Terms of Service for Nekstum UAB (this “Agreement”): This is a legal agreement between you (either an individual or an entity that you are representing, hereinafter “you”) and Nekstum UAB and its suppliers and licensors (collectively “Nekstum UAB”) for the Nekstum UAB Services (the “Service” or “Services”).

If you are an individual entering into this Agreement on behalf of an entity that you are representing, you represent and warrant that you have sufficient and appropriate authority to bind said entity and are competent to do so.

Any of the following actions constitutes, without limitation or qualification, your approval to be bound by, and to comply with, the terms of this Agreement: (i) Your registering for Service anywhere on a Nekstum UAB website and selecting “I Accept” or “I Agree” as part of the registration process; (ii) Your electronic or physical signature on a Nekstum UAB Order Form; or (iii) Your use of the Nekstum UAB Service.

IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, THEN DO NOT DOWNLOAD, INSTALL OR USE THE NEKSTUM UAB SERVICES.

Company Name: Nekstum UAB

Operational Address: Mau iuvio g. 17-4, Nairi k., Pasvalio r. LT-39380 Lithuania

Phone Number: 0 800 80 807

Įmonės Kodas: 306661844

Company Email: fin@nekstum.com

PAYMENT & SERVICES

1.1 Automatic Monthly Billing. The Services are billed on a monthly basis with an automatic monthly renewal unless you cancel your service in accordance with Section 2 below. You agree to pay Nekstum UAB the recurring monthly service charges, set-up charges, and usage charges, if applicable, for your use of the Services plus any applicable taxes and fees as set forth in Section 1.5 below.

1.2 Usage Based Fees. You may select a per-minute billing plan for certain Nekstum UAB Services. Calls under this plan, international calls, and all usage-based fees are billed in real-time with the computed cost deducted from your prepaid account balance after each call is completed. Nekstum UAB may allow usage-based fees to be billed in arrears in accordance with Section 1.9 below.

1.3 Payment Processing. You agree to provide us with a valid email address and a valid payment method and comply with all KYC (Know Your Customer) requirements before using any of our products. You must notify us immediately if your email address or payment method changes or expires. Failure to comply may result in the immediate termination of Services. You authorize Nekstum UAB to automatically charge the payment method you provided if you are not a prepaid customer, until you cancel the Services in accordance with Section 2 below. All payments and transfers are final and non-refundable.

1.4 Fee Payments & Late Charges. Except for usage-based fees, all fees are due in advance on the first day of each billing period. All usage-based charges (including charges for calls to overseas destinations and international calls) and calls billed on a per-minute plan are due and payable in real-time from your prepaid account balance immediately after each call concludes. Failure to pay in full will result in immediate account suspension, and Nekstum UAB shall have no liability for such suspension. Accounts will be reactivated, at Nekstum UAB’s sole discretion, only when the account balance is paid in full and a reconnection fee is paid. During any suspension for non-payment, Services will not be available to you until the account balance is paid in full.

1.5 Taxes. Prices for the Services do not include any customs duties, sales, use, value-added, excise, federal, state, local, public utility, universal service, or other similar taxes. All such taxes shall be paid by you and will be added to any amounts charged for service unless you provide Nekstum UAB with an appropriate exemption certificate.

1.6 Invoice Discrepancies & Currency Conversion. All invoices are available for viewing and downloading online via the Nekstum UAB user portal only. You agree to notify Nekstum UAB about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to Nekstum UAB’s attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. All transactions are charged in euros (EUR). Please remember that orders placed with us will be converted from EUR to your currency by your financial institution when they process the transaction. Nekstum UAB cannot be held responsible for any adverse currency fluctuations.

1.7 Release of Numbers. You acknowledge that in the event of any account termination or cancellation, all telephone numbers associated with your account are released and may not be available to you upon your reactivation. Similarly, canceling individual services with associated telephone numbers will result in the release of such numbers. You acknowledge that it is your responsibility to work with a third-party provider to port out those numbers prior to your termination or cancellation of your account or services. A fee may apply for each number ported out of the Nekstum UAB network.

1.8 Unlimited Voice Services. Unlimited voice services are provided solely for the live dialogue between two individuals. Unlimited voice services may not be used for conference calling, call forwarding, monitoring services, data transmissions, or any other means that does not consist of uninterrupted live dialogue between two individuals. If Nekstum UAB finds that you are using unlimited voice service offerings for purposes other than live dialogue, Nekstum UAB may terminate your service or change your plan to one without unlimited usage components. Unlimited calling applies only to calls made within Europe. Calls to overseas destinations and all non-European international calls are subject to additional usage-based charges.

1.9 International Calls and Postpaid Usage-Based Fees. Calls to international destinations are disabled by default and may be activated upon your request. Activation of international calling may require a minimum deposit and some additional processing. The current international calling rates can be found on our website or by contacting Nekstum UAB Customer Care; AND ARE SUBJECT TO CHANGE FROM TIME TO TIME WITHOUT NOTICE.

1.10 Customer Premises Equipment Security. The customer is responsible for securing all credentials used to access the Services, including those used by telephones, gateways, adapters, softphones, or other devices (the “Devices”). Placing Devices on a publicly accessible Internet Protocol address or an unsecured network will expose the Customer to a higher risk of fraudulent activity. The customer bears the risk of loss arising from any unauthorized or fraudulent usage of the Services.

1.11 Toll-Free Rates. Toll-Free inbound calls will be rated according to a flat rate per minute or specified rate schedule, except for calls originating from specific territories which may incur additional charges.

1.12 Payphone Surcharge. Inbound calls from payphones are subject to a charge per call, passed directly to the customer.

1.13 Ancillary Services. Services related to caller ID and name identification are based on availability and will not incur fees without notifying the customer.

1.14 Call Recording. While some Services have the functionality to record calls, it is your responsibility to adhere to all applicable laws regarding call recording. Nekstum UAB accepts no liability for misuse of this function.

1.15 Service Technical Requirements. The Services necessitate a high-performance, adequately configured broadband IP network. Incompatibility with the Services may lead to issues such as unavailability or underperformance.

1.16 Notices from Nekstum UAB. Notices may be provided through various means including written documents, email, voicemail, or publications on the nekstum.com website.

CANCELLATION OF SERVICES

You may cancel the Services upon thirty (30) days prior notice by emailing a cancellation request to fin@nekstum.com. You will receive email confirmation of your cancellation request and of the actual cancellation. Failure to follow this process will result in ongoing service fees. You will not receive a refund or partial refund for any charges already billed. If you have a remaining balance in your prepaid customer account, it will be refunded to your payment method currently on file.

INITIAL TERM AND RENEWAL

The Initial Term starts on the day Nekstum UAB activates your Services. Upon expiration, the Services will automatically renew for successive periods unless either party give notice of non-renewal at least thirty (30) days before the end of the Initial Term or the current Renewal Term.

NEKSTUM UAB RIGHT TO TERMINATE OR MODIFY SERVICES

You acknowledge that Nekstum UAB is under no obligation to maintain or customize features or Services. Changes may occur at Nekstum UAB’s discretion, but core features will not be reduced without a 30-day notice.

SERVICE USE RESTRICTIONS

5.1 Compliance with Laws. You agree to only use the Services in compliance with applicable laws in your jurisdiction, including those related to copyright, call recording, monitoring, and telemarketing. Nekstum UAB may provide compliance guidelines, but you bear sole responsibility for adherence.

5.2 Fair Use. You agree to refrain from abusive practices that disrupt the network integrity of Nekstum UAB services. You will not use Services for purposes inconsistent with typical business usage, and Nekstum UAB reserves the right to terminate service if excessive use is detected.

PERSONAL INFORMATION AND PRIVACY

Nekstum UAB utilizes the public internet for voice and data services, and as such, cannot guarantee security. Your personal information will be used in accordance with the Nekstum UAB Privacy Policy and will not be shared without proper authorization unless required by law.

E-MAIL NOTIFICATION

Nekstum UAB may send you emails about new Services and changes. You agree to receive such communications as part of your subscription.

PORTED TELEPHONE NUMBERS ON SERVICE DISCONNECTION

You may be able to port your telephone number(s) to another service provider, but you remain responsible for all charges and fees until your cancellation is communicated in accordance with Section 2. A port-out fee may apply for each number.

EQUIPMENT ACQUISITION AND RETURNS

Equipment acquired from Nekstum UAB is final sale and not eligible for return, except at Nekstum UAB’s sole discretion. You assume liability for return shipping charges and any damage during transit.

DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY

Services are provided “as-is” without warranties. Nekstum UAB is not liable for any direct or indirect damages arising from the use or inability to use the services. Limitation of liability caps at the lower of €500 or the amount paid in the last six months.

INDEMNIFICATION

You agree to indemnify Nekstum UAB from any claims or damages arising from your violation of this Agreement.

AMENDMENTS

This Agreement may be amended only in writing. Nekstum UAB may update this Agreement periodically with notice.

ASSIGNMENT

Nekstum UAB may assign its rights without notice. You may not assign the Agreement without prior written consent.

COMPLETE AGREEMENT

This document constitutes the complete agreement between both parties. If any provision is held unenforceable, the remaining provisions shall survive.

EMERGENCY SERVICES

Nekstum UAB 911 dialing may differ from traditional services, and further details can be found in the E911 Disclosure on our website.

CONSENT TO USE OF ELECTRONIC SIGNATURES AND RECORDS

You consent to electronic transactions and agreements by agreeing to these terms.

GOVERNING LAW

This Agreement shall be governed by the laws of the Republic of Lithuania without regard to conflicts-of-law principles.