Mobile coverage area if you have a qualified service plan. Check your Device to determine if you are Off-Net. There may be extra Charges (including long distance, tolls, data usage) and higher rates for Off-Net usage, depending on your service plan, and your quality and availability of service may vary significantly. You must use your Device predominantly within the iTalk Mobile owned (or iTalk Mobile supplier owned) network coverage area. If your Off-Net domestic voice usage, data usage or messaging usage exceeds your service plan allotment, you will be alerted and your access to Off-Net coverage may be suspended or denied. We may also limit or terminate your Service in our discretion and without prior notice if you no longer reside in a iTalk-Mobile network coverage area, if more than fifty percent (50%) of your voice and/or data usage is Off-Net for any three (3) billing cycles within any twelve (12) month period, if your Off-Net usage makes it uneconomical for iTalk Mobile to provide Service to you, or if related to iTalk Mobile’s or its network supplier’s arrangements with an Off-Net provider.

>b. International Roaming & Dialing. International roaming and dialing are available with some service plans and on some Devices and may require an additional feature on your account. Whether roaming internationally or making and sending international calls and messages while in the U.S. you will be charged international rates (including for voicemails left for you and for data usage). This includes per minute rates for calls and, while roaming internationally, per minute rates for calls transferred to your voicemail and the relevant data rates for data usage. You may be charged for more than one call for unanswered calls that are forwarded to voicemail regardless of whether the calls result in an actual voicemail message being left for you and regardless of whether your phone is on or off. Some Devices and applications may incur usage and Charges while roaming. You may be able to disable these applications and features through your Device settings. Different rates and rounding increments apply in different countries. While roaming internationally, your data throughput may be reduced and your Service may be otherwise limited or terminated at any time without notice.

Taxes, Fees, and Surcharges.

>Taxes and Fees. You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give advance notice of changes to taxes and fees. To determine taxes and fees, we will use the street address you identified as your Place of Primary Use (“PPU”). If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. In the event of a disputed tax jurisdiction location being assigned, any tax refund must be requested within sixty (60) days of our notification to you that the tax has been assessed.

>Surcharges. You agree to pay all Surcharges. Surcharges are not mandated by law, they are iTalk Mobile Charges that are collected and retained by iTalk Mobile. The components and amounts of these Charges are subject to change without notice. Surcharges include, but are not limited to, charges, costs, fees and certain taxes iTalk Mobile incurs to provide Services (and are not government taxes or fees imposed directly on our customers that we must collect by law). Examples include general and administrative fees (such as certain costs we incur to provide Service) as well as governmental-related Surcharges (such as Federal or State Universal Service fees, regulatory fees, and gross receipts taxes). Surcharges will apply whether or not you benefit from the programs, activities or services included in the Surcharge.

Payments, Late Fees, Deposits, and Credit Checks

If we do not receive payment in full by the due date on your bill, your account will be suspended and you may be charged a late fee of the greater of one and one-half percent (1.5%) per month (eighteen percent (18%) annually) or Five Dollars ($5.00) per month, subject to the maximum allowed by law. We may use a collection agency and you agree to pay collection agency fees we incur to collect payment. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe, including late fees. Late payment, non-payment or collection agency fees are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set.

Your Right to Dispute Charges.

Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or Charges to your account within sixty (60) days after the date you first receive the disputed bill or Charge. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. Unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved. For unresolved disputes see the Dispute Resolution and Arbitration Section above. To contact or notify us, see the Notices and Customer Communications Section.

Notices and Customer Communications.

You expressly consent to be contacted, for any and all purposes, at any telephone number, or physical or electronic address you provide to us or that we provide to you. You agree that iTalk Mobile may contact you in any way, including, pre-recorded or artificial voice or text messages delivered by an automatic telephone dialing system, or e-mail messages delivered by an automatic e-mailing system. Notices from us to you are considered delivered when we send them to your Device by text message or otherwise, or by email or fax to any email or fax number you provided to us, or three (3) days after mailing to your billing address. For multi-line accounts, a “Primary Telephone Number” may be assigned to your account for the purpose of receiving notices from us, as well as for other purposes. If you would like to designate a Primary Telephone Number, please contact iTalk Mobile.

You may contact our customer service department at support@italkmobile.com or by 1-855-482-5566. Our address is 7926 Jones Branch Drive, Ste 1100, McLean VA 22102.

Lost or Stolen Devices.

You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your service plan Charges, and applicable taxes, fees and Surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and Charges incurred and applicable taxes and fees. We may prevent a lost or stolen Device from registering on any network. California customers: For Charges incurred before you notify us, you are not liable for Charges you did not authorize, but the fact that your Device or account was used is some evidence of authorization. You may request that we investigate Charges you believe were unauthorized. We may ask you to provide information and you may submit information to support your request. If we determine the Charges were unauthorized, we will credit your account. If we determine the Charges were authorized, we will inform you within thirty (30) days and you will remain responsible for the Charges.

Misuse of Service or Device.

By activating or renewing Service with iTalk Mobile, you agree that you do so because you want Service from iTalk Mobile and not for any other purposes. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) tampering with or modifying your iTalk Mobile Device; (e) “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (f) reselling iTalk Mobile Devices for profit, or tampering with, reprogramming or altering iTalk Mobile Devices for the purpose of reselling the iTalk Mobile Device; (g) using the Service in connection with server devices or host computer applications, including continuous web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (h) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, iTalk Mobile’s or another entity’s network or systems; (i) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g., using a service plan for web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); or (j) assisting or facilitating anyone else in any of the above activities. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms iTalk Mobile, which cannot be fully redressed by money damages, and that iTalk Mobile shall be entitled to immediate injunctive relief in addition to all other remedies available.

Our Rights to Limit or End Service or the Agreement.

WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) incurs Charges greater than any billing or credit limitation on your account (even if we have not yet billed the Charges); (c) provides inaccurate information or credit information we cannot verify; (d) lives in an area where we do not provide Service, more than fifty percent (50%) of your voice and/or data usage is Off-Net for any three (3) billing cycles within any twelve (12) month period, your Off-Net usage makes it uneconomical for iTalk Mobile to provide Service to you, or relating to iTalk Mobile’s or its network supplier’s arrangements with an Off-Net provider (see the Roaming and International Calling Section); (e) transfer(s) Service to another person without our consent; (f) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (g) misuses your Service or Device as described in the Misuse of Service or Device Section above; (h) uses your Service or Device in a manner that is excessive, unusually burdensome, or unprofitable to us; or (i) are on a service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 900 or 976 calls), in our sole discretion and without notice. If your Service or account is limited, suspended or terminated and then reinstated, you may be charged a reactivation fee.

Intellectual Property.

You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of iTalk Mobile or any third party. Except for a limited license to use the Services, your purchase of Services and iTalk Mobile Devices does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of iTalk Mobile or others related to the Services and iTalk Mobile Devices; this intellectual property may be used only with iTalk Mobile Service unless expressly authorized by iTalk Mobile. You agree that a violation of this section harms iTalk Mobile, which cannot be fully redressed by money damages, and that iTalk Mobile shall be entitled to immediate injunctive relief in addition to all other remedies available.

Privacy Information.

Our Privacy Policy governs how we collect and use information related to your use of our Service and is available online at www.italkbb.com/us/en/contact/others/privacy.html We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your Device may automatically be stored on your SIM card, Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our or our supplier’s network servers.

Disclaimer of Warranties.

EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND WE DO NOT AUTHORIZE ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE.

Waivers and Limitations of Liability.

UNLESS PROHIBITED BY LAW, OUR LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE DAMAGES OR OTHER LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OUR SERVICE (INCLUDING THE PROVISION OF OR FAILURE TO PROVIDE SAME), ANY DEVICE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE HAVE BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.

Indemnification.

You agree to defend, indemnify, and hold us harmless from and against any and all losses, claims, liabilities, costs and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and attorneys’ fees and disbursements) as incurred, arising out of or relating to use of the Service or Devices, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.

Enforceability and Assignment.

A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in the Dispute Resolution Section, if any part of the Agreement is held invalid that part may be severed from the Agreement. You cannot assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between iTalk Mobile and you and defines all of the rights you have with respect to your Service or iTalk Mobile Device, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; iTalk Mobile is not a party to that agreement. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion. Every Section excluding the Acceptance, Our Rights to Make Changes, Service Availability, Important Emergency and 9-1-1 Information and Emergency Alerts, Our Rights to Limit or End Service or the Agreement, and Additional Terms Applicable to Post-Paid Plans (b)(d)(e) Sections of this Agreement continue after termination of our Agreement with you.

Choice of Law.

This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of Texas, without regard to the conflicts of laws rules of that state. Foreign laws do not apply. Arbitration or court proceedings must be in the county and state in which your billing address in our records is located, but not outside the U.S. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

Additional Terms Applicable to Post-Paid Plans.

>Your Term of Service and Early Termination Fees.Unless otherwise specified in your plan, you are a month to month customer. If you terminate your Service, your termination will be effective at the end of your current billing cycle, and you will remain responsible for all fees and Charges for Service and usage through the end of that billing cycle. If we terminate your Service for violating this T&C, we will determine the date of termination, and you will be responsible for all usage and Charges through the end of your billing cycle. You can request that we port your number to another carrier, and Service for that number will be terminated when the porting is complete (provided, however, that we make no guarantee that we can port your number to another carrier). If you port your number, you will be responsible for all usage and Charges through the end of your current billing cycle.

>Changes to Your Service. You may be unable to change your service plan, including services and features associated with your service plan. You may request to change to another service plan during your Term, and if we authorize the change, you may be charged a migration fee of up to Two Hundred Dollars ($200.00) for each line of Service, and you may continue to be bound to your existing Term or an extended Term. The amount of the migration fee will decrease as the time remaining on your Term decreases. For specific information about changing your service plan, including migration fee details, call iTalk Mobile.

>Third-Party Service Provider Billing.Your Device can be used to purchase services and products from third-party providers (e.g., games, apps, ringtones, etc.) and Charges for these purchases may be included on your iTalk Mobile bill, or they may be billed to you directly by a third party.

>Credit Checks. You authorize us to obtain information about your credit history from credit-reporting agencies at any time. You understand that a credit inquiry could adversely affect your credit rating. You authorize us to report your payment record to credit-reporting agencies.

>Cancellation and Returns.

>Service Cancellation for Material Alterations of Agreement. IN THE EVENT WE CHANGE ANY OF THE TERMS OF THE AGREEMENT AS PROVIDED IN OUR RIGHT TO MAKE CHANGES SECTION ABOVE, YOU MAY CANCEL THE AFFECTED LINE OF SERVICE IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services (such as 411, or downloads), or taxes and fees); (B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST THIRTY (30) DAYS’ NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN FOURTEEN (14) DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.

>Device Refunds and Restocking Fees. For iTalk Mobile Device and accessory returns and exchanges, see the applicable return policy, which is available at your place of purchase. Some iTalk Mobile Devices and accessories may not be refunded or exchanged and you may be required to pay a restocking fee.

Updated: September 12, 2018

Copyright iTalk Mobile Corporation, 2018

Terms and Conditions - China SIM

These Terms and Conditions ("T&Cs") are part of your service agreement with iTalk Global Communications, Inc., including its affiliates, assigns, and agents ("iTalk" "we," "us, or "our") and constitute a contract under which we provide you service under terms and conditions that you accept. Your service agreement with us includes (i) these T&Cs, (ii) any subscriber agreement or transaction materials that you sign or accept, (iii) the service plan(s) that you choose as set forth in our written services and transaction materials that we provide or refer you to during the sales transaction (if your service plan is not specifically set forth in any printed materials, the requirements and terms set forth in the current written services and transaction materials apply, excluding plan charges and number of minutes included in your service plan), (iv) any confirmation materials that we may provide to you, and (v) any other supplemental terms and conditions that we provide or otherwise make available to you. The T&C for the Service are subject to change. For the most current version, please visit our website at http://www.italkbb.com/us/en/contact/others/terms_BB.html.

Please read these T&Cs carefully. They cover important information about iTalk China SIM services provided to you ("Service"); your phone, handset, device, data card, or other equipment or third party device used with our Service ("Device"); and any access and usage charges, taxes, fees and other charges we bill you or that were accepted or processed through your account. These T&Cs include fees for early termination, terms regarding service plan changes and late payments, limitations of liability, privacy and resolution of disputes by arbitration instead of in court.

You and any authorized users on your account will have access to account information and may be able to make changes to the account. If you give your personal account validation information to someone, they can access and make changes to your account. Those changes will be binding on you.

Acceptance

YOUR AGREEMENT WITH ITALK STARTS WHEN YOU ACCEPT. You represent that you are at least eighteen (18) years old and you are legally authorized to enter into this T&C. You accept your T&C by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating Service; (c) using your Service after you make a change or addition; (d) opening the iTalk SIM card package or (e) opening the iTalk SIM card package or failing to activate Service within thirty (30) days after the purchase of your iTalk Service including the SIM card. IF YOU DO NOT WANT TO ACCEPT, DO NOT DO ANY OF THESE THINGS.

Dispute Resolution and Arbitration.

ITALK AND YOU EACH AGREE THAT, EXCEPT AS PROVIDED, ANY AND ALL CLAIMS OR DISPUTES IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICE, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION OR IN SMALL CLAIMS COURT. This includes any claims against other parties relating to Service or Devices provided or billed to you (such as our suppliers, Dealers or third party vendors) whenever you also assert claims against us in the same proceeding. iTalk and you each also agree that the Agreement affects interstate commerce so that the Federal Arbitration Act and federal arbitration law apply (despite the choice of law provision). THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS' FEES).

Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION IF YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN THIRTY (30) DAYS FROM THE DATE WHEN YOU ACTIVATED A NEW LINE OF SERVICE (the "Opt Out Deadline"). You must opt out by the Opt Out Deadline for each line of Service. You may opt out of these arbitration procedures by calling 1-877-482-5503. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.

For all disputes, whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address set forth in Section 19 below. iTalk and you each agree to negotiate your claim in good faith. If iTalk and you are unable to resolve the claim within sixty (60) days after iTalk receives your claim description, you may pursue your claim in arbitration. iTalk and you each agree that if you fail to timely pay amounts due, iTalk may assign your account for collection, and the collection agency may pursue, in small claims court, claims limited strictly to the collection of the past due amounts and any interest or cost of collection permitted by law or the T&C.

If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent to begin arbitration. The American Arbitration Association ("AAA") will arbitrate all disputes. For claims of less than Seventy-five Thousand Dollars ($75,000.00), the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for claims over Seventy-five Thousand Dollars ($75,000.00), the AAA's Commercial Arbitration Rules will apply. The AAA rules are available at www.adr.org. Upon filing of the arbitration demand, iTalk and you will share equally all filing, administration and arbitrator fees for claims that total less than Seventy-five Thousand Dollars ($75,000.00). For claims that total more than Seventy-five Thousand Dollars ($75,000.00), the payment of filing, administration and arbitrator fees will be governed by the AAA Commercial Arbitration Rules. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief and attorneys' fees.

CLASS ACTION WAIVER. ITALK AND YOU EACH AGREE THAT ANY PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, 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. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding against iTalk.

JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, ITALK AND YOU EACH WAIVE ANY RIGHT TO A JURY TRIAL.

No Refunds for Pre-Paid Service Plans.

In the event that you have a month to month plan, you may terminate your service without paying early termination fee. You may cancel any pre-paid Service plan that you purchase from us at any time; provided that you will not receive any refund of amounts paid to us in connection with such Service plan for any service periods up to and including the service period in which you cancel the Service.

Our Rights to Make Changes.

This provision is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your Service is subject to our business policies, practices, and procedures, which we can change without notice. WE CAN CHANGE ANY TERMS IN THE T&C AT ANY TIME AND YOU AGREE TO BE BOUND BY ALL SUCH CHANGES WHEN WE SEND THEM TO YOU OR POST THEM ON OUR INTERNET WEBSITE.

Compatible Devices.

You must use a supported, compatible Device to access the iTalk network. Failure to use a supported, compatible Device when accessing our Network will result in termination of your Service.

Third Party Providers.

Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. In the event that your mobile service is provided by an affiliated company of iTalk ("iTalk Mobile Services"), you may access certain features at no extra costs. The China SIM Service is not designed to replace or interfere with your current mobile telephone service. For the avoidance of doubt in using any such Provider service you will still be bound by the T&C to the extent they are applicable. ITALKBB DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM THE PERFORMANCE, INCLUDING FAILURE, OF OTHER PARTIES' NETWORKS.

Domestic US Usage.

When you are in the US, to access all the Service benefits available to you, you must have the latest version of the iTalkBB App properly installed. iTalk China SIM Services together with the activated iTalkBB App enable you to RECEIVE and REPLY inbound messages through Wi-Fi and data. However, no outbound messages can be originated from your China phone number. Inbound calls will be automatically forwarded to your mobile device through iTalkBB App. iTalkBB App allows you to make an outbound call to China. Toll charges may be applicable for the inbound and outbound calls made though the iTalkBB App. It is within your discretion to use Wi-Fi, data or minutes for inbound and outbound calls made through iTalkBB App. You may use Wi-Fi or data to RECEIVE or REPLY messages. You are advised that you will be liable for the charges by your Provider for all data and airtime usage. China SIM Services is not a replacement for your ordinary telephone service or mobile service when you are in the US.

Domestic China Usage.

iTalk China SIM Services enable you to use wireless services including calling minutes, messages and data service with a compatible mobile device in Mainland China. When you have a China SIM card properly placed in a compatible device, the China SIM card is automatically activated when you enter China. You agree and acknowledge that you will be charged for data usage, messages and calling minutes on a pay-per-use basis unless you maintain an eligible travel plan ("Travel Plan"). A certain amount of data, messages and calling minutes are allotted to you based on the Travel Plan you selected. You are responsible for monitoring your usage to avoid additional overage charges. You may contact the customer service number 95040-316822 to find out your current usage. However, the usage we inform you may be less than your most current usage. Exceeding the data, message or calling minute limitations, you will be charged at overage rate. For available Travel Plans, pay-per-use rate, overage rate and additional details, visit mobile.italkbb.com.

Service Availability.

Actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. Outages and interruptions in Service may occur, and speed of Service varies. You agree we are not liable for problems relating to Service availability or quality.

Calls to Emergency Services.

Neither your phone number nor your location will be reported to an emergency operator. When making an emergency call, always state the nature of your emergency and provide both your location and phone number, as the operator may not automatically receive this information. In the event that you are in China and you have the China SIM card properly inserted in your mobile device, you may dial local emergency numbers such as 110, 120, 122 and 119 to make an emergency call. iTalk is not responsible for failures to connect or complete emergency calls or if inaccurate location information is provided. Emergency service may not be available or reliable and your ability to receive emergency services may be impeded. We or our network supplier may use a variety of information and methods to determine the location of an emergency call, including Global Positioning Satellites, our network supplier's wireless network, or other information. Even with this information, an emergency operator may not be able to locate you in order to provide emergency services. Other third party entities are involved in connecting an emergency call and neither iTalk nor its network supplier determines the public safety agency to which your emergency call is routed.

Billing.

Charges. You agree to pay all Charges we bill you or that were accepted or processed through your Device. You agree to provide us with accurate and complete billing information and to report all changes within thirty (30) days of the change. We round up any fraction of a minute to the next full minute. Airtime usage is measured from the time the network begins to process a call (before the phone rings or the call is answered) through its termination of the call (after you hang up). You may be charged for more than one call/message when you use certain features resulting in multiple inbound or outbound calls/messages (such as voicemail, conference calling, and multi-party messaging). Most usage and Charges incurred during a billing cycle will be included in your bill for that cycle. Some usage and Charges may be delayed to a later billing cycle, which may cause you to exceed service plan allotments in a later billing cycle. Unused service plan allotments including data, calling minutes and messages expire at the end of your billing cycle. Airtime usage applies to all calls processed through your Device, including toll-free, operator-assisted, voice mail, call forwarding and calling card calls. You may be billed additional Charges or fees for certain features and services such as operator or directory assistance, data calls or transfers, messaging, Internet access and applications. b. Data Usage and Messaging. Data usage is rounded up to the next full-kilobyte increment at the end of each data session. At the end of your billing cycle, or at the time you switch data plans, your total kilobytes are then rounded up to the next megabyte. There are 1,024 kilobytes in one megabyte, and 1,024 megabytes in one gigabyte. You will be charged for text, instant or picture messages, and email whether read or unread, sent or received, solicited or unsolicited. We use filters to block spam messages, but we do not guarantee that you will not receive spam or other unsolicited messages, and we are not liable for such messages.

Data Plans.

>Data Usage Level in China. iTalk has set a high-speed data usage level ("Usage Level") for each of its customers. Such Usage Level varies based on the service plan you have selected, we measure your upload and download data usage ("Actual Usage") to determine if your total Actual Usage, as aggregated over your service period ("Usage Total"), exceeds the Usage Level for the service plan you selected. Please note that "Actual Usage" includes all of your requests to upload or download data, whether or not such data is actually uploaded or downloaded. For example, if you request that an image be downloaded to your Device, but travel outside of your network coverage area before the download is complete, such request will be included in your Actual Usage even though the image was never downloaded to your Device. You agree that you will be liable for any data usage exceeding the data allotment provided to you. Please be aware that your Usage Level is much more likely to exceed your service plan Usage Level if you use peer-to-peer file sharing programs, a webcam, or if you download significant quantities of music files, movies, software applications, or engage in other high-bandwidth activities.

>Protective Measures. To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, iTalk and its underlying providers take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. If you use your data plan in a manner that could interfere with other customers' service, affect our ability to allocate network capacity among customers, or degrade service quality for other customers, we may suspend, terminate, or restrict your data session, or switch you to a more appropriate Data Plan per the request of our service provider. We also manage our network to facilitate the proper functioning of services that require consistent high speeds, such as video calling, which may, particularly at times and in areas of network congestion, result in reduced speeds for other services. Additionally, we may implement other network management practices, such as caching less data, using less capacity, and sizing video more appropriately for a Device to transmit data files more efficiently. These practices are agnostic to the content itself and to the websites that provide it. While we avoid changing text, image, and video files in the compression process when practical, the process may impact the appearance of files as displayed on your Device.

>Downloadable Content and Applications. Content or Applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (collectively, "Content & Apps") that you can purchase with your Device are not sold by iTalk. iTalk is not responsible for the Content & Apps, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the Content & Apps. Unless otherwise stated, any support questions for these Content & Apps may be directed to the third party seller. When you use, download or install Content & Apps sold by a third party seller, you may be subject to license terms between you and third parties. Content & Apps you purchase from third parties are licensed for personal, lawful, non-commercial use on your Device only. You may not transfer, copy, or reverse engineer any Content & Apps, or alter, disable or circumvent any digital rights management security features embedded in the Content & Apps. Content & Apps may not be transferable from one Device to another Device. Some Devices or Content & Apps may continue to have contact with our network without your knowledge, which may result in additional Charges. Software on your Device may automatically shut down or limit the use of Content & Apps or other features or Services without warning. iTalk is not responsible for any third party content, advertisements, or websites you may be able to access using your Device.

>Use of Information. Please refer to iTalk's Privacy Policy, as well as the Content & Apps creator/owner's privacy policy for information regarding their use of information collected when you download, install, or use any third party Content & Apps. We are not responsible for any transmission failure, interruption, or delay related to Content & Apps, or any content or website you may be able to access through the Content & Apps.

>No Roaming. Roaming is not available for your usage within or outside of China.

Automatic Renewal of Annual Plans

Unless otherwise specified in your plan, you have a one (1) year contract plan ("Annual Plan"). On or about the anniversary date of any Annual Plan, the plan will be automatically renewed for an additional one year term by charging your credit card of record, unless not less than thirty (30) days prior to the anniversary date, you provides iTalkBB notice to cancel service or change to a different plan.

Early Termination

For contract plans, if Customer terminates the Service within contract term after the activation, iTalk shall charge an Early Termination Fee to Customer's credit card in the amount of $49.99. If a promotional or plan benefit (such as free months or discounted pricing of service, free installation, rebate, or other incentive) is provided to you at no charge or at a specified discount based on your keeping iTalkBB service for a specific length of time, then, unless otherwise specified in the offer you received, the specified period begins on the order date. If you terminate your service before that period of time expires, you will be invoiced for the amount equals to the promotion or benefits you enjoyed.

Taxes, Fees, and Surcharges.

>Taxes and Fees. You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give advance notice of changes to taxes and fees. To determine taxes and fees, we will use the street address you identified as your Place of Primary Use ("PPU"). If you did not identify the correct PPU, or if you provided an address (such as a PO box) that is not a recognized street address, does not identify the applicable taxing jurisdictions or does not reflect the Service area associated with your telephone number, you may be assigned a default location for tax purposes. In the event of a disputed tax jurisdiction location being assigned, any tax refund must be requested within sixty (60) days of our notification to you that the tax has been assessed.

>Surcharges. You agree to pay all surcharges. Surcharges are not mandated by law, they are iTalk Charges that are collected and retained by iTalk. The components and amounts of these Charges are subject to change without notice. Surcharges include, but are not limited to, charges, costs, fees and certain taxes iTalk incurs to provide Services (and are not government taxes or fees imposed directly on our customers that we must collect by law). Examples include general and administrative fees (such as certain costs we incur to provide Service) as well as governmental-related surcharges (such as, regulatory fees, and gross receipts taxes). Surcharges will apply whether or not you benefit from the programs, activities or services included in the Surcharge.

Payments, Late Fees

If we do not receive payment in full by the due date on your bill, your account will be suspended and you may be charged a late fee of the greater of one and one-half percent (1.5%) per month (eighteen percent (18%) annually) or Five Dollars ($5.00) per month, subject to the maximum allowed by law. We may use a collection agency and you agree to pay collection agency fees we incur to collect payment. If we accept late or partial payments, we do not waive our right to collect all amounts that you owe, including late fees. Late payment, non-payment or collection agency fees are liquidated damages intended to be a reasonable advance estimate of our costs resulting from late payments and non-payments by our customers; these costs are not readily ascertainable and are difficult to predict or calculate at the time that these fees are set.

Terminations and Cancellations.

>Your Term of Service and Early Termination Fees. If you terminate your Service, your termination will be effective at the end of your current billing cycle, and you will remain responsible for all fees , applicable Early Termination Fees and Charges for Service and usage through the end of that billing cycle. If we terminate your Service for violating this T&C, we will determine the date of termination, and you will be responsible for all usage and Charges through the end of your billing cycle.

>Changes to Your Service. You may be eligible for certain promotions and discounts for having other services provided by iTalk or its affiliated company (such as iTalk Mobile services, iTalkBB Home Phone services, and iTalkBB Chinese TV services). If you cancel any of the other iTalk services which qualified you for the discounts, you will no longer be eligible for any promotional price. For specific information about changing your service plan, please visit our website at mobile.italkbb.com.

>Third-Party Service Provider Billing. Your Device can be used to purchase services and products from third-party providers (e.g., games, apps, ringtones, etc.) and Charges for these purchases may be included on your iTalk bill, or they may be billed to you directly by a third party.

>Credit Checks. You authorize us to obtain information about your credit history from credit-reporting agencies at any time. You understand that a credit inquiry could adversely affect your credit rating. You authorize us to report your payment record to credit-reporting agencies.

>Cancellation. IN THE EVENT WE CHANGE ANY OF THE TERMS OF THE AGREEMENT, YOU MAY CANCEL THE AFFECTED LINE OF SERVICE IF: (A) WE CHANGE YOUR PRICING IN A MANNER THAT MATERIALLY INCREASES YOUR MONTHLY RECURRING CHARGE(S) (the amount you agreed to pay each month for voice, data and messaging, which does not include overage, pay-per-use or optional services or taxes and fees); (B) WE MATERIALLY DECREASE THE SERVICE ALLOTMENTS WE AGREED TO PROVIDE TO YOU FOR YOUR MONTHLY RECURRING CHARGE; OR (C) WE MATERIALLY CHANGE A TERM IN THESE T&Cs OTHER THAN PRICING IN A MANNER THAT IS MATERIALLY ADVERSE TO YOU. WE WILL PROVIDE YOU WITH AT LEAST THIRTY (30) DAYS' NOTICE OF ANY CHANGE WARRANTING CANCELLATION OF THE AFFECTED LINE OF SERVICE WITHOUT AN EARLY TERMINATION FEE (WHICH IS YOUR ONLY REMEDY), AND YOU MUST NOTIFY US WITHIN FOURTEEN (14) DAYS AFTER YOU RECEIVE THE NOTICE, OR AS OTHERWISE PROVIDED IN THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THE RELEVANT TIMEFRAME, YOU ACCEPT THE CHANGES.

Your Right to Dispute Charges.

Unless otherwise provided by law, you agree to notify us of any dispute regarding your bill or Charges to your account within sixty (60) days after the date you first receive the disputed bill or Charge. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. Unless otherwise provided by law, you must pay disputed Charges until the dispute is resolved. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved.

Notices and Customer Communications.

You expressly consent to be contacted, for any and all purposes, at any telephone number, or physical or electronic address you provide to us or that we provide to you. You agree that iTalk may contact you in any way, including, pre-recorded or artificial voice or text messages delivered by an automatic telephone dialing system, or e-mail messages delivered by an automatic e-mailing system. Notices from us to you are considered delivered when we send them to your Device by text message or otherwise, or by email or fax to any email or fax number you provided to us, or three (3) days after mailing to your billing address. You may contact our customer service department at support@italkbb.com or by 1-877-482-5503. Our address is 7926 Jones Branch Drive, Ste 120, McLean VA 22102.

Lost or Stolen Devices.

You agree to notify us if your Device is lost or stolen. Once you notify us, we will suspend your Service. After your Service is suspended, you will not be responsible for additional usage charges incurred in excess of your service plan Charges, and applicable taxes, fees and surcharges. If you request that we not suspend your Service, you will remain responsible for all usage and Charges incurred and applicable taxes and fees. We may prevent a lost or stolen Device from registering on any network.

Misuse of Service or Device.

By activating or renewing Service with iTalk, you agree that you do so because you want Service from iTalk and not for any other purposes. You agree not to misuse the Service or Device, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service or Device to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or "denial of service" attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) "spamming" or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (e) using the Service in connection with server devices or host computer applications, including continuous web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, "bots" or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (f) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate, iTalk's or another entity's network or systems; (g) running software or other devices that maintain continuously active Internet connections when a computer's connection would otherwise be idle, or "keep alive" functions (e.g., using a service plan for web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); or (h) assisting or facilitating anyone else in any of the above activities. You agree that you will not install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater or signal booster) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms iTalk, which cannot be fully redressed by money damages, and that iTalk shall be entitled to immediate injunctive relief in addition to all other remedies available.

Our Rights to Limit or End Service or the Agreement.

WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the T&C; (b) incurs Charges greater than any billing or credit limitation on your account (even if we have not yet billed the Charges); (c) provides inaccurate information or credit information we cannot verify; (d) lives in an area where we do not provide Service; (e) transfer(s) Service to another person without our consent; (f) becomes insolvent, goes bankrupt or threatens bankruptcy (except as prohibited by law); (g) misuses your Service as described in Section 21 above; (h) uses your Service in a manner that is excessive, unusually burdensome, or unprofitable to us; or (i) are on a service plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions, in our sole discretion and without notice. If your Service or account is limited, suspended or terminated and then reinstated, you may be charged a reactivation fee.

Intellectual Property.

You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of iTalk or any third party. Except for a limited license to use the Services, your purchase of Services does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of iTalk or others related to the Services; this intellectual property may be used only with iTalk Service unless expressly authorized by iTalk. You agree that a violation of this section harms iTalk, which cannot be fully redressed by money damages, and that iTalk shall be entitled to immediate injunctive relief in addition to all other remedies available.

Privacy Information.

Our Privacy Policy governs how we collect and use information related to your use of our Service ("Privacy Policy") and is available online at www.italkbb.com/us/en/contact/others/privacy.html. We may change our Privacy Policy without notice; however, if we change our policy to allow use or disclosure of personal information in a way that, in our sole determination, is materially different from that stated in the policy at the time the data was collected, we will post notice in advance of the change. Data on your Device may automatically be stored on your SIM card, Device or our network. Your data may remain on the Device even if your SIM card is removed; the data left on your Device will be accessible to others who use your Device, and may be deleted, altered, or transferred to our or our supplier's network servers. You acknowledge and agree that we may provide your personal information to third party service providers to continuously provide you with the Service.

Disclaimer of Warranties.

EXCEPT TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN WRITING, AND TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND DEVICES ARE PROVIDED ON AN "AS IS" AND "WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE OR YOUR DEVICE. WE DO NOT PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND WE DO NOT AUTHORIZE ANYONE TO MAKE ANY REPRESENTATIONS OR WARRANTIES ON OUR BEHALF. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE.

Waivers and Limitations of Liability.

UNLESS PROHIBITED BY LAW, OUR LIABILITY FOR DAMAGES OR OTHER MONETARY RELIEF FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS STRICTLY LIMITED TO NO MORE THAN THE AMOUNTS ACTUALLY PAID BY YOU TO US FOR THE SERVICE FROM WHICH THE DAMAGES OR OTHER LIABILITY AROSE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. YOU EXPRESSLY AGREE THAT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, EXEMPLARY OR PUNITIVE DAMAGES ARISING OUT OF OUR SERVICE (INCLUDING THE PROVISION OF OR FAILURE TO PROVIDE SAME), ANY DEVICE, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT OR THE SUBJECT MATTER HEREOF, REGARDLESS OF THE FORM OF ACTION AND WHETHER OR NOT WE HAVE BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN TWO (2) YEARS OF THE DATE THE CLAIM ARISES.

Indemnification.

You agree to defend, indemnify, and hold us harmless from and against any and all losses, claims, liabilities, costs and expenses (including taxes, fees, fines, penalties, interest, expenses of investigation and attorneys' fees and disbursements) as incurred, arising out of or relating to use of the Service or Devices, breach of the T&C, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service or Device.

Enforceability and Assignment.

A waiver of any part of the T&C in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we do not enforce our rights under any provisions of the T&C, we may still require strict compliance in the future. Except as provided in Section 2, if any part of the T&C is held invalid that part may be severed from the T&C. You cannot assign the T&C or any of your rights or duties under it without our written consent. We may assign all or part of the T&C or your debts to us without notice. The T&C is the entire agreement between iTalk and you and defines all of the rights you have with respect to your Service or iTalk Device, except as provided by law, and you cannot rely on any other documents or statements by any sales or service representatives or other agents. If you purchase a Device, services or content from a third party, you may have a separate agreement with the third party; iTalk is not a party to that agreement. Any determination made by us pursuant to this T&C, shall be in our sole reasonable discretion.

Choice of Law.

This T&C is governed by the Federal Arbitration Act, applicable federal law, and the laws of Texas, without regard to the conflicts of laws rules of that state. Foreign laws do not apply. Arbitration or court proceedings must be in the county and state in which your billing address in our records is located, but not outside the U.S. If any provision of the T&C is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction.

Updated: December 4, 2018

Copyright iTalk Mobile Corporation, 2018

iTalkBB Chinese TV

This agreement ("Agreement") is between Beijing Capital Online Network Technology Company, Ltd and an end user ("you," or "Customer"). iTalk Global Communications, Inc. is the Exclusive Authorized Sales Agent for all Capital Online IPTV products and services in North America ("Agent"). Under a license agreement between Agent and Capital Online, the brand name "iTalkBB Chinese TV" shall be used to identify Capital Online and all IPTV services offered in North American by Capital Online through Agent, including any connection device or equipment related to such service ("Service"). All Services are governed by the terms and conditions of this Agreement. It is understood and agreed that Agent is authorized by Capital Online to provide any and all marketing, sales, billing, customer service and technical services related to the Service. Agent has no control over Service content or any intellectual property rights or obligations relating to such content.

ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT ARE HEREBY REPLACED BY THIS AGREEMENT.

The rates and charges for the Service, which may be found at www.italkbb.com, are effective as of August 15, 2013 and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your services, please visit our website at http://www.italkbb.com.

Term

Service is offered on a monthly or an annual basis beginning on the date Customer activates service and continues for the duration of term described in the Service Plan selected by Customer. The Service is automatically renewed for the same Plan and Term unless Customer provides iTalkBB Chinese TV or its Agent notification of intent to terminate the Service prior to the end of a service month for a monthly Plan or not less than thirty (30) days prior to anniversary date of an annual Plan.

Authorized User, Use and Responsibility

Customer acknowledges that he or she has legal authority to enter into this Agreement and affirms that the information Customer supplies are accurate and complete. Customer understands that iTalkBB Chinese TV and its Agent rely on the information Customer supplies and that incorrect information may cause provisioning or delivery delays or suspension or termination of Service. Neither iTalkBB Chinese TV nor its Agent shall be responsible for such delays, suspension or termination. Customer agrees to promptly notify iTalkBB Chinese TV or its Agent of any change in Customer's billing or personal information.

Equipment – Deposit - Repair

To provide Services, iTalkBB Chinese TV or its Agent will provide a Set-Top Box and related equipment required to receive the Service ("Equipment"). All shipments of Equipment are F.O.B. iTalkBB Chinese TV's shipping facilities. Customer agrees to pay Shipping and Handling Fees for Equipment shipped to Customer.

For customers in the United States, iTalkBB Chinese TV:

You shall be the owner of the Equipment when it is shipped from iTalkBB Chinese TV's facility, and bear all risk of loss for theft, casualty, or damage to the Equipment from the time it is shipped to you until the time (if applicable) that it is returned by you and accepted by iTalk. There is no equipment deposit when subscribing for Services. iTalkBB Chinese TV will charge all Customers a Deactivation Fee in the amount of $69.99 when Customer disconnects the Service for any reason or iTalkBB Chinese TV terminates the Service under the terms of this Agreement. If Customer returns the Equipment to iTalkBB Chinese TV and the Equipment is accepted by iTalkBB Chinese TV, the Deactivation Fee will be waived by iTalkBB Chinese TV. iTalkBB Chinese TV or its Agent will repair or replace defective Equipment if such defect is not caused by misuse, abuse or improper operation by Customer. Customer agrees not to change any serial number or Equipment identifier, or to alter any Equipment without the express written consent of iTalkBB Chinese TV or its Agent. Customer is responsible to acquire at his or her sole expense all other equipment, devices, circuits, bandwidth, cable or wireless services or other devices or systems required by Customer to receive the Services. iTalkBB Chinese TV or its Agent reserve the right to terminate Customer's service if you tamper with the Equipment and you will be responsible for all charges in the then current service period plus an Early Termination Fee and Deactivation Fees. iTalkBB Chinese TV will repair or replace defective Equipment if such defect is not caused by misuse, abuse or improper operation by Customer. Customer shall pay Shipping and Handling fees for all shipping related to equipment and accessories.

Service - Usage

Customer acknowledges that he or she has purchased Service under the plan selected by Customer ("Plan") for Customer's normal, personal, residential, non-business and non-professional use. iTalkBB Chinese TV and its Agent reserve the right to immediately terminate Customer's Service, if iTalkBB Chinese TV or its Agent determines, in its sole discretion, that Customer is using the Service for purposes other than normal residential purposes. Customer agrees to use the Service and Equipment only for lawful purposes. Customer agrees not to use the Services for any communication of any kind which in iTalkBB Chinese TV or its Agent's sole discretion would constitute a criminal offense or otherwise constitute a violation of any local, state, federal or international law or encourage conduct which would violate any such law. Customer may not resell or transfer the Services or the Equipment to any other person without the prior written consent of iTalkBB Chinese TV or its Agent, which consent may be withheld in iTalkBB Chinese TV or its Agent's sole discretion.

Billing, Charges and Payment

Credit Card Payment.

Upon purchase, Customer must provide iTalkBB Chinese TV or its Agent a valid credit card number from an accepted issuer. Customer authorizes iTalkBB Chinese TV or its Agent to charge the credit card number ("Credit Card") for all charges arising from Customer's use of the Services. Customer shall notify iTalkBB Chinese TV or its Agent of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address.

Activation Fee.

After subscription for the Service, Customer will be charged an Activation fee on the Credit Card.

Invoicing.

iTalkBB Chinese TV or its Agent will provide Customer with a monthly on-line invoice for Services and bill all charges invoiced to Customer's account to the Credit Card. Charges shall include monthly/annual service fees, other usage fees, shipping/handling charges, applicable fees, surcharges, system access fees, and all other applicable charges. Such charges are in addition to your iTalkBB Chinese TV service charges and will be billed to your account according to the plan or payment method you have selected. No such fees or charges shall be included in any refund under this Agreement.

All additional Services ordered by Customer will be charged on the Credit Card at the end of each of each service month. Billing for monthly/annual Service fees and other applicable charges commences upon purchase of Services, and the first month's monthly Service fees will be prorated to take into account any partial month of Service. Activation occurs when Customer's Equipment is registered to iTalkBB Chinese TV's systems ("Activation").

Billing Disputes.

Customer must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice. Customer understands and agrees that Customer's failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.

Late Payment - Non-Payment.

If any charges for Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, iTalkBB Chinese TV or its Agent may suspend or terminate the Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% or the maximum allowed by law. If charges cannot be processed to the Credit Card, Customer will be charged a fee of ten dollars ($10.00). Neither suspension nor termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement.

Automatic Renewal.

Prices, fees surcharges and rates for Service and Equipment do not include customs duties, regulatory recovery fees, governmental surcharges, sales, use, value added, excise, federal, state, local, public utility or other similar regulatory and governmental fees and taxes. All such fees and taxes, which are applicable, shall be paid by Customer and will be added to any amounts otherwise owing by Customer under the Agreement. No such fees or taxes shall be included in any refund to Customer under the Agreement.

Taxes.

After subscription for the Service, Customer will be charged an Activation fee on the Credit Card.

Credits.

Customer acknowledges and agrees that the Services are provided "as is, where is". No credit allowances shall be made for interruption of Service.

Promotions.

iTalkBB Chinese TV or its Agent may, in its sole discretion, from time to time offer promotions or discounts on fees. Customer must enter any promotion or discount codes upon initial purchase of the Services.

Termination of Service

iTalkBB Chinese TV and its Agent reserve the right to suspend or discontinue providing the Service or Customer's Service at any time in its sole discretion. If the Service is terminated by iTalkBB Chinese TV or its Agent, for any reason other than a breach or action of Customer, you will be liable for all charges accrued through the date of termination and a Deactivation Fee. If the Service is terminated as a result of a breach or other action of Customer, you will be liable for the entire month in which the termination occurs and Deactivation Fees. All such charges shall be immediately due and payable.

Charges for Changes in Plans

iTalkBB Chinese TV or its Agent will charge Customer's Credit Card a Plan Change Fee if Customer chooses to change Plan from any Plan with a Monthly Fee lower than the former Plan or the change from an Annual Plan to a Monthly Plan.

Changes to the Agreement, Services or Plan

iTalkBB Chinese TV and its Agent reserve the right to change the Agreement, Services or Plan at any time ("Change"). Changes will be posted on www.iTalkBB.com thirty (30) days before the effective date of the Change. Notice is deemed received by Customer and Changes will be binding on Customer on the date such Change(s) is posted on the website. Customer is deemed to have accepted the Change(s) unless Customer terminates the Service prior to the effective date of the Change or uses the Service after the effective date of the Change. If Customer elects to terminate the Services, Customer will be liable for all amounts due. Customer may, at any time, request a change of Plan subject to charges associated with such change of Plan. iTalkBB Chinese TV or its Agent may reduce its prices for Services or Plans without prior notice to Customer.

Cancellation – Recovery of Discounts - Early Termination Fee– Deactivation Fee

Customer may cancel the Service at any time. All outstanding charges and fees shall be immediately payable upon cancellation. Neither iTalkBB Chinese TV nor its Agent will prorate or refund any remaining monthly or annual subscription fees upon cancellation prior to the end of any Plan term. If a Customer cancels the Service prior to the end of any contract period, iTalkBB Chinese TV or its Agent will charge Customer's credit card in an amount to recover any promotional discounts, fee waivers or any other charges which were discounted or waiver as a condition of Customer's use of the Service. If a Customer cancels prior to the end of any contract period, an "Early Termination Fee" in the amount of $99 will be charged to Customer's credit card. If Customer terminates Service at the end of Plan Term, a Deactivation Fee in the Amount of 69.99 will be charged. If Customer returns the Equipment in good working order within 15 days after cancellation or termination, iTalkBB Chinese TV will waiver the Deactivation Fee.

Technical Support – Disruption of Service

iTalkBB Chinese TV or its Agent will provide technical support for Services and Equipment described in this Agreement during its normal business hours. In no event will iTalkBB Chinese TV or its Agent be liable for any failure or interruption of Service resulting in part or entirely from circumstances beyond its reasonable control.

Programming – Disclaimer

Customer acknowledges that iTalkBB Chinese TV may be required to make reasonable modification to programming or the Service to comply with regulations, laws or production requirements beyond its control. Neither iTalkBB Chinese TV nor its Agent assumes any liability for any program or information distributed over the systems unless locally produced by iTalkBB Chinese TV. Neither iTalkBB Chinese TV nor it Agent shall be responsible for any products, merchandise or prizes promoted on or purchased through the use of the Service, unless the product, merchandise or prize is provided directly by iTalkBB Chinese TV or its Agent.

Limitation of Liability, Warranty and Indemnification

DISCLAIMER OF DAMGAES. NEITHER ITALKBB CHINESE TV NOR ITS AGENT SHALL, IN ANY EVENT OR CIRCUMSTANCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, IN CONNECTION WITH CUSTOMER'S USE OF THE SERVICES OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT.

NEITHER ITALKBB CHINESE TV NOR ITS AGENT MAKES ANY EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES OR EQUIPMENT AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OR IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE OR USE. NEITHER ITALKBB CHINESE TV NOR ITS AGENT HAS NOT AUTHORIZED ANY PERSON OR ENTITY TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT AS A WARRANTY BY ITALKBB CHINESE TV OR ITS AGENT.

NEITHER ITALKBB CHINESE TV NOR ITS AGENT WILL BE LIABLE FOR ANY FAILURE OF PERFORMANCE DUE TO ANY CAUSES BEYOND ITS CONTROL OR FOR ANY POWER OUTAGE, INTERNET INTERRUPTION, EQUIPMENT FAILURE, DELAY IN INSTALLATION, ACTIVATION OR COMMENCEMENT OF SERVICE. WITH RESPECT TO ANY OTHER LEGAL CLAIM OR DISPUTE, THE LIABILITY OF ITALKBB CHINESE TV OR ITS AGENT SHALL BE LIMITED TO THE LESSER OF ACTUAL DAMAGES OR ONE THOUSAND DOLLARS $1,000. NEITHER ITALKBB CHINESE TV NOR ITS AGENT WILL BE LIABLE FOR ANY ACT OR OMISSION BY ANY OTHER PERSON OR ENTITY FURNISHING SERVICES OR PRODUCTS RELATED TO THE SERVICES OR EQUIPMENT OR FOR DAMAGES ASSOCIATED WITH SERVICE OR EQUIPMENT NOT PROVIDED BY ITALKBB CHINESE TV OR ITS AGENT.

Customer hereby agrees to indemnify and hold harmless iTalkBB Chinese TV, its Agent and their respective officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability related in any way to Customer's use of Services or Equipment arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service.

Governing Law and Dispute Resolution

>This Agreement shall be governed by the laws of the Province of Ontario without regard to conflict of law provisions of any other state or jurisdiction. Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of the Ontario, Canada.

>All claims or disputes between Customer and iTalkBB Chinese TV or its Agent arising in any way whatsoever out of the Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The National Arbitration Rules shall apply to all disputes. The arbitration shall be conducted in Toronto, Ontario in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer's individual capacity and that Customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.

Copyrights

All software utilized or provided by iTalkBB Chinese TV or its Agent in connection with the Services or Equipment shall be and at all times remain sole property of iTalkBB Chinese TV or its Agent and is protected by copyright laws and international treaties.

NOTIFICATION OF COPYRIGHT INFRINGEMENT

iTalkBB Chinese TV respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, the text of which may be found on the U.S. Copyright Office website at http://www.copyright.gov/legislation /dmca.pdf, iTalkBB Chinese TV will respond expeditiously to claims of copyright infringement committed using iTalkBB Chinese TV service that are reported to service@coopen.cn.

If you are a copyright owner, or are authorized to act on behalf of one or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through iTalkBB Chinese TV service, website or applications (any and all of the foregoing the "Service") by completing the following DMCA Notice of Alleged Infringement and delivering it to iTalkBB Chinese TV as specified below. Upon receipt of Notice as described below, iTalkBB Chinese TV will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged use from the Service.

DMCA Notice of Alleged Infringement ("Notice")

>Identify the copyrighted work that you claim has been infringed, or –if multiple copyrighted works are covered by this Notice,- you may provide a representative list of the copyrighted works that you claim have been infringed.

>Identify the material you claim is infringing (or to be the subject of infringing activity) that is to be removed or access to which is to be disabled, including at a minimum, if applicable, the URL of the link shown on the website where such material may be found.

>Provide your mailing address, telephone number, and, if available, email address.

>Include both of the following statements in the body of the notice:" I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)." "I hereby state that the information In this Notice is accurate and ,under penalty of perjury ,that I am the owner , or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."

>Provide your full legal name and your electronic or physical signature.

Deliver this Notice, with all items completed to bo.li@net263.com

Copyrignt agent,18th Floor, Jianda Building, No. 14 East Tucheng Rd., Chaoyang District, Beijing 100013, P.R.C. tel: (010) 84291263-8021

Force Majeure

Neither iTalkBB Chinese TV nor its Agent shall be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control.

Assignment

Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. iTalkBB Chinese TV or its Agent may assign this Agreement at in time and in its sole discretion.

Entire Agreement

This Agreement constitutes the entire understanding and agreement between iTalkBB Chinese TV and Customer and supersedes all prior written or oral agreements related in any way to the subject matter hereof.

Updated: January 17, 2017

Copyright iTalk Mobile Corporation, 2017

iTalkBB Home Phone

This agreement ("Agreement") is between iTalk Global Communications Inc. ("iTalkBB") and an end user ("you," or "Customer") of iTalkBB's communications services and any IP telephone, analog telephone adapter or any other IP connection device or related products or services ("iTalkBB Home Phone Service"). All Services are governed by the terms and conditions of this Agreement.

ADDITIONAL OR CONFLICTING TERMS AND CONDITIONS ON ANY DOCUMENT RELATED TO THE SUBJECT MATTER OF THIS AGREEMENT ARE HEREBY REPLACED BY THIS AGREEMENT.

The rates and charges for the Service, which may be found at www.italkbb.com, are effective as of August 15, 2013 and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your services, please visit our website at www.italkbb.com.

Term

Service is offered on a monthly basis beginning on the date Customer activates service and continues for the duration of that calendar month. The Service is automatically renewed unless Customer provides iTalkBB notification of intent to terminate the Service not less than thirty (30) days prior to effective date of termination as set forth in Section 7 below.

Emergency Services - 911 Dialing

The safety and security of customers is of the utmost importance to iTalkBB. iTalkBB is happy to announce that it now offers 911 Emergency Dialing Services to its customers. However, iTalkBB's Emergency Dialing Services are VoIP based services, and therefore, are subject to certain limitations and outage factors that are different from traditional 911 accesses. It is important that you read, understand and inform all residents and guests of these important limitations.

CUSTOMER ACKNOWLEDGES THAT THE SERVICES DO NOT SUPPORT TRADITIONAL 911 ACCESS TO EMERGENCY SERVICES. WHERE AVAILABLE, ITALKBB SERVICES DO INCLUDE E911 ACCESS TO EMERGENCY SERVICES, AND IN GEOGRAPHICAL AREAS WHERE E911 IS NOT AVAILABLE, ITALKBB SERVICES INCLUDE EMERGENCY DIALING. WHERE E911 IS AVAILABLE, A 911 CALL IS ROUTED DIRECTLY TO 911 DISPATCHERS. WHERE E911 IS NOT AVAILABLE, 911 CALLS ARE ROUTED TO GENERAL EMERGENCY TELEPHONE NUMBERS AND THE CALLER MAY BE REQUIRED TO VERBALLY STATE HIS OR HER ADDRESS. THE CALL IS THEN ROUTED TO THE APPROPRIATE EMERGENCY SERVICE DISPATCHER. ITALKBB ADVISES CUSTOMER TO MAINTAIN OR ACQUIRE AN ALTERNATIVE MEANS OF ACCESSING 911 SERVICES. YOU AGREE TO ADVISE ALL HOUSEHOLD RESIDENTS, GUESTS AND OTHER PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE SERVICE OF EACH OF THE LIMITATION OF THE ITALKBB EMERGENCY DIALING SERVICE AND OF AN ALTERNATIVE MEANS OF 911 DIALING.

IMPORTANT EMERGENCY DIALING LIMITATIONS

Customer understands and acknowledges that the iTalkBB emergency dialing feature cannot be used in conjunction with an iTalkBB "Virtual Telephone Number". An iTalkBB Virtual Telephone Number is assigned to each customer. The number always includes an area code of 899. These Virtual Telephone Numbers are NOT loaded into national emergency databases and will not function to access emergency services. All customers must purchase a Public Switched Telephone Network (PSTN) traditional telephone number from iTalkBB in order to access iTalkBB Emergency Services. Customer further acknowledges that iTalkBB Services do not function with outdialing services including home security systems, medical monitoring equipment, fax machines or satellite television systems.

REGISTRATION OF PHYSICAL LOCATION REQUIRED

For each PSTN phone number that you use for the Services, you must provide the physical location where you will be using the Service. IF YOU FAIL TO PROVIDE A PHYSICAL ADDRESS TO ITALKBB, YOU WILL NOT BE ABLE TO UTILIZE 911 SERVICES AND YOU AGREE TO WAIVE ANY CLAIM OF LIABILTIY AGAINST ITALKBB. When you move the Equipment (Equipment refers to the iTalkBB Adapter sent to you by iTalkBB), you must register your new physical location with iTalkBB. All 911 calls are directed to emergency responders based upon the address you register with iTalkBB. If you move the Equipment and do not register the new physical location, emergency responders will be dispatched to your previous physical address.

SERVICE OUTAGES; BROADBAND OUTAGES; CONGESTION; AND SERVICE INTERRUPTION

iTalkBB emergency dialing services will not function in the event of a power outage or other interruption to your electricity service until the power supply is fully restored. Following a power disruption, you may need to reset your Equipment before the iTalkBB Service, including the emergency dialing service will function properly. Service outages or suspensions or terminations of service by your broadband provider or ISP will prevent the Service, including the iTalkBB emergency dialing service from functioning. Any interruption in your internet access will prevent you from placing 911 calls during the interruption. Broadband phone service is inherently subject to more network congestion and reduced speed in the routing of 911 calls than traditional 911 dialing over traditional public telephone networks. In the event that your iTalkBB account is suspended or terminated for any reason, your iTalkBB Service, including iTalkBB emergency dialing service will not function.

DISCLAIMER OF LIABILITY AND INDEMNIFICATION

iTalkBB does not control how 911 calls are answered or handled by any local emergency response center. iTalkBB disclaims all responsibility for the actions and conduct of any and all national and local emergency response centers. iTalkBB relies entirely upon third parties to route 911 calls to local and national emergency response centers. iTalkBB disclaims any and all liability or responsibility in the event such third party data used to route the call is incorrect or produces an erroneous result. Neither iTalkBB nor its office , directors or employees may be held liable for any claim, damage or loss and you hereby waive any and all such claims or causes of action arising from or related to the Services unless such claims arose from iTalkBB's gross negligence, recklessness or willful misconduct. You, on your own behalf and on behalf of any third party, hereby agree to defend, indemnify and hold harmless iTalkBB, its officers, directors, employees and agents from and against any and all claims, losses, damages, fines, penalties, costs and expenses (including attorneys' fees) relating to the absence, failure or outage of the Service, including the iTalkBB emergency dialing service or access to emergency service personnel.

CANCELLATION OR TERMINATION OF SERVICE

If you cancel your iTalkBB Service or, if iTalkBB terminates your iTalkBB Service for any reason, you will no longer have access to 911 Emergency Dialing Services.

UNDERSTANDING, ACKNOWLEDGEMENT AND ALTERNATIVE 911 SERVICE:

You hereby acknowledge your understanding of the limitations of the iTalkBB emergency dialing services described above. In the event that you are not completely comfortable with the limitations of the Service, including the iTalkBB emergency dialing service, you should immediately take action to acquire an alternative means to access 911 services or you should immediately terminate the Services.

Incompatibility with Other Devices

You acknowledge that iTalkBB Service may not be compatible with all non-voice communications equipment, including without limitation, home security systems, TTY, medical monitoring equipment, certain versions of TIVo, satellite television systems, PBX, Centrex, other private telephone networks, or computer modems. You waive any claim against iTalkBB for interference with or disruption of these services and equipment, as well as any claim that iTalkBB is responsible for any disruption of your business, if applicable.

While iTalkBB Service may work with a home alarm system, iTalkBB does not recommend it. If for any reason you lose broadband connectivity due to a power outage or problem with your Internet provider, iTalkBB Services will not work and your alarm system will not be able to make an emergency call. For this reason, iTalkBB recommends you keep a basic landline dedicated to your home alarm system and use iTalkBB Services for your other calling needs.

Equipment and Devices

To provide Services, iTalkBB may provide equipment or IP devices to Customer ("Equipment"). All shipments are F.O.B. iTalkBB's facilities. You shall be the owner of the Equipment, and bear all risk of loss for theft, casualty, or damage to the Equipment. Customer agrees not to change any serial number or Equipment identifier, or to alter any Equipment without the express written consent of iTalkBB. iTalkBB reserves the right to terminate Customer's service should you tamper with the Equipment and you will be responsible for all charges in the then current service period plus Early Termination and Deactivation Fee.You agree and acknowledge that you will use the Equipment provided to you by and from iTalk. iTalk reserves the right to suspend and cancel your service where you failed to use the Equipment provided by iTalk.

Money Back Guarantee - Trial Period - Cancellation Policy

iTalkBB offers a thirty (30) day trial period ("Trial Period") to new Customers for their first iTalkBB account. The Trial Period commences on the "Activation Date". The Activation Date is the first to occur of the date that is seven (7) days after the date customer signs up for iTalkBB Service or the date Customer places the first call on the iTalkBB Service. If Customer is not satisfied with the Service, Customer may terminate the iTalkBB Service at any time during the Trial Period and obtain a refund of the monthly service fees or activations charges if applicable. The Trial Period refund does not apply to toll usage (charges for calls to any country or region that is not included in an unlimited calling plans selected by Customer) or any local, state or federal taxes charged to Customer If customer does not send the iTalkBB Home Phone Adapter to iTalkBB Cancellation Department within 7 days after calling to terminate service, or if iTalkBB does not receive return packages within 15 days after cancellation date a Deactivation Fee at amount of $59.99 will apply. To obtain a Trial Period refund, Customer must: (a) Call iTalkBB within thirty (30) days of the Activation Date at 1-877-482-5503 and obtain an Equipment return authorization and return address from iTalk's customer care department, and (b) Mail the Equipment to iTalkBB within seven (7) days after calling to terminate service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Equipment returned to our local offices will not be processed. If iTalkBB does not receive the returned Equipment within fifteen (15) days after the termination date, no refunds will be made to Customer, the Deactivation Fee of $59.99 will not be refunded to Customer. Upon receipt of the Equipment by iTalk, the amount of the Trial Period refund will be calculated based on the usage by Customer during the Trial Period as follows: (a) Customers using fewer than 500 minutes during the Trial Period will receive a refund of Activation Fee if applicable; plus the full amount of the Monthly fees previously charged to customer's credit card. The Shipping and Handling Fee is not refundable, and (b) Customers using 500 or more minutes during the Trial Period will receive a refund of Activation Fee if applicable; the Shipping and Handling fee is not refundable. No monthly fee is refunded to Customers using 500 or more minutes prior to termination. No charges for toll calls are refunded to any customer at any time. Early Termination fees do not apply if Customer terminates service during the Trial Period and all conditions of this Section 4 are satisfied. Early Termination fees do not apply if Customer terminates a non contract plan at any time and all conditions of this Section 4 are satisfied.

Service - Usage

iTalkBB Reasonable Residential Use Policy

iTalkBB has developed the following Reasonable Residential Use Policy to describe permissible uses of its service, and to prevent exploitation, fraud, and abuse of its unlimited calling plans and features. This policy is applicable to all iTalkBB residential services.

Reasonable Residential Use

Unless Customer purchases iTalkBB Small Business Plan, Customer acknowledges that he or she has purchased residential services and features under one of iTalk's plan offerings ("Plan") for Customer's personal, residential, non-business and non-professional use. Customer agrees that iTalk's residential service is intended for use by Customer and his or her immediate family. If your Plan allows you to extend the service or feature(s) to one or more mobile, land or VoIP numbers, such use is also considered to be use under the Plan and subject to iTalk's Reasonable Residential Use Policy.

Impermissible Use(s)

Each of the following is considered to be outside normal residential use:

>use by or for others who are not members of Customer's immediate family residing in Customer's home

>business use of any type, including home office businesses

>operating a customer care, support or call center

>resale to others

>auto-dialing or fax/voice blasts

>telemarketing

>all other non residential uses

Monthly usage which is 30% higher than the average usage by iTalk residential customers is considered unusual and excessive usage and is subject to evaluation by iTalk. In addition, usage involving specific numbers called, average call durations, forwarding and transferring, conferencing and unusually short duration calling may, constitute impermissible use(s) of iTalk Plan services.

Based on these factors, iTalk may determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps including but not limited to suspend or terminate your service to enforce this Reasonable Residential Use Policy.

For Lawful and Appropriate Purposes Only

You may not use our service or devices in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate our service or use our service to violate any law, rule, regulation or any third party's intellectual property or personal rights. This section and iTalk's enforcement provisions shall apply to all iTalkBB Plans, including, without limitation, the iTalkBB Small Business Plan.

iTalk's Enforcement of its Policies

iTalkBB reserves the right to review and evaluate all customer accounts and to take action if an account is outside of its Reasonable Residential Use Policy or involves impermissible, detrimental or unlawful use. iTalkBB may assess abnormal usage based on comparisons to the usage patterns and levels of our other customers. If any customer's use is determined by iTalk, in its sole discretion, to be outside of its Reasonable Residential Use Policy, iTalkBB reserves the right to transfer the customer's account to an appropriate business Plan, charge more appropriate rates for actual usage or to suspend or terminate service with or without notice. If any customer's use is determined to be unlawful, iTalkBB will immediately suspend or terminate the service with or without notice. iTalkBB will notify all proper authorities of any illegal use of iTalk's service and will cooperate with all such authorities regarding investigation and prosecution. iTalkBB hereby reserves all of its legal rights.

Changes

iTalkBB reserves the right to change its Reasonable Residential Use Policy at any time without notice. Any such changes shall become effective when posted to iTalk's websites.

Billing, Charges and Payment

Credit Card Payment

Upon purchase, Customer must provide iTalkBB a valid credit card number from an accepted issuer (see iTalk's website for accepted issuers). Customer authorizes iTalkBB to charge the credit card number ("Credit Card") for all charges arising from Customer's use of the Services. Customer shall notify iTalkBB of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address.

Invoicing

iTalkBB will provide Customer with a monthly on-line invoice for Services and bill all charges invoiced to Customer's account to the Credit Card. Charges shall include, Equipment purchases, monthly service fees, usage fees, shipping charges, Early Termination Fees, toll charges, taxes and all other applicable charges. Monthly service fees are paid in advance of each month's Service. Toll charges and other applicable charges are billed at the end of each service month. Deposits, if applicable, are charged at the time of purchase and are invoiced whenever the deposit is reduced by usage to $6.00 dollars. iTalkBB reserves the right to charge Customer's Credit Card at any time during a service month if Customer's toll charges exceed $24.00 dollars. Billing for monthly service fees, deposits and other applicable charges commences upon purchase of Services, and the first month's monthly service fees will be prorated to take into account any partial month of Service. Activation occurs when Customer's Equipment is registered to iTalk's systems ("Activation").

Toll Charges.

All calls to or from Equipment using the Services that originates or terminates in the Public Switched Telephone Network ("PSTN") is subject to the then applicable toll charges that are associated with the service plan Customer has selected. All calls to destinations outside the United States to a party that is not an iTalkBB Customer will be charged at the then current international rates published on iTalk's website. The duration of each call will be calculated in one minute increments.

Telephone Numbers.

Any telephone number provided to Customer by iTalkBB shall be leased and not sold. Customer may not use such number with any other devise other than the Equipment with the express prior written consent of iTalk. iTalkBB reserves the right to change, cancel or move the number in its sole discretion. The availability of all China DID numbers is subject to and dependent upon the network facilities and regulatory environment in China. iTalkBB cannot guarantee connection to any China DID from all cities and regions in China. iTalkBB further cannot guarantee uninterrupted service on China DIDs.

Billing Disputes

Customer must dispute any charges for the Services within thirty (30) days of receipt of the monthly on-line invoice. Customer understands and agrees that Customer's failure to dispute any charges with the thirty (30) day time period constitutes a waiver of all claims to any dispute.

Late Payment - Non-Payment.

If any charges for Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, iTalkBB may suspend or terminate the Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% or the maximum allowed by law. If charges cannot be processed to the Credit Card, Customer will be charged a fee of ten dollars ($10.00). Neither suspension nor termination shall relieve Customer from the obligation to pay all amounts owing under this Agreement.

Automatic Renewal of Global Annual Plans.

On or about the Anniversary Date of any Global Annual Plan the plan will be automatically renewed for an additional one year term by charging Customers credit card of record, unless not less than thirty (30) days prior to the Anniversary Date, Customer provides iTalkBB notice of Customer's desire to cancel service or change to a different calling plan or payment plan.

Applicable Regulatory Fees, Surcharges, System Access Charges, Customer Equipment Maintenance/ Management Charges, and Intellectual Property/Legal Compliance Fees.

Federal, state, provincial, county, municipal and local governments may assess regulatory fees, contribution fees, emergency dialing charges, surcharges and other compliance fees on your iTalkBB Home Phone Service. Independent third party providers may charge regulatory and administrative fees, legal/intellectual property compliance charges, equipment maintenance and management fees, surcharges and access fees for services that iTalkBB is required to pay in order to enable your access to global public telecommunications networks. iTalkBB may assess network access fees in applicable markets. These charges may be assessed to you as a flat monthly fee, a percentage of your iTalkBB Home Phone monthly service charges or both, and may change from time to time without notice. You are responsible for all such fees and charges, now in force or enacted in the future, that arise from your subscription for iTalkBB Home Phone Service. Such charges are in addition to your iTalkBB Home Phone Service charges and will be charged to your account according to the plan or payment method you have selected. Applicable portions of such fees and charges are paid to governmental agencies, third parties or retained by iTalkBB to offset applicable costs associated with your subscription for iTalkBB Home Phone Service. No such fees or charges shall be included in any refund under this Agreement. Applicable Federal Universal Service Funds are included in such fees and charges but in no event is any customer charged more Federal Universal Service Funds fees than allowed by the Federal Communications Commission.

These fees and charges do not include applicable state, county, city or special district sales taxes. All applicable sales taxes are added to your monthly or annual billing (see FAQs below). iTalkBB collects these sales taxes from you and pays them over to the appropriate taxing authority.

Several from the FAQs on the customer self service page that do not mention sales tax will be applied….

Why do I have multiple charges on one monthly bill?

Here are some possibilities:

For new customers, your credit card has been charged with activation fee and shipping and handling fee during sign up. When you use your iTalkBB service for the first time, the monthly fee and "Applicable Regulatory/Compliance Fees and Charges" for the first month is automatically charged. Therefore, you will see 2 charges on your credit card statement during the first month.

For all the unlimited calling plan users, iTalkBB will make one charge at the beginning of the month which includes current monthly fee, "Applicable Regulatory/Compliance Fees and Charges", and international long distance charge from the previous month. Within one billing cycle, if your long distance charge exceeds $20.00, your credit card will be automatically charged for $20.00 before the next billing cycle.

If you are not an unlimited calling plan user, your credit card will be charged for the monthly fee and Applicable Regulatory/Compliance Fees and Charges when the account is established. Starts from the second billing cycle, your monthly payment will include monthly fee, Applicable Regulatory/Compliance Fees and Charges, and the local/domestic long distance/ international long distance charge from the previous month. Within one billing cycle, if your local/domestic long distance/international long distance charge exceeds $20.00, your credit card will be automatically charged for $20.00 before the next billing cycle.

What is the Applicable Regulatory/Compliance Fees and Charges?

The iTalkBB service Applicable Regulatory/Compliance Fees and Charges is an additional charge over and above the basic fee for your iTalkBB service. iTalkBB uses this fee to pay our regulatory-related fees and expenses, including federal, state and local telecommunications regulatory fees and charges, emergency dialing fees, access charges for US and foreign publicly switched networks, intellectual property and network confidentiality charges, number portability charges, and related legal and administrative fees. It is $3.95 per phone number per month. If you are a Global Unlimited Annual Plan user, you will be charged the amount of a year upon your sign up.

How much is the iTalkBB service Applicable Regulatory/Compliance Fees and Charges?

It is $3.95 per phone number per month.

What fees are included in the "Applicable Regulatory/Compliance Fees and Charges"?

Applicable Regulatory/Compliance Fees and Charges includes Federal, state, provincial, county, municipal and local governments may assess regulatory fees, contribution fees, emergency dialing charges, surcharges and other compliance fees on your iTalkBB service. These charges may be assessed to you as a flat monthly fee, a percentage of your iTalkBB monthly service charges or both, and may change from time to time without notice. Such charges are in addition to your iTalkBB service charges and will be charged to your account according to the plan or payment method you have selected. Applicable portions of such fees and charges are paid to governmental agencies, third parties or retained by iTalkBB to offset applicable costs associated with your subscription for iTalkBB services.

What are my monthly recurring costs?

Your recurring monthly charges will include the monthly fee of the iTalkBB service plan you have chosen, plus " Applicable Regulatory/Compliance Fees and Charges ", which will be collected with a flat $3.95 monthly fee, a percentage of your iTalkBB monthly service charges or both."

How is the Applicable Regulatory/Compliance Fees and Charges?

Monthly plan customers are to be charged on monthly basis along with service fees each month. The $3.95 flat fee will appear as a separate item from service charges in the iTalkBB statement. However, it will only show the total of these two amounts in customer's credit card statement. Annual plan customers are to be charged upon signup or renew.

What are the Telecommunications sales taxes?

In June 2018 the United States Supreme Court decided the case Wayfair vs. South Dakota. In that decision the Supreme Court changed the law and the new law requires online sellers, like Amazon, eBay, Wayfair, Etsy, and iTalkBB to collect sales taxes in most US States. iTalkBB is required to collect these sales taxes from you and pay them over to the appropriate taxing authority. iTalkBB will begin collecting and paying sales taxes to taxing authorities in certain states on December 1, 2018 for states that have made the new law effective by that date. iTalkBB will collect sales taxes from customers in other states as the new law becomes effective in those states.

Credits.

Customer acknowledges and agrees that the Services are provided "as is, where is". No credit allowances shall be made for interruption of Service.

Promotions.

iTalkBB may, in its sole discretion, from time to time offer promotions or discounts on fees. Customer must enter any promotion or discount codes upon initial purchase of the Services.

Termination of Service

iTalk reserves the right to suspend or discontinue providing the Service or Customer's Service at any time in its sole discretion. If the Service is terminated by iTalk in its sole discretion and for any reason other than a breach or action of Customer, you will be liable for all charges accrued through the date of termination. If the Service is terminated as a result of a breach or other action of Customer, you will be liable for the entire month in which the termination occurs, unbilled charges and Early Termination and DeactivationFees as set forth in below (See Early Termination and Deactivation Fees) and all such charges shall be immediately due and payable.

Customer shall be responsible for the full monthly service fee for the month in which notice of termination is received. Early Termination and Deactivation Fees may apply to termination as set forth in below (See Early Termination and Deactivation Fees).

Early Termination and Deactivation Fee

For contract plans, if Customer terminates the Service within contract term after the Activation Date and after expiration of the Trial Period, iTalk shall charge an Early Termination Fee to Customer's credit card in the amount of $99.00. All Customers that terminate the iTalk Service will be charged on their credit card a Deactivation Fee in the amount of $59.99. The Deactivation Fee will be waived if you return your Equipment to iTalk as follows: (a) Call iTalk at 1-877-482-5503 to obtain an Equipment return authorization from iTalk's customer care department, and (b) Mail the Equipment to iTalk within seven (7) days after calling to terminate the service (parcel must be post marked within the seven (7) day period) in its original condition including, all packing materials with bar codes intact, all parts and accessories, documentation and manuals and all other items originally shipped to Customer. Send equipment to our Return Department at 7926 Jones Branch Drive, Ste. 120, Mclean, VA 22102 USA. Equipment returned to our local offices will not be processed. If iTalk does not receive the returned Equipment within fifteen (15) days after the termination date, the Deactivation Fee will be charged.

If a promotional or plan benefit (such as free months or discounted pricing of service, free installation, rebate, or other incentive) is provided to you at no charge or at a specified discount based on your keeping iTalkBB service for a specific length of time, then, unless otherwise specified in the offer you received, the specified period begins on the Activation Date. If you terminate your service before that period of time expires, you will be invoiced for the amount equals to the promotion or benefits you enjoyed.

Charges for Changes in Plans

iTalkBB will charge Customer's credit card a Plan Change Fee in the amount of $29.99 if Customer chooses to change Plan from any plan with a Monthly Fee of $10.00 or more per month to any plan with a Monthly Fee less than $10.00 per month.

Changes to the Agreement, Services or Plan

iTalkBB reserves the right to change the Agreement, Services or Plan at any time ("Change"). Changes will be posted on iTalk's website thirty days before the effective date of the Change. Notice is deemed received by Customer and Changes will be binding on Customer on the date such Change(s) is posted on the website. Customer is deemed to have accepted the Change(s) unless Customer terminates the Service prior to the effective date of the Change or uses the Service after the effective date of the Change. If Customer elects to terminate the Services, Customer will be liable for all amounts due and an early termination fee, if applicable. Customer may, at any time, request a change of Plan subject to charges associated with such change of Plan. iTalkBB may reduce its prices for Services or Plans without prior notice to Customer.

Technical Support

iTalkBB provides technical support for Services and Equipment described in this Agreement during its normal business hours.

Limitation of Liability, Warranty and Indemnification

DISCLAIMER OF DAMGAES. ITALKBB SHALL NOT, IN ANY EVENT OR CIRCUMSTANCE, BE LIABLE FOR ANY SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST REVENUES OR PROFITS, LOSS OF DATA OR CONTENT, OR ARISING OUT OF 911 OR OTHER EMERGENCY DIALING IN CONNECTIONS WITH CUSTOMER'S USE OF THE SERVICES OR EQUIPMENT PROVIDED UNDER THIS AGREEMENT.

ITALKBB MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES OR EQUIPMENT AND DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OR IMPLIED WARRANTIES OF MECHANTABILITY OR FITNESS FOR A PARTICLUAR PURPOSE OR USE. ITALKBB HAS NOT AUTHORIZED ANY PERSON OR ENTITY TO MAKE WARRANTIES ON ITS BEHALF AND CUSTOMER MAY NOT RELY ON ANY STATEMENT AS A WARRANTY BY ITALK.

Liability.

iTalkBB will not be liable for any failure of performance due to any causes beyond its control or for any power outage, internet interruption, Equipment failure, delay in installation, activation or commencement of Service. With respect to any other legal claim or dispute, iTalk's liability shall be limited to the lesser of actual damages or one thousand dollars $1,000. iTalkBB will not be liable for any act or omission by any other person or entity furnishing services or products related to the Services or Equipment or for damages associated with service or equipment that iTalkBB does not provide.

Indemnification.

Customer hereby agrees to indemnify and hold harmless iTalkBB and its officers, directors, shareholders and affiliates from and against any and all claims, damages and/or liability arising out of the Services or Equipment, including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the Service.

Governing Law and Dispute Resolution

Governing Law.

This Agreement shall be governed by the laws of the State of Texas without regard to conflict of law provisions of any other state or jurisdiction. Customer hereby consents to exclusive personal and subject matter jurisdiction of the courts of the State of Texas.

Mandatory and Binding Arbitration.

All claims or disputes between Customer and iTalkBB arising in any way whatsoever out of the Services or the Equipment shall be resolved by binding and final arbitration by a single arbitrator. The American Arbitration Association shall administer the arbitration under the Commercial Arbitration Rules. The arbitration shall be conducted in Austin, Texas in English language. No arbitrator may award relief outside the limits set herein. Customer agrees that all claims shall be in Customer's individual capacity and that Customer will not commence or join any class or consolidate Customer's claim with the claims of any person or persons. Customer hereby waives any right to a jury trial.

Copyrights

All software utilized or provided by iTalkBB in connection with the Services or Equipment shall be and at all times remain sole property of iTalkBB and are protected by copyright laws and international treaties.

Force Majeure

iTalkBB shall not be liable for any delay in performance caused by acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other cause beyond its control.

Assignment

Customer may not assign or transfer this Agreement or its obligations hereunder in whole or in part. iTalkBB may assign this Agreement at in time and in its sole discretion.

Entire Agreement

This Agreement constitutes the entire understanding and agreement between iTalkBB and Customer and supersedes all prior written or oral agreements related in any way to the subject matter hereof.

Updated: December 4th, 2018

Copyright iTalk Mobile Corporation, 2018

HOME SECURITY TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT

iTalk Global Communications, Inc. (“iTalk,” “us,” or “we”) offers select smart home monitoring products, including under the brand “AIjia” (each, a “Product”), associated software (including the Mobile Application (defined below)) (“Software”) and related services (the “Services” ). The Product, Software and Services are collectively referred to in this Agreement as the “iTalk Solution.” This Home Security Terms and Conditions and End User License Agreement and any documents referenced herein (collectively, this “Agreement” ) sets forth the terms and conditions pursuant to which we will provide you, as an end user of the iTalk Solution, with access to the iTalk Solution.

Acceptance.

By clicking to accept this Agreement or by otherwise using the iTalk Solution, you agree to be bound by this Agreement as of that date (the “Effective Date” ). YOUR ACCESS TO, AND USE OF, THE ITALK SOLUTION AND ITALK’s OBLIGATIONS WITH RESPECT THERETO ARE EXPRESSLY CONDITIONED ON YOUR ACCEPTANCE OF THIS AGREEMENT, INCLUDING ARBITRATION ON AN INDIVIDUAL BASIS IN SECTION 20.

BY ENTERING INTO THIS AGREEMENT, YOU ACKNOWLEDGE AND AGREE THAT THE ITALK SOLUTION IS NOT A MONITORED HOME SECURITY SERVICE AND SHOULD NOT BE RELIED UPON FOR LIFE SAFETY. ITALK MAKES NO GUARANTEES REGARDING AVAILABILITY OF THE ITALK SOLUTION.

Not a Monitored Service.

You acknowledge that your use of the iTalk Solution does not guarantee that your premises, or persons or property on your premises, will be safe or secure. YOU ACKNOWLEDGE AND AGREE THAT THE ITALK SOLUTION, OR ANY PART THEREOF, IS NOT A MONITORED EMERGENCY NOTIFICATION SYSTEM, IS NOT A LIFE SAFETY PRODUCT, AND IS NOT A SUBSTITUTE FOR EMERGENCY SERVICES. ITALK WILL NOT DISPATCH EMERGENCY AUTHORITIES TO YOUR HOME IN THE EVENT OF AN EMERGENCY. All emergency events should be directed by you to the appropriate emergency response services.

E911 Feature

If you are an existing iTalk VoIP customer, the Services include an E911 feature. Through the E911 feature, you may report suspicious activity captured through our smart video monitoring technology. The E911 feature is designed to place a call to the emergency dispatchers closest to the address that you previously registered for 911 dispatch purposes. The E911 feature only supports one address per account. YOU UNDERSTAND THERE ARE CIRCUMSTANCES UNDER WHICH AN E911 SERVICE USING A VOICE OVER INTERNET PROTOCOL SYSTEM MAY NOT BE AVAILABLE OR MAY BE IN SOME WAY LIMITED BY COMPARISON TO USING TRADITIONAL WIRELINE TELEPHONE SERVICE. SUCH CIRCUMSTANCES INCLUDE, BUT ARE NOT LIMITED TO, RELOCATION OF THE END USER’S DEVICE, USE OF A NON-NATIVE OR VIRTUAL TELEPHONE NUMBER, FAILURE IN THE BROADBAND CONNECTION AND/OR LOSS OF ELECTRICAL POWER. IN ADDITION TO THE OTHER DISCLAIMERS SET FORTH IN THIS SECTION, iTALK MAKES NO WARRANTY THAT E911 CALLS OR OTHER TRANSMISSIONS WILL BE ROUTED OR COMPLETED WITHOUT ERROR OR INTERRUPTION. iTALK WILL NOT BE LIABLE FOR ANY DAMAGES RELATING TO ANY INTERRUPTION OR ERROR IN ROUTING OR COMPLETING CALLS OR OTHER TRANSMISSIONS (INCLUDING E911 CALLS).

Disclaimer of Liability

We do not have any control over whether, or the manner in which, calls using our E911 Service are answered or addressed by any local emergency response center. We disclaim all responsibility for the conduct of local emergency response centers and the national emergency calling center. We rely on third parties to assist us in routing iTalk Solution E911 Service communications to local emergency response centers and to a national emergency calling center. We disclaim any and all liability or responsibility in the event such third party data used to route communications is incorrect or yields an erroneous result. Neither iTalk nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our iTalk Solution Service unless such claims or causes of action arose from our gross negligence or willful misconduct.

1.Limited License

During the Term and subject to the terms and conditions of this Agreement, iTalk hereby grants you a limited, non-exclusive, revocable and non-transferable license, under intellectual property rights owned or licensed by iTalk, to use the Software (in object code form) embedded on the Product.

2.Provision of the Services

During the Term and subject to the terms and conditions of this Agreement, iTalk hereby grants you a non-exclusive, revocable and non-transferable right to access and use the Services solely in connection with your use of the Products installed on your property (including monitoring and controlling such Products) and solely for your personal, non-commercial use.

3.Representations About You.

As a condition to using the iTalk Solution, you represent and warrant that: (a) you have read and understand this Agreement, (b) you are 18 years of age or older, (c) the information that you provide to us about you or your account will be current, true, accurate, supportable and complete, (d) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and (e) you are not listed on any U.S. Government list of prohibited or restricted parties.

4.Restrictions

Except as expressly permitted herein, you may not: (a) rent, lease, lend, sell, redistribute, or sublicense the iTalk Solution; (b) modify, disassemble, de-compile, reverse engineer, or otherwise attempt to derive the source code of the iTalk Solution or knowingly permit or encourage any third party to do so (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with the Software), (c) use the iTalk Solution in any manner to provide service bureau, time-sharing or other computer services to third parties, (d) use the iTalk Solution, or allow the transfer, transmission, export, or re-export of the iTalk Solution or portion thereof in violation of any export control laws or regulations administered by any government agency, or (e) resell, distribute or otherwise transfer the iTalk Solution, and code comprising the same, or any iTalk trademark, logo or likeness. You may not use the iTalk Solution for any use other than its intended use. In addition, you agree (i) that your placement and/or installation of any Product that takes video recordings will be placed and/or installed at such an angle that it does not take any recordings beyond the boundary of your personal property; (ii) to prominently display appropriate signage advising others that video recording are taking place; and (iii) if you use your property as a workplace, to comply with applicable laws governing the monitoring of employees and customers.

5.Beta Services

iTalk may invite you to test “Beta” services at no charge. Beta services will be designated as test, beta, pilot, limited release, developer preview, non-production, evaluation or with a similar description. Beta services are for evaluation purposes and not for production use, are not supported, and may be subject to additional terms. iTalk may terminate a Beta service at any time, for any or no reason. iTalk may discontinue Beta Services at any time in its sole discretion and may never make the Beta Services generally available. If a generally available version is released, there may not be an automatic update path from the Beta version to the generally available version. If not earlier terminated, any Beta services trial period will expire on the date that the Beta service is released on a generally available basis. Beta Services are provided AS IS, and iTalk has no liability for any harm or damage arising out of or in connection with a Beta Service.

6.Trial Period

Notwithstanding any provision in this Agreement, iTalk offers each new customer a “Trial Period” of thirty (30) days from the date of purchase. If you are not satisfied with the iTalk Solution you may, at any time during the Trial Period, return all products for a full refund of the price you paid for the products and any subscription fees paid at the time of purchase. Taxes and shipping fees are not refundable. All refunds agreed to by iTalk shall be refunded to the authorized credit card used to subscribe to the Services or by Company check payable to the person whose name appears on the account.

7.Fees and Payment.

7.1 Fees.

In exchange for our provision of the iTalk Solution at the service level for which you have subscribed, you agree to pay iTalk the subscription fees listed on the pricing plan for your service level or otherwise agreed to by you during the subscription process (“Fees”). All Fees are due and payable in United States dollars, are non-cancelable and non-refundable. If you are under a two (2) year Initial Subscription Term and you cancel your subscription prior to the expiration of the Initial Subscription Term, you agree to immediately pay us an Early Termination Fee equal to $119 USD per Product. If you are under a one (1) year Initial Subscription Term and you cancel your subscription prior to the expiration of the Initial Subscription Term, you agree to immediately pay us an Early Termination Fee equal to $80 USD per Product.

7.2. Invoicing and Payment

You will provide iTalk with valid and updated credit card information. If you provide credit card information to iTalk, you authorize iTalk to charge such credit for all Fees due hereunder. Such charges shall be made as specified at the time you subscribe to the Services. You are responsible for maintaining complete and accurate billing and contact information in your account.

7.3. Suspension or Cancelation of Access to the Platform

If you fail to pay any Fees or other amounts owed by you when due, whether under this or any other Agreement with iTalk or its affiliates, iTalk may, at its option and without limiting its other rights and remedies, suspend or cancel your access to the iTalk Solution on the date the payment is past due until such amounts are paid in full.

7.4. Taxes and Shipping Fees.

Unless otherwise stated, Fees do not include any shipping charges or any taxes, levies, duties or similar governmental assessments of any nature, including but not limited to value-added, sales, use or withholding taxes, assessable by any local, state, provincial, federal or foreign jurisdiction (collectively, “Taxes”). You are solely responsible for paying all Taxes associated with this Agreement. If iTalk has the legal obligation to pay or collect Taxes for which you are responsible under this paragraph, the appropriate amount shall be invoiced to and paid by you.

8.Shipping, Title and Risk of Loss.

The Products will be shipped F.O.B McLean, VA or FOB shipping point (if different from McLean), meaning that title and risk of loss for the Products will transfer from us to you when the Products are placed on the delivery vehicle at our shipping point. We are not responsible for Products during delivery. If you purchase a Product in a retail store, title and risk of loss will pass at the time the purchase is made in the retail store.

9.Ownership

9.1. Retention of Rights.

Other than the express licenses granted by this Agreement, neither party grants a right or license to the other party, expressly, by implication, estoppel, or otherwise, to the Intellectual Property (as defined below) of the other party. As between the parties, iTalk retains all ownership rights, title, and interest in and to its own products and services (including the Software, Services and Products, applicable documentation and all technology used to provide the iTalk Solution) and all rights to its Intellectual Property and in each case, all modifications, improvements, enhancements and derivative works of the same.

9.2. Proprietary Notices

You may not remove or destroy any proprietary, confidentiality, trademark, service mark, or copyright markings or notices placed upon or contained in any materials or documentation provided by iTalk, whether in connection with this Agreement or otherwise.

9.3. "Intellectual Property"

means all of the following, and in each case all related intellectual property rights: (i) trademarks and goodwill associated therewith; (ii) know-how, methodologies, interfaces, templates, techniques, utilities, tools, designs, concepts, patents, patentable inventions, computer programs, and software; (iii) databases; (iv) trade secrets and the right to limit the use or disclosure thereof; (v) copyrights in all works, including software programs; and (vi) domain names and other media identification associated with the party.

9.4. Feedback.

The parties agree that any feedback or suggestions regarding the iTalk Solution or iTalk’s other products or services is voluntary. iTalk is entitled to reproduce, license or otherwise distribute any such feedback without any obligations or restrictions of any kind, including any Intellectual Property Rights.

10.Installation and Maintenance.

You are solely responsible for the installation of the Product, including without limitation complying with all applicable laws, rules, regulations and standards with respect to the installation, placement and maintenance of the Product. You acknowledge that we do not provide any installation or repair services for the Products. Each Product comes with a re-chargeable battery. You are solely responsible for maintaining an adequate power supply for the Product, including charging the battery as necessary. ITALK WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO PROPERLY INSTALL, CHARGE, MAINTAIN OR REPAIR THE PRODUCT.

11.Content and Privacy.

The features and functionality of the iTalk Solution may enable you to create, capture, record, store or share certain content, such as video or audio recordings and images (collectively, “Content”). We do not claim ownership of your Content. By posting, uploading, sharing, transmitting, or otherwise disseminating the Content, you grant to us the limited right use the Content to provide the iTalk Solution to you and to monitor and improve our products and services, including the iTalk Solution. You expressly agree that by sharing Content via the iTalk Solution (e.g. providing another user with access to your motion-triggered video Content), we have the right to provide that Content to third-parties designated by you, such as individuals with whom you invite to join your iTalk Solution account via email. You acknowledge that by inviting such individuals, they will have the ability to access the camera view and other functions of the iTalk Solution. You represent and warrant that: (a) you own your Content or otherwise have the right to grant the license set forth in this section, and (b) transmitting your Content on or through the iTalk Solution does not and will not violate applicable law or the privacy rights, publicity rights, copyrights, trademark rights, contract rights or any other rights of any person or entity. YOU ACKNOWLEDGE THAT WE ARE NOT LIABLE FOR ANY TRANSMISSION OF CONTENT BY YOU (INCLUDING WITHOUT LIMITATION PERSONALLY IDENTIFIABLE INFORMATION) IN VIOLATION OF APPLICABLE LAW, THIRD-PARTY TERMS, PRIVACY SETTINGS OR PRIVACY POLICIES. You acknowledge that iTalk does not have any control over the Content that passes through iTalk’s systems and networks through the iTalk Solution. iTalk is not responsible for monitoring your Content, and collects such Content automatically under your direction when providing the iTalk Solution to you. We may, but do not have any obligation to, remove any of the Content from the iTalk Solution in our sole discretion, including if we determine that it may violate another person’s privacy rights, publicity rights, intellectual property rights, this Agreement, any applicable third-party terms, or applicable law. You acknowledge that iTalk will have access to the Content as it is being transmitted via the iTalk Solution (and for a short period thereafter and may need to reformat or otherwise modify technical elements of the Content to make it more appropriately visualized) and will have access to the Content if it is being stored in your iTalk cloud storage account. You hereby represent that you have obtained, and during the Term covenant that you will obtain, all necessary rights and consents to allow iTalk to collect, process, use, store, disclose and transfer Content. iTalk’s provision of the iTalk Solution to you is specifically conditioned upon you obtaining such consents and approvals. For more information regarding iTalk’s collection, use and sharing of information, please see our Privacy Policy, which is hereby incorporated into and governed by this Agreement.

12.ack-up

Motion-triggered video Content will be stored in the cloud for thirty (30) days. During that thirty (30) day period, you can view and download such Content any time. However, you understand that it is your sole responsibility to back-up your Content. You acknowledge and agree that after such thirty (30) day period and after termination of this Agreement, you may not have access to the Content via the iTalk Solution.

13.Data Ownership

We may collect usage data, meta data, performance data and other data related to how you use and interact with the iTalk Solution, including information verifying whether Content was successfully transmitted via the iTalk Solution (“Usage Data”), provided that such Usage Data will be aggregated, anonymized and will not identify you as the source of such Usage Data. To the extent we collect or generate Usage Data, it will be owned by us and we may use it for any lawful purpose.

14.Maintenance and Availability

iTalk provides 24x7 support in connection with the iTalk Solution in both English and Mandarin by calling 1-877-482-5503. The parties acknowledge that the iTalk Solution relies upon computer network-based services that may be subject to outages and delays. iTalk shall use its commercially reasonable efforts to diligently and promptly remedy any and all material interruptions within the iTalk Solution. We make no representation that the iTalk Solution will be available or permitted in any particular location. Use of the iTalk Solution is void where prohibited. iTalk may also impose limits on the use or access to the iTalk Solution as required by law.

15.Term and Termination.

15.1.Term.

Unless earlier terminated, this Agreement will begin on the Effective Date and will continue for as long as you have an active subscription to the iTalk Solution (the “Term”).

15.2. Duration and Non-Renewal or Cancellation of Subscription.

iTalk currently offers three service plan options: (i) a two (2) year subscription, (ii) a one (1) year subscription, and (iii) a month-to-month subscription (the “Initial Subscription Term”). You will have the option to select from available subscription plans on the iTalk website. After the expiration of the Initial Subscription Term, the subscription will automatically renew for successive month-to-month periods (“Renewal Subscription Term”). The Initial Subscription Term and any Renewal Subscription Terms are collectively referred to herein as the “Subscription Term.” If you elect to cancel, or not to renew, a subscription, you must contact iTalk. iTalk reserves the right to suspend or terminate your access to the iTalk Solution and terminate this Agreement at any time upon notice to you, including without limitation if you are in violation of this Agreement. On any subscription, you are given a trial period of 30 days from the day that the app is first paired with the camera, or the 6th day after shipment or store pickup (“Activation Date”) to cancel service for a refund of the device fee, if any, and monthly service fee only. All other signup fees and taxes are non-refundable. To receive a refund of the device fee, if applicable, and monthly service fee, you must notify iTalk Support within 30 days of the Activation date, and return the device in its original condition. Please contact iTalk Support 877-482-5503 for instructions on product return. If you continue to use the iTalk Solution beyond the trial period, you are no longer eligible to receive a refund, and you will be responsible to fulfill the remainder of the subscription terms.

15.3.Effect of Termination.

In no event shall termination of this Agreement or any subscription relieve you of the obligation to pay any Fees payable to iTalk for the period prior to the effective date of termination. If you are on a two (2) year Initial Subscription Term and you cancel your subscription prior to the expiration of the Initial Subscription Term, you agree to pay a cancellation fee of $119 USD per Product. If you are on a one (1) year Initial Subscription Term and you cancel your subscription prior to the expiration of the Initial Subscription Term, you agree to pay a cancellation fee of $80 USD per Product. The introductory paragraphs and Sections 9-13, 15.3, 16, 17, 18 and 20-24 shall survive any termination or expiration. All other rights and obligations shall be of no further force or effect.

15.4.Plan Change and/or Bundled Services.

Existing iTalkBB VoIP customers enjoy a camera device fee discount for bundled iTalk Solution and VoIP services. The base retail price of a camera device is $179. However, if you are an existing VoIP customer, then iTalk offers a one (1) year initial subscription term iTalk Solution and VoIP plan reducing the device fee to $99 per camera, or a two (2) year initial subscription term iTalk Solution plan and VoIP reducing the device fee to $0.00 per camera. Should the customer cancel an existing VoIP service at any time, then the customer will be responsible to pay to iTalk the entire device discount that they received upon signing up for the iTalk Solution service. Upon VoIP cancelation, an eighty ($80) plan change fee for each device will be charged if the customer is on a one (1) year iTalk Solution plan, and a $179 plan change fee for each device will be charged if the customer is on a two (2) year iTalk Solution plan. Additional plan change fees may apply if the customer chooses to step down from the two (2) year plan to the one (1) year plan.

16.Warranties; Disclaimers.

16.1.Limited Warranty

The Security Cameras shall be referred to herein as the “Products”. If the Products fail to conform to the respective Limited Warranties during the respective Warranty Periods, iTalk will repair or replace the Product(s), at its sole expense with a new Product or parts of equal or better quality, as its sole obligation and your sole remedy for such failure. Please contact iTalk Support 877-482-5503 to return the defective product(s) with a valid RMA. These Limited Warranties do not cover the following (collectively “Ineligible Products”): (i) products marked as “Beta,” “sample” or “Not for Sale”, or sold “AS IS”; (ii) products that have been subject to: (a) modifications, alterations, tampering, or improper maintenance or repairs; (b) handling, storage, installation, testing, or use not in accordance with any User’s Guide, Placement Guidelines, or other instructions provided by iTalk; (c) abuse or misuse of the product; (d) breakdowns, fluctuations, or interruptions in electric power or the telecommunications network; or (e) Acts of God, including but not limited to lightning, flood, tornado, earthquake, or hurricane; or (iii) all Solar Panels, accessories and components such as cover case, mount, charging cables or any non-iTalk branded hardware products, even if packaged or sold with iTalk hardware. These Limited Warranties do not cover consumable parts, including batteries, unless damage is due to defects in materials or workmanship of the product, or Software (even if packaged or sold with the product). iTalk recommends that you use only authorized service providers for maintenance or repair. Unauthorized use of the Products or Software can impair the Product’s performance and may invalidate these Limited Warranties.

16.1.a. Camera Limited Warranty

iTalk represents and warrants that, for a period of one year from the date of delivery (the “Cameras Warranty Period”) the Security Cameras will be free from material defects in materials and workmanship (the “Camera Limited Warranty”).

16.1. b. Solar Panel Limited Warranty

iTalk represents and warrants that, for a period of thirty (30) days from the date of delivery (the “Solar Panels Warranty Period”) the Solar Panels will be free from material defects in materials and workmanship (the “Solar Panel Limited Warranty”). Except as provided in Section 6, this Solar Panel Limited Warranty is an exchange only warranty, no refunds or credits to account will be given.

16.2.WARRANTY DISCLAIMERS.

EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE ITALK SOLUTION IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, AND WE HEREBY DISCLAIM ALL OTHER WARRANTIES AND CONDITIONS WITH RESPECT THERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A PARTICULAR PURPOSE, OF ACCURACY, OF QUIET ENJOYMENT, AND OF NONINFRINGEMENT OF THIRD-PARTY RIGHTS. WE DO NOT WARRANT AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE ITALK SOLUTION, THAT THE FUNCTIONS CONTAINED IN OR PERFORMED OR PROVIDED BY THE ITALK SOLUTION WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE ITALK SOLUTION WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ITALK SOLUTION WILL BE CORRECTED. NO ORAL OR WRITTEN INFORMATION OR ADVICE THAT WE GIVE SHALL CREATE A WARRANTY. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY.

17.Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL ITALK BE LIABLE FOR PERSONAL INJURY, PROPERTY DAMAGE OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OR INABILITY TO USE THE ITALK SOLUTION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF ITALK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ITALK’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY CAUSED BY ITALK) EXCEED THE GREATER OF (I) THE TOTAL AMOUNT THAT YOU PAID FOR THE ITALK SOLUTION IN THE TWELVE (12) MONTH PERIOD PRECEDING THE APPLICABLE CLAIM, OR (II) $1,000.00. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU.

18.Compliance with Law.

Each party shall comply with all applicable international, national, state, regional and local laws and regulations in performing its obligations and exercising its rights under this Agreement. You acknowledge that applicable laws in your jurisdiction may impose certain responsibilities on you and your use of the iTalk Solution, including without limitation laws, rules and regulations regarding: (i) the privacy of individuals, (ii) home security solutions, (iii) recording or sharing of Content. Depending on the jurisdiction, these laws may require that notice be given to or that consent be obtained from individuals prior to recording or sharing Content. You further acknowledge that it is solely your responsibility, and not the responsibility of iTalk, to ensure that you are in compliance with any such laws when you use the iTalk Solution. You may not use or otherwise export or re-export any part of the iTalk Solution except as authorized by United States law and the laws of the jurisdiction in which the iTalk Solution was accessed. You agree not to export or re-export the iTalk Solution in violation of any applicable export control restrictions, laws or regulations.

19.Additional Terms for Mobile Applications

19.1.Mobile Applications

As part of the iTalk Solution, iTalk may make available Software to access the Services via a mobile device (each, a “Mobile Application”). To use any Mobile Application you must have a compatible mobile device. You may use mobile data in connection with the Mobile Applications and may incur additional charges from your wireless provider for these services. You agree that you are solely responsible for any such charges. iTalk hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Mobile Applications for one account on one mobile device owned or leased solely by you, for your own personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Applications, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Applications to any third party or use the Mobile Applications to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Applications; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Applications, features that prevent or restrict use or copying of any content accessible through the Mobile Applications, or features that enforce limitations on use of the Mobile Applications; or (v) delete the copyright and other proprietary rights notices on the Mobile Applications. You acknowledge that iTalk may from time to time issue upgraded versions of the Mobile Applications, and may automatically electronically upgrade the version of the Mobile Applications that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Agreement will apply to all such upgrades. Any third-party code that may be incorporated in the Mobile Applications is covered by the applicable open source or third-party license, if any, authorizing use of such code. The foregoing license grant is not a sale of a Mobile Application or any copy thereof, and iTalk or its third-party partners or suppliers retain all right, title, and interest in the Mobile Applications (and any copy thereof). If Mobile Applications are being acquired on behalf of the United States Government, then the following provision applies. The Mobile Applications will be deemed to be “commercial computer software” and “commercial computer software documentation,” respectively, pursuant to DFAR Section 227.7202 and FAR Section 12.212, as applicable. Any use, reproduction, release, performance, display or disclosure of the Service and any accompanying documentation by the U.S. Government will be governed solely by this Agreement and is prohibited except to the extent expressly permitted by this Agreement. The Mobile Applications originate in the United States, and is subject to United States export laws and regulations. The Mobile Applications may not be exported or re-exported to certain countries or those persons or entities prohibited from receiving exports from the United States. In addition, the Mobile Applications may be subject to the import and export laws of other countries. You agree to comply with all United States and foreign laws related to use of the Mobile Applications and the Service.

19.2.Mobile Applications from Apple App Store

The following applies to any Mobile Applications you acquire from the Apple App Store (“Apple-Sourced Software”): You acknowledge and agree that this Agreement is solely between you and iTalk, not Apple, Inc. (“Apple”) and that Apple has no responsibility for the Apple-Sourced Software or content thereof. Your use of the Apple-Sourced Software must comply with the App Store Terms of Service. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Apple-Sourced Software. In the event of any failure of the Apple-Sourced Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Sourced Software to you; to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Sourced Software, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be solely governed by this Agreement and any law applicable to iTalk as provider of the software. You acknowledge that Apple is not responsible for addressing any claims of you or any third party relating to the Apple-Sourced Software or your possession and/or use of the Apple-Sourced Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Sourced Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation; and all such claims are governed solely by this Agreement and any law applicable to iTalk as provider of the software. You acknowledge that, in the event of any third-party claim that the Apple-Sourced Software or your possession and use of that Apple-Sourced Software infringes that third party’s intellectual property rights, iTalk, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement. You and iTalk acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as relates to your license of the Apple-Sourced Software, and that, upon you acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as relates to your license of the Apple-Sourced Software against you as a third-party beneficiary thereof.

19.3.Mobile Applications from Google Play Store.

The following applies to any Mobile Applications you acquire from the Google Play Store (“Google-Sourced Software”): (i) you acknowledge that this Agreement are between you and iTalk only, and not with Google, Inc. (“Google”); (ii) your use of Google-Sourced Software must comply with Google’s then-current Google Play Store Terms of Service; (iii) Google is only a provider of the Google Play Store where you obtained the Google-Sourced Software; (iv) iTalk, and not Google, is solely responsible for its Google-Sourced Software; (v) Google has no obligation or liability to you with respect to Google-Sourced Software or this Agreement; and (vi) you acknowledge and agree that Google is a third-party beneficiary to this Agreement as it relates to iTalk’s Google-Sourced Software.

20.Arbitration.

Any dispute, controversy or claim arising out of this Agreement will be settled by binding arbitration pursuant to the Commercial Rules (or Consumer Rules, to the extent applicable) of the American Arbitration Association (“Rules”) then in effect. Notwithstanding those Rules, the following provisions will apply to such arbitration: (a) the arbitration will be conducted by a single arbitrator, (b) the fees of the arbitrator(s) shall be equally borne (50/50) by the parties, and (c) the proceedings shall be in the English language and shall take place in Austin, Texas or another location reasonably convenient to both parties. If, within thirty (30) days after one party makes a demand upon the other to proceed to arbitration, the disputing parties remain unable to agree upon selection of an arbitrator to resolve their dispute, then either party may request the American Arbitration Association to appoint an arbitrator to hear their dispute and the selection of an arbitrator by the American Arbitration Association shall be conclusive and binding upon the parties. The arbitrator shall reach a binding decision regarding the issues presented as it deems fair, reasonable and appropriate, and such decision shall have the full force and effect of a binding judgment, which may be entered in any court having proper jurisdiction. Each party may seek injunctive relief in any court of competent jurisdiction. You and iTalk agree to resolve any dispute in arbitration on an individual basis only, and not on a class or collective basis. The arbitrator shall have no authority to consider or resolve any claim or issue any relief on any basis other than an individual basis. If at any point this provision is determined to be unenforceable, the parties agree that this provision shall not be severable, unless it is determined that the arbitration may still proceed on an individual basis only.

21.Governing Law.

This Agreement shall be governed by and interpreted in accordance with the laws of the State of Texas, USA, without regard to any principles of conflict of laws.

22.Assignment.

iTalk may freely transfer or assign this Agreement and any of its rights or obligations hereunder. You shall not assign this Agreement, directly or indirectly without the prior written consent of iTalk. Any such attempted assignment shall be void.

23.Modifications.

We may modify the terms of this Agreement from time to time. Any modification shall be effective when we notify you of the modification (via an update delivered through the iTalk Solution or via email or other notification) and you signify your acceptance through your continued use of the iTalk Solution after such date.

24.General

If any provision of this Agreement is held by a court of competent jurisdiction to be unenforceable for any reason, the remaining provisions hereof shall be unaffected and remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. Failure or delay in enforcing any right or provision of this Agreement shall not be deemed a waiver of such ri ght or provision with respect to any subsequent breach. This Agreement constitutes the complete agreement between the parties and supersedes all prior or contemporaneous discussions, representations, and proposals, whether in writing or oral, with respect to the subject matter of this Agreement.

© iTalk Global Communication, Inc.

December, 2019

Privacy Policy

We are committed to protecting the privacy and security of the users of our sites, services, software, products, and applications (collectively, the "iTalkBB Sites").

This privacy policy will advise you about how we protect your personal information, and about what choices you have concerning our use of such information. Please read this policy carefully. We may need to change this policy from time to time in order to address new issues and reflect changes on our iTalkBB Sites. We will post those changes here so that you will always know what information we gather, how we might use that information, and whether we will disclose that information to anyone. Please refer back to this policy regularly. If you have any questions or concerns about our privacy policy, please send us an e-mail to: support@iTalkBB.com.

Scope of Privacy Policy

This policy applies to your use of all of the sites, services, software, products, and applications owned or operated by iTalk Global Communications, Inc. and affiliated companies (collectively "iTalkBB" or "we," "us," or "our"), including iTalkBB.com and any other iTalkBB Sites that we may own or operate currently or in the future. Unless we say otherwise, all references to the iTalkBB Sites in this policy include all such sites. This policy does not apply to your use of unaffiliated sites to which any of the iTalkBB Sites only links.

Personal Identification Information

We will never intentionally disclose any personal identification information about you as an individual user (such as, for example, your full name, street address, telephone number, credit card number or e-mail address) to any third party without having received your permission. We may request personal identification information from you in connection with your use of, or participation in, our contests, sweepstakes, games, surveys, forums, subscription registrations, content submissions, chats, bulletin boards, discussion groups, requests for suggestions, visitors’ requests for free products or services or additional information, and in connection with other activities, services or resources we make available on any of our iTalkBB Sites. In all of these cases, we will collect personal identification information from you only if you voluntarily submit such information to us.

If you do provide us with personal information, we may use it to conduct the activities described above. If you identify yourself to us by sending us an email with questions or comments, we may use your personal information to respond to your questions or comments. We may file your comments for future reference, or we may discard the information after we have reviewed it. We may also contact you to confirm your registration and about your account status, and regarding changes to the iTalkBB Terms and Conditions (for the product or service you are using) and this Privacy Policy.

If you give us your permission, we may also use personal identification information for internal or external marketing and promotional purposes. On occasion, for example, we may send you an e-mail or text to introduce a product or service that we think might be of interest to the users of our iTalkBB Sites. For us to obtain your permission to send you this information, we will give you an opportunity to "opt-in" at the time our request for your personal information is made. If you do "opt-in," you may choose to "opt-out" at any time, even after you have provided personal information, by following the procedures set forth below under the heading Access to Correction of Information at the end of this Privacy Policy. Please note, however, that under certain circumstances, if you initially do not choose to "opt-in," or if you later "opt-out," you may not be eligible for certain benefits for which a name, e-mail address, telephone number or other personal identification information is needed. We have the following exceptions to these policies: We will release specific information about you or your account to comply with any valid legal process such as a search warrant, subpoena, statute or court order. We will also release specific information in special cases, such as if there is an attempted breach of the security of iTalkBB Sites, or a physical threat to you or others. Please note that if you give out personal information online --for example, through a message board or chat room -- that information can be collected and used by third parties. Although we strive to protect our users' privacy, we cannot guarantee the security of information you post in these forums. You disclose such information at your own risk.

Non-Personal Identification Information And the Use of Cookie Technology

We collect non-personal identification information through the use of "cookie" technology and/or IP address tracking. Non-personal identification information might include the browser you use, the type of computer or device, the operating systems, the Internet service providers and other similar information. Our system also automatically gathers information about the areas you visit on our iTalkBB Sites and about the links you may select from within our iTalkBB Site to other areas of the World Wide Web or elsewhere online. We use such information in the aggregate to understand how our users as a group use the services and resources provided on our iTalkBB Sites. This way we know which areas of our iTalkBB Sites are favorites of our users, which areas need improvement, and what technologies are being used so that we may continually improve our iTalkBB Sites. We may share this aggregate statistical information with our partners, suppliers and other third parties, but we will not share any individual names, personal navigational or other personal information. Some of our advertisers may display ads on our iTalkBB Sites which solicit or contain technology to collect information about our users for the advertisers, but we will not permit such advertisers to collect any personal information from our users within our iTalkBB Sites.

Most browsers are set to accept cookies. You can set your browser to refuse cookies, or to alert you when cookies are being sent. If you do so, please note that some parts of the iTalkBB Sites, such as message boards, chats, shopping, contests and game areas, may not function properly.

Links to Other Sites

Users may find advertising or other contents on our iTalkBB Sites that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. In many cases, the links represent cooperative projects or are mutual links established with persons or entities connected with our iTalkBB Sites. Although we initially visit the sites or services that are so linked, we do not control the contents or links that appear on these sites. In addition, these sites or services, including their contents and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies, or no policy (policies) at all. We encourage you to review the privacy policies of any third party sites or services before providing any of them with your personal information.

Security Policy

Protecting your privacy and your information is a top priority. We have taken careful measures to secure both your information and our physical premises. We exercise great care in providing secure transmission of your information from your device(s) to our servers. Our secure server software encrypts information, ensuring that all Internet transactions remain private (unless sent by an unsecured means, such as e-mail).

Access to Correction of Information

If you would like to review any personal information we have retained about you in our database, please send us an e-mail request for this information at support@iTalkBB.com. Once you have reviewed this information, at your request we will correct personal information about you that you state is erroneous. To request such a correction, please send an e-mail to support@iTalkBB.com.

Your Acceptance of These Terms

By using any of the iTalkBB Sites, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our iTalkBB Sites. Your continued use of the iTalkBB Sites following the posting of changes to these terms will mean that you accept those changes.

iTalk Global Communications, Inc., and Affiliates

This Privacy Policy shall apply to the following affiliated companies:

iTalk Global Communications, Inc.

iTalk Mobile Corporation

iTalkBB Media, Inc.

Digital Technology Marketing and Information, Inc.

iTalkBB Canada, Inc.

iTalkBB Australia Pty Ltd.

iTalk TV Hongkong Limited

Updated: December 12, 2019

Copyright iTalk Global Communications, Inc. 2019

Business Area

Contact Person or Group

The following office contact numbers are available during normal business hours Mon. - Fri. from 8:30 am - 5:00 pm (Eastern) unless otherwise noted

Subpoenas, Court Orders & Search Warrants for Records Production
·Subscriber Information
·Call Detail Records
·Cell Site Information
·E911 Calls
·IP Related Records

Records Production 24 x 7 x 365

Office: 877-510-4357
Fax: 703-953-3643
E-mail: rp@subsentio.com
Please call after sending an emergency fax or e-mail

Court Orders for Electronic Surveillance:
·Trap & Trace
·Pen Register
·Wiretap
·E911 Calls

Law Enforcement Liaison Division (LELD): for all LAES matters 24 x 7 x 365

Office: 303-794-6936
Fax: 866-217-4097
E-mail: CourtOrders@Subsentio.com

24x7 Emergency Requests:
·Records Production
·Electronic Surveillance

To be used by LEAs only Please call after sending an emergency fax or e-mail

Record Production Office: 877-510-4357 (Opt 1)
Electronic Surveillance Office: 303-794-6936