ITALKBB®CHINA SIM SERVICE TERMS AND CONDITIONS

This agreement ("Agreement") is between iTalk Global Communications, Inc. ("iTalkBB®" or “we”) and an end user ("you" or "Customer") of iTalkBB China SIM Services (the “China SIM Service”). By activating the China SIM Service, you agree to be bound by the terms and conditions ("Terms and Conditions") provided on https://www.italkbb.com/us/chs/terms-conditions.html, including this Agreement. iTalkBB may, without notice, renew, modify or amend the Terms and Conditions, including the Agreement from time to time. If you continue to use the China SIM Service or any other iTalkBB services, you accept such revisions. To use the China SIM Service, you must subscribe to the iTalkBB Prime App services. Please refer to the iTalkBB Prime App Terms and Conditions for details on the iTalkBB Prime App services.

By entering into this Agreement, you expressly confirm that you are legally entitled and of legal age to enter this Agreement, that you have read and understand fully iTalkBB Terms and Conditions. If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony or the Services, you may not enter into this Agreement.

Designed Use

To access the China SIM Service, you will need to subscribe to the iTalkBB Prime App service, install the iTalkBB Prime App on your device, and activate your China SIM card. While in the US, you can RECEIVE text messages and make/receive calls via the iTalkBB Prime App, using your Provider’s (as defined below) minutes, data or Wi-Fi. You are responsible for any charges from your Provider for the data or minutes used. While in China, you can send/receive text messages, make/receive calls, and access data on your compatible mobile device (the “Device”) by inserting the China SIM card into the Device within designated service areas in China. ITALKBB IS NOT LIABLE FOR ANY CHARGES BY YOUR PROVIDER FOR any MINUTES, DATA, ROAMING OR ANY OTHER IMPROPER USE.

Third Party Providers

Your access to and use of a service provided by a third-party service provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. 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 Agreement to the extent they are applicable. As soon as your call is connected to a phone number provided by iTalkBB, the call may be charged by your Provider for minutes, data or other charges regardless of whether you are connected to the receiver of the call (e.g., even if the line is busy). ITALKBB DISCLAIMS ANY AND ALL LIABILITY THAT MAY ARISE FROM THE PERFORMANCE, INCLUDING FAILURE, OF OTHER PARTIES' NETWORKS.

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. iTalkBB 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 iTalkBB nor its network supplier determines the public safety agency to which your emergency call is routed.

Activation

You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when activating the China SIM Service, as well as any additional information provided or any amendments made by you. If you change your phone number, you will no longer have access to the iTalkBB Prime App. You should notify iTalkBB and provide your new cell phone number to re-activate your iTalkBB Prime app. In the event that you keep your cell phone number but get a new mobile device, you need to install iTalkBB Prime app again and re-activate your account. Activation occurs when Customer's phone number is registered to iTalkBB's systems ("Activation").

Please note, your China SIM card activates on the first day of each month, regardless of the purchase date. If purchased before the last 50 hours of the month, activation will occur on the following month's first day. If purchased within the final 50 hours of the month, activation might be delayed until the first day of the subsequent month. For instance, purchasing on November 20, 2023, the China SIM card will be activated on December 1, 2023, while purchasing on November 30, 2023, the China SIM card may be activated on January 1, 2024. However, you can immediately use your China Number with the iTalkBB Prime App upon purchasing the China SIM Service.

Trial Period and Cancellation Policy

For Customers subscribing to a China SIM Service, iTalkBB provides a thirty (30) day trial period (“Trial Period”). The Trial Period commences on the Activation Date. Customer may terminate the China SIM Service at any time during the Trial Period, without penalty, provided that, iTalkBB will not refund any SIM card fee, monthly service fees, activation fee, usage charges, shipping fees, regulatory fees, or taxes charged at subscription, if applicable. To cancel during the Trial Period, contact iTalkBB Customer Service at 1-877-482-5503. PLEASE NOTE, IF ANY DATA PACKAGE PROVIDED BY ITALKBB FOR FREE AT SUBSCRIPTION IS USED WITHIN THE TRIAL PERIOD, THE TRIAL PERIOD WILL IMMEDIATELY END, AND CANCELLATION WILL BE SUBJECT TO AN EARLY TERMINATION FEES OF $99.00.

If Customer cancels the China SIM Service before completing the payment of the final monthly fee within the contract term, after the Activation Date and the expiration of the Trial Period, Customer shall be charged for an Early Termination Fees in the amount of $99.00. Additionally, all previously waived or discounted fees and charges, including, without limitation, waived Activation Fees and promotional sign-up discounts, will be charged. Unused monthly service fee will not be refunded upon cancellation. Toll charges incurred within the billing cycle will become due upon cancellation.

Automatic Renewal

The China SIM Service is provided on a contract basis. On or about the expiration date of the contract term, the plan will be automatically renewed on a month-to-month basis by charging Customer’s credit card of record. To avoid automatic renewal, Customer may provide iTalkBB notice to cancel the China SIM Service after making the payment of the final monthly fee within the contract term and before the anniversary date without incurring the Early Termination Fee. This can be done by contacting the customer service number 877-482-5503, and iTalkBB will cancel your China SIM Services before the expiration date of the contract term.

Domestic China Usage

The China SIM Service enables you to access wireless services, including calling minutes, messages and data, using the Device within designated service areas in China. When you have your China SIM card properly placed in the Device and have VERIFIED YOUR IDENTITY (refer to Identity Verification Section Below), the China SIM card is automatically activated when you enter China. Roaming services are not available within China.

By subscribing to the China SIM Service, you agree and acknowledge that domestic calling and texting within China are included in your plan. However, the China SIM Service does not allow calls and texts from China to other countries. While in China and with your China SIM card properly inserted in the Device, your free 20GB/30-days data package provided by iTalkBB, if applicable, will be automatically activated. If there is no remaining free data, a 10GB/30-days data package will be automatically activated and charged. If you don’t use your free data package, it will expire when your initial contract term of China SIM Service ends.

To avoid an automatic data package recharge, contact customer service at 400-608-8263 within China or at 1-877-482-5503 while in the US or Canada, or remove your China SIM card from your Device before your data runs out. Please note, if your data runs out and you opt not to recharge, calling and texting through the Device will be unavailable (though you can still use calling and texting through the iTalkBB Prime App). There will be no automatic charges for data packages once you depart from China.

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 China SIM Service may occur, and speed and quality of the China SIM Service varies. You agree we are not liable for problems relating to China SIM Service availability or quality.

Reasonable Use Policy

Monthly usage which is 30% higher than the average usage by iTalkBB Customers is considered unusual and excessive usage and is subject to evaluation by iTalkBB. 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 iTalkBB services. Based on these factors, iTalkBB 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 described below to enforce this Reasonable Use Policy.

Use of the China mobile numbers (“China Number”): iTalkBB has established Reasonable Residential Use for the China Number. Usage that exceeds: 3,000 China Number incoming minutes of use monthly, 300 China Number incoming calls monthly, or 20 China Number incoming calls on any day shall be considered outside of Reasonable Residential Use for the China Number.

To comply with regulation and policy in China, effective August 25, 2022, the following usage limits will be applied to your China Number incoming call service: (i) If you answer incoming calls on your China Number from 5 different numbers (20 if you are in China) within one day, all further incoming calls on your China Number will be blocked for the rest of that day;(ii) If you answer incoming calls on your China Number from 5 different numbers (20 if you are in China) on any two days within one billing month, your incoming call service on your China Number will be suspended for 30 days; (iii) If you answer incoming calls on your China Number from 20 different numbers (100 if you are in China) within one billing month, your incoming call service on your China Number will be suspended for 30 days; or (iv) If there are any two billing months of “Overuse” as describe in (ii) and (iii) above, your incoming call service on your China Number will be permanently suspended.

Based on these factors, iTalkBB may determine that abnormal, unreasonable or impermissible usage is occurring, and may (1) suspend or terminate your service to enforce this Reasonable Residential Use Policy for calling; or (2) charge a per minute charge (not to exceed USD 0.02) for all calls exceeding the Reasonable Residential Use limits for calling.

Data Usage and Network Management

iTalkBB establishes individual high-speed data Usage Levels for every customer ("Usage Level"). We monitor both your data uploads and downloads (referred to as "Actual Usage"), tallying it throughout your service period. Even attempted data requests contribute to your Actual Usage, regardless of completion. Exceeding your data allotment makes you responsible for the additional usage. Engaging in high-bandwidth activities or peer-to-peer sharing can notably impact your Usage Level.

To ensure consistent service quality, we manage network capacity by temporarily reducing data speeds for excessive bandwidth users. If your usage disrupts others' service, we reserve the right to suspend, terminate, or limit your session. We regulate network traffic to maintain high speeds for essential services, which might affect speeds for other services during congested periods.

Misuse of Service

By activating or renewing China SIM Service, you agree to use it solely for its intended purposes. This includes refraining from reselling or transferring the China SIM card to others after its purchase, as it is meant only for personal use by the account owner. Engaging in illegal activities using the China SIM Card will hold the account owner responsible for any corresponding legal liabilities. Any misuse of the China SIM Service, such as unlawful behavior, disruptions to our network, spam, or excessive data usage, may result in immediate suspension or termination without notice. iTalkBB reserves the right to limit, suspend, or terminate your China SIM Service based on observed breaches of terms or excessive usage. Reinstating a suspended account may incur a reactivation fee.

Unauthorized Use/Stolen Device

If your China SIM card is stolen or if you become aware of unauthorized use of the China SIM Service, you must notify us immediately to suspend the China SIM Service. You are responsible for all charges associated with the usage of iTalkBB Prime App and the China SIM card to your account with iTalkBB (“Account”) until the China SIM Service are suspended. If your SIM card is lost, you may contact iTalkBB to purchase a new SIM card. You shall be responsible for the additional SIM card charge and the shipping costs.

Telephone Numbers

Any telephone number provided to Customer by iTalkBB shall be leased and not sold. iTalkBB reserves the right to change, cancel or move the number in its sole discretion. The availability of all China Numbers is subject to and dependent upon the network facilities and regulatory environment in China. iTalkBB cannot guarantee connection to any China Number from all cities and regions in China. iTalkBB further cannot guarantee uninterrupted service on China Numbers.

Identity Verification

If you purchase the China SIM Service online or by telephone, you must visit an iTalkBB Service Facility and provide your United States Passport, Canadian Passport or Chinese Resident Identity Card for Identity Verification. The iTalkBB Service Facility staff will upload your ID for verification. In addition, starting on February 22, 2023, while at the iTalkBB Service Facility, the staff will record a short video of you to ensure that the video image matches the photo on your passport. You may review the locations of the official iTalkBB Service Facilities on the following link: https://www.italkbb.com/us/en/contact-us.html?stores

If you have an existing iTalkBB China Number and intend to switch it to the China SIM Service, you must visit the iTalkBB Service Facility to re-upload of your United States Passport, Canadian Passport or Chinese Resident Identity Card and undergo the video process again. Failure to do so will prevent iTalkBB from activating your China SIM Service, in compliance with regulations and policies originating in China.

Billing

Upon purchase, you're required to provide iTalkBB with a valid credit card from an accepted issuer. You authorize iTalkBB to charge the credit card number ("Credit Card") for all charges arising from your use of the China SIM Service and any other iTalkBB services (the “Services”). You must notify iTalkBB of any change to the Credit Card information including, without limitation, changes in account number, expiration date and billing address. Monthly invoices will be provided online, with charges billed to your credit card, including SIM card fee, monthly service fees, activation fee, usage charges, shipping fees, regulatory fees, or taxes. Service fees, regulatory fees, and taxes are paid in advance for each service month. Toll charges and additional fees are billed at the end of each service month. Data usage charges will be charged upfront and reflected on the subsequent monthly invoices. iTalkBB may charge your credit card if toll charges exceed $20 within a service month. Billing begins upon service purchase, and the first month's fee is prorated for any partial month.

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.

Taxes, Fees, and Surcharges

You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give advance notice of changes of 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.

Late Payment / Non-Payment

If any charges for China SIM Service are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, iTalkBB may suspend or terminate the China SIM Service 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.

Purchase of the Bundled Products

If Customer purchases the China SIM Service and one or more other iTalkBB products/services (or products/services sold by iTalkBB), the purchase is considered a “Bundled Purchase”. For all Bundled Purchases, the “Activation Date” for all products in the Bundle shall be the Activation Date for the first product/service in the Bundle to activate.

For all products/services in a Bundled Purchase, the Trial Period, if applicable, will commence on the Activation Date for the Bundled Purchase as described in the immediately preceding paragraph.

Master and Sub Accounts

When Customer purchases any iTalkBB product/service (or product/service sold by iTalkBB), a Master Account will be established for that Customer. If the Customer purchases additional iTalkBB products/services a Sub Account will be established for each separate product/service.

Use of the iTalkBB Prime App Service

To access the China SIM Services, you will need to subscribe to the iTalkBB Prime App service. While in the US, to access all the service benefits offered through the iTalkBB China SIM Service, you must have the latest version of the iTalkBB Prime App properly installed. iTalkBB China SIM Service together with the activated iTalkBB Prime App enable you to RECEIVE and REPLY inbound messages from China and MAKE/RECEIVE calls to/from China through Wi-Fi and data. However, no outbound messages can be originated from your China Number. You are responsible for any charges from your Provider for the data or minutes used. Using (logging into) your iTalkBB Prime App and the corresponding China SIM Service (by inserting the China SIM card into the device) in two different countries could lead to the blocking of both services. The iTalkBB Prime App is not a replacement for your ordinary telephone service or mobile service when you are in the US. Neither non-usage of the China SIM Service nor misdialing while using the China SIM Service entitles you to a credit or refund. To find out more about iTalkBB Prime App, please refer to the iTalkBB Prime App Terms and Conditions.

Termination of Service

iTalkBB reserves the to suspend, discontinue, or terminate the China SIM Service and/or this Agreement at its sole discretion, without prior notice to you. If the China SIM Service is terminated by iTalkBB 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 China SIM 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 an Early Termination Fees as set forth above and all such charges shall be immediately due and payable.

Customer Service

For more information on our customer service, please review the "Support" section at our web site ( https://www.italkbb.com/us/en/contact-us.html?stores ) , iTalkBB assumes no obligation to provide support services for any third-party products or services, or for problems with our service caused by third party products or services.

Intellectual Property Rights and Usage

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

You understand that by posting materials or information on the site or web pages where you download the iTalkBB Prime App or otherwise providing feedback and/or suggestions to iTalkBB, you are granting iTalkBB a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the iTalkBB Services. Furthermore, you understand that iTalkBB retains the right to reformat, excerpt, or translate any materials submitted by you.

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 https://www.italkbb.com/us/chs/terms-conditions.html#Privacy . We may change our Privacy Policy without notice.

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 at all times to disclose any information as We deems necessary to satisfy any applicable law, regulation, legal process or governmental request. We may share your information with the affiliated companies of iTalkBB to ensure the continuity of your China SIM Service. You consent to receive promotional emails from iTalkBB and its affiliated companies.

Warranty and Limitation of Liability

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 PROVIDED UNDER THIS AGREEMENT.

ITALKBB MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES 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 ITALKBB.

iTalkBB is not liable for acts or omissions of another Provider, for information provided through your device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages or for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of China SIM Service by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed China SIM Service charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the China SIM Service. iTalkBB's liability shall be limited to the lesser of actual damages or one thousand dollars ($1,000). This paragraph remains in effect after termination of the Agreement.

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 China SIM Service, including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the Chins SIM Service and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the China SIM Service.

Governing Law and Dispute Resolution

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. Foreign laws are not considered applicable.

All claims or disputes between Customer and iTalkBB arising in any way whatsoever out of the Services 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.

Force Majeure

iTalkBB China SIM Service will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.

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 made by our client services agents, representatives, or employees related in any way to the subject matter hereof. Should any part of this Agreement be found invalid, the remaining portions remain legally enforceable.

Updated: March 18, 2024

© iTalk Global Communications, Inc., March 2024 – All Rights Reserved

v.MCN240301US

DATA SIM CARD SERVICE TERMS AND CONDITIONS

These Terms and Conditions ("T&Cs") are part of your service agreement with iTalk Global Communications, Inc., including its affiliates, assigns, and agents ("iTalkBB" "we" "us” or "our") and constitutes 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, and (iii) the service plan(s) that you choose as set forth in our written services and transaction materials. The T&Cs for the Service are subject to change. For the most current version, please visit our website at https://www.italkbb.com/us/en/terms-conditions.html.

Please read these T&Cs carefully. They cover important information about the Data SIM Card services (the "Service"). These T&Cs include 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 ITALKBB STARTS WHEN YOU ACCEPT THESE T&Cs. You represent that you are at the age of majority in your province of residence and you are legally authorized to enter into this T&C. You accept this T&C by doing any of the following: (a) accepting this T&C online; (b) giving us a written or electronic signature, or telling us orally that you accept; or (c) activating the Service. IF YOU DO NOT WANT TO ACCEPT THESE T&Cs, DO NOT DO ANY OF THESE THINGS.

Dispute Resolution, Arbitration and Choice of Law

ITALKBB 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. iTalkBB 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 Notices and Customer Communications section below. iTalkBB and you each agree to negotiate your claim in good faith. If iTalkBB and you are unable to resolve the claim within sixty (60) days after iTalkBB receives your claim description, you may pursue your claim in arbitration. iTalkBB and you each agree that if you fail to timely pay amounts due, iTalkBB 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, iTalkBB 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. ITALKBB 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 iTalkBB.

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

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.

Third Party Providers

The Service is provided by a third-party that may be located in another country. 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. The 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.

Usage of the Service

iTalkBB offers the Service that can be used in various combinations of countries and territories (“Service Territory”). The Service has a predetermined data usage limit ("Data Limit”) and a validity period starting from the time of activation (“Validity Period”). Please refer to the specific Service Territory, Data Limit and Validity Period on the Service’s webpage and in the order confirmation email you received for your order.

Important features:

• The Service is a “data-only” service for use in the Service Territory;

• The Service is intended to be a “travel” product and would be repurchased for a later trip by the customer to the Service Territory;

• The Service is for one-time use only and does not include recharge services. Once the SIM card is activated, it cannot be recharged or reused;

• The Service will have an expiration date which will be conveyed to customers by order confirmation email. Customers are required to activate the Service before the expiration date;

• The Service is valid for the Validity Period from the time the SIM card is inserted into a phone (“Activation”), regardless of whether or not the phone is within the Service Territory. The Validity Period cannot be extended or paused;

• There are no data usage alerts or inquiry services available for the Service. It is your responsibility to monitor your data usage; and

• When your mobile data usage reaches the Data Limit, either the data speed will be reduced to a maximum of 128Kbps and you can continue to use the Service within the Validity Period, or no additional data will be provided. Please refer to the specific terms related to Data Limit on the Service’s webpage and in your order confirmation email. Please note that the actual data transmission speed will vary depending on many factors, including but not limited to network usage, phone model, settings (including phone hardware and software, etc.), upload/download content, and other external factors.

Service Availability

Actual Service Territory, 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.

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 iTalkBB 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 calling 1-877-482-5503.

Pre-paid Service

The Service is a pre-paid service. You will pay the pre-paid service amount, connection fee, if applicable, and Sales Taxes at the time of purchase. You agree to pay all taxes and fees imposed by governments or governmental entities. We may not give advance notice of changes of taxes and fees. To determine taxes and fees, we will use the street address you identified at the time of purchase.

No Refunds for Pre-Paid Service Plans

The Service is a pre-paid service plan that can be purchased from us at any time; provided that no refunds will be provided for any amounts paid to us in connection with this Service plan.

Change to the Bundled Services

New customers who subscribe to iTalkBB Home Phone or Prime App services may receive a free Data SIM Card as part of their selected promotion. However, in the event that you receive the free Data SIM Card as part of the bundled services and decide to cancel your Home Phone or Prime App service during the Trial Period, you will be required to either return the unused Data SIM Card or be charged the full retail price for it.

Intellectual Property

You agree not to infringe, misappropriate, dilute or otherwise violate the intellectual property rights of iTalkBB or any third party. Except for a limited license to use the Service, your purchase of Service does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of iTalkBB or others related to the Service; this intellectual property may be used only with iTalkBB Service unless expressly authorized by iTalkBB. You agree that a violation of this section harms iTalkBB, which cannot be fully redressed by money damages, and that iTalkBB 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 https://www.iTalkbb.com/us/en/terms-conditions.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

pUNLESS 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, 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.

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 the Dispute Resolution, Arbitration and Choice of Law Section, 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 iTalkBB and you and defines all of the rights you have with respect to your Service, 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; iTalkBB 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: June 1, 2023

© iTalk Global Communications, Inc., June 2023 – All Rights Reserved

ITALKBB CHINESE TV TERMS AND CONDITIONS

This agreement ("Agreement") is between Beijing iTalkTV Technology Co. Ltd (“Beijing iTalkTV”) and an end user ("you" or "Customer"). iTalk Global Communications, Inc. is the Exclusive Authorized Sales Agent for all Beijing iTalkTV IPTV products and services in North America ("Agent"). Under a license agreement between Agent and Beijing iTalkTV, the brand name "iTalkBB Chinese TV" shall be used to identify Beijing iTalkTV and all IPTV services offered in North American by Beijing iTalkTV 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 Beijing iTalkTV 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 iTalkBB Chinese TV customers in the United States:

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.

Automatic Renewal.

Monthly Service Plans are automatically renewed for the same Plan at the then prevailing subscription fee for an additional month unless Customer provides notice of cancellation prior to the end of any Service month. On or about the anniversary date of any Annual Service Plan the plan will be automatically renewed for an additional one year term at the then prevailing annual Plan subscription fee by charging Customers Credit card of record, unless not less than thirty (30) days prior to the anniversary date, Customer provides iTalk HK or its Agent notice of Customer's desire to cancel service or change to a different Service Plan or payment plan.

Taxes.

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.

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.

Purchase of the Bundled Products

If Customer purchases iTalkBB Chinese TV and one or more other Agent products/services (or products/services sold by Agent) WITHIN A 24 HOUR PERIOD, the purchase is considered a “Bundled Purchase”. For all Bundled Purchases, the “Activation Date” for all products in the Bundle shall be the Activation Date for the first product/service in the Bundle to activate.

For all products/services in a Bundled Purchase, the Trial Period, if applicable, will commence on the Activation Date for the Bundled Purchase as described in the immediately preceding paragraph.

Master and Sub Accounts

When a Customer purchases any iTalkBB product/service (or product/service sold by iTalkBB), a Master Account will be established for that Customer. If the Customer purchases additional iTalkBB products/services a Sub Account will be established for each separate products/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 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 Texas, US.

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 Texas, US 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 italktv.copyright@outlook.com.

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 italktv.copyright@outlook.com.

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: April 13, 2021

© Beijing iTalkTV Technology Co. Ltd, 2021

ITALKBB HOME PHONE TERMS AND CONDITIONS

This agreement ("Agreement") is between iTalk Global Communications Inc. ("iTalkBB") and an end user ("you" or "Customer") of iTalkBB Home Phone Residential Communications Services and any IP telephone, analog telephone adapter or any other IP connection device or related products or services ("iTalkBB Home Phone Services"). All iTalkBB Home Phone 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 , PROVIDED THAT, ITALKBB OFFERS ALL ITALKBB HOME PHONE SERVICES USERS A MOBILE APPLICATION (“ITALKBB PRIME APP”) IF YOU USE THE ITALKBB PRIME APP PLEASE SEE THE ITALKBB PRIME APP TERMS AND CONDITIONS. FOR ALL ISSUES REALTING TO THE ITALKBB PRIME APP, THE ITALKBB PRIME APP TERMS AND CONDITIONS SHALL GOVERN ANY AND ALL SUCH ISSUE.

The iTalkBB Prime App is specifically designed to offer unique and exclusive features that are available to users by access to proprietary software hosted by iTalkBB. These software as a service (SaaS) features enable the customer to utilize a number of communication features not routinely available from telecommunications providers.

The rates and charges for the iTalkBB Home Phone Services, 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, please see the most current version of the Agreement, or if you have questions about your services, please visit our website at www.italkbb.com.

Term

Your subscription to iTalkBB Home Phone Services will continue until you cancel it. Depending upon the plan you choose, the initial subscription term is for one year or two years. At the end of that initial term, your subscription will automatically renew on a month to month basis. The iTalkBB Home Phone Services are automatically renewed unless Customer provides iTalkBB notification of intent to terminate the iTalkBB Home Phone Services not less than thirty (30) days prior to effective date of termination as set forth in Termination of Service Section 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 utilizing the iTalkBB Home Phone Services. 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 HOME PHONE SERVICES DO INCLUDE E911 ACCESS TO EMERGENCY SERVICES, AND IN GEOGRAPHICAL AREAS WHERE E911 IS NOT AVAILABLE, ITALKBB HOME PHONE SERVICES INCLUDE GENERAL EMERGENCY DIALING AND VOICE RESPONSE. 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 Home Phone Services 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 the Emergency Services. Customer further acknowledges that iTalkBB Home Phone 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 iTalkBB Home Phone Services, you must provide the physical location where you will be using the iTalkBB Home Phone Services. 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 Home Phone Services 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 Home Phone Services, 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 iTalkBB Home Phone Services, including the iTalkBB Home Phone Services 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 Home Phone Services account is suspended or terminated for any reason, your iTalkBB Home Phone Services, including emergency dialing service will not function.

DISCLAIMER OF LIABILITY AND INDEMNIFICATION

iTalkBB Home Phone Services does not control how 911 calls are answered or handled by any local emergency response center. iTalkBB Home Phone Services disclaims all responsibility for the actions and conduct of any and all national and local emergency response centers. iTalkBB Home Phone Services relies entirely upon third parties to route 911 calls to local and national emergency response centers. iTalkBB Home Phone Services 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 officers , 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 iTalkBB Home Phone Services, unless such claims arose from iTalkBB Home Phone Services’ 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 iTalkBB Home Phone Services, including the iTalkBB emergency dialing service or access to emergency service personnel.

CANCELLATION OR TERMINATION OF SERVICE

If you cancel your iTalkBB Home Phone Services or, if iTalkBB terminates your iTalkBB Home Phone Services for any reason, you will no longer have access to 911 Emergency Dialing Services.
911 dialing from the iTalkBB Prime App. The iTalkBB Prime App is not a replacement of your cellular service, you cannot make emergency (911) calls using the iTalkBB Prime App. if you attempted to make a 911 call from the iTalkBB Prime App, the App will close and the call will be placed your cellular provider’s network. This does not prevent you from making emergency calls via your cellular provider. If you make a 911 call on your cellular phone neither your iTalkBB Home Phone number nor your location will be reported to an emergency operator.

UNDERSTANDING, ACKNOWLEDGEMENT AND ALTERNATIVE 911 SERVICE:

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

Incompatibility with Other Devices

You acknowledge that iTalkBB Home Phone Services 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 Home Phone Services for interference with or disruption of these services and equipment, as well as any claim that iTalkBB Home Phone Services is responsible for any disruption of your business, if applicable.

While iTalkBB Home Phone Services 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 Home Phone 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 Home Phone Services for your other calling needs.

Equipment and Devices

To provide iTalkBB Home Phone Services, iTalkBB may provide Equipment or IP devices to you. 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 iTalkBB. iTalkBB reserves the right to suspend and cancel your service where you failed to use the Equipment provided by iTalkBB.

If you copy or alter any iTalkBB firmware of software of the Equipment or the iTalkBB Prime App in any way that facilitates a compromise of iTalkBB Home Phone Services, you shall be responsible for any cost or damage incurred by iTalkBB Home Phone Services. If you use the iTalkBB Prime App, you are granted a limited, not exclusive, revocable license sole for your use of the application. You are not allowed to remove, alter, or destroy, any proprietary trademark or copyright marking placed upon or contained within the Equipment and iTalkBB Prime App software. You shall not attempt to derive the iTalkBB software source code.

Money Back Guarantee - Trial Period - Cancellation Policy

iTalkBB Home Phone Services offers a thirty (30) day trial period ("Trial Period") to new Customers for their first iTalkBB Home Phone Services account. The Trial Period commences on the "Activation Date". The Activation Date is the first to occur of the date that is six (6) days after the date the Equipment is shipped (including the shipping day) or the date Customer places the first call on the iTalkBB Home Phone Services. If Customer is not satisfied with the iTalkBB Home Phone Services, Customer may terminate the iTalkBB Home Phone Services 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 plan selected by Customer) or any local, state or federal taxes charged to Customer. If customer does not send the iTalkBB Equipment 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 in the amount of $59.99 will apply. To cancel during the Trial Period, 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 iTalkBB'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, the Deactivation Fee of $59.99 will not be refunded to Customer. Upon receipt of the Equipment by iTalkBB, 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 are satisfied. Early Termination fees do not apply if Customer terminates a non-contract plan at any time and all conditions of this Section are satisfied.

iTalkBB Home Phone and Business Plan Services - Usage

IMPORTANT NOTICE: IF YOU USE THE ITALKBB PRIME APP PLEASE SEE THE ITALKBB PRIME APP TERMS AND CONDITIONS FOR CALLING AND TEXTING REASONABLE RESIDENTIAL USE POLICY.

iTalkBB Home Phone and Business Plan Reasonable Use Policy

iTalkBB Home Phone and Business Plan Services has developed the following Reasonable 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 Home Phone and Business Plan Services.

Reasonable Residential Use

Unless Customer purchases iTalkBB Business Plan, Customer acknowledges that he or she has purchased residential services and features under one of iTalkBB Home Phone Services’ plan offerings ("Plan") for Customer's personal, residential, non-business and non-professional use. Customer agrees that iTalkBB's iTalkBB Home Phone Services 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 iTalkBB Home Phone Services’ 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 iTalkBB Home Phone residential customers is considered unusual and excessive usage and is subject to evaluation by iTalkBB. In addition, usage involving specific numbers called, average call durations, forwarding and transferring, conferencing and unusually short duration calling, constitute impermissible use(s) of iTalkBB Home Phone Services.

Business Use Policies

For all customers subscribing to an iTalkBB Business Plan, your account will be billed on your normal Billing Date (Anniversary Date). Monthly service fees are paid in advance of each month's iTalkBB Business Plan Services. Toll charges and other applicable charges are billed on your normal Billing Date, Provided That, iTalkBB will bill your Credit Card for toll charges that exceed $20.00 at any time during any month. In the event that iTalkBB is unable to bill your Credit Card for toll charges for any reason, iTalkBB reserves the right to suspend your iTalkBB Business Plan account. If payment is received within 45 days after suspension, the account will be reactivated. If payment is not received within 45 days after suspension, your iTalkBB Business Plan Service will be terminated.

Use of the China Number

iTalkBB has established Reasonable Residential Use for the China Number. Usage that exceeds: 3,000 China Number incoming minutes of use monthly, 300 China Number incoming calls monthly, or 20 China Number incoming calls on any day shall be considered outside of Reasonable Residential Use for the China Number.

To comply with regulation and policy in China, effective August 25, 2022, the following usage limits will be applied to your China Number incoming call service: (i) If you answer incoming calls on your China Number from 5 different numbers (20 if you are in China) within one day, all further incoming calls on your China Number will be blocked for the rest of that day;(ii) If you answer incoming calls on your China Number from 5 different numbers (20 if you are in China) on any two days within one billing month, your incoming call service on your China Number will be suspended for 30 days; (iii) If you answer incoming calls on your China Number from 20 different numbers (100 if you are in China) within one billing month, your incoming call service on your China Number will be suspended for 30 days; or (iv) If there are any two billing months of “Overuse” as describe in (ii) and (iii) above, your incoming call service on your China Number will be permanently suspended.

Based on these factors, iTalkBB may determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps including, but not limited to, (1) suspend or terminate your service to enforce this Reasonable Residential Use Policy; or (2) charge a per minute charge (not to exceed USD 0.02) for all calls exceeding the Reasonable Residential Use limits.

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 iTalkBB's enforcement provisions shall apply to all iTalkBB Plans, including, without limitation, the iTalkBB Business Plan.

iTalkBB'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 iTalkBB Home Phone Services, 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 iTalkBB's iTalkBB Home Phone Services 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 iTalkBB'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 iTalkBB'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 iTalkBB Home Phone 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 iTalkBB Home Phone 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 , regulatory/regulatory recovery fees and all other applicable charges. Monthly service fees are paid in advance of each month's iTalkBB Home Phone Services. Toll charges and other applicable charges are billed at the end of each service month. iTalkBB reserves the right to charge Customer's Credit Card at any time during a service month if Customer's toll charges exceed $20.00 dollars. Billing for monthly service fees, deposits and other applicable charges commences upon Activation of iTalkBB Home Phone Services, and the first month's monthly service fees will be prorated to take into account any partial month of iTalkBB Home Phone Services.

Toll Charges

All calls to or from Equipment (or to or from iTalkBB Prime App) using the iTalkBB Home Phone Services that originates or terminates in the 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 Home Phone Services Customer will be charged at the then current international rates published on iTalkBB's website. The duration of each call will be calculated in one minute increments.

Telephone Numbers

Any telephone number provided to Customer by iTalkBB Home Phone Services shall be leased and not sold. Customer may not use such number with any other device other than the Equipment (or the iTalkBB Prime App) with the express prior written consent of iTalkBB Home Phone Services. iTalkBB reserves the right to change, cancel or move the number in its sole discretion.

China Number

For Chinese immigrant customers, new Home Phone subscribers have the option to a China telephone number (“China Number”). The charge for the China Number is in addition to the Home Phone Calling Plan the subscriber chooses. The China Number Service is a month-to-month service paid one month in advance and you may cancel at any time at least 48 hours before any monthly billing. Your friends and families in China may contact you on the China Number and pay only local call charges in China. If you are an iTalkBB Home Phone Service (APP) user, you may receive and reply text messages on the China Number.

PLEASE SEE REASONABLE RESIDENTIAL USE POLICY FOR CHINA NUMBER IN ITALKBB HOME PHONE AND BUSINESS PLAN SERVICES - USAGE ABOVE.
The availability of the China Number is subject to and dependent upon the network facilities and regulatory environment in China. iTalkBB cannot guarantee connection to any China Number from all cities and regions in China. iTalkBB may have a limited number of China Number for some or all regions of China and cannot guarantee number availability at all times. iTalkBB further cannot guarantee uninterrupted service on China Number.

China Number Identity Verification

If you purchase a China Number online or by telephone, you must visit an iTalkBB Service Facility and provide your United States Passport, Canadian Passport or Chinese Resident Identity Card for Identity Verification.

The iTalkBB Service Facility staff will upload your ID for verification. In addition, starting on February 22, 2023, while at the iTalkBB Service Facility, the staff will record a short video of you to ensure that the video image matches the photo on your passport. You may review the locations of the official iTalkBB Service Facilities on the following link: https://www.italkbb.com/us/en/contact-us.html?stores

If you have uploaded your Chinese Passport for identity verification before August 12, 2022, you must visit the iTalkBB Service Facility to complete the upload of your United States Passport, Canadian Passport or Chinese Resident Identity Card and the video process. If you do not do so, iTalkBB will suspend your China Number Service due to regulations and policies originating in China.

Billing Disputes

Customer must dispute any charges for the iTalkBB Home Phone 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 iTalkBB Home Phone Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, iTalkBB may suspend or terminate the iTalkBB Home Phone Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% monthly 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. For California Online Subscribers Only: You received an email Confirmation after your subscription to retain in your records. That email describes online cancellation processes.

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 Services. 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 Home Phone is required to pay in order to enable your access to global public telecommunications networks. iTalkBB Home Phone Services 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 Services monthly 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 Services. Such charges are in addition to your iTalkBB Home Phone Services 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 Services. 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 and 911 emergency dialing fees are added to your monthly or annual billing (see FAQs below). iTalkBB collects these sales taxes and fees from you and pays them over to the appropriate taxing authority or governmental agency.

FAQs:

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 Home Phone Services 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 two (2) charges on your credit card statement during the first month.

For all the unlimited calling plan users, iTalkBB Home Phone Services will make one charge at the beginning of the month which includes current monthly fee, "Applicable Regulatory/Compliance Fees and Charges", and applicable 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. Starting from the second billing cycle, your monthly payment will include monthly fee, Applicable Regulatory/Compliance Fees and Charges, and the applicable 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 Home Phone Services Applicable Regulatory/Compliance Fees and Charges is an additional charge over and above the basic fee for your iTalkBB Home Phone Services. 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 an annual plan participant user, you will be charged the annual amount of iTalkBB Home Phone Services Applicable Regulatory/Compliance Fees and Charges upon your sign up and on each annual anniversary.

How much is the iTalkBB Home Phone Services 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 include Federal, state, provincial, county, municipal and local government’s regulatory fees, contribution fees, emergency dialing charges, surcharges and other compliance fees accessed by such government entities on your iTalkBB Home Phone Services. 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 Home Phone Services is required to pay in order to enable your access to global public telecommunications networks, 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 Services monthly service charges or both, and may change from time to time without notice. Such charges are in addition to your iTalkBB Home Phone Services 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 Services.

What are my monthly recurring costs?

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

How are the Applicable Regulatory/Compliance Fees and Charges billed to the Customer?

Monthly plan customers will be charged on monthly basis for plan fees. The $3.95 flat fee will appear as a separate item from service charges in the iTalkBB Home Phone Services 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 renewal.

What are 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 Home Phone Services 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.

Why am I seeing 911 and Emergency Dialing fees on my Bill?

As a provider of telecommunications services, iTalkBB is responsible for collecting and remitting 911 and emergency dialing fees imposed by each state, county, city, or district within the customer’s service area.  These taxes and fees cover costs associated with maintaining public safety communications networks, such as police or fire departments, and other emergency or dispatch services.

Purchase of the Bundled Products

If Customer purchases iTalkBB Home Phone Services and one or more other iTalkBB products/services (or products/services sold by iTalkBB) WITHIN A 24 HOUR PERIOD, the purchase is considered a “Bundled Purchase”. For all Bundled Purchases, the “Activation Date” for all products in the Bundle shall be the Activation Date for the first product/service in the Bundle to activate.

For all products/services in a Bundled Purchase, the Trial Period, if applicable, will commence on the Activation Date for the Bundled Purchase as described in the immediately preceding paragraph.

Master and Sub Accounts

When a Customer purchases any iTalkBB product/service (or product/service sold by iTalkBB), a Master Account will be established for that Customer. If the Customer purchases additional iTalkBB products/services a Sub Account will be established for each separate products/services.

Credits

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

Promotions

iTalkBB Home Phone Services 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 iTalkBB Home Phone Services to take advantage of such discounts.

Termination of Service

iTalkBB reserves the right to suspend or discontinue providing the iTalkBB Home Phone Services or Customer's Service at any time in its sole discretion. If the iTalkBB Home Phone Services is terminated by iTalkBB 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 iTalkBB Home Phone Services 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. In addition, unbilled charges and Early Termination and Deactivation Fees as set forth in below (See Early Termination and Deactivation Fees Section) shall be immediately due and payable.

If you stop utilizing your iTalkBB Prime App or delete the App from you cellular phone, you HAVE NOT CANCELLED OR TERMINATED YOUR ITALKBB HOME PHONE SERVICES. IN ORDER TO TERMINATE YOUR ITALKBB HOME PHONE SERVICES YOU MUST FOLLOW THE CANCELLATION PROCEDURES SET FORTH IN THESE TERMS AND CONDITIONS.

Early Termination and Deactivation Fee

For contract plans, if the Customer terminates the iTalkBB Home Phone Services within the contract term after the Activation Date and after expiration of the Trial Period, iTalkBB shall charge an Early Termination Fee to Customer's credit card in the amount of $99.00. All Customers that terminate the iTalkBB Home Phone Services 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 iTalkBB as follows: (a) Call iTalkBB at 1-877-482-5503 to obtain an Equipment Return Authorization from iTalkBB's Customer Care Department, and (b) Mail the Equipment to iTalkBB 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, 5401 Port Royal Rd, Ste C, Springfield, VA 22151, USA 22151-9806. 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, 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 retention of the iTalkBB Home Phone Services for a specific length of time, the specified period begins on the Activation Date (unless otherwise specified in the offer you received). If you terminate your iTalkBB Home Phone Services before that period of time expires, you will be invoiced for the amount equal 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, iTalkBB Home Phone Services or Plan

iTalkBB reserves the right to change the Agreement, iTalkBB Home Phone Services or Plan at any time ("Change"). Changes will be posted on iTalkBB's website thirty days before the effective date of the Change, Provided That, all changes to Toll Rates and International Rates shall be effective immediately when posted on the website. Notice is deemed received by Customer and Changes will be binding on Customer on the effective date of such Change. Customer is deemed to have accepted the Change(s) unless Customer terminates the iTalkBB Home Phone Services prior to the effective date of the Change. If Customer elects to terminate the iTalkBB Home Phone Services, Customer will be liable for all amounts due and an Early Termination Fee or Deactivation Fee, if applicable.

Technical Support

iTalkBB provides technical support for iTalkBB Home Phone 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 THESE TERMS ANS CONDITIONS.

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 ITALKBB.

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, and delay in installation, activation or commencement of iTalkBB Home Phone Services. With respect to any other legal claim or dispute, iTalkBB'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 iTalkBB Home Phone 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 iTalkBB Home Phone 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 iTalkBB Home Phone Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the iTalkBB Home Phone Services.

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 iTalkBB Home Phone 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 iTalkBB Home Phone Services or Equipment shall be and at all times remain sole property of iTalkBB and are protected by all applicable intellectual property rights laws, including, without limitation, 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.

Ef Updated: September 13, 2023

© iTalk Global Communications, Inc., September 2023 – All Rights Reserved

v.BB230901US

AIJIA® HOME SECURITY TERMS AND CONDITIONS AND END USER LICENSE AGREEMENT

iTalk Global Communications, Inc. ( “iTalk” “us” or “we” ) offers a range of smart home monitoring and alarm products, including the AIjia® Smart Home Security Camera System ( “Camera System” ) and AIjia® Smart Home Alarm System ( “Alarm System” ) (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 Features.

If you are an existing iTalkBB Home Phone 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 E911 dispatch purposes. The E911 feature only supports one address per account. iTalkBB purchases 911 services from third parties.

If you are not an iTalkBB Home Phone Customer, this Services includes a special E911 Feature as follows: When you subscribe you will be required to provide (1) a E911 address for E911 dispatch purposes; and (2) a call back number for emergency responders to call you back if they have any questions – the call back number may be your mobile phone number or your home number. This special feature will allow you to call E911 by pressing the Emergency button on your Home Security App.

FOR ALL E911 FEATURES DESCRIBED ABOVE, 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). IF YOU CANCEL ANY ITALK SOLUTION PLAN (CONTRACT OR MONTH-TO-MONTH) YOU WILL NOT BE ABLE TO USE THE E911 FEATURE.

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 devices in their original condition for a full refund of the device fee, if applicable, the monthly service fee and sales taxes. All other signup fees and shipping fee are non-refundable. Failure to return the devices during the Trial Period will result in a charge of $179 USD per camera device, $29 USD per Camera System base station device, and $19.99 USD per Alarm System device (“Unreturned Device Fee”), along with any applicable taxes. Additionally, using double-sided tape on the Alarm System devices will be considered as altering their original condition. Even if you cancel during the Trial Period, you are still liable to pay $19.99 USD for each used Alarm System device (“Used Device Fee”). 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.

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 cancel your subscription after the trial period and prior to the expiration of the Initial Subscription Term, you agree to immediately pay us an early termination fee equal to $119 USD per camera device and $99 USD per Alarm System set (“Early Termination Fee”).

7.1. 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.

7.2. 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.

7.3. 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. iTalk offers limited installation services in certain geographical locations through a third party contractor. Except for this limited installation service, 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. IF YOU INSTALL THE PRODUCT, ITALK WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO PROPERLY INSTALL. FURTHER, ITALK WILL NOT BE RESPONSIBLE FOR ANY FAILURE TO 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.Back-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 and the Digital Millennium Copyright Act (“DMCA”)

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.

We take claims of copyright infringement seriously. iTalk Global Communications, Inc. is registered with the United States Copyright Office as a Service Provider (refer to the Digital Millennium Copyright Act, 17 USC 512, or “DMCA”). If you believe any materials accessible on or from the iTalk Solution infringe your copyright, you may request removal of those materials (or access to them) from the iTalk Solution by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

We take claims of copyright infringement seriously. iTalk Global Communications, Inc. is registered with the United States Copyright Office as a Service Provider (refer to the Digital Millennium Copyright Act, 17 USC 512, or “DMCA”). If you believe any materials accessible on or from the iTalk Solution infringe your copyright, you may request removal of those materials (or access to them) from the iTalk Solution by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the iTalk Solution, a representative list of such works.

Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

Adequate information by which we can contact you (including your name, postal address, telephone number, and e-mail address).

Your physical or electronic signature.

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the written notice is accurate.

A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated copyright agent to receive DMCA Notices is:

DMCA Agent
iTalk Global Communications, Inc.
Attn: Legal Department
1120 South Capital of Texas Highway, Bldg. 3, Suite 110
Austin, Texas, 78746
E-mail: iTalklegal@iTalkglobal.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on the iTalk Solution is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

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 the service plan option for a contract subscription period (the “ Initial Subscription Term ”). Please refer to the Initial Subscription Term on the webpage of the AIjia Home Security System and in the confirmation email you received for your order. 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 Home Security App is first paired with the Camera System or Alarm System, or the 6th day after shipment or store pickup (“ Activation Date ”) to cancel service for a refund of the device fee, if applicable, monthly service fee and sales taxes. All other signup fees and shipping fee are non-refundable. To receive a refund of the device fee, if applicable, monthly service fee and sales taxes, you must notify iTalk Support within 30 days of the Activation date, and return the devices in their original condition. If you fail to return the devices, an Unreturned Device Fee of $179 USD per camera device, $29 USD per Camera System base station device, and $19.99 USD per Alarm System device, along with any applicable taxes, will be charged. 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. For California Online Subscribers Only: You received an email Confirmation after your subscription to retain in your records. That email describes online cancellation processes.

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 cancel your subscription prior to the expiration of the Initial Subscription Term, you agree to pay an Early Termination Fee of $119 USD per camera device and $99 USD per Alarm System set, along with any applicable taxes. 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.

If you cancel all of your iTalk Solution plans or elect not to renew them, your Mobile Application will be disabled within 30 days. After it is disabled, you will not be able to use any features in the Mobile Application. If you only cancel either the Camera System plan or the Alarm System plan, you'll still retain access to your Mobile Application. However, the functions related to the Camera System or Alarm System will be disabled in your Mobile Application based on the plan you cancel.

15.4.Activation of the Bundled Products.

If Customer purchases the iTalk Solution and one or more other iTalk products/services (or products/services sold by iTalk) WITHIN A 24 HOUR PERIOD, the purchase is considered a “Bundled Purchase”. For all Bundled Purchases, the “Activation Date” for all products in the Bundle shall be the Activation Date for the first product/service in the Bundle to activate.

For all products/services in a Bundled Purchase, the Trial Period, if applicable, will commence on the Activation Date for the Bundled Purchase as described in the immediately preceding paragraph.

15.5. Master and Sub Accounts.

When a Customer purchases any iTalk product/service (or product/service sold by iTalk), a Master Account will be established for that Customer. If the Customer purchases additional iTalk products/services a Sub Account will be established for each separate products/services.

16.Warranties; Disclaimers.

16.1.Limited Warranty

The Home Security devices 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 “Camera Warranty Period”) the Cameras will be free from material defects in materials and workmanship (the “Camera Limited Warranty”). Except as provided in Section 6, this Camera Limited Warranty is an exchange only warranty, requiring you to return the defective device for replacement; no refunds or credits to your account will be issued. After the Camera Warranty Period, if a Camera is damaged and requires replacement, you will be responsible for the cost of the replacement device.

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, requiring you to return the defective device for replacement; no refunds or credits to your account will be issued.

16.1. c. Camera System Base Station Limited Warranty

iTalk represents and warrants that, for a period of thirty (30) days from the date of delivery (the “Camera System Base Station Warranty Period”) the Camera System Base Stations will be free from material defects in materials and workmanship (the “Camera System Base Station Limited Warranty”). Except as provided in Section 6, this Camera System Base Station Limited Warranty is an exchange only warranty, requiring you to return the defective device for replacement; no refunds or credits to your account will be issued. After the Camera System Base Station Warranty Period, if a Camera System Base Station is damaged and requires replacement, you will be responsible for the cost of the replacement device.

16.1d. Alarm System Device Limited Warranty

iTalk represents and warrants that, for a period of one year from the date of delivery (the “Alarm System Device Warranty Period”) the Security Alarm System Devices will be free from material defects in materials and workmanship (the “Alarm System Device Limited Warranty”). Except as provided in Section 6, this Alarm System Device Limited Warranty is a replacement only warranty; no refunds or credits to your account will be issued. After the Alarm System Device Warranty Period, if a Security Alarm System Device is damaged and requires replacement, you will be responsible for the cost of the replacement device.

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.

19.4.Account Deletion in Mobile Applications.

Users of the Mobile Application have ability to delete their accounts in the Mobile Application at any time. If you have any (i) overdue Fees; (ii) pending payment; or (iii) remaining balance, you must PAY THE BALANCE FISRT BEFORE DELETING YOUR ACCOUNT IN THE MOBILE APPLICATION.

You may continue to use the Mobile Application after deleting your account, but will lose the following features and functionalities after deletion:

a. You cannot log in, visit, use or reactivate your account;

b. The information, data, records, including historical record, device information and family group, under your account will be deleted by iTalk and cannot be recovered.

c. Your contact information, including name, user name, email, phone number and all other contact information, will be deleted by iTalk. Third party accounts, if any, that were associated with user’s account will be disconnected;

d. The Products and Services under your account will not be available to use. If there are any family members in the family group under your account, they cannot use the Products and Services after you delete your account.

e. Your payments will not be refunded. You may subject to cancellation fee if you are still on your Initial Subscription Term.

f. All information about user that was collected by iTalk prior to deletion of the account will be deleted, except as otherwise required by laws and regulations or national administrative, judicial, or law enforcement agencies.

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.Changes.

iTalk reserves the right to modify this Agreement, iTalk Solution services or plan at any time ("Changes"). The Changes will be published on iTalk's website thirty days before the effective date of the Changes, Once published, you will be considered notified and the Changes will be binding on you on the effective date of such Changes. You are deemed to have accepted the Changes unless you cancel the iTalk Solution prior to the effective date of the Changes. If you elect to cancel the iTalk Solution, you will be liable for any outstanding balances and an Early Termination Fee if applicable.

24.Force Majeure

iTalk shall not be liable for any failure or delay in the performance of its obligations under this Agreement due to circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, accidents, strikes, riots, war, government actions, equipment or power failures or any other unforeseen events.

25.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 right 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.

Updated: May 11, 2024

© iTalk Global Communications, Inc., May 2024 – All Rights Reserved

v.HS240502US

ITALKBB PRIME ® APP TERMS AND CONDITIONS

This agreement ("Agreement") is between iTalk Global Communications Inc. ("iTalkBB®") and an end user ("you" or "Customer") of iTalkBB Prime Mobile Application Services (“iTalkBB Prime® APP Services”), the iTalkBB Prime App Services include iTalkBB’s proprietary mobile application (“iTalkBB Prime App”) and assignment to you of a local China telephone/mobile number (“China Number”). All iTalkBB Prime App Services are governed by the terms and conditions of this Agreement. If you are subscribe for iTalkBB Home Phone Services, please see the iTalkBB Home Phone Terms and Conditions.

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

iTalkBB Prime App Services are specifically designed to offer unique and exclusive features that are available to users by access to proprietary software hosted by iTalkBB. These software as a service (SaaS) features enable the customer to utilize a number of communication features not routinely available from telecommunications providers.

The rates and charges for the iTalkBB Prime App Services, which may be found at www.italkbb.com, are effective as of October 1, 2021 and are subject to change. For your most current rates and charges, please see the most current version of this Agreement, or if you have questions about your services, please visit our website at www.italkbb.com.

Term

Monthly Plan:Your monthly subscription to iTalkBB Prime App Services will continue and renew on a month to month basis until you cancel the service. . The iTalkBB Prime App Services will automatically renew unless Customer provides iTalkBB notification of intent to terminate the iTalkBB Prime App Services not less than twenty-four (24) hours prior to the next regular billing date.

“Contract Plan” (1 year term):On or about the Anniversary Date of any Contract Plan the plan will be automatically renewed on a month-to-month basis by charging Customers credit card of record, unless, Customer cancels the iTalkBB Prime Service under the provisions of these Terms and Conditions. If Customer cancels a Contract Plan prior to the expiration of its term or any extended term, Customer may be required to pay an Early Termination Fee.

Annual Plan:Effective April 6, 2023, we are offering an Annual Plan for iTalkBB Prime App Services. On or about the Anniversary Date of any Annual Plan the plan will be automatically renewed for an additional one-year term by charging Customers credit card of record for a full year of services, unless, Customer cancels the iTalkBB Prime Service under the provisions of these Terms and Conditions.

IMPORTANT NOTICE REGARDING EMERGENCY SERVICES - 911 DIALING

ITALKBB PRIME APP SERVICES DO NOT INCLUDE ANY 911 EMERGENCY DIALING CAPABILITY. Your iTalkBB Prime App can be used only when downloaded to a smart mobile phone. All emergency dialing must be accomplished on your smart mobile phone exactly as you would if did not have the iTalkBB Prime App. Customer acknowledges that iTalkBB Prime App Services do not function with outdialing services including home security systems, medical monitoring equipment, fax machines or satellite television systems.

DISCLAIMER OF LIABILITY AND INDEMNIFICATION

iTalkBB Prime App Services, as described above, do not offer any 911 emergency dialing capability. All 911 emergency dialing must be done on your smart mobile phone. . 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 in any way to 911 emergency dialing or emergency response by emergency service personnel.

Incompatibility with Other Devices

You acknowledge that iTalkBB Prime App Services 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 Prime App Services for interference with or disruption of these services and equipment, as well as any claim that iTalkBB Prime App Services is responsible for any disruption of your business, if applicable.

Activation and Cancellation Policies

Activation: Your iTalkBB Prime App Services are “Activated” when you subscribed for the services online, at an iTalkBB Service Store location or by calling iTalkBB Customer Service.

Monthly Plan Cancellation:Your iTalkBB Prime App Services are provided on a month to month basis, you may cancel at any time by contacting the iTalkBB Customer Service Cancellation Department at 1-877-482-5503 NOT LESS THAN 24 HOURS PRIOR TO YOUR NEXT REGULAR BILLING DATE.

Contract Plan Trial Period and Cancellation Policy: For Customers subscribing to a Contract Plan, iTalkBB offers a thirty (30) day trial period (Trial Period). The Trial Period commences on the Activation Date. Customer may terminate the iTalkBB Prime App Services at anytime during the Trial Period, without penalty, provided that, iTalkBB will not refund any Activation fee or service fees charged at subscription, if applicable. To cancel during the Trial Period, contact iTalkBB Customer Service at 1-877-482-5503.

Contract Plan – Early Termination Fee:If Customer terminates the Contract Plan, prior to expiration of its term or the term of any extended Contract Plan, after Activation Date and after expiration of Trial Period, iTalkBB shall charge an Early Termination Fee to Customer’s credit card in the amount of $99.00. iTalkBB will cancel your services under standard cancellation processes.

Annual Plan Trial Period and Cancellation Policy: For Customers subscribing to an Annual Plan, iTalkBB offers a thirty (30) day trial period (Trial Period). The Trial Period commences on the Activation Date. Customer may terminate the iTalkBB Prime App Services Annual Plan at anytime during the Trial Period, without penalty, provided that, iTalkBB will refund 11-month of the prepaid Annual Plan service fees, regulatory recovery fee and sales taxes. To cancel during the Trial Period, contact iTalkBB Customer Service at 1-877-482-5503. If you cancel the Annual Plan after the Trial Period ends, we will not refund any portion of the services fees, regulatory recovery fee or sales taxes.

iTalkBB Prime App Services - Usage

iTalkBB Prime App Services Reasonable Residential Use Policy

iTalkBB Prime App Services 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 Prime App Services.

Reasonable Residential Use

Customer acknowledges that he or she has purchased iTalkBB Prime App residential services for Customer's personal, residential, non-business and non-professional use. Personal, residential, non-business and non-professional use shall apply to all calls and text messages originated by Customer. Customer agrees that iTalkBB Prime App Services are intended for use by Customer on his or her smart mobile phone.

Impermissible Use(s)

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

>business use of any type, including home office businesses
>operating a customer care, support or call center
>resale to others
>auto-dialing, text messages or fax/voice blasts
>telemarketing
>all other non-residential uses

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

Use of the China Number: iTalkBB has established Reasonable Residential Use for the China Number. Usage that exceeds: 3,000 China Number incoming minutes of use monthly, 300 China Number incoming calls monthly, or 20 China Number incoming calls on any day shall be considered outside of Reasonable Residential Use for the China Number.

To comply with regulation and policy in China, effective August 25, 2022, the following usage limits will be applied to your China Number incoming call service: (i) If you answer incoming calls on your China Number from 5 different numbers (20 if you are in China) within one day, all further incoming calls on your China Number will be blocked for the rest of that day;(ii) If you answer incoming calls on your China Number from 5 different numbers (20 if you are in China) on any two days within one billing month, your incoming call service on your China Number will be suspended for 30 days; (iii) If you answer incoming calls on your China Number from 20 different numbers (100 if you are in China) within one billing month, your incoming call service on your China Number will be suspended for 30 days; or (iv) If there are any two billing months of “Overuse” as describe in (ii) and (iii) above, your incoming call service on your China Number will be permanently suspended.

iTalkBB Actions for Abnormal, Unreasonable or Impermissible Usage

Based on these factors, iTalkBB may determine that abnormal, unreasonable or impermissible usage is occurring, and may take appropriate steps.

Actions for impermissible calling:(1) suspend or terminate your service to enforce this Reasonable Residential Use Policy for calling; or (2) charge a per minute charge (not to exceed USD 0.02) for all calls exceeding the Reasonable Residential Use limits for calling; and

Actions for impermissible texting:If a Customer sends outbound texting messages to more than 30 recipients within a single calendar day, OR exceeds 300 SMS/MMS messages in outbound texting while sending those messages to more than 30 recipients within a monthly billing cycle, iTalkBB may suspend or terminate your service to enforce this Reasonable Residential Use Policy for texting. IMPORTANT NOTICE: SMS/MMS messages are limited to 140 English language characters or 70 Chinese language characters. If you exceed this limit, the additional characters will be counted as an additional SMS/MMS message. Please be advised that emojis or other symbols are generally counted as more than one character.

For Lawful and Appropriate Purposes Only

You may not use your iTalkBB Prime App Services in any way that is illegal, fraudulent, improper or inappropriate. You may not use any automated means to manipulate iTalkBB’s services or use iTalkBB’s services to violate any law, rule, regulation or any third party's intellectual property or personal rights.

iTalkBB'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 iTalkBB Prime App Services, in its sole discretion, to be outside of its Reasonable Residential Use Policy, iTalkBB reserves the right to 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 iTalkBB's iTalkBB Prime App Services 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 iTalkBB's websites.

Call Recording Feature

The iTalkBB Prime App offers a call recording feature for use exclusively when all parties to the call are physically in the United States or Canada. The recording feature can be used by a call originator or a call receiver that is iTalkBB Prime App user (“Customer”). Customer can initiate a recording only when the call is in progress by selecting the Record Button. After selection the following pop-up message will be display on the Customer’s screen:

“Please note that Federal, States and Local laws can impose criminal charges and/or fines for recording conversations without consent of all parties on the call as set forth in the Terms & Conditions. By pressing CONTINUE, you agree that you understand and will abide the law governing call recording.”

By using this feature, you agree that you have the consent of all parties on the call before proceeding. To stop the recording during the call, you may select STOP or hang up. The call will be recorded to your personal device. You are solely responsible for complying with all Federal, States and Local laws when using the recording feature (State and Local laws may vary by Jurisdictions). iTalkBB expressly disclaims all liability with respect to Customers call recording. Customer hereby releases and agrees to hold iTalkBB harmless from and against any damages or liabilities related to Customer’s call recording.

Identity Verification

China Number

If you purchase a China Number online or by telephone, you must visit an iTalkBB Service Facility and provide your United States Passport, Canadian Passport or Chinese Resident Identity Card for Identity Verification.

The iTalkBB Service Facility staff will upload your ID for verification. In addition, starting on February 22, 2023, while at the iTalkBB Service Facility, the staff will record a short video of you to ensure that the video image matches the photo on your passport. You may review the locations of the official iTalkBB Service Facilities on the following link: https://www.italkbb.com/us/en/contact-us.html?stores

If you have uploaded your Chinese Passport for identity verification before August 12, 2022, you must visit the iTalkBB Service Facility to complete the upload of your United States Passport, Canadian Passport or Chinese Resident Identity Card and the video process. If you do not do so, iTalkBB will suspend your China Number Service due to regulations and policies originating in China.

Hong Kong Number

If you purchase a Hong Kong Number, you are required to complete the Real-name Registration to comply with the Hong Kong Government’s regulations. Once your Hong Kong Number is activated, you will receive an email from iTalkBB, instructing you to complete the Real-Name Registration. The process involves filling out a form and uploading your ID through the link provided in the email. The ID accepted for the Real-name Registration include the Chinese Passport, Hong Kong Resident Identity Card, Macau Resident Identity Card, or Passport of any Non-Chinese Citizen.

Billing, Charges and Payment

Credit Card Payment

Upon purchase, Customer must provide iTalkBB a valid credit card number from an accepted issuer (see iTalkBB'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 iTalkBB Prime App 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 iTalkBB Prime App Services and bill all charges invoiced to Customer's account to the Credit Card. Charges shall include, , monthly service fees, usage fees, toll charges, taxes , regulatory/regulatory recovery fees and all other applicable charges. Monthly service fees are paid in advance of each month's iTalkBB Prime App Services. Toll charges and other applicable charges are billed at the end of each service month. Billing for monthly service fees and other applicable charges commences upon Activation of iTalkBB Prime App Services, and the first month's monthly service fees will be prorated to take into account any partial month of iTalkBB Prime App Services.

Toll Charges

All calls to or from the iTalkBB Prime App using the iTalkBB Prime App Services that originates or terminates in the 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 Prime App Services Customer will be charged at the then current international rates published on iTalkBB's website, unless such international calls are part of your calling plan. The duration of each call will be calculated in one minute increments.

Telephone Numbers

Any telephone number provided to Customer by iTalkBB Prime App Services shall be leased and not sold. Customer may not use such number with any other device other than the iTalkBB Prime App with the express prior written consent of iTalkBB Prime App Services. iTalkBB reserves the right to change, cancel or move the number in its sole discretion.

China Number

For Chinese immigrant customers, new iTalkBB Prime App Services subscribers will be assign a China Number. The charge for the China Number is in addition to the iTalkBB Prime App Services Calling Plan the subscriber chooses. The China Number Service is a month-to-month service paid one month in advance and you may cancel at any time at least 24 hours before any monthly billing. Your friends and families in China may contact you on the China Number and pay only local call charges in China. If you are an iTalkBB Prime App Services user, you may receive and reply text messages on the China Number. iTalkBB Prime App Services users can only receive incoming calls on their China Number if the user is physically located in the United States or Canada at the time when the incoming call occurs.

PLEASE SEE REASONABLE RESIDENTIAL USE POLICY FOR CHINA NUMBER IN ITALKBB PRIME APP SERVICES - USAGE ABOVE.

The availability of the China Number is subject to and dependent upon the network facilities and regulatory environment in China. iTalkBB cannot guarantee connection to any China Number from all cities and regions in China. iTalkBB may have a limited number of China Number for some or all regions of China and cannot guarantee number availability at all times. iTalkBB further cannot guarantee uninterrupted service on China Number.

China Number Identity Verification

If you purchase a China Number online or by telephone, you must visit an iTalkBB Service Facility and provide your United States Passport, Canadian Passport or Chinese Resident Identity Card for Identity Verification.

The iTalkBB Service Facility staff will upload your ID for verification. In addition, starting on February 22, 2023, while at the iTalkBB Service Facility, the staff will record a short video of you to ensure that the video image matches the photo on your passport. You may review the locations of the official iTalkBB Service Facilities on the following link: https://www.italkbb.com/us/en/contact-us.html?stores

If you have uploaded your Chinese Passport for identity verification before August 12, 2022, you must visit the iTalkBB Service Facility to complete the upload of your United States Passport, Canadian Passport or Chinese Resident Identity Card and the video process. If you do not do so, iTalkBB will suspend your China Number Service due to regulations and policies originating in China.

Billing Disputes

Customer must dispute any charges for the iTalkBB Prime App 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 iTalkBB Prime App Services are due but unpaid for any reason including, without limitation, non-payment or declined Credit Card charges, iTalkBB may suspend or terminate the iTalkBB Prime App Services and all accrued charges shall immediately be due and payable, to include a late fee of the lesser of 1.5% monthly 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 Month-to-Month, Contract Plan and Annual Plan iTalkBB Prime App Services.

Monthly Plan:Your month to month iTalkBB Prime App Services will automatically be renewed each month unless and until you cancel your iTalkBB Prime App Services using the Cancellation Policies described follow.

Contract Plan:On or about the Anniversary Date of any Contract Plan the plan will be automatically renewed on a month-to-month basis by charging Customers credit card of record, unless, Customer provides iTalkBB notice of Customer's desire to cancel service or change to a different calling plan or payment plan at least 24 hours prior the Anniversary Date.

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 Customers credit card of record for a FULL YEAR OF SERVICES FEES, REGULATORY RECOVERY FEES AND SALES TAXES, unless, Customer provides iTalkBB notice of Customer's desire to cancel service or change to a different calling plan or payment plan at least 24 hours prior the Anniversary Date.

Applicable Regulatory Fees, Surcharges, System Access Charges, and Intellectual Property/Legal Compliance Fees.

Federal, state, provincial, county, municipal and local governments may assess regulatory fees, contribution fees, surcharges and other compliance fees on your iTalkBB Prime App Services. Independent third party providers may charge regulatory and administrative fees, legal/intellectual property compliance charges, surcharges and access fees for services that iTalkBB is required to pay in order to enable your access to global public telecommunications networks. iTalkBB Prime App Services 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 Prime App services monthly 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 Prime App Services. Such charges are in addition to your iTalkBB Prime App Services 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 Prime App Services. 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 billing (see FAQs below). iTalkBB collects these sales taxes from you and pays them over to the appropriate taxing authority.

FAQs:

What is the Applicable Regulatory/Compliance Fees and Charges?

The iTalkBB Prime App Services Applicable Regulatory/Compliance Fees and Charges is an additional charge over and above the basic fee for your iTalkBB Prime App Services. iTalkBB uses this fee to pay our regulatory-related fees and expenses, including federal, state and local telecommunications regulatory fees and charges, 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 $1.99 per phone number per month.

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

It is $1.99 per phone number per month.

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

Applicable Regulatory/Compliance Fees and Charges include Federal, state, provincial, county, municipal and local government’s regulatory fees, contribution fees, surcharges and other compliance fees accessed by such government entities on your iTalkBB Prime App Services. 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 Prime App Services is required to pay in order to enable your access to global public telecommunications networks, 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 Prime App Services monthly service charges or both, and may change from time to time without notice. Such charges are in addition to your iTalkBB Prime App Services 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 Prime App Services.

What are my monthly recurring costs?

Your recurring monthly charges will include the monthly fee of the iTalkBB Prime App Services plan you have chosen, charges for the China Number, plus Applicable Regulatory/Compliance Fees and Charges, which will be collected with a flat $1.99 monthly fee and applicable sales taxes.

How are the Applicable Regulatory/Compliance Fees and Charges billed to the Customer?

Monthly Plan and Contract Plan:iTalkBB Prime App Services customers will be charged on monthly basis for plan fees. The $1.99 flat fee will appear as a separate item from service charges in the iTalkBB Prime App Services statement. However, it will only show the total of these two amounts in customer's credit card statement.

Annual Plan: Annual Plan customers are billed once annually and the $1.99 per month regulatory recovery fee is billed for the full 12 months at the time of billing for Annual Plan.

What are 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 Prime App Services 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.

Purchase of the Bundled Products

If Customer purchases iTalkBB Prime App Services and one or more other iTalkBB products/services (or products/services sold by iTalkBB) WITHIN A 24 HOUR PERIOD, the purchase is considered a “Bundled Purchase”. For all Bundled Purchases, the “Activation Date” for all products in the Bundle shall be the Activation Date for the first product/service in the Bundle to activate.

Master and Sub Accounts

When a Customer purchases any iTalkBB product/service (or product/service sold by iTalkBB), a Master Account will be established for that Customer. If the Customer purchases additional iTalkBB products/services a Sub Account will be established for each separate products/services.

Credits

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

Promotions

iTalkBB Prime App Services 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 iTalkBB Prime App Services to take advantage of such discounts.

User Account Deletion

Users of the iTalkBB Prime App have the ability to delete their accounts in the iTalkBB Prime App at any time. If you have any (i) overdue Fees; (ii) pending payment; or (iii) remaining balance, you must PAY THE BALANCE FISRT BEFORE DELETING YOUR ACCOUNT IN THE ITALKBB PRIME APP.

You may continue to use the iTalkBB Prime App after deleting your account, but will lose the following features and functionalities after deletion:

a. You cannot log in, visit, use or reactivate your account;

b. The information, data, records, including historical record, device information and family group, under your account will be deleted by iTalk and cannot be recovered.

c. Your contact information, including name, user name, email, phone number and all other contact information, will be deleted by iTalkBB. Third party accounts, if any, that were associated with user’s account will be disconnected;

d. The Products and Services under your account will not be available to use. If there are any family members in the family group under your account, they cannot use the Products and Services after you delete your account.

e. Your payments will not be refunded. You may be subject to a cancellation fee if you are still on your Initial Subscription Term.

f. All information about the user that was collected by iTalkBB prior to deletion of the account will be deleted, except as otherwise required by laws and regulations or national administrative, judicial, or law enforcement agencies.

Termination of Service

iTalkBB reserves the right to suspend or discontinue providing the iTalkBB Prime App Services or Customer's Service at any time in its sole discretion. If the iTalkBB Prime App Services is terminated by iTalkBB 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 iTalkBB Prime App Services 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.

If you stop utilizing your iTalkBB Prime App Services or delete the iTalkBB Prime App from you cellular phone, you HAVE NOT CANCELLED OR TERMINATED YOUR ITALKBB PRIME APP SERVICES. IN ORDER TO TERMINATE YOUR ITALKBB PRIME APP SERVICES YOU MUST FOLLOW THE CANCELLATION PROCEDURES SET FORTH IN THESE TERMS AND CONDITIONS.

Changes to the Agreement, iTalkBB Prime App Services or Plan

iTalkBB reserves the right to change the Agreement, iTalkBB Prime App Services or Plan at any time ("Change"). Changes will be posted on iTalkBB's website thirty days before the effective date of the Change, Provided That, all changes to Toll Rates and International Rates shall be effective immediately when posted on the website. Notice is deemed received by Customer and Changes will be binding on Customer on the effective date of such Change. Customer is deemed to have accepted the Change(s) unless Customer terminates the iTalkBB Prime App Services prior to the effective date of the Change. If Customer elects to terminate the iTalkBB Prime App Services, Customer will be liable for all amounts due.

Technical Support

iTalkBB provides technical support for iTalkBB Prime App Services 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 PROVIDED UNDER THESE TERMS ANS CONDITIONS.

ITALKBB MAKES NO EXPRESS OR IMPLIED REPRESENTATION OR WARRANTY ABOUT ITS SERVICES 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 ITALKBB.

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, and delay in installation, activation or commencement of iTalkBB Prime App Services. With respect to any other legal claim or dispute, iTalkBB'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 iTalkBB Prime App Services 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 iTalkBB Prime App Services , including, without limitation, claims for libel, slander, invasion of privacy or infringement of copyright arising out of material, data or information transmitted via the iTalkBB Prime App Services and claims arising out of any intentional act or omission by Customer or others authorized by Customer to use the iTalkBB Prime App Services.

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 iTalkBB Prime App Services 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 iTalkBB Prime App Services shall be and at all times remain sole property of iTalkBB and are protected by all applicable intellectual property rights laws, including, without limitation, 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: : November 2, 2023

© iTalk Global Communications, Inc., September 2023 – All Rights Reserved

v.PR231001US

iTalkBB®Text Messaging Terms and Conditions

iTalk Global Communications, Inc. (“iTalk®”, “iTalkBB®” “we”, “us”, or “our”) provides these Terms and Conditions to explain how we and our affiliates (including iTalkBB Media, Inc. and Digital Technology Marketing and Information, Inc.) utilize text messaging. Please carefully read these Text Messaging Terms & Conditions. Your participation in the text messaging service is also subject to our Privacy Policy and Terms and Conditions, accessible through the provided links. These Terms and Conditions are not intended to modify other Terms and Conditions or Privacy Policies that may govern the relationship between you and iTalkBB in other contexts.

1.Providing Mobile Numbers:By providing your mobile number and opting in, you agree you have ownership rights or the necessary permission to use the number you provide to iTalkBB. In the event of any changes to your contact information, including mobile number ownership, you agree to promptly inform us before the changes take effect by calling us at 1-877-482-5522.

2.Your Consent to Receive Automated Texts Messaging:By voluntarily providing your mobile number(s) and completing the opt-in process, you expressly consent to receive marketing and non-marketing text messages (such as SMS, MMS, etc.) from iTalkBB. These messages may occur on a recurring or one-time basis and may be initiated using an auto-dialer. It's important to note that your consent to receive automated text messages is not required for making any purchase from iTalkBB.

3.Messaging and Data Rate and Text Messaging Frequency:Messaging and data rates may apply for messages sent to you from iTalkBB and to iTalkBB from you. The maximum number of messages you receive per month will vary based on the service you opt into. If you have questions about your text or data plan, it is best to contact your wireless provider.

4.Opt-Out Instructions:You may opt-out of receiving automated text messaging at any time by following the prescribed procedure in the text message, such as replying “STOP” to any mobile message from iTalkBB. You acknowledge and agree to receive a final text message confirming your opt-out, after which you will no longer receive messages from that particular short code. If you wish to rejoin, you can sign up as initially done, and iTalkBB will resume sending messages to you.

5.Receive Assistance:You can receive assistance anytime by replying with "HELP" to any message from iTalkBB or by reaching out to us via email at support@italkbb.com for support (alternatively, by contacting iTalkBB Customer Service at 1-877-482-5522).

6.Indemnification:You agree to defend, indemnify, and hold iTalkBB and its officers, directors, shareholders and affiliates 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 related to your use of the text messaging service, breach of the Terms and Conditions, or violation of any laws, or third-party rights by you or any person using your service with your permission.

7.Changes:7.This provision is subject to requirements and limitations imposed by applicable law, and will not be enforced to the extent prohibited by law. Your text messaging service is subject to our business policies, practices, and procedures, which we may change without notice. WE CAN CHANGE ANY TERMS IN THE TERMS AND CONDITIONS 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. By continuing your participation in the text messaging service after any such changes, you accept these Terms and Conditions as modified.

Updated: : November 13, 2023

© iTalk Global Communications, Inc., November 2023 – All Rights Reserved

Privacy Policy

Last updated and Effective Date: March 18, 2024

iTalk Global Communications, Inc. (“iTalk”, “iTalkBB” “we”, “us”, or “our”) recognizes the value of privacy of our customers and website users. In this Privacy Policy (“Policy”), we describe how we and our affiliates collect, use, and disclose personal information that we obtain about subscribers to and customers of iTalkBB services, as well as users of our websites (“Sites”), mobile Applications (“Apps”) and the services available through our Sites and Apps (collectively, the Sites, Apps and the services available therein are the “Services”). This Policy also outlines your rights and choices with regard to the personal information collected about you related to the Services.

Applicable Terms.  Your use of our Services, and any dispute over privacy, is subject to this Policy, the respective terms of use (the “Terms”), between you and iTalkBB, as listed below: iTalkBB® Terms and Conditions(Home Phone, Chinese TV, Aijia, iTalkBB Prime App, China SIM, Travel SIM, Text Messaging)

iTalkBB Multi-Device TV Digital Platforms Terms and Use (iTalkBB TV®)

iTalkBB Elite ™ Terms of Use

iTalkBB Media Terms of Use 

These applicable Terms, along with any other relevant agreements, are accessible and incorporated by reference into this Policy, including any of their applicable limitations on liability and the resolution of disputes. By disclosing your personal information to us or using our Services, you understand and agree that iTalkBB may collect, use, and disclose your personal information in accordance with this Policy and the applicable terms.

If you are a resident of California (USA) please see the Additional information for California Residents section below for important information about the categories of personal information we collect and disclose and your rights under California privacy laws.

1. Information We Collect

We generally collect information about you directly from you, from third parties, and automatically through your use of our Services as further described below.

Information We Collect Directly from You. The type of information that we collect from you depends on your interaction with our Services. While you can browse most parts of our website freely, certain areas and features of our Services require you to create an account with us. To create an account, you must provide us with certain information, such as your name and username or nick name, email or phone number, and other contact information. If you subscribe to any of our Services, we will also collect your payment and billing information. We may also ask or allow you to submit additional profile information, such as authorized users, preferences and interests, and additional contact information. If you apply to become one of our Dealers or Sales Agents, we will collect information from you, including your first and last name, email address, contact address, phone number, occupation, whether you are a user of our Services, business ownership, desired sales model, hourly commitment to iTalk sales, other similar survey information, and information you choose to provide to us. If you decide to make a purchase with us or subscribe to our Services, we also collect information in order to process your order, such as payment and billing information, residential addresses, and shipping address. We also collect information about items in your online shopping cart and other order information that you submit. If you participate in our text messaging service through our Sites, Apps, or any other channels, we may collect your mobile number, name, consent, and other additional information from you.

Information We Collect Regarding Your Use of Our Services. We collect information about your use of our Services, such as your order and subscription history and purchases, as well as your credit bonus, for example when you earn credits and rewards by referring a friend to iTalk. We may also collect other information depending upon the services you subscribe to or use. For example, if you subscribe to our Aljia (CCTV) services we collect CCTV footage, including audio, (which is stored in accordance with the applicable terms) from your cameras. We also collect and maintain records about the services you use for purposes of administering, operating and billing for those services and as otherwise explained herein. For example, if you subscribe to our mobile communication or phone services, we will collect transactional information such as call logs and related usage records, or in the case of the iTalkBB Prime App, mobile device contact list information to enable shared contact lists.

Information We Collect to Enable Customer to Import Customer’s Contact List. As a courtesy to Customers, and with Customer’s consent, iTalkBB allows Customers to import Customer’s entire contact list to the iTalkBB Prime App utilizing iTalkBB’s software to accomplish the import. The import of Customer’s Contact List is solely for Customer’s convenience and at Customer’s request. iTalkBB does not save, store, use or disclose to a thirty-party any of Customer’s information required for the import process.

Information We Collect About You from Third Parties. We may also collect information about you from third parties, which we append to the information we have collected. If you refer another customer to as part of a referral program or offer, we make available, we may collect information (when provided by the referred customer), in order to process and credit you with the referral. If you sign up for or purchase our Services through a Dealer or Agent, or otherwise interact with a Dealer or Agent related to the Services, we may receive information about you from the Dealer, such as name, nickname, contact information, and subscription and payment details.

Communications and support.If you contact us by email, mail, phone, chat or otherwise regarding the Services, we collect and maintain a record of your contact details, communications and our responses. If you call us, we may also record calls and maintain logs and records of those calls.

Inquiries and requests. We also collect personal information when you submit information to or request information from us or sign up for marketing and communications from us (such as related to iTalkBB products, subscriptions, special offers and upcoming product releases). The information we may collect includes your name, contact information, and other information.

ITalkBB Chinese TV.If you subscribe to our Chinese TV services, we collect additional personal information about you. Depending on how you use the Chinese TV services, we may collect information such as information related to your registered Set-Top-Box device, geolocation, IP address, and contact details (including email). If you actively initiate contacting us for customer support purposes through one of our WeChat corporate accounts, WeChat and we may collect additional information such as for example your name, WeChat username, profile image, phone number used with WeChat, and conversation records related to your inquiry. For more information about WeChat’s privacy practices, please visit WeChat’s privacy policy.

iTalkBB Elite Services. If you are registered users of iTalkBB Elite Services, you have the option to endorse service providers by using “Like” and “Endorse” features. Endorsements and Likes data are collected and stored. Registered users and paid members of iTalkBB Elite Services can use the online instant messaging function. The messaging history is stored. If you represent a service provider with on iTalkBB Elite Services, we may collect and retain certain information that you disclose to us, including your business name, tax ID, business license, trademarks, contact details, specialties, and demographic data. We may also collect basic publicly available information, such as business name, location, and contact details, for service providers on iTalkBB Elite platforms sourced from third parties that retrieve information from public records and other channels.

Apps. In some cases, information about you is collected and combined through your interaction with the Apps we may offer related to our Services. For example, we collect information on the device and the App you are using, including IP Address, date, time and requests submitted through the App, unique identifiers and other information such as the type of device you use (including your operating system, language, network settings, telephone operator or internet provider, installed third-party applications and plug-in lists).

Other Information We Collect Automatically Through Our Services.  We may also collect personal information about how you use the Services (e.g., using cookies and pixel tags), such as IP address, advertising ID, location information, browser type, device type, domain name, the website that led you to our Services, the website to which you go after leaving our Services, the dates and times you access our Services, and the links you click and your other activities within the Services. We may also use pixels in HTML emails to understand if individuals read the emails, we send to them (“usage data”). We may combine this information with other information that we have collected about you, including, where applicable, your name and other personal information. (For more information, see the Cookies and Other Tracking Information section below.)

Financial Incentive Disclosure. Some customers may participate in the iTalkBB Rewards Program or similar programs sponsored by iTalkBB and may earn redeemable Reward Points or prizes based on their activities that benefit iTalkBB (i.e., referral of a friend, posting a comment on an iTalkBB Video, posting on social media related to iTalkBB).

2. How We Use Your Information

We process your information and content, including your personal information, for the following purposes:

Providing and Improving Our Services. To provide you with and maintain our Services; to fulfil your orders and requests, or otherwise to improve our Services; to develop new features, products, or services; to authenticate users; to perform technical operations, such as updating software; and for other customer service and support related purposes.

Communicating with You. To provide you with the information or services that you have requested from us; to communicate with you about your use of our Services, to respond to your inquiries, and for other customer service purposes; and to administer surveys and questionnaires, such as for market research or user satisfaction purposes.

Dealers and Sales Agents. To provide you with the information or services that you have requested from us; to administer your application and communicate with you about your application to become an iTalk sales agent or dealer, and to respond to related inquiries.

Rewards.   To assign, track, issue and post subscription rewards and credits to your account, for example if you participate in our referral program.

Personalizing Content and Ads.We may use the information we collect about you to personalize the information and content we display to you, including marketing, promotional and sponsored content, as well as providing you with more relevant ads./p>

Marketing and Communications. To communicate with you about your account and use of our Services via email, or phone, including to inform you about product updates; to respond to your inquiries; to provide you with news and newsletters, special offers, promotions, and other information we think may interest you; and for other informational, marketing, or promotional purposes. Please see the Rights and Choices section further below for more information about how to change your communications preferences.

Research and Analytics. To better understand how users access and use our Services and products, for other research and analytical purposes, such as to evaluate and improve our Services and business operations, develop new features, products, or services, to otherwise improve our Services and user experiences, and for other research, analytical, and statistical purposes.

In Support of Our General Business Operations.  Relating to audits and assessments of our business operations, security controls, financial controls, records and information management program, and otherwise relating to the administration of our general business, accounting, record keeping and legal functions. These purposes are based on our legitimate interest in operating our business and maintaining adequate internal records and safeguards.

Securing and Protecting Our Assets and Rights.  To protect our business operations, secure our network and information technology, assets and services; to prevent and detect fraud, unauthorized activities, access and other misconduct; where we believe necessary to investigate, prevent or take action regarding suspected violations of our Terms and other agreements, as well as fraud, illegal activities and other situations involving potential threats to the rights or safety of any person or third party; and as necessary to defend our legal interests and rights.

Complying with Legal Obligations.To comply with the law or legal proceedings. For example, we may disclose information in response to subpoenas, court orders, and other lawful requests by regulators and law enforcement, including responding to national security or law enforcement disclosure requirements. We may also use your personal information for other purposes, where you have consented.

Aggregate and De-identified Information. We may also use aggregate and deidentified information for various research, development, product improvement, analytics and other purposes.

We may use, store or transfer personal information outside your jurisdiction. In providing our services to you, we may also provide your personal information to subsidiaries and affiliates, service providers and/or third parties who may be located outside your jurisdiction. Please refer to “Contact Us” below to find out information about (i) our practices with respect to the use of third parties and service providers outside your jurisdiction, and (ii) questions you may have about the collection, use, disclosure or storage of personal information by parties located outside your jurisdiction.

3. How We Disclose Personal Information

We may share or disclose the information (including personal information) that we collect as follows:

Subsidiaries and Affiliates.With our subsidiaries and affiliated companies (i.e., companies under common ownership, control or management with us); their use and disclosure of such personal information is subject to this Policy.

Service providers.  With our third-party service providers who use this information to perform services on our behalf, such as hosting providers, payment providers, auditors, advisors, consultants, customer service and/or support providers.

Third Parties.  With third parties that provide advertising, campaign measurement, online and/or mobile analytics and related services. These third parties may receive or access browsing history and/or other data about your use of the Sites, in order to help us better reach individuals with relevant ads, measure our ad campaigns and/or to better understand how individuals interact with our Sites over time and across devices. Where you initiate and request interaction with us through a third-party platform, we may also share certain information with these third parties that provide the platform services for certain of our customer support channels (such as for example our WeChat corporate account). For more information on WeChat’s privacy practice, please refer to WeChat’s terms and privacy policy.

Legal Compliance.In response to a valid court order, subpoena, government investigation, or as otherwise required by law. We also reserve the right to report to law enforcement agencies any activities that we, in good faith, believe to be unlawful.

Business Transfers.As part of any actual or contemplated merger, sale, transfer of assets, acquisition, financing and/or restructuring of all or part of our business, bankruptcy or similar event, including related to due diligence conducted prior to such event where permitted by law.

Protection of Rights.Where we believe it necessary to respond to claims asserted against us, to enforce or administer our agreements and terms, for fraud prevention, risk assessment, investigation, to protect the rights, property or safety of iTalkBB, our affiliates, clients, customers and/or others, and/or as evidence in litigation in which we are involved.

Aggregated and De-identified Data.  We may share aggregate or de-identified information with third parties for research, marketing, advertising, analytics and/or other purposes.

Mobile Information Sharing. No mobile information will be shared with third parties/affiliates for marketing/promotional purposes. Text messaging originator opt-in data and consent information will not be shared with any third parties/affiliates.

We may use, store or transfer personal information outside your jurisdiction. In providing our services to you, we may also provide your personal information to subsidiaries and affiliates, service providers and/or third parties who may be located outside your jurisdiction. Please refer to “Contact Us” below to find out information about (i) our practices with respect to the use of third parties and service providers outside your jurisdiction, and (ii) questions you may have about the collection, use, disclosure or storage of personal information by parties located outside your jurisdiction. For a summarized and categorized overview of the information provided in Section 1, "Information We Collect," Section 2, "How We Use Your Information," and Section 3, "How We Disclose Personal Information," please refer to Section 10, subsection A, "Personal Information Collection, Disclosure, and Sources," within "Additional Information for California Residents".

4. Cookies and Tracking Information

We and our third-party providers use cookies, clear GIFs/pixel tags, JavaScript, local storage, log files, and other mechanisms to automatically collect and record information about your browsing activities and use of the Sites and other Services. We may combine this “usage data” with other personal information we collect about you. We use this usage data to understand how our Services are used, track bugs and errors, provide and improve our Services, verify account credentials, allow logins, track sessions, prevent fraud, and protect our Services, as well as for targeted marketing and advertising, to personalize content and for analytics purposes.

Cookies.Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your web browser for record-keeping purposes. Some cookies allow us to make it easier for you to navigate our Site, while others are used to enable a faster log-in process or to allow us to track your activities while using our Site. Most web browsers automatically accept cookies, but if you prefer, you can edit your browser options to block them in the future. The Help portion of the toolbar on most browsers will tell you how to prevent your computer from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. Some of the Services may not work properly if you disable cookies.

Pixel Tags. Pixel tags are tiny graphics with a unique identifier, similar in function to cookies. In contrast to cookies, which are stored on your computer’s hard drive, clear GIFs are embedded invisibly on web pages. We may use pixel tags (also referred to as web beacons, web bugs or clear GIFs), in connection with our Services to, among other things, help us manage ads and content, and compile statistics about usage of our Services. We may also use pixel tags in HTML emails to our customers, to help us track email response rates, identify when our emails are viewed, and track whether our emails are forwarded.

Cookie Preferences.You can adjust your cookie preferences for our Site, using our cookie preference manager. You can also block or disable cookies for the device and browser you are using, through your browser settings; however, certain features on our Sites may not be available or function properly if you block or disable cookies. Our Sites currently do not respond to “do not track” signals. Please note, that your preferences are applied on a browser and device basis. So, you may need to set your cookie preferences for each browser and device you use to access our Site. Further, if you subsequently delete cookies, your preferences may be lost and need to be reset.

5. Interest Based Advertising

We may work with third-party ad networks, channel partners, measurement services and others (“third party ad companies”) to display advertising on our Services, and to manage our advertising on third-party sites, and online services. We and these third-party ad companies may use cookies, pixels tags, and other tools to collect activity information on our Services (as well as on third-party sites and services), as well as IP address, device ID, cookie and advertising IDs, and other identifiers, general location information (e.g., derived from your IP address), and, with your consent, we may collect your device’s geolocation information through our Apps; we and these third-party ad companies use this information to provide you more relevant ads and content and to improve and evaluate such ads and content.

Cookie Preferences. As explained above, you can adjust your cookie preferences for our Site, including to opt out of advertising cookies, using our cookie preference manager, and you can also block or disable cookies for the device and browser you are using.

Cookie Preferences. As explained above, you can adjust your cookie preferences for our Site, including to opt out of advertising cookies, using our cookie preference manager, and you can also block or disable cookies for the device and browser you are using.

Industry Ad Choices.You can learn more about the information collection practices and "opt-out" procedures of many third-party ad companies by visiting https://thenai.org/opt-out/browser-opt-out/.Opting out of participating ad networks does not opt you out of being served advertising. You may continue to receive generic or “contextual” ads on our Services. You may also continue to receive targeted ads on other websites, from companies that do not participate in the above programs. If your browser is configured to reject cookies when you visit one of the above referenced opt-out pages, and you later erase your cookies, use a different computer or change web browsers, your preference may also need to be reset

6. Third-Party Sites and Services

Our Services may link to other websites or online services (including those operated by our parent, affiliates, or others) that are not covered by this Policy. Any access to and use of such linked websites is not governed by this Policy, but instead is governed by the privacy policies of those third-party websites. We are not responsible for the information practices of such third-party websites.

7. Security

We have implemented safeguards designed to protect the information we collect from loss, misuse, unauthorized access, disclosure, alteration, and destruction. Please be aware that despite our efforts, no data security measures can guarantee security.

8. Rights and Choices

In this section we describe the choices you have regarding our collection, use and handling of your personal information.

Access and Update Information. You may access, update, and delete certain of your personal information by accessing and adjusting your account settings. You may also contact us using the information in the Contact Ussection below to make an access, correction or other privacy request. Please note that we may maintain copies of information that you have updated, modified or deleted, in our business records and in the normal course of our business operations, as permitted or required by applicable law. For example, if you request that we delete your information, but we believe that you have violated our Terms, we may retain information about you in order to attempt to resolve the issue before deleting it. Your access to or correction of your personal information is subject to applicable legal restrictions and the availability of such information. Further, we may take reasonable steps to verify your identity before granting such access or making corrections.

Marketing Communications.You may opt-out of receiving email marketing communications from us by using the unsubscribe link in any such email we send to you. Or alternatively, by emailing your request toPrivacy.Legal@italkbb.com. Please note that we may still send you transactional emails, such as emails related to your account or subscriptions.

Third-Party Ads and Cookies.  As noted above, you can control your cookie preferences on our Sites and opt out of most third-party advertising tags and cookies on our Sites.

9. Children

Our Services are not targeted and directed at children and we do not knowingly collect any personal information from a child under 16. If you believe we have inadvertently collected personal information about a child, please contact us and we will take steps to delete this information.

10. Additional Information for California Residents

PRIVACY NOTICE FOR CALIFORNIA RESIDENTS

This PRIVACY NOTICE FOR CALIFORNIA RESIDENTS supplements the information contained in the Privacy Policy of iTalk Global Communications, Inc. and its affiliated companies (collectively, “iTalk” “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of California (“consumers” “user” or “you”). We adopt this notice to comply with the California Consumer Privacy Act of 2018 (“CCPA”). Any terms defined in the CCPA have the same meaning when used in this PRIVACY NOTICE FOR CALIFORNIA RESIDENTS.

A. Personal Information Collection, Disclosure, and Sources

While our collection, use and disclosure of personal information vary based upon our relationship and interactions with you, in this section we describe, generally, how we have collected and disclosed personal information about consumers in the prior 12 months (from the Last Updated date above).

Categories of Personal Information Collected and Disclosed.The table below identifies the categories of personal information (as defined by the CCPA) we have collected about consumers, as well as how we have disclosed such information for a business purpose. For more information about the business and commercial purposes for which we collect, use and disclose personal information, please see the Section 1. “Information We Collect”, Section 2. “How We Use Your Information” and the Section 3. “How We Disclose Personal Information” above.

Categories Description Categories of Third Parties to Whom We May Disclose this Information
Identifiers Includes direct identifiers, such as name, alias user ID, username, account number or unique personal identifier; email address, phone number, address and other contact information; set top box identifier; IP address; MAC address, app ID, advertising ID, and other online or device identifiers; and other similar identifiers. • service providers
• advisors and agents
• government entities and law enforcement
• affiliates and subsidiaries
• advertising networks
• data analytics providers
• social networks
• internet service providers
• operating systems and platforms
• dealers and agents
Customer Records Includes personal information, such as name, account name, user ID, contact information, education and employment information, communications preferences, account number, and financial or payment information, that individuals provide us in order to purchase or obtain our products and services. For example, this may include information collected when an individual registers for an account, purchases or orders our products and services, or enters into an agreement with us related to our products and services. • service providers
• advisors and agents
• government entities and law enforcement
• affiliates and subsidiaries
• internet service providers
• operating systems and platforms
• dealers and agents
Commercial Information Includes records of personal property, products or services purchased, obtained, or considered, or other purchasing or use histories or tendencies. For example, this may include demographic information that we receive from third parties in order to better understand and reach our customers. • service providers
• advisors and agents
• government entities and law enforcement
• affiliates and subsidiaries
• operating systems and platforms
• dealers and agents
Usage Data Includes browsing history, clickstream data, search history, access logs and other usage data and information regarding an individual’s interaction with our websites, mobile apps and other Services, and our marketing emails and online ads. • service providers
• advisors and agents
• government entities and law enforcement
• affiliates and subsidiaries
• advertising networks
• data analytics providers
• social networks
• internet service providers
• operating systems and platforms
• dealers and agents
Audio, Video and Electronic Data Includes audio, electronic, visual, thermal, olfactory, or similar information such as, CCTV footage (e.g., collected from visitors to our offices and premises, or as part of our Aljia (CCTV) services, photographs and images (e.g., that you provide to us) and call recordings (e.g., of customer support calls). • service providers
• advisors and agents
• government entities and law enforcement
• affiliates and subsidiaries
• internet service providers
• operating systems and platforms
Professional information Includes professional and employment-related information [(such as current and former employer(s) and position(s), business contact information and professional memberships)]. • service providers
• advisors and agents
• government entities and law enforcement
• our affiliates and subsidiaries
Inferences Includes inferences drawn from other personal information that we collect to create a profile reflecting an individual’s preferences, characteristics, predispositions, behavior, attitudes, intelligence, abilities or aptitudes. For example, we may analyze personal information in order to identify the offers and information that may be most relevant to customers, so that we can better reach them with relevant offers and ads. • service providers
• advisors and agents
• government entities and law enforcement
• our affiliates and subsidiaries
• advertising networks
• data analytics providers
• internet service providers
• operating systems and platforms
• dealers and agents

Sources of Personal Information.As further described in the Section 1. “Information We Collect”, we may collect personal information from the following sources

• directly from the individual and subscribers
• advertising networks
• data analytics providers
• social networks
• internet service providers
• operating systems and platforms
• government entities
• dealer and agents

Do We “Sell” Personal Information?Under the CCPA, a “sale” includes disclosing or making available personal information to a third party in exchange for monetary compensation or other benefits or value. While we do not disclose personal information to third parties in exchange for monetary compensation, we may disclose or make available certain categories of personal information to third parties in order to receive certain benefits or services, such as when we make browsing information available to third-party ad companies (through third party-tags on our websites) in order to improve and measure our ad campaigns and reach users with more relevant ads and content. As defined by the CCPA, we may “sell” Usage Data and Identifiers to third party advertising networks and data analytics providers. You may opt out of a sale of personal information as described in the “Exercising Your Rights” section below.

B. CCPA Rights

You may request to review, make amendments, have deleted, or otherwise exercise your rights, under applicable privacy laws, with respect to your personal information that we hold by emailing us at the contact information below. Please note that we may maintain copies of information that you have updated, modified, or deleted, in our business records and in the normal course of our business operations, as permitted or required by applicable law.

The CCPA provides California residents consumers with specific rights regarding their personal information. This section describes your CCPA rights and explains how to exercise those rights.

Access Rights. With respect to the personal information, we have collected about you in the prior 12 months, to require that we disclose the following to you (up to twice per year and subject to certain exemptions):

• categories of personal information collected;
• categories of sources of personal information;
• categories of personal information about you we have disclosed for a business purpose or sold;
• categories of third parties to whom we have sold or disclosed for a business purpose your personal information;
• the business or commercial purposes for collecting or selling your personal information; and
• a copy of the specific pieces of personal information we have collected about you.

Deletion Rights.To request deletion of your personal information that we have collected about you and to have such personal information deleted (without charge), subject to certain exceptions.

Right to Non-Discrimination. The right not to be subject to discriminatory treatment for exercising your rights under the CCPA.

Do Not Sell (opt out).To opt-out of our sale of their personal information. While we may “sell” personal information as defined by the CCPA, we do not sell personal information about California consumers who we know are younger than 16 years old.

Exercising Your Rights. California residents may submit CCPA requests to opt out of sales, requests to know (access), and requests to delete their personal information through any one of the following methods:

• By submitting the request through our Contact Us•form or by phone at 1888-254-8827 (toll free).

When you submit a request to know or a request to delete, we will take steps to verify your request by matching the information provided by you with the information we have in our records. You must provide us with this information by logging into your account or via email or the above toll-free number to verify your request. In some cases, we may request additional information in order to verify your request or where necessary to process your request. If we are unable to adequately verify a request, we will notify the requestor. Authorized agents may initiate a request on behalf of another individual through the above-listed methods; authorized agents will be required to provide proof of their authorization and we may also require that the relevant consumer directly verify their identity and the authority of the authorized agent.

Your Privacy Rights Under California Shine the Light Law.Under California’s “Shine the Light” law (Cal. Civ. Code § 1798.83), California residents who provide us certain personal information are entitled to request and obtain from us, free of charge, information about the personal information (if any) we have shared with third parties for their own direct marketing use. Such requests may be made once per calendar year for information about any relevant third-party sharing in the prior calendar year. To submit a “Shine the Light” request, email us at Privacy.Legal@italkbb.com, and include in your request a current California address and your attestation that you are a California resident.

11. Additional Information for Virginia Residents

PRIVACY NOTICE FOR VIRGINIA RESIDENTS

This PRIVACY NOTICE FOR VIRGINIA RESIDENTS supplements the information contained in the Privacy Policy of iTalk Global Communications, Inc. and its affiliated companies (collectively, “iTalk” “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of Virginia (“consumers” “user” or “you”). We adopt this notice to comply with the Virginia Consumer Data Protection Act of 2013 (“VCDPA”). Any terms defined in the VCDPA have the same meaning when used in this PRIVACY NOTICE FOR VIRGINIA RESIDENTS.

The VCDPA provides Virginia residents consumers with specific rights regarding their personal information. This section describes your VCDPA rights and explains how to exercise those rights.

Under the VCDPA, consumers may request confirmation of the existence of personal data, correct inaccuracies of personal data, delete personal data, obtain copies of personal data, and opt out of the processing of personal data for purposes of Targeted Advertising. Please note that we may maintain copies of information that you have updated, modified, or deleted, in our business records and in the normal course of our business operations, as permitted or required by applicable law.

Exercising Your Rights. Virginia residents may submit VCDPA requests by submission through our Contact Us information or by phone at 1-888-254-8827 (toll free).

12. Additional Information for Colorado Residents

PRIVACY NOTICE FOR COLORADO RESIDENTS

This PRIVACY NOTICE FOR COLORADO RESIDENTS supplements the information contained in the Privacy Policy of iTalk Global Communications, Inc. and its affiliated companies (collectively, “iTalk” “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of Colorado (“consumers” “user” or “you”). We adopt this notice to comply with the Colorado Privacy Act of 2013 (“CPA”). Any terms defined in the CPA have the same meaning when used in this PRIVACY NOTICE FOR COLORADO RESIDENTS. The CPA provides Colorado residents consumers with specific rights regarding their personal information. This section describes your CPA rights and explains how to exercise those rights.

Under the CPA, consumers may request confirmation of the access their personal data, correct inaccuracies of personal data, delete personal data, obtain copies of personal data, and opt out of the processing of personal data for purposes of Targeted Advertising or certain kinds of profiling. Please note that we may maintain copies of information that you have updated, modified, or deleted, in our business records and in the normal course of our business operations, as permitted or required by applicable law.

Exercising Your Rights. Colorado residents may submit CPA requests by submission through our Contact Us information or by phone at 1-888-254-8827 (toll free).

13. Additional Information for Connecticut Residents

PRIVACY NOTICE FOR CONNECTICUT RESIDENTS

This PRIVACY NOTICE FOR Connecticut RESIDENTS supplements the information contained in the Privacy Policy of iTalk Global Communications, Inc. and its affiliated companies (collectively, “iTalk” “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of Connecticut (“consumers” “user” or “you”). We adopt this notice to comply with the Connecticut Data Privacy Act effective July 1st, 2023 (“CTDPA”). Any terms defined in the CTDPA have the same meaning when used in this PRIVACY NOTICE FOR CONNECTICUT RESIDENTS.

The CTDPA provides Connecticut residents consumers with specific rights regarding their personal information. This section describes your CTDPA rights and explains how to exercise those rights.

Under the CTDPA, consumers may request confirmation of the access their personal data, correct inaccuracies of personal data, delete personal data, obtain copies of personal data, and opt out of the processing of personal data for purposes of Targeted Advertising or certain kinds of profiling. Additionally, residents of Connecticut must give prior consent to process personal or sensitive data. Please note that we may maintain copies of information that you have updated, modified, or deleted, in our business records and in the normal course of our business operations, as permitted or required by applicable law.

Exercising Your Rights. Connecticut residents may submit CTDPA requests by submission through our Contact Us information or by phone at 1-888-254-8827 (toll free).

14. Additional Information for Nevada Residents

PRIVACY NOTICE FOR NEVADA RESIDENTS

This PRIVACY NOTICE FOR Nevada RESIDENTS supplements the information contained in the Privacy Policy of iTalk Global Communications, Inc. and its affiliated companies (collectively, “iTalk” “we,” “us,” or “our”) and applies solely to visitors, users, and others who reside in the State of Nevada (“consumers” “user” or “you”). We adopt this notice to comply with Nevada’s Privacy Law SB 220 effective October 1st, 2019 (“SB 220”). Any terms defined in the SB 220 have the same meaning when used in this PRIVACY NOTICE FOR NEVADA RESIDENTS.

The SB 220 provides Nevada residents consumers with specific rights regarding their personal information. This section describes your SB 220 rights and explains how to exercise those rights.

Under the SB 220, consumers may request what kind of personal data is collected, correct inaccuracies of personal data, and learn how we use cookies to collect certain information. Please note that we may maintain copies of information that you have updated, or modified in our business records and in the normal course of our business operations, as permitted or required by applicable law.

Exercising Your Rights. Nevada residents may submit SB 220 requests by submission through our Contact Us information or by phone at 1-888-254-8827 (toll free).

15. Contact Us

If you have any questions about this Policy or our privacy practices, please email us at Privacy.Legal@italkbb.com or contact us at:

iTalk Global Communications, Inc.

William A. Burge, General Counsel

1120 S Capital of Texas Hwy, Bldg. 3, Suite 110, Austin, TX, 78746

16. Changes to this Policy

This Policy is current as of the Effective Date set forth below. We may change this Policy from time to time, so please check back regularly for updates. We will post any changes to this Policy on our Websites. In the event of any substantial changes to this Policy that significantly impact our handling of the personal information previously obtained from you, we will provide advance notice of such changes by highlighting them on our Websites.

Toll Free: 1888-254-8827

Postal Address: iTalk Global Communications, Inc. William Burge, General Counsel, 1120 S Capital of Texas Hwy, Bldg. 3, Suite 110, Austin, TX, 78746

© iTalk Global Communications, Inc., March 2024 – All Rights Reserved

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: 720-231-5735
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