Terms and Conditions

TERMS OF SERVICE & PARTICIPANT CONSENT AGREEMENT

Dated: 2026-09-28

Version: 2026-09-28-1070fbe6919b

1. INTRODUCTION AND ACCEPTANCE OF TERMS

These Terms of Service and Participant Consent Agreement (the “Agreement”) govern your access to and use of the platform operated by otoearth, Inc. (the “Company,” “we,” “us,” or “our”), which facilitates the collection of conversational audio, video, and related data for the development, training, evaluation, and commercialization of artificial intelligence systems. By participating in the platform, you agree to provide conversational data that may be used for research, product development, and commercial AI applications.

By accessing, registering for, or using the platform, or by participating in any recording session, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not agree to these terms, you must not access or use the platform or participate in any data collection activities.

You represent and warrant that you are at least eighteen (18) years of age or the age of majority in your jurisdiction, you have the legal capacity and authority to enter into this Agreement, and your participation complies with all applicable laws and regulations in your jurisdiction. By using the platform, you further confirm that you are not prohibited from participating under any applicable law or contractual obligation.

The Company reserves the right to modify or update this Agreement at any time. Any updates will be effective upon posting to the platform or upon notification to you. Your continued use of the platform following any such updates constitutes your acceptance of the revised terms. If you do not agree to the updated terms, you must discontinue use of the platform.

2. DESCRIPTION OF SERVICES

2.1 AI Data Collection Platform

The platform operated by the Company is designed to facilitate the collection of conversational data from participants for use in the development, training, evaluation, and improvement of artificial intelligence systems. The platform enables users to engage in recorded conversations and contribute data for both research and commercial purposes.

2.2 Nature of Conversational Recording

Participants may be matched with other users to engage in real-time conversations on selected topics. These conversations may be recorded on the platform using audio recording and, where enabled, video recording. Participation is voluntary, and users may choose to start or stop recording sessions at their discretion, subject to the terms of this Agreement.

2.3 Types of Data Collected (Audio, Video, Metadata)

The platform may collect and process various types of data, including audio recordings of conversations, video recordings and associated visual data, where applicable, transcripts, annotations, and derived data generated from recordings, technical and usage data, including timestamps, session data, and system logs, and optional demographic or survey information voluntarily provided by participants.

2.4 Research and Commercial Objectives

The data collected through the platform may be used by the Company and its partners for research, development, and commercial purposes, including training and improving artificial intelligence models, speech recognition systems, conversational AI technologies, and related applications. Participants acknowledge that the platform is intended to support both academic and commercial use of collected data.

3. PARTICIPANT ACCOUNT AND ACCESS

To access certain features of the platform, you may be required to create an account and provide requested information, including demographic or profile details. You agree to provide complete and accurate information during registration and to keep such information updated as necessary. You represent and warrant that all information you provide to the Company is true, accurate, and not misleading. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity while using the platform.

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to take reasonable measures to prevent unauthorized access to your account and to notify the Company promptly if you become aware of any unauthorized use or security breach.

The Company reserves the right to suspend, restrict, or terminate your access to the platform at any time, with or without notice, if the Company reasonably believes that you have violated this Agreement, engaged in prohibited conduct, or otherwise pose a risk to the platform, other users, or the integrity of the data collection process.

By using the platform and participating in any recording session, you provide your informed, voluntary, and explicit consent to the collection, recording, processing, and use of your data as described in this Agreement. You acknowledge that your participation is not required and that you may choose whether and when to engage in recording activities, subject to the terms herein.

You expressly consent to the recording of your voice and speech during participation in conversational sessions conducted through the platform. You understand that such recordings may be stored, processed, and used for artificial intelligence research, development, training, and commercial purposes. Where video functionality is enabled, you expressly consent to the recording of your image, facial expressions, and other visual data during participation in conversational sessions. You acknowledge that such video recordings may be processed and used in connection with audiovisual AI systems and related technologies.

You consent to the collection and processing of conversational content generated during your participation, including spoken language, dialogue interactions, contextual information, and any derived data such as transcripts, annotations, or analytical outputs generated from such recordings.

You may be asked to provide optional demographic or survey information, such as age range, gender, accent, or other characteristics. You acknowledge that providing such information is voluntary and that you may choose to provide all, some, or none of this information. Any demographic data you provide may be used in conjunction with your recordings for research, development, and commercial purposes.

Your participation in the platform is entirely voluntary. You may choose to start or stop recording sessions at any time. However, you acknowledge that once you submit recordings or related data through the platform, such data may be retained and used in accordance with this Agreement, including for ongoing AI training and commercial purposes.

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 partners, subject to applicable laws and the Company’s data protection practices. Such data may be used, combined, and processed in connection with AI systems and datasets.

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.

By participating in the platform and submitting any recordings or related data, you expressly acknowledge and agree that your data may be used for artificial intelligence training, development, and commercial purposes as described in this Agreement. You understand that this use is a core function of the platform.

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, and conversational AI technologies. You acknowledge and agree that your data may be processed, analyzed, transformed, and incorporated into datasets used to develop, test, and optimize AI Models and related technologies. This may include creating annotations, transcripts, 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, or technologies that are developed, marketed, 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 a worldwide, perpetual, irrevocable, royalty-free right to use, reproduce, modify, distribute, publicly display, perform, and create derivative works from your recordings and related data for the purposes described in this Agreement, subject to applicable law and the Company’s privacy practices.

7. INTELLECTUAL PROPERTY AND DATA OWNERSHIP

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 submit through the platform, including all intellectual property rights therein. This assignment includes the right to use, reproduce, modify, distribute, publicly display, perform, and create derivative works from such materials for any lawful purpose.

To the extent permitted by applicable law, you waive any moral rights, publicity rights, or similar rights you may have in connection with your recordings and related data, including any right to attribution or to object to modifications or uses of such materials. You acknowledge and agree that the Company and its partners shall exclusively own all rights, title, and interest in and to any AI Models, algorithms, systems, and outputs developed using your recordings and related data. You shall have no ownership or other rights in such AI Models or outputs.

You acknowledge and agree that you will not receive any compensation, royalties, or other payments in connection with the use of your recordings or related data, including any commercial use or licensing of such data or any AI Models or products developed using such data, unless expressly agreed otherwise in writing by the Company.

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 clients, 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 either through restricted access arrangements (such as licensing agreements) or, where appropriate, through controlled or public releases. Any such release will be structured to align with the purposes described in 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.

9. PARTICIPANT RESPONSIBILITIES AND CONDUCT

You agree to use the platform in a lawful, respectful, and responsible manner. You are solely responsible for your conduct during participation and for any content you contribute through the platform.

You agree not to disclose, record, or transmit any content that includes personally identifiable information (such as full names, addresses, phone numbers, or email addresses), is unlawful, fraudulent, or violates any applicable law or regulation, infringes or violates the intellectual property or privacy rights of any third party, or contains harmful, sensitive, or confidential information that you do not have the right to disclose.

You agree not to engage in any conduct that is abusive, harassing, threatening, discriminatory, or otherwise inappropriate toward other participants. The Company reserves the right to remove or restrict access for any participant who engages in such behavior. You shall not impersonate any person or entity, misrepresent your identity, or falsely claim affiliation with any individual or organization while using the platform.

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 shall not knowingly record third parties without their consent and shall take reasonable steps to ensure that your recordings comply with applicable privacy and recording laws.

10. PRIVACY AND DATA PROTECTION

The Company may collect, process, store, and use personal data provided by you or generated through your participation on the platform, including recordings, conversational data, and optional demographic information. Such data will be processed in accordance with this Agreement and applicable privacy laws.

The Company seeks to limit the collection and use of personal data to what is reasonably necessary for the purposes described in this Agreement. Participants are encouraged not to disclose personally identifiable information during recordings unless specifically required and authorized.

The Company implements reasonable administrative, technical, and organizational measures designed to protect personal data against unauthorized access, disclosure, alteration, or destruction. However, no system can be guaranteed to be completely secure, and you acknowledge the inherent risks associated with transmitting and storing data electronically.

The Company may retain your data, including recordings and related information, for as long as necessary to fulfill the purposes described in this Agreement, including AI training, research, and commercial use, as well as to comply with legal and regulatory obligations.

For more detailed information regarding how your data is collected, used, and protected, please refer to the Company’s Privacy Policy, which is incorporated by reference into this Agreement and available at:

https://app.oto.earth/privacy-policy

11. PARTICIPANT RIGHTS

Your participation in the platform is voluntary, and you may stop participating at any time. You may choose to discontinue use of the platform or cease participating in recording sessions without penalty.

You acknowledge that once you submit recordings or related data through the platform, such data may be incorporated into datasets, processed for AI training, or shared with third parties. As a result, it may not be possible to delete, retrieve, or remove such data after submission, particularly once it has been de-identified or integrated into machine learning systems.

You may be able to access, update, or control optional demographic or profile information you provide through the platform. The extent of such access and control may depend on the platform’s features and applicable laws. You acknowledge that once your data has been de-identified or anonymized, it may no longer be reasonably linked to you. In such cases, certain rights, including deletion or access rights, may no longer apply, as the data may no longer be considered personal data under applicable laws.

12. DATA RETENTION AND DELETION

The Company may retain recordings, conversational data, and related information for as long as necessary to fulfill the purposes outlined in this Agreement, including ongoing AI model training, research, development, and commercialization, unless a longer retention period is required or permitted by law.

If you choose not to submit a recording and instead delete it through the platform prior to submission, the Company will not retain it, subject to normal system processes and the temporary storage necessary for platform functionality. You acknowledge and agree that once recordings or related data are submitted and incorporated into datasets or AI training processes, such data may be retained indefinitely for the continued operation, improvement, and commercialization of AI systems, subject to applicable laws and data protection practices.

Notwithstanding the foregoing, the Company may retain certain data for longer periods when required to comply with applicable laws, regulations, or legal obligations, or for legitimate business purposes, such as dispute resolution, enforcement of agreements, or protection of legal rights.

13. RISKS AND DISCLOSURES

Although the Company may take reasonable steps to de-identify or anonymize data, you acknowledge that voice recordings and audiovisual data may contain characteristics that could allow for re-identification, particularly when combined with other data sources. 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 data 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 or outcomes of AI Models trained 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.

14. DISCLAIMER OF WARRANTIES

To the maximum extent permitted by applicable law, the platform and all related services are provided without warranties of any kind, whether express, implied, or statutory. The platform is provided on an “as is” and “as available” basis. The Company makes no representations or warranties regarding the operation, functionality, or suitability of the platform for any particular purpose.

The Company does not guarantee that the platform will be available at all times or that access will be uninterrupted, secure, or error-free. The platform may be subject to downtime, delays, or technical issues beyond the Company’s control. The Company makes no representations or warranties regarding any outcomes, results, or benefits that may arise from your participation, including any research, technological developments, or applications derived from the data collected through the platform.

15. LIMITATION OF LIABILITY

In no event shall the Company be liable for any indirect, incidental, consequential, special, or punitive damages arising out of or related to your use of the platform or participation in the services. This includes, without limitation, damages for loss of data, loss of privacy, loss of business opportunities, or any other intangible losses.

To the fullest extent permitted by law, the Company’s total aggregate liability arising out of or relating to this Agreement shall not exceed the greater of: (a) any amounts paid by you to the Company for use of the platform (if any), or (b) one hundred U.S. dollars (USD $100).

You acknowledge that your use of the platform and participation in recording activities are at your own risk. The Company shall not be responsible for any harm, loss, or damages resulting from your participation, including any unintended disclosure of information during recordings or any misuse of data by third parties in violation of applicable agreements.

16. INDEMNIFICATION

You agree to indemnify and hold harmless the Company from certain claims and liabilities arising from your use of the platform or violation of this Agreement. You agree to defend, indemnify, and hold harmless the Company, its affiliates, officers, directors, employees, agents, and partners 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 use of the platform, your participation in recording activities, any content or data you provide through the platform, or your violation of any applicable law or the rights of any third party.

Without limiting the foregoing, you agree to indemnify the Company for any claims or liabilities arising from your breach of this Agreement, including violations of the participant conduct provisions, unauthorized disclosure of personal data, or any misuse of the platform.

17. TERM AND TERMINATION

This Agreement shall remain in effect from the time you first access or use the platform and shall continue for as long as you participate in the services or until terminated in accordance with this Agreement.

The Company may suspend or terminate your access to the platform at any time, with or without notice, if the Company reasonably believes that you have violated this Agreement, engaged in prohibited conduct, or pose a risk to the platform, other users, or the integrity of the data collection process. You may stop using the platform and terminate your participation at any time. Termination of participation does not require formal notice unless otherwise specified by the Company.

Upon termination of your participation, you must cease all use of the platform. You acknowledge that any data you have already submitted may continue to be retained and used by the Company in accordance with this Agreement, including for AI training and commercial purposes. Provisions that by their nature should survive termination, including those relating to intellectual property, data use, limitation of liability, and indemnification, shall remain in effect.

18. COMPLIANCE WITH LAWS

By using the platform, you agree that your participation and use of the services will also comply with applicable laws. The Company processes data in accordance with applicable U.S. privacy and data protection laws, including laws governing the collection, use, and disclosure of personal data and biometric information. Participants are expected to use the platform in a manner consistent with such laws.

To the extent applicable, the Company processes personal data in accordance with California privacy laws, including providing transparency regarding data collection and use. Participants located in California acknowledge that their data may be collected and used for the purposes described in this Agreement, including AI training and commercial use.

To the extent applicable, the Company handles voice and audiovisual data in accordance with Texas laws governing biometric identifiers and personal data. Participants located in Texas acknowledge and consent to the collection and use of voice recordings and related data as described in this Agreement.

If you access or use the platform from outside the United States, you acknowledge that your data may be transferred to, processed, and stored in jurisdictions that may have different data protection laws than those in your country of residence. By using the platform, you consent to such cross-border data transfers in accordance with this Agreement and applicable laws.

19. 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.

Any dispute, claim, or controversy arising out of or relating to this Agreement or your use of the platform shall first be attempted to be resolved through good faith negotiations. If such dispute cannot be resolved through negotiation, the Company may elect, in its sole discretion, to resolve the dispute either through binding arbitration or through a court of competent jurisdiction. Any arbitration shall be conducted in accordance with the rules of a recognized arbitration body and shall take place in a mutually agreed location or, if no agreement is reached, in a location designated by the Company.

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.

20. MISCELLANEOUS

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

20.2 Amendments. The Company reserves the right to modify or update this Agreement at any time. Any changes will be effective upon posting or notification as described in this Agreement. Your continued use of the platform after such changes constitutes your acceptance of the updated terms.

20.3 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.

20.4 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 of rights must be made in writing and signed by an authorized representative of the Company.

20.5 Contact Information

If you have any questions, concerns, or requests regarding this Agreement or the platform, you may contact the Company at: consome@oto.earth