Legal resources

Document Name TERMS OF SERVICE

Document revision 10.0 Revision date: 01 AUG 2023 Effective date: 01 September 2023 © APIFONICA, SMARTTELPLUSOÜ Maakristr.19/1-7k,10145, Tallinn Estonia +3726346295 |+4822 1530003|+371 67660858 2

1. THE PARTIES

This document "Terms & Agreements'', hereafter referred to as the "Agreement", is agreed between Smart Tel Plus OÜ, having its registered office at Maakri str.

19/1-7k, 10145, Tallinn, Estonia and operating under APIFONICA trademark, hereafter referred to as "STP", and the Party identified in the associated

Registration Form, hereafter referred to as the "Customer". The "Customer" is required to provide the necessary identification, as specified in the Registration

Form on the STP website https://apifonica. com (hereinafter referred to as the “Website”).

2. TERMS OF CONSENT

2.1. General Consent to Agreement. BY USING THE WEBSITE OR USING THE API

OR SERVICES, THE CUSTOMER CONFIRMS HIS/HER CONSENT WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, WHICH ALSO INCLUDE AND THE

INCORPORATE ACCEPTABLE USE AND PRIVACY POLICY OF STP AND CUSTOMER’S CONSENT WITH PROCESSING OF HIS/HER PERSONAL DATA FOR THE PURPOSE OF

MARKETING AND PROVISION OF THE STP SERVICES AND OTHER PURPOSES AS STATED IN THE PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF

SERVICE, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE WEBSITE OR APIFONICA API. IF YOU ARE UNDER 16 YEARS-OLD PLEASE READ CAREFULLY THE

INFORMATION BELOW AS YOUR PARENT’S (OR YOUR LEGAL GUARDIAN’S) CONSENT MAY BE REQUIRED FOR PROVISION OF OUR SERVICES TO YOU.

The Customer is responsible for allowing him/her to be legally authorized to enter into this Agreement pursuant to the stipulations below. By accepting these conditions, the Customer acknowledges and declares that he/she is of legal age to enter into such an obligatory agreement in the country of residence or that he/she has the permission of his/her parent or legal guardian. The Customer also confirms that he/she has reached the age of 16 years old at least unless the otherwise is established by the applicable legislation in country of the Customer’s residence as the age when no consent of a person holding of parental responsibility over such minor is required for processing of his/her personal data (however the Customer’s age forthe purpose shall not be below of 13 years old). The Customer below of the said age may enter into the Agreement only if and to the extent that consent is given or authorized by the holder of parental responsibility over the minor. Ifthe

Customer is a legal representative of an organization and intends to enter into a transaction on itsbehalf, he/she presumably holds appropriate rights and authority

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to perform such actions whether or not the credentials and requisites of the supporting document have been entered into the appropriate field of Customer’s data

2.2. Consent to E-Communication. Electronic Signatures and Agreement(s): The

Customer hereby agrees to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the https://apifonica. com website. Furthermore, the Customer hereby waives any rights or requirements under any laws or regulations in any jurisdiction which require an original (non- electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

2.3. No Emergency Calls. No Emergency Calls: by entering into this Agreement the Customer acknowledges and agrees that the STP services does not intend to support or carry emergency calls and the access to any 112, 911 or similar emergency services shall not be provided within the Services.

2.4. Jurisdiction Restrictions. If the Customer is residing in a jurisdiction where it is forbidden by law to offer or use the services, being the subject of the

Agreement, the Customer may not enter into this Agreement. By entering into this

Agreement, the Customer explicitly states that he/she has verified in his/her own jurisdiction if the use of the services is allowed.

2.5. Customer’s Identification. STP may at itssole discretion refuse a Customer’s application:

2.5.1. If the information provided is incomplete, or the Customer has not confirmed his/her consent for processing of his/her personal data using the tools available in the system,

2.5.2. If STP has reason to doubt the accuracy of the information, or itis not supported by the required identification or the required authorization,

2.5.3. If STP has reasonable doubts that the Customer is below the age as specified in the Section 2.1. hereof and no respective consent of a person holding parental responsibility over the minor is given to proceed with this

Agreement and processing of the minor’s personal data, 2.5.4. If the Customer is known to have committed fraud or has given any reason to doubt his ability to meet their commitments under this Agreement.

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3. SERVICES

3.1. Subject to acceptance of and compliance by the Customer with this

Agreement and with the payment requirements for the Services, STP hereby grants to the Customer a limited, non-exclusive, non-transferable, revocable, non-sublicensable right and license to use STP Platform, that consist of and includes the proprietary Apifonica © Platform software, APIs (applications or modules with which the software interacts with a virtual dedicated environment through an application programming interface) website, Customer's account and STP payment options), together referred to as the “STP Platform'' enabling the Customer to have an access to telecommunications services and the services of proprietary process information (all provided in Saa S model under APIFONICA trademark and referred in the Agreement to as the “Service” or the “Services”). The use of licenses in certain areas may be limited by applicable regulation or technical characteristics of the provision of telecommunications services and/or infrastructure, or other technological reasons. Unless explicitly stated otherwise, any new features provided by STP that augment or enhance the current Services shall also constitute the

“Services” and shall be subject to these terms and conditions.

3.2. The license to use STP’s intellectual property rights, and the access to the

Services are granted solely in accordance with the terms and conditions of this

Agreement. The Customer may not and may not allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. The Customer may not allow any unauthorized third party to access the Services for any purpose whatsoever. Allrights not expressly granted under this Agreement are retained by STP.

3.3. In addition to the standard applications available on the Website for use of the Services, the Customer may write a software application or website (an

“Application”) that interfaces with the STP Platform/the Services. The Customer acknowledges that STP may change, deprecate or republish APIs for any Service or feature of a Service from time to time, and that itis Customer’s responsibility to ensure that calls or requests made to or via Service are compatible with then-current APIs for the Service. STP will attempt to inform the Customer of any changes with reasonable notice so the Customer could adjust his/her Application, though this clause shall not constitute a legal obligation for STP to do so.

3.4. The Customer and any Application built, distributed to, or otherwise created by or for the Customer may make network calls, SMS messages or requests to the

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Services, or may receive phone calls/ SMS messages via the Service, at any time that the Services are available provided that those requests do not violate the

terms of the Acceptable Use Policy or other terms of this Agreement.

3.5. The Customer is not allowed to remove, obscure, or alter any notice of any

APIFONICA trademark, service mark or other intellectual property or proprietary right appearing on the Website or contained within the Services.

3.6. Provided that the Customer complies with the terms of this Agreement and

STP’s policies and procedures including the STP Use of Services (the “Acceptable

Use”) and the STP Privacy Policy (the “Privacy Policy), the Customer may use the

Services to execute Applications owned or lawfully obtained provided that the

Customer remains solely responsible for his/her Applications, including any data, text, images or content contained therein.

3.7. The Customer is personally responsible for all trafficoriginating from his/her

Applications using Customer’s account credentials to the Services. As such, the

Customer shall protect his/her authentication keys and security credentials. Actions taken using the Customer’s credentials shall be deemed to be actions taken by the

Customer, with all consequences including service charges and termination, civil and criminal penalties.

3.8. STP may make available to the Customer, for installation, copying and/or use in connection with the Services, from time to time, a variety of software, data and other content and printed and electronic documentation (the “STP

Properties”). Subject to the Customer’s acceptance of this Agreement, ongoing compliance with its terms and conditions with respect to the subject Service, and

payment ifand as required for the Customer’s right to use the subject Service, STP hereby grants to the Customer, without the right to sublicense, a limited, non-exclusive, non-transferable license during the Term of this Agreement, under

STP’s intellectual property or proprietary rights in the STP Properties, only to install, copy and use the STP Properties solely in connection with and as necessary for the Customer’s use of such Services and solely to the extent in compliance with allthe terms and conditions of this Agreement.

(a) The STP Properties may include, without limitation:

● The Website as defined in the Agreement; ● APIFONICA APIs; ● Software owned by STP;

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● Specifications describing the operational and functional capabilities, use limitations, technical and engineering requirements, and testing and performance criteria relevant to the proper use of a Service and its related APIs and technology;

(b) STP may make available under another license agreement, such as an open source agreement, additional content or software. Any such content or software will be clearly marked with such a license indicating the usage rights available for that content or software. For such content or software released pursuant to an open license, STP encourages the Customer to modify, alter, tamper with, repair and/or create derivative works consistent with such license. Such content or software may include:

▪ Developer tools, such as software development kits (SDK) or sample

code, for use in connection with the APIs;

▪ Articles and documentation for use in connection with the use and

implementation of the APIs (collectively, “Documentation”);

(c) Except as may be expressly authorized under this Agreement:

▪ the Customer shall not and shall not attempt to modify, alter, tamper

with, repair, or otherwise create derivative works of any software included in the STP Properties.

▪ the Customer shall not, and shall not attempt to reverse engineer,

disassemble, or decompile the STP Properties or the Services or apply any other process or procedure to derive the source code of any software included in the STP Properties.

3.9 For purposes of this Agreement, STP hereby grants to the Customer a non-transferable, non-sublicensable, non-exclusive license during the Term of this

Agreement to display the trade names, trademarks, service marks, logos, domain names of APIFONICA (referred to as “APIFONICA” Mark for the purpose of promoting or advertising that Customer uses the Service. In return the Customer hereby grants STP a non-transferable, non-sublicensable, non- exclusive license during the Term of this Agreement to display itstrade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that the Customer uses the Service. In using APIFONICA Mark, the © SMARTTEL PLUS OÜ, 2023 7

Customer shall not: (i) display APIFONICA Mark in any manner that implies a relationship or affiliationwith, sponsorship, or endorsement by STP as owner of the

Mark; (ii) use APIFONICA Mark to disparage STP or itsproducts or services; or (iii) display APIFONICA Mark on a site that violates any law or regulation.

Notwithstanding the above, STP may determine in its sole discretion whether its marks may be used in connection with the Customer’s Application. Furthermore,

STP may modify the Mark provided to the Customer at any time, and upon notice, the Customer shall use only the modified Mark and not the old Mark. Other than as specified in this Agreement, the Customer shall not use APIFONICA Mark unless a prior written consent is given by STP.

3.10. The rights granted by STP inthis Agreement with respect to STP Properties, the APIFONICA Mark and the Services are non-exclusive, and STP reserves the right to appoint third parties as developers or systems integrators who may offer products or services which compete with Customer’s Application.

3.11. The Customer acknowledges that the allocation of Numbers as part of the

Service does not constitute a transfer of property or sale of numbering rights by

STP, and only constitutes a sale of right to use the Services with Numbers. As a result, the Customer is not entitled to claim any such rights to the Services with these Numbers which have been reassigned to.

3.12. Service term is one or more full months, according to the service order, beginning on date that Service is activated. Service orders are renewed automatically for additional terms until canceled.

4. ACCEPTABLE USE OF SERVICES

4.1. The Customer is prohibited from using the Service for auto-dialing, telemarketing, illegal gambling or betting offerings with no valid license or permission (when such activity is allowed subject to obtaining of the respective license or permission as may be established in the jurisdiction where such activity is affected by the Customer), charitable or political solicitation or polling), fax or voicemail broadcasting or fax or voicemail blasting purposes.

4.2. Unsolicited Communications. The Customer shall under no circumstances use the STP Platform and APIs for sending unsolicited communications as defined in the legislation of the EU (the “Unsolicited Communications”) using

STP’s platform or API’s. The Customer shall at times ensure that its agreements with the clients, using the said services contain clauses ensuring their ability to demonstrate the end-user’s consents given in advance and the prohibition to © SMARTTEL PLUS OÜ, 2023 8

send the Unsolicited Communications. Furthermore, the Customer shall perform allsuch action that prevents Unsolicited Communications from reaching the STP platform. STP isentitled to suspend or terminate the Agreement with immediate effect, without prior notice to the Customer having STP become aware of such undue actions.

4.3. The Customer agrees to indemnify STP against any cost and/or damage and/or expense and/or claim and/or demand, including any made by a third party, arising out of the Customer's or End User's use of the Service in violation of the Acceptable Use of Services, and all costs relating thereto, all of which will immediately be due and payable.

4.4. The use of the Services, requires compliance with minimum technical requirements on the Customer’s side, i. e.: a) having an efficient device with a secure Internet connection (e. g. computer, tablet, smartphone), with essential operational and protective software; b) properly configured and up-to-date version of the web browser, c) have an active email address.

5. PROCESSING OF PERSONAL DATA. CONFIDENTIALITY

5.1. Processing of the personal data (the “Personal Data”) of the Customer or of third persons shall be executed in accordance with the European regulations, and local legislation applicable to protection and processing of personal data, and with the terms and conditions of the Agreement, the Privacy Policy. STP guarantees that itshall treat all Personal Data as strictly confidential. STP shall ensure that all persons or parties, acting on itsside (employees, agents and other persons involved in the processing of Personal Data) have signed and are bound by an adequate confidentiality agreement and/or are under any other binding obligation of confidentiality as they stated in the Privacy Policy.

5.2. By entering into the Agreement and using the Services the Customer acknowledges and confirms that he/she has read STP Privacy Policy (as amended on the Website from time to time) and consented with allthe terms and conditions of the provision of services including processing of his/her Personal Data for the purpose of performance of the Agreement.

5.3. The functionality of the STP Platform available to the Customer under the

Agreement in performance of the Services may include possibility of recording of his/her communications with third parties at Customer’s choice. Recording of

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communication will always require Customer’s active action in using tools of recording while using the Services. In such cases the Customer shall be deemed the controller (as it is defined in the applicable regulation) in respect of the processing of the personal data of such third parties. The Customer shall advise such third persons of such recording and processing and shall receive their informed consent prior to such processing. Further processing of the said data shall be done by STP as processor under Customer’s instruction and shall be limited to storage of the information and sending it to the Customer at his request or to making it available to the Customer through his/her personal account without any monitoring, amendment or other interfering by STP to respective voice information or written correspondence. Whenever the mentioned communications contain the information that may be treated as the personal data of third persons, the

Customer shall keep STP fully indemnified in respect of all claims arising out or connected to the processing at Customer’s request and instruction of personal data of the said third persons as may be contained in such communications recorded by the Customer, and stored or made available to the Customer at his request.

5.4. Personal information about the Customer isfor individual use only and may not be shared or disclosed except for cases where it is required or admitted by the law (with compliance of requirements and precautions when such disclosure is admitted) and or with the Customer’s consent. STP reserves the right to delete

Personal information about Customer whose Agreement has been inactive for more than one year.

5.5. With no prejudice to the stipulations of Clauses 5.3. and 5.4 the Customer acknowledges and consents to grant STP the right to process de-personified data

(including all formats of anonymization) for statistical use, for improvement of its services and products or research purposes without limitation. In particular, whenever the Customer chooses the option of speech-recognition for the purpose of call recordings by marking the respective checkbox in the service menu, by default the data logging is activated. All data collected by data logging can be used by STP solely for training and improving its services and tools. STP does not use the personal data or any personally identifiable information contained in the collected data to target or advertise products or services. STP ensures anonymization of the said data on the stage preceding its use for training and development of the tools used in the STP Platform. By marking the respective checkbox in the menu of the call-recording with the option of speech- recognition, the Customer consents (and confirms allthe consents as may be required as stated in Clause 5.3.) with such restricted use of the data logging for improvement of

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STP’s speech-recognition tools, otherwise the Customer may at its own discretion to switch off the said option of the speech-recognition.

5.6. With no prejudice to mentioned above STP shall not disclose to any third party any confidential information referring to legal entities and to natural person

(with no prejudice to commitments as stated above for protection of natural persons) save the cases when: 1) such information is disclosed to itsofficers and employees or agents, or 2) such disclosure is required by law, or 3) the claim to the Customer has been legally assigned as permitted by the Agreement or 4) the information has been disclosed or made available in public domain or 5) such legal entity consented with such disclosure.

6. RESPONSIBILITIES AND OBLIGATIONS

6.1. STP commitments:

6.1.1. STP will make all reasonable efforts to maintain products suitable for Services.

6.1.2. STP shall notify the Customer as soon as reasonably practical, of any changes in rates payable, or modification to the Service offered.

6.1.3. STP shall provide the Customer with reasonable technical and sales support, which STP in its sole discretion shall consider necessary and appropriate.

6.1.4. STP may from time to time make changes to equipment and other Services. Such changes are at the sole discretion of STP and may be made without prior consent from the Customer.

6.1.5. STP shall inform the Customer about all new services and products offered by STP by placing the said information on the Website and sending by email to the Customer’s e-mail address unless the Customer used the option to opt-out from these notifications.

6.2. THE CUSTOMER’s commitments:

6.2.1. The Customer shall pay for the Services in accordance with the provisions set forth herein in Section 9.

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6.2.2. The Customer shall ensure that it has all necessary approvals, permissions or authorizations for the Services operated through STP including those offered to its/his/her clients, subscribers or audience (the “End-Users”).

The Customer shall be responsible for the content, quality and delivery of services offered the End-Users by the Customer and for ensuring that these services comply with the laws and this Agreement. If necessary, the Customer undertakes to provide all necessary documents to confirm the possibility to use the Services.

6.2.3. The Customer shall provide STP on request with information or materials regarding the services operated through STP, including those offered to its End-Users or agents upon and to the extent of any request made by STP.

6.2.4. The Customer shall ensure that Services provided are not used for any unlawful purpose whatsoever including the transmission or offering of any information or services which are unlawful, abusive, harmful, threatening, defamatory, or which in any way infringe copyright, intellectual property rights, trademarks, or which is pornographic, or any other material that may cause offense in any way.

6.2.5. The Customer shall hold STP harmless, all fines, claims or administrative expenses resulting charged by any other regulatory body, resulting from this Agreement.

6.2.6. The Customer specifically agrees to indemnify STP against allcosts and liabilitiesarising out of all claims which result from a breach, or an allegation of any breach of any of Customers' obligations set forth in this clause 6.2.

6.2.7. The Customer shall cooperate with STP in relation to any complaints, enquiries or investigations regarding services offered by the Customer. The

Customer shall, at the discretion of STP, without limitation bear in full any costs associated with such complaints, investigations, or enquiries or any action whether brought by STP or brought against STP.

6.2.8. The Customer shall ensure that any third party using its facilitiesshall be bound by the terms of this Agreement.

6.2.9. The Customer isresponsible for ensuring that no third party intellectual property right isinfringed for a particular service and willhold STP harmless against all costs and liabilitiesarising out of a breach or allegation of a breach

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of any such third party's intellectual property rights.

6.2.10. All notices, requests or other communications shall be in writing and addressed to STP by email. The Customer bears allresponsibility concerning the reception of STP mails and agrees to keep his email address updated at all time, and he willinform STP of any modification of his email address within 24 hours of the moment of modification.

7. ASSIGNMENT

7.1. The Customer shall not assign the rights and obligations of this Agreement to any other party without the express permission in writing of STP.

7.2. STP may assign the rights and obligation of this Agreement to a third party without the prior consent of the Customer.

8. PROVISION OF SERVICES AND WARRANTIES

8.1. STP will take steps to ensure its Services are reasonably fault free and uninterrupted. However, STP cannot provide a fault free Service generated by the

STP Platform. STP gives no warranty that its Services shall be continuous or will be free from faults.

8.2. STP gives no warranty or guarantee that the Services are satisfactory or suitable for the Customer's purposes. All warranties relating to the Services from

STP are excluded, even if implied by statute to extent such exclusion is allowed by the applicable regulation.

8.3. The parties acknowledge that no representations, warranties or statements made prior to concluding this Agreement form any part of a contract have induced either party into this Agreement.

8.4. The Customer acknowledges that: 8.4.1. The Services provided by STP were not designed for the Customer's individual requirements, and it is up to the Customer to decide if the

Services provided by STP are of satisfactory quality and fit for the purpose for which it isused.

8.4.2. STP isreliant on third parties for delivery of Services, and therefore STP can have no liabilityof whatever nature for any delay or fault to the delivery

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of the same.

9. RATES, PRICES AND PAYMENT

9.1. In its sole discretion, STP shall determine whether the Customer iseligible for a free trial subscription to its Services, which terms of the free trial are set forth at the Websites or https://apifonica. com. Free trials are limited to one per person, and having it found out that the Customer has created multiple free trial accounts, STP reserves the right to suspend those accounts and take actions to prevent additional violations.

9.2. If the Customer has subscribed to the fullversion of the Services, then the

Customer agrees to pay applicable fees (including any minimum subscription fees) as set at the Website https://apifonica. com subject to alteration with prior notification as specified in Clause 9.5.

9.3. The Service charges include:

9.3.1. The Recurring Fees (which may include without limitation subscription fees determined in respect of the provided Service package comprising the costs of sessions and other characters included into the respective Service package) charged in advance and based on the number of fullmonths in the order term, beginning from the date of the activation of the Service.

9.3.2. Fees based on usage extra Service packages (nominated in the Service package as extra rates e. g. rates for extra sessions, services, etc. and hereinafter referred to as the Extra Fees or the Usage Fees ) are charged upon provision of the Services ( e. g. extra minutes, extra services exceeding the characters determined in respect of the chosen Service package and not included in the package price).

9.4. The Customer is responsible for the fullmonthly payment of the Recurring

Fee when the Services are canceled within the monthly term.

9.5. STP reserves the right to modify prices for the Services during the period of this Agreement.

9.5.1. STP may decrease prices for the Services without any restriction,

9.5.2. STP may increase its prices in the following way: © SMARTTEL PLUS OÜ, 2023 14

9.5.2.1. The Extra Fees based on a variable prices as specified in Clause

9.3.2 shall be deem changed with immediate effect as updated in the pricelist associated with Customers' account on the Website.

9.5.2.2. STP may increase the Recurring Fees or otherwise alter the composition of the Services within the package (unless such alteration is clearly to Customer’s benefit) only upon notice to the Customer given through the Customer’s personal account or given to the Customer’s email address indicated in Customer’s Registration Form provided that the Customer will have 30 (thirty) days to reject the said alteration.

9.6. If the Customer does not reject such alteration as specified in Clause

9.5.2.2. within the mentioned 30-days period, itshall be deemed agreed and accepted by the Customer.

9.7. In case the Customer informs STP of his intention to reject the alteration as mentioned in Clause 9.5.2.2., STP has the right to terminate the Service.

9.8. The relevant Service package shall be deemed amended in accordance with a notice of the alteration.

9.9. STP shall charge and the Customer shall pay for the Services inaccordance with the provisions set forth herein.

9.10. The Customer shall transfer funds into its STP prepaid account to maintain a credit balance. STP shall not provide the Services if the Customer’s balance is negative and STP shall not be responsible for any interruption in Services caused by insufficiency of funds available at the Customer’s account unless a credit limit is agreed between the parties.

9.11. Payment may be made via bank card to STP's designated bank account. In respect of allpayments to STP the following terms shall apply:

9.12. STP accepts payments in Euro. A payment in any other currency will be converted by STP to Euro without notice to the Customer. Foreign exchange rates vary and are determined by financial institutions. With no prejudice to the © SMARTTEL PLUS OÜ, 2023 15

common rule above, STP accepts the payments in currencies other than Euro as and if itis specified in applicable prices and rates as may be offered by STP and accepted by the Customer (by making respective choice while commanding the

Services pursuant to the Agreement) and stated in respective STP’s invoice.

9.13. While paying by wire transfer all transaction charges are to be borne by the

Customer. STP will recognize only net amounts received. It is Customer's responsibility to determine ifany charges are being applied to the payment.

9.14. If the Customer credit balance is insufficient Services may be automatically suspended until further credit is applied. To avoid suspension of Services, the

Customer is advised to regularly check the status of its account and to have a valid credit card or alternative payment form updated on its STP account at alltimes.

9.15. All payments of fees for the use of STP Services will be pre-paid and are non-refundable. The Customer shall not be entitled to a reimbursement of any prepaid charges save the case of termination of the Agreement subject to absence of the STP’s reciprocal claims to the Customer and subject to availability of a positive Customer balance upon all deductions as may be allowed pursuant to the

Agreement. Nothing in this clause may construed as STP’s obligation to repay full or a part of the Recurring Fee charged in advance for the current month when respective termination has been initiated by the Customer.

9.16. Any interest earned by STP on credit balances in Customer's account will accrue to STP.

9.17. STP's records shall constitute prima facie evidence of the data contained in such records and shall prevail, absent manifest error, over Customer's records. The

Customer's call minutes shall be calculated according to CDR and Pricelist data logged by STP in the Customer's account.

9.18. STP shall provide the Customer with invoices and detailed reports regarding the Services and payments debited from its account. STP should be notified of all billing disputes via email to its designated email address support@apifonica. com within 15 days upon the date when the report is available. Ifthe Customer fails to deliver such notification it shall be deemed to have waived its rights to dispute the charges. STP and the Customer shall attempt in good faith to promptly resolve any objection to the invoiced amount.

Ifthe dispute issubsequently resolved infavor of the Customer, STP shall issue a credit to the Customer's account for the disputed amount.

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9.19. Unless otherwise stated, allamounts payable to STP under this Agreement are exclusive of any tax, except for taxes based on the net income of STP. If under the applicable law the Customer must deduct any taxes from STP receivables, the

payment amount will automatically be increased to the extent that STP final amount received is equal to the amount invoiced or otherwise due. The Customer will provide STP with the official statement by the tax authorities due to the obligation to pay any such taxes. The Customer shall also pay such taxes or provide STP with the official statement by the tax authorities evidencing exemption from such taxes.

With no prejudice to stipulations of Clause 9.19. and within its responsibility for correct invoicing, STP shall be entitled to determine a tax status of the Customer at its own discretion for the purpose of taxation (in respect of VAT and other regulation), provided that STP shall use the information and documents presented by the Customer and shall apply criteria recommended for such purposes by the

EU tax authorities in due and fair manner (IP-address, SIM-card zone (if applicable), location of fixed communication circuit, address for invoicing etc.). The

Customer shall fairly co-operate with STP and provide it timely with the evidencing and non- contradicting documents and information, otherwise itshall bear the risk of wrong qualification of the Customer as a taxable or non-taxable person. In event

STP shall apply VAT due absence of the Customer’s VAT Number eligible for EU charge-reverse mechanism or any similar alterations in the Customer’s VAT status, the invoice payable by the Customer shall include the VAT amount surplus to the amount of the invoice.

10. TECHNICAL SUPPORT

10.1. STP may without liability, prior warning or consent of the Customer, suspend the Service, in the event that it wishes to carry out maintenance, upgrade works, or back-ups. STP will take steps to keep any consequent disruption to the service to a reasonable minimum. The respective obligations such as availability Services, the propriety and the procedure in event of interruption of Services is stated in the Service Level Agreement placed in the Website.

10.2. In the event that the Customer becomes aware of any faults with the

Service, itshall notify STP as soon as is practicably possible.

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11. WARRANTIES

11.1 The Customer represents and warrants that he/she will not use the Website

(including its forums and comments sections), Services, STP Properties,

APIFONICA Mark, the Customer’s Application or content in a manner that violates the Acceptable Use.

11.2 The Customer represents and warrants: (i) that the Customer is solely

responsible for the development, operation, and maintenance of Customer’s

Application and for his/her content (the Content), including without limitation the accuracy, appropriateness and completeness of the content and all product- related materials and descriptions; (ii) that Customer has the necessary rights and licenses, consents, permissions, waivers and releases to use and display the

Customer’s Application and the Content; (iii) that neither the Customer’s

Application nor the Customer’s Content: (a) violates, misappropriates or infringes any rights of us or any third party, (b) constitutes defamation, invasion of privacy or publicity, or otherwise violates any rights of any third party, or (c) is designed for use in any illegal activity or promotes illegal activities, including, without limitation, in a manner that might be libelous or defamatory or otherwise malicious, illegalor harmful to any person or entity, or discriminatory (iv) to the extent to which the

Customer uses the APIFONICA Mark, that the Customer will conduct his/her business in a professional manner and in a way that reflects favorably on the goodwill and reputation of STP. The Customer confirms his/her responsibility for any charges incurred by virtue of his/her use of the Application, no matter whether the Application acted in error.

11.3 Any portability of the Customer in respect of the phone number (including any previously-provisioned direct inward toll-free numbers or vanity numbers) assigned to the Customer or ported in to the Customer’s account iscontingent to good standing of Customer’s account and provision by the Customer of appropriate supporting documentation in accordance with common industry standards for porting such number away from STP; provided, however upon elapsing of thirty

(30)-days period from the date of termination of the Agreement, STP is entitled to re-assign any of those numbers to other customers with no recourse for the Customer right to portability.

11.4 The Customer represents and warrants that without STP’s express written consent the Customer will not use, and will not authorize to any third party to use, any Public Software (as defined below) in connection with the Services in any manner that requires, pursuant to the license applicable to such Public Software, © SMARTTEL PLUS OÜ, 2023 18

that any STP Properties or Services be (a) disclosed or distributed in source code form, (b) made available free of charge to recipients, or (c) modifiable without restriction by recipients. With respect to any Feedback or Communications, the

Customer represents and warrants that such Feedback and Communications, in whole or in part, contributed by or through the Customer, (i) islegally distributable by the Customer, as either the copyright is own by the Customer or any copyright

terms associated with the software or content have fully complied by the

Customer, (ii) contains no third party software or any software that may be considered Public Software and (iii)does not violate, misappropriate or infringe any intellectual property rights of any third party. “Public Software” means any software, documentation or other material that contains, or is derived (in whole or in part) from, any software, documentation or other material that isdistributed as free software, open source software (e. g., Linux) or similar licensing or distribution models, including, but not limited to software, documentation or other material licensed or distributed under any of the following licenses or distribution models, or licenses or distribution models similar to any of the following: (i) GNU’s General

Public License (GPL), Lesser/Library GPL (LGPL), or Free Documentation License,

(ii) The Artistic License (e. g., PERL), (iii) the Mozilla Public License, (iv) the

Netscape Public License, (v) the Sun Community Source License (SCSL), (vi) the

Sun Industry Standards License (SISL), (vii)the BSD License and (viii)the Apache License.

12. LIMITATION OF LIABILITY

12.1. The STP Properties, the Services, materials and other data or information provided by STP or its licensors in connection therewith (collectively the “Service offerings”) are provided “as is.”STP makes no representations or warranties of any kind, whether express, implied, statutory or otherwise with respect to the service offerings. Except to the extent prohibited by applicable law, STP and its licensors disclaim all warranties, including, without limitation, any implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, noninfringement, quiet enjoyment, and any warranties arising out of any course of dealing or usage of trade. STP does not warrant that the Service offerings will function as described, will be uninterrupted or error free, or free of harmful components, or that the data the Customer stores within the Service offerings will be secure or not otherwise lost or damaged. NEITHER STP NOR ANY OF ITS

LICENSORS SHALL BE LIABLE TO THE CUSTOMER FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING,

BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER LOSSES IN CONNECTION WITH THIS AGREEMENT, INCLUDING, © SMARTTEL PLUS OÜ, 2023 19

WITHOUT LIMITATION, ANY SUCH DAMAGES RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICES; (ii)THE COST OF PROCUREMENT OF

SUBSTITUTE GOODS AND SERVICES; OR (iii)UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER’S CONTENT. IN ANY CASE, STP’S AGGREGATE

LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY THE CUSTOMER TO STP HEREUNDER FOR THE SERVICES

DURING THE PRECEDING TWELVE (12) MONTHS. THE EXCLUSION OR LIMITATION SHALL NOT BE APPLICABLE IN THE JURISDICTIONS WHERE THE EXCLUSION OF

CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES ARE NOT ALLOWED.

12.2. The Customer acknowledges that the Services shall be provided “on top” of the respective telecommunication services and that STP shall not be liable for its non-performance entailed by failures in provision of the basic telecommunication services or due to restrictions applied by the operators of the respective network infrastructure.

12.3. STP shall not be liable for any indirect, incidental, special or consequential damages or for interrupted communications, lost data, or loss of profit, or economic loss arising out of or in connection with this Agreement and in particular shall not be liablefor any delay inrectification of any such problem.

12.4. STP shall have no liabilityto the Customer in respect of any demand or claim where:

12.4.1. The demand or claim arises as a result of negligence or misconduct of the Customer's or other persons acting on the Customer’s side, or breach of this Agreement by the Customer.

12.4.2. Ifthe Customer does not immediately notify STP of any claim.

12.4.3. If the Customer does not give STP fullauthority to deal with the claim, or does not provide all information requested by STP and complete and proper co-operation for STP to defend the claim.

13. FORCE MAJEURE

13.1. STP shall not be liable for any interruption, delay or failure in Service resulting from any matter or event outside ofits control, to include, but not limited to any act of god, inclement weather, storm, flood, drought, lightning, fire, power failure, shortage of power, disturbance to power supplies, disconnection damage or © SMARTTEL PLUS OÜ, 2023 20

disturbance to telecommunications connections and cables, trade dispute, government action, embargoes, termination of or refusal to grant a license, damage to or loss of equipment or interruption, failure or delay in any service provided to us by any third party including governmental or regulatory authority or telecommunications operator, war, military operations, or riot.

13.2. STP will not accept any liabilityfor the consequences arising out of a force majeure event.

14. INDEMNITY

14.1. Without prejudice to any other indemnity referred to in this or any other

Agreement, the Customer agrees to indemnify STP and its parent, subsidiaries, affiliates, officers and employees against any claim or demand, including any made by a third party, arising out of the Customer's or End User's use of the

Service and allcosts relating thereto. The Customer agrees not to hold STP and its parent, subsidiaries, affiliates, officers and employees responsible for any direct or indirect damage resulting from the use of STP software or services, in particular, but not limited to; the use or impossibility to use the Service, confidence in information obtained, errors and omissions, defects, viruses, delay in transmission, interruption of service or loss of data.

14.2. The Customer agrees to indemnify STP, and its parent, subsidiaries, affiliates, officers and employees against any claim or demand, arising from any act of the Customer or third party including but not limited to:

14.2.1. A breach or allegation of breach of the conditions of this Agreement, any expressed or implied warranties under the Agreement .

14.2.2. Negligence, misconduct or any allegation of negligence or misconduct by the Customer or by any third party.

14.2.3. The marketing or promotion undertaken by or on behalf of the Customer.

14.2.4. The content provided or marketed by or on behalf of the Customer, and allcosts relating thereto.

14.2.5. Any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys fees), © SMARTTEL PLUS OÜ, 2023 21

arising out of or in connection with any claim arising out of above.

15. TERM & TERMINATION

15.1. Term. The Agreement will be effective as of the date of the Customer acceptance thereof, and will remain effective until terminated by either party as set forth in these Terms of Service.

15.2. Either party shall be entitled to terminate this Agreement by giving to the other not less than thirty (30) days notice of termination.

15.3. Consequences of Termination. Upon termination of the Agreement for any reason all licenses and rights to use the Services shall terminate and the

Customer willcease any and alluse of the Services.

15.4. STP may terminate this Agreement with immediate effect by giving notice at any time, if:

15.4.1. The Customer does not comply with the terms of this Agreement.

15.4.2. The Customer says, or appears to intend, that itwill not abide by the terms of this Agreement.

15.4.3. The Customer ceases trading, convenes a meeting of, or comes to an arrangement with itscreditors, has distress or other seizure levied over any of its assets or does not satisfy any demand for payment from any legal person.

15.4.4. Any step is taken to wind up or dissolve the Customer, a receiver, and/or manager or administrator appointed over any assets.

15.4.5. STP believes the Customer has allowed services to be used for any unlawful purpose or any use prohibited by this Agreement.

15.5. Either party may terminate this Agreement if:

15.5.1. Either party has committed a breach of the Agreement, and failsto remedy the breach within 30 days of notice requiring itto do so, and;

15.5.2. Either party takes any steps to wind up or dissolve, or a

© SMARTTEL PLUS OÜ, 2023 22

receiver and/or manager or administrator is appointed over any assets.

15.6. Survival. All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the Agreement, including without limitation, all of the Customer's representations, warranties and indemnification obligations.

16. MISCELLANEOUS

16.1. This Agreement represents the entire understanding between the two parties. No other prior arrangements, representations or understandings, orally or in writing shall have any validity.

16.2. STP may vary any provision in this Agreement, without prior consent from the Customer, ifsuch change isrequired because of regulatory, insurance, safety or statutory changes made after the Services are provided.

16.3. New versions of these Terms and Conditions: STP reserves the right to modify this Agreement at any time by providing such revised Agreement to the

Customer or by publishing the revised Agreement on the website. If the

Customer does not wish to accept this revised Agreement, he is entitled to terminate his account, in writing or by e-mail to support@apifonica. com, with effect from the date on which the revised Agreement would become effective.

The continued use of the Service by the Customer shall constitute his acceptance to be bound by the Terms and Conditions of the revised Agreement.

16.4. Changes to Services. STP reserves the right to modify the Service at any time, for example to conform to legal and regulatory obligations. If the Customer does not wish to accept these changes, it is entitled to terminate its account, in writing or by e-mail to support@apifonica. com , with effect from the date on which the change is effective.

16.5. Ownership. All DID numbers leased and registered to Customer's account by STP remain under STP's control, and may be reassigned upon termination of this Agreement.

16.6. Any error, omission or typographical error in any quotation, offer, sales information, invoice, or document supplied by STP shall be subject to correction on notice from STP and without liability.

© SMARTTEL PLUS OÜ, 2023 23

16.7. Any STP's rights and powers under this Agreement are not affected ifit fails to or chooses not to enforce any of them at any time. Ifany part of this

Agreement is not enforceable it willnot affect the remainder.

16.8. Applicable Law. The Agreement shall be governed by and construed in accordance with the Estonian Law, save the cases of application of the consumer’s protection regulation, when the applicable law may be determined in accordance with such regulation.

16.9. Competent Court. The Customer consents to the exclusive jurisdiction of the Estonian courts in all matters relating to the Agreement. In event of application of the consumer’s protection regulation, the competent court may be determined in accordance with such regulation at the consumer’s location.

16.10. Both parties agree that they have no joint venture, partnership, or agency relationship as a result of this Agreement. Neither party shall make any offer, guarantee, or warranty to any third party, in regard to the services, that purports to bind the other party.

Smart Tel Plus OÜ: Maakri str. 19/1-7k, 10145, Tallinn, Estonia, Website https://apifonica. com/ e-mail: support@apifonica. com

© SMARTTEL PLUS OÜ, 2023 24 ADDENDUM TO THE TERMS AND AGREEMENTS APIFONICA SERVICES

Data Processing Agreement

This “Data Processing Addendum” (the "Processing Agreement") is made as an addition to and an integral part of the "Terms & Agreements" agreed between

Smart Tel Plus OÜ, with itsregistered officeat Maakri str.19/1-7k, 10145, Tallinn,

Estonia and operating under the Apifonica trademark, hereinafter referred to as

"STP", and the Party identified in the associated Registration Form, hereinafter referred to as the "Customer". The "Customer" was required to provide the necessary identification, as specified in the Registration Form on the STP website https://apifonica. com (hereinafter referred to as the “Website”). This Processing

Agreement states the terms that apply when Personal Data from the European

Economic Area (the “Personal Data”) is processed by STP on behalf of the

Customer under the Terms and Agreements whilst the Personal Data is collected by the Customer in the processing of theiruse of the STP Platform, software and APIs to which the Customer has received access under the Terms and Agreements. The

Term of this Data Processing Agreement shall be equal to the validity term determined in accordance to Clause 15 of the Terms and Agreements unless ithas been terminated by the Customer earlier.

1. Application of the Processing Agreement, Regulations

1.1. The Processing Agreement shall apply only to the extent that the STP processes Personal Data originating from the EEA, on behalf of the Customer or

Customer Affiliateand under the Customer’s instruction as the controller of the said data. In other cases, when STP collect the Customer’s personal data at its own whether the data are provided by the Customer or collected otherwise, the processing is subject to STP Privacy Policy that in addition to imperative regulation states STP obligations as the controller of the Personal Data.

1.2. The Processing Agreement shall be construed and applied in accordance with Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (the © SMARTTEL PLUS OÜ, 2023 25

“GDPR”), all terms and definitions shall be construed according to the definitions stated in the GDPR, provided that other definitions shall be interpreted as set out in the Terms and Agreements.

1.3. The Processing Agreement shall not apply to processing of Personal Data collected by the STP as a controller and shall not prevent the STP from such collection as a controller and further processing of the collected Personal Data at itsown discretion.

2. Status and Purpose of Processing

2.1. The Customer, as a controller (the Controller), appoints STP as a Processor

(the Processor) to process the Personal Data that is the subject of the Agreement on the Customer's behalf.

2.2. The Processor may only process Personal Data in accordance with the

Controller’s documented instructions (including when making an international transfer of personal data) unless itis required to do otherwise by EU or member state law. An instruction can be documented by using any written form, including email. The Processor shall be released of any liabilityfor compliance with the

Controller’s instruction for processing of the Personal Data, with only exception that said instruction evidently and manifestly violates the EU and member state law, than the Processor is entitled to suspend the compliance of the said instruction by giving to the Controller a respective notice.

2.3. Except in cases where other processing is prescribed by a mandatory regulation, the Customer instructs STP to process the Personal Data for the purposes described in Annex A hereto.

2.4. Any additional processing required by the Customer outside of the scope of the Agreement will require a prior written agreement between the parties, including an agreement on any additional fees that the Customer may be required to pay.

2.5. In event when the Processor acts at itsown and outside of the controller’s instructions and at its own determines the purpose and means of processing, then itwill be considered to be a controller in respect of that processing and will have the same liabilityas the Controller.

3. Data Protection and Responsibilities

© SMARTTEL PLUS OÜ, 2023 26

3.1. STP guarantees that it shall treat all Personal Data as strictly confidential. STP shall ensure that all persons or parties, acting on its side

(employees, agents and other persons involved in the processing of Personal

Data) have signed and are bound by an adequate confidentiality agreement and/or are under any other binding obligation of confidentiality

3.2. The STP commits to ensure and maintain appropriate security measures in order to safeguard the security of the Personal Data, applying the best commercial practices available to preserve the confidentiality, integrity and accessibility of the Personal Data via administrative, technical and physical measures conforming to recognized industry standards and practices. The STP will implement appropriate technical and organizational measures in order to protect the Personal Data from accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access. The organizational measures shall include the STP’s commitment to the processing of Personal data only by their own personnel or the personnel of their official coprocessor, who isalso obliged to maintain confidentiality as a contractual or statutory duty.

3.3. The Customer, as the Controller, shall be responsible for ensuring that: they has complied, and will continue to comply, with the GDPR and other mandatory regulation in respect of data protection including, without limitation, the Customer’s commitment to ensure the valid legal basis for the collection and processing of the Personal Data; they observes and complies with Controller’s instructions issued to the STP to the extent where the said instruction does not contradict the GDPR or any other mandatory regulation; and they have, and will continue to have, the right to transfer, or provide access to, the Personal Data for the STP for processing in accordance with the terms of the Processing Agreement.

3.4. The Customer agrees that the STP may engage STP affiliates and independent co-processors (collectively, “co-processors”) included on the Co-processor listto process the Personal Data on STP's behalf. The STP shall ensure that the Co-processors process the Personal Data under the same terms and conditions as those set out in the Processing Agreement. The STP remains liable for any damage caused by a breach of the Processing Agreement by a co-processor.

3.5. The STP is entitled to alter the Co-processor listfrom time to time, placing the updated list and respective notice on their website, provided that if the

© SMARTTEL PLUS OÜ, 2023 27

Customer objects to the alteration, the Customer shall be entitled to notify the

STP who shall cause the processing to be terminated within 30 calendar days upon receipt of the Customer’s notice and if possible appoint a new co-processor.

The Customer shall not misuse the said right and shall only use it in the event where the involvement of a coprocessor implies a risk to the protection of the

Personal Data, at which time the Parties may negotiate the issue in good faith. If the Parties fail to achieve a mutual agreement on the issue of co-processing, the

Processing Agreement shall be deemed to have terminated and may affect the functionality of the STP Platform.

3.6. The STP shall cooperate with the Customer to enable them to respond to requests from a data subject seeking to exercise their rights under the GDPR, or other mandatory regulation. In the event of receipt of any direct inquiry the STP shall provide to such requesting person contact details of the Customer and inform the Customer of such inquiry or request.

3.7. The STP shall cooperate with the Customer when they need to verify their compliance with the GDPR, or other mandatory regulation, and to audit their technical and organizational measures provided that in any case, except in absolute emergencies, they be given 30 (thirty) days advance notice and provided that any verification works and actions related to the audit of such compliance shall be done within normal business hours and shall not interfere with the normal daily operations of the STP. The internal regulation of the STP, including confidentiality requirements, shall be observed within the process of carrying out said audit.

3.8. The STP shall notify the Customer of the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of or access to the

Personal Data without undue delay and in any case not later than 72 hours upon STP becomes aware of the incident The respective notice and information as the Customer may reasonably require to enable them to fulfillany data breach reporting obligations under the GDPR, or other mandatory regulation, in respect of Data Protection shall be provided by the STP to the known contacts of the Customer upon becoming aware of such Incidents and without undue delay.

3.9. All information, requests and notices concerning the Personal Data, the processing, security incidents shall be sent to the Controller’s Data Protection

Officer (DPO) to the email dpo@apifonica. com. Additional contacts of DPO may be placed on the Website and may be updated as appropriate. © SMARTTEL PLUS OÜ, 2023 28

Upon termination of the Processing Agreement, and upon the Customer’s written request, the STP shall delete or return to the Customer the Personal Data, unless the STP isrequired by any applicable mandatory regulation to retain the Personal

Data, or any part of it. With no prejudice to above, the Personal data shall be subject of erasure or full anonymization within 1 year of termination the

Processing Agreement or termination by the Customer to use the Services unless the earliest term is requested by the Customer. Nothing in this Section prevents

STP from retention of personal data required for billing purposes within a limitation period that shall not exceed 7 years.

4. Group Transfers and Sub-processors 4.1. The Data Processing shall be done in strict accordance with requirements of the GDPR by STP company, branch or subsidiary located in the EU (STP Group of Companies) provided that such processing excludes any transfer of the Personal Data outside of the EU.

4.2. When the performance under the Service contract concluded between

STP and the Customer specifically requires involvement of any subcontractor acting under the control and at STP's responsibility, STP

Contractor shall ensure that such subcontractor will act as a sub-processor under STP's control and within the Customer's general and specific instruction in respect of such data processing. STP shall ensure that any other processor it engages on STP's side (i. e. sub-processor) assumes the same data protection obligations as set out in the Agreement by a written contract, whenever it is practical or provides sufficient guarantees to implement appropriate technical and organizational measures in such a manner that the processing will meet the requirements under the GDPR.

4.3. STP Services are based on Google cloud-services provided subject to consent with publicly announced terms of the Data Processing which include all information regarding processing, protection and complaints/disputes procedures as published on the web-resources

Google https://cloud. google. com/terms/data-processing-addendum and related documents as may be updated by Google. By entering to the Agreement the Customer consents with processing of the entrusted personal data in Google cloud facilities and confirms that the

© SMARTTEL PLUS OÜ, 2023 29

guarantees, technical and organizational measures on the side of this cloud providers are sufficient for the purpose of the Agreement and

STP responsibility shall be limited to its assistance on the Customer side whenever itis practical and advisable in addition to direct rights of the subject of the personal data or the Customer acting through respective tools and mechanisms of such cloud services.

4.4. Optional functionality of Services available for activation at Customer’s discretion and the List of Sub-processors providing personal data processing for within the frames of the said functionality:

4.4.1. Customer may use the Platform “Speech Synthesis” service supported by the following sub-processors:

4.4.1.1. Amazon web services, “Amazon Polly” service. Location and region for processing of the service data isused in the territory of the European Union.

4.4.1.2. Microsoft Azure, “Azure AI Services Text to Speech” service. Location and region for processing of the service data isused in the territory of the European Union.

4.4.1.3. Google Cloud Platform, service “GCP Text-to-Speech”. Location and region for processing of the service data is used in the territory of the European Union.

4.4.2. Customer may use the the Platform “Speech Recognition” service supported by the following sub-processors:

4.4.2.1. Microsoft Azure, “Azure AI Services Speech To Text” service. Location and region for processing of the service data isused in the territory of the European Union.

4.4.2.2. Google Cloud Platform,“GCP Speech-to-Text” service. Location and region for processing of the service data is used in the territory of the European Union.

© SMARTTEL PLUS OÜ, 2023 30 ANNEX A. DETAILS OF THE PROCESSING

Categories of Data Subjects

Customers and End Users who use the Services, and any data subject who uses the

STP Services at the request of and in connection with the business of the Customer.

Type(s) of Personal Data Processed

The personal data transferred concerns the following categories ofdata for the data subjects:

1) Identification information for the Customer’s End User contact information

(names. address, telephone number (fixed and mobile), email address, fax number), employment information (job title). For example: the STP allows

Customers to fillthe names of their employees into the appropriate fieldsinto the Customer’s Apifonica Personal Account.

2) Identification information for anyone who uses STP Services at the request of and in connection with the business of the Customer (including name, telephone number (fixed and mobile) and email address). For example:

If the customer orders and requests to send short messages to End Users via the Apifonica services, the STP provides the Customer this service and to this end sends the information to the STP’s partners for the purpose of delivering the SMSs to the End Users.

3) Any other personal data that the Customer or users choose to include in the content of the communications that are sent and received using the STP Services.

For example: If the customer orders a call recording service with Apifonica, the

STP provides this service, but doesn’t control the information provided by the End User to the Customer via phone calls.

The personal data transferred to the STP for processing is determined and controlled by the Customer at their sole discretion. As such, the STP has no control over the volume and sensitivity of the personal data processed through its Services by the Customer or End Users.

© SMARTTEL PLUS OÜ, 2023 31

Special Data Categories

The STP does not intentionally process any special categories of data in the provision ofits Services.

Duration of Processing

The personal data will be processed for the term of the Use of Services, or as otherwise required by law or agreed between the parties.

© SMARTTEL PLUS OÜ, 2023