Terms of Service

1. Agreement to Terms

These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you" or "your") and Pinglo LLC ("Company", "we", "us", or "our"), concerning your access to and use of the pinglo.io website, the short message and multimedia messaging services provided therein, the software, technical, and communications platform(s) available on and through pinglo.io as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the "Site").

We are registered in Virginia, United States and have our registered office at 20130 Lakeview Center Plaza Ste. 400, Ashburn, VA 20147. You agree that by accessing the Site, you have read, understood, and agree to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the "Last updated" date of these Terms of Use, and you waive any right to receive specific notice of each such change.

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.

2. Description of Site

The Site provides notification and messaging services that allows paid subscribers to contact and send information to their user database through mobile text messaging services and other mobile communication systems. After purchasing a subscription to the Site, you can communicate with your customers.

As part of the Site, we provide you with the means to input names and contact information (including mobile phone numbers, email addresses, and other information) that have been collected by you on an opt-in basis and to help you import such customer data (collectively, "Customer Data"). However, contact information should be imported only if your users have given you consent to receive a specified type of messaging from you (as required by applicable law or your privacy policy).

Further, Company does not initiate, send, or generate any messages for you or on your behalf; rather, the messages are initiated by you using our Site at your sole discretion, subject to these Terms of Service. For example, Company does not draft the content of your messages, control when the messages are sent or to whom, or provide or generate any phone numbers to be messaged through the Site. All of these functions must be manually performed by you and are not automated.

The Site may NOT be used for sending any unsolicited messages except with our prior written approval and may NOT be used for sending any messages that violate applicable law or these Terms of Service. Additionally, the Site may only be used for sending and receiving communications with individuals who are located within the United States.

3. Compliance Requirements

You shall only utilize the Site in compliance with the Telephone Consumer Protection Act ("TCPA"), the CAN-SPAM Act, and all other applicable laws and regulations. You acknowledge and agree that you are solely responsible for ensuring compliance with these laws, and that the Company (including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees) shall not be liable for any violations arising from your actions.

The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

4. Intellectual Property Rights

Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the "Content") and the trademarks, service marks, and logos contained therein (the "Marks") are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

The Content and the Marks are provided on the Site "AS IS" for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.

5. User Representations

By using the Site, you represent and warrant that:

• All registration information you submit will be true, accurate, current, and complete
• You will maintain the accuracy of such information and promptly update such registration information as necessary
• You have the legal capacity and you agree to comply with these Terms of Use
• You are not a minor in the jurisdiction in which you reside
• You will not access the Site through automated or non-human means, whether through a bot, script or otherwise
• You will not use the Site for any illegal or unauthorized purpose
• You will not engage in any activities through or in connection with the Site that seek to attempt to or do harm any individuals or entities
• Your use of the Site will not violate any applicable law or regulation

Additionally, you represent and warrant that all recipients of marketing text messages have provided prior express written consent to receive such messages in compliance with the Telephone Consumer Protection Act and any applicable state laws. You agree to indemnify and hold harmless Company from any and all claims, damages, or liabilities arising from the failure to obtain such consent.

You represent and warrant that you will not send marketing messages to individuals who have not opted in to receive such messages, and you agree not to provide any telephone numbers for call and/or message recipients who have opted out or who are on the National Do Not Call Registry or any state do not call registry.

You agree to include a clear and easy opt-out mechanism in all marketing text messages, in compliance with the TCPA and applicable laws. Recipients must be able to opt out at any time by responding with a keyword such as 'STOP' or another compliant method.

6. User Registration

You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

7. Fees and Payment

We accept the following forms of payment:

• Visa
• Mastercard
• American Express
• Discover

You may be required to purchase or pay a fee to access some of our services. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed.

We bill you through an online billing account for purchases made via the Site. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars. You agree to pay all charges or fees at the prices then in effect for your purchases, and you authorize us to charge your chosen payment provider for any such amounts upon making your purchase.

We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment. We also reserve the right to refuse any order placed through the Site.

8. Free Trial

We offer a 14-day free trial to new users who register with the Site. The account will not be charged and the subscription will be suspended until upgraded to a paid version at the end of the free trial. At the end of the trial period, your account will automatically convert to a paid subscription unless you cancel before the trial ends. We reserve the right to modify or discontinue free trials at any time.

9. Cancellation

All purchases are non-refundable except as expressly stated in these Terms or required by law. You can cancel your subscription at any time by logging into your account or contacting us. Your cancellation will take effect at the end of the current paid term. If you are unsatisfied with our services, please email us at support@pinglo.io.

10. Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us. As a user of the Site, you agree NOT to:

• Systematically retrieve data or other content from the Site to create or compile a collection, compilation, database, or directory without written permission from us
• Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords
• Circumvent, disable, or otherwise interfere with security-related features of the Site
• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site
• Use any information obtained from the Site in order to harass, abuse, or harm another person
• Make improper use of our support services or submit false reports of abuse or misconduct
• Use the Site in a manner inconsistent with any applicable laws or regulations
• Engage in unauthorized framing of or linking to the Site
• Upload or transmit viruses, Trojan horses, or other material that interferes with any party's uninterrupted use of the Site
• Engage in any automated use of the system, such as using scripts to send comments or messages
• Delete the copyright or other proprietary rights notice from any Content
• Attempt to impersonate another user or person or use the username of another user
• Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site
• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you
• Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise
• Send unsolicited messages or spam through the Site
• Send messages that violate applicable law, including but not limited to the TCPA and CAN-SPAM Act

11. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION.

We may terminate your use or participation in the Site or delete your account and any content or information that you posted at any time, without warning, in our sole discretion. If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party.

Upon termination:

• Your access to the Services will be immediately suspended
• Any outstanding fees become immediately due
• We may delete your account data after 30 days
• Provisions that should survive termination will remain in effect

12. Disclaimer

THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE'S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY:

• Errors, mistakes, or inaccuracies of content and materials
• Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Site
• Any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein
• Any interruption or cessation of transmission to or from the Site
• Any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party
• Any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site

WE DO NOT GUARANTEE MESSAGE DELIVERY RATES OR TIMING. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE.

13. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE TWELVE (12) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING.

CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

14. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys' fees and expenses, made by any third party due to or arising out of:

• Your Contributions (if any)
• Use of the Site
• Breach of these Terms of Use
• Any breach of your representations and warranties set forth in these Terms of Use
• Your violation of the rights of a third party, including but not limited to intellectual property rights
• Any overt harmful act toward any other user of the Site with whom you connected via the Site
• Your violation of any applicable laws, including but not limited to the TCPA, CAN-SPAM Act, and state privacy laws

Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

15. Dispute Resolution

Binding Arbitration

Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or termination, shall be referred to and finally resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The seat of arbitration shall be Ashburn, Virginia. The arbitration shall be conducted by a single arbitrator.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law:

• No arbitration shall be joined with any other proceeding
• There is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures
• There is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration:

• Any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party
• Any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use
• Any claim for injunctive relief

16. Governing Law

These Terms shall be governed by and defined following the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions. Pinglo LLC and yourself irrevocably consent that the courts of Virginia shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

17. Privacy Policy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

18. Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

19. Modifications and Interruptions

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time.

We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors.

20. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.

These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them.