TERMS

Updated April 2020

Adva Mobile, Inc. (“Adva Mobile”, “we” or “us”) provides a mobile marketing and technology services platform to enable customers (“Adva Mobile Customers”) to develop and manage responsive Web Apps (Web pages), acquire and engage, through marketing technology and other means, opted in users of an Adva Mobile customer, including collecting information about these users, and provide related site/App hosting and marketing support services (the "Service"). By using the Advamobile.com web site ("Site") and/or the Service, you are agreeing to be bound by the following terms and conditions ("Terms of Service"). IF YOU DO NOT AGREE TO THESE TERMS, YOU CANNOT USE THE ADVA MOBILE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. Adva Mobile reserves the right to update and change the Terms of Service from time to time without advance notice. If we modify these Terms of Service, we will post the modification on the Site or provide you with notice of the modification. We will also update the "Updated Date" at the top of these Terms of Service or on the Site. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. By continuing to access or use the Site and Service after we have posted a modification to these Terms of Service on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to you, your recourse is to cease using the Site and Service. You can review the most current version of the Terms of Service at https://www.advamobile.com/Terms.aspx. Any violation of any of the terms below may result in the termination of your Account. You agree to use the Service at your own risk and subject to the terms set forth below. You must be 13 years or older to use this Service and open an account ("Account"). You must be a human. Accounts registered by "bots" or other automated methods are not permitted. Requirement of Express Consent to send Messages to a Recipient

The Adva Mobile Service provides, among other services, the ability to send Email and SMS Text Messages to opted in End Users. You will not send or facilitate the sending of any email or SMS Text message or communications using the Adva Mobile Service if the recipient has not given you prior express written consent. Under no circumstances will you send Spam (defined below). It shall be your responsibility to first obtain express written consent from any recipient before sending any message or communications using the Adva Mobile Service and to supply them with any required disclosures concerning messaging and data rates that may be applicable. The Adva Mobile Service may supply the tools to accomplish these disclosures. There are limited ways for you to obtain written consent. Generally, this consent may be obtained when an End User opts in to marketing via Your Adva Mobile provided opt in form, an Adva Mobile provided opt in widget placed on your e-commerce website, general website or platform of Your choice, via INCOMING SMS, MMS, voice call or other form of communication from the End User that authorizes you to deliver marketing messages using an automatic telephone dialing system with prerecorded message or SMS Text Message to the specific number of the End User. For emails and SMS Texts sent to End Users, you will include an automated opt-out mechanism that will allow customers or potential customers to opt-out of receiving email, SMS or MMS messages if they wish not to receive any further email SMS or MMS messages. The Adva Mobile Service may facilitate the execution of this requirement. See Adva Mobile’s Privacy Policy for information and notices concerning Adva Mobile’s collection and use of your personal information and that of end users.

License Grant, Copyright and Content Ownership

Adva Mobile grants you a limited, revocable, non-exclusive, non- transferable license to use the Adva Mobile software (“Software”) to access Adva Mobile’s Service for your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement. You agree not to resell the Software. You may not modify, reverse engineer, decompile or disassemble the Software. You may not copy, adapt, alter, modify, translate, or create derivative works of the Software without written authorization from Adva Mobile. Adva Mobile does not pre-screen Content, but Adva Mobile and its designee have the right (but not the obligation) in their sole discretion to refuse to publish or remove any Content that is available via the Service. In particular, Content that is in violation of the guidelines of the Mobile Marketing Association can be removed without notice. You may not use the Software for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene or that infringes the rights or intellectual property of others. You may not use the Software in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. Any such forbidden use shall immediately terminate Your license to the Software.

You hereby grant to Adva Mobile a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, access, view, copy, adapt, modify, distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast and otherwise exploit any Content in any and all media now and in the future that you have uploaded to the Adva Mobile Portal, for any purpose relating to the Service. Adva Mobile does not claim any ownership rights in your Content and nothing in these Terms of Service will be deemed to restrict any rights that you may have to use and exploit any such Content.

We claim no intellectual property rights over your Content. Your profile and materials uploaded by you remain yours. However, by using the Service to create your Mobile Website and/or Apps, you agree to allow others to view and share your Content via your Mobile Website and Web App. You are solely responsible for your conduct, the content of Your data and your communications with others while using the Adva Mobile Service. We will maintain administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Your Data as described in our Privacy Policy. We do not guarantee that Your Data will be free from loss, theft, misuse, or unauthorized access.

The Site and the Service, including their "look and feel" are protected by copyright, trademark, and other laws of the United States and foreign countries. Adva Mobile exclusively owns all right, title and interest in and to the Site and the Service, including all associated intellectual property rights. Without limiting the foregoing, you may not duplicate, copy, or reuse any portion of the HTML/CSS or visual design elements of the Site or the Service without express written permission from Adva Mobile.

You shall be solely responsible for securing and paying for all digital phonorecord delivery mechanical licenses, any public performance licenses, synchronization licenses and any other licenses from musical composition copyright owners (or their agents) required in connection all Content selected by you for use in connection with your Mobile Website or Apps.

You must provide a valid email address and any other information requested in order to complete the signup process to open an Account. You are responsible for maintaining the security of your Account and password. Adva Mobile cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.

Spam Policy

We have a zero tolerance policy regarding the delivery of spam or unwanted commercial messages using the Adva Mobile Service. You will not send or facilitate the sending of Spam using the Service. Accounts that send Spam or that we believe may be facilitating Spam may be suspended and terminated.

“Spam” is defined by this Agreement as any message the principal purpose of which is to promote the sale of goods or services without the prior consent of the recipient. This includes the content which has a commercial purpose or promotes a political message or objective. Under no circumstances may a SMS Text message be sent to a recipient that has not explicitly opted in to an Adva Mobile Customer’s text marketing program.

Payments and Refund Terms

Except in connection with any free feature of the Service, a valid credit card Account is required. The Service is billed in advance on a monthly or yearly basis and is non-refundable. There will be no refunds or credits for setup fees, partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open Account.

All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.

If invoiced, payment is due upon receipt.

When you register for Adva Mobile and agree to continue with a paid Plan, we will require you to select a plan and pay by entering your credit card information. You authorize Adva Mobile to charge your credit card for any unpaid charges related to the Services. You authorize the issuer of the credit card to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts. You authorize Adva Mobile and/or any other company who bills products or services or acts as billing agent for Adva Mobile to bill you on a recurring monthly basis on the monthly anniversary of your initial registration for a paid plan.

You will provide Adva Mobile with updated credit card information upon our request and any time the information you previously provided is no longer valid. You are solely responsible for maintaining and updating the credit card information.

For paid plans, usage and monthly fees will be charged directly to the credit card you provide to us as specified in our pricing plans found at https://www.advamobile.com/plans.aspx. Except as provided below, monthly services and certain other charges are billed and charged one month in advance.

Recipients of your text messages sent and voice calls made using the Adva Mobile Service will be charged in accordance with the voice, data and messaging rates established by the recipient’s carriers.

You are responsible for, and agree to pay, all sales, use, excise, and value-added taxes, or taxes of a similar nature (excluding personal property taxes and taxes based on Adva Mobile’s income which shall be borne by us), imposed by the United States, any state or local government, or other taxing authority, on all goods and/or services provided to a Customer by Adva Mobile under this Agreement.

Revenue Share

If you decide to sell any physical or digital media (including music, videos or other content) through the Mobile Website or App by using iTunes, Amazon, Google Play or other affiliation store ("Stores"), we may establish the affiliate links to these Stores. You acknowledge and agree that Adva Mobile may use affiliate links to the Stores and retain 100% of the applicable affiliate revenue.

You may sell digital and physical goods through our Service to fans and consumers on their phone through an Adva Mobile system. The Adva Mobile System provide a promotional capability, whereby goods may be placed, described, and advertised on mobile web pages and Apps, a procurement system, whereby goods by be ordered, and a payment transaction system. The payment transaction system is provided by Stripe. Adva Mobile is an Affiliate of the Stripe payment transaction system, and the payment terms applicable to each transaction are governed by the terms of our agreement with Stripe. These terms form an important part of our Agreement with you if you use our Service to sell goods. The Stripe terms may be read here. Adva Mobile does not provide fulfillment services of physical goods, and it is the responsibility of the Customer to provide fulfillment services to the fan or consumer.

Payments

For goods sold through Adva Mobile's Stripe System: If you have a Stripe account, Stripe terms govern the payment of any transaction involving goods. Adva Mobile will deposit payments made for goods into your Stripe Account, if you have one, within two business days of the completion of the transaction. If you do not have a Stripe account, we or Stripe will contact you, through an email address that you have provided to us at Registration and which we provide Stripe, for disposition of any funds you are due. You may be required to have a Stripe Account for payments to be automatically transferred to you.

Fees

Adva Mobile does not charge Artists or Businesses Fees to use our Stripe Payment System. Adva Mobile Fees, and any Stripe processing Fees, are added to the goods price offered to the fan or consumer, and, along with any shipping and other fees, are paid by the fan or consumer. Currently, Adva Mobile adds a transaction fee of 10%, with a minimum of $0.10 and a maximum of $2.00 for each item.

Modifications to the Service and Prices

Adva Mobile reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without prior notice.

Prices for the Service, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to the Site or via the Service itself.

Adva Mobile shall not be liable to you or to any third party for any of the actions or inactions of its third party business partners regarding modification, price changes, suspension or discontinuance of the services of such third party business partners which work or integrate with the Service.

From time to time, Adva Mobile may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be pushed out automatically with little or no notice, although Adva Mobile will make commercially reasonable efforts to notify you in advance of an upcoming update, including details on what the update includes.

End Users and End User Data

Adva Mobile collects certain information generated or provided by End Users of a Mobile Site or Web App, emails, Text Messages and other communications. (“End User Data”). End User Data may include the personally identifiable information and/or non-personally identifiable information of End Users. You acknowledge and agree that:

You and your Mobile Website and Web Apps abide by all applicable privacy laws and regulations, and by the terms and conditions set forth by the Carriers and the guidelines of the Mobile Marketing Association. Adva Mobile Services provide compliance for some, but not all, of these requirements.

You agree to comply with the terms and conditions of our Privacy Policy. In the event that any modifications are made to the Privacy Policy that prohibit or materially impair Adva Mobile’s ability to provide the Service or potentially subjects you or Adva Mobile to claims of third parties or enforcement authorities, Adva Mobile may suspend, discontinue or terminate performance of the Service, in our sole discretion.

You are solely responsible for your interactions (including any disputes) with End Users and Adva Mobile does not in any way screen End Users. Adva Mobile may, but is under no obligation to, monitor or censor any comments made by End Users or content provided by End Users and disclaims any and all liability relating thereto.

Your Web App Content

You agree that you will not post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is targeted to children or may be deemed “directed to children” as the term is defined under Children’s Online Privacy Protection Act of 1998; (v) is defamatory, obscene, pornographic, vulgar or offensive; (vi) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vii) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (viii) promotes illegal or harmful activities or substances. You will not publish, submit or transmit any Content that is in violation of the guidelines of the Mobile Marketing Association.

You acknowledge that Adva Mobile has no obligation to monitor your access to or use of the Site or Service, or to review or edit any Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Adva Mobile reserves the right, at any time and without prior notice, to remove or disable access to any Content and Accounts we determine in our sole discretion to be in violation of these Terms or otherwise harmful to the Site or Service.

You understand that Adva Mobile uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, or any other Adva Mobile service.

You agree not to reproduce, duplicate, copy, reverse engineer, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Adva Mobile.

Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Adva Mobile customer, employee, member, or officer will result in immediate Account termination.

You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.

You must not transmit any worms or viruses or any code of a destructive nature.

Cancellation and Termination

You may terminate this Agreement by simply discontinuing use of the Adva Mobile Service. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. Adva Mobile, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Adva Mobile service, for any reason at any time. The reasons we might do this include your violation of these Terms of Service. If your account is inactive for 90 days, Adva Mobile may reclaim the Adva Mobile phone number that was assigned to you when you signed up to use the Services.

Adva Mobile reserves the right to refuse service to anyone for any reason at any time.

Disclaimers

Your use of the Service is at your sole risk. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ADVA MOBILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY, RELATING TO THE SITE, SERVICES, CONTENT AND USER SUBMISSIONS, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, COURSE OF DEALING OR COURSE OF PERFORMANCE. Adva Mobile does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.

Indemnity

You agree to defend, indemnify, and hold Adva Mobile, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation reasonable attorney’s fees and costs, arising out of or in any way connected with (i) your access to or use of the Site or the Service; (ii) your violation of these Terms of Service; or (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right by you or your Mobile Offering.

Limitation of Liability

You expressly understand and agree that Adva Mobile shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Adva Mobile has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Service; (v) or any other matter relating to the Service. In no event shall Adva Mobile’s liability to you exceed the amount actually paid to Adva Mobile by you during the preceding six (6) months.

Governing Law

These Terms of Service and any action related thereto will be governed by the laws of the State of Rhode Island without regard to its conflict of laws provisions.

Dispute Resolution

You and Adva Mobile agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Site, Services or Mobile Web Sites or Apps (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Adva Mobile are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Adva Mobile otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms of Service.

The failure of Adva Mobile to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Adva Mobile and govern your use of the Service, superseding any prior agreements between you and Adva Mobile (including, but not limited to, any prior versions of the Terms of Service). If for any reason a court of competent jurisdiction finds any provision of these Terms of Service invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms of Service with remain in full force and effect.

Contacting Adva Mobile; Technical Support

If you have any questions about these Terms, please contact us via email at help@advamobile.com or call us at 877-752-5116