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Welcome to ProspectingIQ™! This Terms of Use Agreement ('Agreement') is a legal agreement that governs all use of the services (including websites) provided by Mobiletivity, Inc. d/b/a ProspectingIQ (hereinafter referred to as “ProspectingIQ, “we”, or “us”). It applies to all access to or use of the ProspectingIQ’s websites, mobile apps, and services (collectively, “Software”)

By accessing or using the Software, you agree to be bound by the terms and conditions of this Agreement and it becomes a legally binding commitment between you and ProspectingIQ. If you do not agree to the terms and conditions below, you may not use the Software. You should leave his website immediately by closing your internet browser.

1. License Grant: Subject to the terms and conditions of this Agreement, ProspectingIQ grants you a non-exclusive, non-transferable, revocable license to use the Software for your personal or business use.
   
   
2. Use of Our Software: Our Software allows you to send and receive SMS and MMS messages to and from mobile phones. You agree to use our Software only for lawful purposes and in accordance with these terms and conditions of use.
   
   
3. Service Availability: ProspectingIQ is not responsible for the final delivery of any communication initiated through our Software, as this is out of our control and is the responsibility of downstream communications carriers. Furthermoe, ProspectingIQ is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from ProspectingIQ for any such non-deliveries.
   
   
4. User Information: To use our Software, you may be required to create an account and provide certain information about yourself  and your business as part of the registration process. You agree that any information you provide to us will be accurate, current, and complete, and you will update it as necessary.
   
   
5. Restrictions: You shall not, and shall not allow any third party to: (a) copy, modify, or distribute the Software; (b) reverse engineer, decompile, or disassemble the Software; (c) remove any copyright or other proprietary notices from the Software; (d) use the Software in any manner that violates applicable laws or regulations; (e) use the Software to transmit or distribute unsolicited commercial messages or spam; (f) use the Software to engage in any illegal, harmful, or fraudulent activities; (g) interfere with or disrupt the integrity or performance of the Software; (h) access the Software in order to build a competitive product or service; (i) use the Software for any purpose other than its intended use as specified by ProspectingIQ.
   
   
6. Intellectual Property: The Software, including all intellectual property rights, is and shall remain the exclusive property of ProspectingIQ. This Agreement does not grant you any ownership rights in the Software.
   
   
7. Data Deletion: Upon termination of your use of the Software or upon your request, ProspectingIQ may delete all personal information and data associated with your account within a reasonable time frame, unless retention is required by applicable law or legitimate business purposes. Please note that residual copies of data may remain in backup systems or archives for a limited period of time.
   
   
8. Data Loss: ProspectingIQ takes reasonable measures to prevent data loss, including regular backups. However, you understand and acknowledge that ProspectingIQ cannot guarantee that data loss will never occur. It is your responsibility to regularly export your data and take necessary precautions to prevent data loss. You agree to not hold us liable for any damages, losses, or other consequences that you may incur as a result.
   
   
9. Privacy: Your use of the Software is subject to ProspectingIQ's Privacy Policy, which is incorporated by reference into this Agreement. By using the Software, you consent to the collection, use, and disclosure of your personal information as described in the Privacy Policy.
   
   
10. Warranty Disclaimer: THE SOFTWARE IS PROVIDED 'AS IS' WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED. PROSPECTINGIQ DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
    
    
11. Limitation of Liability: PROSPECTINGIQ SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SOFTWARE, EVEN IF PROSPECTINGIQ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
    
    
12. Indemnification: You agree to indemnify and hold us and our affiliates, licensors, and service providers harmless from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees arising out of or in connection with your use of our Software.
    
    
13. Termination: This Agreement is effective until terminated. ProspectingIQ may terminate this Agreement at any time without notice if you breach any provision of this Agreement. Upon termination, you must cease all use of the Software and destroy all copies of the Software in your possession.
    
    
14. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of state of California. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of state of California.
    
    
15. Entire Agreement: This Agreement constitutes the entire agreement between you and ProspectingIQ regarding the subject matter hereof and supersedes all prior or contemporaneous agreements, understandings, and representations, whether oral or written.
    
    
16. Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.
    
    
17. Refund Policy:  This section outlines our refund policy for the subscription purchase of our ProspectingIQ Software. Please read this policy carefully before making a purchase. Our Software is often offered on a subscription basis, billed monthly or annually. We do not provide any refund (for service or text credits) if you choose not to use or utilize the full extent of your purchased or subscribed Software. In exceptional circumstances, such as a proven billing error on our part, we may consider providing a refund at our sole discretion.
    
    
18. Changes to These Terms of Use: We reserve the right to change these terms of use from time to time without prior notice to you, and any revised terms will supersede prior versions. Your continued use of our Software following the posting of revised terms and conditions of use means that you accept and agree to the changes.
    
    
19. Contact Information: If you have any questions or comments about these terms of use, Click Here to contact us. 

By using the Software, you acknowledge that you have read and understood this Agreement and agree to be bound by its terms and conditions.

Last updated 06/05/2023

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