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KX21 ENHANCED TERMS OF SERVICE AGREEMENT

Last updated: August 11, 2026

This document, titled "KX21 Enhanced Terms of Service" (the "Agreement"), is entered into by and between the person or entity on whose behalf the Services (defined below) are used or accessed (the "User") and KX21, Inc., a corporation organized and existing under the laws of the State of Delaware, with its principal place of business in Las Vegas, NV, USA ("KX21").

1. Acceptance of Terms

By registering, accessing, or using the KX21 platform (including Kapture) and related services ("Services"), the User agrees to be bound by the terms and conditions outlined in this Agreement effective as of the date of such actions ("Effective Date"). Non-acceptance of this Agreement prohibits any use of the Services. The User acknowledges that this Agreement constitutes a legally binding contract between the User and KX21 and agrees to comply with the requirements herein. KX21 may modify this Agreement at any time by posting a revised Agreement to its website. User's continued access to or use of the Services after KX21 posts an updated Agreement constitutes the User's acceptance of the updated Agreement.

2. Nature and Scope of Services

KX21 provides a suite of cloud-hosted software-as-a-service (SaaS) products for enterprise and contact-center environments. The Services may include KontrolX lead orchestration, Kurrent call routing and tracking, Kapture forms and proof of submission, Komms AI voice agents, and related APIs, integrations, documentation, and support.

The Services are provided under a SaaS model. Users receive the access rights granted by this Agreement but no ownership rights in KX21's underlying code, models, or infrastructure. User Data and Outputs are addressed separately in Section 7. This section is not a representation or warranty as to any Service capability now or in the future, or a guarantee of performance.

3. Account Registration and Responsibilities

Users and their representatives must provide complete, truthful, and accurate registration data when creating an account for use of the Services ("Account"). Users must ensure that all information provided during the registration process is kept up-to-date and reflects the User's current status.

Each User is solely responsible for safeguarding their Account credentials, including their username and password, to prevent unauthorized access. Any activities or actions undertaken through the User's Account are deemed to be authorized by the User, and the User is accountable for all such activities. Users must immediately notify KX21 of any actual or suspected unauthorized use of their Account.

KX21 reserves the right to suspend or terminate Accounts without prior notice if Users engage in fraudulent, abusive, or unlawful behavior or KX21 believes a risk exists that allowing an Account to remain active will pose risk to KX21, other users of the Services, or any third party.

Each party represents and warrants to the other party that: (i) it is duly formed and exists in good standing under the laws of the state of its formation; (ii) it has all necessary corporate authorizations to enter into this Agreement; (iii) it has all permits and licenses necessary to perform its obligations under this Agreement; and (iv) its execution of this Agreement will not cause it to violate any applicable laws or contractual obligations to third parties.

4. License Grant and Scope

KX21 affirms its exclusive ownership of all its intellectual property, including but not limited to the Services, and all related software, models, documentation, and content (collectively, "Proprietary Technology").

Subject to compliance with this Agreement and timely payment of applicable fees, KX21 grants the User a limited, non-exclusive, revocable, non-assignable, non-sublicensable, and non-transferable license to access and use the Services and Proprietary Technology solely for internal business purposes. This license does not convey any ownership of intellectual property rights in the Services.

Access and use are permitted only through authorized interfaces, such as the API made available by KX21. Users are strictly prohibited from using the Services to research, develop, train, or enhance any product or service.

This license automatically terminates upon the earlier of (i) User's breach of this Agreement, (ii) termination of this Agreement, or (iii) termination of the User's Account, at which time the User must cease all access to and use of the Services.

User is prohibited from using the Services for applications involving medical devices, life-support systems, or critical infrastructure.

5. Prohibited Conduct and Security Safeguards

Users of the Services agree to adhere to the following standards:

• Reverse Engineering: Users must not attempt to, and will not knowingly permit any other person to attempt to, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, algorithms, training data, model weights, or system architecture of the Services.
• Evasion Tools: Users must not use virtual private networks ("VPNs"), proxies, bots, crawlers, packet sniffers, scripts, or any other tools to evade controls, mask their identity, harvest data, or bypass restrictions on Services.
• Unauthorized Automation: Users are prohibited from deploying any automation, including scripts or software tools, to harvest data, perform stress testing, or otherwise access Services outside of KX21-authorized APIs.

6. Monitoring, Logging, and Enforcement Rights

KX21 reserves the right to monitor and log user activity on the platform to ensure compliance with this Agreement and to protect the integrity of the Services. Such monitoring may be conducted without prior notice to Users, and the User agrees to such monitoring. KX21 reserves the right to implement or modify technical limitations, such as rate limiting and CAPTCHAs, at its sole discretion to prevent, stop, or remediate misuse of the Services. KX21 shall not be liable for consequences arising from such monitoring, logging, or technical limitations.

7. Data Rights, Privacy, and Security

All data input by the User into the Services, and the Outputs generated, remain the property of the User (the "User Data"). Users retain all rights to their User Data and are responsible for ensuring its legality, reliability, and appropriateness. KX21 does not claim any ownership rights over User Data.

User grants KX21 a limited, worldwide, royalty-free, sublicensable, assignable, transferable, and irrevocable license to process User Data solely to provide, maintain, and improve the Services. KX21 may anonymize, deidentify, or aggregate User Data so that it can no longer identify or reasonably be associated with an identifiable natural person ("Anonymized Data"). KX21 will be considered the owner of Anonymized Data and may use and disclose Anonymized Data for lawful purposes.

With respect to AI-generated outputs produced using the Services ("Outputs"), User acknowledges that KX21 retains ownership of the proprietary models and algorithms used to generate such Outputs. User is barred from claiming copyright or any intellectual property rights over the models or algorithms used to generate Outputs unless expressly granted by KX21 in writing.

KX21 employs commercially reasonable technical and organizational safeguards to protect User Data from unauthorized access, use, or disclosure, but does not guarantee absolute security. KX21 may, but is not obligated to, store or retain User Data. The User is responsible for maintaining independent backups of all User Data.

Personal Data Processing

To the extent KX21 processes User Data consisting of "personal data" or "personal information" as defined under applicable privacy and data security laws ("Personal Data"), the following additional terms apply:

• User represents and warrants that it has provided all necessary notices and obtained all necessary consents for KX21 to process Personal Data as contemplated by this Agreement.
• The Services are not intended for, and User will not use the Services to, process Personal Data of individuals residing or located outside the United States of America.
• KX21 will not sell Personal Data to third parties.
• KX21 will not share Personal Data with third parties for targeted advertising or cross-context behavioral advertising purposes.
• KX21 will comply with applicable privacy and data security laws governing its processing of Personal Data including, if applicable, the California Consumer Privacy Act.
• User directs KX21 to delete Personal Data in KX21's possession or control within sixty (60) days of User's Account termination.

8. Fees, Payment Terms, and Taxes

Subscription fees for the Services are detailed on the KX21 website at kx21.com. All fees are paid in advance and are non-refundable, unless otherwise specified in this Agreement.

Subscription plans will automatically renew at the end of each subscription period unless canceled by the User at least three (3) business days prior to the renewal date or KX21 chooses not to renew the subscription. Users are responsible for keeping their payment information up-to-date.

In the event a payment is reversed, charged back, or otherwise recovered by the User's financial institution, KX21 reserves the right to charge a reversed payment fee of $35, or the highest amount permitted by law, whichever is less.

Users are responsible for the payment of any applicable sales, use, excise, or other taxes imposed by relevant jurisdictions relating to their use of the Services. Subscription fees are exclusive of taxes.

Interest on amounts due from User under this Agreement will accrue at a rate of eighteen percent (18%) per annum, or the highest rate permitted by law, whichever is less. User will reimburse KX21 for all costs, including collection agency and attorneys' fees and court costs, associated with KX21's attempt to collect any amount due.

9. Suspension, Termination, and Remedial Actions

• Suspension or Termination for Cause: KX21 may suspend or terminate a User's access to its Services immediately and without notice if KX21 determines that the User (i) has violated or will violate this Agreement, (ii) poses legal/compliance risks, or (iii) presents a credit risk or otherwise has not timely remitted payment. In such event, User forfeits any pre-paid subscription fees.
• Termination for Convenience: KX21 may terminate a User's access to its Services for convenience with commercially reasonable efforts to provide prior notice. KX21 will provide a prorated refund of subscription fees paid but unused for such terminated Services.
• User-Initiated Cancellation: User may terminate its Account at any time through the User interface in the Services, with the cancellation becoming effective at the end of the then-current billing cycle.
• Data Management: KX21 may quarantine, delete, or terminate access to User data upon suspension or termination of the User's Account for any reason.

10. Confidentiality

"Confidential Information" means information, including trade secrets, know-how, proprietary information, formulae, processes, techniques and information concerning past, present and future marketing, financial, research, and development activities, that may be disclosed from or on behalf of KX21 to User, that is marked "confidential" or "proprietary" or which a reasonable person would anticipate to be confidential or proprietary.

Confidential Information will not include information: (i) previously known to the receiving party without an obligation of confidentiality; (ii) independently developed by the receiving party without reference to Confidential Information; (iii) lawfully acquired from a third party not under an obligation of confidentiality; or (iv) which is or becomes publicly available through no fault of the receiving party.

The receiving party will hold the Confidential Information in strict confidence and will take reasonable care to protect and maintain its confidentiality.

11. User Responsible for Compliance

User acknowledges that its use of the Services may be subject to complex laws and regulations, including, but not limited to, the federal Telephone Consumer Protection Act and its implementing regulations, the Federal Trade Commission's Telemarketing Sales Rule, state telephone solicitation laws and regulations, and federal and state laws and regulations governing privacy, data security, and the use of artificial intelligence. User is solely responsible, and assumes all risk, for using the Services in compliance with Applicable Laws and KX21 strongly recommends that User consult with its own legal counsel for compliance advice.

12. Injunctive Relief and Equitable Remedies

In the event of any actual or threatened breach of this Agreement that would cause irreparable harm to KX21, KX21 retains the right to seek immediate injunctive relief and equitable remedies without the need to post a bond. Such measures are necessary to prevent or mitigate damage that cannot be adequately remedied through monetary damages alone. This entitlement to injunctive relief is agreed upon by the parties to address the needs for urgent intervention in instances of unauthorized use, misuse, reverse engineering, extraction, or competitive misappropriation of KX21's Proprietary Technology, Confidential Information, and Services.

13. Disclaimer of Warranties

THE SERVICES ARE PROVIDED STRICTLY ON AN 'AS IS' AND 'AS AVAILABLE' BASIS. KX21 EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USER ACKNOWLEDGES THAT THE OUTPUTS GENERATED BY THE SERVICES MAY BE INACCURATE, INCOMPLETE, OR UNSUITABLE FOR USER'S PURPOSES. KX21 DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE SERVICES WILL PROVIDE ANY BENEFIT TO USER SUCH AS INCREASED PROFITS, REDUCED OVERHEAD COSTS, OR INCREASED EFFICIENCY.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, KX21 AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, AND LICENSORS SHALL NOT BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE THE SERVICES HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE), AND EVEN IF KX21 HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL KX21'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT EXCEED THE GREATER OF (A) THE TOTAL FEES PAID BY THE USER TO KX21 IN THE SIX (6) MONTHS PRECEDING THE CLAIM OR (B) US $100.

15. Indemnification

User will defend, indemnify, and hold KX21 and its affiliates, subsidiaries, successors, assignees, owners, directors, officers, employees, contractors, representatives, and agents (collectively, "KX21 Indemnitees") harmless from and against any and all claims, governmental investigations, demands, actions, and proceedings, real or threatened, and all losses, judgments, awards, settlements, damages, fines, injuries, penalties, and costs (including reasonable attorneys' fees) arising out of or related to (i) any breach of this Agreement by User, (ii) User's actual or alleged violation of Applicable Laws, or (iii) User's negligence or willful misconduct.

KX21 will defend, indemnify, and hold User harmless from and against losses arising out of a third-party claim that the Services infringe any U.S. patent or copyright ("IP Claim"), subject to certain exclusions including User's use of the Services in conjunction with equipment or software provided by User or a third party, or User's use of the Services in violation of documentation provided by KX21.

16. Class Action Waiver and Mandatory Arbitration

All disputes will be finally and exclusively resolved by binding arbitration in accordance with the commercial arbitration rules ("Arbitration Rules") of the American Arbitration Association ("AAA"). Any such claim will be arbitrated on an individual basis before a single neutral arbitrator appointed in accordance with the Arbitration Rules without an option to appeal.

Notwithstanding the foregoing, (i) if the amount in controversy is $25,000 or less, the arbitration will be conducted on the basis of written submissions only or (ii) if the amount in controversy is greater than $250,000, either party may appeal the arbitrator's decision to Optional Appellate Arbitration in accordance with the Arbitration Rules.

The arbitration will be conducted in Las Vegas, Nevada; however, the parties may mutually agree to permit attendance by synchronous audio and/or video connection. No arbitration may proceed as a joinder action, class action, or any other type of action that combines the controversies or claims of multiple plaintiffs.

USER UNDERSTANDS AND AGREES THAT IT IS WAIVING ITS RIGHTS TO A JURY TRIAL THROUGH THIS ARBITRATION PROVISION, AS WELL AS ANY RIGHT IT MAY HAVE TO PRESENT ITS CLAIM OR DISPUTE IN A COURT OF LAW. IT IS ALSO WAIVING ANY RIGHT IT MAY HAVE TO PARTICIPATE IN A CLASS OR JOINDER ACTION RELATED TO CONTROVERSIES OR CLAIMS SUBJECT TO THIS AGREEMENT.

17. Governing Law and Venue

This Agreement and all matters arising out of or relating to this Agreement shall be governed by and construed in accordance with the laws of the State of Nevada, United States of America, without regard to its conflict of law provisions. Subject to Section 16 "Class Action Waiver And Mandatory Arbitration" above, any legal actions, suits, or proceedings brought to resolve any dispute, controversy, or claim arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in Clark County, Nevada, United States of America and the parties waive any objection to, or argument of inconvenient venue related to, the jurisdiction of such courts.

18. Miscellaneous

This Agreement, including all referenced policies, constitutes the entire understanding between the parties regarding its subject matter and supersedes all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be removed to the minimum extent necessary, and the remaining provisions will remain in full force and effect. Terms of this Agreement which by their nature would survive termination, such as limitations of liability and indemnification obligations, will be deemed to survive.

User grants KX21 permission to refer to User as a current or former customer of the Services in any and all marketing, websites, business proposals, or other publicity materials including use of User's logo.

19. Abuse Reporting and Vulnerability Disclosure

KX21 takes the security and integrity of its Services very seriously and encourages users and staff to report any suspected abuse, security incidents, or vulnerabilities:

• Notification: Users must promptly report any suspected abuse, security incidents, or vulnerabilities by sending an email to hello@kx21.com.
• Required Information: When making a report, include relevant details such as the nature of the incident, the suspected threat or vulnerability, the steps that led to its discovery, and any other pertinent information.
• Investigation and Response: Upon receiving a report, KX21 will conduct a thorough investigation and take appropriate remedial actions as necessary.
• Cooperation with Authorities: If the reported incident involves illegal activities, KX21 may cooperate with law enforcement and other relevant authorities.
• No Retaliation: KX21 prohibits any form of retaliation against individuals who in good faith report suspected abuse or vulnerabilities.

20. Contact Information

For questions about this Agreement or to provide notices required under this Agreement:

KX21, Inc.

Las Vegas, NV, USA

Contact form: kx21.com/contact