Terms &
Condition

Last Updated: April 1, 2025

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1. Introduction

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Welcome to Switchbox Software LLC (“Company,” “we,” “us,” or “our”). We develop and operate a software-as-a-service (SaaS) platform (the “Service”) that provides CRM, communications, AI automation, and related solutions to businesses. These Terms and Conditions (“Terms”) govern your access to and use of our website(s), web-based platform, mobile applications, and any other products or services that reference these Terms. By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of these Terms, please do not use the Service. If you have any questions about these Terms, contact us at:

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Switchbox Software LLC

8 The Green, Suite A

Dover, DE 19901

Email: privacy@switchbox.ai

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2. Definitions

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“Affiliate”: Any entity that controls, is controlled by, or is under common control with a party.

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“You” or “User”: The individual or legal entity accessing or using the Service.

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“Service”: Our website(s), platform, applications, or other related offerings that reference these Terms.

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“Device”: Any electronic device that can access the Service (e.g., computer, cellphone, tablet).

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3. Acceptance of Terms

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By accessing or using the Service, you confirm that:

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1. You are at least 18 years old (the Service is not intended for use by minors).

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2. You have read, understood, and agree to be bound by these Terms, along with any other policies referenced herein (e.g., Privacy Policy).

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3. If you are using the Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

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4. Privacy Policy

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Your use of the Service is also subject to our Privacy Policy, which describes how we collect, use, and disclose personal information. The Privacy Policy is incorporated by reference into these Terms. Please review it carefully before using the Service.

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5. License and Ownership

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1. License Grant: Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business or personal purposes.

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2. Ownership: All content, features, and functionality (including but not limited to software, text, graphics, logos, trademarks, service marks, etc.) available on the Service are owned by or licensed to us and are protected by intellectual property and other laws. You agree not to reproduce, distribute, create derivative works from, or otherwise exploit our content without prior written permission.

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6. Accounts and Registration

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Certain features of the Service may require you to create an account. When creating an account, you agree to:

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● Provide accurate and complete information.

● Keep your login credentials confidential and secure.

● Accept responsibility for all activities that occur under your account.

● Notify us immediately if you suspect any unauthorized use of your account or breach of security.

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We reserve the right to reject or remove any username that is deemed offensive, trademarked, or impersonating someone else.

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7. Payments and Subscriptions

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If you subscribe to a paid plan for our Service:

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1. Billing: You agree to provide valid payment information and authorize us (or our third-party payment processor) to charge the applicable fees to your chosen payment

method.

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2. Renewals: Unless otherwise stated, subscriptions automatically renew at the end of each billing cycle. You may cancel at any time, but fees already paid are non-refundable.

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3. Price Changes: We may change subscription fees upon providing reasonable notice, typically via email or within the Service.

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8. Acceptable Use and Restrictions

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You agree not to use the Service in any manner that:

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1. Violates any applicable laws, regulations, or third-party rights (including intellectual property).

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2. Involves sending unauthorized or unsolicited marketing communications (spam), infringing upon the Telephone Consumer Protection Act (TCPA), 10DLC rules, or other regulations regarding SMS/calls.

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3. Contains software viruses or any malicious code that interferes with or disrupts the integrity or performance of the Service.

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4. Attempts to gain unauthorized access to the Service or its related systems or networks.

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We reserve the right to suspend or terminate your account and access to the Service for violations of this section or these Terms.

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9. 10DLC and TCPA Compliance

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If you use our SMS or calling features:

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● Consent: You are responsible for obtaining proper consent (e.g.,

recipients, as required by law, before sending messages or making calls.

“opt-in”) from all recipients, as required by law, before sending messages or making calls.

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● Opt-Out: You must honor all “STOP” or similar opt-out requests promptly.

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● Carrier and Regulatory Rules: You agree to comply with 10DLC registration requirements, TCPA, and any other applicable telemarketing or consumer protection laws.

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10. Third-Party Links and Services

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The Service may contain links to external websites, services, or resources not owned or

controlled by us. We do not endorse nor assume responsibility for any third-party content. You

acknowledge that we are not liable for any loss or damage caused by your use of such

third-party websites or services. Review the terms and conditions and privacy policies of those

third parties before engaging with them.

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11. Term and Termination

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These Terms remain in effect as long as you continue to use the Service. We may terminate or

suspend your access immediately, without prior notice or liability, for any reason, including but

not limited to:

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● Violation of these Terms.

● Non-payment of fees.

● Activities that may harm or violate the rights of others or us.

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Upon termination, your right to use the Service will cease immediately. Sections that by their nature should survive termination will remain in effect (e.g., Limitations of Liability, Governing Law).

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14. Indemnification

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You agree to defend, indemnify, and hold us and our affiliates, officers, directors, employees, and agents harmless from any claim, demand, liability, damages, losses, and expenses (including attorneys’ fees) arising out of or in any way connected with:

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● Your breach of these Terms.

● Your violation of any law or regulation.

● Your use or misuse of the Service, including telemarketing or messaging activities.

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15. Governing Law and Dispute Resolution

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These Terms and any dispute arising out of or related to them will be governed by the laws of the State of Delaware, without regard to conflict-of-law provisions. All claims or disputes shall be resolved exclusively in the state or federal courts located in or near Dover, Delaware, and you

consent to personal jurisdiction in those courts.

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16. Changes to Terms

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We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice via email or prominent notice on our Service before new terms take effect. By continuing to access or use the Service after those

revisions become effective, you agree to be bound by the updated Terms.

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17. Miscellaneous

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● Severability: If any provision of these Terms is found invalid or unenforceable, the remaining provisions shall remain in full force.

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● No Waiver: Our failure to exercise any right under these Terms does not constitute a waiver of that right.

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● Entire Agreement: These Terms, along with our Privacy Policy, constitute the entire agreement between you and us regarding the Service, superseding any prior agreements.

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● Assignment: You may not assign or transfer these Terms or any rights hereunder without our prior written consent. We may freely assign our rights under these Terms.

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● Force Majeure: We shall not be liable for any delay or failure to perform resulting from causes beyond our reasonable control.

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18. Contact Us

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For any questions or comments regarding these Terms, please contact:

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