Definitions
“Agreement” means these terms of use and all materials referred to or linked to in here as well as any Order Form.

“Accounts” means the advertiser accounts or accounts that will be reported on with the Reporting Service.

“Billing Period” means the period for which you agree to prepay fees, which will be the same as or shorter than the Subscription Term. For example, if you subscribe to the Services for a two(2) year Initial Subscription Term, with a twelve (12) month upfront payment, the Billing Period will be twelve (12) months.

“Confidential Information” means all information provided by you or us (“Discloser”) to the other (“Receiver”), whether orally or in writing that is designated as confidential. Confidential Information does not include any information that (i) is or becomes generally known to the public without breach of any obligation owed to the Discloser; (ii) was known to the Receiver before receipt from the Discloser; (iii) received from a third party without restriction

“Consulting Services” means the professional services provided to you by us, which may include training services, installation, integration or other consulting services.

“Customer Materials” means all materials that you provide or post, upload, input or submit for public display through the Services. “Maximum Accounts” means the maximum number of Accounts you are permitted to use with the Services as identified in your Order Form, plus any Accounts added as part of an upgrade.

“Dashboard Users means your employees, representatives, consultants, contractors, direct customers or agents who are authorized to use the Services for your benefit and have unique user identifications and passwords for the Subscriptions and only have access to theclient-facing dashboard service.

“Order Form” or “Order” means the ContentMassive-approved form or online subscription process by which you agree to subscribe to the Services, specifying among other things, the service offering selected and the number of Accounts included.

“Subscription Fee” means the amount you pay for the Services.

“Services” means the ContentMassive.io website, all content, services, features, activities, and products available at or through the Website, including, but not limited to, the reporting service (the “Reporting Service” app.ContentMassive.io, the call tracking service (ContentMassive) and, together with all other content, services, features, activities and products available through the Website.

“Subscription Term” means the period during which You have agreed to be subscribed to Services. “Users” means your employees, representatives, consultants, contractors or agents who are authorized to use the Services for your benefit and have unique user identifications and passwords for the Subscriptions.

“You”, “your” or “Customer” means the person or entity using the Services or receiving the Consulting Services and identified in the applicable billing statement, online subscription process, Order Form or Statement of Work as the customer.

ContentMassive Terms Of Use
The following terms and conditions (this “Terms of Use”) govern all use of the Services. TheServices are owned and operated by ContentMassive Inc. “ContentMassive”. Please read these Terms of Use carefully before using the Services.

BY USING OR ACCESSING THE SERVICES, YOU AGREE TO BE BOUND BY THIS TERMSOF USE AND ALL TERMS, POLICIES, AND GUIDELINE INCORPORATED IN THE TERMSOF USE BY REFERENCE, INCLUDING, BUT NOT LIMITED TO, CONTENTMASSIVE’S PRIVACYPOLICY (COLLECTIVELY, THIS “AGREEMENT”). THIS AGREEMENT IS LEGALLY BINDINGAND CONDITIONS YOUR USE OF THE SERVICES. IF YOU DO NOT AGREE TO ALL THETERMS AND CONDITIONS OF THIS AGREEMENT, YOU MAY NOT USE THE SERVICES. ‍

1.     ACCOUNT REGISTRATION AND ACCESS
1.1. Registering
To register for the Reporting Service and create an account, you (including any agentdesignated by you operating on your behalf) must complete the registration process by providing ContentMassive with the information prompted by the registration form, including your name, email address, telephone, company name, company website, and password. You agree to provide us with complete and accurate information when you register for the Reporting Service,and to keep such information up to date.

You shall protect your username and password and are solely responsible for activities that occur under or through your account, including activities initiated by third parties, whether or not such activities are authorized by you. If you allow a third party to access the Reporting Service on your behalf, you shall ensure that such third party is bound by, and abides by, the terms of this Agreement. You agree to notify ContentMassive immediately of any unauthorized use of your account or any other breach of security relating to your account or your use of the Reporting Service.

ContentMassive may access your account, or information associated with your account, to provide support or maintenance, for security-related reasons, or any other business purpose. Youacknowledge and consent to such access.

2.     LICENSES
2.1. License to ContentMassive
During the subscription term and subject to compliance by You with these Terms, ContentMassive hereby grants you a limited, revocable, non-exclusive, non-transferable and non-assignable license to (i) remotely access (by You, your Users or your Dashboard Users) the Reporting Service to view and download your data via reports, dashboards, KPIs, monitoring or any other service detailed in your Order Form, located at https://app.ContentMassive.io or https://app.mymarketingreports.com (ii) to modify and distribute your downloaded reports

In additional to complying with the other terms, conditions and restrictions set forth below in these Terms, You agree not to (A) license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than authorized Agents and End-Users in furtherance of your internal business purposes as expressly permitted by these Terms; (B) use the Service to process data on behalf of any third party; (C) modify, adapt, or hack the Service or otherwise attempt to gain unauthorized access to the Service or related systems or networks; (D) falsely imply any sponsorship or association with ContentMassive Inc; (E) use the Service in any unlawful manner, included but not limited to violation of any person’s privacy rights; (F) use the Service for any forms of duplicative or unsolicited messages; (G) use the Service to store or transmit files, materials, data, text, audio, video, images or other content that infringes on any person’s intellectual property rights; (H) use the Service in any manner that interferes with or disrupts the integrity or performance of the Service and its components (I) attempt to decipher, decompile, reverse engineer or otherwise discover the source code of any Software making up the service(J) use the Service to knowingly post, transmit, upload, link to, send or store any content that is unlawful, racist, hateful, abusive, libelous, obscene or discriminatory; (K) use the Service to knowingly transmit, link to, send or store any viruses, malware, Trojan horses, time bombs or any other similar harmful software; or (L) attempt to use, or use the Service in violation of theseTerms.

2.2. License to Client Data
As between the parties, you shall retain ownership of any information, data and statistics thatContentMassive obtains from your data providers, such as raw data and log files generated by and/or provided to the Reporting Service.

You represent and warrant that you have all rights, licenses, and consents required to access your clients data on the ContentMassive platform.

3.     PRIVACY
ContentMassive’s Privacy Policy is incorporated into this Agreement and is available at https://www.ContentMassive.io/legal/ContentMassive-privacy-policy.

As used in this section, “Personally Identifiable Information” refers to information that can be used to personally identify a unique individual, such as name, address and phone number.

3.1. Your Obligations With Respect to Cookies Used by the ContentMassive Script on Visitors to Your Website
The ContentMassive Script may store cookies on computers used by those who visit your website (“Visitors”). These cookies contain values that allow ContentMassive to detect if the Visitor is a returning Visitor or a first-time Visitor to your web page(s), and when the Visitor last visited the web page(s). Unless you direct us to do so, such as by associating an identity with the Visitor, no Personally Identifiable Information relating to the Visitor is stored within these cookies. ‍ By using the ContentMassive Script implementing the use of such cookies, you represent and warrant that: (A) you will comply with all applicable laws relating to the placement of such cookies on Visitors’ computers; (B) you have posted (or you will post) a privacy policy on each website on which you use the Service, which clearly and conspicuously discloses the use of such cookies and (C) you have obtained all required consents and authorizations from your website Visitors relating to the use of such cookies.

3.2. Security
Your ContentMassive account is protected by a username and password, and should be accessed only by You or third parties that You authorize. You should take steps to protect against unauthorized access to or use of your username and password. You should also remember to log off when using any shared computer or device. ‍ ContentMassive has implemented reasonable security mechanisms to protect your information and Client Data from loss, misuse and unauthorized access, disclosure, alteration and destruction. Examples of these security mechanisms include limited and password-protected access and SSL encryption to protect transmission of data. ‍ However, please keep in mind that no security system is impenetrable. It may be possible for third parties to intercept or access Client Data, information you provide to ContentMassive, information we compile on your behalf, and/or information that we collect about you. ContentMassive cannot guarantee the security of such information and is not responsible for unauthorized access to client accounts or Client Data.

3.3. ContentMassive Limits Access to Your Information
ContentMassive will not knowingly permit access to, or otherwise divulge to a third party, the statistical information we compile for you, or any confidential advertising data from your clients except for the express purpose of generating reports which have been requested, authorized or approved by you, or unless acting under a good faith belief that such action is necessary to (A) conform to legal requirements or comply with legal process; (B) protect and defend the rights or property of ContentMassive; (C) enforce our agreements with clients and/or visitors to our Website; or (D) troubleshoot problems with the Services.

3.4. Reporting Services Not Available for Websites Directed to Children
You may not use the Reporting Services in connection with (A) any website or portion of a website labeled or described as a “Kid’s” or “Children’s” website; (B) any website or portion of a website directed at individuals under the age of 13; or (C) any website or portion of a website that you have reason to know is used primarily by individuals under the age of 13.

4.     PROPRIETARY RIGHTS; RESTRICTIONS ON USE
4.1. Reservations
Except for the limited licenses expressly granted herein, ContentMassive expressly reserves all right, title and interest in and to the ContentMassive Script, content on the ContentMassive Website, anonymous aggregate data and all processing, analytics, and other software and technology used by ContentMassive in the analysis of your website and/or the provision of the Services, including, without limitation, any derivatives, improvements, enhancements or extensions of the Services conceived, reduced to practice or otherwise developed on or on behalf of ContentMassive, all of which are valuable assets of ContentMassive, and any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto.

4.2. Restrictions on Use and Compliance
You shall not use, or allow the use of, the Services, except pursuant to the limited rights expressly granted in this Agreement; use the Services in any manner that is inconsistent with user documentation, if any, supplied to you by ContentMassive or inconsistent with ContentMassive’s standard security procedures, if any, accessible through your user interface; attempt to reverse engineer, hack into, or compromise any aspect of the ContentMassive Technology or Service, or attempt to access data or account information of any other customer of ContentMassive; remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by ContentMassive; use, post, transmit or introduce any device, software or routine that interferes or attempts to interfere with the operation of the ContentMassive Technology and Service; use the ContentMassive Technology and Service for academic research or research unrelated to your Visitors or the web page(s) registered for use with the Services, or for contemplated litigation, scholarship, or any other unintended purpose; post or transmit any libelous, defamatory, indecent, obscene, abusive or pornographic message, data, image or program; post or transmit any message, data, image or program that would violate any property rights of others using the Services; upload or download files that contain software or other material protected by intellectual property laws, rights of privacy or publicity, or any other applicable law unless you own or control the rights to such files or have received all necessary consents; or use the Services to threaten, harass, or otherwise violate the legal rights (including rights of privacy and publicity) of others. You will not use the Services in any way or for any purpose that would violate, or would have the effect of violating, any applicable laws, rules or regulations or any rights of any third parties, including, without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity.

5.     INDEMNIFICATION
You agree to indemnify, hold harmless and (only if requested by ContentMassive) defend ContentMassive, at your expense, against any and all third-party claims, actions, proceedings, and suits asserted against ContentMassive or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees) incurred by ContentMassive or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (A) your breach of any term or condition of this Agreement or (B) your use of the Services. In such instances, ContentMassive will provide you with electronic and written notice of such third-party claim, action, proceeding, or suit to the last e-mail address and mailing address furnished to ContentMassive within 30 days of learning of such claim. You shall cooperate as fully as reasonably required in the defense of any claim. ContentMassive reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

6.     REPRESENTATIONS AND WARRANTIES
You represent and warrant to ContentMassive that you (A) own all right, title and interest in and to the data provided to the Services; (B) own or have obtained all rights (or consent(s)) necessary to publish all of the content created or used in the Services; and (C) have obtained all necessary consent(s) from Visitors required to enable the Services. You specifically agree that ContentMassive shall not be responsible for unauthorized access to or alteration of your data.ContentMassive does not represent or warrant that (1) the Services will be error-free or accessible at particular times, (2) defects will be corrected, (3) the Services, or the server(s) that makes it available, are free of viruses or other harmful components, or (4) the use or the results of the use of the Services or the materials made available as part of the Services will be correct, accurate, timely, or otherwise reliable.

7.     DISCLAIMERS AND LIMITATIONS ON LIABILITY

7.1 General Disclaimers

ContentMassive strives to provide accurate and up-to-date information, reports, and services through the Services, but we cannot guarantee that all content is free from inaccuracies or typographical errors. We reserve the right to make improvements or changes to the Services at any time without prior notice.

The Services may include links to third-party websites (“Third Party Websites”). Accessing Third Party Websites is at your own risk, and ContentMassive is not responsible for the accuracy, availability, or reliability of any information, goods, data, opinions, advice, or statements on Third Party Websites. These links are provided as a convenience and do not imply endorsement.

7.2 Disclaimers of Warranties

THE SERVICES AND ANY REPORTS DERIVED THEREFROM ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. CONTENTMASSIVE DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR NEEDS OR BE ERROR-FREE.

7.3 Limitations on Liability

UNDER NO CIRCUMSTANCES SHALL CONTENTMASSIVE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF CONTENTMASSIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CONTENTMASSIVE’S TOTAL LIABILITY FOR ANY CLAIMS ARISING UNDER THIS AGREEMENT SHALL NOT EXCEED THE AGGREGATE FEES PAID TO CONTENTMASSIVE DURING THE SIX (6) MONTHS PRECEDING THE INCIDENT GIVING RISE TO LIABILITY.

8. SERVICE FAILURES

ContentMassive does not guarantee uninterrupted Services and shall not be liable for any downtime caused by factors including but not limited to maintenance, internet outages, equipment failures, or events beyond our control.

9. U.S. GOVERNMENT RIGHTS

If the Services are acquired by or on behalf of the U.S. Government, the Government’s rights shall be subject to the terms and conditions of this Agreement.

10. FEES

10.1 Subscription Fees

Subscription fees for the Services are fixed during the Subscription Term unless you exceed account limits or upgrade features, in which case additional fees may apply. By using the Services, you agree to pay all applicable fees and taxes.

10.2 Changes in Fees

ContentMassive may change fees for the Services at any time with notice. Fee changes will apply prospectively and will not affect fees for current Subscription Terms.

10.3 Payment of Fees

Fees for your Plan will renew automatically unless canceled before the end of the Subscription Term. You authorize us to bill fees to your provided credit card and to update payment information as necessary.

10.4 ContentMassive Fees

If you use ContentMassive, you are responsible for maintaining a sufficient account balance to cover charges for phone numbers and minutes used.

10.5 Tracking Numbers

Each tracking number is valid for one month and will renew automatically unless canceled.

10.6 Per Minute Charges

Charges for call usage are billed from the time a call connects to the ContentMassive network until all parties disconnect, rounded up to the nearest minute.

10.7 Credit Card Payments

All fees are billed to your credit card. You agree to keep billing information current and authorize us to charge renewal fees accordingly.

10.8 Payment Terms, Refunds, and Upgrades

Fees are non-refundable. Upgrades to your Plan may incur immediate prorated charges. Downgrades are allowed only at the end of the Subscription Term.

10.9 Account Cancellation

To cancel your Plan, contact support@contentmassive.com. Fees for the current Subscription Term are due upon cancellation.

11. ContentMassive Terms

11.1 Call Recording

ContentMassive offers call recording with caller notification. By using call recording, you agree to these terms and acknowledge your responsibility for compliance with recording laws.

11.2 Telephone Numbers

ContentMassive will make reasonable efforts to obtain and maintain requested telephone numbers. You agree to comply with porting and usage terms for telephone numbers.

12. TERM AND TERMINATION

12.1 General

ContentMassive may terminate or suspend Services for material breaches with notice.

12.2 Termination of Services

Either party may terminate Services at any time. Upon termination, you must pay outstanding fees, and access to historical data will cease.

13. MODIFICATIONS TO THIS AGREEMENT

ContentMassive may modify this Agreement with notice. Your continued use of Services constitutes acceptance of modified terms.

14. MISCELLANEOUS

14.1 Excuse

ContentMassive is not liable for failure to perform due to circumstances beyond our control.

14.2 Severability and Waiver

If any provision of this Agreement is unenforceable, the remainder shall remain in effect. Our failure to enforce any provision does not waive our right to enforce it later.

14.3 Entire Agreement

This Agreement supersedes all prior agreements between us.

14.4 Arbitration

Disputes shall be resolved through binding arbitration in Delaware, excluding class actions.

14.5 Injunctive Relief

Arbitration does not apply to actions for injunctive relief related to intellectual property.

14.6 Choice of Law and Forum

This Agreement is governed by Delaware law, with jurisdiction in Delaware courts.

14.7 Notices

Notices may be delivered electronically or by mail.

14.8 Transfer of Rights

You may not transfer rights without ContentMassive’s consent.

14.9 Headings

Section headings are for convenience and do not affect interpretation.

14.10 Force Majeure

ContentMassive is not liable for failure to perform due to force majeure.

14.11 Future Functionality

Purchases are not contingent on future features unless agreed in writing.

15. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

You agree to comply with local laws regarding online conduct and data transmission.

These terms and conditions constitute the entire agreement between you and ContentMassive regarding the Services and supersede any prior agreements or representations. If you have any questions about these terms, please contact us at support@contentmassive.com.