These Terms of Service for Telvero, Inc. (this “Agreement”) is a legal agreement between you (either an individual or an entity that you are representing, hereinafter “you”) and Telvero, Inc. and its suppliers and licensors (collectively “Telvero”) for the Telvero Services (“Services”). Your use of the Services constitutes your agreement to the terms of this Agreement and you acknowledge that Telvero would not agree to provide the Services without that assent. The Services include new products, product changes, upgrades, support and other services. You may only receive the Services if you are a Service subscriber in good standing with a valid, authorized payment method on file with Telvero. You understand that you must obtain your own Internet connection in order to use the Services. We do not control your Internet access or the quality of your Internet connection. WE ARE NOT RESPONSIBLE FOR ANY THIRD PARTY PRODUCTS OR SERVICES, OR FOR PROBLEMS IN THE SERVICES CAUSED BY YOUR INTERNET CONNECTION OR THIRD PARTY PRODUCTS OR SERVICES NOR WILL WE CONTACT ANY OF THESE PROVIDERS ON YOUR BEHALF.

Telvero may modify these Terms of Service without notice and such modifications shall be deemed effective immediately upon posting of the modified Terms of Service. You agree to review these Terms of Service periodically to be aware of such modifications and your continued access or use of Service constitutes your acceptance to be bound by the revised Terms of Service.

1. PAYMENT & SERVICES.

1.1 Automatic Monthly Billing. Unlimited Text Messaging Plans and additional telephone numbers used for texting are provided on a monthly basis, with an automatic monthly renewal unless you cancel your service online in accordance with Section 2 below. You agree to pay Telvero the recurring monthly service charges, set-up charges and usage charges, if applicable, for your use of the Services plus any applicable taxes as set forth in Section 1.5 below.

1.2 Usage Based Fees. Enterprise text messaging plans are billed on a per-message basis with an associated minimum monthly usage commitment level. Messages sent and received under this plan are billed in real-time with the 

computed balance decremented from the prepaid messaging balance after each text message is completed.

1.3 Payment Processing. You agree to provide us with a valid email address and a valid payment method. You must advise us immediately if your email address changes and/or payment method changes or expires. Failure to comply may result in the immediate termination of Services. You authorize Telvero to automatically bill the credit card or ACH bank account you provided, until you cancel the Services in accordance with the requirements of Section 2 below. You agree that Telvero may receive updated information about your account from the financial institution issuing your credit card. Telvero allows for ACH debit as a payment method. For those users who have selected that method of payment and have completed the Telvero ACH Authorization Form, there will be a $25 fee charged for each ACH debit transaction attempt that results in a return value of ‘insufficient funds’.

1.4 Fee Payments & Late Charges. Except for usage based fees, all fees are due in advance on the first day of each billing period. Failure to pay in full may result in immediate account suspension and Telvero shall have no liability for such suspension under any circumstances. Accounts will be reactivated, at Telvero’s sole discretion, only when the account balance is paid in full and a $25 reconnect fee is paid. Telvero may modify the Service fees at any time, but will provide at least thirty (30) days advance notice by email or by publishing the new Service fees on the Telvero website. During any period of suspension for non-payment, Services will be unavailable to you until the account balance is paid in full.

1.5 Taxes. Prices for the Services do not include any customs duties, sales, use, value added, excise, federal, state, local, public utility, universal service or other similar taxes. All such taxes (computed automatically by Telvero and inserted in a line-item fashion on your bill) shall be and paid by you and will be added to any amounts otherwise charged for service to you unless you provide Telvero with an appropriate exemption certificate.

1.6 Invoice Discrepancies & Currency Conversion. All invoices are available for viewing and downloading online via the Telvero user portal only. You agree to notify Telvero about any billing problems or discrepancies within 30 days after they first appear on your account statement. If you do not bring them to Telvero`s attention within 30 days, you agree that you waive your right to dispute such problems or discrepancies. All transactions are charged in U.S. dollars (USD). Please remember that orders placed with us will be converted from USD to your currency by your credit card company when they process the transaction. Telvero cannot be held responsible for any adverse currency fluctuations.

1.7 Release of Numbers. You acknowledge that in the event of any account termination or cancellation, all telephone numbers associated with your account 

are released and may not be available to you upon your reactivation. You acknowledge that it is your responsibility to work with a third party provider to port out those numbers prior to your termination or cancellation of your account or termination of services. 

1.8 Unlimited 2-way Text Messaging Services. Unlimited 2-way text messaging services are provided solely for dialog between two individuals. Unlimited 2-way text messaging services may not be used for broadcast messaging, automated messaging, blast or repetitive messaging. Broadcast, blast, marketing and automated messaging must be done using the Telvero Broadcast messaging service which is billed on a metered basis (with optional free allotment based on subscription package). If Telvero finds that you are using Unlimited 2-way text messaging services for other than dialog between two individuals, Telvero may, at its option, terminate your service or change your plan to an Enterprise metered usage model. Telvero will provide notice that it intends to take any of the above actions, and you may terminate the Agreement. Further information regarding unlimited text message plans can be found in section 4.2 of this agreement.

1.9 Notices from Telvero. Telvero may provide you notice under this Agreement either by written document, email, voice mail or by publishing the information on the Telvero website.

2. CANCELLATION OF SERVICES.

You may cancel the Services at any time by visiting the Telvero online user portal under the Billing options tab. YOU MAY ONLY CANCEL SERVICES BY COMPLETING THIS ONLINE CANCELLATION PROCESS. TELVERO WILL NOT ACCEPT CANCELLATION VIA TELEPHONE, EMAIL, FAX OR OTHER METHODS. FAILURE TO CANCEL SERVICES IN ACCORDANCE WITH THIS ONLINE PROCESS WILL RESULT IN ONGOING SERVICE FEES. You acknowledge that the cancellation will be effective immediately upon submitting the cancellation request via the online user portal. Telvero will provide you with email confirmation of both your request to cancel Services and the actual cancellation of Services. If you do not receive a confirmation of your request to cancel after submitting the form or if you do not receive a confirmation of Service cancellation, you must notify Telvero by sending an email to billing@telvero.com. You will not receive any refund or partial refund or any credits for any charges already billed to your account. If you have a remaining balance in your prepaid text messaging account, it will be refunded to your method of payment currently on file. In the event you signed up for a minimum commitment period, you will be responsible for all charges for the entire minimum commitment period, all such fees will immediately accelerate and you authorize Telvero to immediately bill all these fees to your payment method. You understand and agree that cancellation of your subscription is your sole right and remedy with respect to any dispute with 

Telvero. This includes, but is not limited to, any dispute related to, or arising out of: (1) any term of this Agreement or Telvero`s enforcement or application of this Agreement; (2) any policy or practice of Telvero, including any Telvero Privacy Policy, or Telvero`s enforcement or application of these policies; (3) the amount or type of fees, applicable taxes, billing methods, or any change to the fees, applicable taxes, or billing methods.

3. TELVERO RIGHT TO TERMINATE OR MODIFY SERVICES.

Telvero may modify the terms of this Agreement or the Services, including but not limited to the price, content or nature of the Services, upon notice to you. Your continued use of the Services constitutes your agreement to those modified terms of this Agreement and you acknowledge that Telvero would not agree to provide the Services without that assent. In the event Telvero modifies the Agreement or the Services, you may terminate the Services as provided in Section 2, above. Telvero may terminate this Agreement and any Services at any time upon notice to you, provided that in the event you have not violated any term of this Agreement, you will be entitled to receive the Services for any period for which you have already paid, or a pro-rata refund at Telvero`s sole discretion. This Agreement will automatically terminate if you fail to comply with any term. No refund will be provided in the event that you have violated any term of this Agreement. No notice shall be required from Telvero to affect such termination. Upon any termination of this Agreement (whether by you or Telvero), you shall immediately discontinue use of the Services. Your obligation to pay accrued charges and fees shall survive any termination of this Agreement. In the event that Telvero terminates this Agreement, the Services, or any ancillary Services, all of your data, including all recordings, will be deleted on or after the data that Telvero cancels such services, without further notice to you.

4. SERVICE USE RESTRICTIONS.

4.1 Compliance with Laws.

You agree that you shall only use the Services in a manner that complies with all applicable laws in the jurisdictions in which you use the Services, including, but not limited to, applicable restrictions concerning copyright and other intellectual property rights and restrictions concerning direct marketing or telemarketing. Telvero may provide you with guidelines regarding compliance with applicable regulation(s); however, you are solely responsible for ensuring that your use of the Services is in compliance with such regulations. You may only use the Services for your own use. You may not use the Services in any way to provide, or as part of, any commercial service or application or in any way interfere with the users, services or equipment of the network. You may not attempt to, in conjunction with any device, software program or service, circumvent 

technological measures employed to control access to the Service. In addition to any other remedies available in equity or law to Telvero, failure to comply with any of the terms and conditions in this Section 4 (Service Use Restrictions) shall result in immediate termination of the Services.

4.2 Fair Use.

You agree that you will NOT use the Services in ways that violate laws, infringe the rights of others, or interfere with the users, services, or equipment of the Services. You agree and represent that you are purchasing the Services and/or the equipment for your own internal use only, and shall not resell, transfer or make a charge for the Services or the equipment without the advance express written permission of Telvero.

Telvero reserves the right to review usage of unlimited text messaging plans to ensure that you are not abusing such plans. You agree to use unlimited text messaging plans for normal 2-way conversation and will not employ methods or devices to take advantage of unlimited plans by using the unlimited text messaing services excessively or for means not intended by Telvero. 

You agree that your level of usage of Telvero’s unlimited text messaging plans will be comparable to that of the average small business customer utilizing such plans. Telvero deems usage that substantially exceeds the average volume of its other unlimited usage plan customers as abusive. You agree that Telvero has the right to terminate your service or charge you additional fees if your usage is considered abusive in the sole discretion of Telvero.

If it is determined that your usage is abusive, your service may, at Telvero’s sole discretion, be moved to an Enterprise level plan which is billed on a prepaid, metered per-message rate plan. Telvero will alert you via email if your unlimited text messaging plan has been switched to a Enterprise metered rate plan. You have the option of canceling service immediately in accordance with section 2 of this agreement.

5. PERSONAL INFORMATION AND PRIVACY.

Telvero utilizes the public Internet and third party networks to provide text messaging services. Accordingly, Telvero cannot guarantee the security of your data communications. Telvero is committed to respecting your privacy. If you choose to provide personal information, it will only be used in the context of your relationship with Telvero. Telvero will not sell, rent, or lease your personal information to others. Unless required by law, subpoena, court order, warrant or other valid government request, Telvero will only share the personal information you provide with other Telvero entities and/or business partners that are acting on Telvero’s behalf to perform the activities described herein and in accordance with the Telvero Privacy Policy, located at www.telvero.com/privacy. Such Telvero 

entities and/or national or international business partners are subject to Telvero’s Privacy Policy with respect to the use of this data. Upon the appropriate request of a government agency, law enforcement agency, court or as otherwise required by law, Telvero may disclose personally identifiable information.

6. E-MAIL NOTIFICATION.

To let you know what new Services are available from time to time, Telvero may send you emails describing the latest Services, how to access the Services and changes to the Services. You agree that as a Service subscriber, Telvero may send you such emails to the addresses you provide. Because these emails are necessary for you to receive the Services, you will receive these emails even if you have opted out of receiving other email from Telvero. If you do not want to receive these emails, you may cancel the Service at any time as provided in this Agreement.

7. PORTED TELEPHONE NUMBERS ON SERVICE DISCONNECTION.

7.1 Port-out of Telephone Numbers.

You may be able to take, or “port,” your current telephone number(s) to another service provider. You will remain responsible for all charges and fees until you notify Telvero of your election to cancel services in accordance with Section 2. Until you notify us of your intention to cancel, your Service and your Agreement with us will not terminate, you will remain a Telvero customer, and you will continue to be responsible for all charges and fees associated with your Telvero Service. You will not receive any refund or partial refund or any credits for any charges already billed to your account

7.2 Request for Telvero to Port-in numbers.

Any transferring or ‘porting’ of existing landline telephone numbers will result in ONLY the text-messaging component of that telephone number being transferred. Under no circumstance, unless specifically agreed-to by Telvero, will the voice service capability of telephone numbers be transferred. The existing voice services on your telephone number(s) at the time of transfer will remain with the existing carrier. 

If you request that Telvero port a number from an existing service provider to Telvero, Telvero will use commercially reasonable efforts to assist you in porting the text messaging capability that number. You must correctly complete a letter of authorization with signature as outlined on the Telvero website. You acknowledge that you may be required to perform an automated telephone verification on any existing landline telephone number prior to it being transferred in order to demonstrate that you own the number. You also may be required to perform a manual telephone number verification by a Telvero customer service 

representative. In addition, for number ownership verification purposes, you may be required to. provide us with a copy of your most recent bill from your existing service provider. Failure to provide any information requested by Telvero or the third party service provider may delay the porting of the text messaging capability of the number to Telvero. Telvero shall not be responsible for any delay in the port of your number and will not provide credit for any such delays.

8. DISCLAIMER OF WARRANTY & LIMITATION OF LIABILITY.

THE SERVICES ARE PROVIDED AS-IS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TELVERO FURTHER DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TELVERO OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, COMPUTER FAILURE, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICES EVEN IF TELVERO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH TELVERO RELATED TO THIS AGREEMENT OR THE SERVICES/CONTENT SHALL BE CANCELLATION OF THE SERVICES. IN THE EVENT A COURT AWARDS DIRECT DAMAGES DESPITE THE FOREGOING, SUCH DAMAGES SHALL NOT EXCEED THE LESSER OF $250.00 OR THE AMOUNT YOU PAID TO TELVERO WITHIN THE LAST SIX MONTHS. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. TELVERO DOES NOT ENDORSE, WARRANT OR GUARANTEE ANY CONTENT PROVIDED BY OR THROUGH TELVERO.

9. INDEMNIFICATION.

You agree to hold harmless, indemnify and defend Telvero, its officers, directors and employees, from and against any losses, damages, fines and expenses (including attorneys’ fees and costs) arising out of or relating to any claim that you have violated any term of this Agreement, including, without limitation, the requirements set forth in Section 4.1 of this Agreement.

10. NO ASSIGNMENT.

This Agreement is personal to you (or the company which you represent) and may not be assigned without Telvero`s express written consent. If you are agreeing on behalf of a company, you represent that you are authorized to bind the company under this Agreement.

11. COMPLETE AGREEMENT.

This Agreement shall constitute the complete and exclusive agreement between us, notwithstanding any variance with any purchase order or other written instrument submitted by you, whether formally rejected by Telvero or not. The acceptance of any purchase order is expressly made conditional on your consent to the terms set forth herein and any additional terms in your purchase order or similar document shall be null and void. The terms and conditions contained in this Agreement may not be modified by you except in a writing duly signed by you and an authorized representative of Telvero. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances. This Agreement will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, the application of which is hereby expressly excluded. Telvero is not liable for editorial, pictorial, or typographical errors in this communication.

12. Force Majeure.

Telvero is not responsible or liable to you for its failure to perform any of its obligations contributed to by causes or circumstances beyond its reasonable control including, without limitation, Internet outages, communications and cable outages, failure of third party services or products that interface or interact with the Services, labor strikes, lockouts, supply shortages, earthquake, fire, flood, war, act of God, criminal acts (e.g. computer hacking that circumvents reasonable security measures), bankruptcy of merchants or licensees, or any acts of governmental bodies or authorities.

13. CONSENT TO USE OF ELECTRONIC SIGNATURES AND RECORDS.

As a convenience and courtesy to you, Telvero provides access to its Services online which may require you to enter into agreements or receive notices electronically. Accordingly, you acknowledge and agree that by clicking “I Agree” or “I Accept” anywhere on a Telvero website:

13.1 You agree to conduct electronically the particular transaction into which you 

thereby enter including, without limitation, entering into this Agreement;

13.2 You have read and understand the electronic copy of electronic contracts, notices and records, including, without limitation, this Agreement, and any policies and any amendments hereto or thereto;

13.3 You agree to, and intend to be bound by, the terms of the particular transaction into which you thereby enter; 

13.4 You are capable of printing or storing a copy of electronic records of transactions into which you enter including, without limitation, this Agreement and any amendments hereto; and,

13.5 You agree to receive electronically information about the Services and other electronic records into which you thereby enter including, without limitation, this Agreement.

14. VENUE/GOVERNING LAW.

This Agreement will be governed by and construed in accordance with the laws of the State of Florida without regard to conflicts-of-laws principles. By using the Services, you hereby agree that the exclusive jurisdiction for any and all disputes regarding these Terms shall lie in the federal, state, and local courts of Indian River County, Florida.