Recording Consent and Release

RECORDING CONSENT & AI DATA RELEASE AGREEMENT

Dated: 2026-09-28

Version: 2026-09-28-3bdef881ece2

1. INTRODUCTION AND PURPOSE

This Recording Consent and AI Data Release Agreement (the “Agreement”) is entered into between you (“Participant” or “you”) and otoearth, Inc. (the “Company,” “we,” “us,” or “our”) and governs your consent to the recording, collection, use, and licensing of your audio, video, and related data. The purpose of this Agreement is to clearly establish your authorization for the Company to use such data in connection with artificial intelligence research, development, and commercial applications.

The Company operates a platform that facilitates the recording of conversational interactions between participants. By participating, you may be recorded using audio and, where applicable, video. These recordings may include your voice, speech patterns, conversational content, and, if applicable, visual data such as facial expressions. The recordings may be processed, analyzed, and incorporated into datasets used to develop and improve artificial intelligence systems.

This Agreement should be read in conjunction with the Company’s Terms of Service and Privacy Policy, which together govern your use of the platform and the handling of your data. By agreeing to this Agreement, you also acknowledge and agree to the Terms of Service and Privacy Policy, including how your data is collected, used, stored, and shared.

2. PARTICIPANT ACKNOWLEDGMENT AND ELIGIBILITY

Your participation in the recording activities is entirely voluntary. You are not required to participate and may choose whether and when to engage in any recording session. By agreeing to this Agreement and participating in the platform, you confirm that you are doing so voluntarily and without coercion.

You represent and warrant that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, and that you have the legal capacity to enter into this Agreement. By participating, you confirm that you are legally permitted to provide consent for the recording and use of your data as described herein.

You represent and warrant that you have full authority to grant the rights, permissions, and consents set forth in this Agreement. You further confirm that your participation and the rights granted herein do not violate any agreement, obligation, or applicable law, and that you are not restricted from granting such rights to the Company.

By participating in the platform, you provide your informed and explicit consent to the recording of your audio, and where applicable, video, in accordance with the terms of this Agreement.

You expressly consent to the recording of your voice, speech, and verbal expressions during your participation in conversational sessions conducted through the platform. You acknowledge that such recordings may be stored, processed, and used as described in this Agreement.

Where video functionality is enabled, you expressly consent to the recording of your image, facial expressions, and other visual data during your participation. You understand that such recordings may be used in connection with audiovisual data processing and artificial intelligence systems.

You consent to the recording of conversational interactions between you and other participants, including the capture of dialogue, context, and interaction dynamics. You acknowledge that both your contributions and those of other participants may be recorded and processed separately or together.

You agree to participate in recording sessions in a private and controlled environment to minimize the risk of recording individuals who have not consented. You acknowledge that you are responsible for ensuring that no unauthorized third parties are recorded during your participation and that you comply with applicable recording and privacy laws.

You acknowledge that your voice, speech patterns, and other vocal characteristics captured through recordings may constitute biometric identifiers or biometric information under certain privacy and data protection laws. Such data may be used to train and improve artificial intelligence systems capable of recognizing, analyzing, or generating speech.

You expressly consent to the collection, recording, processing, and analysis of your voice data and, where applicable, audiovisual data, for the purposes described in this Agreement, including artificial intelligence training, research, development, and commercial use.

You consent to the storage, retention, and use of your voice data and any associated biometric information by the Company and its affiliates, partners, and service providers, subject to applicable laws and the Company’s data protection practices. Such data may be retained for as long as necessary to fulfill the purposes described in this Agreement, including AI training and commercialization.

You acknowledge that voice recordings and audiovisual data may contain characteristics that could identify you, even if efforts are made to de-identify or anonymize the data. You understand and accept that complete anonymity cannot be guaranteed and that your participation involves this inherent risk.

You consent to the use of your recordings and related data for the training, fine-tuning, evaluation, and improvement of artificial intelligence and machine learning systems, including speech recognition, natural language processing, conversational AI, and related technologies.

You acknowledge and agree that your recordings may be processed, analyzed, transformed, and incorporated into datasets used to develop, test, and optimize AI models, including the creation of transcripts, annotations, embeddings, and other derived data. You expressly consent to the commercial use of your recordings and related data. This includes the use of such data in products, services, and technologies that are developed, marketed, licensed, sold, or otherwise commercialized by the Company or its partners.

You acknowledge and agree that the Company may license, share, or otherwise provide access to your recordings and related data to third parties, including commercial entities, research institutions, and partners, for purposes consistent with this Agreement, including AI training and commercial applications.

You grant the Company and its designees a worldwide, perpetual, irrevocable, royalty-free right and license to use, reproduce, modify, distribute, publicly display, perform, create derivative works from, and otherwise exploit your recordings and related data for the purposes described in this Agreement, subject to applicable law and the Company’s privacy practices.

6. GRANT OF RIGHTS AND INTELLECTUAL PROPERTY

To the fullest extent permitted by applicable law, you hereby assign, transfer, and convey to the Company all rights, title, and interest in and to any recordings, conversational data, and related materials you provide through the platform, including all intellectual property rights therein. You grant the Company the unrestricted right to modify, edit, adapt, transform, and create derivative works from your recordings and related data, including combining such data with other datasets or materials.

You grant the Company the right to use your recordings and related data in any and all media, formats, and technologies, whether now known or later developed, without limitation. You grant the Company the right to sublicense, transfer, or otherwise authorize third parties to exercise any of the rights granted under this Agreement, including the use of your recordings in licensed datasets or AI systems.

You acknowledge and agree that the Company and its partners shall exclusively own all rights, title, and interest in and to any AI models, systems, algorithms, and outputs developed using your recordings and related data. You shall have no ownership or other rights in such AI models or outputs.

7. WAIVER OF RIGHTS

You hereby waive any and all moral rights or similar rights that you may have in your recordings and related data, including any right to attribution, integrity, or to object to modifications or uses of such materials. You waive any rights of publicity, privacy, or similar rights that may arise in connection with the use of your voice, likeness, or other identifying characteristics included in the recordings, to the extent permitted by applicable law.

You acknowledge and agree that you will not have the right to review, inspect, approve, or control the use of your recordings or related data, including any modifications, derivative works, or uses by the Company or its authorized third parties.

8. NO COMPENSATION

You acknowledge and agree that your participation in the platform and the use of your recordings and related data are provided voluntarily and without expectation of compensation, except as may be expressly agreed in writing by the Company. You agree that you are not entitled to any payment, royalties, fees, or other compensation in connection with the recording, use, processing, licensing, or commercialization of your recordings or related data.

You acknowledge and agree that you will have no ownership, financial interest, or other rights in any artificial intelligence models, products, services, datasets, or other outputs developed using your recordings or related data.

9. DATA USE AND DISCLOSURE

You acknowledge and agree that the Company may use, share, and disclose your recordings and related data in accordance with the purposes described in this Agreement, including for research, development, and commercial applications, subject to applicable privacy and data protection laws.

The Company may use your recordings and related data internally for purposes including, but not limited to, data processing, quality control, research, development, training, testing, and improvement of artificial intelligence systems and related technologies.

The Company may share your recordings and related data with its affiliates, partners, service providers, and collaborators, including commercial entities and research institutions, for purposes consistent with this Agreement, including AI training, development, evaluation, and commercialization.

The Company may include your recordings and related data within datasets that are licensed, sold, or otherwise made available to third parties. Third parties may use such datasets for research, development, and commercial purposes in accordance with applicable agreements and restrictions.

The Company may make datasets available through restricted access arrangements (such as commercial licenses or controlled research access) or, where appropriate, through limited or public releases. Any such release will be structured in a manner consistent with this Agreement and applicable privacy safeguards.

The Company may take reasonable steps to de-identify or anonymize your data prior to sharing or disclosure. However, you acknowledge that complete anonymization may not always be possible and that there is a risk of re-identification, particularly with voice or audiovisual data. You agree not to rely on anonymization as a guarantee of non-identifiability.

10. RISKS AND DISCLOSURES

You acknowledge that participation in recording activities and the use of your data for artificial intelligence purposes involves certain risks. Although the Company may take reasonable steps to de-identify or anonymize your data, you acknowledge that voice recordings and audiovisual data may contain characteristics that could allow for re-identification, particularly when combined with other datasets or technologies. The Company does not guarantee that your data will be fully anonymized or that it cannot be linked back to you.

You understand that your recordings may be used to train artificial intelligence systems that generate outputs, predictions, or decisions. Such systems may produce inaccurate, unexpected, or unintended results, and the Company does not guarantee the behavior, performance, or outcomes of any AI models developed using your data.

You acknowledge and agree that participation in the platform does not guarantee anonymity. While the Company implements privacy and data protection measures, there remains a possibility that your identity could be inferred from voice, video, or contextual data included in recordings.

11. PRIVACY AND DATA PROTECTION

Your participation is also governed by the Company’s Privacy Policy, which describes in detail how your data is collected, used, stored, and shared. By agreeing to this Agreement, you acknowledge and agree to the terms of the Privacy Policy, which is incorporated by reference.

The Company may collect, process, store, and use your recordings and related data for the purposes described in this Agreement, including artificial intelligence training, research, development, and commercial use. The Company implements reasonable administrative, technical, and organizational measures to protect such data against unauthorized access, disclosure, or misuse.

The Company may retain your recordings and related data for as long as necessary to fulfill the purposes described in this Agreement, including ongoing AI training and commercialization, and to comply with applicable legal and regulatory requirements. Data may be stored and processed in various jurisdictions, subject to applicable laws and the Company’s data protection practices.

12. RELEASE AND LIMITATION OF CLAIMS

To the fullest extent permitted by applicable law, you agree to release the Company from certain claims arising out of or related to your participation and the use of your recordings and data.

You hereby release, waive, and discharge the Company, its affiliates, officers, directors, employees, agents, licensees, successors, and assigns from any and all claims, demands, liabilities, damages, or causes of action of any kind arising out of or related to your participation in the platform or your agreement to the terms of this Agreement.

Without limiting the foregoing, you specifically release the Company from any claims arising out of or related to the recording, use, reproduction, distribution, modification, creation of derivative works, public display, performance, or commercialization of your recordings and related data. This includes, without limitation, claims for invasion of privacy, infringement of rights of publicity, defamation, or violation of moral rights, to the extent permitted by law.

To the maximum extent permitted by applicable law, the Company shall not be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your participation, including any loss of privacy, reputational harm, or unintended use of your data. The Company’s total liability, if any, shall be limited to the extent permitted under applicable law.

13. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, agents, licensees, successors, and assigns from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to your participation in recording activities, any content or data you provide through the platform, your violation of any applicable law or the rights of any third party, or your breach of this Agreement.

Without limiting the foregoing, you agree to indemnify the Company for any claims or liabilities arising from your breach of this Agreement, including any unauthorized disclosure of personal data, recording of third parties without consent, or misuse of the platform.

14. TERM AND SURVIVAL

The rights granted by you under this Agreement, including the rights to use, reproduce, modify, distribute, and commercialize your recordings and related data, shall be perpetual, worldwide, irrevocable, and royalty-free, unless otherwise required by applicable law.

Any provisions of this Agreement that by their nature are intended to survive termination or expiration shall remain in effect, including but not limited to provisions relating to intellectual property rights, waivers of rights, data use and disclosure, limitation of liability, indemnification, and governing law.

15. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law principles. In the event of any dispute, claim, or controversy arising out of or relating to this Agreement, the parties agree to first attempt to resolve the matter through good faith negotiations. If the dispute cannot be resolved through negotiation, it may be resolved through binding arbitration or through a court of competent jurisdiction, as permitted by applicable law.

Subject to the dispute resolution mechanism described above, you agree that any legal action or proceeding arising out of or relating to this Agreement shall be brought exclusively in the state or federal courts located in the State of Delaware, and you hereby consent to the personal jurisdiction and venue of such courts.

16. MISCELLANEOUS

16.1 Entire Agreement. This Agreement constitutes the entire agreement between you and the Company with respect to the subject matter hereof and supersedes all prior or contemporaneous agreements, communications, or understandings, whether written or oral, relating to your consent, participation, and the use of your recordings and data.

16.2 Amendments. The Company reserves the right to modify or update this Agreement at any time. Any changes will be effective upon posting or notification to you. Your continued participation after such changes constitutes your acceptance of the updated terms.

16.3 Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions shall remain in full force and effect.

16.4 Waiver. The failure of the Company to enforce any provision of this Agreement shall not constitute a waiver of that provision or of the right to enforce it at a later time. Any waiver must be made in writing and signed by an authorized representative of the Company.

16.5 Contact Information. If you have any questions, concerns, or requests regarding this Agreement or your participation, you may contact the Company at: consome@oto.earth