Welcome to Rylo!

Nagish Inc. d/b/a Rylo (“Rylo”) offers a website located at https://rylo.com (collectively with any related websites and successor websites, the "Website"), and a mobile application (the "App") to provide phone calls using text instead of or in addition to using voice, enabling users to communicate over a phone call or a video conference call by typing and reading real-time captions. These Rylo Terms of Use (the "Terms of Use") govern your access to and use of the Rylo services, functionality and resources available or enabled via our App and Website (the "Services").

In addition to the Terms of Use, please read our Rylo Privacy Policy, incorporated herein by reference, to learn more about how your submitted content and information is handled by Rylo. Please also refer to Annex 1 to read the E911 Service Disclosures for information about your use of the Services to contact emergency services, and Annex 2 to read our Rylo AI Supplementary Terms.

BY CLICKING ON THE "GET STARTED" BUTTON, COMPLETING THE REGISTRATION PROCESS, USING THE SERVICES AND/OR DOWNLOADING THE APP, YOU REPRESENT THAT (1) YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THE TERMS OF USE, (2) YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IF THAT IS NOT 18 YEARS OF AGE WHERE YOU LIVE), OR THAT YOU HAVE REVIEWED THIS AGREEMENT WITH YOUR PARENT OR LEGAL GUARDIAN AND HE OR SHE HAS PROVIDED VERIFIABLE PARENTAL CONSENT, AND (3) YOU HAVE THE AUTHORITY TO ENTER INTO THE TERMS OF USE. YOU AGREE THAT YOU (OR YOUR PARENT OR GUARDIAN) ARE FULLY ABLE AND COMPETENT TO ENTER INTO AND COMPLY WITH THIS AGREEMENT. IF YOU ARE UNDER 18 YEARS OF AGE, YOUR PARENT OR LEGAL GUARDIAN MUST PROVIDE VERIFIABLE PARENTAL CONSENT BEFORE YOU ACCESS THE SERVICES AND YOUR PARENTS ARE RESPONSIBLE FOR YOUR ACTIONS AND ANY OBLIGATIONS YOU INCUR WHILE ENJOYING THE BENEFITS OF ACCESS TO THE FEATURES AND FUNCTIONS OF THE SERVICES. THE TERM "YOU" REFERS TO THE INDIVIDUAL, AS APPLICABLE, USING THE SERVICES OR IDENTIFIED AS THE USER WHEN YOU REGISTERED ON THE APP OR WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE APP, WEBSITE OR THE SERVICES.

PLEASE BE AWARE THAT SECTION 15 OF THESE TERMS OF USE CONTAINS PROVISIONS GOVERNING HOW CLAIMS THAT YOU AND WE HAVE AGAINST EACH OTHER ARE RESOLVED, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS THAT AROSE OR WERE ASSERTED PRIOR TO THE EFFECTIVE DATE OF THE TERMS OF USE. IN PARTICULAR, IT CONTAINS AN ARBITRATION AGREEMENT WHICH WILL, WITH LIMITED EXCEPTIONS, REQUIRE DISPUTES BETWEEN US TO BE SUBMITTED TO BINDING AND FINAL ARBITRATION. UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT: (1) YOU WILL ONLY BE PERMITTED TO PURSUE CLAIMS AND SEEK RELIEF AGAINST US ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION OR PROCEEDING; AND (2) YOU ARE WAIVING YOUR RIGHT TO SEEK RELIEF IN A COURT OF LAW AND TO HAVE A JURY TRIAL ON YOUR CLAIMS.

Your use of, and participation in, certain features of the Services may be subject to additional terms ("Supplemental Terms") and such Supplemental Terms will either be listed in the Terms of Use or will be presented to you for your acceptance when you sign up to use the supplemental service. If the Terms of Use are inconsistent with the Supplemental Terms, the Supplemental Terms shall control with respect to such service. The Terms of Use, the Privacy Policy, Annex 1 and any applicable Supplemental Terms are referred to herein as the "Agreement."

PLEASE NOTE THAT THE AGREEMENT IS SUBJECT TO CHANGE BY RYLO IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, Rylo will make a new copy of the Terms of Use available in the App and/or Website and any new Supplemental Terms will be made available from within, or through, the affected Services on the App and/or Website. We will also update the "Last Updated" date at the top of the Terms of Use. If we make material changes to the Terms of Use, we may (and, where required by law, will) also provide notification of changes in another way that we believe is reasonably likely to reach you, such as via e-mail if you have an Account or another manner through the Services (which may include posting an announcement on our App or Website). Rylo may require you to provide consent to the updated Agreement in a specified manner before further use of the App, Website and/or the Services is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the App, Website and/or the Services. Otherwise, your continued use of the App, Website and/or Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE APP AND WEBSITE TO VIEW THE THEN-CURRENT TERMS.

1. Use of the Services and Rylo Properties

The App, Website, and the Services, and the information and content available on the App, Website and the Services (each, a "Rylo Property" and collectively, the "Rylo Properties") are protected by U.S. copyright laws. Subject to the Agreement, Rylo grants you a limited license to reproduce portions of Rylo Properties for the sole purpose of using the Services for your personal or internal business purposes. A "Registered User" is a user who has a registered account (an "Account") and is the person who will actually use the Services and who must have a hearing or speech disability that necessitates the use of a captioned or relayed telephone service, or is a user who creates an Account for demonstration purposes. Unless otherwise specified by Rylo in a separate license, your right to use any and all Rylo Properties is subject to the Agreement.

1.1. Description. The Service allows Registered Users to create, import and maintain an address book of the Registered User's contacts ("Contacts") to enable a Registered User to place and receive captioned calls to such contacts through the internet via the App or Website. You understand that the captioning provided in connection with the Services is by an automated speech recognition system which provides captions in the App or Website.

1.2. Requirements for Use of Captioned Telephone and Relay Services. In order to use the call captioning Service for free, you represent that you have a hearing or a speech disability that necessitates use of a captioned or relayed telephone service, and you will not allow others who do not have a hearing or speech disability to utilize the Services to make or receive calls through the App or Website. Except as set forth below, you understand that the cost of captioning calls for users with hearing loss through the Services is funded through a government program, and that we may disclose your telephone number to third parties to verify eligibility to use the Services and when required by law, for example, when we seek reimbursement for captioned calls through the Interstate Telecommunications Relay Service ("TRS") Fund. Where required by law, you will notify other calling parties that you are using a service that captions calls. Rylo reserves the right to offer the Services for a fee outside of the TRS program, including those Services that are not captioned telephone services or relayed telephone service.

1.3. App License. Subject to your compliance with the Agreement, Rylo grants you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and use a copy of the App on a mobile device or computer that you own or control and to run such copy of the App solely for your own personal or internal business purposes. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an "App Store Sourced Application"), you will only use the App Store Sourced Application (a) on an Apple-branded product that runs iOS (Apple's proprietary operating system) and (b) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. Notwithstanding the first sentence in this section, with respect to any App accessed through or downloaded from the Google Play store (a "Google Play Sourced App"), you may have additional license rights with respect to use of the App on a shared basis within your designated family group.

1.4. Updates. You understand that Rylo Properties are evolving. As a result, Rylo may require you to accept updates to Rylo Properties that you have installed. You acknowledge and agree that Rylo may update Rylo Properties with or without notifying you. You may need to update third-party software from time to time in order to use Rylo Properties.

1.5. Certain Restrictions. The rights granted to you in the Agreement are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Rylo Properties or any portion of Rylo Properties, including the App; (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Rylo Properties (including images, text, page layout or form) of Rylo; (c) you shall not use any metatags or other "hidden text" using Rylo's name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Rylo Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) you shall not use any manual or automated software, devices or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools or the like) to "scrape" or download data from any web pages contained in the App or Website (except that we grant the operators of public search engines revocable permission to use spiders to copy materials from the App or Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials); (f) you shall not access Rylo Properties in order to build a similar or competitive App, Website or service; (g) except as expressly stated herein, no part of Rylo Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (h) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Rylo Properties. Any future release, update or other addition to Rylo Properties shall be subject to the Agreement. Rylo, its suppliers and service providers reserve all rights not granted in the Agreement. Rylo may, in its sole discretion, waive any or all of the restrictions set forth in this Section by executing a separate written agreement with a third party on such terms and conditions as Rylo deems appropriate.  Any unauthorized use of any Rylo Property terminates the licenses granted by Rylo pursuant to the Agreement.

1.6. Third-Party Materials. As a part of Rylo Properties, you may have access to materials that are hosted by another party. You agree that it is impossible for Rylo to monitor such materials and that you access these materials at your own risk.

2. Registration

2.1. Registering Your Account. In order to access certain features of Rylo Properties you may be required to become a Registered User.

2.2. Registration Data. In registering an account on the App or Website, you agree to provide true, accurate, current and complete information about the intended user of the Services as prompted by the registration form (the "Registration Data"). 

You represent that the Registered User is (a) at least eighteen (18) years old (or has reached the age of majority where the Registered User lives), in which case the Registered User must create the Account themselves; or, if the Registered User is under eighteen (18), the Registered User's parent or legal guardian must create the Account on the Registered User's behalf in accordance with Section 2.6 below; and (b) not a person barred from using Rylo Properties under the laws of the United States, the Registered User's place of residence or any other applicable jurisdiction. The person registering the Account further represents that they are of legal age to form a binding contract and have the legal authority to enter into this Agreement on the Registered User's behalf where applicable.

You are responsible for all activities that occur under the Account, whether or not authorized. If you provide any information that is untrue, inaccurate, not current or incomplete, or Rylo has reasonable grounds to suspect that any information you provide is untrue, inaccurate, not current or incomplete, Rylo has the right to suspend or terminate the Account and refuse any and all current or future use of Rylo Properties (or any portion thereof). You agree not to create an Account using a false identity or information. Except as expressly permitted under Section 2.6 (Accounts for Minors), you agree not to create an Account on behalf of someone other than yourself. You agree that no Registered User shall have more than one Account at any given time. Rylo reserves the right to remove or reclaim any usernames at any time and for any reason, including but not limited to, claims by a third party that a username violates the third party's rights. You agree not to create an Account or use Rylo Properties if you (or the Registered User on whose behalf you are registering) have been previously removed by Rylo, or have been previously banned from any of Rylo Properties.

2.3. Your Account. Notwithstanding anything to the contrary herein, you acknowledge and agree that you shall have no ownership or other property interest in your Account, and you further acknowledge and agree that all rights in and to your Account are and shall forever be owned by and inure to the benefit of Rylo. Rylo reserves the right to terminate your Account if it has been inactive for more than thirty (30) days.

2.4. Necessary Equipment and Software. You must provide all equipment and software necessary to connect to Rylo Properties. You are solely responsible for any fees, including Internet connection or mobile fees, that you incur when accessing Rylo Properties. By providing your cellphone number and using the Services, you hereby affirmatively consent to our use of your cellphone number for calls and texts in order to perform the Services. Rylo will not assess and charge for any calls or texts, but standard message charges or other charges from your wireless carrier may apply. You may opt out of receiving text messages from us by emailing support@rylo.com.

2.5. Numbering. Rylo assigns you a local ten-digit number during our sign-up process, assigned by geographic location. Per FCC rules, Rylo cannot assign you a toll-free number, but you may obtain one here. You may request that Rylo link your Rylo number with a toll-free number that you obtain. At any time, you may bring an IP Relay number with you to Rylo from another IP Relay provider ("port in") and you may also port out your Rylo number to another internet-based TRS provider. If you initially sign up to use IP Relay with Rylo, Rylo will serve as your default provider. You may use more than one IP Relay provider to make IP Relay calls, with one IP Relay provider serving as the "default provider," at your discretion.

2.6. Accounts for Minors. If the Registered User is under eighteen (18) years of age (or under the age of majority where the Registered User lives), the Registered User may not register an Account themselves. Instead, the Registered User's parent or legal guardian (the "Parent/Guardian") must register the Account on the minor Registered User's behalf. By registering an Account on behalf of a minor Registered User, the Parent/Guardian represents and agrees that:

• The Parent/Guardian is the minor Registered User's parent or legal guardian and has the legal authority to enter into this Agreement on the minor Registered User's behalf, to consent to the minor Registered User's use of the Services, and to provide the certifications and consents required under this Agreement and applicable FCC rules;
• The minor Registered User has a hearing or speech disability that necessitates the use of captioned or relayed telephone service (the Parent/Guardian, not the minor Registered User, signs the TRS eligibility self-certification required under 47 C.F.R. § 64.611 on behalf of the minor Registered User);
• The information provided in Registration Data describes the minor Registered User (including the minor Registered User's full legal name, residential address, date of birth, and any other identifying information required under Section 3), and the Parent/Guardian will additionally provide the Parent/Guardian's own full legal name, residential address, and relationship to the minor Registered User for submission to the TRS User Registration Database as required by the FCC;
• The Parent/Guardian will supervise the minor Registered User's use of the Services, is responsible for all activity on the Account, and accepts full responsibility for the minor User's compliance with this Agreement;
• The Parent/Guardian will promptly notify Rylo if the minor Registered User no longer meets the eligibility criteria, if the Parent/Guardian's legal authority changes (for example, on a transfer of custody), or if the Registration Data otherwise becomes inaccurate.

Notwithstanding any provision of this Agreement to the contrary, the minor Registered User remains the user of the Services for purposes of FCC TRS rules and the TRS User Registration Database. The Parent/Guardian's role is to provide consent and certification on the minor Registered User's behalf; the Parent/Guardian does not become the Registered User and may not use the Services for their own communications unless the Parent/Guardian independently has a qualifying hearing or speech disability and separately registers their own Account.

If the minor Registered User is under the age of thirteen (13), Rylo will collect, use, and disclose personal information about the minor Registered User only in accordance with the Children's Online Privacy Protection Act ("COPPA") and our Privacy Policy. The Parent/Guardian's verifiable parental consent under COPPA will be obtained as part of the registration process.

2.7 Billing and Auto-Renewal.  To the extent you subscribe to and are billed for any Rylo Services, subscription fees will be billed in advance on a recurring basis.  Your subscription will automatically renew at the end of each billing period at the then-current subscription rate unless you cancel prior to the renewal date. You authorize Rylo to charge the payment method on file for each renewal period without further action on your part. To the extent required by law, you will receive a reminder notice before any automatic renewal. To cancel, you must do so through your account settings or by contacting support at least thirty (30) days before your renewal date; cancellations take effect at the end of the current billing period and no partial refunds will be issued for unused time. Rylo reserves the right to change its subscription pricing upon advance notice, and your continued use of Rylo Properties following such notice constitutes your acceptance of the updated pricing.

3. TRS User Registration Database Consent for Internet Protocol Captioned Telephone Service ("IP CTS") Users

You consent that Rylo may collect and transmit the following information to the TRS User Registration Database to ensure proper administration of the TRS program, as required by the FCC: (A) the User's full name; (B) the User's full residential address; (C) telephone number; (D) a unique identifier such as the electronic serial number (ESN) of the User's IP CTS device, the User's log-in identification, or the User's email address; (E) the last four digits of the User's social security number or alternatives (as appropriate); (F) the User's date of birth; (G) Registered Location (if applicable); (H) Rylo as the User's IP CTS provider; (I) date of service initiation and (when applicable) termination; (J) a digital copy of the User's self-certification of eligibility for IP CTS and the date obtained by Rylo; and (K) if you are an existing user, the date on which the User last placed an IP CTS call.

Additional information collected for minor Users. If the User is under eighteen (18) years of age, Rylo will additionally collect and transmit to the TRS User Registration Database the full name and residential address of the Parent/Guardian who registered the Account on the minor User's behalf, and the self-certification of eligibility for the minor User will be the certification signed by the Parent/Guardian on the minor User's behalf in accordance with Section 2.6.

The handling of all information described in this Section 3 is also governed by our Privacy Policy. Failure to consent will require Rylo to deny the User service.

4. Responsibility for Content

4.1. Customer Content. You acknowledge that all communications, data, text, Contacts, sound, messages and/or other materials shared or accessible through Rylo Properties (collectively, "Content"), are the sole responsibility of the party from whom such Content originated. This means that you, and not Rylo, are entirely responsible for all Content that you share, transmit or otherwise make available through Rylo Properties ("Customer Content"). We do not claim any ownership rights in your Customer Content. As between you and Rylo, you retain any and all of your rights to your Customer Content. We consider all Customer Content to be confidential and we do not use, share, or access Customer Content unless directed to do so by you, to ensure compliance with the Agreement, and/or to comply with applicable law and other legal requirements. For example, with your permission we would access your Customer Content to respond to and solve your support request. You are solely responsible for Customer Content and represent that you own or have the necessary rights to all of your Customer Content, and that use of Customer Content does not infringe, misappropriate or violate a third party's intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation, and that the Customer Content complies with the Agreement. You represent and warrant that you have obtained all consents and permissions needed to provide and use your Contacts in the context of the Services. By making any Customer Content available through the Services, you hereby grant to Rylo a non-exclusive, transferable, worldwide, royalty-free license, with the right to sublicense, to use, host, cache, store, reproduce, transmit, publish, distribute and modify (for formatting purposes only), your Customer Content solely in connection with operating and providing the Services and Rylo Properties to you. Subject to the foregoing license, as between Rylo and you, you retain any and all of your rights to your Customer Content.

4.2. No Obligation to Pre-Screen Content. You acknowledge that Rylo has no obligation to review Content (including, but not limited to, Customer Content), although Rylo reserves the right in its sole discretion to refuse or delete any Content. In the event that Rylo refuses or deletes any Content, you acknowledge that Rylo will do so for Rylo's benefit, not yours. Without limiting the foregoing, Rylo shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You are responsible for taking precautions as necessary to protect yourself and your computer systems from harmful or destructive Content. Rylo disclaims any responsibility for any harm resulting from the use by visitors or Registered Users of our Services or from Content there posted.

4.3. Storage. Unless expressly agreed to by Rylo in writing elsewhere, Rylo has no obligation to store any Customer Content. Rylo has no responsibility or liability for the deletion or accuracy of any Content or the failure to store, transmit or receive transmission of Content.

5. Ownership

5.1. Rylo Properties. Except with respect to Customer Content, you agree that Rylo and its suppliers own all rights, title and interest in Rylo Properties (including but not limited to, any computer code, themes, objects, concepts, artwork, animations, sounds, audiovisual effects, moral rights, and server software). You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Rylo Properties.

5.2. Trademarks. Rylo and all related graphics, logos, service marks and trade names used on or in connection with any Rylo Properties or in connection with the Services are the trademarks of Rylo and may not be used without permission in connection with your or any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Rylo Properties are the property of their respective owners.

5.3. Other Content. Except with respect to your Customer Content, you agree that you have no right, title, or interest in or to any Content that appears on or in Rylo Properties.

5.4. Feedback. You agree that submission of any ideas, suggestions, documents, and/or proposals to Rylo ("Feedback") is at your own risk and that Rylo has no obligations (including, without limitation, obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Rylo a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Rylo Properties and/or Rylo's business.

6. User Conduct

You agree that you will not, under any circumstances (except to the extent expressly authorized by the Agreement and law):

6.1. Reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose any portion of Rylo Properties (including your Account), or access to or use of Rylo Properties;

6.2. Use Rylo Properties or any part thereof for any commercial purpose, including, but not limited to, communicating or facilitating any commercial advertisement or solicitation;

6.3. Engage in any contests, surveys or other duplicative or unsolicited communications (commercial or otherwise) in connection with Rylo Properties;

6.4. Market any goods or services for any business purposes on or in connection with any Rylo Properties;

6.5. Harm minors in any way;

6.6. Impersonate any person or entity, including, but not limited to, Rylo personnel, or falsely state or otherwise misrepresent your affiliation with a person or entity;

6.7. Make available any Content that infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity or other proprietary or contractual rights;

6.8. Intentionally or unintentionally violate any applicable local, state, national or international law or regulation, or any order of a court;

6.9. Register for more than one Account or register for an Account on behalf of an individual other than yourself;

6.10. Stalk or otherwise harass, bully or intimidate any other user of Rylo Properties; or

6.11. Advocate, encourage or assist any third party in doing any of the foregoing activities in this section.

7. Investigations

Although Rylo does not generally monitor user activity occurring in connection with Rylo Properties or Content, if Rylo becomes aware of any possible violations by you of any provision of the Agreement, Rylo reserves the right to investigate such violations, and Rylo may, at its sole discretion, immediately terminate your license to use Rylo Properties, or remove your Customer Content, in whole or in part, without prior notice to you.

8. Interactions with Other Users

8.1. User Responsibility. You are solely responsible for your interactions with other Registered Users and any other parties with whom you interact, including your Contacts. You agree that Rylo will not be responsible for any liability incurred as the result of such interactions.

8.2. Content Provided by Other Users. In connection with your use of Rylo Properties, you may have access to Content provided by other Registered Users or such Content may be transmitted to you. Rylo is not responsible for and does not control Content. Rylo has no obligation to review or monitor, and does not approve, endorse or make any representations or warranties with respect to Content. You use and access all Content and interact with other Registered Users at your own risk.

9. Third-Party Services

9.1. Third-Party Websites, Applications and Ads. Rylo Properties may contain links to third-party websites ("Third-Party Websites") and applications ("Third-Party Applications") and advertisements for third parties ("Third-Party Ads"). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Rylo Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Rylo. Rylo is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Rylo provides these Third-Party Websites, Third-Party Applications and Third-Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.

9.2. App Stores. You acknowledge and agree that the availability of the App and the Services is dependent on the third party from whom you received the App license, e.g., the Apple App Store (the "App Store"). You acknowledge that the Agreement is between you and Rylo and not with the App Store. Rylo, not the App Store, is solely responsible for Rylo Properties, including the App, the content thereof, maintenance, support services, and warranty therefore, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with Rylo Properties, including the App. You agree to comply with, and your license to use the App is conditioned upon your compliance with all terms of agreement imposed by the applicable App Store when using any Rylo Property, including the App. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Agreement and will have the right to enforce it.

10. Indemnification

You agree to indemnify and hold Rylo, its parents, subsidiaries, affiliates, officers, employees, agents, partners, suppliers, and licensors (each, a "Rylo Party" and collectively, the "Rylo Parties") harmless from any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of any and all of the following: (a) your Customer Content; (b) your use of, or inability to use, any Rylo Property; (c) your violation of the Agreement; (d) your violation of any rights of another party, including any Registered Users; or (e) your violation of any applicable laws, rules or regulations. Rylo reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Rylo in asserting any available defenses. This provision does not require you to indemnify any of the Rylo Parties for any unconscionable commercial practice by such party or for such party's fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App, Website or any Services provided hereunder. You agree that the provisions in this section will survive any termination of your Account, the Agreement and/or your access to Rylo Properties.

11. Disclaimer of Warranties and Conditions

11.1. As Is. YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF RYLO PROPERTIES IS AT YOUR SOLE RISK, AND RYLO PROPERTIES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. RYLO PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

11.2. No Liability for Conduct of Third Parties. YOU ACKNOWLEDGE AND AGREE THAT RYLO PARTIES ARE NOT LIABLE, AND YOU AGREE NOT TO SEEK TO HOLD RYLO PARTIES LIABLE, FOR THE CONDUCT OF THIRD PARTIES, INCLUDING OTHER REGISTERED USERS, AND THAT THE RISK OF INJURY FROM SUCH THIRD PARTIES RESTS ENTIRELY WITH YOU. RYLO MAKES NO WARRANTY THAT THE GOODS OR SERVICES PROVIDED BY THIRD PARTIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. RYLO MAKES NO WARRANTY REGARDING THE QUALITY OF ANY SUCH GOODS OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH RYLO’ PROPERTIES.

11.3. No Liability for Conduct of Other Users. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF RYLO PROPERTIES OR YOUR CONTACTS. YOU UNDERSTAND THAT RYLO DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF RYLO PROPERTIES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF RYLO PROPERTIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON.

12. Limitation of Liability

12.1. Disclaimer of Certain Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL RYLO PARTIES BE LIABLE FOR ANY LOSS OF PROFITS, REVENUE OR DATA, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, OR DAMAGES OR COSTS DUE TO LOSS OF PRODUCTION OR USE, BUSINESS INTERRUPTION, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, IN EACH CASE WHETHER OR NOT RYLO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE AGREEMENT OR ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF RYLO PROPERTIES, ON ANY THEORY OF LIABILITY, RESULTING FROM: (1) THE USE OR INABILITY TO USE RYLO PROPERTIES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED FOR TRANSACTIONS ENTERED INTO THROUGH RYLO PROPERTIES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON RYLO PROPERTIES; OR (5) ANY OTHER MATTER RELATED TO RYLO PROPERTIES, WHETHER BASED ON WARRANTY, COPYRIGHT, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A RYLO PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A RYLO PARTY'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A RYLO PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

12.2. Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, UNDER NO CIRCUMSTANCES WILL RYLO PARTIES BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) ONE HUNDRED DOLLARS ($100.00) AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF A RYLO PARTY FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A RYLO PARTY'S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY A RYLO PARTY'S FRAUD OR FRAUDULENT MISREPRESENTATION.

12.3. User Content. EXCEPT FOR RYLO'S OBLIGATIONS TO PROTECT YOUR PERSONAL DATA AS SET FORTH IN THE RYLO PRIVACY POLICY, RYLO ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY CONTENT (INCLUDING, BUT NOT LIMITED TO, CUSTOMER CONTENT), USER COMMUNICATIONS OR PERSONALIZATION SETTINGS.

12.4. Basis of the Bargain. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN RYLO AND YOU.

13. Remedies

13.1. Violations. If Rylo becomes aware of any possible violations by you of the Agreement, Rylo reserves the right to investigate such violations. If, as a result of the investigation, Rylo believes that criminal activity has occurred, Rylo reserves the right to refer the matter to, and to cooperate with, any and all applicable legal authorities. Rylo is entitled, except to the extent prohibited by applicable law, to disclose any information or materials on or in Rylo Properties, including your Customer Content, in Rylo's possession in connection with your use of Rylo Properties, to (a) comply with applicable laws, legal process or governmental request; (b) enforce the Terms; (c) respond to any claims that Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Rylo, its Registered Users or the public, and all enforcement or other government officials, as Rylo in its sole discretion believes to be necessary or appropriate.

13.2. Breach. In the event that Rylo determines, in its sole discretion, that you have breached any portion of the Agreement, or have otherwise demonstrated conduct inappropriate for Rylo Properties, Rylo reserves the right to:

13.2.1. Warn you via e-mail (to any e-mail address you have provided to Rylo) that you have violated the Agreement;

13.2.2. Delete any of your Customer Content provided to Rylo Properties;

13.2.3. Discontinue your registration(s) with any Rylo Properties, including any Services;

13.2.4. Notify and/or send Content to and/or fully cooperate with the proper law enforcement authorities for further action; and/or

13.2.5. Pursue any other action which Rylo deems to be appropriate.

14. Term and Termination

14.1. Term. The Agreement commences on the date when you agree to be bound (as described in the preamble above) and remains in full force and effect while you use Rylo Properties, unless terminated earlier in accordance with the Agreement.

14.2. Prior Use. Notwithstanding the foregoing, you hereby acknowledge and agree that the Agreement commenced on the earlier to occur of (a) the date you first used Rylo Properties or (b) the date you accepted the Agreement and will remain in full force and effect while you use any Rylo Properties, unless earlier terminated in accordance with the Agreement.

14.3. Termination of Services by Rylo. If you have materially breached any provision of the Agreement, or if Rylo is required to do so by law (e.g., where the provision of the App, the Website or the Services is, or becomes, unlawful or when required by the FCC), Rylo has the right to, immediately and without notice, suspend or terminate any Services provided to you. You agree that all terminations for cause shall be made in Rylo's sole discretion and that Rylo shall not be liable to you or any third party for any termination of your Account.

14.4. Termination of Services by You. If you want to terminate the Services provided by Rylo, you may do so by closing your Account for all of the Services that you use.

14.5. Effect of Termination. Upon termination of the Services, your right to use the Services will automatically terminate immediately. Rylo will not have any liability whatsoever to you for any suspension or termination, including for deletion of Customer Content. All provisions of the Agreement which by their nature should survive shall survive termination of Services, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.

14.6. No Subsequent Registration. If your registration(s) with or ability to access Rylo Properties is discontinued by Rylo due to your violation of any portion of the Agreement or for conduct otherwise deemed inappropriate by Rylo, then you agree that you shall not attempt to re-register with or access Rylo Properties through use of a different member name or otherwise. In the event that you violate the immediately preceding sentence, Rylo reserves the right, in its sole discretion, to immediately take any or all of the actions set forth herein without any notice or warning to you.

15. Dispute Resolution

Please read the following arbitration agreement in this Section ("Arbitration Agreement") carefully. It requires you to arbitrate disputes with Rylo and limits the manner in which you can seek relief from us.

15.1. Applicability of Arbitration Agreement. You agree that any dispute or claim relating in any way to your access or use of the Services, to any products sold or distributed through the App or Website, or to any aspect of your relationship with Rylo, will be resolved by binding arbitration, rather than in court by one (1) arbitrator, except that (1) you may assert claims in small claims court if your claims qualify; and (2) you or Rylo may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

15.2. Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to legal@rylo.com. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, shall be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims shall be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees and cannot obtain a waiver from JAMS, Rylo will pay them for you. In addition, Rylo will reimburse all such JAMS's filing, administrative, hearing and/or other fees for claims totaling less than $10,000 unless the arbitrator determines the claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

15.3. Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and Rylo. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

15.4. Waiver of Jury Trial. YOU AND RYLO HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Rylo are instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15.1 above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

15.5. Waiver of Class or Other Non-Individualized Relief. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection's limitations as to a given claim for relief, then the claim must be severed from the arbitration and brought into the State or Federal Courts located in the State of New York. All other claims shall be arbitrated.

15.6. Mass Arbitration Procedures. If twenty-five (25) or more similar claims are asserted against Rylo by the same or coordinated counsel, you agree: (a) counsel for the claimants and Rylo shall each select ten (10) claims to proceed first as bellwether cases, with statutes of limitations tolled for remaining claims; (b) following resolution of the bellwether cases, the parties shall mediate all remaining claims; (c) if claims remain unresolved, they shall proceed in batches of no more than fifty (50) at a time; and (d) multiple claimants’ counsel firms shall designate a single liaison counsel. Nothing herein prevents participation in government investigations.

15.7. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: legal@rylo.com within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your Rylo username (if any), the email address you used to set up your Rylo account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

15.7. Severability. Except as provided in subsection 15.5, if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

15.9. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Rylo.

15.10. Modification. Notwithstanding any provision in this Agreement to the contrary, we agree that if Rylo makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing Rylo at the following address: Nagish, Inc. dba Rylo, 228 Park Avenue S, PMB 58177, New York, NY 10003, Attn: Legal.

16. General Provisions

16.1. Electronic Communications. The communications between you and Rylo may take place via electronic means, whether you visit Rylo Properties or send Rylo e-mails, or whether Rylo posts notices on Rylo Properties or communicates with you via e-mail. For contractual purposes, you (a) consent to receive communications from Rylo in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Rylo provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

16.2. Release. You hereby release Rylo Parties and their successors from claims, demands, any and all losses, damages, rights, and actions of any kind, including personal injuries, death, and property damage, that is either directly or indirectly related to or arises from your use of Rylo Properties, including but not limited to, any interactions with or conduct of other Users or third-party websites of any kind arising in connection with or as a result of the Agreement or your use of Rylo Properties. If you are a California resident, you hereby waive California Civil Code Section 1542, which states, "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." The foregoing release does not apply to (a) any claims, demands, or any losses, damages, rights and actions of any kind, including personal injuries, death or property damage caused by a Rylo Party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the App, Website or any Services provided hereunder, or (b) any unconscionable commercial practice by a Rylo Party. You may also file an informal or formal complaint with the Federal Communications Commission.

16.3. Assignment. The Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Rylo's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

16.4. Force Majeure. Rylo shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

16.5. Questions, Complaints, Claims. If you have any questions, complaints or claims with respect to Rylo Properties, please contact us at: Nagish, Inc. dba Rylo, 228 Park Avenue S, PMB 58177, New York, NY 10003, Attn: Legal or email us at: support@rylo.com. We will do our best to address your concerns. If you feel that your concerns have been addressed incompletely, we invite you to let us know for further investigation.

16.6. Exclusive Venue. To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and Rylo agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in the state or federal courts located in New York, New York.

16.7. Governing Law. THE TERMS AND ANY ACTION RELATED THERETO WILL BE GOVERNED AND INTERPRETED BY AND UNDER THE LAWS OF THE STATE OF NEW YORK, CONSISTENT WITH THE FEDERAL ARBITRATION ACT, WITHOUT GIVING EFFECT TO ANY PRINCIPLES THAT PROVIDE FOR THE APPLICATION OF THE LAW OF ANOTHER JURISDICTION. THE UNITED NATIONS CONVENTION ON CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS DOES NOT APPLY TO THE AGREEMENT.

16.8. Notice. Where Rylo requires that you provide an e-mail address, you are responsible for providing Rylo with your most current e-mail address. In the event that the last e-mail address you provided to Rylo is not valid, or for any reason is not capable of delivering to you any notices required/permitted by the Agreement, Rylo's dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Rylo at the following email address: support@rylo.com. Such notice shall be deemed given when received by Rylo by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail at the above address.

16.9. Waiver. Any waiver or failure to enforce any provision of the Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.

16.10. Severability. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.

16.11. Accessing and Downloading the Application from Apple App Store. The following applies to any App Store Sourced Application accessed through or downloaded from the Apple App Store:

16.11.1. You acknowledge and agree that (i) the Agreement is concluded between you and Rylo only, and not Apple, and (ii) Rylo, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

16.11.2. You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

16.11.3. In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Rylo and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Rylo.

16.11.4. You and Rylo acknowledge that, as between Rylo and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

16.11.5. You and Rylo acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Rylo and Apple, Rylo, 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 the Agreement.

16.11.6. You and Rylo acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of the Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of the Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.

16.11.7. Without limiting any other terms of the Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

16.12. Consumer Complaints. In accordance with California Civil Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.

16.13. Entire Agreement. The Agreement is the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.

Annex 1 — Rylo E911 Services

Rylo understands the importance of making sure a Registered User has reliable, fast access to emergency services when they need it most.

Definitions. Terms capitalized when used within this document have the following meanings:

• "911 Services" means functionality that allows Registered Users to contact emergency services by dialing the digits 911.
• "Enhanced 911 Service" or "E911" means the ability to route an emergency call to the designated entity authorized to receive such calls, which in many cases is a Public Safety Answering Point ("PSAP"), serving the Registered User's registered or user-provided address and to deliver the Registered User's telephone number and registered address information automatically to the emergency operator answering the call.

With E911, when a caller from your registered location dials the digits 911 from the Rylo Service that is associated with a phone number and a properly registered address, the phone number and address are automatically presented to the local emergency center serving the location. Emergency operators will have access to this information regardless of whether the caller is able to verbally provide such information, and whether the caller uses IP Relay or IP CTS.

Emergency Service Disclosure Applicable to IP Relay and IP CTS Calling Services Offered by Rylo. The limitations detailed below are applicable to all of Rylo's Internet-based telecommunications Relay Service ("iTRS") calling Services, including its Internet Protocol Relay Service ("IP Relay") and its Internet Protocol Captioned Telephone Service ("IP CTS"). You acknowledge and understand the potential limitations arising from the delivery of emergency services when dialing 911 and, specifically, the limitations detailed below associated with Rylo's iTRS emergency calling capabilities.

1. Rylo's iTRS calling services have 911 capabilities that are similar to VoIP providers but different than those offered by traditional landline providers of local telephone services. All of Rylo's calling Services are Internet-based. As a result, the 911 calling capabilities associated with Rylo's Services are different from those offered by traditional landline providers of local telephone services and calls may be handled differently than emergency calls placed with traditional landline telephone service. You expressly consent to the limitations of the 911 calling capabilities, including without limitation, those described herein, and may consider alternate means for accessing traditional emergency services.

2. 911 service may NOT work if you experience a power outage, Internet service outage or any other network disruption. Outages of your electricity and problems with your connection, including network congestion, may disrupt any Rylo calling Service and you may not be able to use it for 911 emergency calling.

3. 911 service will NOT work if your internet service is disconnected or you experience an outage for any reason. If you have a Service outage due to a suspension of your account or for any other reason, you will not be able to use any Rylo calling Services for any calls, including for emergency 911 calls.

4. You may not be able to reach the correct emergency service center if you have a telephone number that does not match your actual geographic location. While Rylo may leverage GPS and other geolocation information from your mobile device, if you have provided Rylo access to this information, emergency service personnel will not always be able to track your location through Rylo's system. It is therefore important to ensure that your Registered Location information remains updated. You can update your Registered Location at any time. For 911 calls to be accurately routed to the appropriate emergency call center, you must provide accurate address information. Rylo will prompt you to confirm your address when placing a 911 call. In some instances, your call may not reach the emergency personnel near your actual physical location, you may have to provide your location information to a national emergency calling center, and/or the emergency personnel may not be able to transfer your call or respond to your emergency. In an emergency, it is best to dial 911 directly from your native dialer app rather than through TRS.

5. You may not be able to reach the correct emergency service center if you fail to register or update your valid service address. Failure to provide a correct physical address in the correct format, or update your Registered Location, may cause calls to be routed to the incorrect local emergency service provider. Furthermore, use of any Rylo calling Service from a location other than the location to which such Service was registered, i.e., the "Registered Location," may result in 911 calls being routed to the incorrect local emergency service provider. That call may instead be routed to the backbone provider 24/7 Emergency Call Center ("ECC"). You acknowledge that for emergency call routing involving the ECC, Rylo has no ability to assist the caller in the event that (i) the caller cannot speak or identify their address; (ii) the data connectivity between the address database and the ECC is interrupted; or (iii) Rylo cannot provide the endpoint location information.

By accepting the Terms of Use, incorporating this Disclosure, you acknowledge that you have received and understand the information regarding the limitations of E911/911 Services.

You acknowledge and agree that Rylo, its affiliates, directors, officers, employees, agents, underlying local provider(s) or other public or private agencies and any third party providers will not be liable for any injury, death or damage to persons or property, or any other claim arising directly or indirectly out of, or relating in any way to the E911 or 911 Services, including without limitation any inability to access such Services, except to the extent such claims or causes of action arose from Rylo's gross negligence, recklessness or willful misconduct.

Annex 2 — Rylo AI Supplementary Terms

These Rylo AI Supplementary Terms ("Rylo AI Terms") apply to your access to and use of any Rylo AI features.

Definitions. Any defined terms used herein and not otherwise defined have the meanings set forth in the Agreement.

• "Customer Data" shall have the meaning set forth in the Rylo Privacy Policy.
• "Rylo AI" means any features or functionality made available by Rylo that utilize data models trained by machine learning.
• "Rylo Live" or “Rylo Live Transcribe” is Rylo's service for transcribing live, in-person conversations on a user's device. Rylo Live is not offered when a user makes a phone call with Rylo, and Rylo Live is not offered in connection with the federal telecommunications relay services ("TRS") program.
• “Rylo Sign” is Rylo’s AI-powered sign language translation service.

Fees. Rylo AI is currently offered as part of your Rylo Account at no additional cost.

Input and Output. You may provide input to be processed by Rylo AI ("Input"), and receive output generated and returned by Rylo AI based on the Input ("Output"). When you use Rylo AI, Input and Output are your Customer Data. You are solely responsible for the content and use of your Customer Data. You acknowledge that due to the nature of machine learning and the technology powering Rylo AI features, Output may not be unique and Rylo AI may generate the same or similar output to Rylo or a third party, and Rylo AI may generate the same Output for you as other Registered Users. Further, our Services may provide incomplete, incorrect, or offensive Output that does not represent Rylo's views.

Rylo AI Use Restrictions.

• You may not use Rylo AI or Output (i) to develop foundation models or other large scale models that compete with Rylo or Rylo AI; (ii) to mislead any person that Output from the Service was solely human generated; (iii) to generate spam or content for dissemination in electoral campaigns; or (iv) in a manner that violates any technical documentation, usage guidelines, or parameters.
• Rylo reserves the right to disable or degrade your access to Rylo AI in its sole discretion in order to ensure optimal performance and fair use across all Rylo users.
• You will ensure that your Input and use of Rylo AI and Output will not (i) violate any applicable law, including any local, regional, or national prohibition of such technology; (ii) violate these Rylo AI Terms or the Agreement; (iii) violate our "User Conduct" restrictions as set forth in Section 6 of the Terms of Use; or (iv) infringe, violate, or misappropriate any of our rights or the rights of any third party.

Improving Rylo AI. Artificial intelligence and machine learning models can improve over time to better address specific use cases. We use Customer Data to provide our Services, comply with applicable law, enforce our terms and policies, and keep our Services safe. Input that you provide in connection with Rylo Live, Rylo Live Transcribe, or Rylo Sign, and your usage of those services, may be used to train or improve our models and Rylo AI, consistent with applicable law. The content of calls processed as part of the federal TRS program will not be used or retained beyond the duration of the call by either Rylo or its partners, except as required by law.

Warranty Disclaimer. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA OBTAINED THROUGH THE USE OF ANY RYLO AI FEATURE IS DONE AT YOUR SOLE RISK. RYLO AI CANNOT DYNAMICALLY RETRIEVE INFORMATION, AND OUTPUT MAY NOT ACCOUNT FOR EVENTS OR CHANGES TO UNDERLYING FACTS OCCURRING AFTER THE AI MODEL WAS TRAINED. NO INFORMATION OR ADVICE, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM RYLO OR THROUGH RYLO AI SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. RYLO AI IS PROVIDED "AS IS" AND "AS AVAILABLE," AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RYLO DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, RELATED TO RYLO AI, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.