Common use of Usage Policy Clause in Contracts

Usage Policy. You represent and warrant that the owners of the phone numbers you provide to MOBIT, to which outbound Client Messages are transmitted by and through the Service (“Consumer Contacts”), have provided all requisite consent under applicable law to receive such messages and broadcasts from you. You agree that you will include clear opt-out/unsubscribe information on EVERY Client Message that you send through the Services. You further agree that any individual requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts as used with the MOBIT Products and Services. You represent and warrant that you and your Client Messages will abide, fully, with the then-current guidelines and/or Best Practices set forth by both the Mobile Marketing Association (“MMA”) and all participating mobile telephone carriers, and other industry and government rules and regulations that may be in effect now or in the future with respect to mobile marketing (collectively, “Mobile Marketing Laws”). You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur in connection with your account, including without limitation the content of the Client Messages and broadcasts transmitted by and through the MOBIT Products and Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the MOBIT Products and Services by visiting the following websites:  Federal Trade Commission, xxxx://xxx.xxx.xxx  Federal Communications Commission, xxxx://xxx.xxx.xxx  DoNotCall Registry Info, xxxx://xxx.xxxxxxxxx.xxx  The Australian Communications and Media Authority (ACMA), xxxx://xxx.xxxx.xxx.xx/  Telecommunications Users Association of New Zealand, TUANZ xxxx://xxxxx.xxx.xx/ Without limiting the foregoing, any and all Consumer Contacts provided by you to MOBIT shall consist of individuals that have provided “prior express written consent” to receive text messages from you, within the meaning of the Telephone Consumer Protection Act (47 USC § 227), and its implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (the “TCPA”), to the telephone number(s) provided by such individuals. You shall retain the records of each individual’s “prior express written consent” (“Consent Records”) for a minimum of seven (7) years following creation of same, and shall provide such Consent Records to MOBIT within three (3) business days of receipt of a MOBIT request at any time. The Consent Records shall include, at a minimum, the Consent Language, the IP address of the source of the Consumer Contact data and the date and time stamp indicating the time that the Consumer Contact data was collected. You agree to fully indemnify and hold MOBIT harmless from and against any and all liability, claims, judgments, settlement amounts or other costs incurred by MOBIT (including attorneys’ fees and court costs) in connection with your failure, or suspected failure, to comply with the provisions set forth in this section. The TCPA, the Amended Telemarketing Sale Rule (“ATSR”), 16 CFR 310 et seq, the DNC list registry rules (xxxx://xxx.xxxxxxxxx.xxx) and various state laws, rules and regulations place restrictions on certain types of text messages. MOBIT is in no way attempting to interpret, or offer advice with respect to, any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your Client Messages, broadcasts and campaigns prior to using the MOBIT Products and Services. You are ultimately responsible to make your own informed decisions regarding your Client Messages, broadcasts, and campaigns. You shall schedule campaigns responsibly, in a manner that is courteous to the recipients and in full compliance with local, state, national, and international calling time rules and regulations. Other than the content (page amd text message templates) made available to you by MOBIT, you are solely responsible for obtaining any rights or licenses to any data, including any images or video files, for inclusion in any outbound Client Messages, and campaigns. If you are unfamiliar or unclear as to the legalities associated with any Client Message, broadcast or campaign, you must consult with a legal advisor or attorney prior to your use of the MOBIT Products and Services. You acknowledge and agree that the MOBIT Products and Services are provided for professional use only, and you agree that your use of the MOBIT Products and Services, your Client Messages, your Client Content (as defined below) and your Client Feedback (as defined below) shall not include, comprise or consist of:  Sending unsolicited marketing messages or broadcasts (i.e. spam);  Sending any calls or Client Messages to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;  Using strings of numbers, as it is unlawful to engage two or more lines of a multi-line business;  Harvesting, or otherwise collecting information about others, without their consent;  Misleading others as to the identity of the sender of your Client Messages or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;  Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;  Transmitting any material that may infringe upon the intellectual property rights of third parties, including trademarks, copyrights or other rights of publicity;  Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;  Interfering with, or disrupting, networks connected to the MOBIT Products and Services or violating the regulations, policies or procedures of such networks;  Attempting to gain unauthorized access to the MOBIT Products and Services, other accounts, computer systems or networks connected to the MOBIT Products and Services, through password mining or any other means;  Interfering with anothers use or enjoyment of the MOBIT Products and Services; or  Engaging in any other activity that MOBIT believes could subject it to criminal liability or civil penalty/judgment. You agree to provide your valid and legally sufficient contact information in connection with any outbound campaign within the initial greeting Client Message. You further agree that MOBIT is, under no circumstances, responsible for the contents and/or accuracy of your Client Messages and MOBIT will only transmit them on a good faith belief that you use the MOBIT Products and Services in accordance with the Agreement. You will provide your own files for all outbound campaigns. MOBIT will not be liable for any misuse of the MOBIT Products and Services by you. MOBIT is not responsible for the views or opinions contained in any of your Client Messages.

Usage Policy. You represent and warrant that the owners of the phone numbers (consumer contacts) that you provide to MOBITthe Company and the Application, to which outbound Client Messages client messages are transmitted by and through the Service (“Consumer Contacts”)Application, have provided all requisite consent under applicable law laws to receive such messages and broadcasts from you. You agree that you will include clear opt-opt out/unsubscribe information on EVERY Client Message client message that you send through the Services. You further agree that any individual requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts as used with the MOBIT Products and Services. You represent and warrant that you and your Client Messages will abide, fully, with the then-current guidelines and/or Best Practices set forth by both the Mobile Marketing Association (“MMA”) and all participating mobile telephone carriers, and other industry and government rules and regulations that may be in effect now or in the future with respect to mobile marketing (collectively, “Mobile Marketing Laws”)Application. You agree to familiarize yourself with and abide by all applicable local, state, national national, and international laws and regulations and are solely responsible for all acts or omissions that occur in connection with your account, including without limitation the content of the Client Messages and broadcasts client messages transmitted by and through the MOBIT Products and ServicesApplication. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the MOBIT Products and Services Application by visiting the following websites:  § Federal Trade Commission, xxxx://xxx.xxx.xxx  § Federal Communications Commission, xxxx://xxx.xxx.xxx  § Canadian Radio-Television and Telecommunications Commission, xxxx://xxxx.xx.xx § DoNotCall Registry Info, xxxx://xxx.xxxxxxxxx.xxx  § Mobile Marketing Association, xxxx://xxx.xxxxxxxxx.xxx § The Australian Communications and Media Authority (ACMA), xxxx://xxx.xxxx.xxx.xx/  xxxx://xxx.xxxx.xxx.xx § Telecommunications Users Association of New ZealandZealand (TUANZ), TUANZ xxxx://xxxxx.xxx.xx/ xxxx://xxxxx.xxx.xx Without limiting the foregoing, any and all Consumer Contacts consumer contacts provided by you to MOBIT the Application shall consist of individuals that have provided “prior express written consent” to receive text messages from you, within the meaning of the Telephone Consumer Protection Act (47 USC § 227) (the TCPA), the Canadian Anti-Spam Legislation (CASL), and its their implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (the “TCPA”), to time to the telephone number(s) provided by such individuals. You shall retain the records of each individual’s “prior express written consent” (“Consent Records”) for a minimum of seven (7) years following creation of same, and shall provide such Consent Records to MOBIT within three (3) business days of receipt of a MOBIT request at any time. The Consent Records shall include, at a minimum, the Consent Language, the IP address of the source of the Consumer Contact data and the date and time stamp indicating the time that the Consumer Contact data was collected. You agree to fully indemnify and hold MOBIT the Company harmless from and against any and all liability, claims, judgments, settlement amounts amounts, or other costs incurred by MOBIT the Company (including attorneys’ fees and court costs) in connection with your failure, or suspected failure, to comply with the provisions set forth out in this section. The TCPA, the Amended Telemarketing Sale Rule (“ATSR”), 16 CFR 310 et seq, the DNC list registry rules (xxxx://xxx.xxxxxxxxx.xxx) and various state laws, rules and regulations place restrictions on certain types of text messages. MOBIT is in no way attempting to interpret, or offer advice with respect to, any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your Client Messagesclient messages, broadcasts broadcasts, and campaigns prior to using the MOBIT Products and ServicesApplication. You are ultimately responsible to make your own informed decisions regarding your Client Messagesclient messages, broadcasts, and campaigns. You shall schedule campaigns and the associated customer messages responsibly, in a manner that is courteous to the recipients and in full compliance with local, state, national, and international calling time rules and regulations. Other than the content (page amd text message templates) made available to you by MOBITthe Application, you are solely responsible for obtaining any and all rights or licenses to any data, including any images or video files, for inclusion in any outbound Client Messages, client messages and campaigns. If you are unfamiliar or unclear as to the legalities associated with any Client Messageclient message, broadcast broadcast, or campaign, you must should consult with a legal advisor or attorney prior to your use of before using the MOBIT Products and ServicesApplication. You acknowledge and agree that the MOBIT Products and Services are Application is provided for professional business use only, and you agree that your use of the MOBIT Products and ServicesApplication, your Client Messagesclient messages, your Client Content client content (as defined below) ), and your Client Feedback client feedback (as defined below) shall not include, comprise comprise, or consist of:  § Sending unsolicited marketing messages or broadcasts (i.e. that is, spam);  § Sending any calls or Client Messages client messages to life-line services, such as hospitals, fire, police, 911 911, or utility- related telephone numbers;  § Using strings of numbers, numbers (as it is unlawful to engage two or more lines of a multi-line business);  Harvesting, § Harvesting or otherwise collecting information about others, others without their consent;  § Misleading others as to the identity of the sender of your Client Messages client message or broadcasts, broadcasts by creating a false identity, by impersonating the identity of someone/someone or something else else, or by providing contact details that do not belong to you;  § Transmitting, associating associating, or publishing any unlawful, racist, harassing, libelouslibellous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic pornographic, or otherwise objectionable material of any kind;  § Transmitting any material that may infringe upon the intellectual property rights of third parties, including trademarks, copyrights copyrights, or other rights of publicity;  § Transmitting any material that contains viruses, trojan horsesTrojan Horses, worms, time bombs, cancel-bots bots, or any other harmful/harmful or deleterious programs;  § Interfering with, or disrupting, networks connected to the MOBIT Products and Services Application or violating the regulations, policies policies, or procedures of such networks;  § Attempting to gain unauthorized access to the MOBIT Products and ServicesApplication, other accounts, computer systems systems, or networks connected to the MOBIT Products and Services, Application through password mining or any other means;  Interfering with anothers use or enjoyment of the MOBIT Products and Services; or  § Engaging in any other activity that MOBIT the Company believes could subject it to criminal liability or civil penalty/penalty or judgment. You agree to provide your valid and legally sufficient contact information in connection with any outbound campaign within the initial greeting Client Messageclient message. You further agree that MOBIT the Company is, under no circumstances, responsible for the contents and/or or accuracy of your Client Messages client messages and MOBIT the Company via the Application will only transmit them on a good good-faith belief that you use the MOBIT Products and Services Application in accordance with the Agreementagreement. You will provide your own files content for all outbound campaigns. MOBIT The Company will not be liable for any misuse of the MOBIT Products and Services Application by you. MOBIT The Company is not responsible for the views or opinions contained in any of your Client Messagesclient messages.

Usage Policy. You represent and warrant that the owners of the phone numbers (“Consumer Contacts”), you provide to MOBITThe Company and The Application, to which outbound Client Messages are transmitted by and through the Service (“Consumer Contacts”)Application, have provided all requisite consent under applicable law laws to receive such messages and broadcasts from you. You agree that you will include clear opt-out/unsubscribe information on EVERY Client Message that you send through the Services. You further agree that any individual requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts as used with the MOBIT Products and Services. You represent and warrant that you and your Client Messages will abide, fully, with the then-current guidelines and/or Best Practices set forth by both the Mobile Marketing Association (“MMA”) and all participating mobile telephone carriers, and other industry and government rules and regulations that may be in effect now or in the future with respect to mobile marketing (collectively, “Mobile Marketing Laws”)The Application. You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations regulations, and are solely responsible for all acts or omissions that occur in connection with your account, including without limitation the content of the Client Messages and broadcasts transmitted by and through the MOBIT Products and ServicesThe Application. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the MOBIT Products and Services The Application by visiting the following websites:  Federal Trade Commission, xxxx://xxx.xxx.xxx  Federal Communications Commission, xxxx://xxx.xxx.xxx  Canadian Radio-Television and Telecommunications Commission xxxx://xxxx.xx.xx  DoNotCall Registry Info, xxxx://xxx.xxxxxxxxx.xxx  Mobile Marketing Association xxxx://xxx.xxxxxxxxx.xxx  The Australian Communications and Media Authority (ACMA), xxxx://xxx.xxxx.xxx.xx/ xxxx://xxx.xxxx.xxx.xx  Telecommunications Users Association of New Zealand, TUANZ xxxx://xxxxx.xxx.xx/ xxxx://xxxxx.xxx.xx Without limiting the foregoing, any and all Consumer Contacts consumer contacts provided by you to MOBIT The Application, shall consist of individuals that have provided (“prior express written consent” ”) to receive text messages from you, within the meaning of the Telephone Consumer Protection Act (47 USC § 227) (the “TCPA”), the Canadian Anti-Spam Legislation (“CASL”) and its their implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (the “TCPA”), to the telephone number(s) provided by such individuals. You shall retain the records of each individual’s “prior express written consent” (“Consent Records”) for a minimum of seven (7) years following creation of same, and shall provide such Consent Records to MOBIT within three (3) business days of receipt of a MOBIT request at any time. The Consent Records shall include, at a minimum, the Consent Language, the IP address of the source of the Consumer Contact data and the date and time stamp indicating the time that the Consumer Contact data was collected. You agree to fully indemnify and hold MOBIT The Company harmless from and against any and all liability, claims, judgments, settlement amounts or other costs incurred by MOBIT The Company (including attorneys’ fees and court costs) in connection with your failure, or suspected failure, to comply with the provisions set forth in this section. The TCPA, the Amended Telemarketing Sale Rule (“ATSR”), 16 CFR 310 et seq, the DNC list registry rules (xxxx://xxx.xxxxxxxxx.xxx) and various state laws, rules and regulations place restrictions on certain types of text messages. MOBIT is in no way attempting to interpret, or offer advice with respect to, any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your Client Messagesclient messages, broadcasts and campaigns prior to using the MOBIT Products and ServicesThe Application. You are ultimately responsible to make your own informed decisions regarding your Client Messages, broadcasts, and campaigns. You shall schedule campaigns and the associated Customer Messages responsibly, in a manner that is courteous to the recipients and in full compliance with local, state, national, and international calling time rules and regulations. Other than the content (page amd text message templates) made available to you by MOBITThe Application, you are solely responsible for obtaining any and all rights or licenses to any data, including any images or video files, for inclusion in any outbound Client Messagesclient messages, and campaigns. If you are unfamiliar or unclear as to the legalities associated with any Client Messageclient message, broadcast or campaign, you must should consult with a legal advisor or attorney prior to your use of the MOBIT Products and ServicesThe Application. You acknowledge and agree that the MOBIT Products and Services are The Application is provided for professional business use only, and you agree that your use of the MOBIT Products and ServicesThe Application, your Client Messages, your Client Content client content (as defined below) and your Client Feedback client feedback (as defined below) shall not include, comprise or consist of:  Sending unsolicited marketing messages or broadcasts (i.e. spam);  Sending any calls or Client Messages Message to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;  Using strings of numbers, as it is unlawful to engage two or more lines of a multi-line business;  Harvesting, or otherwise collecting information about others, without their consent;  Misleading others as to the identity of the sender of your Client Messages Message or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;  Transmitting, associating or publishing any unlawful, racist, harassing, libelouslibellous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;  Transmitting any material that may infringe upon the intellectual property rights of third parties, including trademarks, copyrights or other rights of publicity;  Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;  Interfering with, or disrupting, networks connected to the MOBIT Products and Services The Application or violating the regulations, policies or procedures of such networks;  Attempting to gain unauthorized access to the MOBIT Products and ServicesThe Application, other accounts, computer systems or networks connected to the MOBIT Products and ServicesThe Application, through password mining or any other means;  Interfering with anothers use or enjoyment of the MOBIT Products and Services; or  Engaging in any other activity that MOBIT The Company believes could subject it to criminal liability or civil penalty/judgment. You agree to provide your valid and legally sufficient contact information in connection with any outbound campaign within the initial greeting Client Messageclient message. You further agree that MOBIT The Company is, under no circumstances, responsible for the contents and/or accuracy of your Client Messages Message and MOBIT The Company via The Application will only transmit them on a good faith belief that you use the MOBIT Products and Services The Application in accordance with the Agreement. You will provide your own files content for all outbound campaigns. MOBIT The Company will not be liable for any misuse of the MOBIT Products and Services The Application by you. MOBIT The Company is not responsible for the views or opinions contained in any of your Client Messages.

Usage Policy. You represent and warrant that the owners of the phone numbers you provide to MOBIT, to which outbound Client Messages are transmitted by and through the Service (“Consumer Contacts”), you provide to The Company and The Application, to which outbound Client Message are transmitted by and through The Application have provided all requisite consent under applicable law to receive such messages and broadcasts from you. You agree that you will include clear opt-out/unsubscribe information on EVERY Client Message client message that you send through the Services. You further agree that any individual requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts as used with the MOBIT Products and ServicesThe Application. You represent and warrant that you and your Client Messages will abide, fully, with the then-current guidelines and/or Best Practices best practices set forth by both the Mobile Marketing Association (“MMA”) and all participating mobile telephone carriers, and other industry and government rules and regulations that may be in effect now or in the future with respect to mobile marketing (collectively, “Mobile Marketing Laws”). You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations regulations, and are solely responsible for all acts or omissions that occur in connection with your account, including without limitation the content of the Client Messages Message and broadcasts transmitted by and through the MOBIT Products and ServicesThe Application. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the MOBIT Products and Services The Application by visiting the following websites:  Federal Trade Commission, xxxx://xxx.xxx.xxx  Federal Communications Commission, xxxx://xxx.xxx.xxx  Canadian Radio-Television and Telecommunications Commission xxxx://xxxx.xx.xx  DoNotCall Registry Info, xxxx://xxx.xxxxxxxxx.xxx  Mobile Marketing Association xxxx://xxx.xxxxxxxxx.xxx  The Australian Communications and Media Authority (ACMA), xxxx://xxx.xxxx.xxx.xx/ xxxx://xxx.xxxx.xxx.xx  Telecommunications Users Association of New Zealand, TUANZ xxxx://xxxxx.xxx.xx/ xxxx://xxxxx.xxx.xx Without limiting the foregoing, any and all Consumer Contacts consumer contacts provided by you to MOBIT The Application shall consist of individuals that have provided “prior express written consent” to receive text messages from you, within the meaning of the Telephone Consumer Protection Act (47 USC § 227) (the “TCPA”),, the Canadian Anti-Spam Legislation (“CASL”) and its their implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (the “TCPA”), to the telephone number(s) provided by such individuals. You shall retain the records of each individual’s “prior express written consent” (“Consent Records”) for a minimum of seven (7) years following creation of same, and shall provide such Consent Records to MOBIT within three (3) business days of receipt of a MOBIT request at any time. The Consent Records shall include, at a minimum, the Consent Language, the IP address of the source of the Consumer Contact data and the date and time stamp indicating the time that the Consumer Contact data was collected. You agree to fully indemnify and hold MOBIT The Company harmless from and against any and all liability, claims, judgments, settlement amounts or other costs incurred by MOBIT The Company (including attorneys’ fees and court costs) in connection with your failure, or suspected failure, to comply with the provisions set forth in this section. The TCPA, the Amended Telemarketing Sale Rule (“ATSR”), 16 CFR 310 et seq, the DNC list registry rules (xxxx://xxx.xxxxxxxxx.xxx) and various state laws, rules and regulations place restrictions on certain types of text messages. MOBIT is in no way attempting to interpret, or offer advice with respect to, any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your Client Messagesclient messages, broadcasts and campaigns prior to using the MOBIT Products and ServicesThe Application. You are ultimately responsible to make your own informed decisions regarding your Client Messages, broadcasts, and campaigns. You shall schedule campaigns and the associated Customer Messages responsibly, in a manner that is courteous to the recipients and in full compliance with local, state, national, and international calling time rules and regulations. Other than the content (page amd text message templates) made available to you by MOBITThe Application, you are solely responsible for obtaining any rights or licenses to any data, including any images or video files, for inclusion in any outbound Client Messagesclient messages, and campaigns. If you are unfamiliar or unclear as to the legalities associated with any Client Messageclient message, broadcast or campaign, you must should consult with a legal advisor or attorney prior to your use of the MOBIT Products and ServicesThe Application. You acknowledge and agree that the MOBIT Products and Services are The Application is provided for professional use only, and you agree that your use of the MOBIT Products and ServicesThe Application, your Client Messages, your Client Content client content (as defined below) and your Client Feedback client feedback (as defined below) shall not include, comprise or consist of:  Sending unsolicited marketing messages or broadcasts (i.e. spam);  Sending any calls or Client Messages Message to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers;  Using strings of numbers, as it is unlawful to engage two or more lines of a multi-line business;  Harvesting, or otherwise collecting information about others, without their consent;  Misleading others as to the identity of the sender of your Client Messages Message or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;  Transmitting, associating or publishing any unlawful, racist, harassing, libelouslibellous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;  Transmitting any material that may infringe upon the intellectual property rights of third parties, including trademarks, copyrights or other rights of publicity;  Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;  Interfering with, or disrupting, networks connected to the MOBIT Products and Services The Application or violating the regulations, policies or procedures of such networks;  Attempting to gain unauthorized access to the MOBIT Products and ServicesThe Application, other accounts, computer systems or networks connected to the MOBIT Products and ServicesThe Application, through password mining or any other means;  Interfering with anothers use or enjoyment of the MOBIT Products and Services; or  Engaging in any other activity that MOBIT The Company believes could subject it to criminal liability or civil penalty/judgment. You agree to provide your valid and legally sufficient contact information in connection with any outbound campaign within the initial greeting Client Messageclient message. You further agree that MOBIT The Company is, under no circumstances, responsible for the contents and/or accuracy of your Client Messages Message and MOBIT The Company via The Application will only transmit them on a good faith belief that you use the MOBIT Products and Services The Application in accordance with the Agreement. You will provide your own files content for all outbound campaigns. MOBIT The Company will not be liable for any misuse of the MOBIT Products and Services The Application by you. MOBIT The Company is not responsible for the views or opinions contained in any of your Client Messages.

Usage Policy. You represent and warrant that the owners of the phone numbers (consumer contacts) that you provide to MOBITthe Company and the Application, to which outbound Client Messages client messages are transmitted by and through the Service (“Consumer Contacts”)Application, have provided all requisite consent under applicable law laws to receive such messages and broadcasts from you. You agree that you will include clear opt-opt out/unsubscribe information on EVERY Client Message client message that you send through the Services. You further agree that any individual requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts as used with the MOBIT Products and Services. You represent and warrant that you and your Client Messages will abide, fully, with the then-current guidelines and/or Best Practices set forth by both the Mobile Marketing Association (“MMA”) and all participating mobile telephone carriers, and other industry and government rules and regulations that may be in effect now or in the future with respect to mobile marketing (collectively, “Mobile Marketing Laws”)Application. You agree to familiarize yourself with and abide by all applicable local, state, national national, and international laws and regulations and are solely responsible for all acts or omissions that occur in connection with your account, including without limitation the content of the Client Messages and broadcasts client messages transmitted by and through the MOBIT Products and ServicesApplication. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the MOBIT Products and Services Application by visiting the following websites:  ▪ Federal Trade Commission, xxxx://xxx.xxx.xxx  ▪ Federal Communications Commission, xxxx://xxx.xxx.xxx  ▪ Canadian Radio-Television and Telecommunications Commission, xxxx://xxxx.xx.xx ▪ DoNotCall Registry Info, xxxx://xxx.xxxxxxxxx.xxx  ▪ Mobile Marketing Association, xxxx://xxx.xxxxxxxxx.xxx ▪ The Australian Communications and Media Authority (ACMA), xxxx://xxx.xxxx.xxx.xx/  xxxx://xxx.xxxx.xxx.xx ▪ Telecommunications Users Association of New ZealandZealand (TUANZ), TUANZ xxxx://xxxxx.xxx.xx/ xxxx://xxxxx.xxx.xx Without limiting the foregoing, any and all Consumer Contacts consumer contacts provided by you to MOBIT the Application shall consist of individuals that have provided “prior express written consent” to receive text messages from you, within the meaning of the Telephone Consumer Protection Act (47 USC § 227) (the TCPA), the Canadian Anti-Spam Legislation (CASL), and its their implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (the “TCPA”), to time to the telephone number(s) provided by such individuals. You shall retain the records of each individual’s “prior express written consent” (“Consent Records”) for a minimum of seven (7) years following creation of same, and shall provide such Consent Records to MOBIT within three (3) business days of receipt of a MOBIT request at any time. The Consent Records shall include, at a minimum, the Consent Language, the IP address of the source of the Consumer Contact data and the date and time stamp indicating the time that the Consumer Contact data was collected. You agree to fully indemnify and hold MOBIT the Company harmless from and against any and all liability, claims, judgments, settlement amounts amounts, or other costs incurred by MOBIT the Company (including attorneys’ fees and court costs) in connection with your failure, or suspected failure, to comply with the provisions set forth out in this section. The TCPA, the Amended Telemarketing Sale Rule (“ATSR”), 16 CFR 310 et seq, the DNC list registry rules (xxxx://xxx.xxxxxxxxx.xxx) and various state laws, rules and regulations place restrictions on certain types of text messages. MOBIT is in no way attempting to interpret, or offer advice with respect to, any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your Client Messagesclient messages, broadcasts broadcasts, and campaigns prior to using the MOBIT Products and ServicesApplication. You are ultimately responsible to make your own informed decisions regarding your Client Messagesclient messages, broadcasts, and campaigns. You shall schedule campaigns and the associated customer messages responsibly, in a manner that is courteous to the recipients and in full compliance with local, state, national, and international calling time rules and regulations. Other than the content (page amd text message templates) made available to you by MOBITthe Application, you are solely responsible for obtaining any and all rights or licenses to any data, including any images or video files, for inclusion in any outbound Client Messages, client messages and campaigns. If you are unfamiliar or unclear as to the legalities associated with any Client Messageclient message, broadcast broadcast, or campaign, you must should consult with a legal advisor or attorney prior to your use of before using the MOBIT Products and ServicesApplication. You acknowledge and agree that the MOBIT Products and Services are Application is provided for professional business use only, and you agree that your use of the MOBIT Products and ServicesApplication, your Client Messagesclient messages, your Client Content client content (as defined below) ), and your Client Feedback client feedback (as defined below) shall not include, comprise comprise, or consist of:  ▪ Sending unsolicited marketing messages or broadcasts (i.e. that is, spam);  ▪ Sending any calls or Client Messages client messages to life-line services, such as hospitals, fire, police, 911 911, or utility- related telephone numbers;  ▪ Using strings of numbers, numbers (as it is unlawful to engage two or more lines of a multi-line business);  Harvesting, ▪ Harvesting or otherwise collecting information about others, others without their consent;  ▪ Misleading others as to the identity of the sender of your Client Messages client message or broadcasts, broadcasts by creating a false identity, by impersonating the identity of someone/someone or something else else, or by providing contact details that do not belong to you;  ▪ Transmitting, associating associating, or publishing any unlawful, racist, harassing, libelouslibellous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic pornographic, or otherwise objectionable material of any kind;  ▪ Transmitting any material that may infringe upon the intellectual property rights of third parties, including trademarks, copyrights copyrights, or other rights of publicity;  ▪ Transmitting any material that contains viruses, trojan horsesTrojan Horses, worms, time bombs, cancel-bots bots, or any other harmful/harmful or deleterious programs;  ▪ Interfering with, or disrupting, networks connected to the MOBIT Products and Services Application or violating the regulations, policies policies, or procedures of such networks;  ▪ Attempting to gain unauthorized access to the MOBIT Products and ServicesApplication, other accounts, computer systems systems, or networks connected to the MOBIT Products and Services, Application through password mining or any other means;  Interfering with anothers use or enjoyment of the MOBIT Products and Services; or  ▪ Engaging in any other activity that MOBIT the Company believes could subject it to criminal liability or civil penalty/penalty or judgment. You agree to provide your valid and legally sufficient contact information in connection with any outbound campaign within the initial greeting Client Messageclient message. You further agree that MOBIT the Company is, under no circumstances, responsible for the contents and/or or accuracy of your Client Messages client messages and MOBIT the Company via the Application will only transmit them on a good good-faith belief that you use the MOBIT Products and Services Application in accordance with the Agreementagreement. You will provide your own files content for all outbound campaigns. MOBIT The Company will not be liable for any misuse of the MOBIT Products and Services Application by you. MOBIT The Company is not responsible for the views or opinions contained in any of your Client Messagesclient messages.

Usage Policy. ‌ You represent and warrant that the owners of the phone numbers (consumer contacts) that you provide to MOBITthe Company and the Application, to which outbound Client Messages client messages are transmitted by and through the Service (“Consumer Contacts”)Application, have provided all requisite consent under applicable law laws to receive such messages and broadcasts from you. You agree that you will include clear opt-opt out/unsubscribe information on EVERY Client Message client message that you send through the Services. You further agree that any individual requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts as used with the MOBIT Products and Services. You represent and warrant that you and your Client Messages will abide, fully, with the then-current guidelines and/or Best Practices set forth by both the Mobile Marketing Association (“MMA”) and all participating mobile telephone carriers, and other industry and government rules and regulations that may be in effect now or in the future with respect to mobile marketing (collectively, “Mobile Marketing Laws”)Application. You agree to familiarize yourself with and abide by all applicable local, state, national national, and international laws and regulations and are solely responsible for all acts or omissions that occur in connection with your account, including without limitation the content of the Client Messages and broadcasts client messages transmitted by and through the MOBIT Products and ServicesApplication. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, calls, broadcasts, and campaigns transmitted through the MOBIT Products and Services Application by visiting the following websites:  Federal Trade Commission, xxxx://xxx.xxx.xxx  Federal Communications Commission, xxxx://xxx.xxx.xxx  Canadian Radio-Television and Telecommunications Commission, xxxx://xxxx.xx.xx  DoNotCall Registry Info, xxxx://xxx.xxxxxxxxx.xxx  Mobile Marketing Association, xxxx://xxx.xxxxxxxxx.xxx  The Australian Communications and Media Authority (ACMA), xxxx://xxx.xxxx.xxx.xx/ xxxx://xxx.xxxx.xxx.xx  Telecommunications Users Association of New ZealandZealand (TUANZ), TUANZ xxxx://xxxxx.xxx.xx/ xxxx://xxxxx.xxx.xx Without limiting the foregoing, any and all Consumer Contacts consumer contacts provided by you to MOBIT the Application shall consist of individuals that have provided “prior express written consent” to receive text messages from you, within the meaning of the Telephone Consumer Protection Act (47 USC § 227) (the TCPA), the Canadian Anti-Spam Legislation (CASL), and its their implementing regulations adopted by the Federal Communications Commission (47 CFR § 64.1200), as amended from time-to-time (the “TCPA”), to time to the telephone number(s) provided by such individuals. You shall retain the records of each individual’s “prior express written consent” (“Consent Records”) for a minimum of seven (7) years following creation of same, and shall provide such Consent Records to MOBIT within three (3) business days of receipt of a MOBIT request at any time. The Consent Records shall include, at a minimum, the Consent Language, the IP address of the source of the Consumer Contact data and the date and time stamp indicating the time that the Consumer Contact data was collected. You agree to fully indemnify and hold MOBIT the Company harmless from and against any and all liability, claims, judgments, settlement amounts amounts, or other costs incurred by MOBIT the Company (including attorneys’ fees and court costs) in connection with your failure, or suspected failure, to comply with the provisions set forth out in this section. The TCPA, the Amended Telemarketing Sale Rule (“ATSR”), 16 CFR 310 et seq, the DNC list registry rules (xxxx://xxx.xxxxxxxxx.xxx) and various state laws, rules and regulations place restrictions on certain types of text messages. MOBIT is in no way attempting to interpret, or offer advice with respect to, any laws, rules, or regulations. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your Client Messagesclient messages, broadcasts broadcasts, and campaigns prior to using the MOBIT Products and ServicesApplication. You are ultimately responsible to make your own informed decisions regarding your Client Messagesclient messages, broadcasts, and campaigns. You shall schedule campaigns and the associated customer messages responsibly, in a manner that is courteous to the recipients and in full compliance with local, state, national, and international calling time rules and regulations. Other than the content (page amd text message templates) made available to you by MOBITthe Application, you are solely responsible for obtaining any and all rights or licenses to any data, including any images or video files, for inclusion in any outbound Client Messages, client messages and campaigns. If you are unfamiliar or unclear as to the legalities associated with any Client Messageclient message, broadcast broadcast, or campaign, you must should consult with a legal advisor or attorney prior to your use of before using the MOBIT Products and ServicesApplication. You acknowledge and agree that the MOBIT Products and Services are Application is provided for professional business use only, and you agree that your use of the MOBIT Products and ServicesApplication, your Client Messagesclient messages, your Client Content client content (as defined below) ), and your Client Feedback client feedback (as defined below) shall not include, comprise comprise, or consist of:  Sending unsolicited marketing messages or broadcasts (i.e. that is, spam);  Sending any calls or Client Messages client messages to life-line services, such as hospitals, fire, police, 911 911, or utility- related telephone numbers;  Using strings of numbers, numbers (as it is unlawful to engage two or more lines of a multi-line business);  Harvesting, Harvesting or otherwise collecting information about others, others without their consent;  Misleading others as to the identity of the sender of your Client Messages client message or broadcasts, broadcasts by creating a false identity, by impersonating the identity of someone/someone or something else else, or by providing contact details that do not belong to you;  Transmitting, associating associating, or publishing any unlawful, racist, harassing, libelouslibellous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic pornographic, or otherwise objectionable material of any kind;  Transmitting any material that may infringe upon the intellectual property rights of third parties, including trademarks, copyrights copyrights, or other rights of publicity;  Transmitting any material that contains viruses, trojan horsesTrojan Horses, worms, time bombs, cancel-bots bots, or any other harmful/harmful or deleterious programs;  Interfering with, or disrupting, networks connected to the MOBIT Products and Services Application or violating the regulations, policies policies, or procedures of such networks;  Attempting to gain unauthorized access to the MOBIT Products and ServicesApplication, other accounts, computer systems systems, or networks connected to the MOBIT Products and Services, Application through password mining or any other means;  Interfering with anothers use or enjoyment of the MOBIT Products and Services; or  Engaging in any other activity that MOBIT the Company believes could subject it to criminal liability or civil penalty/penalty or judgment. You agree to provide your valid and legally sufficient contact information in connection with any outbound campaign within the initial greeting Client Messageclient message. You further agree that MOBIT the Company is, under no circumstances, responsible for the contents and/or or accuracy of your Client Messages client messages and MOBIT the Company via the Application will only transmit them on a good good-faith belief that you use the MOBIT Products and Services Application in accordance with the Agreementagreement. You will provide your own files content for all outbound campaigns. MOBIT The Company will not be liable for any misuse of the MOBIT Products and Services Application by you. MOBIT The Company is not responsible for the views or opinions contained in any of your Client Messagesclient messages.