Terms & Conditions (“Terms”)

1 Description of Pharo

Pharo is an enterprise Go-To-Market (GTM) execution surface and platform providing WebRTC power dialing, automated campaign workflow creation, zero-margin data enrichment waterfalls, and GTM strategy testing environments.

2 Account Registration & Access

Customer must designate an administrative user to manage individual user accounts (“Authorised Users”). Customer is responsible for: (a) maintaining the confidentiality of access credentials, (b) ensuring only Authorised Users access the Service, and (c) all activities that occur under its registered accounts. Customer must immediately disable access for any individual who is no longer authorised.

3 Subscription Term, Call Credits, Pass-Through Fees & Billing

Subscription Term: Subscriptions are offered on a recurring basis (monthly or annually) as defined in Customer’s order form and auto-renew until canceled.

Fee Structure: Customer agrees to pay applicable SaaS seat subscriptions, usage-based telephony/call credits, and data enrichment fees. Data enrichment fees are passed through to Customer at raw vendor cost ($0.00 Mysa markup) as designated in the interface.

Payment & Invoicing: Fees are billable in advance or upon consumption (for usage credits) and are due within thirty (30) days of invoice date. All fees exclude taxes, which Customer is obligated to pay. Unpaid balances accrue late interest at 1.5% per month (or the maximum permitted by law). Mysa reserves the right to suspend Service for non-payment after written notice.

4 Licence Grant

Subject to these Terms and payment of applicable fees, Mysa grants Customer a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence for Authorised Users to access and use Pharo for Customer’s internal business operations during the subscription term.

5 Telephony Compliance & Acceptable Use

Regulatory Compliance: Customer warrants that its use of Pharo—including cold calling, messaging, and outreach—complies with all applicable local, state, federal, and international telemarketing and privacy laws, including the Telephone Consumer Protection Act (TCPA), Telemarketing Sales Rule, CAN-SPAM, GDPR, and STIR/SHAKEN caller ID standards.

Consent: Customer is solely responsible for ensuring it has obtained all necessary prior consents, legal bases, and opt-ins required to dial, message, or process data for contacts loaded into Pharo. Customer shall not use Pharo for illegal robocalling, caller ID spoofing, or prohibited harassment.

6 Restrictions

Customer shall not (and shall not permit third parties to): (i) frame, mirror, or copy any part of Pharo; (ii) resell, sublicense, rent, or distribute Pharo; (iii) reverse-engineer, decompile, or seek source code of the Service; (iv) build derivative works; (v) remove legal or proprietary notices; or (vi) run public benchmarking or competitive analysis without Mysa’s explicit written consent.

7 Modifications, Suspension & Termination

Mysa may update features from time to time but will not materially degrade core functionality during a paid subscription term. Mysa may suspend access immediately if required to mitigate security threats, legal non-compliance, or non-payment. Either party may terminate for an uncured material breach upon thirty (30) days’ written notice. Upon termination, Customer’s right to access Pharo ceases immediately.

8 Ownership, Telemetry & Data Rights

Intellectual Property: Mysa and its licensors retain all rights, title, and interest in and to Pharo, including all underlying technology and software. Customer retains ownership of all proprietary data uploaded to the Service (“Customer Data”).

Network Telemetry & Benchmarking: Customer grants Mysa a worldwide, royalty-free licence to process Customer Data solely to provide and improve the Service. Mysa may collect, aggregate, and de-identify technical usage metrics—including telecommunications outcome signals (e.g., SIP network connection codes)—to benchmark vendor quality, optimize network delivery, and operate the platform.

Feedback: Mysa may freely use any suggestions or feedback provided by Customer without obligation or compensation.

9 Confidentiality

Each party (“Recipient”) agrees to protect non-public “Confidential Information” disclosed by the other party (“Discloser”) using reasonable care. Recipient shall use Confidential Information solely to fulfill obligations under these Terms and shall not disclose it to third parties, except employees and agents bound by equivalent confidentiality duties. Obligations survive for three (3) years post-termination, and indefinitely for trade secrets.

10 Security & Data Protection

Mysa maintains industry-standard administrative, physical, and technical safeguards (including encryption in transit and at rest) designed to protect Customer Data against unauthorized access. Data processing is subject to Mysa’s Privacy Policy and applicable Data Processing Addendum (DPA).

11 Telephony & AI Feature Disclaimers

AI Outputs: Pharo incorporates artificial intelligence features to assist with research and campaign setup. AI-generated outputs are probabilistic and may contain inaccuracies; Customer is solely responsible for reviewing and verifying AI outputs prior to live reliance.

Telecom Delivery: Telephony connectivity depends on downstream carrier networks. Mysa does not guarantee uninterrupted line connections or 100% call delivery success.

12 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED, PHARO IS PROVIDED “AS IS” AND “AS AVAILABLE.” MYSA DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. MYSA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FULLY SECURE.

13 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MYSA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO PHARO WILL NOT EXCEED THE TOTAL FEES PAID BY CUSTOMER TO MYSA IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM. NEITHER PARTY WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, OR DATA, HOWEVER CAUSED.

14 Indemnification

Customer will defend, indemnify, and hold harmless Mysa, its affiliates, officers, directors, and employees against any third-party claims, liabilities, or legal costs arising out of or related to: (a) Customer Data, (b) Customer’s breach of telemarketing, communication, or privacy laws (including TCPA regulations), or (c) Customer’s use of Pharo in violation of these Terms.

15 Governing Law & Jurisdiction

These Terms are governed by the laws of the State of California, USA, without regard to choice of law rules. The parties consent to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California.

16 Miscellaneous

Severability: If any provision is deemed unenforceable, remaining provisions remain in full force.

Assignment: Neither party may assign these Terms without consent, except in connection with a merger, acquisition, or sale of substantially all assets.

Entire Agreement: These Terms, together with any order forms, Privacy Policy, and DPA, constitute the entire agreement between Mysa and Customer regarding Pharo.

17 Contact Information