NXAI Group Terms of Service

Thank you for choosing NXCLOUD and NXLINK, services of the NXAI group. NXAI is a Singapore-headquartered communications cloud provider serving enterprise customers around the world, committed to delivering secure, compliant, and reliable communications infrastructure and solutions globally. These Terms of Service govern your registration, access, and use of the NXCLOUD and NXLINK Services and form a legally binding agreement between you and NXAI. Please read these Terms in full, including the product-specific terms in Part II and Part III that apply to the product(s) you use, before using the Services.

Note: This document consolidates the three previously separate documents — the NXAI Group Terms of Service, the NXCLOUD Terms of Service, and the NXLINK Terms of Service. Upon official publication, this document supersedes all three. It is organized into Part I (Group General Terms, applicable to all NXAI Services), Part II (NXCLOUD Product Terms), and Part III (NXLINK Product Terms). If Part II or Part III conflicts with Part I, Part II or Part III (as applicable) prevails with respect to that specific product; matters not addressed in Part I are governed by the applicable product terms.

Part I — Group General Terms

1. Introduction and Acceptance

These Terms of Service ("Terms") are a legally binding agreement between you and NXCLOUD ASIA PTE. LTD., GLORY COMMUNICATIONS PTE. LTD., NX COMMUNICATIONS PTE. LTD., GLORY TECHNOLOGY (H.K) GROUP LIMITED, NXCLOUD B.V., and CONG TY TNHH NXCLOUD COMMUNICATIONS (together, "NXAI", "we", "our", or "us") governing your use of the NXCLOUD and NXLINK platform services within the NXAI group (collectively, the "Services").

By clicking "I accept," downloading, or otherwise accessing or using the Services, you agree to be bound by these Terms. Our Services are only available to companies or other organisations that are legally registered under the laws of their domicile and have the capacity to perform their obligations under this Agreement.

The NXAI Group Privacy Policy forms an integral part of this Agreement. Nothing in these Terms constitutes your consent to any processing that requires separate consent under applicable law; such consent, where required, will be sought separately.

If you use the NXCLOUD product, Part I and Part II of these Terms apply to you. If you use the NXLINK product, Part I and Part III apply to you. If you use both products, the relevant Part applies separately to each product.

2. Definitions

"Customer" means the party entering into this Agreement with NXAI ("you").

"Customer Materials" means information, data and content provided by or on behalf of you to NXAI.

"End User" means a person authorized by you to use your end user services.

"End User Service" means the service you provide to your end users.

"Personal Data" has the meaning given in the NXAI Group Privacy Policy.

"Service(s)" means the NXCLOUD and/or NXLINK communications platform services, APIs, SDKs and related documentation provided by NXAI under this Agreement.

"Platform" means the NXCLOUD Platform and/or the NXLINK Platform, as applicable to the product you use.

"NXAI IP" means the Services, the software and the Platform, and any improvements, modifications or enhancements to or derivative works of the foregoing, and all intellectual property rights therein.

"Applicable Law" means then-current national, local or other law, rule, regulation, enforceable regulatory guidance, order, judgment, decree, or ruling in any jurisdiction in which you access and use the Services, including data protection and privacy regulations applicable to the Service and/or End User Service.

"Operator" means an electronic communications service provider, or provider of over the top communication services, that provides (wireless) messaging, voice and data communication and other related services to its customers, including NXAI, its subscribed end users and other Operators.

"Working Day" means Monday to Friday, excluding public holidays in the jurisdiction of the contracting NXAI entity.

Product-specific terms used in Part II or Part III (such as "NXCLOUD Platform" or "NXLINK Platform") are defined in the applicable Part.

3. Your General Rights and Obligations

You confirm that you are a legal entity or other organisation with full legal capacity to enter into this Agreement, and that your registration information is true, complete and kept up to date. You are responsible for the confidentiality of your account credentials and for all activity under your account. You will use the Services only for their intended purpose and in compliance with applicable law, and will not reverse engineer, resell, or use the Services for competitive benchmarking against NXAI. Specific rules on account registration, security and cancellation are set out in Part II or Part III, as applicable to the product you use.

4. NXAI's General Rights and Obligations

NXAI may modify, upgrade or adjust the Platform and its specifications from time to time; published specifications become part of this Agreement. NXAI may inspect and monitor use of the Services to prevent fraud, security threats and illegal activity, and may suspend or terminate the Services in the circumstances set out in this Agreement.

5. Fees and Payment — General Principles

You agree to pay the fees set out in the applicable order form or invoice, together with applicable taxes. Fees, once paid, are non-refundable except as otherwise expressly agreed. NXAI may suspend the Services if fees remain unpaid. Specific rules on billing methods, tax exemptions and pre-paid top-ups are set out in Part II or Part III, as applicable.

6. Confidentiality

"Confidential Information" means any information that one Party (the "Disclosing Party") provides to the other Party (the "Receiving Party") in connection with the Agreement, whether orally or in writing, that is designated as confidential or that reasonably should be considered confidential. The Services will be deemed Confidential Information of NXAI. Confidential Information excludes information that: (i) is or becomes publicly known other than through breach of this Agreement; (ii) was rightfully known by the Receiving Party prior to disclosure; (iii) is rightfully acquired from a third party without breach of confidentiality; or (iv) is independently developed without use of the Disclosing Party's Confidential Information.

The Receiving Party will maintain the Disclosing Party's Confidential Information in strict confidence and will not use it except as necessary to perform its obligations, disclosing only to personnel with a bona fide need to know who are bound by at least equally protective confidentiality obligations, or as required by a court, administrative agency, stock market or governmental body (with reasonable notice to allow the Disclosing Party to seek a protective order).

Each Party's obligations regarding Confidential Information are effective as of the Effective Date and expire three (3) years after termination of the Agreement, except for trade secrets, which remain protected for as long as they qualify as such under Applicable Law. These Terms constitute Confidential Information of each Party, but may be disclosed on a confidential basis to a Party's advisors, attorneys, actual or bona fide potential acquirers, investors or other sources of funding for due diligence purposes.

Product-specific provisions relating to marketing and use of customer identity are set out in Part II or Part III, as applicable.

7. Intellectual Property Rights

NXAI or its licensors own all intellectual property rights in the Services and the Platform, including works, images, archives, information, materials, website structure, arrangement and page design. No one may use, modify, reproduce, publicly display, alter, distribute, or publicly perform the Platform's programs or content without written permission. Nothing in this Agreement transfers ownership of NXAI IP to you.

Intellectual property in applications you independently develop using the Services belongs to you; you grant NXAI and its affiliates a free, perpetual, irrevocable, non-exclusive, transferable and assignable licence to use, access and demonstrate the products you develop on NXAI's application development platform worldwide, unaffected by termination of the parties' cooperation.

Systems, codes, data, and trademarks involved in project cooperation under this Agreement are the property of both parties in accordance with the law. Neither party shall use, modify, copy, publicly disclose or distribute such systems, codes, data or trademarks without the other's written consent, failing which the rights holder may terminate this Agreement immediately and claim compensation for all losses (including investigation, notarisation and legal fees). You may not reverse engineer, disassemble, decompile, translate, modify, copy or create derivative works based on the NXAI Platform's technical interfaces, source code, or algorithms without express permission.

You may not use trademarks, names, or logos related to NXCLOUD or NXLINK without NXAI's consent.

8. Security and Certifications

NXAI maintains technical and organizational measures designed to protect the Services and Customer Materials, including encryption in transit, access controls, and multi-factor authentication for systems handling customer data. NXAI holds ISO/IEC 27001 (Information Security Management), ISO/IEC 27701 (Privacy Information Management), and ISO 9001 (Quality Management) certifications, each subject to periodic independent audit and recertification.

9. Trade Compliance, Export Control and Sanctions

Each party warrants that it will comply with all applicable anti-corruption, anti-money-laundering, economic and trade sanctions, export control and other international trade laws, regulations and governmental orders (including those formulated and implemented by the United Nations Security Council, China, the United States and other applicable countries), and represents that it (and its End Users) are not on any government sanctions or restricted-party list. You undertake not to use the Services for purposes prohibited by applicable export control laws, and not to provide controlled technology, software or services to sanctioned or designated individuals or entities through the Services without the requisite authorization. If you (or your End Users) are placed on a sanctions list, you will immediately cease using the Services, or terminate that End User's access, as applicable.

10. Messaging Compliance and Anti-Spam

You undertake that, before sending SMS, voice, WhatsApp messages or other communications to End Users through the Services, you will obtain any consent from End Users required under applicable anti-spam, telemarketing and electronic marketing laws in the End User's jurisdiction (including, without limitation, the Do Not Call provisions under Singapore's Personal Data Protection Act, EU/UK e-privacy regulations, and the U.S. Telephone Consumer Protection Act (TCPA) and similar laws in other jurisdictions), and will provide End Users with a convenient opt-out or unsubscribe mechanism. You are solely responsible for, and will indemnify NXAI in accordance with this Agreement against, any claims, penalties or losses arising from your failure to comply with this Section. NXAI may suspend or restrict your use of the relevant messaging features where it reasonably suspects a breach of this Section.

If you send WhatsApp Business messages through the Services, you must also comply with Meta's then-current WhatsApp Business Terms and related commercial policies. As the technical service provider, NXAI may flow down the relevant obligations under those terms to you as required by Meta, and your continued use of the Services constitutes acceptance of such flow-down terms.

Where applicable law or a telecommunications regulator requires registration, filing or certification of sender numbers, short codes or sender IDs (including, without limitation, regional sender registration regimes such as 10DLC), you must complete and keep current the applicable registration, filing or certification. NXAI is not liable for message blocking, delay or service interruption resulting from your failure to complete or timely update the foregoing.

11. Liability Cap

Except as otherwise set out in Part II or Part III, each party's total liability arising out of or in connection with this Agreement shall not exceed the fees paid in the six (6) months prior to the event giving rise to the liability. The specific triggers for indemnification, disclaimers, and limitations of liability are set out in Part II or Part III, as applicable to the product you use.

12. Force Majeure

Neither party is liable for failure or delay in performance due to events beyond its reasonable control, including natural disasters, war, government action, disruption of telecommunications infrastructure, hacking, network congestion, technical adjustments by telecommunications authorities, or government control. If such an event persists for more than 15 calendar days, either party may terminate this Agreement by written notice.

13. General

13.1 Independent Contractors. The relationship of the parties is that of independent contractors; neither party may bind or direct the other's day-to-day activities.

13.2 Non-Assignability and Binding Effect. Neither party may assign or transfer its rights or obligations without the other's prior written consent, except that NXAI may freely assign or transfer these Terms without your consent in connection with a merger, acquisition, sale of assets or corporate reorganization. NXAI may also transfer all or part of its rights and obligations under these Terms to an NXAI group affiliate for business operation purposes, subject to 30 Working Days' prior written notice to you.

13.3 Consent to Electronic Communications. By using the Services, you consent to receiving certain electronic communications from us as further described in the NXAI Group Privacy Policy.

13.4 Waiver and Severability. A waiver of any breach does not waive any other breach. If any part of these Terms is unenforceable, the remaining portions remain in full force and effect.

13.5 No Third-Party Beneficiaries. These Terms are not intended to confer benefits on any third party except as expressly stated. End Users are not third-party beneficiaries to these Terms.

13.6 Language and Precedence. These Terms are made in Chinese and English. Except where Part II or Part III expressly provide otherwise for a specific product, in case of any discrepancy between the Chinese and English versions, the English version shall prevail.

13.7 Notice. Any notice required or permitted under these Terms will be effective if in writing and sent by certified or registered mail, or insured courier, return receipt requested, to NXAI's registered address or your address on file with us, with postage affixed. Notices, communications or disclosures sent electronically by NXAI shall be deemed valid and binding under these Terms.

13.8 Governing Law and Dispute Resolution. This Agreement, and any dispute or claim arising out of or in connection with it (including non-contractual disputes or claims), is governed by the laws of Singapore. Disputes shall first be resolved through good-faith negotiation; if unresolved within thirty (30) calendar days, either party may refer the dispute to arbitration administered by the Singapore International Arbitration Centre (SIAC), seated in Singapore, conducted in English, with the award final and binding.

14. Amendments

NXAI may amend this Agreement (including Part II and Part III) from time to time by posting an updated version. Material changes take effect no earlier than 30 calendar days after posting; updates relating only to product or feature functionality take effect immediately upon posting. Continued use of the Services after that date constitutes acceptance of the amended Agreement. Amended terms are not applied retroactively.

15. Contact Us

If you have any questions, comments or suggestions regarding this Agreement, please contact us at compliance@nxai.com or +65-31292899. We will respond to your request within 15 days.

Part II — NXCLOUD Product Terms

This Part supplements and elaborates on Part I with respect to the NXCLOUD product. In this Part, "NXCLOUD" and "we" refer to the applicable NXAI group entity operating the NXCLOUD product; "Platform" means the NXCLOUD Platform. If this Part conflicts with Part I, this Part prevails with respect to the NXCLOUD product.

2.1 Additional Scope Provisions

• Any general (purchasing) terms you use, or other terms and conditions outside this Agreement, are hereby expressly excluded.
• The parties agree that electronic signatures have the same legal validity and enforceability as manually executed signatures to the fullest extent permitted by law.
• Applicable law applies to the End User Services you offer to your End Users in the country where the End User Service is delivered. You shall familiarize yourself with such applicable law (including obtaining independent legal advice if necessary). NXCLOUD makes no warranties and assumes no liability in this regard.

2.2 Registration and Account

By completing the registration process or by actually using the Service, you confirm that you are a legal entity or other organisation with full legal capacity to act in accordance with civil law. If you register on behalf of a company or other legal entity, you represent and warrant that you have the right to bind such company or legal entity to these Terms.

You shall provide the registration information required by the Platform and ensure it is true and valid; any change to such information must be updated within one Working Day. The account name, logo, profile and other information you register must not contain illegal or unfavourable information, impersonate any other person, or mislead other users.

Ownership of the registered account is vested in NXCLOUD; upon registration, you receive only the right to use the account. NXCLOUD will verify your identity using your account and password; you are responsible for the confidentiality of your account and password and are solely responsible for all activity under them. If you do not access your account for more than 6 consecutive months, NXCLOUD has the right to recover the account for website optimisation management purposes.

2.3 Admission and Access to Services

You shall register with NXCLOUD and submit the relevant materials required by the Platform to complete the developer approval process; upon successful admission, the account will be opened automatically. You shall select and apply for the appropriate API Call Authorisation and confirm the applicable Terms of Service; once authorised, you may log in to the Administration Console to perform service management and other operations.

2.4 Number Resources and Number Porting

All rights in and to any phone numbers, short codes, extension codes or sender IDs provided or assigned to you by NXCLOUD (collectively, "Number Resources") remain vested in NXCLOUD or its upstream suppliers; you receive only a right to use such Number Resources during the term of the Services and acquire no ownership interest in them. Where a specific Service supports number porting, you must follow the procedures published by NXCLOUD and comply with any conditions and timelines imposed by the losing/gaining carrier and the relevant telecommunications regulator.

Upon termination or expiry of this Agreement, NXCLOUD has the right to reclaim, deactivate or reassign any Number Resources allocated to you, and has no obligation to retain or transfer them to you, unless otherwise required by mandatory law or separately agreed in writing. You are responsible for ensuring that your use of Number Resources complies with all applicable laws and regulatory requirements in the country of use (including, without limitation, real-name registration and restricted number-range rules); NXCLOUD is not liable for suspension, freezing or reclamation of Number Resources resulting from your failure to comply with the foregoing. NXCLOUD does not warrant the continued availability of any specific Number Resource and will give you reasonable advance notice where a Number Resource must be replaced or reassigned for regulatory or operational reasons.

2.5 Specifications for Use

You will only use the Services for their intended and normal purpose. You may not: (i) reverse engineer or otherwise attempt to gain unauthorised access to any component of the Service; (ii) resell the Service or use it for any purpose other than as agreed; (iii) interfere with or disrupt the integrity or performance of the Service; (iv) collect any data from the Service except via features expressly provided for that purpose; or (v) use the Service or NXCLOUD Confidential Information for benchmarking or competitive analysis, or to develop, market, license or sell any competing product, service or technology.

You will take effective measures to prevent hacking, password theft, illegal page requests and other actions that endanger information security, and will properly safeguard the interface and account password of the Service. You are legally responsible for your own actions in using the Platform Services and for the rights and obligations between you and your customers; you shall independently develop and operate the application results of the Platform Services, and NXCLOUD is not involved in the operation of your application. You agree to indemnify and hold harmless NXCLOUD and its affiliates and partners from third-party claims arising from your violation of this Agreement.

You may not sell, exchange, lend, sublet or sublicense the Services, interfaces or data under this Agreement, in whole or in part, to any third party without permission.

2.6 Account Security, Fraud and Unauthorized Use

You are solely responsible for safeguarding your account, password, API keys and other access credentials, and for implementing reasonable security measures (including, without limitation, regularly rotating keys, restricting the scope of key access, and avoiding embedding keys in publicly accessible client-side code). You are solely responsible for all call charges, messaging charges, communication charges or other fees and consequences resulting from the loss, theft or unauthorized use of your account or access credentials, except to the extent caused by NXCLOUD's gross negligence or willful misconduct.

If you discover or reasonably suspect unauthorized use of your account or access credentials, you must notify NXCLOUD immediately. NXCLOUD may (but is not obliged to) suspend the affected account or feature upon receiving such notice to prevent further loss. NXCLOUD may implement fraud detection, anomalous-traffic monitoring and other risk-control measures, and may withhold, delay or block requests where it reasonably suspects fraud or abuse, without liability to you.

2.7 Trial Accounts, Rate Limits and Fair Use

NXCLOUD may from time to time offer free trial credits, test accounts or a sandbox environment (collectively, "Trial Resources"). Trial Resources are for evaluation and testing purposes only and must not be used in a production environment; they are provided "AS IS" and are not subject to any service level commitment under this Agreement or any Sales Order. NXCLOUD may limit the scope, features or duration of Trial Resources and may reclaim unused trial credits upon expiry of the trial period or upon detecting abuse.

For paid accounts, NXCLOUD may impose reasonable rate limits, concurrency limits or fair-use thresholds on API calls to protect the stability of the Platform; you must not circumvent such limits by any means. Where your actual usage is disproportionate to the fees paid, or an abnormal traffic pattern is detected, NXCLOUD may require further verification from you and may, where necessary, suspend processing of the abnormal traffic.

2.8 NXCLOUD's Rights and Obligations

NXCLOUD has the right to modify and upgrade the Platform and to formulate and modify Platform and Service specifications; published specifications become part of this Agreement. NXCLOUD has the right to inspect and monitor your use of the Services to prevent, detect and investigate fraud, security threats and illegal activities, and reserves the right to suspend or terminate the Services at its sole discretion. NXCLOUD may change some or all functions of the Services where necessary; if this may cause interruption of daily services, NXCLOUD will notify you and complete repairs of basic functions as soon as possible. Your application and business must not cause actual or potential harm or a conflict of interest to NXCLOUD and its affiliates, failing which NXCLOUD may immediately terminate the Services and pursue your corresponding liability.

2.9 Fees and Payment

You agree to pay the fees set out in the applicable invoice. All fees are exclusive of applicable taxes, which you must pay (excluding taxes based on NXCLOUD's net income, property, or employees). If you are exempt from certain taxes, you must provide valid exemption certification to billing@nxai.com. If you add funds by credit card, you are responsible for ensuring such funds cover the fees due; if your account has insufficient funds or a credit card charge is declined, NXCLOUD may suspend Services until fees are paid in full, and you are prohibited from creating new accounts until then. Any company in the NXAI group has the right to collect your payment.

2.10 Use of Customer Identity

You grant NXCLOUD the right to use your name, trademark(s) and company logo in NXCLOUD's marketing, sales, financial and public relations materials to identify you as a customer. Subject to NXCLOUD's prior written consent, NXCLOUD grants you the right to use NXCLOUD's name and logo solely to identify NXCLOUD as a provider of services to you. Neither party shall otherwise use the other's name, trademarks, logos, URLs or specifications without prior written consent.

2.11 Indemnification and Disclaimer

By Customer. Customer acknowledges that access to the internet, telecommunication networks and other communication media is subject to uncertainties. NXCLOUD does not warrant that the Services are or will be completely error-free or uninterrupted, and shall not be liable for stoppages or interruptions due to circumstances beyond its control. Customer agrees to defend, indemnify, and hold harmless NXCLOUD from Losses arising from third-party claims relating to: (i) Customer's unauthorized use of the Services, including violations of applicable law; (ii) claims relating to Customer Data; or (iii) gross negligence, fraud or willful misconduct of Customer.

By NXCLOUD. NXCLOUD agrees to defend, indemnify and hold harmless Customer against Losses arising from third-party claims relating to: (i) infringement of third-party Intellectual Property Rights due to Customer's authorized use of the Services (other than Customer Data); or (ii) gross negligence, fraud or willful misconduct of NXCLOUD. NXCLOUD has no liability for Losses arising from combination of the Services with non-NXCLOUD hardware, software or services. If the Services are held to infringe, or NXCLOUD believes they are likely to be held to infringe, a third party's Intellectual Property Rights, NXCLOUD may, at its own expense and sole discretion: (a) procure for Customer the right to continue using the Services; (b) modify or replace the Services so that they no longer infringe, without materially degrading their performance; or (c) if neither (a) nor (b) is commercially reasonable, terminate the affected Services and refund Customer any prepaid fees for the unused portion of the affected Services, as Customer's sole and exclusive remedy for such infringement.

Disclaimer of Warranties. Except as specifically set forth in this Agreement, Sales Order, or applicable Service Level Agreement, to the maximum extent permitted by applicable law, the Services are provided "AS IS" and "AS AVAILABLE," without warranty of any kind, express or implied, including implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Except as otherwise agreed in a signed Business Associate Agreement, NXCLOUD makes no representation that the Services will comply with HIPAA.

2.12 Contact Us

If you have any questions about the NXCLOUD product terms, please contact us at compliance@nxai.com or +65-31292899. We will respond within 15 days.

Part III — NXLINK Product Terms

This Part supplements and elaborates on Part I with respect to the NXLINK product. In this Part, "NXLINK Platform", "Platform" and "we" refer to the applicable NXAI group entity operating the NXLINK product. If this Part conflicts with Part I, this Part prevails with respect to the NXLINK product.

3.1 General Provisions

NXLINK Platform Services refer to the SaaS software platform provided by us for internet partners mainly engaging in transnational business activities, to help partners reach their customers. Service-specific rules, technical specifications and operation documents are as displayed on the official website of the Platform. NXLINK Platform is a neutral technical service provider; you operate and assume full responsibility for your own website, applications, software, platform, products, services and related content. Both parties guarantee that they have obtained the legal operation qualifications or government approvals required by the relevant State, and undertake to maintain such qualifications throughout the term of this Agreement.

3.2 Registration, Account Security and Real-Name Authentication

You confirm that, when completing registration or actually using the Service, you are a natural person, legal person or other organisation with full capacity for civil rights and corresponding civil conduct, and are at least 18 years of age. If you register on behalf of a company or other legal entity, you represent and warrant that you have the right to bind such company or legal entity to this Agreement.

You shall submit registration information as required by the Platform and ensure it is true and valid; changes must be updated within one Working Day. To ensure the security of your account and transactions, the NXLINK Platform has the right to require you to complete real-name authentication at any time, and may require additional identity materials for certain products or services.

You are responsible for the confidentiality of your account and password and are solely responsible for all activities conducted with them; you shall immediately notify the Platform of any unauthorized use of your account. Based on operational and transaction security needs, the NXLINK Platform has the right to temporarily suspend or restrict some or all fund payment functions under your account. The NXLINK Platform has the right to inquire, freeze or deduct your personal data, funds, transactions and accounts in accordance with the requirements of national judicial, administrative, military and security authorities.

If you have not accessed the website for 12 consecutive months and there is no unexpired service under your account, the NXLINK Platform has the right to cancel your login. If you commit fraud, sell counterfeit goods, infringe others' rights, or seriously violate Platform rules, the Platform has the right to disclose the same and cancel your login name.

3.3 Seat Licensing and Account Use

Access to the NXLINK Platform is licensed to you on a per-seat or concurrent-user basis as specified in the applicable Sales Order. Each seat or licensed account may be used by only one designated individual at a time; sharing a single set of login credentials across multiple individuals is prohibited.

You must accurately report to the NXLINK Platform the number of seats actually in use and promptly notify the NXLINK Platform of any change. The NXLINK Platform may audit your seat usage; if your actual seat usage exceeds the quantity purchased, the NXLINK Platform may charge separately for the excess or require you to true up the difference. Certain features may be limited to specific seat tiers or license types, as described in the applicable product documentation or Sales Order.

3.4 Specifications for Use

You are legally responsible for your own actions and for the rights and obligations between you and your customers, and agree to indemnify the NXLINK Platform and its affiliates and partners against third-party claims arising from your violation of this Agreement. The NXLINK Platform may unilaterally adjust or revise Platform rules at any time according to its own operational needs or legal requirements, and will notify you by telephone, SMS, email, in-site message, website announcement or other means; your continued use of the Services constitutes acceptance of the adjusted rules.

You may not use the Platform or Services to produce, reproduce, publish or disseminate content that interferes with normal network operation, infringes the rights of other users or third parties, or violates applicable laws or public order. You are responsible for all conduct under your account, including any content you post and its consequences.

The NXLINK Platform will make commercially reasonable efforts to secure your data storage, but does not fully guarantee this: the NXLINK Platform is not responsible for deletion or storage failure of data; the NXLINK Platform has the right to determine, at its discretion, the maximum storage period for a single user's data; if you cease to use the Platform or Services are terminated, the NXLINK Platform may permanently delete your data and is not obligated to return it. If your account is found to involve fraud, false registration or other abnormal circumstances, the NXLINK Platform has the right to re-verify your account and take measures such as rectification, restriction of functions, suspension, or closure of the account; where illegal or criminal clues are discovered, the NXLINK Platform has the right to refer the case to the competent authorities in accordance with law.

3.5 Service Support and Third-Party Products

The NXLINK Platform provides after-sales service and takes basic security protection measures for its systems in accordance with law; if your security requirements are higher than this basic standard, you may purchase and configure higher-level protection at your own cost. To provide effective services, the NXLINK Platform will utilize resources such as the processor and bandwidth of your terminal; you are responsible for related data traffic charges from your operator.

If you obtain and use any third-party product or service through the NXLINK Platform, you shall assess on your own whether it meets your requirements; disputes arising from your use of third-party products or services shall be settled by you and the third party.

3.6 Fee-Based Services

The NXLINK Platform will provide free or fee-based services based on business needs, and has the right to formulate charging standards and methods. If you choose to use a fee-based service, you will be charged; if you decline to pay, the Platform has the right to stop providing that service to you. The NXLINK Platform has the right to adjust the Services, and you agree to use the Platform in accordance with the adjusted content without requiring it to assume any responsibility.

3.7 Rights and Obligations of the NXLINK Platform

The NXLINK Platform has the right to conduct a formal review of information and content you submit, but this does not create any obligation to confirm or guarantee the authenticity or legality of such content. If the NXLINK Platform discovers that you may have violated relevant laws or this Agreement, it has the right to unilaterally take one or more measures, including requiring you to delete or modify content, restricting or suspending Services, terminating Services and this Agreement, and pursuing other liability; fees paid in advance by you will be treated as liquidated damages upon termination for your breach. The NXLINK Platform has the right to transfer all or part of its rights and obligations under this Agreement to its affiliates for business operation purposes, subject to 30 Working Days' prior written notice to you.

3.8 Customer Data

You guarantee that you will not, in any way, infringe the legitimate rights and interests of any individual or entity in respect of data that you collect, store, upload, analyze, distribute or otherwise process using the NXLINK Platform Service, and that such processing complies with applicable laws and regulations. You are entitled to upload, analyze, delete and change such data using the NXLINK Platform Services, and shall handle deletion and change of data prudently and bear the resulting consequences. Unless otherwise required by law, the Platform will not access or use your data without your consent. You shall back up your data on your own; the NXLINK Platform will only provide data backup services as required by applicable law or the service rules.

3.9 Call Recording Compliance

The NXLINK Platform provides call and interaction recording as an optional feature. Whether, when and how to enable this feature is entirely your decision and responsibility; before recording, you must obtain any consent required under applicable law (including, without limitation, one-party or all-party consent rules for call recording, the EU/UK General Data Protection Regulation, and similar laws in your jurisdiction) and give counterparties any notice required by applicable law (such as a "this call may be recorded" disclosure).

As a neutral technical provider of this recording feature, the NXLINK Platform has no liability for your failure to obtain the necessary consents or to comply with recording-related laws in your jurisdiction.

3.10 Data Storage Location and Emergency Calling Disclaimer

Unless a Sales Order or Data Processing Agreement specifies a particular storage region, your Customer Data (including call recordings and interaction records) may be stored and processed in NXAI Group's global data centers as described in the NXAI Group Privacy Policy. Where a specific storage region is required by law or contract, you may request the applicable regional deployment option from the NXLINK Platform, subject to availability and any additional fees to be agreed at that time.

The Services are not designed, intended, or authorized for use in placing calls to emergency services (such as 110/119/120/911/112) and do not constitute a substitute for such emergency calling channels. The NXLINK Platform makes no warranty regarding, and disclaims all liability for, the ability to complete emergency calls, the accuracy of any location information, or the availability of the Services in an emergency.

3.11 Use of Customer Identity

You grant the NXLINK Platform the right to use your name, trademark(s) and company logo in the NXLINK Platform's marketing, sales, financial and public relations materials to identify you as a customer. Subject to the NXLINK Platform's prior written consent, the NXLINK Platform grants you the right to use its name and logo solely to identify the NXLINK Platform as a provider of services to you. Neither party shall otherwise use the other's name, trademarks, logos, URLs or specifications without prior written consent.

3.12 Additional Confidentiality Provisions

In addition to the confidentiality obligations set out in Part I, Section 6, both parties are also responsible for maintaining the confidentiality of the specific contents of this Agreement; communications and documents exchanged for the purpose of performing this Agreement shall be properly kept and not used for any purpose detrimental to the other party's business, and neither party shall make public statements disparaging the other.

3.13 AI Features and Automated Output Disclaimer

The Services may incorporate features powered by artificial intelligence or machine learning technologies (collectively, "AI Features") that assist with content analysis, performance evaluation, summarization, or the generation of suggested output, for efficiency purposes. AI Features are designed solely to assist human processing and do not constitute automated decision-making; they do not, without human involvement, make decisions that produce legal effects or similarly significant effects concerning you or end users. AI Features are provided for reference and efficiency purposes only, and their output may contain errors, omissions or bias.

You acknowledge and agree that output generated by AI Features does not constitute professional advice, and must be independently reviewed and verified by your personnel before being relied on for any customer-facing decision, compliance determination, disciplinary action, or other decision with material consequences. The NXLINK Platform has no liability for losses arising from your reliance on AI Feature output without independent human review. The NXLINK Platform may improve, modify or discontinue any AI Feature at any time.

3.14 Disclaimer and Limitation of Liability

You fully understand that communication channels using the NXLINK Platform involve the internet and telecommunications operator networks and may be affected by unstable factors. The NXLINK Platform shall not be liable for interruption, delay or suspension caused by power failure, billing system failure, transmission or communication line failure, maintenance and upgrade, computer error or virus, hacking, information damage, data loss or other reasons beyond its reasonable control; nor shall it be liable for service interruption caused by force majeure, hacking or computer virus attacks, damage to computer systems, government-mandated suspension or termination, or other causes not attributable to NXLINK's fault.

Under no circumstances shall the NXLINK Platform be liable for any indirect, consequential, incidental, punitive or special damages arising from use of the Platform's Services, including loss of profits. In any event, the total liability (whether in contract, tort or otherwise) assumed by the NXLINK Platform under this Agreement shall not exceed the total fees paid to the NXLINK Platform in the six months prior to the event giving rise to the loss (excluding cash vouchers and pre-paid but unused fees). Where this Section conflicts with Part I, Section 11, or other agreements or Platform rules, this Section prevails with respect to the NXLINK product.

3.15 Notice and Service

Unless otherwise agreed, you shall send notices to the Platform via the contact information published on the official NXLINK Platform website. Notices sent by the Platform to you shall be deemed served: upon signature, for delivery to a specific recipient; upon announcement, for web page notices; upon successful transmission, for electronic notices; and on the 3rd calendar day after dispatch, for notices sent by courier or registered mail (or the first Working Day thereafter, if that day is a public holiday).

3.16 Liability for Breach of Contract

Failure by either party to perform any provision of this Agreement shall be deemed a breach, and the breaching party shall bear liability accordingly. The non-breaching party may, by written notice, require the breaching party to stop the breach and remedy its effects within a specified time limit, failing which the non-breaching party may terminate this Agreement immediately. If any third party suffers loss and brings a dispute arising from your breach of this Agreement, and NXLINK is found liable as a result, you shall fully compensate NXLINK for the loss suffered and expenses advanced.

3.17 Contact Us

If you have any questions about the NXLINK product terms, please contact us at compliance@nxai.com or +65-31292899. We will respond within 15 days.