THE COMMUNICATION PLATFORM BUILT FOR

Last Updated: October 23, 2025

Company: Temptera Limited (Registration No. 654313/ Record No. 39296537)

This Privacy Policy describes how Temptera Limited ("we," "us," or "our") collects, uses, and discloses information when you ("Customer" or "you") access our website, platform, and services (collectively, the "Services").

1. Our Role: Data Controller vs. Data Processor

Our role in processing personal data depends on the context.

As a Data Controller

We act as a Data Controller when we collect and process personal data for our own purposes. This includes:

• Account Information: Your name, email address, phone number, company name, and user credentials.
• Billing and Payment Information: Your billing address, credit card details, and payment history.
• Support and Communication Data: Information you provide when you contact our support team or communicate with us, including support tickets and email correspondence.
• Platform and Website Usage Data: Technical data, IP addresses, and analytics on how you interact with our website and account portal.

As a Data Processor

We act as a Data Processor when we process personal data on your behalf as part of your use of our Services. You are the Data Controller for this data, and you are solely responsible for its legality, security, and for obtaining all necessary end-user consents and permissions. The data we process on your behalf includes:

• Customer Content: The content of communications sent or received through our Services, such as the body of SMS messages or voice call recordings (if you enable this feature).
• Communications Metadata: Information about the communications, including originating and destination phone numbers, Sender IDs, timestamps, call duration, pricing information, delivery receipts (DLRs), and routing information.
• Data Submitted to AI Services: Any data, text, or content you provide as input to our AI Services for processing.

You, as the Data Controller, represent and warrant that you have obtained all necessary rights, permissions, and explicit consents from your end-users to process their data and to authorize us to process their data on your behalf in accordance with this Policy and our Terms of Use.

2. Data Processed for Specific Services

We process specific data to provide, bill for, and secure our Services.

Voice (DID Numbers & SIP Trunking)

To route calls, ensure quality, and bill for usage, we process:

• Call Detail Records (CDRs): Metadata including origination and destination numbers, timestamps, call duration, routing data, and pricing information.
• Voice Recordings: If you enable and use our call recording feature, we will process and store the audio recordings of your calls on your behalf and at your direction. You are solely responsible for obtaining all necessary consents for call recording under applicable laws.

We process this data to route calls through our network and the networks of our downstream carriers, to bill you for service usage, and to detect and prevent fraudulent activity.

SMS (OTP, Transactional, Promotional)

To send, receive, and deliver text messages, we process:

• Message Content: The text and media content of the messages you send or receive.
• Message Metadata: End-user phone numbers, Sender IDs, timestamps, delivery receipts (DLRs), and carrier routing information.

AI Services

Our AI Services (such as speech-to-text, sentiment analysis, or bot interactions) may be used to analyze, transcribe, or generate content based on your inputs.

• Data Ownership: You retain all right, title, and interest in and to all data, content, or information you provide to the AI Services ("Customer Data").
• Purpose Limitation: We will process Customer Data provided to our AI Services solely for the purpose of providing the AI Service to you.
• No Model Training: We will not use your Customer Data (such as SMS content, call transcriptions, or other inputs) to train or improve our own or any third-party general artificial intelligence models.
• Use of Customer Data for any purpose other than providing the contracted service to you is explicitly prohibited, unless you provide us with separate, explicit, and written consent to do so.

3. Data Sharing and Subprocessors

We do not sell your personal data. We only share data in the following limited circumstances:

• Downstream Carriers and Network Operators: We must share communications data (such as phone numbers, message content, and routing information) with third-party telecommunications providers, network operators, and SIP providers to terminate calls and deliver messages on your behalf.
• Service Providers (Subprocessors): We use third-party service providers to assist in our operations (e.g., payment processors, cloud hosting providers, customer support platforms).
• AI Subprocessors: Some of our AI Services may be powered by third-party AI providers. We will be transparent about the use of such providers and will ensure they are bound by contractual obligations consistent with this Policy, including the "No Model Training" clause.
• Legal Compliance: We may disclose information if required by law, subpoena, or other legal process, or to protect against fraud and to protect the safety and integrity of our platform.

We maintain an up-to-date list of our key subprocessors, which is available upon request or in your account portal. We will provide notice of any new subprocessors in accordance with our Data Processing Addendum (DPA).

4. Data Security and Retention

Security

We implement robust technical and organizational security measures to protect the data we process, including encryption in transit and at rest, network firewalls, and strict access controls.

Retention

We retain data for as long as necessary to provide the Services, comply with our legal obligations, resolve disputes, and enforce our agreements. Message content and call recordings are typically retained for a limited, defined period, after which they are securely deleted. Customers may be able to configure their own retention settings within the platform.

Last Updated: October 23, 2025

These Terms of Use ("Terms"), including the Acceptable Use Policy (AUP) referenced herein and incorporated by this reference, govern your access to and use of the [Your Company Name] ("we," "us," or "our") platform and services (collectively, the "Services").

These Terms are a binding legal agreement between Temptera Limited (Registration No. 654313/Record No. 39296537), a company registered in Cyprus, and you, the entity agreeing to these terms ("Customer" or "you").

By creating an account or using our Services, you agree to be bound by these Terms.

1. Customer Obligations (General)

• Responsibility for Use: You are fully responsible for all activity and traffic originating from your account, whether such activity is authorized by you or not.
• Account Security: You are solely responsible for maintaining the confidentiality and security of your account credentials, passwords, and API keys. You must notify us immediately of any unauthorized use of your account.
• Legal Compliance: You represent and warrant that you will comply with all applicable local, national, and international laws and regulations in connection with your use of the Services. This includes, but is not limited to, laws related to privacy, data protection, and telemarketing, such as the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the General Data Protection Regulation (GDPR), and any "Do Not Call" registry rules.
• Customer Consents: You represent and warrant that you have obtained all necessary approvals, permissions, and explicit consents from your end-users for the services you provide, including the transmission of their data through our Services.

2. Service-Specific Terms

2.1. Voice Services (DID & SIP Trunking)

• Emergency Services (911/E911): You acknowledge that our VoIP-based emergency calling services have inherent limitations compared to traditional phone services. You are solely responsible for providing and maintaining accurate, up-to-date physical location (address) data for all your assigned DID numbers to ensure proper E911 routing. You are prohibited from offering or purporting to offer any services that allow a user to connect with emergency services (e.g., 911, E911) unless explicitly contracted for and configured with us.
• Telephone Numbers (DIDs): You acknowledge that you have no ownership rights in any telephone numbers provided to you. You are granted a limited, revocable right to use them. We reserve the right to reclaim any number that is underutilized or if your account is suspended or terminated.
• Customer Equipment: You are responsible for providing, configuring, and maintaining all equipment (e.g., PBX, SBCs, IP phones) and internet connectivity necessary to connect to and use our Services.

2.2. SMS Services (All Types)

• Consent ("Opt-In"): You represent and warrant that you have obtained all necessary, explicit, and verifiable opt-in consent from every end-user before sending them any messages via our Services.
• Opt-Out: You must provide a clear, free, and fully functional mechanism for end-users to revoke consent (e.g., by replying "STOP"). You must honor all opt-out requests immediately.
• A2P Use Only: The Services are provided for Application-to-Person (A2P) commercial use only. Use of the Services for peer-to-peer (P2P) messaging, auto-dialing, or "blasting" for telemarketing is strictly prohibited.
• Carrier Compliance: You are solely responsible for all carrier-imposed fees, filtering, and compliance with all rules and requirements of telecommunications bodies, such as The Campaign Registry (TCR) for 10DLC traffic in the United States.

3. Acceptable Use Policy (AUP)

You may not use the Services for any illegal, fraudulent, or abusive purpose. The following is a non-exhaustive list of prohibited activities.

• Hacking & Security: Any attempt to gain unauthorized access to our systems or network. This includes, but is not limited to, any form of hacking, reverse-engineering, decompiling, penetration testing (without our express written permission), or launching Denial of Service (DoS) attacks.
• Malicious Content: Transmitting any content that is illegal, harassing, abusive, hateful, or that promotes violence or discrimination. This includes phishing, "spam," malware, spyware, or any content that impersonates another person or entity.
• Fraudulent Activity: Engaging in or facilitating International Revenue Sharing Fraud (IRSF), "Toll Fraud," or any other scheme designed to generate fraudulent charges.

4. Fraud, Artificially Inflated Traffic (AIT), and Customer Liability

This section is a material term of this Agreement.

• Definition of Fraudulent Traffic: We define Artificially Inflated Traffic (AIT) (also known as "SMS Pumping" or "Artificially Generated Traffic") as any traffic generated by automated or fraudulent means, including but not limited to bots, scripts, or any other method intended to artificially inflate traffic volumes. This activity most commonly targets web forms (like One-Time Password (OTP) or verification pages) to trigger a high volume of SMS messages to a range of phone numbers, generating revenue for the fraudster.
• Customer's Financial Liability: You are 100% financially liable for all charges, fees, and penalties resulting from all traffic originating from your account, including, without limitation, any fraudulent usage charges, AIT, or SMS Pumping. This applies regardless of whether you were aware of, or a victim of, the fraudulent activity.
• Customer's Responsibility for Fraud Prevention: You are ultimately and solely responsible for implementing your own safeguards to protect your account from fraud and abuse. We strongly recommend, and your failure to implement such measures may be considered negligence, that you implement robust security controls on your applications and systems, including:
  • Rate Limiting: Enforcing limits on your applications per IP address, device ID, and phone number.
  • Bot Detection: Using tools like CAPTCHA, browser challenges, or other mechanisms on your web forms and sign-up pages.
  • Phone Number Validation: Using a lookup service to check the validity and type (e.g., mobile vs. landline) of a phone number before sending a message.
  • OTP/Conversion Monitoring: Actively monitoring your OTP validation/conversion rates and triggering alerts for significant drops, which often indicates AIT.
  • Geographic Permissions: Blocking or restricting traffic to countries or number ranges that you do not reasonably expect to serve.

5. Suspension, Termination, and Fees

• Fees: You agree to pay all fees for your use of the Services, as specified in our pricing. You are responsible for all charges incurred on your account, including those resulting from fraud or AIT as described in Section 4.
• Suspension: We reserve the right to immediately suspend or restrict your account and access to the Services, without notice, if we suspect a violation of these Terms or any fraudulent or abusive activity.
• Termination: We may terminate your account for any material breach of these Terms.
• Liability for Fines: You are responsible for and agree to pay all fees, fines, and penalties (including any fines imposed on us by a telecommunications carrier or regulatory body) resulting from your traffic or any violation of these Terms or the AUP.