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Terms and conditions of use CTiContRol®

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This agreement is made and entered into between you or the entity you represent and CALLTECH PROCESSING TECHNOLOGIES S.A. (hereinafter CALLTECH S.A.) and consists of the terms below, the terms incorporated by reference, the terms applicable to other Google websites and services that you use and that are necessary to use the services (for example, your Gmail account), the terms of the Google API and the privacy policies. By accepting these terms and conditions of use on behalf of an entity, such as your employer, you declare that you have the necessary legal authority to link to such entity. If a company name is specified in relation to a service registration or ordering, you will be deemed to have placed that order and to have signed this agreement on behalf of that organization or company. By accepting these terms and conditions, you accept these terms. If you do not accept and do not comply with them, you will not be able to use the services.

Services

It is a cloud solution that allows you to use the communication infrastructure owned by the end user directly or indirectly and that integrates with any telephone system.

Rights of use:

CTiContRol® for GSuite grants you use rights to a suite of several components, RTC (Real Time Communications) applications, and APIs integration that extend the functionality of some Google GSuite applications to integrate the customer's unified communication platform with the Google tools of collaboration.

How webphone CTiContRol® works for GSuite

CTiContRol® for GSuite includes a Webphone for the Google Chrome browser, which extends the interfaces of Google Contacts and Gmail. Allowing the user to register with their GSuite account to the communication server or softswitch, unify the contact list directly from Google Contacts including the directory of corporate extensions and use the following telephone features from various GSuite applications such as: receiving calls, call waiting (Hold), transference and reception of MWI lamps.

The user only needs to install the CTiContRol® for GSuite extension from the Google Chrome WebStore, which uses WebRTC technology to transmit and receive unified communications in the browser. From that moment on, whenever you are registered in your Google GSuite collaboration tool, you will be able to enjoy all the features that CTiContRol® offers by clicking on the enabled extension at the top of your browser.

The administrator will use the CTiContRol® Server to set the voice services, user profiles and query of reports on the platform use.

Intellectual property rights

The CTiContRol® application for GSuite, the software, algorithms, and all intellectual property rights of CALLTECH S.A., all patents and patent applications, trademarks, trade names, logos, copyrighted materials, graphics, texts, images, designs (including the “look and feel” of the application and any part of it), specifications, methods, procedures, information, know-how, data, technical data, interactive features, source and object code, files, interface, GUI and trade secrets, whether or not registered and/or capable of being registered (collectively, “Intellectual Property”), are owned and/or licensed by CALLTECH S.A., and are subject to copyright and other applicable intellectual property rights under the Colombian laws and international conventions.

Form of use

The use of our services must be in accordance with the following conditions, as well as responsible use for legal, authorized and acceptable purposes.

You cannot:

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Reverse engineer, decompile, disassemble, or circumvent the technical limitations of the services, except to the extent that applicable laws allow it despite these limitations;

disable, alter or attempt to circumvent any mechanism that limits your use of the services;

send, store or transmit a virus or other harmful computer code through or on our services;

interrupt or interfere with the integrity or performance of our services;

collect information about our users in any inadmissible or unauthorized way;

rent, lease, provide, resell, transfer or sublicense any service or part thereof to or for third parties, except as explicitly permitted herein or under the license terms accompanying any component of the services;

use the services for any illegal or prohibited purpose in accordance with current legislation or these terms and conditions; neither

use the services in any way that could damage, disable, overload or deteriorate any CTiContRol® service for GSuite (as well as the networks connected to it) or interfere with the use and enjoyment by third parties of any of the services.

You are responsible for the data and use of your account, as well as for notifying us immediately of any unauthorized use or security breach of the account or services.

Thirdparty services

CTiContRol® for GSuite allow you to access, use or interact with websites, applications, content and other products and services from Google or third parties that interact in a way that allows you to access your contacts, calls and information. Please note that Google or Google G suite has its own terms of use and privacy policy that will govern the use of such services.

Updates

We may make changes to services occasionally, including: availability of features.

Features. We can make features available in an updated version. Later versions are provided “as is”. Later versions may be subject to reduced or different security, compliance, privacy, availability, reliability and support commitments, and other additional notifications provided in conjunction with the later version.

Security, privacy and data

Security. We maintain technical and organizational measures, internal controls, and data security routines designed to protect customer data from accidental loss or change, unauthorized disclosure or access, or illegal destruction.

Data location and privacy. We treat your data in accordance with the terms herein and our privacy policy. We can transfer, store and process your data in Colombia or in any country where we or our subcontractors have facilities used for developer services. You will obtain the consent or the necessary rights of the end users or of other people whose data or personal information or other data are hosted in the services.

Rights to provide data and information. You must have, and hereby grant us, sufficient rights to use and distribute your information as necessary so that we can provide you the services for the application without violating the rights of any third party, and without forcing CALLTECH S.A. to you or any third party. We do not assume any additional obligation that may apply to your information except as required by applicable law.

Data and information ownership. Except for the software and content we provide to you, just as between the parties, you retain all rights, ownership and interest in and on your data. We do not acquire any rights to the data.

Use of data and information. The services transmit data to us, including usage and performance data. We will use your data and information to provide our services. This use may include troubleshooting to prevent, find and correct problems with the services operation and ensure compliance with the terms and conditions. It may also include: providing you with suggestions to help you discover and use a feature within the services, improve the features of our services, and use patterns, trends and other statistical data derived from your data and information to provide, operate, maintain and improve our products and services.

We will not use your data and information, nor will we obtain information from them for the purposes of (i) advertising or (ii) other commercial purposes (apart from providing the services to you) without your consent.

Deletion of data and information. Through a clear and express request, the entity with which we have a service agreement can request the deletion of data and information, once the request is received by this entity, we will be responsible for removing the data and information from the databases. The deletion of data and information will be carried out between 30 and 60 days from the receipt of the request. Likewise, and in the event that the company does not request a copy of original data, we will delete all the data and information found in our databases.

Data and information requests by third parties. We will not disclose your data to any third party except as indicated by you or unless required by law. We will ask any third party requesting access to your data and information to contact you directly using your basic contact information. We will notify you immediately and provide you with a copy of the request unless legally prohibited. You are responsible for responding to requests from a third party regarding the services use.

Subcontractors. We may contract other companies to provide limited services on our behalf, for example, customer support. These subcontractors will be allowed to obtain data and information only to provide the services for which we have contracted them. We remain responsible for the fulfillment of the obligations established in these terms and conditions by our subcontractors.

Law enforcement. We will comply with all the laws applicable to our provision of the services, including the applicable laws regarding the notification of security breaches, except for the laws applicable to you or your field that are not generally applicable to the providers of information technology services.

You will comply with all the laws applicable to your data and information and the services use, including the laws applicable to you or your field.

Accounts and services

Account creation. You must complete the registration process providing us with current, complete and accurate information. You cannot select an account username or identifier that impersonates another person, that is or may be illegal, or that may be protected by trademarks or other proprietary rights, that is vulgar or offensive, or may cause confusion.

Responsibility of your account. You are responsible for: each and every activity that occurs in your account and immediately notify our customer service team of any possible misuse of your accounts or any security incident related to the services.

Service validity or suspension

Service validity period. The validity of the service begins when you accept the terms and conditions of use, as well as the privacy policies of our services; you can dispense with these at any time through a clear and express request, the entity with which you have a service agreement can request the deletion of data and information, once the request is received by this entity, we will be responsible for removing the data and information from databases. The deletion of data and information will be eliminated between 30 and 60 days from the receipt of the request. Likewise, and in the event that the company does not request a copy of original data, we will delete all the data and information found in our databases.

It is reminded that for the request of the backup mentioned in the previous paragraph, you, as part of the agreement signed for the provision of our services, must have it. To verify that your CTiContRol® account has this service, verify the agreement with Calltech S.A.

In consideration of the compatibility of the subscription to Google services such as Google Contacts or Google Drive, you can restrict access to your data to CTiContRol® from the personal settings of your Google account.

You can configure your account from https://myaccount.google.com/security, following the these instructions from your web browser, Settings / preferences option / user accounts / manage Google account / security / third-party applications with access to account.

Regulatory provisions. In any country in which there is any current or future government regulation or requirement that applies to us, but not generally to companies that have activities in that country, that raises a difficulty for us to manage the services without variation, or that makes us believe that the services may be in conflict with said regulation or requirement, we can modify the services or cancel the provision of our services.

Suspension. We may suspend your use of the services if:

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It is reasonably necessary to prevent unauthorized access to your data and information;

you do not respond to a claim of alleged infringement within a reasonable time;

you violate this rules of use; or

we suspect fraud. We will try to suspend access to the minimum necessary part of the services while the condition or need exists. We will notify you before we proceed with the suspension, unless we reasonably believe that we must proceed with the suspension immediately.

RESPONSABILITY

YOU DECIDE TO USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS OF LIABILITY. WE PROVIDE OUR SERVICES “AS IS” AND WITHOUT ANY KIND OF EXPRESS OR IMPLIED WARRANTY, WHICH INCLUDES, AMONG OTHERS, WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE, TITLE, NO BREACH AND ABSENCE OF ANY COMPUTER VIRUSES OR OTHER TYPE OF HARMFUL CODE. WE DO NOT GUARANTEE THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE OR USEFUL, THAT OUR SERVICES ARE OPERATIONAL, ERROR-FREE, PROTECTED OR SECURE, OR THAT OUR SERVICES WILL WORK WITHOUT INTERRUPTIONS, DELAYS OR IMPERFECTIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR FEATURES, SERVICES AND INTERFACES PROVIDED. WE ARE NOT RESPONSIBLE OR LIABLE TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING THE CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. RELEASES CALLTECH S.A., INCLUDING MANAGERS, EMPLOYEES, PARTNERS AND AGENTS (TOGETHER, THE “PARTIES OF CALLTECH S.A.”) FROM ANY CLAIM, COMPLAINT, LAWSUIT, CONTROVERSY OR CONFLICT (TOGETHER, “CLAIMS”), RELATED, DERIVATIVE, OR CONNECTED IN ANY WAY WITH ANY CLAIM YOU HAVE AGAINST ANY THIRD PARTY.

NONE OF THE PARTIES, NOR THEIR SUPPLIERS, WILL BE LIABLE FOR LOSS OF INCOME, LOSS OF PROFIT, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

LIMITATION OF LIABILITY

CALLTECH S.A. SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING, SPECIAL, PUNITIVE, INDIRECT OR INCIDENTAL RELATED, DERIVED OR CONNECTED IN ANY WAY WITH THESE CONDITIONS, US OR OUR SERVICES, EVEN WHEN NOTICE ON THE POSSIBILITY OF THEIR OCCURRENCE HAS BEEN GIVEN. OUR JOINT LIABILITY RELATED, DERIVED OR CONNECTED IN ANY WAY TO OUR CONDITIONS, WE OR OUR SERVICES WILL NOT EXCEED THE VALUE OF THREE HUNDRED THOUSAND COLOMBIAN PESOS OR THE AMOUNT YOU HAVE PAID US IN THE LAST TWELVE MONTHS, WHICH IS HIGHER. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND THE LIMITATION OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS IN THIS JURISDICTION MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, AND THEREFORE, IT IS POSSIBLE THAT SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS DESCRIBED ABOVE MAY NOT APPLY TO YOU. WITHOUT DAMAGE TO ANY PROVISION ESTABLISHED OTHERWISE IN OUR CONDITIONS, IN SUCH CASES, THE LIABILITY OF THE PARTIES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

IT IS POSSIBLE THAT THE LOCAL LEGISLATION GIVES YOU ADDITIONAL RIGHTS THAT THE PRESENT CONDITIONS CANNOT MODIFY. THESE DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, INCLUDING APPLICATION TO IMPLIED WARRANTIES OF MERCHANTABILITY, SUITABILITY FOR A PARTICULAR PURPOSE AND ABSENCE OF INFRINGEMENT.

Defense

You agree to defend, indemnify and release the parties of CALLTECH S.A. from all liability, any obligation, damage, loss and expense of any kind (including reasonable attorneys' fees and costs) related, derived or connected in any way with any of the following: (i) Your access to or use of our services, including information provided in connection therewith; (ii) your breach or alleged breach of our Conditions; or (iii) any erroneous declaration on your part. You will cooperate to the extent that we require it, in order to defend or solve any claim.

Additional provisions

No additional rights are granted. We reserve all rights that are not expressly granted by virtue of the provision of our service, and no other right is granted, whether by implication, legal impediment or in any other way.

Applicable legislation. The provision of our services is regulated by the legislation of the Republic of Colombia.

Force Majeure. Neither party will be liable as a consequence of a breach due to causes that are beyond their reasonable control (such as fires, explosions, blackouts, earthquakes, floods, storms, strikes, embargoes, labor conflicts, acts of civil or military authority, wars, terrorism, including computer terrorism), natural phenomena, acts or omissions of Internet traffic operators, actions or omissions of governmental or regulatory bodies (including the approval of regulations or other government laws that affect the provision of services).

Definitions

“Data and information” is all Content or other data, including text, sound, video or image files and software, that you provide to us, on your behalf, or through the use of the Services for developers use or for use by its authorized users. Customer Data does not include Presentations or any other Content or data that you submit to the Documentation Portal or that you provide through the Services for developers for public access.

“Privacy statement” means the privacy statement of the services, which you can find in https://www.calltechsa.com/wordpress/index.php/webphone-cticontrol-for-gsuite-privacy-policy/

“Service refers to the Services placed through the application and the Software developed by Calltech S.A. that we make available for your use https://chrome.google.com/webstore/detail/cticontrol-for-google-gs/gakjlgabbpdkoilkncmlolaampjadjbj?hl=es

Consult the Privacy Policy of CTiContRol®

You can see the instructions to accept Policies and Terms and Conditions of Use CTiContRol®

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