FOR ICAUGHTYOU.COM PHONE SERVICE

This Customer Service Agreement (the “Agreement”) sets forth all the terms and conditions associated with your use of the services offered by or through iCaughtYou.com.

Online Acceptance:

Your online acceptance of this Agreement will have the same legal effect as if you were providing a handwritten signature of acceptance.

TERMS AND CONDITIONS

1. Services Provided

iCaughtYou.com offers you, among other things, the ability to learn who is calling you before answering a call, to record calls, to have voicemails transcribed, and to block all calls from selected callers simply by configuring your phone’s call forwarding service to redirect calls to our number and making changes to your account by logging in to your account at our Website (www.iCaughtYou.com) (the “Website”). iCaughtYou service requires a monthly or annual recurring subscription and does not require you to change your current telephone number or service provider. A complete list of iCaughtYou.com services can be found on the Website. NOTE: By using the voicemail transcription feature on our paid packages that include voicemail transcriptions where we will send you a text or email of your voicemails written out so you can read your voicemails instead of listening to them, you are authorizing iCaughtYou.com and its transcribers to access your voicemail box and listen to your personal voicemails. You can remove this consent at any time simply by logging in to your account and turning the transcription portion of the service off.

2. Acceptable Conduct

You agree to use the iCaughtYou.com services only for lawful purposes. You shall not transmit any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable material of any kind, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. iCaughtYou.com reserves the right to immediately and without notice suspend or terminate your Account and PIN in the event it determines that you have violated any such law or regulation, or any term or condition of this Agreement. We reserve the right to terminate your Account or use of the iCaughtYou service in the event of a violation of this policy, and to remove and discard any of your content stored within the service.

3. Legality of Call Recording

You may not use the recording capability of iCaughtYou unless you have determined that your use is legal. Before recording any call, you should check the laws of your country and state and the laws of any country or state in which a person you are calling is located in order to determine if you need the other party’s permission to record a call. Even if your state only requires the permission of one party, you may make calls to or receive calls from people located in countries and states that require the permission of both parties to record a call. If you record such a call without the knowledge and permission of the other person, you may be subject to criminal prosecution in the other state.

4. Conditional Call Forwarding, Voicemail and Other Incidental Charges

iCaughtYou.com’s technology is based on your phone’s conditional call-forwarding feature. Conditional call-forwarding operates by forwarding ALL busy and unanswered calls to iCaughtYou.com’s number for handling. By becoming a iCaughtYou.com customer, you acknowledge that the use of iCaughtYou.com’s service requires conditional-call forwarding and that iCaughtYou will use its own servers and voicemail system to record and transcribe your voicemails. In addition, depending on who your provider is, iCaughtYou may also forward your voicemails to your mobile service provider’s voicemail system. Depending on which plan you have chosen to subscribe to, iCaughtYou may also send you text alerts, such as for missed calls or voicemail transcriptions. You are solely responsible for any charges by your phone provider for using the conditional call-forwarding feature and any normal toll and/or long distance and plan minute usage or standard message and/or data rates that may apply.

5. Opening an Account

In order to become a iCaughtYou.com customer, you must complete an application form on the Website, or on our iPhone, Android, or BlackBerry mobile apps, for a iCaughtYou.com account (“Account”) and will need to provide a valid credit card number. As part of the application, you will be provided with a PIN number to access your account. iCaughtYou.com will then send you an electronic notification confirming that you have become a iCaughtYou.com customer. The electronic notification may also provide you with your unique PIN, which you must use when accessing iCaughtYou.com.

6. Personal Identification Numbers

YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PIN AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT USING YOUR PIN WHETHER OR NOT YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account, and/or PIN are being used in an unauthorized manner, you agree to contact iCaughtYou.com within one calendar day so that appropriate action can be taken to modify your Account. Please be aware that account information will be sent to the email address that you have provided to iCaughtYou.com. Therefore, you should use a secure email address. iCaughtYou.com is not responsible for the actions of any person that accesses that email account. Please note that you are responsible for any and all charges to your account and that iCaughtYou.com cannot be held responsible for fraudulent charges that result from theft or fraudulent use of your credit card or PIN.

7. Payment

Certain iCaughtYou Services are provided for free. OTHER iCaughtYou.com SERVICES ARE PROVIDED ON A PREPAID BASIS ONLY. As you use iCaughtYou.com’s services, your Account will be debited accordingly. No services will be provided if your Account does not have a sufficient balance to cover the cost of the service.

8. Rates

iCaughtYou.com’s rates are listed on its Website and are incorporated by reference herein. You are responsible for checking all applicable rates/promotions before using iCaughtYou.com’s services. Subject to the provisions of Paragraph No. 15 below, iCaughtYou.com reserves the right, at its sole discretion, to modify its rates at any time and/or to offer special promotions. iCaughtYou.com’s rate structure is clearly outlined in the COSTS section of the iCaughtYou.com sign up page, located at https://app.icaughtyou.com/sign-up. iCaughtYou.com reserves the right to pass any new government taxes, fees or surcharges on to customers by changing its rates.

9. Billing Information

iCaughtYou.com does not send invoices to its customers. Instead, you have confidential access to your billing information – for the current month and the prior three months only – on the Website. You are responsible for printing out your monthly statements, and iCaughtYou.com will not provide monthly invoices other than those available online.

10. Billing Disputes

You must notify iCaughtYou.com by e-mail of any disputed charges within thirty (30) days of the charge being posted to your Account. iCaughtYou.com will attempt to resolve all disputes within thirty (30) days of being notified of a dispute. To the extent iCaughtYou.com determines, at its sole discretion, that a billing adjustment is warranted, your Account will be credited accordingly. If you fail to notify iCaughtYou.com of a billing dispute as noted above, you will waive all rights to bring any claim regarding the disputed charges.

11. Email Notification

You are responsible for maintaining a current and operational email address and for reading email from iCaughtYou.com so that we can notify you of updates to iCaughtYou.com’s service and any customer account information.

12. Consent to Communications

By entering into this agreement, you consent to the receipt of electronic mail (“e-mail”) from iCaughtYou.com and customer service phone communication. In addition to sending you e-mail notifications as provided for above, iCaughtYou.com may also send you e-mails about services and products we believe may be of interest to you. You may opt out of future e-mails about products or services by contacting us by e-mail at support@icaughtyou.com. iCaughtYou.com reserves the right, however, to continue to contact you regarding important information relating to your account or this agreement.

13. Ownership of Account

iCaughtYou.com recognizes the person whose name is listed on the Account as the sole owner of the Account, even where payment on the Account is made using the credit card of a parent or other person.

14. Acceptable Use

iCaughtYou.com is a personal use service and not intended for commercial use. It is engineered to process information for typical phone usage. iCaughtYou.com may monitor your usage of the subscription plan and if it concludes that you are using a personal account for commercial purposes, it may, at its discretion, discontinue service or work with you to fashion a custom solution. There is no specific minimum that will trigger an investigation into commercial usage, and any usage over 50 Unmasked Blocked Calls a month will be deemed commercial usage and subject to service discontinuance without any further inquiry. “Unmasked Blocked Calls” is defined as the use of the iCaughtYou.com system revealing phone numbers that are forwarded from a subscribers phone.

Impermissible Use

iCaughtYou evaluates customer usage in comparison to typical levels of permissible usage engaged in by legitimate customers (mobile subscribers, residential subscribers, average mobile small business usage).

Each of the following is impermissible under iCaughtYou’s unlimited plans and considered outside of normal usage.

• Forwarding calls from a call center to an iCaughtYou account
• Auto-dialing to an iCaughtYou account.

15. Payment, Refunds, Upgrading and Downgrading Terms

• A valid credit card is required to sign up for services that involve monthly and annual subscription fees.
• If you initially signed up during a free trial period, and you cancel before the trial period has expired, you will not be charged. Trial periods are only offered as a promotion from time to time. If you were not offered a trial period during your sign up, you will be charged upon creating your account.
• The service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, service upgrades or downgrade refunds, or periods when the account holder does not use the service. In order to treat everyone equally, no exceptions will be made.
• All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities directly on the services, and you shall be responsible for payment of all such taxes, levies, or duties.
• For any upgrade in plan level, the credit card that you provided will automatically be charged at a pro-rate for the difference. For downgrades, you will continue to keep the same level of service you prepaid for and be downgraded and charged at the new plan rate on the next billing cycle.

16. Cancellation

You may discontinue service at any time by logging into your iCaughtYou.com Account and visiting the Cancel Account page. We will then shut down access to your Account. You will not be entitled to any refund of the unused balance in your Account if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service. You are also responsible for properly deactivating iCaughtYou from your handset after cancellation as provided in the cancellation instructions when you log in to the Website to cancel your account.

17. Services Modification

We reserve the right to modify or discontinue, temporarily or permanently, iCaughtYou’s services, with or without notice to users. However, when possible, we will attempt to contact you to notify you of any modifications to the iCaughtYou service.

18. Termination

iCaughtYou.com reserves the right, at its sole discretion and for any reason, to (a) terminate this agreement and your access to its services, upon five (5) days electronic notice and/or (b) to refuse to allow you to recharge your Account. If fraud is suspected, iCaughtYou.com has the right to put an Account immediately on hold until further investigation takes place.

19. Disclaimer

Links to other web sites may at times be provided for your enjoyment, but iCaughtYou.com accepts no responsibility or liability for access to or the material on any web site that is linked from or to this web site. By providing links to other sites, iCaughtYou.com does not guarantee, approve or endorse the information or products available at those sites, nor does a link indicate any association with or endorsement of the linked site by iCaughtYou.com.

20. Limitation of Liability

iCaughtYou.com SHALL NOT BE LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES FURNISHED PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN TRANSMITTING, RECEIVING, ORIGINATING, TERMINATING AND/OR DELIVERING TELEPHONE CALLS, REGARDLESS OF THE NATURE OF THE CLAIM. iCaughtYou.com SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR LOSS OF PROFIT OR REVENUES, EVEN IF iCaughtYou.com HAS BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. iCaughtYou.com IS NOT LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR INABILITY TO ACCESS, OR YOUR DIFFICULTY IN ACCESSING, ITS SERVICES. iCaughtYou.com SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS AND ACCESSED THROUGH THE WEBSITE OR BY ANY OTHER MEANS.

21. No Warranties

iCaughtYou.com DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, WITH REGARD TO THE MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PUPOSE OF ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT.

22. Force Majeure

iCaughtYou.com shall not be liable for its failure to perform any of its obligations under this Agreement if such failure is the result of a force majeure, including but not limited to acts of God, fire, strikes, explosions, power failure, earthquake, flood, water, labor disputes, terrorism, failure of any satellite or other connecting telecommunications facilities, or any other matter beyond the reasonable control of iCaughtYou.com.

23. Indemnity

You agree to indemnify, defend and hold iCaughtYou.com, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers to the Website, harmless from and against all claims, actions, proceedings, expenses, damages and liabilities, including attorneys fees, which are the result of, or are in any way related to, your use of the Website or iCaughtYou.com’s services, including use in transactions or communications with third parties.

24. Arbitration

All disputes, claims and/or controversies, including but not limited to billing disputes, matters of construction, interpretation and/or enforcement, arising out of or in any way connected to this agreement shall be submitted for final and binding resolution to a single arbitrator selected in accordance with the rules of the American Arbitration Association. The arbitration shall take place in New York, New York. The award rendered by the arbitrator may be entered as a judgment in any court of competent jurisdiction. The cost of the arbitration and the attorneys’ fees of the prevailing party shall be assessed against the party against whom the award is rendered.

25. Modifications/Amendments

This agreement may be modified or amended by iCaughtYou.com at any time. Unless otherwise provided, all such modifications or amendments shall be effective immediately upon posting on the Website. Furthermore, you will be asked to verify acceptance of these terms when you sign up and recharge your account. YOUR CONTINUED USE OF YOUR ACCOUNT AFTER RECEIVING THE NOTICE WILL BE CONCLUSIVELY DEEMED TO BE ACCEPTANCE OF ANY SUCH MODIFICATIONS.

26. Trademarks

All corporate names, service marks, logos, trade names, trademarks, websites and domain names of iCaughtYou.com (collectively “Marks”), including but not limited to “iCaughtYou.com” are and shall remain the exclusive property of iCaughtYou.com and nothing in this agreement shall grant you the license to use such Marks without the express written permission of iCaughtYou.com. iCaughtYou.com retains ownership and all rights to the iCaughtYou.com name, logo, software, databases, reports, web site, and information. iCaughtYou.com reserves the right to restrict the use of its name, system, logo, software, lists, databases, reports, and any information created or obtained by iCaughtYou.com. However, each individual user has the right to use the iCaughtYou.com name on their site to further promote the iCaughtYou.com service to the Internet community at large if they so wish.

27. Severability

If any provision of this agreement is held to be invalid, illegal or unenforceable, the remaining provisions will of this agreement will continue in full force and effect.

28. Integration – Entire Agreement

This agreement, together with any written amendments or modifications, constitutes the entire agreement between you and iCaughtYou.com with respect to the services provided hereunder. It supersedes and replaces all prior or contemporaneous understandings or agreements, written, electronic or oral, between you and iCaughtYou.com.

29. Governing Law

This agreement, and all modifications/amendments thereto, shall be governed by the law of the State of New York, without giving effect to its conflicts of laws principles.