Welcome, and thank you for your interest in Omilia Natural Language Solutions Ltd. (“Omilia”, “we,” or “us”) and our website at www.omilia.com (the “Site”), as well as all related web sites, applications, downloadable or accessible software, mobile applications, learning and training tools, video, text, content and other products and services provided by us and for which a link to these Terms of Use is displayed (collectively, together with the Site, our “Service”). The Terms of Use is a legally binding contract between you and Omilia Natural Language Solutions Ltd regarding your use of the Service. If you are not eligible to use the Services, or do not agree to these Terms, then you may not use or access the Services in any manner. If you are not eligible to use the Services, or do not agree to these Terms, then please do not use the Service. 1. Service Overview Our products and services help third parties provide their customers with virtual assistants/bots that use AI to provide assistance through conversational self-service. Our products are designed to work equally well on spoken or digital communications coming in from a variety of channels. 2. Mobile Device Usage Use of the Services may be made also available through a browser on a mobile device or through an application running on a mobile device. You are solely responsible for all costs incurred by you with respect to your usage of the Services on a mobile device, including data usage fees and other telecommunications fees. You represent and warrant that you are an individual who is at least 18 years of age. You will only use the Services for your own internal, personal, non-commercial use, and not on behalf of or for the benefit of any third party, and only in a manner that complies with all laws that apply to you. If your use of the Services is prohibited by applicable laws, then you are not authorized to use the Services. We can’t and won’t be responsible for your using the Services in a way that breaks the law or third parties’ rights. You will not share your account or password with anyone, and you must protect the security of your account and your password. You are responsible for any activity associated with your account. You understand and agree that Omilia Natural Language Solutions Ltd owns the Services. You won’t modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works based on, or otherwise exploit any of the Services, as further described below. 3. Prohibited Conduct By using the service you agree not to: 3.1 use the Service for any illegal purpose, or in violation of any local, national, EU or international law; 3.2 violate, or encourage others to violate, the rights of third parties, including by infringing or misappropriating third party intellectual property rights; 3.3 post, upload, or distribute any user content or other content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate as determined by us; 3.4 interfere with security-related features of the Service, including without limitation by (i) disabling or circumventing features that prevent or limit use or copying of any content, or (ii) reverse engineering or otherwise attempting to discover the source code of the Service or any part thereof except to the extent that such activity is expressly permitted by applicable law; 3.5 interfere with the operation of the Service or any user’s enjoyment of the Service, including without limitation by (i) uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code; (ii) making unsolicited offers or advertisements to other users of the Service; (iii) attempting to collect, personal information about users or third parties without their consent; or (iv) interfering with or disrupting any networks, equipment, or servers connected to or used to provide the Service, or violating the regulations, policies, or procedures of such networks, equipment, or servers; 3.6 perform any fraudulent activity including impersonating any person or entity, claiming false affiliations, accessing the Service accounts of others without permission, or falsifying your age or date of birth; 3.7 sell or otherwise transfer the access granted herein or any Materials (as defined in Section 11 below) or any right or ability to view, access, or use any Materials; 3.8 provide Financial Information to us which you do not have the authority to provide; 3.9 “crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Services or content (through use of manual or automated means); or 3.10 attempt to do any of the foregoing in this Section, or assist or permit any persons in engaging or attempting to engage in any of the activities described in this Section. Third-Party Services and Offers; Linked Websites. We may provide tools through the Service that enable you to export information, including user content, to third party services, including through features that allow you to link your account with us, with an account on a third party service, such as Twitter or Facebook, or through our implementation of third party buttons (such as “like” or “share” buttons). By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information. The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their content. 4. Privacy Policy; Additional Terms 4.1 Privacy Policy. Your voice or text data including your spoken utterances in audio and textual format, shall be used by Omilia to train our AI aiming to improve the system, and more specifically training and fine-tuning acoustic and language models. Your data shall be anonymised and stored in an encoded format within Omilia’s PCI DSS secure cloud data storage. You shall retain ownership of all of your data and by using any of Omilia’s services you are providing an unlimited license to Omilia to use your data for system training purposes, improving Omilia’s software products, training language, acoustic and voice activity detection models, optimizing system dialogues, and fine tuning the application components. Omilia is fully compliant with GDPR. Find out more about your rights and how we fulfil our obligations by viewing our privacy notice in the data protection sector of our Site. 4.2 Additional Terms Your use of the Service is subject to any and all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to on the Service (the “Additional Terms”), such as end-user license agreements for any downloadable applications that we may offer, or rules applicable to particular features or content on the Service or additional services which subject to Section 5 below. All such Additional Terms are hereby incorporated by reference into, and made a part of, these Terms. 5. Changes to the Terms We reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes. In the event that a change to these Terms materially modifies your rights or obligations, we will make reasonable efforts to notify you of such change. We may provide notice through a pop-up or banner within the Service, by sending an email to any address you may have used to register for an account, or through other mechanisms. Additionally, if the changed Terms materially modify your rights or obligations, we may require you to provide consent by accepting the changed Terms. If we require your acceptance of the changed Terms, changes are effective only after your acceptance. If you do not accept the changed Terms, we may terminate your access to and use of the Service. All other changes are effective upon publication of the changed Terms. Disputes arising under these Terms will be resolved in accordance with the Terms in effect that the time the dispute arose. 6. Ownership; Proprietary Rights; Feedback 6.1 The Service is owned and operated by Omilia Natural Language Solutions Ltd. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service (the “Materials”) provided by us are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service are the property of us or our third-party licensors. Except as expressly authorized by us you may not make use of the Materials. We reserve all rights to the Materials not granted expressly in these Terms. 6.2 You may provide us with, or we may solicit your feedback, ideas, or suggestions with respect to the Services, and you hereby grant us a perpetual, worldwide, fully transferable, sub-licensable, full-paid up, irrevocable, royalty free license to use such feedback in future modifications of the Service, other products or services, or marketing or materials. We will not, however, disclose such feedback in a way that would identify you, without obtaining your permission. Use of the Apple App Store and Google Play Store These Terms apply to your use of all the Services, including the iPhone, iPad Touch, and iPad, applications available via the Apple, Inc. (“Apple”) App Store (the “Application”), but the following additional terms also apply to the Application: (i) Both you and Omilia Natural Language Solutions Ltd acknowledge that the Terms are concluded between you and Omilia Natural Language Solutions Ltd only, and not with Apple, and that Apple is not responsible for the Application or the content; (ii) The Application is licensed to you on a limited, non-exclusive, non-transferrable, non-sub licensable basis, solely to be used in connection with the Services for your private, personal, non-commercial use, subject to all the terms and conditions of these Terms as they are applicable to the Services; (iii) You will only use the Application in connection with an Apple device that you own or control; (iv) You acknowledge and agree that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application; (v) In the event of any failure of the Application to conform to any applicable warranty, including those implied by law, you may notify Apple of such failure; upon notification, Apple’s sole warranty obligation to you will be to refund to you the purchase price, if any, of the Application; (vi) You acknowledge and agree that Omilia Natural Language Solutions Ltd , and not Apple, is responsible for addressing any claims you or any third party may have in relation to the Application; (vii) You acknowledge and agree that, in the event of any third party claim that the Application or your possession and use of the Application infringes that third party’s intellectual property rights, Omilia Natural Language Solutions Ltd , and not Apple, will be responsible for the investigation, defense, settlement and discharge of any such infringement claim; (viii) You represent and warrant that you are not located in a country subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country, and that you are not listed on any U.S. Government list of prohibited or restricted parties; (ix) Both you and Omilia Natural Language Solutions Ltd acknowledge and agree that, in your use of the Application, you will comply with any applicable third party terms of agreement which may affect or be affected by such use; and (x) Both you and Omilia Natural Language Solutions Ltd acknowledge and agree that Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and that upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as the third party beneficiary hereof. (xi) In the event you use the Application to provide you with real-time route guidance. Your use of such real-time route guidance is at your sole risk and location data may not be accurate. 8. INDEMNITY. YOU AGREE THAT YOU WILL BE RESPONSIBLE FOR YOUR USE OF THE SERVICE, AND YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS OMILIA NATURAL LANGUAGE SOLUTIONS LTD. AND ITS OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS, AFFILIATES, SUBSIDIARIES AND AGENTS (COLLECTIVELY, THE “OMILIA NATURAL LANGUAGE SOLUTIONS LTD ENTITIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (I) YOUR ACCESS TO, USE OF, OR ALLEGED USE OF THE SERVICE; (II) YOUR VIOLATION OF THESE TERMS OR ANY REPRESENTATION, WARRANTY, OR AGREEMENTS REFERENCED HEREIN, OR ANY APPLICABLE LAW OR REGULATION; (III) YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY INTELLECTUAL PROPERTY RIGHT, PUBLICITY, CONFIDENTIALITY, PROPERTY OR PRIVACY RIGHT; OR (IV) ANY DISPUTES OR ISSUES BETWEEN YOU AND ANY THIRD PARTY. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU (AND WITHOUT LIMITING YOUR INDEMNIFICATION OBLIGATIONS WITH RESPECT TO SUCH MATTER), AND IN SUCH CASE, YOU AGREE TO COOPERATE WITH OUR DEFENSE OF SUCH CLAIM. 9. DISCLAIMERS; NO WARRANTIES. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE OMILIA NATURAL LANGUAGE SOLUTIONS LTD ENTITIES SPECIFICALLY (BUT WITHOUT LIMITATION) DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING BUT NOT LIMITED TO (I) ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (II) ANY WARRANTIES ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. THE OMILIA NATURAL LANGUAGE SOLUTIONS LTD ENTITIES DISCLAIM ALL WARRANTIES THAT THE SERVICE OR ANY PART THEREOF, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, ACCURATE OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR ANY MATERIALS OR CONTENT AVAILABLE ON OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE OMILIA NATURAL LANGUAGE SOLUTIONS LTD ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE DO NOT ENDORSE, WARRANT OR GUARANTEE THE PRODUCTS OR SERVICES OF ANY OFFERS WHICH MAY BE MADE AVAILABLE TO YOU THROUGH THE SERVICES, AND WE ARE NOT AN AGENT OR BROKER OF SUCH OFFER PROVIDERS. WE DO NOT GUARANTEE THAT ANY LOAN, INVESTMENT, PLAN OR OTHER TERMS OFFERED BY ANY THIRD PARTY ARE ACTUALLY THE TERMS THAT MAY BE OFFERED TO YOU OR ARE THE BEST TERMS AVAILABLE. ALL FINANCIAL INFORMATION WE RECEIVE FROM THIRD PARTIES OR YOU IS NOT AND WILL NOT BE VERIFIED FOR ACCURACY BY US. YOU ASSUME ALL RISK FOR ALL DAMAGES THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICE, YOUR DEALINGS WITH OTHER SERVICE USERS, AND ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE THE SERVICE AND USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SERVICE AND ANY ASSOCIATED SITES OR SERVICES AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 10. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL OMILIA NATURAL LANGUAGE SOLUTIONS LTD (NOR ITS LICENSORS OR SUPPLIERS) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR (A) ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, (B) ANY AMOUNT FOR WHATEVER REASON CLAIMED , OR (C) ANY MATTER BEYOND OUR REASONABLE CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. 11. Choice of Law; Arbitration. These Terms are governed by and will be construed under the laws of . 12. General. These Terms and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Omilia Natural Language Solutions Ltd., regarding your use of and access to the Service, and except as expressly permitted above may be amended only by a written agreement signed by authorized representatives of all parties to these Terms. You may not assign or transfer these Terms or your rights hereunder, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of these Terms or any provision of these Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself. We reserve the right to discontinue or modify any or all of our Services at any time for any or no reason. We also may terminate (or suspend access to) your use of the Services or your account, for any reason in our discretion, including your breach of these Terms. We has the sole right to decide whether you are in violation of any of the restrictions set forth in these Terms. Use of section headers in these Terms is for convenience only and shall not have any impact on the interpretation of particular provisions. In the event that any part of these Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. Upon termination of these Terms, any provision that by its nature or express terms should survive will survive such termination or expiration. 13. Contact. Please contact us with any questions or comments about these Terms of Use by e-mail at info@omilia.com.