View www.spore-earthwise.com for additional privacy policy and TOS

Privacy Policy

1. Earthwise uses Spore, a digital product of Earthwise LLC ("we," "us," "our") provides a business communication platform that allows organizations (our "Business Customers") to manage and send SMS messages to their contacts. We act as a data processor, processing personal data on behalf of the Business Customers who use our services to communicate with their respective contacts ("End Users").

2. Scope & Purpose Data Categories: The primary data we process includes End User phone numbers, message content, timestamps, and other metadata necessary to send and track SMS. Purposes: This data is used exclusively to deliver SMS on behalf of our Business Customers, maintain communication logs, and fulfill legal or regulatory obligations.

3. Business Customer Responsibilities If you are a Business Customer, you agree to: • Obtain valid consent from End Users for SMS communications as required by applicable laws (e.g., TCPA in the U.S.) • Maintain your own Privacy Policy that clearly discloses data sharing with service providers like Spore • Comply with relevant laws and regulations, including data protection and consumer protection laws • Upload only the contact information for individuals who have expressly opted in • Retain proof of consent and keep records of the data you collect and share

4. Data Processing & Storage As a data processor, we: • Process contact information provided by Business Customers solely for authorized SMS communications • Do not collect End User information independently • Implement industry-standard security measures to protect data • Maintain records of message delivery, opt-outs, and related information Sub-Processors: We may share data with trusted third-party service providers (e.g., SMS gateways, hosting providers) solely to deliver or support our SMS service.

5. End User Rights & Choices • Opt-Out: Reply STOP to any SMS to opt out of future messages • Help: Reply HELP for support instructions • Your contact information was provided by a Business Customer you've interacted with • Contact the Business Customer directly for data access or deletion requests

6. Message & Data Rates; Frequency • Message & Data Rates may apply based on your mobile phone plan • Message Frequency varies by Business Customer campaign

7. Data Protection & Retention Security: • Data encryption in transit and at rest • No selling or renting of contact information • Secure facilities and access controls Retention: • Message Logs & Delivery Receipts: 12 months • Contact Information: Duration of business relationship • Opt-Out Records: Indefinitely • Inactive Account Data: Purged after 24 months

8. International Data Transfers Our services are hosted in the United States. Data may be transferred to and processed in the U.S. or other countries where our service providers operate. We use appropriate safeguards for international transfers.

9. Children's Privacy Our services are not directed at children under 13. We do not knowingly collect their information. Business Customers must not upload data for individuals under 13.

10. Regulatory Compliance We comply with: • Telephone Consumer Protection Act (TCPA) • General Data Protection Regulation (GDPR) • California Consumer Privacy Act (CCPA) • CAN-SPAM Act Business Customers must comply with all applicable laws in their jurisdictions.

11. Changes to This Policy We will notify Business Customers of material changes via email or in-app notifications and update the "Last Updated" date.

12. Contact Information • Privacy Inquiries: privacy@spore-earthwise.com • Technical Support: support@spore-earthwise.com

Last updated: February 22, 2025


Terms of Service

1. Acceptance of Terms By accessing or using Spore, a digital product of Earthwise LLC ("we," "us," "our"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree to these terms, do not use our services. These Terms of Service constitute a legally binding agreement between you and Earthwise LLC. If you are using our services on behalf of an organization, you represent and warrant that you have authority to bind that organization to these terms.

2. Description of Service Spore provides a business communication platform that enables organizations to manage and send SMS messages. Our services include: • SMS message composition and sending • Contact management and organization • Message delivery tracking and analytics • Opt-out management and compliance tools • API access for integration with your systems We reserve the right to modify, suspend, or discontinue any part of the service at any time with notice to you. Changes will not affect messages already in queue for delivery.

3. Business Customer Obligations As a Business Customer, you agree to: Message Compliance: • Comply with all applicable laws and regulations, including TCPA, CTIA, and carrier requirements • Obtain and maintain proper consent from message recipients before sending messages • Honor opt-out requests immediately and maintain opt-out records • Not send messages outside of permitted hours (8:00 AM to 9:00 PM recipient local time) • Register your brand and campaigns with The Campaign Registry when required Content Requirements: • Not send spam, phishing, or unsolicited messages • Not transmit harmful content or malware • Include clear identification of your business in messages • Include opt-out instructions in required messages Account Management: • Maintain accurate account and billing information • Keep secure and confidential any API keys or access credentials • Pay all fees associated with your use of the service • Maintain accurate records of consent and messaging activity Technical Requirements: • Not exceed rate limits or volume restrictions • Not attempt to circumvent platform limitations or restrictions • Implement proper error handling in your integrations

4. Acceptable Use You may not use our services to: • Violate any laws or regulations • Send unsolicited messages (spam) • Harass, abuse, or harm others • Impersonate others or provide false information • Interfere with the operation of our services

5. Service Fees and Payment Pricing and Payment: • Fees are based on your selected plan and actual usage • Message credits expire after 12 months if unused • All fees are exclusive of applicable taxes and carrier fees • Payments are non-refundable unless required by law • We may change our fees with 30 days advance notice Billing: • You will be billed monthly for usage-based fees • Subscription fees are billed in advance • Payment is due within 30 days of invoice date • Late payments may result in service suspension Disputes: • Billing disputes must be reported within 60 days • You agree to pay undisputed portions while disputes are resolved • We reserve the right to charge interest on late payments

6. Data Privacy and Security Data Processing: • We process data as described in our Privacy Policy • You retain ownership of your data and content • You grant us necessary rights to process data to provide services • We may aggregate anonymized data for platform improvements Security Measures: • We implement industry-standard security controls • Data is encrypted in transit and at rest • Access to systems is strictly controlled and audited • We maintain security incident response procedures Your Responsibilities: • Maintain security of your account credentials • Implement secure data handling in your systems • Report any security incidents promptly • Obtain necessary rights to share data with us Compliance: • We maintain compliance with SOC 2 standards • We assist with your compliance requirements • We provide tools for data subject rights management

7. Service Availability and Support Service Levels: • We target 99.9% uptime, excluding scheduled maintenance • No guarantee of 100% message delivery due to carrier factors • API endpoints have specific rate limits and quotas • Performance metrics are available in your dashboard Support: • Standard support is provided via email during business hours • Premium support plans available for purchase • Emergency support for critical issues • Self-service documentation and resources provided Maintenance: • Scheduled maintenance announced 48 hours in advance • Emergency maintenance may occur with shorter notice • Maintenance typically scheduled during low-usage periods • Status updates provided during maintenance windows

8. Intellectual Property • We retain all rights to our platform and technology • You retain all rights to your content and data • You grant us license to process your data to provide our services

9. Limitation of Liability Liability Caps: • Our total liability is limited to fees paid in the last 12 months • Individual incident liability capped at monthly fee amount • No liability for free tier or trial usage Excluded Damages: • No liability for indirect or consequential damages • No liability for lost profits or business opportunities • No liability for data loss or corruption • No liability for third-party carrier issues Service Warranty: • Services provided "as is" without warranty • No guarantee of uninterrupted or error-free operation • No warranty of fitness for particular purpose • Carrier delivery issues beyond our control Force Majeure: • No liability for events beyond reasonable control • Including natural disasters, pandemics, war, civil unrest • Including carrier network issues or regulatory changes

10. Term and Termination Term: • Agreement continues until terminated • Minimum term may apply to certain plans • Renewal terms specified in your service order Termination: • Either party may terminate with 30 days written notice • Immediate termination for material breach • We may suspend service for terms violations • We may terminate if service is discontinued Effect of Termination: • You must pay all outstanding fees • You may export your data within 30 days • We will delete your data after 90 days • No refunds for prepaid fees Survival: • Payment obligations survive termination • Confidentiality obligations continue for 3 years • Sections 8, 9, and 11 survive indefinitely

11. Changes to Terms We may modify these terms with notice. Continued use of our services constitutes acceptance of modified terms.

12. Contact Information For questions about these terms: • Legal Inquiries: legal@spore-earthwise.com • General Support: support@spore-earthwise.com

Last updated: February 22, 2025