TERMS OF USE-SONIM CLOUD

Last Updated: August 1, 2017

Welcome to www.sonimcloud.com ("Site"), owned and operated by Sonim Technologies, Inc. ("Sonim"). By using the Site in any way, including any service made available at the Site, you are agreeing to comply with and to be bound by these Terms of Use and all rules, policies, and disclaimers posted on the Site or about which you are notified (collectively, "Terms"). Please review these Terms carefully before using the Site. By using the Site, you agree to be bound by these Terms. If you do not agree with all of the Terms, do not use the Site.

The terms "you," "your," and "yours" refer to you, the user of the Site. The terms "Sonim," "we," "us," and "our" refer to Sonim Technologies, Inc.

Changes to the Terms; Changes to the Site

Sonim may periodically make changes to these Terms, in our sole discretion. When we do, we will update the "Last Updated" date above. It is your responsibility to review the most recent version of these Terms and remain informed of any changes. You agree that your continued use of the Site after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use.

Sonim reserves the right to modify or discontinue, temporarily or permanently, all or a part of the Site without notice. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Access to the Site; Account Registration

Sonim does not provide you with the equipment to access the Site.You are responsible for all fees charged by third parties to access the Site (e.g., charges by internet service providers).

You must register for an account to use certain Sonim services.Your Registration is available at www.sonimcloud.com. Such services may be subject to additional agreements, which will be presented for review and acceptance at the time you elect such services.

Limited License

Subject to these Terms, Sonim grants you a limited, revocable license to access and use the Site solely to support your use of Sonim products and services, as intended by Sonim, within your organization, subject to Sonim's Acceptable Use Policy, available at www.sonimcloud.com. No other use of the Site is authorized.

Software License

Your use of any software you download from the Site is governed by the separate license terms accompanying or referenced in that software or download.

Restrictions

You must comply with all applicable laws when using the Site. Except as may be expressly permitted by applicable law or expressly permitted by Sonim in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site ("Site Content") or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g. robots, spiders) to use the Site or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site; (d) use the Site or Site Content for any purpose except for your own personal use; (e) circumvent or disable any digital rights management, usage rules, or other security features of the Site; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site or Site Content; (g) use the Site in a manner that threatens the integrity, performance, or availability of the Site; or (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site or Site Content.

Ownership

Sonim (including our affiliates, licensors, or applicable third parties) retains all right, title, and interest in and to the Site and Site Content and any trademarks, logos, or service marks displayed on the Site or in Site Content ("Marks"). The Site, Site Content, and Marks are protected by applicable intellectual property laws and international treaties. You are not permitted to use any Marks without the prior written consent of Sonim or the applicable third party owner of the Mark.

Privacy Policy

Sonim's Privacy Policy (available at http://www.sonimtech.com/index.php/policy ) is hereby incorporated into these Terms by reference. Please read the Privacy Policy carefully for information regarding our collection, use, storage, and disclosure of personal information, including registration and other information about you that we collect through the Site.

Links and Third-Party Content

The Site may contain links to third-party products, services, and websites. Sonim exercises no control over any third-party products, services, and websites and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third-party products, services, and websites. Sonim is not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third-party products, services, and websites.

Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms, including the Privacy Policy, will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites to which you navigate from the Site.

Feedback

Sonim may provide you with a mechanism to provide feedback, suggestions, and ideas about the Site or us ("Feedback"). You agree that we may, in our sole discretion, use the Feedback you provide in any way, including future modifications to the Site, our products, or services. You hereby grant us a perpetual, worldwide, fully transferable, royalty-free license to use, reproduce, modify, create derivative works from, distribute, and display the Feedback in any manner for any purpose.

Disclaimer of Warranties

YOUR USE OF THE SITE AND SITE CONTENT, INCLUDING YOUR SUBMISSION OF FEEDBACK, IS AT YOUR SOLE RISK. THE SITE AND SITE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. SONIM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTIBILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. SONIM DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE OR SITE CONTENT, AND YOU RELY ON THE SITE AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL YOU RECEIVE THROUGH THE SITE IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULT FORM THE DOWNLOAD OF ANY MATERIAL. THROUGH THE SITE, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SONIM OR THROUGH OR FROM THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.

Limitation of Liability

SONIM WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SONIM HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) RESULTING FROM YOUR USE OF THE SITE AND SITE CONTENT. UNDER NO CIRCUMSTANCES WILL SONIM'S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE OR SITE CONTENT (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED $50. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU, IN WHICH CASE SONIM'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW.

Indemnity

You will indemnify and hold Sonim and its subsidiaries, affiliates, officers, agents, and employees harmless from any costs, damages, expenses, and liability caused by your use of the Site or Site Content, your submission of Feedback, your violation of these Terms, or your violation of any rights of a third party through use of the Site or Site Content.

Legal Notices

These Terms will be governed by and construed in accordance with the laws of the State of California without regard to principles of conflicts of laws. You submit to the jurisdiction of the federal or state courts of or located in San Mateo County, California, with respect to any action or proceeding arising out of or in any way related to these Terms, and you hereby waive any venue or other objection which you may have to any such action or proceeding being brought in the federal or state courts in San Mateo County, California.

No failure or delay by Sonim in exercising any right under these Terms will constitute a waiver of that right. If any portion of these Terms is held invalid by a court of competent jurisdiction, then such portion will be deemed to be of no force or effect, and these Terms will be construed as if such portion had not been included. The headings used in these Terms are for convenience of reference only and do not affect the meaning or construction of these Terms.