Terms and Conditions

Introduction

Welcome to thekmzadvantage.com (the "Website"). This website is operated by Mobile Notary Ally, LLC. Throughout the site, the terms the “Company”, “we”, “us”, and “our” refer to Mobile Notary Ally, LLC dba The KMZ Advantage, Kim Flanagan and the Mobile Notary Ally, LLC family of companies (hereinafter “The KMZ Advantage”).

The KMZ Advantage offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (the "Legal Terms"). This Terms of Use Agreement (the "Agreement") is made and entered into by and between you and Mobile Notary Ally, LLC DBA The KMZ Advantage (the "Company", "us", "we", or "our"). This Agreement sets forth the terms and conditions that govern your use of and access to the Website and any products, materials, and services provided by or on the Website (collectively, the "Services").

The KMZ Advantage is a comprehensive reputation management platform designed to help businesses elevate their online presence and build trust with consumers. Our services include: Automated Review Requests: We send professionally crafted text and email invitations, prompting satisfied customers to share their experiences on Google, social media, and other leading review sites. Our system uses proven messaging scripts and a strategic cadence, so you gather more authentic feedback with minimal effort. Reputation Monitoring & Insights: We track reviews and brand mentions across multiple platforms, providing you with real-time dashboards and alerts. This gives you a clear, consolidated view of reputation, helping you address potential issues before they escalate. Professional Review Responses: Our team can respond to reviews on your behalf -- thanking positive reviewers and addressing concerns from negative ones. This prompt, personalized engagement shows customers you value their feedback and care about their experience. Repurposing Reviews for Marketing: We take your best reviews and transform them into shareable social media content, highlight reels, and dynamic website widgets. This social proof helps drive more leads by showcasing your high-quality service where potential customers will see it. System Integrations: Our platform easily connects with your CRM, Google Business Profile, and social media accounts, allowing seamless automation and syncing of customer data. This way, you can send review requests automatically and centrally manage incoming reviews without juggling multiple tools. At The KMZ Advantage, our goal is to simplify and streamline the entire review and reputation management process -- so you can focus on providing excellent customer experiences while we help you shine online.

You can contact us by phone at (+1)7608008900, or email us at [email protected].

1. Acceptance of this Agreement

1.1 Acceptance Through Using or Accessing the Services

By accessing or using the Services (or by clicking on "accept" or "agree" to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement on behalf of yourself or the entity or organization that you represent. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES AND MUST EXIT THE WEBSITE AND DISCONTINUE USE IMMEDIATELY.

1.2 Eligibility Requirements to Use or Access the Services

To use the Website or any other Services, you must be: (i) at least 18 years old, and (ii) not a competitor of or using the Services for purposes that are competitive with the Company.

By accessing or using the Services, you represent and warrant that you meet all the foregoing eligibility requirements. You also represent and warrant that you have the right, authority, and capacity to enter into this Agreement on your behalf or the entity or organization that you represent. If you do not meet all these requirements, you may not use or access the Services.

1.3 Changes to this Agreement

The Company reserves the right to change this Agreement from time to time in its sole discretion. Except for changes made for legal or administrative purposes, the Company will provide reasonable advance notice before the changes become effective. All changes will apply to your use of and access to the Services from the date the changes become effective and onwards. For new users, the changes will be effective immediately.

Your continued use of or access to the Services following any changes to this Agreement shall constitute your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes. You should check this page frequently so that you are aware of any changes since they are binding on you.

2. Access to the Services

Your Submissions and Contributions

Please review this section and the "Prohibited Activities" section carefully prior to using our Services to understand the (a) rights you give us and (b) obligations you have when you post of upload any content through the Services.

Submissions:

By directly sending us any questions, comment, suggestion, idea, feedback, or other information about the Services ("Submissions"), you agree to assign to us all intellectual property rights in such Submission. You agree that we shall own the Submission and be entitled to its unrestricted use and dissemination for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you.

Contributions:

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality during which you may create, submit, post, display, transmit, publish, distribute, or broadcast content and materials to us or through the Services, including but not limited to text, writings, video, audio, photographs, music, graphics, comments, reviews, rating suggestions, personal information, or other material ("Contributions"). Any Submission that is publicly poste shall also be treated as a Contribution.

You understand the Contributions may be viewable by other users of the Services and possibly through third-party websites.

When you post Contributions, you grant us a license (including use of your name, trademarks and logos): By posting any Contributions, you grant us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to: use, copy, reproduce, distribute, sell, resell, publish, broadcast, retitle, store, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part), and exploit your Contributions (including, without limitation, your image, name, and voice) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, your Contributions, and to sublicense the licenses granted in this section. Our use and distribution may occur in any media formats and through any media channels.

This license includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos and personal and commercial images you provide.

You are responsible for what you post or upload: By sending us Submissions and/or posting Contributions through any part of the Services or making Contributions accessible through the Services by linking your account through the Services to any of your social networking accounts you:

• confirm you have read and agree with our "Prohibited Activities" and will not post, send, publish, upload, or transmit through the Services and Submission nor post any Contribution that is illegal, harassing, hateful, harmful, defamatory, obscene, bullying, abusive, discriminatory, threatening to any person or group, sexually explicit, false, inaccurate, deceitful, or misleading;

• to the extent permissible by applicable law, waive any and all moral rights to any such Submission and/or Contribution;

• warrant that any such Submission and/or Contributions are original to you or that you have the necessary rights and licenses to submit such Submissions and/or Contributions and that you have full authority to grant us the above-mentioned rights in relation to your Submissions and/or Contributions; and

• warrant and represent that your Submissions and /or Contributions do not constitute confidential information.

You are solely responsible for your Submissions and/or Contributions, and you expressly agree to reimburse us for any and all losses that we may suffer because of your breach of (a) this section, (b) any third party's intellectual property rights, or (c) applicable law.

We may remove or edit your Content: Although we have no obligation to monitor any Contributions, we shall have the right to remove or edit any Contributions at any time without notice if in our reasonable opinion we consider such Contributions harmful or in breach of these Legal Terms. If we remove or edit any such Contributions, we may also suspend or disable your account and report you to the authorities.

SOCIAL MEDIA

As part of the functionality of the Services. you may link your account with online accounts you have with third-party service providers (each such account, a "Third-Party Account" by either: (1) providing your Third-Party Account login information through the Services; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the "Social Network Content") so that it is available on and through the Services via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Services. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third-Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Services. You will have the ability to disable the connection between your account on the Services and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contact list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Services and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that became associated with your account.

THIRD-PARTY WEBSITES AND CONTENT

The Services may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Services or any Third-Party Content posted on, available through, or installed from the Services, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Services and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Legal Terms no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Services or relating to any applications you use or install from the Services. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us blameless from any harm caused by your purchase of such products or services. Additionally, you shall hold us blameless form any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.

SERVICES MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice , or liability, to remove from the Services or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Services in a manner designed to protect our rights and property and to facilitate the proper functioning of the Services.

USER DATA

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOUR HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTROIC DELIEVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

2.1 Changes to Your Access and the Services

The Services may change from time to time as the Company evolves, refines, or adds more features to the Services. The Company reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at any time without notice to you. You agree that the Company shall have no liability to you or any third party for any losses or damages caused by the Services not being available, in whole or in part, at any time or for any period.

2.2 Creating an Account

You may be required to register for an account and provide certain information about yourself to access the Services or certain features of the Services. You promise to provide us with accurate, complete, and updated information about yourself. The Company may have different types of accounts for different users. If you connect to any Services with a third-party service, you grant us permission to access and use your information from such service as permitted by that service to store your login credentials for that service. All information that you provide will be governed by our Privacy Policy (https://thekmzadvantage.com/privacy-policy/). You consent to all actions that we may take with respect to your information consistent with our Privacy Policy.

2.3 Account Responsibilities

You are entirely responsible for maintaining the confidentiality of your password and account. You are also entirely responsible for any and all activities associated with your account. Your account is personal to you and you agree not to provide any other person with access to the Services or any portions of it using your username, password, or other security information. You should ensure that you exit from your account at the end of each session. You should use extra caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You may not transfer your account to anyone else without our prior written permission. You agree to notify the Company immediately of any actual or suspected unauthorized use of your account or any other breach of security. The Company will not be liable for any losses or damages arising from your failure to comply with the above requirements. You will be held liable for losses or damages incurred by the Company or any third party due to someone else using your account or password.

2.4 Termination or Deletion of an Account

The Company shall have the right to suspend or terminate your account at any time in our sole discretion for any or no reason, including if we determine that you have violated any terms or conditions of this Agreement.

3. Policy for Using the Services

3.1 Prohibited Uses

You may use the Services for lawful purposes only and in accordance with this Agreement. You agree not to use the Services in any way that could damage the Services or general business of the Company. You may use the Services for any business or commercial purposes.

3.2 Prohibited Activities

You further agree not to engage in any of the following prohibited activities in connection with using the Services:

a. No Violation of Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws) or any contractual obligations.

b. No Unsolicited Communications. Send any unsolicited or unauthorized advertising, promotional materials, spam, junk mail, chain letters, or any other form of unsolicited communications, whether commercial or otherwise.

c. No Impersonation. Impersonate others or otherwise misrepresent your affiliation with a person or entity in an attempt to mislead, confuse, or deceive others.

d. No Harming of Minors. Exploit or harm minors in any way, including exposing inappropriate content or obtaining personally identifiable information.

e. Compliance with Content Standards. Upload, display, distribute, or transmit any material that does not comply with the Content Standards set out below in this Agreement.

f. No Interference with Others' Enjoyment. Harass or interfere with anyone's use or enjoyment of the Services, or expose the Company or other users to liability or other harm.

g. No Interference or Disabling of the Services. Use any device, software, or routine that interferes with the proper working of the Services, or take any action that may interfere with, disrupt, disable, impair, or create an undue burden on the infrastructure of the Services, including servers or networks connected to the Website.

h. No Monitoring or Copying Material. Copy, monitor, distribute, or disclose any part of the Services by automated or manual processes, devices, or means. This includes, without limitation, using automatic devices such as robots, spiders, offline readers, crawlers, or scrapers to strip, scrape, or mine data from the Website; provided, however, that the Company conditionally grants to the operators of public search engines revocable permission to use spiders to copy materials from the Website for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials.

i. No Viruses, Worms, or Other Damaging Software. Upload, transmit, or distribute to or through the Services any viruses, Trojan horses, worms, logic bombs, or other materials intended to damage or alter the property of others, including attacking the Services via a denial-of-service or distributed denial-of-service attack.

j. No Unauthorized Access or Violation of Security. Violate the security of the Services through (i) any attempt to gain unauthorized access to the Services or to other systems or networks connected to the Services, (ii) the breach or circumvention of encryption or other security codes or tools, or (iii) data mining or interference to any server, computer, database, host, user, or network connected to the Services.

k. No Reverse Engineering. Reverse engineer, decompile, or otherwise attempt to obtain the source code or underlying information of or relating to the Services.

l. No Collecting User Data. Collect, harvest, or assemble any data or information regarding any other user without their consent. This includes, without limitation, their emails, usernames, or passwords.

m. No Other Interference. Otherwise attempt to interfere with the proper working of the Services.

n. Attempt or Assist Others in Attempting. Attempt any of the foregoing or assist, permit, or encourage others to do or attempt any of the foregoing.

You may not access or use the Services for any purpose other than that for which we make the Services available. The Services may not be used in connection with an commercial endeavors except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

• Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, 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 Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

• Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Services.

• Use any information obtained from the Services in order to harass, abuse, or harm another person.

• Make improper us of our support services or submit false reports of abuse or misconduct.

• Use the Services in a manner inconsistent with any applicable laws or regulations.

• Engage in unauthorized framing of or linking to the Services.

• Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of the capital letters and spamming (continuous posting or repetitive text), that interferes with an y party's uninterrupted use and enjoyment of the Services or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

• Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

• 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.

• Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats ("gifs"), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as "spyware" or "passive collection mechanisms" or "pcms").

• Interfere with, disrupt, or create an undue burden on the Services or the networks or services connected to the Services.

• Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Services to you.

• Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

• Copy or adapt the Services' software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

• Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services.

• Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

• Use of a buying or purchasing agent to make purchases on the Services.

• Make any unauthorized use of the Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

• Use the Services as part of any effort to compete with us or otherwise use the Services and/or the Content for any revenue-generating endeavor or commercial enterprise.

• Sell or otherwise transfer your profile.

3.3 Geographic Restrictions

The Company is based in the United States of America, in the State of California. The Services are for use by persons located in the United States. By choosing to access the Services from any location other than the United States, you accept full responsibility for compliance with all local laws. The Company makes no representations that the Services or any of its content are accessible or appropriate outside of the United States.

4. Terms and Conditions of Sale

4.1 Purchasing Process

Any steps taken from choosing Services to order submission form part of the purchasing process. The purchasing process includes these steps:

a. By clicking on the checkout button, users open the third-party merchant checkout section, wherein they will have to specify their contact details and a payment method of their choice.

b. After providing all the required information, users must carefully review the order and, subsequently, confirm and submit it by using the relevant button or mechanism on the Website, hereby accepting these Terms and committing to pay the agreed-upon price.

4.2 Order Submission

When you submit an order, the following applies:

a. The submission of an order determines contract conclusion and therefore creates for you the obligation to pay the price, taxes, and possible further fees and expenses, as specified on the order page.

b. In case the purchased Services requires active input from you, such as the provision of personal information or data, specifications or special wishes, the order submission creates an obligation for you to cooperate accordingly.

c. Upon submission of the order, users will receive a receipt confirming that the order has been received.

All notifications related to the described purchasing process shall be sent to the email address provided by you for such purposes.

4.3 Prices

You are informed during the purchasing process and before order submission, about any fees, taxes and costs (including, if any, delivery costs) that you will be charged.

4.4 PRODUCTS OR SERVICES (if applicable)

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. Contact [email protected] if you have questions.

Although we strive to have most items in stock, please allow 6-8 weeks for delivery. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

4.5 Methods of Payment

Information related to accepted payment methods are made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees. In such cases, related information can be found in the dedicated section of the Website. All payments are independently processed through third-party services. Therefore, the Website does not collect any payment information – such as credit card details – but only receives a notification once the payment has been successfully completed. If payment through the available methods fail or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.

4.6 Declined Payments

If your payment method is declined, the CRM system will automatically pause your account. This is an automated process. To avoid interruptions, make sure your payment details stay up to date. If payment through the available methods fail or is refused by the payment service provider, the Company shall be under no obligation to fulfill the purchase order. Any possible costs or fees resulting from the failed or refused payment shall be borne by you.

4.7 Retention of Usage Rights

You do not acquire any rights to use the purchased Services until the total purchase price is received by the Company.

5. Contract Duration5.1 Subscriptions

Subscriptions allow you to receive Services continuously or regularly over a determined period of time. Paid subscriptions begin on the day the payment is received by the Company. In order to maintain subscriptions, you must pay the required recurring fee in a timely manner. Failure to do so may cause service interruptions.

5.2 Fixed-term Subscriptions

Paid fixed-term subscriptions start on the day the payment is received by the Company and last for the subscription period chosen by you or otherwise specified during the purchasing process. Once the subscription period expires, the Services shall no longer be accessible, unless you renew the subscription by paying the relevant fee. Fixed-term subscriptions may not be terminated prematurely and shall run out upon expiration of the subscription term.

5.3 Automatic Renewal

Subscriptions are automatically renewed through the payment method that you chose during purchase unless you cancel the subscription within the deadlines for termination specified in the relevant section of these Terms and/or Website. The renewed subscription will last for a period equal to the original term. You shall receive a reminder of the upcoming renewal with reasonable advance, outlining the procedure to be followed in order to cancel the automatic renewal.

5.4 Termination

Recurring subscriptions may be terminated at any time by sending a clear and unambiguous termination notice to the Company using the contact details provided in this document, or — if applicable — by using the corresponding controls inside the Website. Termination will be effective at the end of the current billing period.

5.5 Termination Notice

If the notice of termination is received by the Company before the subscription renews, the termination shall take effect as soon as the current period is completed.

6. Intellectual Property Rights

6.1 Ownership of Intellectual Property

You acknowledge that all intellectual property rights, including copyrights, trademarks, trade secrets, and patents, in the Services and its contents, features, and functionality (collectively, the "Content"), are owned by the Company, its licensors, or other providers of such material. The Content is protected by U.S. and international intellectual property or proprietary rights laws. Neither this Agreement nor your access to the Services transfers to you any right, title, or interest in or to such intellectual property rights. Any rights not expressly granted in this Agreement are reserved by the Company and its licensors.

6.2 License to Use the Services

During the Term of this Agreement, the Company grants you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to use and access the Content for any business or commercial use in accordance with this Agreement. The Content may not be used for any other purpose. This license will terminate upon your cessation of use of the Services or at the termination of this Agreement.

6.3 Certain Restrictions

The rights granted to you in this Agreement are subject to the following restrictions:

a. No Copying or Distribution. You shall not copy, reproduce, publish, display, perform, post, transmit, or distribute any part of the Content in any form or by any means except as expressly permitted herein or as enabled by a feature, product, or the Services when provided to you.

b. No Modifications. You shall not modify, create derivative works from, translate, adapt, disassemble, reverse compile, or reverse engineer any part of the Content.

c. No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease, loan, host, or otherwise exploit the Content or the Services in any way, whether in whole or in part.

d. No Altering of Notices. You shall not delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Content.

e. No Competition. You shall not access or use the Content in order to build a similar or competitive website, product, or service.

f. Systematic Retrieval. You shall not use any information retrieval system to create, compile, directly or indirectly, a database, compilation, collection or directory of the Content or other data from the Services.

6.4 Trademark Notice

All trademarks, logos, and service marks displayed on the Services are either the Company's property or the property of third parties. You may not use such trademarks, logos, or service marks without the prior written consent of their respective owners.

7. User Content

7.1 User Generated Content

The Services may contain message boards, chatrooms, profiles, forums, and other interactive features that allow users to post, upload, submit, publish, display, or transmit to other users or other persons content or materials (collectively, "User Content") on or through the Services.

You are solely responsible for your User Content. Please consider carefully what you choose to share. All User Content must comply with the Content Standards set forth below. Any User Content you post on or through the Services will be considered non-confidential and non-proprietary. You assume all risks associated with the use of your User Content. This includes any reliance on its accuracy, completeness, reliability, or appropriateness by other users and third parties, or any disclosure of your User Content that personally identifies you or any third party. You agree that the Company shall not be responsible or liable to any third party for any User Content posted by you or any other user of the Services.

You further agree that the Company shall not be responsible for any loss or damage incurred as the result of any interactions between you and other users. Your interactions with other users are solely between you and such users. If there is a dispute between you and any other user, we are under no obligation to become involved.

The Services may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute or broadcast content and materials to us or on the Services, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Services and through third-party website. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:

• The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trade secret, or moral rights of any third party.

• You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to us and to authorize us, the Services, and other users of the Services to use your Contributions in any manner contemplated by the Services and these Legal Terms.

• You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Services and these Legal Terms.

• Your Contributions are not false, inaccurate, or misleading.

• Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.

• Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.

• Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.

• Your Contributions do not violate any applicable law, regulation, or rule.

• Your Contributions do not violate the privacy or publicity rights of any third party.

• Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the heal or well-being of minors.

• Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.

• Your Contributions do not otherwise violate, or link to material that violates, any provision of these Legal Terms, or any applicable law or regulation.

Any use of the Services in violation of the foregoing violates these Legal Terms and may result in, among other things, termination or suspension of your rights to use the Services.

7.2 License

You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, in connection with the Services and the Company's business including, without limitation, for promoting and redistributing part or all of the Services in any media formats and through any media channels.

You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. You hereby irrevocably waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content, or material submitted to us. Please note that all of the following licenses are subject to our Privacy Policy (https://thekmzadvantage.com/privacy-policy) to the extent they relate to any User Content that contains any personally identifiable information.

By posting your Contributions to any part of the Services or making Contributions accessible to the Services by linking your account from the Services to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Services. You are solely responsible for your Contributions and Services, and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Services; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

7.3 Content Standards

You agree not to send, knowingly receive, upload, transmit, display, or distribute any User Content that does not comply with the following standards ("Content Standards"). User Content must not:

a. Violate Laws or Obligations. Violate any applicable laws or regulations (including intellectual property laws and right of privacy or publicity laws), or any contractual or fiduciary obligations.

b. Promote Illegal Activity or Harm to Others. Promote any illegal activity; advocate, promote, or assist any unlawful act; or create any risk of any harm, loss, or damage to any person or property.

c. Infringe Intellectual Property Rights. Infringe any copyright, trademark, patent, trade secret, moral right, or other intellectual property rights of any other person.

d. Defamatory, Abusive, or Otherwise Objectionable Material. Contain any information or material that we deem to be unlawful, defamatory, trade libelous, invasive of another's privacy or publicity rights, abusive, threatening, harassing, harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive, inflammatory, humiliating to other people (publicly or otherwise), or otherwise objectionable. This includes any information or material that we deem to cause annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass, alarm, or annoy another person.

e. Promotion of Sexually Explicit Material or Discrimination. Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

f. Fraudulent Information or Impersonation. Contain any information or material that is false, intentionally misleading, or otherwise likely to deceive any person including, without limitation, impersonating any person, or misrepresenting your identity or affiliation with any person or organization.

g. Endorsement by the Company. Represent or imply to others that it is in any way provided, sponsored, or endorsed by the Company or any other person or entity, if that is not the case.

7.4 Monitoring and Enforcement

We reserve the right at all times, but are not obligated, to:

a. Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Content Standards or any other provision in this Agreement, or creates liability for the Company or any other person. Such action may include reporting you to law enforcement authorities.

b. Remove or reject any User Content for any or no reason in our sole discretion.

c. Disclose any User Content, your identity, or electronic communication of any kind to satisfy any law, regulation, or government request, or to protect the rights or property of the Company or any other person.

d. Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of this Agreement.

We do not review User Content before it is posted on or through the Services, and therefore cannot ensure prompt removal of questionable User Content. Accordingly, the Company and its affiliates, and their respective officers, directors, employees or agents, assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. The Company shall have no liability or responsibility to anyone for performance or non-performance of the activities described in this Section.

8. Copyright Infringement (Digital Millennium Copyright Act Policy)

The Company respects the intellectual property of others and expects users of the Services to do the same. It is the Company's policy to terminate the users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that your work has been copied in a way that constitutes copyright infringement and wish to have the allegedly infringing material removed, please provide the following information in accordance with the Digital Millennium Copyright Act to our designated copyright agent:

a. A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

b. A description of the copyrighted work that you allege has been infringed;

c. A description of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled;

d. A description of where the material that you claim is infringing is located;

e. Your contact information, including your address, telephone number, and email address;

f. A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

g. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs, and attorneys' fees incurred by us in connection with the written notification and allegation of copyright infringement.

Designated copyright agent for the Company: EMAIL: [email protected]

9. Feedback to the Company

If you provide the Company with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to the Company all rights in such Feedback and agree that the Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. The Company will treat any Feedback that you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to the Company any information or ideas that you consider to be confidential or proprietary.

10. Assumption of Risk

The information presented on or through the Services is made available for general information purposes only. The Company does not warrant the accuracy, completeness, suitability, or quality of any such information. Any reliance on such information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such information by you or any other user to the Services, or by anyone who may be informed of any of its contents.

11. Privacy

For information about how the Company collects, uses, and shares your information, please review our

Privacy Policy (https//thekmzadvantage.com/privacy-policy).

All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators and providers of the Text Message services necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.

You agree that by using the Services you consent to the collection, use, and sharing (as set forth in the Privacy Policy) of such information.

11.1 CALIFORNIA USERS AND RESIDENTS

See our Privacy Policy (https//thekmzadvantage.com/privacy-policy).

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd, Ste N-112; Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

12. White-Labeled HighLevel CRM Services

12.1 Third-Party Platform

We provide white-labeled HighLevel CRM services to our clients. You acknowledge and agree that HighLevel CRM is a third-party platform that we provide access to under our brand. The actual software, servers, and infrastructure are owned and operated by GoHighLevel.

12.2 Limitation of Liability

We are not responsible for any issues, outages, data breaches, or other problems that may occur with the HighLevel platform. This includes but is not limited to:

Service interruptions or downtime

Data loss or corruption

Security breaches or unauthorized access to data

Changes to the HighLevel platform's features or functionality

Any other technical issues related to the HighLevel platform

12.3 Support for Platform Issues

For any issues related to the core functionality of the HighLevel platform, you acknowledge that you may need to contact GoHighLevel directly at gohighlevel.com.

12.4 Data Processing

When you use our white-labeled HighLevel CRM services, you acknowledge that your data may be processed according to GoHighLevel's own privacy policy and terms of service, in addition to our policies.

12.5 Service Continuity

We cannot guarantee the continued availability of the HighLevel platform or its features, as these decisions are made by GoHighLevel and are beyond our control.

12.6 Acceptance of Risk

By using our white-labeled HighLevel CRM services, you accept all risks associated with using a third-party platform and agree to hold us harmless for any issues arising from GoHighLevel's platform, services, or decisions.

13. AI Technologies and Services

13.1 AI-Powered Features

Our Services may include or incorporate artificial intelligence ("AI") technologies, including but not limited to:

AI-powered text and voice agents for customer support;

Automated content generation and recommendations;

AI-enhanced analytics and reporting tools;

AI-driven quality assurance systems;

Natural language processing capabilities;

Voice recognition and speech-to-text conversion.

13.2 Your Interactions with AI Systems

By using our AI-powered features, you acknowledge and agree that:

You may be interacting with automated AI systems rather than human agents in some instances;

AI-generated responses and content are created through algorithmic processes;

AI systems may analyze patterns in your data and interactions to provide personalized services;

We will clearly disclose when you are interacting with an AI system versus a human agent;

You can request human intervention at any point during AI interactions.

13.3 Data Collection for AI Systems

Our AI systems collect and process data from your interactions with our Services. This includes:

Text inputs and responses in chats or messages,

Voice recordings when you use voice-enabled features,

Usage patterns and preferences,

Content you create or share through our Services,

Technical information about your use of the Services,

All data collection and processing for AI purposes is subject to our Privacy Policy.

13.4 AI Training and Improvement

You acknowledge and agree that we may use data from your interactions with our Services to train, improve, and develop our AI systems, subject to the following conditions:

We will anonymize and aggregate data when possible to protect your privacy;

We implement appropriate security measures to protect any data used for AI training;

We will not use your confidential business information to train AI systems without your explicit consent;

You can opt out of having your data used for AI training by contacting us at [email protected].

13.5 AI-Generated Content

When our Services generate content using AI technologies:

We do not guarantee the accuracy, completeness, or appropriateness of AI-generated content;

You are responsible for reviewing and verifying any AI-generated content before using it for business or other purposes;

AI-generated content should not be relied upon as professional advice (legal, medical, financial, etc.);

We reserve the right to monitor and moderate AI-generated content;

We may remove any AI-generated content that violates our policies or applicable laws.

13.6 AI Voice Technologies

When using our AI voice technologies and services:

Voice recordings may be processed to provide the requested service and to improve our systems;

You will be notified before voice recording begins;

Voice data may be transcribed into text for further processing;

We implement security measures to protect voice data from unauthorized access;

You can request deletion of your voice recordings by contacting [email protected].

13.7 Intellectual Property for AI-Generated Content

With respect to content generated by our AI technologies:

The Company retains all intellectual property rights in the AI systems and technologies themselves;

For content generated by our AI systems based on your inputs or instructions, you receive a license to use such content for your business purposes;

This license is non-exclusive, worldwide, and royalty-free;

You may not claim ownership of the underlying AI algorithms or models;

We reserve the right to generate similar content for other users;

You are responsible for ensuring your use of AI-generated content does not infringe third-party rights.

13.8 AI Usage Limitations

You agree not to use our AI technologies to:

Generate, upload, or distribute content that violates our Content Standards or applicable laws;

Create deepfakes or other misleading synthetic media without proper disclosure;

Impersonate individuals without their consent;

Engage in automated spamming or harassment;

Attempt to manipulate, test boundaries, or evaluate the AI systems in ways that could cause harm;

Attempt to extract training data, model parameters, or proprietary information;

Use the AI systems to develop competing products or services.

13.9 Transparency and Human Oversight

We are committed to responsible AI use, including:

Clear disclosure when content is AI-generated or when you are interacting with AI systems;

Maintaining human oversight and supervision of our AI systems;

Regular evaluation and testing of AI systems for bias, safety, and security;

Providing mechanisms for you to report concerns about AI-generated content or interactions;

Offering options to request human intervention when interacting with AI systems.

13.10 Changes to AI Technologies

Our AI technologies are continuously evolving. We reserve the right to:

Modify, update, or discontinue any AI features without prior notice;

Change how our AI systems process or use data;

Introduce new capabilities or restrictions to our AI features;

Adjust pricing for AI-powered features as technology and costs evolve;

We will notify you of significant changes through updates to these Terms or direct communications.

13.11 Third-Party AI Technologies

Some of our AI-powered features may incorporate technologies from third-party providers. When using these features:

Your data may be processed according to both our terms and the third-party provider's terms;

We have agreements with third-party AI providers to protect your data;

We are not responsible for changes, discontinuations, or issues caused by third-party AI providers;

We will make reasonable efforts to notify you of significant changes to third-party AI services.

13.12 Assumption of Risk for AI Technologies

You acknowledge and accept that:

AI technologies are rapidly evolving and may contain errors or limitations;

AI systems may occasionally produce unexpected, inaccurate, or inappropriate outputs;

The use of AI-generated content or decisions based on AI recommendations are at your own risk;

We are continuously improving our systems but cannot guarantee perfect performance;

You will exercise appropriate caution and judgment when using AI-generated content.

14. Termination

14.1 Termination

The Company may suspend or terminate your access or rights to use the Services at any time, for any reason, in our sole discretion, and without prior notice, including for any breach of the terms of this Agreement. Upon termination of your access or rights to use the Services, your right to access and use the Services will immediately cease. The Company will not have any liability whatsoever to you for any suspension or termination of your rights under this Agreement, including for termination of your account or deletion of your User Content. If you have registered for an account, you may terminate this Agreement at any time by contacting the Company and requesting termination.

14.2 Effect of Termination

Upon termination of this Agreement, any provisions that by their nature should survive termination shall remain in full force and effect. This includes, without limitation, ownership or intellectual property provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to termination or limit any liability that you otherwise may have to the Company or any third party. You understand that any termination of your access to and use of the Services may involve deletion of your User Content associated with your account from our databases.

15. No Warranty

THE SERVICES ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.

WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE, COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA, OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY OTHER USER.

THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO NINETY (90) DAYS FROM THE DATE OF FIRST USE.

16. Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OR INABILITY TO USE THE SERVICES, ANY THIRD-PARTY LINK, OR ANY CONTENT ON THE SERVICES OR SUCH THIRD-PARTY LINK, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SERVICES IS TO STOP USING THE SERVICES.

IN NO EVENT SHALL THE COMPANY'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO THE COMPANY IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (B) ONE HUNDRED DOLLARS ($100.00).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.

17. Indemnification

You agree to indemnify, defend, and hold harmless the Company and its affiliates and their respective officers, directors, employees, agents, affiliates, successors, and permitted assigns (collectively, "Indemnified Party") from and against any and all losses, claims, actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements, deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind, including reasonable attorneys' fees, fees and other costs of enforcing any right to indemnification under this Agreement, and the cost of pursuing any insurance providers, arising out of or relating to your breach of this Agreement or your use or misuse of the Services including, but not limited to, your User Content or any actions taken by a third party using your account. The Company reserves 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 assist and cooperate with our defense or settlement of these claims.

18. Disputes

18.1 Governing Law

All matters relating to this Agreement, and all matters arising out of or relating to this Agreement, whether sounding in contract, tort, or statute are governed by, and construed in accordance with, the laws of the State of California, without giving effect to any conflict of law principles.

18.2 Dispute Resolution and Mandatory Arbitration

BY PURCHASING OR USING ANY OF OUR PRODUCTS OR SERVICES, YOU EXPRESSLY AGREE THAT YOU WILL RESOLVE ANY DISPUTE THROUGH BINDING ARBITRATION AND WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY LAWSUIT AGAINST THE COMPANY.

Any dispute, claim, or controversy arising out of or relating to this Agreement, the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services (collectively, "Disputes") SHALL BE SETTLED BY BINDING ARBITRATION and not in a court of law. The arbitration shall be administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules in the State of California, United States. The arbitration shall be conducted by a single arbitrator selected in accordance with the rules of the American Arbitration Association.

The arbitrator's award shall be final and binding on all parties and may be entered and enforced in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. The prevailing party in the arbitration proceedings shall be awarded reasonable attorneys' fees, expert witness costs and expenses, and all other costs and expenses incurred directly or indirectly in connection with the proceedings, unless the arbitrator shall for good cause determine otherwise.

All arbitrations shall proceed on an individual basis. You agree that you may bring claims against the Company in arbitration only in your individual capacities and in so doing you hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. Notwithstanding anything to the contrary under the rules of the American Arbitration Association, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.

YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

18.3 Limitation to Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY WAIVED AND BARRED.

19. Miscellaneous

19.1 Waiver

Except as otherwise set forth in this Agreement, no failure of the Company to exercise, or delay by the Company in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

19.2 Severability

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

19.3 Entire Agreement

This Agreement, together with all documents referenced herein, constitutes the entire agreement between you and the Company with respect to the subject matter contained herein. This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the subject matter hereof.

19.4 Headings

Headings and titles of sections, clauses, and parts in this Agreement are for convenience only. Such headings and titles shall not affect the meaning of any provisions of the Agreement.

19.5 No Agency, Partnership or Joint Venture

No agency, partnership, or joint venture has been created between you and the Company as a result of this Agreement. You do not have any authority of any kind to bind the Company in any respect whatsoever.

19.6 Assignment

You shall not assign or delegate any of your rights or obligations under this Agreement without the prior written consent of the Company. Any purported assignment or delegation in violation of this Section shall be deemed null and void. No assignment or delegation shall relieve you of any of your obligations hereunder. The Company may freely assign or delegate its rights and obligations under this Agreement at any time. Subject to the limits on assignment stated above, this Agreement will inure to the benefit of, be binding on, and be enforceable against each of the parties hereto and their respective successors and assigns.

19.7 Export Laws

The Services may be subject to U.S. export control laws and regulations. You agree to abide by these laws and their regulations (including, without limitation, the Export Administration Act and the Arms Export Control Act) and not to transfer, by electronic transmission or otherwise, any materials from the Services to either a foreign national or a foreign destination in violation of such laws or regulations.

19.8 Force Majeure

The Company shall not be liable or responsible to you, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in performance when and to the extent such failure or delay is caused by or results from acts beyond the Company's reasonable control, including, without limitation: acts of God; flood, fire, earthquake, explosion, or other natural disaster; epidemic or pandemic; war, invasion, hostilities, terrorist threats or acts, riot or other civil unrest; government order, law, or actions; embargoes or blockades; national or regional emergency; strikes, labor stoppages or slowdowns, or other industrial disturbances; shortage of adequate power or telecommunications or transportation facilities; or any other similar events.

19.9 Compliance with Laws

You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of the Services and your listing, purchase, solicitation of offers to purchase, and sale of items.

19.10 No Third-Party Beneficiaries

This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement.

20. SMS/Text Messages

20.1 SMS Program Description

Our SMS program provides text messages for appointment reminders, events, receipts, customer service, and occasionally promotional messages when you opt in. Message frequency varies depending on your interaction with our services.

20.2 Opting Out

You can cancel the SMS service at any time. Simply text "STOP" or "OUT" to the shortcode (number provided) to stop receiving messages from us. Upon sending "STOP" or "OUT," we will confirm your unsubscribe status via SMS. Following this confirmation, you will no longer receive SMS messages from us. To rejoin, sign up as you did initially, or text "START" to resume receiving messages.

20.3 Help and Support

If you experience issues with the messaging program, reply with the keyword "HELP" for more assistance or email [email protected]

20.4 Carrier Liability

Carriers are not liable for delayed or undelivered messages.

20.5 Message and Data Rates

Message and data rates may apply for messages sent to you from us and from you to us. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

20.6 Recurring Messages Disclosure

By opting into our SMS program, you authorize us to send recurring text messages to the mobile phone number you provide. Depending on your service selection, you may receive regular recurring messages. You are not required to agree to receive recurring messages as a condition of purchasing any goods or services.

20.7 Prohibited Content

Our SMS messages will never contain:

Phishing attempts, smishing, or social engineering to manipulate you into sharing private information

Illegal content (all content complies with federal and state laws)

SHAFT content (sex, hate, alcohol, firearms, and tobacco) that does not follow federal and state law and regulations

20.8 SMS Opt-In Data Protection

All text messaging originator opt-in data and consent information will not be shared with any third parties, excluding aggregators and providers of the Text Message services necessary to deliver the SMS service. Your mobile information will not be shared with third parties or affiliates for marketing or promotional purposes.

20.9 Privacy for SMS Services

For privacy-related inquiries regarding our SMS service, please refer to our Privacy Policy:

https://thekmzadvantage.com/privacy-policy

21. Additional Protections and Liability Waivers

21.1 Data Security Standards

The Company implements reasonable security measures to protect your personal information in accordance with industry standards. However, no method of transmission over the Internet or electronic storage is completely secure. While we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

21.2 Service Level Commitment

While the Company strives to maintain 99.9% uptime of the Services, we do not guarantee uninterrupted access to the Services and shall not be liable for any downtime or service interruptions.

21.3 Refund Policy

Unless otherwise specified at the time of purchase, all sales are final and non-refundable. In cases where a refund is granted at the Company's sole discretion, the refund will be issued using the original payment method or by check.

21.4 Account Information Updates

You are responsible for promptly updating your account information if there are any changes to your contact information or billing information.

21.5 Reservation of Rights

All rights not expressly granted to you in this Agreement are reserved by the Company.

21.6 Waiver of Right to Sue

BY PURCHASING OR USING OUR PRODUCTS OR SERVICES, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOU WAIVE ANY RIGHT TO SUE THE COMPANY IN COURT OR PARTICIPATE IN A CLASS ACTION LAWSUIT. You understand and agree that all disputes will be resolved exclusively through binding arbitration as described in Section 16.2. This waiver is intended to protect the Company from all forms of litigation, including predatory lawsuits and frivolous claims.

21.7 Protection Against Vexatious Litigation

You agree not to bring, participate in, or support any vexatious, frivolous, or predatory litigation against the Company. Any attempt to circumvent the arbitration provision through such litigation shall entitle the Company to recover all legal costs, attorney's fees, and expenses associated with defending against such actions, regardless of the outcome.

21.8 Covenant Not to Sue

You covenant and agree that you will not sue or file any action, claim, or legal proceeding against the Company or its employees, officers, directors, affiliates, or agents in any jurisdiction for any claims arising out of or in connection with your use of the Services, this Agreement, or any other matter related to the Company's products or services.

21.9 Acknowledgment

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

22 Definitions

The KMZ Advantage (also referred to as Mobile Notary Ally, LLC dba The KMZ Advantage, Kim Flanagan, the Mobile Notary Ally, LLC family of companies, thekmzadvantagel.com, "The KMZ Advantage", the “Company”, “we”, “us”, and “our”): The provider of the review request and reputation solicitation services described in this agreement. Client (also referred to as "you" or "Customer"): The business, organization, or individual that has contracted The KMZ Advantage to use the Services to request reviews from its own customers. The Client is typically a business seeking to improve or gather feedback on its services or products via customer reviews. End Customer (or "Customer of Client"): an individual or entity who is a customer, patron, or user of the Client's products or services, and whose contact information is provided to The KMZ Advantage for the purpose of sending review requests. These are the end recipients of SMS, email, or other communications requesting a review on behalf of the Client. Services: the review request services, and related features provided by The KMZ Advantage under these Terms. This includes the automated sending of review solicitation communications (such as SMS/text messages and emails) to End Customers on the Client's behalf, integrations with third-party platforms (e.g. Google Business Profile, social media, CRM systems), and any software, websites, or applications through which the service is delivered. Google Business Profile: The Google service for managing online business listings and reviews (previously known as Google My Business). Integration with Google Business Profile in the context of these Terms refers to connecting the Client's Google listing to the Services so that End Customers can be directed to leave Google reviews for the Client. Default Messaging Preferences: The predefined or Client-selected settings within the Services that determine the content and timing (cadence) of review request messages. This may include standard message templates/scripts provided by The KMZ Advantage and schedule rules (e.g. sending a follow-up message after a certain number of days) that are applied when contacting End Customers, unless the Client customizes these settings. CRM (Customer Relationship Management) System: A third-party software system used by the Client to manage customer information, which may be integrated with the Services. Integration with a CRM allows automatic retrieval or syncing of End Customer data and communications under these Terms. This includes, without limitation, data protection and privacy laws and regulations (such as the EU General Data Protection Regulation "GDPR", the California Consumer Privacy Act "CCPA", Canada's Anti-Spam Legislation "CASL"), and laws relating to electronic communications and marketing (such as the U.S. CAN-SPAM Act and Telephone Consumer Protection Act "TCPA", and similar state, provincial, and federal laws).

23 Scope of Services

Review Request Communications: The KMZ Advantage will, on the Client's behalf, send out review request communications to the Client's End Customers. These communications may be in the form of SMS/text messages, emails, or other electronic messages, and will typically invite or remind End Customers to leave a review (for example, a Google review) about their experience with the Client's business. The messages are sent in the name of or referencing the Client (with The KMZ Advantage acting in the background as a service provider). Integrations for Automation: As part of the Services, The KMZ Advantage may integrate with various third-party platforms and accounts to streamline and automate the review request process. This includes integration with the Client's Google Business Profile (to generate direct links for Google reviews), social media or review site accounts (to solicit reviews or post review content on those platforms if applicable), and the Client's CRM or other customer databases. Through these integrations, the Service can automatically pull necessary customer contact information and trigger messages (for example, after a sale or service is completed, as recorded in the CRM) without manual intervention by the Client. The Client authorizes The KMZ Advantage to connect to and use such integrated systems solely for the purpose of providing the Services. Default Settings and Customization: The Client will have the ability to configure certain default messaging preferences within the Service. By default (and in the interest of efficiency), The KMZ Advantage provides pre-approved message scripts/templates and a recommended messaging cadence (e.g. and internal review request followed by one or more reminder messages after set time intervals). These default settings will be used to send review request to End Customers unless the Client chooses to modify or customize them. The Client can customize the content of the messages, the number of follow-ups, the timing of messages, and other preferences through the Service's interface. If no customization is made, the Client agrees that the standard scripts and schedule provided by The KMZ Advantage are deemed approved by the Client for use. Scope Limitations: The Services are intended solely for the purpose of requesting customer reviews and related customer feedback. The KMZ Advantage's role is limited to facilitating the sending of these communications and providing the Client with tools to manage the process. The Service does extend to managing responses to reviews, moderating content on third-party review sites, but does not guarantee that reviews will be positive or removed if negative. The KMZ Advantage is not a reputation management or review moderation service under these Terms; it focuses strictly on review solicitation and associated automation.

24 Client Responsibilities

The Client agrees to the following responsibilities and obligations to ensure that the use of the Services is lawful and effective: Obtain and Maintain Consent: You must have explicit permission from each End Customer before The KMZ Advantage sends them any SMS or email. Prior to uploading or providing any End Customer's contact information to the Service, you will have obtained all necessary and legally-required consents to contact that End Customer via the intended communication method (text message, email, etc.). This means, for example, compliance with opt-in requirements under the Telephone Consumer Protection Act (TCPA) for U.S. text messages, and compliance with email consent requirements under laws like the CAN-SPAM Act. You should only send review requests to individuals who have agreed to receive such communications from you. If an End Customer revokes consent or opts out of receiving communications, you are responsible for updating your setting or notifying The KMZ Advantage to case messages to that End Customer. Compliance with Data Privacy Laws: You are responsible for adhering to all applicable data protection and privacy laws in relation to the End Customer data and communications. This includes, without limitation, ensuring compliance with regulations such as the EU General Data Protection Regulation (GDPR) (if you handle date of EU residents, even if the service is not yet actively offered in the EU), the California Consumer Privacy Act (CCPA) for personal data of California residents, Canada's Anti-Spam Legislation (CASL) for messages sent to Canadian recipients, and any other international, federal, or state laws regarding personal data, privacy, or electronic communications. You, as the data controller/business, must provide any required privacy notices to your End Customers and, where required, obtain explicit consent for the collection and use of their data (including sharing it with service providers like The KMZ Advantage for the purpose of sending review requests). If you expand or use the Services in new jurisdictions, you must ensure you meet all local requirements (such as consent and opt-out rules) in those areas. Accurate Data and Lawful Use: You are responsible for the accuracy, quality, and legality of the End Customer contact information and any other data you provide to The KMZ Advantage. This means you will only upload or provide data that has been collected lawfully and is up-to-date. You must not use the Services to send messages to any phone number or email address that is on any do-not-contact list or to individuals who have not consented, as doing so could violate spam or privacy laws. Furthermore, you agree not to use the Services for any unlawful, misleading, or abusive purposes -- for example, you will not include any fraudulent content in review requests, and you will not attempt to use the Service to send non-review-request marketing without proper consent. Maintain Integrations and Access: If you choose to integrate third-party accounts or systems with the KMZ Advantage Services (such as linking a Google Business Profile, Facebook page, or connecting a CRM via API), you are responsible for maintaining the continuity and validity of those integrations. This includes keeping login credentials, API keys, and tokens up to date, and promptly reconnecting or updating them if they change or expire. For instance, if your Google or social media password changes, or if your CRM API token expires, you must update the integration settings so that the Services can continue to function. The KMZ Advantage is not responsible for any failure to send review requests or any other service downtime to the extent caused by disconnected or broken integrations due to the Client's action or inaction. Regulatory Compliance: It is the Client's duty to ensure that its use of the Services (including the content and timing of messages sent to End Customers) complies with all Applicable Laws (defined above). While The KMZ Advantage provides the tools and default templates, the Client must ensure that the actual use of those tools meets legal standards (for example, including any required disclaimers or opt-out instructions in messages if mandated by law). The Client is strongly encouraged to consult its own legal counsel to ensure that its use of the Services is compliant with laws relevant to its specific industry and jurisdiction. The Client will be solely responsible for any legal consequences arising from improper use of the Services or failure to comply with applicable laws, and agrees to indemnify The KMZ Advantage for any loss or damage resulting from such misuse or non-compliance (as detailed in the Indemnification section of these Terms).

25 Messaging Content & Automation

Authorization to Send on Client's Behalf: By using the Services, the Client acknowledges and authorizes Mobile Notary Ally LLC DBA The KMZ Advantage to send SMS messages, emails, and other electronic communications to End Customers on the Client's behalf. These messages may appear to come from the Client's business (using the sender identity information provided in the Service setup, such as the business name or a designated phone number/email address). The content of these messages is intended to request a review or feedback and may include the Client's name, contact info, and a link or instructions for leaving a review (e.g., a direct link to the Client's Google review page). Use of Default Scripts and Cadence: By default, The KMZ Advantage utilizes pre-approved messages templates and a standard schedule for follow-ups, as part of the Services. The Client agrees that, unless they take action to customize the messaging, the Company may use these default scripts and timing on the Client's behalf. These default messages have been crafted to be professional and effective for general use (for example, a polite review request shortly after a customer interaction, and perhaps a gentle reminder a few days later if no review has been received). The Client has had the opportunity to review these templates during onboarding or in their account settings. By not modifying them, the Client is effectively giving blanket approval for their use. Client Customization and Control: The Service provides tools for the Client to edit or override the default message content and schedule. The Client can customize the text of review requests, add their branding or personal tone, change how many follow-up reminders are sent, adjust the intervals between messages, and set overall preferences for instance, choosing to send only emails and not SMS, or vice versa). If the Client chooses to make such customizations, The KMZ Advantage will send the messages according to the Client's specified content and timing. The Client bears full responsibility for any custom message content or schedule they create, and should ensure that any modifications still comply with applicable law and are appropriate for their customer base. Content Responsibility and Disclaimer: The Client understands The KMZ Advantage is a neutral transmitter of content; the platform facilitates sending the Client's message to End Customers. Whether using default scripts or customized text, the Client is responsible for the content of all review request messages send through the Service. The KMZ Advantage does not independently verify or censor the message content aside from perhaps basic checks for prohibited content), and therefore is not liable for any issues arising from the messages. This includes, but is not limited to, any claims that the messages were misleading, unsolicited, harassing, or otherwise a violation of a recipient's rights or any law. The Client should carefully review all default and customized messages to ensure they are accurate, appropriate, and lawful. Frequency and Cadence of Messages: By default, the Service's messaging cadence (number of messages and timing) has been configured in a way that aims to be effective yet not overly intrusive (for example, one initial request and one reminder). The Client can configure this as per their needs. The Client acknowledges that they are responsible for the frequency of messages sent to their End Customers. If an End Customer perceives the frequency of reminders as excessive or spammy, or if it violates any communication law (such as limits on SMS under certain regulations), the responsibility lies with the Client to adjust their settings. The KMZ Advantage will not be held liable for any complaint or issue arising from the chosen frequency of messages. Opt-Out Handling: (If applicable) The KMZ Advantage's platform will make reasonable efforts to hone standard opt-out requests from End Customers. For example, if an End Customer replies "STOP" to an SMS, the system may automatically flag that number to prevent further texts, and similarly, unsubscribe links in emails will prevent further emails. However, the ultimate compliance with opt-out requests is the Client's responsibility. The Client should regularly monitor any notifications of opt-outs and ensure such contacts are not inadvertently re-uploaded or contacted through other means in violation of their request. No Liability for Message Outcomes: The KMZ Advantage does not guarantee that an End Customer will positively receive or act upon any message. The Company is not liable for any outcomes of the messages beyond sending them as instructed -- for instance, if an End Customer reacts negatively to a review request or if sending a request inadvertently reminds a customer of a negative experience resulting in a bad review, the Client understands this risk is inherent in soliciting feedback. The Client agrees that it will not hold The KMZ Advantage responsible for any damage to its reputation or customer relations arising from the act of sending review requests.

26 Data Use & Storage

Data Processing Role: In providing Services, The KMZ Advantage acts as a data processor (or "service provider") on behalf of the Client. The Client is the data controller (or "business" as termed under certain laws like CCPA), meaning the Client determines the purposes and means of processing the personal data of End Customers. All End Customer data provided by the Client to The KMZ Advantage remains under the Client's ownership and control. The KMZ Advantage will process this data only as necessary to provide the Services and in accordance with the Client's instructions and these Terms. Purpose of Data Use: The Client's data (including End Customer contact information, such as names, phone numbers, email addresses, and any other information provided for the purpose of the Services) will be used solely for sending review requests and related communications and for operating and improving the Service. The KMZ Advantage will not use End Customer personal data for any other purpose (such as marketing other products to End Customers, or selling the data) without the Client's explicit instruction and consent, and in compliance with applicable law. Aggregated and anonymized data (data that does not identify individuals) may be used by the Company for analytics or improvement of service, but not in a way that reveals any personal information. Data Security: The KMZ Advantage is committed to protecting the security of Client and End Customer data. The Company will implement and maintain reasonable and appropriate technical and organizational measures to safeguard personal data against unauthorized access, disclosure, or misuse. This may include measures such as encryption of data in transit, secure hosting environments, access controls, and regular security audits. However, the Client understands that now method of data transmission or storage is 100% secure, and therefore The KMZ Advantage cannot warrant absolute security. In the event of a data breech affecting End Customer personal data, The KMZ Advantage will notify the Client as required by law and cooperate with the Client's reasonable remediation efforts. Data Privacy Compliance: As the data controller, the Client is responsible for ensuring that the collection and sharing of End Customer data with The KMZ Advantage is done in compliance with all applicable privacy laws. This means the Client should have a valid legal basis (e.g., consent or legitimate interest, as appropriate) for processing and sharing person data with the Service. The Client should also provide any required privacy notices to individuals (for example, informing them that their data may be used to send them communications requesting a review). If a data subject (End Customer) exercises any of their rights under privacy laws (such as a request to access or delete their data), the Client is responsible for fulfilling those rights. The KMZ Advantage will reasonably assist the Client, as needed and as required by law, in honoring such requests (for example, by deleting or returning data upon instruction). Data Storage and Retention: End Customer personal data provided to The KMZ Advantage will be stored on secure servers. The data will be retained for as long as necessary to fulfill the review request service or as instructed by the Client, and in accordance with The KMZ Advantage's data retention policies. If the Client terminates the Service (or upon the Client's request), The KMZ Advantage will delete or return the End Customer personal data in its possession, except where retention is required by law or for legitimate business purposes (such as retaining proof of consent or communication logs for compliance reasons). International Data Transfer: (If applicable) The Client acknowledges that depending on the location of the Client and the Company's infrastructure, End Customer data might be processed or stored in a country different from where it was collected. The KMZ Advantage will only transfer data across borders in compliance with applicable data protection laws, and will implement appropriate safeguards for international transfers as required (such as Standard Contractual Clauses for data transferred from European Economic Area, if relevant in the future). Indemnity for Data Violations: The Client agrees to indemnify and hold The KMZ Advantage harmless for any claims, damages, fines, or penalties arising out of the Client's failure to comply with data privacy laws or regulations in connection with the Services. This includes any claims that the Company's handling of data (as directed by the Client) violated a law because the Client failed to obtain proper consent, provide required notice, or otherwise meet its legal obligations. In other words, if The KMZ Advantage faces a complaint or regulatory action due to how End Customer data was collected or used by the Client, the Client will be responsible for defending that action and bearing any costs or liability (see Section 10 on Indemnification for more details). Data Processing Agreement: (If needed by law) The parties agree that if required under certain laws (like GDPR), these Terms, along with the Privacy Policy and any applicable addendums, will serve as a Data Processing Agreement governing The KMZ Advantage's processing of personal data on behalf of the Client. The Client's act of agreeing to these Terms is deemed to also constitute signing of such a Data Processing Agreement, which includes the obligations and assurances described in the Section and elsewhere in these Terms.

27 Service Limitations and No Guarantees

No Guarantee of Reviews or Outcomes: The Client acknowledges that Mobile Notary Ally LLC DBA The KMZ Advantage does not and cannot guarantee any specific results from the Services. By using the platform to request reviews, you may increase the likelihood of receiving feedback from your customers, but The KMZ Advantage makes not promise regarding the number of reviews that will be obtained, the content or ratings of those reviews, or any improvement in your online reputation or business performance. End Customers retain full discretion on whether to respond to a review request and what feedback to provide. Any examples of results or success stories are illustrative only and not guarantees of future performance. Not a Reputation Management Service: The scope of The KMZ Advantage's Services is limited to sending out review solicitations and related communications as described. The Service does not include monitoring of third-party review platforms, responding to customer reviews on behalf of the Client, replying to feedback, or engaging in any form of reputation management or content moderation. It is the Client's responsibility to monitor their own reviews on Google or other platforms and to respond to or address any issues raised in those reviews. For example, if and End Customer leaves a negative review, it is outside the scope of The KMZ Advantage to intervene or assist in resolving that; such follow-up is entirely between the Client and their customer. No Endorsement or Filtering: The KMZ Advantage does not filter which customers should receive review requests based on their likely sentiment. (For instance, we do not practice "review gating" -- i.e. we do not only send review invitations to happy customers and exclude unhappy ones -- unless specifically directed by the Client in violation of platform rules, which we advise against.) All End Customers provided by the Client are generally treated equally in the solicitation process. The Company provides the tool to ask for reviews, but it does not guarantee those reviews will be positive. The Client should be prepared to receive honest feedback, which could be positive or negative, as a result of sending out review requests. Service Availability: While The KMZ Advantage aims to provide a reliable and accessible service, we do not guarantee uninterrupted or error-free operation of the Services at all times. There may be occasional maintenance downtime, technical issues, or outages affecting the ability to send messages or access the platform. Additionally, the Service's performance can be influenced by third-party systems and networks (for example, SMS delivery depends on telecommunications carriers; email delivery depends on internet service and email providers; integration with Google depends on Google's API being available). The KMZ Advantage will make commercially reasonable efforts to ensure high availability and to resolve any outages or issues promptly, but the Client understands that some interruptions may occur and agrees that such interruptions, when reasonable in duration, will not constitute a breach of these Terms. Third-Party Fees and Charges: The Client is responsible for any third-party fees that might be incurred through the use of the Service (for example, your mobile carrier's fees for sending/receiving SMS, data charges, or any fees imposed by integrated third-party services if they have usage costs). The KMZ Advantage is not liable for those external costs. Furthermore, if a third-party platform (like Google, Facebook, or a CRM provider) changes its policies, APIs, pricing, or availability in a way that affects the Service, The KMZ Advantage is not responsible for any resulting limitations. (For example, if Google were to restrict the ability to send review invitation links, the Service might need to adjust or could be limited in functionality. Such changes are outside of The KMZ Advantage's control.) "As-Is" Service and Disclaimer of Warranties: The KMZ Advantage provides the Services on an "as is" and "as available" basis. To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, regarding the Services. This includes any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, or any warranty that the Services will meet the Client's requirements or expectations. The Company does not warrant that the Services will be completely error-free or that any defects will be corrected immediately. The Client assumes all risk as to the results and performance of the Services. No advice or information, whether oral or written, obtained from The KMZ Advantage or through the Services, shall create any warranty not expressly stated in these Terms.

28 Termination & Suspension

Termination by Client (Cancellation): The Client may terminate their subscription or stop using the Services at any time. This can typically be done by using the account settings on The KMZ Advantage platform to cancel the subscription, or by providing written notice to The KMZ Advantage (such as an email to [email protected]) expressing the desire to terminate. Unless otherwise specified, termination by the Client will be effective at the end of the current billing period for which payment has been made. (For example, if you cancel mid-month on a monthly plan, the Service might continue until the end of that month, then not renew.) It is the Client's responsibility to back or export any data they wish to retain prior to termination. Termination or Suspension by The KMZ Advantage: The KMZ Advantage reserves the right to suspend or terminate the Client's access to the Services, in whole or in part, under the following circumstances: If the Client breaches any material term of these Terms (including non-payment of fees, violating messaging rules, or misuse of the Service) and does not cure that breach within a reasonable time after notice (if a cure is possible). If the Client is using the Service in a manner that violates any law or regulation, or that materially infringes upon the rights of others (for example, sending messages without consent, or using the Service to harass individuals). If the Client's use of the Service poses a security risk to the platform or any third party, or if it could subject The KMZ Advantage or any third party to liability (e.g., a malware or hacking attempt originating from the Client's account). If the Client is abusing the platform (for instance, by attempting to send an unreasonable volume of messages far beyond normal business practice, or by attempting to probe or disrupt The KMZ Advantage's systems). If required by law or at the request of government authorities (for example, if a court order or regulatory action requires shutting down the Client's activity). In most cases, The KMZ Advantage will attempt to provide notice to the Client of any suspension or termination, stating the reason and effective date. However, in urgent cases (such as flagrantly illegal activity or security threats), the Company may suspend access immediately and without prior notice. Effect of Termination: Upon termination of the Services (whether by Client or by Company), the Client's right to access or use the Services will case. The KMZ Advantage will stop any further scheduled or automated communications to End Customers on the Client's behalf. The Client should promptly download or export any of their data from the platform they might need (such as lists of customers or records of sent messages), as The KMZ Advantage may delete or disable access to Client data shortly after termination. However, The KMZ Advantage may retain certain information associated with the Client's account for a period of time as part of its internal records, backups, or to comply with legal obligations (for example, retention required for financial records, dispute resolution, or as part of aggregated analytics data -- all in compliance with privacy laws). Any personal data of End Customers will be handled in accordance with Section 5 (Data Use & Storage) regarding deletion upon termination, subject to legal retention requirements. No Refunds on Termination for Cause: If the Client's account is terminated by The KMZ Advantage due to a violation of these Terms or unlawful conduct, the Client will not be entitled to any refund of fees paid for the remaining period of any subscription or prepaid service. For example, if the Client paid for a year in advance and is terminated in month 6 for cause, the Client forfeits any fees for the unused months. This forfeiture is in addition to any other remedies that The KMZ Advantage may have against the Client. Reactivation: If a Client's account was suspended (but not fully terminated) for reasons such as non-payment or a remediable breach, the Client may contact The KMZ Advantage to discuss reactivation once the issue is resolved (e.g., payment is made, or the breach is cured). Reactivation may be subject to a reactivation fee at The KMZ Advantage's discretion, and the Client may be required to updated Terms if the Terms have changed during the suspension period. The KMZ Advantage is under no obligation to reactivate an account if it deems that doing so could result in further violations or risks. Termination for Convenience by Company: While it is not common, The KMZ Advantage reserves the right to terminate the agreement and cease providing Services to the Client for convenience (for example, if the Company decides to discontinue the Service or a portion of it, or to exit a certain market). In such cases, the Company will provide at least 30 days' advance notice to the Client and will refund any prepaid fees covering the period after the termination effective date. This kind of termination is not due to any fault of the Client, and the refund will be the sole remedy to which the Client is entitled in that event. Survival of Terms: The provisions of the Terms that by their nature should survive termination (such as indemnification, liability limitations, governing law, dispute resolution, and any accrued payment obligations) will continue in effect after the termination or expiration of the Services.

29 Indemnification & Liability Limitations

Indemnification by Client: The Client agrees to indemnify, defend, and hold harmless The KMZ Advantage, its parent, subsidiaries, affiliates, and its and their respective officers, directors, employees, agents, and representatives (collectively, the "Indemnified Parties"), from and against any and all claims, demands, lawsuits, actions, proceedings, investigations, liabilities, damages, judgments, settlements, costs, fines, penalties, or expenses (including reasonable attorney's fees and court costs) arising out of or related to: (a) the Client's use of the Services (including any communications sent through the Service on the Client's behalf); (b) any breach of the Client of these Terms or violation of any applicable law or regulation (for example, sending messages without proper consent, or violating privacy laws); (c) the Client's negligence, misconduct, or improper use of the Services; or (d) any allegation that the Client's communications or use of the Services infringed upon or misappropriated the intellectual property rights, privacy rights, or other rights of a third party (including End Customers). This indemnification obligation includes, for example, claims brought by End Customers or regulators against The KMZ Advantage due to messages the Client instructed to send or data the Client provided. The KMZ Advantage will promptly notify the Client of any such claim and reasonably cooperate (at the Client's expense) in the defense. The Client shall have the right to control the defense and settlement of any such claim, provided that The KMZ Advantage may participate with counsel of its own choosing at its own expense, and further provided that the Client may not settle any claim in a manner that admits fault on or imposes obligations on The KMZ Advantage without the Company's prior written consent. Limitation of Liability: To the fullest extent permitted by law, The KMZ Advantage and its affiliates, officers, employees, and agents shall not be liable to the Client or any third party for any indirect, incidental, special, consequential, exemplary, or punitive damages whatsoever, including but not limited to lost profits, lost savings or revenue, lost or corrupted data, loss of business opportunities or goodwill, or procurement of substitute services, arising out of or in connection with the use or inability to use the Services or otherwise in connection with these Terms, even if The KMZ Advantage has been advised of the possibility of such damages. This exclusion of damages applies regardless of the theory of liability (contract, warranty, tort, strict liability, negligence, or any other legal theory). Liability Cap: To the extent that liability is not otherwise excluded under these Terms, the total cumulative liability of The KMZ Advantage (and its affiliates and agents) to the Client for any and all claims arising from or related to the Services or the Terms will be limited to the amount the Client paid to The KMZ Advantage for the Services in the twelve (12) months immediately preceding the event giving rise to the claim. If the Client has used the Service for less than twelve months, then the liability limit shall be the total amount paid by the Client for the Service in that shorter period. If the Client has paid no amount (for example, during a free trial), the total liability of The KMZ Advantage shall not exceed fifty U.S. dollars (USD $50). The existence of multiple claims or events will not enlarge this cap. The Client acknowledges that the fees paid reflect the allocation of risk set forth in this agreement and that without this limitation of liability, the fees would be higher. Exceptions: Some jurisdictions do not allow the exclusion or limitation of certain damages or liabilities. In such jurisdictions, the liability of The KMZ Advantage shall be limited to the greatest extent permitted by law. Nothing in these Terms is intended to exclude or limit liability that cannot be excluded under applicable law (for example, certain statutory liabilities which may not be disclaimed, or liability for personal injury or death resulting from negligence to the extent the law does not allow such exclusion). However, in any case, the Client's remedies are limited to monetary damages up to the limits set forth above, and the Client waives any right to seek injunctive or equitable relief or to enjoin or restrain the operation of the Service (aside from the Client's right to terminate their own use of the Service). Indemnification by The KMZ Advantage: The KMZ Advantages' indemnity of Client is limited to the extent of negligence or willful misconduct by The KMZ Advantage as required under applicable law, and in any case, any indemnity obligations would be subject to the limitations and exclusions set forth in this section. Release: To the extent permitted by law, you release The KMZ Advantage from all liability for you having acquired or not acquired a review or for the content of any review about your business that may be written by an End Customer, even if such review was solicited by a message sent through the Service. The KMZ Advantage is not responsible for what your customers ultimately say about your business; we only facilitate the asking.

30 Miscellaneous

Modifications to Terms: The KMZ Advantage reserves the right to modify or update these Terms at any time. If a change is made, we will provide you with reasonable notice with the Service, or by other reliable means. It is your responsibility to review any updated Terms. Your continued use of the Services after the effective date of the updated Terms constitutes your acceptance of the changes. If you do not agree to a change in the Terms, you must top using the Services and, if applicable, cancel your subscription. Entire Agreement: These Terms (including any Order Form or service agreement, and any documents incorporated by reference such as a Privacy Policy or Data Processing Addendum) constitute the entire agreement, and any documents incorporated by reference such as a Privacy Policy or Data Processing Addendum) constitute the entire agreement between the Client and Mobile Notary Ally LLC DBA The KMZ Advantage regarding the Services. They supersede all prior and contemporaneous understandings or agreements, whether written or oral, relating to the subject matter herein. In entering into this agreement, neither party has relied on any statement, representation, warranty, or agreement of the other party except for those expressly contained in these Terms. Severability: If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be invalid, illegal, or unenforceable, that provision shall be deemed modified to the minimum extent necessary to make it enforceable (if possible) or, if modification is not possible, it shall be severed from these Terms. All other provisions of these Terms will remain in full force and effect. The invalid or unenforceable provision shall not affect the validity and enforceability of the remaining provisions. No Waiver: No failure or delay by either party in exercising any right, power, or remedy under these Terms shall operate as a waiver of that right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude the exercise of any other right, power, or remedy. To be effective, any waiver of rights by The KMZ Advantage must be in writing and signed by an authorized representative of The KMZ Advantage. Assignment: The Client may not assign or transfer any of its rights or obligations under these Terms to any third party without the prior written consent of The KMZ Advantage. Any attempted assignment in violation of this provision is null and void. The KMZ Advantage may assign or transfer its rights and obligations under these Terms freely to an affiliate or in the event of a merger, acquisition, reorganization, or sale of all or substantially all of its assets relating to the Services. These terms will bind and inure to the benefit of the parties, their successors, and permitted assigns. Relationship of Parties: The relationship between The KMZ Advantage and the Client is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, franchise, or agency relationship between the Client and The KMZ Advantage. Neither party has the authority to bind or incur obligations on behalf of the other without express prior written consent. The Client is solely responsible for its own business operations, employees, and customers, and not for those of The KMZ Advantage, and vice versa. Force Majeure: The KMZ Advantage shall not be liable for any delay or failure to perform its obligations under these Terms if such delay or failure is caused by circumstances beyond its reasonable control ("Force Majeure"). Force Majeure events include: but are not limited to, natural disasters (e.g., floods, earthquakes), acts of government or regulatory authorities, war, terrorism, civil unrest, strikes or labor disputes, Internet or telecommunications outages, power failures, fire, epidemics or pandemics, and other events of similar nature. In the event of a Force Majeure event, The KMZ Advantage will make reasonable efforts to resume the Services as soon as practicable. This provision does not excuse the Client's obligation to pay for Services already provided. Notices: Any notices or communications required or permitted under these Terms to you will be given to the contact information we have on file (such as the email associated with your account). Notices to The KMZ Advantage should be sent to our email address designated by us for communications. Notices will be deemed given (a) when delivered personally, (b) when sent by confirmed email, or (c) one business day after being sent by reputable overnight courier, or (d) three business days after being sent by postal mail (airmail if international). Headings and Interpretation: The section headings used in these Terms are for convenience and reference only and shall not affect the meaning or interpretation of any provision of these Terms. Words in the singular include the plural and vice versa. The words "including" or "includes" mean "including without limitation." Contact Information: If you have any questions or concerns about these Terms or the Services, your may contact The KMZ Advantage at [email protected]

31. Contact Information

All notices of copyright infringement claims should be sent to the designated copyright agent as provided in Section 8 (Copyright Infringement). All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to:

Email:

[email protected]

Mobile Notary Ally LLC DBA The KMZ Advantage

California

United States

(760) 800-8900

Last Updated: April 6, 2025