Working Terms – Klearcomm

Effective Date: [Insert Date, e.g., September 19, 2025]

Please read these Terms of Service (“ToS”) and all referenced materials carefully before using Klearcomm. By accessing and using the Klearcomm subscription service in any way, you agree to be bound by this ToS, including the warranty disclaimers, limitations of liability, and termination provisions below. If you do not agree to the terms, please leave the application immediately and do not use Klearcomm.

1. OverviewThese ToS govern your access to and use of Klearcomm, a subscription-based service provided by Vibrantec Inc. (“Vibrantec,” “we,” “us,” or “our”). Klearcomm helps users analyze communication styles and improve interactions through data insights. This ToS supplements the Master Service Agreement (MSA) and any applicable Order Form.

2. EligibilityYou must be at least 18 years old and have the legal capacity to enter into this ToS. By using Klearcomm, you represent that you meet these requirements.

3. Accounts and Access3.1 You may create an account to access Klearcomm. You are responsible for maintaining the confidentiality of your login credentials and for all activities under your account.3.2 We reserve the right to suspend or terminate your account for violations of this ToS.3.3 Klearcomm is provided “as is” and “as available.” We may modify, suspend, or discontinue features at any time.

4. Use of Klearcomm4.1 Permitted Use. Subject to this ToS, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use Klearcomm for your internal business purposes during your subscription term.4.2 Restrictions. You shall not: (a) copy, modify, or distribute Klearcomm; (b) reverse-engineer or access non-public elements; (c) use Klearcomm for illegal purposes; (d) interfere with its operation; or (e) exceed usage limits in your Order Form.4.3 User Content. You retain ownership of data you submit (“User Content”). You grant us a worldwide, royalty-free license to use User Content to provide and improve Klearcomm. You represent that your User Content does not violate third-party rights.

5. Fees and PaymentsFees are as specified in your Order Form. Payments are non-refundable. Late payments accrue interest at 1.5% per month. All fees exclude taxes, which you are responsible for.

6. Intellectual PropertyVibrantec Inc. owns all rights in Klearcomm, including software, data, and derivatives. You own your User Content, but we own aggregated, anonymized data derived from it.

7. ConfidentialityYou agree to protect our confidential information (e.g., proprietary algorithms) with reasonable care and not disclose it without our consent.

8. IndemnificationYou will indemnify us against claims arising from your use of Klearcomm or violation of this ToS. We will indemnify you against claims that Klearcomm infringes third-party IP rights.

9. Disclaimers and Limitations of Liability9.1 Klearcomm is provided “as is” without warranties, express or implied, including for accuracy or uninterrupted access.9.2 To the maximum extent permitted by law, we shall not be liable for indirect, incidental, or consequential damages. Our total liability shall not exceed fees paid by you in the prior 12 months.

10. Termination10.1 Your subscription renews automatically unless canceled. We may terminate for breach with 30 days’ notice.10.2 Upon termination, access ceases, and you must pay outstanding fees. Sections surviving termination include Fees, IP, Confidentiality, Indemnification, Disclaimers, and General.

11. Generala. Amendment; No Waiver. Vibrantec Inc. may update this ToS. Updates are posted at [Insert Link, e.g., https://www.vibrantec.com/tos] and effective the next business day. No delay in enforcement waives rights.b. Applicable Law. Governed by the laws of [Insert State/Country, e.g., Delaware, USA], without conflicts principles. Disputes resolved in [Insert Venue, e.g., courts of Wilmington, DE].c. Severability. Invalid provisions are replaced with valid ones matching intent; the rest remains effective.d. Notices. Sent to your account address or email. To us: Vibrantec Inc., [Insert Address].e. Entire Agreement. This ToS, MSA, and Order Forms constitute the full agreement, superseding priors.f. Assignment. You may not assign without our consent.g. Contract for Services. This is a services contract; UCC/UCITA does not apply. UN Convention on Contracts for the International Sale of Goods is excluded.h. Survival. Fees, IP, Confidentiality, Indemnification, Disclaimers, Termination, and General survive.

Klearcomm is free to try with your team. [Get Started Free]([Insert Link]).

Data Processing Agreement

Effective Date: [Insert Date, e.g., September 19, 2025]

This Data Processing Agreement (“DPA”) supplements the MSA and applies to processing of personal data under Klearcomm. It ensures compliance with GDPR, CCPA, and similar laws. Vibrantec Inc. acts as a data processor; you (Customer) as controller.

1. Definitions

• “Personal Data” means data relating to an identified or identifiable individual.

• “Processing” means any operation on Personal Data (e.g., collection, storage).

• Other terms as in the MSA.

2. Processing InstructionsVibrantec Inc. processes Personal Data only as instructed by Customer via the MSA/Order Form or this DPA. We may process for compliance with law or to provide Klearcomm.

3. Customer ObligationsCustomer ensures a lawful basis for processing, provides accurate Personal Data, and notifies us of data subject requests.

4. Vibrantec Obligations4.1 Implement technical/organizational measures to secure Personal Data (see Annex A).4.2 Not engage subprocessors without consent; list available on request.4.3 Assist with data subject rights (e.g., access, deletion) at Customer’s expense.4.4 Notify Customer of breaches without undue delay.

5. Data TransfersTransfers outside [Insert Jurisdiction, e.g., EEA] use Standard Contractual Clauses or adequacy decisions.

6. Audits and InspectionsCustomer may audit our compliance once per year, with reasonable notice.

7. Termination and ReturnUpon termination, we delete or return Personal Data as instructed, within 30 days.

8. LiabilityLiability as in MSA; each party liable for its breaches.

9. SubprocessingWe list approved subprocessors; changes notified 30 days in advance.

10. GeneralGoverned by MSA. Conflicts resolved in favor of this DPA. Entire agreement; amendments in writing.

Annex A: Security Measures

• Encryption: Data at rest/transit (AES-256).

• Access Controls: Role-based, multi-factor authentication.

• Monitoring: Regular vulnerability scans, incident response plan.

• Retention: Personal Data deleted per instructions or legal requirements.

• Training: Annual staff training on data protection.

Contact: Data Protection Officer: [Insert Name/Email].

Effective Date: [Insert Date, e.g., September 19, 2025]

Vibrantec Inc. (“we,” “us”) respects your privacy. This Privacy Policy explains how we collect, use, share, and protect information when you use Klearcomm. It supplements the MSA/ToS.

1. Information We Collect1.1 Personal Data: Account info (name, email, payment details), User Content (e.g., communication data for analysis).1.2 Usage Data: IP address, device info, interaction logs.1.3 Cookies: For analytics and functionality (e.g., session management). Opt-out via browser settings.

2. How We Use Information

• Provide/improve Klearcomm (e.g., generate insights).

• Communicate (e.g., updates, support).

• Analytics (anonymized).

• Legal compliance/marketing (with consent).

3. Sharing InformationWe share with: subprocessors (e.g., cloud providers), affiliates, or as required by law. No sale of Personal Data.

4. Data RetentionAs long as needed for services, or per legal requirements. Deleted upon request/termination.

5. Your RightsRequest access, correction, deletion, or portability. For CCPA: opt-out of “sales” (none occur). Contact us to exercise.

6. Privacy for UK/EU ResidentsCompliant with GDPR: Lawful basis (contract/consent); DPO available. Transfers use SCCs.

7. Children’s PrivacyKlearcomm is not for children under 16; no knowing collection.

8. SecurityReasonable measures (e.g., encryption), but no system is infallible.

9. ChangesUpdates posted here; continued use implies acceptance.

10. ContactPrivacy questions: [Insert Email, e.g., privacy@vibrantec.com]. For EU: [Insert DPO Details].

Partner Agreement (Sample Draft)

Effective Date: [Insert Date, e.g., September 19, 2025]

This Partner Agreement (“Agreement”) is between Vibrantec Inc., [Insert Address] (“Vibrantec”), and [Partner Name], [Partner Address] (“Partner”). It governs Partner’s promotion/integration of Klearcomm.

1. OverviewPartner promotes/resells Klearcomm to generate leads/revenue. Term: 1 year, auto-renewing.

2. Rights Granted2.1 Non-exclusive license to use Klearcomm marks for marketing.2.2 Access to partner portal for demos/integrations.2.3 Revenue share: [Insert %, e.g., 20%] of net fees from Partner-referred subscriptions.

3. Obligations3.1 Partner: Market ethically, comply with laws, report leads quarterly. Annual dues: [Insert Amount, e.g., $500].3.2 Vibrantec: Provide materials, track referrals, pay commissions monthly.

4. BrandingPartner guidelines: No misleading claims; approve materials in advance.

5. Confidentiality and IPProtect Vibrantec’s info; we own Klearcomm IP.

6. Termination30 days’ notice; for breach, immediate. Post-termination: Cease use, pay outstanding commissions.

7. LiabilityAs in MSA; mutual indemnity for breaches.

8. GeneralGoverned by [Insert Law]. Entire agreement; amendments in writing.

Signatures:Vibrantec: ____________________ Date: ______Partner: ____________________ Date: ______