CellTrust | Terms of Use

ATTENTION: PLEASE READ THESE TERMS CAREFULLY BEFORE USING THIS WEBSITE AND RELATED WEB PAGES, SOFTWARE, APPLICATIONS, AND OTHER SERVICES. USING THESE SERVICES INDICATES THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THESE SERVICES.

Use of Site.
CellTrust® Corporation (“CellTrust®”) authorizes you to view and/or use the materials at this Website and other CellTrust Websites that are linked to this site or affiliated with this site (collectively, the “Site”), under the condition that all the information, programs, processes, methodologies, communications, software, scripting, photos, text, video, graphics, sounds, images and other materials and services found on the Site (collectively “Content”) may not be copied or distributed, or republished, uploaded, posted, publicly displayed, performed, distributed or transmitted in any way, without the prior written consent of CellTrust®, including without limitation, pursuant to a Services Agreement entered with CellTrust and/or an authorized reseller or other properly authorized strategic partner of CellTrust. Any use of this Content for any other purpose is prohibited.

Use of Software.
If you download or otherwise use any applications, including software applications, or other software from CellTrust (“Software”), the Software, including all code, files, images, contained in or generated by the Software, and accompanying data, are deemed to be licensed to you by CellTrust® for the purposes of evaluation and/or use as set forth in these Terms of Use and any other applicable agreements, for example, an SL2 Services Agreement. Neither title nor intellectual property rights of the Software or Content provided through CellTrust are transferred to you, but remain with CellTrust®, who owns full and complete title. Unless otherwise expressly authorized within a separate written agreement with CellTrust, You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Software. You may not download or install the Software until you have read and accepted these Terms of Use. Use of the Software includes patented technologies as set forth at www.celltrust.com/SL2patents.

Copyrights, Trademarks And Service Marks.
Unless otherwise noted, all Content and other materials on the Site and in the Software (Site and Software sometimes collectively referred to as “Services”) are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by CellTrust® or by other parties that have licensed their material to CellTrust®. The Content of the Services is copyrighted, and any unauthorized use of the Content of the Services may violate copyright, trademark, and other laws, in addition to being a material breach of these Terms of Use.

There are a number of proprietary logos, service marks, trademarks, slogans and product designations (“Marks”) found on the Site and in the Software. By making these Marks available on the Site and in the Software, CellTrust® is not granting you a license to use them in any fashion. Access to the Services does not confer upon you any license under any of CellTrust’s® or any third party’s intellectual property rights. Use of CellTrust’s® proprietary logos, service marks, trademarks, slogans and product designations found on this Site and in the Software by users is restricted as set forth in the Terms of Use. Furthermore, third-party Marks are not intended to and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with such third-party.

The following trademarks and other marks (not listed here) are used in connection with the Services, and are the proprietary trademarks of CellTrust®:

CellTrust® (U.S. Serial No. 78/940,065) • SL2™ • MBN™ • CellTrust SecureVoice™ • SMIM™ • CellTrust SecureLine™ • CellTrust® SecureSMS® •

CellTrust’s® trademarks may be used publicly only with prior written permission from CellTrust®. Fair use of CellTrust’s® trademarks in advertising and promotion of CellTrust® products requires proper acknowledgment. No CellTrust® trademark or service mark may be used as a hyperlink without CellTrust’s® prior written permission. Other trademarks that may appear in connection with the Services may be owned by third parties and used with the permission of the third parties. You also agree not to use those trademarks without the permission of their respective owners.

The various marks used in connection with the Services represent some of the marks currently owned or controlled by CellTrust® or under license to CellTrust®. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all CellTrust® worldwide proprietary ownership rights, and CellTrust® may own or control other proprietary rights in one or more countries outside of the United States.

User Submissions.
CellTrust® does not solicit, but may accept, any product or process ideas, innovations suggestions, improvements or other user submissions, with the understanding that all remarks, suggestions, ideas, innovations, graphics, materials, information, data, concepts, submissions or other communications you transmit or post to the Site and/or to CellTrust® using the Services about improvements, fixes, or other changes to the Services (together, the “Feedback Communications”) are assigned to, and will forever be the property of, CellTrust® without any further compensation or other benefit to the user submitting such Feedback Communications. Other than personally identifiable information, which is covered under the CellTrust® Privacy Policy and Data Protection Agreement, any Feedback Communications will be considered non-confidential and non-proprietary. CellTrust® will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) from Feedback Communications and will not incur any liability as a result of any similarities that may appear in future CellTrust® operations. CellTrust® will have exclusive ownership of all present and future existing rights to the Feedback Communications of every kind and nature everywhere.

For any Feedback Communications that cannot be legally assigned to CellTrust®, you hereby grant CellTrust® and its designees an unrestricted, perpetual, royalty-free, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute the Feedback Communications for any and all commercial or non-commercial purposes, and agree that CellTrust® is free to use any ideas, concepts, know-how or techniques that you send CellTrust® for any purpose whatsoever without compensation to you or any other person sending the Feedback Communication. In addition, you warrant that all so-called “moral rights” with respect to the Feedback Communication have been waived. You further represent and warrant that your Feedback Communications do not infringe the intellectual property rights of any third party.

You are prohibited from using the Services to post, transmit, communicate, and/or deliver, to CellTrust® or other users, any unlawful, threatening, libelous, defamatory, obscene, pornographic, or any other material that would violate any law, or that could give rise to any civil or criminal liability under the law.

Acceptable Use Policy.
In addition to the prohibitions described elsewhere in these Terms of Use, you agree that you will not:

harvest, scrape, or collect data from the Services through automated means (including bots, crawlers, or scrapers) without CellTrust’s® prior written consent;
use the Content or the Services for the primary purpose of studying its features to, directly or indirectly, build, develop, or create any products similar to the Content and Services, to compete with CellTrust, or provide any information to a third party about or depicting the Content or Services if you or such third party is competing or intends to compete with CellTrust;
use the Services to share personally identifiable information on any individual or confidential information without the authority to do so, or provide any personally identifiably information (“PII”) or Personal Health Information (“PHI”) on yourself or any individual data subject without having the legal authority (and/or full consent of the data subject) to do so, as providing such information may be considered a cross‐border transfer of information from your location to another country, particularly to the United States of America, where CellTrust is located;
use the Content or Services in any way that violates CellTrust’s patents, copyrights or any law, regulation, rule, or guideline of any applicable governmental, regulatory, or business entity or association, including, but not limited to, the Mobile Marketing Association (“MMA”), telecommunication carriers, or any other company necessary for use of the License (including without limitation those appointed by the telecom industry, such as The Campaign Registry and CTIA), and any and all regulating bodies (whether governmental, private or otherwise and foreign or domestic, as the case may be) applicable to Your specific use of the Services;
probe, scan, or test the vulnerability of the Services or any related system or network, or breach or circumvent any security or authentication measures;
use the Services to transmit any unsolicited commercial communications (spam) or engage in any form of automated bulk messaging;
conduct or facilitate denial-of-service attacks or any other attack that interferes with the availability or performance of the Services;
use the Content or Services to impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity;
access, tamper with, or use non-public areas of the Services, CellTrust’s® computer systems, or the technical delivery systems of CellTrust’s® providers; or
use the Content or the Services for any commercial purpose not expressly authorized by CellTrust® in writing.

Account Registration and Security.
To access certain features of the Services, you may be required to register for an account. You agree to provide accurate, current, and complete information during the registration process and to keep your account information up to date. You are solely responsible for safeguarding your account credentials and for all activity that occurs under your account. You agree to notify CellTrust® immediately at legal@celltrust.com if you become aware of any unauthorized use of or access to your account. CellTrust® will not be liable for any loss or damage arising from your failure to maintain the security of your account credentials. CellTrust® reserves the right to suspend, disable, or delete any account that it reasonably believes has been compromised or is being used in violation of these Terms of Use.

User Forums or other Communication Networks.
Users accept and understand that certain entities necessary for the transmission of communications using the Services may, but may not be obligated to, monitor communications by users who employ the Services to communicate with others. Furthermore, CellTrust may, but is not obligated to, monitor communications in the event that CellTrust has a good faith belief that its Services are being improperly used. CellTrust® and third parties necessary for the transmission of communications, are free in their sole discretion to suspend services without prior notice to the user in the event of suspected misuse or abuse of the Services, including any violation of the terms set forth by the telecommunication carriers or any other company necessary for use of the Services (including without limitation those appointed by the telecom industry, such as the Mobile Marketing Association (“MMA”), The Campaign Registry, and CTIA), and any and all regulating bodies (whether governmental, private or otherwise and foreign or domestic, as the case may be); however, CellTrust® will have no liability related to the content of any user communications, whether or not arising under the laws of copyright, libel, privacy, obscenity, or otherwise, and retains the right to suspend services that include any material deemed abusive, defamatory, obscene or otherwise unacceptable. CellTrust® may deny access to the Services to users who violate these Terms of Use.

Your use of the Services results in your sending of various types of information to CellTrust®. CellTrust’s® handling of such information is governed by the CellTrust® Privacy Policy to which you agree when you accept these Terms of Use. If you do not accept the Privacy Policy or these Terms of Use, do not use the Services. Additionally, CellTrust’s and Data Protection Agreement applies to CellTrust customers who have entered into a written Service Agreement for SL2 Services and provides additional commitments and details regarding CellTrust’s rights and obligations to customer data. Except where restricted under an applicable Service Agreement, CellTrust® reserves the right to disclose, read, access, and preserve any information received from you by your using the Services as CellTrust® reasonably believes is necessary to (i) enforce these Terms of Use; (ii) prevent, deter, or defend against any type of fraud or misrepresentation; (iii) comply with applicable law; (iv) provide customer support; and (v) protect the property and other rights of CellTrust®, its employees, and its consumers.

Links To Third Party Web Sites.
The Services may provide links to other third-party websites or resources. Such links to third-party websites in the Services are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship or recommendation of, or affiliation with the third party or its products and services. CellTrust® has not reviewed all of these third-party sites, does not control, and is not responsible for any of these sites or their content. Thus, CellTrust® makes no representations whatsoever about any other website, which you may access through the Services, or any information, software, or other products or materials, found there, or any results that may be obtained from using them. If you decide to access any of third-party sites linked to the Services, you acknowledge and agree that CellTrust® is not responsible for the availability of such external sites or resources and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources. It is up to you to take precautions to ensure that whatever third-party resources you select for your use related to the Services are free of such items as viruses, worms, Trojan horses and other items of a destructive nature, and you do so entirely at your own risk. Accordingly, you agree that CellTrust® shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party materials, content, products or services available on or through any such third-party site or resource.

Fees.
Certain aspects of the Services may require or involve licensing, sales, transaction, transmission, and other types of fees (“Fees”). CellTrust will set forth any fees it charges or collects within a price quote, service agreement, or other written form; however, third-party fees may apply to your use of the Services or related third-party sites or resources (such as, but without limitation, for the phones or other devices necessary to run the Software, message and data rates from telecom carriers or internet providers, long-distance or international calling charges, etc.). By using fee-based aspects of the Services, you consent to the Fees involved and agree that you decided to use the Services with full knowledge of the Fees.

By sending and receiving text messages and other communications using the Services, you agree that CellTrust® is not responsible for the cost as may be charged by your cellular telephone carrier, internet service provider, and the like.

Different businesses and entities use the Services to capture mobile communications for regulatory compliance purposes or for retention in accordance with their data retention requirements. CellTrust does not send messages on behalf of any such customer. Furthermore, CellTrust does not retain the data for such captured communications long-term; thus, requests related to the records of such data should be directed to the entity using the Services. Each customer is responsible for establishing registrations for their communications with carriers, WhatsApp, or any other third-party that will be utilized for the transmission of communications and abiding by the rules, terms, and other conditions established by such third-party and as may be applicable by law. While CellTrust’s Compliancy Services and/or other team members may assist customers with applicable registration processes, their assistance shall not be construed as legal advice, and all such customers should speak to their own attorneys if any legal advice on such matters is desired. THE INFORMATION PRESENTED ON THE SITE OR ANY CellTrust® PUBLICATIONS, WRITINGS AND/OR THIRD-PARTY BOOKS OR WRITINGS MADE AVAILABLE BY CELLTRUST ARE FOR INFORMATION PURPOSES ONLY AND ARE NOT MEANT TO SERVE AS A SUBSTITUTE FOR PROFESSIONAL LEGAL OR FINANCIAL ADVICE WHICH SHOULD BE OBTAINED THROUGH CONSULTATION WITH APPROPRIATE PROFESSIONALS IN YOUR STATE.

No Professional Advice.
Nothing in the Services, including any Content, materials, or information made available by CellTrust, constitutes legal, regulatory, financial, tax, medical, compliance, or other professional advice of any kind. CellTrust is not a law firm, financial advisor, or compliance consultant, and no information provided through the Services creates an attorney-client or advisor-client relationship. You should not act or refrain from acting on the basis of any information in the Services without first consulting a qualified professional licensed in the applicable jurisdiction. CellTrust expressly disclaims all liability arising from reliance on any information in the Services as professional advice.

Take It Down Act (TIDA) Compliance.
In compliance with the Take It Down Act (TIDA), any victim that believes the Services have been utilized to transmit non-consensual imagery can utilize the Complaint form located at the bottom of CellTrust’s website or email legal@celltrust.com to report any such transmission, and CellTrust will work with its customers to ensure the removal of such photos or videos within 48 hours. Victims are allowed to make such a request regardless of whether or not the victim has an existing account with CellTrust. Once a request is submitted, CellTrust will provide the victim with an identifying number to track their request, which they can also provide to law enforcement.

Disclaimer.
THE SERVICE, AND INFORMATION AND CONTENT PROVIDED IN THE SERVICES, ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.

CELLTRUST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY, OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE SITE, THE SOFTWARE, THE CONTENT OF THE SITE OR THE SOFTWARE OR ANY OTHER WEBSITES LINKED TO OR FROM THE SITE.

CELLTRUST DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES, OR CONTENT, DATA OR INFORMATION IN THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE CELLTRUST MAY MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ON THE SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THE SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE. CELLTRUST UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.

ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE SERVICES. INFORMATION PUBLISHED AT THE SITE MAY REFER TO PRODUCTS, PROGRAMS OR SERVICES THAT ARE NOT AVAILABLE IN YOUR GEOGRAPHIC LOCATION.

Limitation of Liability.
IN NO EVENT WILL CELLTRUST, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED IN THE SERVICES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION, OR CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF, THE SERVICES, ANY WEBSITES LINKED TO THE SITE, OR THE CONTENT OR INFORMATION OR DATA CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE CONTENT, INFORMATION, OR SERVICES RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, CELLTRUST’S TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THE SERVICES, ITS CONTENT OR LINKS, SHALL NOT EXCEED THE AMOUNT YOU PAID TO ACCESS THIS SITE.

BECAUSE SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

Indemnification.
You agree to defend, indemnify, and hold harmless CellTrust, its officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to: (a) your violation of these Terms of Use; (b) your use or misuse of the Content or Services; (c) your violation of any applicable law or regulation; (d) your infringement of any third-party right, including without limitation any intellectual property right, privacy right, or proprietary right; or (e) any content, data, or communications that you submit, post, transmit, or make available through the Services. CellTrust reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with CellTrust in asserting any available defenses.

Procedure for Making Claims of Copyright Infringement.
CellTrust respects the intellectual property rights of others and expects its users to do the same. CellTrust will, upon receiving proper notice, act to remove or disable access to any such material as set forth in the Digital Millennium Copyright Act (17 USC § 512) www.copyright.gov/legislation/dmca.pdf. Any notifications of claimed copyright infringement must be sent to CellTrust® at the following address: Legal Department, 20701 N. Scottsdale Road, Suite #107-451, Scottsdale, Arizona 85255, USA. When notifying CellTrust of the alleged copyright infringement, please provide complete and sufficient information, including identification of the copyrighted work alleged to have been infringed, the alleged infringing material, the address and contact information for the owner of the alleged copyright material, and a statement that the information in the notification is accurate, and, under the penalty of perjury, that the complaining party is authorized to act on behalf of the owner of the alleged copyright.

DMCA Counter-Notification Procedure.
If you believe that material you posted was removed or disabled by mistake or misidentification, you may submit a counter-notification to CellTrust’s Designated Agent at the address above. Your counter-notification must include: (a) your physical or electronic signature; (b) identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access was disabled; (c) a statement under penalty of perjury that you have a good-faith belief that the material was removed or disabled as a result of mistake or misidentification; and (d) your name, address, and telephone number, and a statement that you consent to the jurisdiction of the federal district court for the judicial district in which your address is located (or the District of Arizona if your address is outside the United States), and that you will accept service of process from the person who provided the original notification or an agent of such person. Upon receipt of a valid counter-notification, CellTrust may restore the removed material in its sole discretion, subject to its obligations under applicable law.

GENERAL TERMS

Applicable Laws.
CellTrust, from its offices within the United States of America, controls the Services. CellTrust makes no representation that the Content or the Services is appropriate or available for use in locations other than the United States, and access to them from territories where their content is illegal is prohibited. Those who choose to access the Services from other locations do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the Content or the Services in violation of U.S. export laws and regulations.

These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortuous conduct or otherwise) and any claim relating to the Content or Services shall be governed by the internal substantive laws of the State of Arizona. By using the Services, and agreeing to the Terms of Use, you agree that any dispute to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use, shall be settled through binding arbitration under the AAA Rules of Arbitration, located at a mutually convenient forum in Phoenix, Arizona.

Class Action and Jury Trial Waiver.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE THE RIGHT TO A JURY TRIAL AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR ANY OTHER REPRESENTATIVE OR CONSOLIDATED PROCEEDING. ALL DISPUTES MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. IF THIS CLASS ACTION WAIVER IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRE ARBITRATION PROVISION SET FORTH IN THESE TERMS OF USE SHALL BE NULL AND VOID.

Export Controls and Sanctions Compliance.
The Services, Content, and Software are subject to U.S. export control laws, including the Export Administration Regulations (“EAR”) administered by the U.S. Department of Commerce and economic sanctions regulations administered by the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”). You agree not to export, re-export, transfer, or provide access to the Services or Content, directly or indirectly, to any country, entity, or individual: (a) to or in a country embargoed or subject to comprehensive sanctions by the United States; (b) that is on any U.S. government restricted or denied-party list, including OFAC’s Specially Designated Nationals List; or (c) in violation of any applicable U.S. or foreign export control or sanctions law or regulation. You represent and warrant that you are not located in, under the control of, or a national or resident of any such embargoed country, and that you are not on any such restricted-party list.

Termination.
CellTrust, in its sole discretion, may terminate or restrict your use or access to the Services, this Site (or any part thereof) for any reason, including, without limitation, if CellTrust believes you have violated or acted inconsistently with the letter or spirit of these Terms of Use, or if you are in breach of the terms of the Terms of Use. Upon termination, you will immediately destroy any copies of Content of the Services, whether in printed or software format.

Cancellation.
Except as otherwise set forth in a written agreement with CellTrust, Service cancellation requires ninety (90) days’ advance notice prior to the end of your current service term by emailing accounting@celltrust.com. Fees paid are not refundable.

Force Majeure.
CellTrust shall not be liable for any failure or delay in performing its obligations under these Terms of Use to the extent that such failure or delay is caused by circumstances beyond CellTrust’s reasonable control, including without limitation: acts of God; natural disasters (fire, flood, earthquake, storm, hurricane, or other natural catastrophe); pandemic, epidemic, or public health emergency; war, terrorism, riot, civil disturbance, or acts of civil or military authorities; government orders, laws, or regulations; embargoes or trade sanctions; actions or failures of telecommunications carriers, internet service providers, or utilities; cyberattacks, denial-of-service attacks, or other malicious acts by third parties; or labor disputes or strikes not involving CellTrust’s employees. CellTrust will use commercially reasonable efforts to resume performance as soon as practicable after any such event.

Modifications to Services.
CellTrust reserves the right, in its sole discretion and at any time, to modify, suspend, discontinue, or restrict access to all or any part of the Content or Services, including any feature, function, or content, with or without notice and without liability to you or any third party. CellTrust shall not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any Content.

Notices.
Notices to you may be made via either email or regular mail. CellTrust may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Site. Notices from you to CellTrust® regarding these Terms of Use must be made in writing and delivered by: (a) email to legal@celltrust.com (with confirmation of receipt requested); or (b) certified mail or overnight courier, return receipt requested, to: Legal Department, CellTrust Corporation, 20701 N. Scottsdale Road, Suite #107-451, Scottsdale, Arizona 85255, USA. Notices shall be deemed received upon actual receipt or, if sent by certified mail, three (3) business days after mailing.

Privacy.
CellTrust recognizes the need to protect the privacy of users of this Site, and, while this Site is not intended for or directed to individuals under the age of 18, CellTrust recognizes the need to provide additional privacy protection to children. Children under the age of 13 may visit this Site only with parental permission. CellTrust does not require children under the age of 13 to disclose any personally identifiable information. Please see our Privacy Policy for more information.

Revisions.
CellTrust may make changes to the materials and services at this Site, or to the products and prices described in them, at any time without notice. You should visit this page from time to time to review the then-current Terms of Use because they are binding on you. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages at this Site or in Service Agreements. The materials and services at the Site may be out of date, and CellTrust makes no commitment to update the materials and services at this Site.

Additional Terms.
Certain items or programs offered by the Site, whether by CellTrust or its strategic partners, and certain areas within this Site may be governed by additional terms of use and/or other agreements (“Additional Terms”) presented in conjunction with those items or programs. You must agree to these Additional Terms before using those areas or those services. The Additional Terms and these Terms of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms of Use, the Additional Terms shall control.

Entire Agreement.
These Terms of Use, together with CellTrust’s Privacy Policy, any applicable Data Protection Agreement, and any Additional Terms or written service agreements or strategic partner agreement, expressly incorporated herein, constitute the entire agreement between you and CellTrust with respect to your use of the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services. No oral representation or statement made prior to or after the date of these Terms of Use shall be incorporated into or constitute a part of these Terms of Use. For express clarification, for any CellTrust customer, any written service agreement entered into between you and CellTrust will supersede and control over these Terms of Use. For any CellTrust strategic partner, any written strategic partnership agreement entered into between you and CellTrust will supersede and control over these Terms of Use.

Waiver.
CellTrust’s failure to enforce any part of these Terms of Use shall not constitute a waiver of any of CellTrust’s rights under these Terms of Use, whether for past or future actions on the part of any person. Neither the receipt of any funds by CellTrust nor the reliance of any person on CellTrust’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. A specific, written waiver signed by an authorized representative of CellTrust (C-Level or attorney) may only provide a legal waiver.

Severability.
If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

Accessibility.
CellTrust is committed to making its Services accessible to individuals with disabilities in accordance with applicable law, including the Americans with Disabilities Act (“ADA”). If you experience difficulty accessing any part of the Services, please contact us at legal@celltrust.com so that we may assist you and work to improve accessibility. CellTrust will make reasonable accommodations to ensure that the Services are accessible to qualified individuals with disabilities.

Acceptance of Terms.
BY USING THE SERVICES, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS OF AGE OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS GREATER. You acknowledge you have read and agree to be bound by these Terms and to comply with all applicable laws and regulations. You further agree to comply with all local laws, regulations and rules regarding online conduct and acceptable use of the Content and Services. You represent you have the legal authority to accept these Terms on behalf of yourself or any party you represent. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE CELLTRUST CONTENT OR THE SERVICES.

Updated June 2, 2026

Summary of Material Changes