REBTEL

A. Rebtel – Terms of Service

Welcome to Rebtel – thanks for using our services!

We are proud to be able to offer you, as a member of Majority (more specifically, a customer of Majority USA, LLC), a unique high-quality cross-border calling experience at unbelievable low rates, via the Majority mobile application and website (www.majority.com) (the “App” and “Website”).

The Rebtel Terms of Service (the “Terms of Service”) represent a binding legal agreement between you and Rebtel Networks AB (“Rebtel”, “us”, “our” or “we”) and govern the provision and use of our Services (as defined below) and otherwise the relationship between you and us in connection with the Services.

The Terms of Service comprise the terms and conditions set forth herein, but also any additional terms and conditions, policies, rules, guidelines, rates, offers or similar in any schedules attached hereto or otherwise published in the App or on the Website, including but not limited to our policy regarding processing of personal data (the “Rebtel Privacy Policy”), attached hereto. You should read them all carefully and retain them for your records. If you don’t agree to the term and conditions set forth herein, please don’t use the Services.

By applying for or otherwise retaining, using the Services (or any part thereof), you represent and warrant to us that: (i) you are at least 18 years of age (or older if you reside in a state where the majority age is older) or otherwise are fully able and competent to conclude these Terms of Service; (ii) you are a U.S. citizen or legal alien residing in the United States, Puerto Rico or the District of Columbia; (iii) the personal information that you provide in connection with the Services or otherwise the Majority services is true, correct, up-to-date and complete; and (v) that you have read and understand the Terms of Service, and agree to be bound by and to comply with their terms and conditions.

Rebtel may make changes to the Terms of Service from time to time. Rebtel will publish the changes in the App and/or at the Site. The changes will be effective when published. Please review the Terms of Service on a regular basis. You understand and agree that your express acceptance of the amended Terms of Service, or if you continue to use the Services after the date of publication, shall constitute your agreement to the amended Terms of Service.

Rebtel Networks AB is a company incorporated under the laws of Sweden, with registered address Jakobsbergsgatan 16, 111 44 Stockholm, Sweden.

IMPORTANT NOTICE:

• The Services provided by Rebtel are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service.

• NO EMERGENCY CALLS – The Services are not intended to replace your ordinary or fixed line telephone services. As such, the Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind. Neither are they intended to support calls to operator or directory enquiry services. Rebtel is not liable in any manner for such calls. You must ensure that you, or anyone using your Device, have alternative arrangements for making any such calls.

• If you do not agree to the terms and conditions of these Terms of Service you are not allowed to use the Services and must stop using the Services now.

• If you are residing in a jurisdiction where it is prohibited by law to offer or use internet telephony or other parts of the Services which we provide, you may not use the Services in such jurisdiction.

1. The Services

By using Rebtel’s calling services you will be able to make outbound international calls to conventional telephone numbers around the world (as long as you and your contact being in an area or jurisdiction which we at the time supports). The calling services enable you to place outbound, internet-based voice calls to the public switched telephone network terminating on both fixed and mobile telephony networks. In providing services, Rebtel is using a combination of internet routing and virtual local landline numbers. We offer call termination services in several countries around the world, but we can’t guarantee that we support termination in all countries or to all phone numbers or that we always will support termination to any particular country or phone number. We make no representation that our Services are available for use in any particular location. The calling service is not intended to be used for calls within one country.

In addition to the services described above, as a registered customer you may also use our mobile top up service through which we provide you with the possibility to transfer pre-paid airtime value (for communication or data transmission capacity) to a phone subscription account registered on an end user with certain mobile networks operators in certain countries (hereinafter the “Mobile Top Up Services”).

These communication services and all other services, products, features, functionalities and/or interactions as set forth in this document or presented in the App or on the Website or otherwise provided or made available to you by Rebtel via Majority from time-to-time shall collectively be referred to in these Terms of Service as the “Services”. The term Services shall also include/refer to any and all software and all types of codes (source code, binary code etc.), and any versions thereof, made available to you or otherwise used by Rebtel or you in relation to the provision of the Services or otherwise relating thereto (the “Software”).

You acknowledge and agree that the offering and provision of the Services by Rebtel are conditioned upon that you are an existing customer of Majority USA, LLC and permitted by Majority USA, LLC or otherwise eligible to acquire the services under the Majority Terms of Service. In addition, to acquire the Services you are also required to have a valid Majority Account and sufficient funds on your Majority Account, or a valid payment method connected to your Majority Account (for details, please see the Majority Terms of Service). The provision and use of the Services will be administered and managed through your Majority Account. Rebtel reserves the right to only provide the Services within the App and/or on the Website (as applicable).

1.1 Intellectual Property Rights, Licenses Etc.

In consideration of you agreeing to abide by the terms and condition of these Terms of Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the Software and other parts of the Services provided or made available to you by Rebtel. You may download a copy of the Software onto a Device which you control and to view, use the Software on the Devices for your personal purposes only. We reserve all other rights.

You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Software or, to the extent applicable, any other part of the Services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.

The Software may contain open source software. Any use, reproduction and distribution of components of the Software licensed under an open source software license is governed by the terms of such open source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms of Service shall apply with priority over such open source software license.

You acknowledge that you have no right to have access to the Software or other parts of the Services (where applicable) in source-code form.

All ownership and intellectual property rights in or to the Software and, to the extent applicable, other parts of the Services and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in Rebtel, or Rebtel’s licensors, and nothing in these Terms of Service shall constitute or be interpreted as a transfer of any such rights from Rebtel to you or anyone else. You are, as stated above, solely entitled to the limited license to the Services specifically granted under these Terms of Service. For the purpose of clarification; nothing in these Terms of Service give you a right to use any of Rebtel’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise used within the Services provided to you.

The licenses granted to you as described in this section will terminate automatically in the event of any termination of the Terms of Service.

Rebtel has a license to U.S. Patent No. 7,346,156.

1.2 Use of the Services

You agree to use the Services only in such way that is permitted by the Terms of Service and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including without limitation any applicable export laws and regulations).

It is your responsibility to ensure that you are legally allowed to use the Services where you are located. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.

You acknowledge and understand that the voice communication service provided by Rebtel is not a traditional telephone service or a replacement for your primary telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between the traditional telephone service and the voice communication services provided by Rebtel.

You acknowledge that the products, features or functions or other parts of the Services may change over time. Rebtel may without prior notice to you change the form and nature of the Services. This could mean, among other things, that future versions of the Software may be incompatible with applications developed on or with previous versions. Furthermore, Rebtel reserve the right to, in Rebtel’s sole discretion and without prior notice to you, stop (permanently or temporarily) providing the Services to you or to users generally. Rebtel may make updates of the Software or other parts of the Services at any time, but shall have no obligation what so ever to provide any such updates to you. It is your responsibility to use the latest available version of the Software or other parts of the Services (where applicable).

The Services are for your individual use. You shall not resell or commercialize the Services to any third party.

You agree that you are solely responsible (and that Rebtel has no responsibility to you or any other third party) for any data, content, or resources that you transmit by using the Services, and for the consequences of such actions (including any loss or damage which Rebtel or any third party may suffer).

1.3 Jurisdictional Restrictions

If you are residing in a jurisdiction where it is prohibited by law to offer or use internet telephony or other parts of the Services, you may not use the Services in such jurisdiction. It is your responsibility to ensure that you are legally allowed to use the Services where you are located.

1.4 Third Party Services

You acknowledge and agree that the Services provided by Rebtel are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service.

You acknowledge and agree that the use of the Services is dependent upon services of third parties, including but not limited to international carriers, local termination partners and your local telecom and mobile operator (“Provider”). Note that some Providers prohibit or restrict the use of Voice over Internet Protocol (“VoIP”) functionality or other features of the Services and may impose fees in connection with the use of the Services. You are solely responsible for verifying with your mobile operator or Internet provider (or any other Provider that you are using in relation to your use of the Services) that your use of the Services is permitted and in accordance with any contractual obligations you may have with such Provider, and also to understand (and pay for) any fees that such Provider may charge you in relation to your use of the Service. Note that, as soon as your call is connected to a phone number provided by Rebtel, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call or not (i.e. even if the line is busy).

Note that if you use the Services while you are in a country that is not the country associated with your base/fixed net or mobile phone operator or other Provider (in other words: out-of-country usage) this usage may lead to significantly higher costs in relation to your Providers than normal usage. You are solely responsible for keeping yourself informed and paying for such possible roaming and other applicable charges levied by your mobile operator or other Provider.

In relation to our Mobile Top Up Services, please note that once the Mobile Top Up transaction is completed, Rebtel has no control over the pre-paid airtime value and that the terms and conditions of the recipients local mobile network operator will apply in respect of the end user’s consumption of such pre-paid airtime value.

1.5 Unauthorized Use, Stolen Device

You are solely responsible for all activities relating to the Services that occur on or otherwise is associated with your Majority Account, regardless of whether the activities are undertaken by you or any third party and whether or not authorized. For the avoidance of doubt, Rebtel is not responsible for any unauthorized access to the Majority Account. You are required to contact us immediately to suspend the Services and block your Majority Account if you suspect that your mobile phone or other device you are using the Services on (“Device”) is stolen or otherwise that an unauthorized person may be using the Majority Account or if your password/PIN or any other account information is lost or stolen. You are responsible for all charges to your Majority Account until the Services are suspended and the Majority Account is blocked. You may terminate your Majority Account and cancel the Service at any time by contacting us. Rebtel takes no responsibility for your failure to comply with the obligations set out in this Section 1.5 “Unauthorized use, stolen device”.

1.6 Prohibited Use and Restrictions

You agree to use the Services only in such way that is permitted by these Terms of Service and the Majority Terms of Services (as applicable) and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. The list below provides examples of prohibited conduct and shall not be considered exhaustive – You may not and you agree not to:

• use the Services for any unlawful purpose, or in any manner inconsistent with the Terms of Service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Services or any operating system;

• infringe Rebtel’s intellectual property rights or those of any third party in relation to your use of the Services (to the extent that such use is not licensed by these Terms of Service);

• transmit any communications that is defamatory, offensive or otherwise objectionable in relation to your use of Services;

• use the Services for transmitting unsolicited communications (sometimes referred to as spam), or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;

• not use the Services in a way that could damage, disable, overburden, impair or compromise Rebtel’s or any third party’s systems or security or interfere with other users;

• collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;

• expose any third party to or use any material or content which infringe any third party’s intellectual property rights or violate the rights of any third party;

• expose any third party to any material or content which is illegal, offensive, indecent, harmful to minors, defamatory, racist, pornographic or otherwise, in Rebtel’s sole discretion, is objectionable;

• intercept or monitor, damage or modify any communication which is not intended for you;

• sell, assign, rent, lease, distribute, market, disclose, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to, the Services (or any part thereof);

• use the Services (or any part thereof) within or to provide commercial products or services to third parties (the foregoing shall not preclude you using the Services for your own business communications); and/or

• use the Services in any fraudulent way.

In relation to the Rebtel’s unlimited deals the following should be noted in particular. These deals offer unlimited outbound international calling services as set forth herein and in the App (note that third party fees may apply, see Section 1.4 “Third party services”). You acknowledge and agree that the Rebtel’s unlimited deals are intended only for normal, single-person and non-commercial use to regular landline and mobile numbers in certain applicable subscription countries (by way of example, special, premium, service and non-geographic numbers are excluded).

Not limiting the generality of the aforesaid, the following practices are always considered unauthorized use: re-selling subscription minutes; sharing subscriptions between users; using subscriptions for telemarketing or call-center operations; calling numbers (whether singly, sequentially or automatically) to generate income for yourself.

Unusual calling patterns inconsistent with normal, individual subscription use may also be considered unauthorized use. Rebtel reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Excessive conferencing or call forwarding, excessive numbers of regular calls of short duration, calls to multiple numbers in a short period of time, auto-dialing or fax/voice blasts, use without live dialogue and/or consistent excessive usage will be considered indicators of such unauthorized or excessive use.

In relation to the Mobile Top Up Services, you acknowledge that there may be maximum thresholds for the aggregate value that you may transfer at any given point in time.

You acknowledge and agree that, Rebtel may, at its sole opinion, immediately, without prior notice, suspend the Services, cancel your Majority Account and/or terminate the Terms of Service with you if Rebtel has reason to suspect that you (or your Majority Account) are using the Services in breach of the Terms of Service. The aforesaid does not limit any other rights that Rebtel may have under these Terms of Service or applicable law.

1.7 Submission of Information to Rebtel

You agree that any comments, suggestions, feedback, documents, content or other material or information provided, shared, published by you in connection with the use of the Services or otherwise in your contacts with Rebtel (including but not limited to, the use of blogs, forums and support websites) is provided on a non-proprietary, non-exclusive and non-confidential basis. You grant Rebtel a royalty-free, world-wide, transferable, sub-licensable, perpetual and irrevocable license to use any such material or information. You acknowledge that you are responsible for whatever material or information is provided by you, including its legality, reliability, appropriateness, originality and copyright.

1.8 Disclosure of Information

Rebtel reserves the right at all times to disclose any data or information (in any form) as Rebtel deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Rebtel’s sole discretion.

1.9 No Warranties

You expressly acknowledge and agree that the provision and use of the Services are at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Services are provided “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Services or that the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. No oral or written information or advice given by us shall create a warranty. Should the service cause any defects, you assume the entire cost of all necessary servicing, repair or correction. Additionally, you also understand that Rebtel cannot guarantee that information or communications transmitted in relation to the use of Services will not be subject to interception by law enforcement officials or other third parties.

1.10 Suspension and Interruption of the Services

Rebtel has the right, without any liability, to refuse to provide, restrict, limit, change, remove, disable, suspend and/or interfere or interrupt the Services or any part thereof, at any time and without any prior notice to you, for the repair, improvement, and/or upgrade of the Service, or for any of the reasons for termination set forth in the Terms of Service, or any corporate or business reason.

1.11 Content of Communication

The content of the communications made using the Services are entirely determined by the person from whom such content originates. You may therefore be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Rebtel will not be liable for any type of communication spread by means of the Services.

1.12 No Emergency Calls

The Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Rebtel is not liable in any manner for such calls. In the event that, with your permission, another person uses the Services through your Majority Account, you are responsible to inform that person that the Services do not support or carry emergency calls. You must ensure that you, or anyone using your Majority Account/Device, have alternative arrangements for making any such calls.

1.13 Phone Numbers Provided by Rebtel

Rebtel may, as part of the technical setup of the Services, pair you with one or more phone numbers. These phone numbers are shared by multiple Rebtel users. You expressly acknowledge and agree that this pairing of phone numbers with you shall not constitute a transfer of property or sale of numbering rights by Rebtel to you. As a result, you will not be entitled to claim any such rights to these phone numbers. This means, without limitation, that you may not port-out any such phone number to any third party or otherwise away from Rebtel.

1.14 Mobile Top Up Services

Rebtel provides you with the possibility to transfer pre-paid airtime value (for communication or data transmission capacity) to a phone subscription account registered on an end user with certain mobile networks operators in certain countries on the terms and conditions set forth on the Site or otherwise in these Terms of Service.

Within the App you will be able to purchase Mobile Top Up for transfer, in such denominations and amounts as are displayed in the user interface (from time to time), for transfer to the receiving end users. Please note that there may be maximum thresholds for the aggregate value that you may transfer at any given point in time. All values available for Mobile Top Up are stated VAT inclusive (if applicable) and inclusive of Rebtel’s service charges.

You are responsible for all transactions performed by use of your Majority Account. By completing the Mobile Top Up in the App, you authorize us to transfer the value as ordered by you to the mobile telephone number (the “MSISDN”) that you have identified. Rebtel will upon receipt of your order for Mobile Top Up make a reservation corresponding to the cost of the value and the transfer service to your Majority Account, and will upon successful completion of the Mobile Top Up, debit such cost to your Majority Account or connected credit or debit card. Funds received by Rebtel for Mobile Top Up do not constitute funds held on account for the user. Rebtel will commingle the funds with its own funds.

Once the Mobile Top Up has been successfully completed, which will be notified to you, the value transferred cannot be refunded or removed from the receiving MSISDN. Please note that Rebtel does not assume any liability should you send Mobile Top Up to the wrong MSISDN.

We will notify you if a Mobile Top Up transaction should not be successfully completed. A transaction can either (i) fail, meaning that the reservation of the charges to your Majority Account will be released, or (ii) be pending, meaning that the transaction is in progress (which may continue up to 24 hours) during which time the charge will remain reserved against your Majority Account (and no Mobile Top Up value will reach the receiver MSISDN).

Should it come to your knowledge that a Mobile Top Up initiated by you, the cost for which has been charged to your Majority Account, has not reached the MSISDN identified by you, you shall notify us within reasonable time and provide us with underlying documentation evidencing the cost which was debited your Majority Account, and identifying the MSISDN to which your ordered the Mobile Top Up.

2. CUSTOMER SERVICE

For customer service, please visit the help and support sections available in the App or on the Website or get in contact with our customer service agents by phone (available Monday through Friday 8:00AM – 6:00PM CDT and Saturdays 9:00AM – 5:00PM CDT) or by email.

Customer Service Email: [email protected]

Customer Service Number: +1 (855) 553 3388

3. RATES, PAYMENTS AND RECEIPTS

3.1 Applicable Rates and Payments

The rates for the Services are published in the App and/or the Website. Rebtel reserves the right to change the rates (offers, deals, plans or similar) at any time without notice. The new rates shall become effective immediately when published and shall apply to your next phone call or otherwise the next time you use the Services following the publication of the new rates. You agree that by continuing to use the Services you accept the new rates. If you do not wish to accept the new rates do not use the Services. No refunds are available.

Unless stated otherwise, all rates and charges for the Services shall be stated in United States dollar (USD) and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees. You shall be responsible for paying any and all VAT or any other taxes or fees applicable to the Services.

The Services /including airtime value for Mobile Top Up Services) are provided and charged on a pre-paid basis. In order to execute the purchases of the Services you shall pay Rebtel the rates (offers, deals, plans or similar) published form time-to-time in the App and/or on the Website. Payment shall be made by way of a corresponding amount to the purchase value is deducted from your Majority Account and transferred to Rebtel. You acknowledge and agree that by initiating a purchase you instruct and authorize us (without any further approvals needed) to, on your behalf, deduct the aforesaid amount from your Majority Account and transfer it to a bank account of Rebtel.

3.2 Minute Rounding

In relation to calling, the cost calculation will be based on the duration of your call. The measurement of call duration is based on one-minute increments, meaning that the duration of a call is rounded up to the next nearest full minute. Example: if you make a call that lasts for 7 minutes and 10 seconds, for billing purposes, the call will be rounded up to 8 minutes.

3.3 Refunds

Except as provided by law, all purchases are final and non-refundable. If you believe that Rebtel has charged you in error, you must provide a written request in English to our Customer Service within 90 days of such charge (for contact details see Section 2 above). No refunds will be given for any charges more than 90 days old. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. Rebtel reserves the right to deny repetitive refund requests.

3.4 Account and Receipt

In your Majority Account you will find certain information relating to your use of the Services, such as payments made, receipts and calling history (during a limited period) (“Account Records”). Please note that the Account Records are the only statement or your use of the Services or otherwise the activities relating to your Majority Account that will be provided to you. It is your responsibility to retain and save copies of your Account Records for future reference. Rebtel will use commercially reasonable efforts to correct any technical failures relating to the Account Records within a reasonable time. However, your inability to view the Account Records does not extend, or relieve you of, your obligation to pay any amounts owing to Rebtel.

4. TERMINATION AND SUSPENSION

The Terms of Service are effective until terminated by you or us. The Terms of Service may be terminated for any and all reasons, at any time and without prior notice.

You acknowledge and agree that Rebtel’s offer and provision of the Services to you are conditioned upon you remaining a Majority customer and otherwise being eligible to acquire the services from Majority; hence, the termination of the Majority Terms (or the suspension of the Majority services) has the immediate effect that also these Terms of Service are terminated (or the Services are suspended, as applicable).

You acknowledge and agree that we are under no obligation to provide the Services to you, and that we shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the Services and/or the Terms of Service.

On termination (for any reason) all rights granted to you under the Terms of Service shall cease immediately and you must immediately stop using the Services and otherwise cease with all activities authorized under the Terms of Service, including but not limited to, delete or remove the Software and other parts of the Services (where applicable) from all Devices, and immediately destroy all copies of the same then in your possession, custody or control. We shall execute the termination by preventing you to access your Majority Account and other parts of the Services.

5. MISCELLANEOUS

5.1 Assignment

Rebtel may assign all or part of the rights and/or obligations under the Terms of Service without notice to you. You may not assign any rights or obligations under the Terms of Service to any third party without the prior written consent of Rebtel.

5.2 Limitation of Liability

In no event shall Rebtel and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, be liable for any consequential, indirect, special, punitive or incidental damages, or damages for loss of money, data, goodwill, reputation, business information or business profits, business interruption, or other pecuniary loss, that result from the use of or inability to use the Services or otherwise arise under the Terms of Service, even if it has been advised of the possibility of such damages.

In any event, and without limiting the generality of this Section to the extent permitted by law, you agree that Rebtel’s total aggregate liability to you for any and all damages and losses that arise in connection with the use of or inability to use the Services, or otherwise relating to the Terms of Service, shall not in any circumstance exceed the amount actually paid by you to us for the Services during the five (5) month period preceding the date of the event giving rise to the relevant claim, however always subject to a maximum of three thousand (3 000) USD in aggregate.

5.3 Indemnity

You agree to indemnify, defend and hold harmless Rebtel and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, from any claim or demand or governmental investigation or enforcement action (including without limitation reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Services, your breach of the Terms of Service or your violation of any rights of another person or entity.

5.4 Applicable Law and Competent Court

The Terms of Service shall be governed by and construed in accordance with the laws of Sweden without giving effect to the conflict of laws or provisions of Sweden or your actual state or country of residence. Any dispute, controversy or claim arising out of or otherwise relating to the Terms of Service, your relationship with Rebtel, including any non-contractual obligations, shall be exclusively subject to the jurisdiction of and be settled by a Swedish court of general jurisdiction, where the District Court of Stockholm (Sw. Stockholms tingsrätt) shall be the court of first instance. Notwithstanding the foregoing, Rebtel shall be entitled to bring actions for injunctive relief in any court of competent jurisdiction.

5.5 Entire Agreement

The Terms of Service represent the entire agreement between you and Rebtel relating to the Services, and supersedes all prior offers, understandings, agreements and representations with respect to the Service or any other subject matter covered by the Terms of Service. For the avoidance of doubt, the aforesaid shall only apply to our relationship with you relating to your Majority Account, i.e. to you as being a customer of Majority USA, LLC. For the purpose of clarification, the Terms of Service supersede all promises made to you by our client services agents, representatives or employees. The Terms of Service may not be modified or amended except as described herein by Rebtel or otherwise with the written agreement of Rebtel.

If a court finds any provision of the Terms of Service to be invalid or unenforceable for any reason, the remainder of the Terms of Service shall continue in full force and effect.

If we fail to insist that you perform any of your obligations under the Terms of Service, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

5.6 Headings

Headings used in the Terms of Service are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.

5.7 Translations of the Terms of Service

The official version of the Terms of Service is in the English language. Any translations are provided merely for the convenience of the customers and shall not be legally binding. In the event of any conflict between the English language version and any translations, the English version shall prevail.

5.8 Ability to Contract

You hereby affirm that you are fully able and competent to enter into the Terms and Conditions, and to abide by and comply with the Terms and Conditions.

5.9 Force Majeure

You acknowledge and agree that if Rebtel is unable to provide the Services as a result of a force majeure event, Rebtel will not be in breach of any of its obligations towards you under the Terms of Service or otherwise. A force majeure event means any event beyond the reasonable control of Rebtel.

5.10 Communications Between Us

If these Terms of Service require you to provide notification to us in writing, such notice shall be sent to our Customer Service by email: [email protected]

Rebtel may, when sending any notices to you, use the email address registered with your Majority Account or otherwise provided to us in your contacts with us. Furthermore, you agree to the use of electronic communication in order to enter into agreements, place purchase orders and create records and provide, terms and conditions, policies and changes thereto.

Date last revised: October 22, 2020

B. Rebtel – Privacy Policy

We – Rebtel Networks AB, with address Jakobsbergsgatan 16, 111 44 Stockholm, Sweden and our affiliates – are committed to protecting your personal data and respecting your privacy. In this Privacy Policy, which apply to anyone using our services or otherwise interacting with us via the Majority mobile application and website (www.majority.com) (the “App” and “Website”), we describe how we collect and process your personal data. The Privacy Policy also describes your rights towards us and how to exercise them.

Please contact us at [email protected] should you have any questions about this Privacy Policy or in general regarding the processing of your personal data.

THIS PRIVACY POLICY IS RELEVANT FOR ANYONE VISITING THE WEBSITE, USING OUR SERVICES, PRODUCTS OR OTHERWISE INTERACTING WITH US. IT IS IMPORTANT THAT YOU READ AND UNDERSTAND OUR PRIVACY POLICY BEFORE USING OUR SERVICES AND PRODUCTS.

1. WHAT INFORMATION ABOUT YOU IS COLLECTED, HOW WILL WE USE IT AND HOW IS IT LEGAL FOR US TO DO SO?

We collect personal data in a variety of ways, such as when you visit the Website, download the App or other software, interact with electronic advertisement, use our services, make a purchase, contact us and use our customer portal.

Categories of personal data we may collect and process:

• Registration and account information: e.g. your phone number, name, email, profile picture, address and, password, time zone, language, currency.

• Device and connection information: We collect device and connection-specific information when you install, access, or use our services. This includes information like hardware model, operating system information, app version, browser information, and mobile network, connection information including phone number, mobile/phone operator or internet service provider, language and time zone, and IP, device operations information, and identifiers like device identifiers. When you install the App, you’ll also be asked to allow us access to your mobile device’s address book. A copy of the phone numbers, names and all your contacts (whether they are a Rebtel customer or not – but only name, phone number) will be collected in order for us to provide functionality and administer our services.

• Activity and usage information: e.g. information about your use of our services and other activities in relation to Rebtel, such as information about when you registered to use our services, how you use our services, items you purchase, the features you use, your services settings, the time, frequency, and duration of your activities and interactions (e.g. the phone numbers and/or other identification details of the calling and receiving party, the start time, call duration, messages, mobile money top-ups, delivery notices), log files, and diagnostic, crash, website, and performance logs and reports.

• Location Information: We collect device location information if you use our location features.

• Customer support and social media: If you use our Customer Support service, interacts with us on our social media channels or in any other way, we may keep a record of that interaction, including the correspondence such as copies of emails and your email address.

• Behavioral and tracking details: e.g. location data, behavioral patterns, personal preferences, IP-number, cookie identifiers, unique identifier of devices you use to access and use the services and our websites.

• Payment information: We collect billing details, name, address, email address, bank details and other financial information corresponding to your selected method of payment. However we will only store name, address, email and issuing bank (i.e. we don’t store payment card details).

The data that is collected we use for different purposes in accordance with the list below. Basically we use the data to provide, perform and improve our services. The legal ground for the processing is stated below.

2. SECURITY MEASURES FOR PERSONAL DATA

We process your personal data in accordance with applicable data protection legislation and regulations. To protect your personal data from unauthorized disclosure or access, misuse, loss, alteration or destruction we have implemented appropriate legal, technical and organizational security measures. The implemented security measures are created to ensure a level of security appropriate to the risks that are associated with our data processing activities. Should you have any questions related to our security measures please contact [email protected].

3. SHARING INFORMATION

We work with carefully selected third-party service providers (incl. affiliated companies) to operate, provide, improve, understand, customize, support, and market our services. For example, we work with companies to distribute our apps, provide infrastructure, delivery, supply location, prevent fraud or other criminal behaviour, storing data, process payments, help us understand how our services are used, market our services and customer support. In connection herewith, we may share personal data with these service providers and, in some cases, also receive personal data from them.

In addition, we may also share your personal data in the following situations: upon request we may provide authorities (for example the police and the tax authority) with personal data if we have a legal obligation to do so; in order to enforce or apply our Terms of Service and/or any other agreement with you; or to protect the rights, property, or safety of us, our users, or others; and finally in case of a sale of the assets of Rebtel or a group company or corporate restructuring or as a result of a change of control of Rebtel or a group company.

When sharing your data we are dedicated to make sure that the relevant third party shall have appropriate legal, technical and organizational measures to protect and safeguard the personal data in accordance with applicable data protection legislation, relevant supervisory authorities’ applicable regulations and guidelines regarding security of personal data and what is otherwise appropriate.

We promise to never sell your personal data to a third party unless we have your explicit permission to do so.

3.1 Transfer of Data to Third Countries

We are a Swedish company and we prefer to process your data within the EU/EEA. However, in certain cases we do process data outside the EU/EEA. Before processing data outside the EU/EEA we take reasonable measures to ensure that:

• the third party provides an adequate level of protection for personal data; or

• there are appropriate safeguards in place in accordance with applicable data protection legislation such as the EU

• Commission’s standard contractual clauses; or

• that we can rely on a specific derogation provided for under applicable data protection legislation.

4. COMMUNICATIONS AND NOTIFICATIONS

Rebtel may use your personal data to communicate with you. The communication may include messages about updates, faults, alerts and other types of issues relating to technical aspects and/or the usability of the services provided in the App and other parts of the services. Such communication is considered part of the service.

Occasionally we may ask you to provide information relating to your experiences of using our services which will be used to improve the quality and provision of the services in the future. You are under no obligations to provide any such information.

Rebtel may from time to time contact you by email, phone, SMS or through any other appropriate information channel to keep you up to date with news about Rebtel and the services, including new products, campaigns, promotions and payment methods.

If you don’t want to receive promotional messages from Rebtel you can unsubscribe by following the instructions in the promotional message you have received or by contacting our customer support at [email protected].

4.1 Promotional SMS Messages

We may occasionally send promotional SMS to you. To cancel these messages text STOP to the number you received the SMS from. If you want to join again, just let us know by sending an email to [email protected]and we will start sending promotional SMS to you again. As always message and data rates may apply for any messages sent to you from Rebtel and from you to Rebtel.

5. THIRD PARTY SITES

The Website andApp may contain links to websites of third parties. Please note that such linked websites are not under our control. If you want to learn more about how such third party treats personal data you are referred to any such third party’s own privacy policy. Our Privacy Policy applies solely to personal data that we receive or collect from you through the Website, the app, your use of our services and otherwise your interactions with Rebtel.

6. CHANGES TO THE PRIVACY POLICY

We are constantly innovating and looking for new ways to improve our services. We therefore reserve the right to update or modify this Privacy Policy at any time, with or without notice, to reflect such improvements or any other changes to our business or in order to comply with applicable data protection legislation.

Our Privacy Policy is always available in the App and on the Website so that you, at all times, can be aware of what personal data we collect, how and for what purpose the data is processed and under what circumstances such information may be shared. You are advised to review the Privacy Policy periodically so that you are aware of any modifications. If you do not agree with the terms of the Policy, you should not use the services.

7. DATA RETENTION

Collected personal data is kept for as long as it’s needed for us (however no longer than two years and 10 months after your account was closed) unless we are legally required to keep the data in our records for a longer period. When Rebtel saves data for other purposes than contractual obligations (for example to fulfil book keeping requirements or requirements to keep records of phone calls for lawful intercept) we only keep the data for as long as it’s necessary and legal for each purpose.

8. YOUR RIGHTS TO ACCESS, RECTIFICATION AND ERASURE

Under applicable data protection legislation you have the following rights in relation to personal data.

• Right to access – You have the right to obtain information from Rebtel about any personal data being processed about you and access to such data, if any.

• Right to rectification – You have the right to obtain the rectification of inaccurate personal data about yourself.

• Right to erasure (“the right to be forgotten”) – You have the right to obtain the erasure of data about you if the data is no longer necessary for the purpose it was collected for. There might be legal obligations for Rebtel to keep the data anyway, that stops Rebtel from immediately erasing the data. In that case we can block the data we are required to keep, from being used for other purposes than the fulfilment of the legal requirements or anonymize the data.

• Right to data portability – You have the right to receive your data in a portable and readily usable machine-readable format in order to transmit it to another entity without hindrance.

• Right not to be discriminated against – You have the right not to be discriminated against should you exercise your privacy rights, including the denial of the Rebtel services, charging you different rates for the services, providing you a different quality of services, or suggesting that you will receive a different rate for or quality of the Rebtel services. Please be aware that this right is balanced with our obligation to provide the Rebtel services to you.

If you would like to exercise the rights to your personal data or should you have any other questions in connection with this Privacy Policy, please contact us at [email protected].

Last updated: September 16, 2021