User Terms

SmartBulk Messenger – Terms of Use Last Revised: September 19, 2025 Welcome to the SmartBulk Messenger websites and services (the “Site”). Through the Site, you have access to a variety of resources and content. These include: (a) software and software-as-a-service offerings (“Software”); (b) web pages, data, messages, text, images, photographs, graphics, audio and video, documents, and other downloadable or viewable materials (“Materials”); and (c) forums, discussion groups, chat areas, bulletin boards, blogs, wikis, e-mail functions, and other services in connection with which you can upload, download, share, email, post, publish, transmit or otherwise make available Content (as defined below) (“Community Services”). Software, Materials, Community Services, and other information, content, and services are collectively referred to as “Content.” The following are terms of a legal agreement between you (“You” or “Your”) and LocalHost Digital, doing business as SmartBulk Messenger (“SmartBulk,” “we,” “us,” or “our”). By accessing or using the Site or the Content provided on or through the Site, you agree to follow and be bound by these Terms of Use (the “Terms”) and our Privacy Policy (collectively, the “Agreement”). We may revise this Agreement at any time. The revised Agreement is effective when posted on the Site. Your continued use of the Site or Content after changes are posted constitutes your acceptance of the revised Agreement. If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have authority to bind that entity, and “You” will refer to that entity. 1. Terms Applicable to Specific Content and Areas Some areas of the Site or Content may have additional rules, guidelines, license agreements, ordering documents, or other terms that apply to your access or use of that area or Content (including terms applicable to organizations and their users). If there is a conflict between these Terms and terms specific to an area or Content, the latter control for that area or Content. 2. Use of Software (including SaaS) Your use of Software is subject to all agreements that accompany or are included with the Software, ordering documents, exhibits, online terms, and other applicable conditions (“License Terms”). If Software is provided without separate License Terms, then (a) you may access and use the Software solely for your internal, lawful business purposes; (b) you shall not modify, reverse engineer, decompile, disassemble, or create derivative works of the Software except to the extent such restriction is prohibited by law; and (c) you shall not resell, sublicense, or redistribute the Software. Messaging Compliance. You are solely responsible for (i) the Content of your messages and campaigns; (ii) obtaining and maintaining all legally required consents from message recipients; and (iii) complying with all applicable laws, rules, and industry guidelines for electronic communications, including Canada’s Anti-Spam Legislation (CASL) and any other laws that apply to your recipients (e.g., U.S. TCPA/CAN-SPAM, EU ePrivacy/GDPR, where applicable). You must honor opt-out/unsubscribe requests promptly and maintain accurate records of consent where required. 3. Use of Materials You may download, store, display, view, listen to, play, and print Materials that SmartBulk publishes or makes available through the Site subject to: (a) use solely for your internal, informational, and lawful business purposes; (b) no modification or alteration; and (c) no redistribution without our prior written consent unless such redistribution is expressly permitted by the Material itself. 4. Use of Community Services Community Services are provided as a convenience and are not an official customer support channel. You may use Community Services solely for your personal or internal informational purposes. Content provided via Community Services may not be redistributed. Do not store or collect personal data about other users except as expressly authorized by SmartBulk and applicable law. 5. Reservation of Rights The Site and Content are the intellectual property and copyrighted works of SmartBulk or its third-party providers. All rights not expressly granted are reserved. All Content is provided on an “as is” and “as available” basis. We may terminate the permissions granted herein and your use of the Content at any time. 6. Your Content “Your Content” means any data, text, images, media, messages, contact information, and other materials you or your users submit to the Site or Software. You represent and warrant that you have all rights necessary to Share Your Content and to grant the licenses below. License to Operate Services. By Sharing Your Content, you grant SmartBulk a worldwide, non-exclusive, royalty-free license to host, store, reproduce, process, transmit, display, and otherwise use Your Content solely to operate, provide, secure, support, and improve the Site and Software, and to comply with law and enforce our rights. No Sale or Publicity Without Consent. We will not sell Your Content or use it in public marketing materials without your prior written consent, except where Your Content is posted by you in public areas of the Site (e.g., a public forum). Prohibited Content/Conduct. You agree not to Share Content that: (a) is false or misleading; (b) is defamatory, harassing, or invasive of privacy; (c) infringes or misappropriates intellectual property or other rights; (d) promotes bigotry, hatred, or harm; (e) is obscene or otherwise objectionable; (f) violates law or encourages unlawful conduct; (g) contains advertising or solicitations via Community Services not permitted by us; (h) contains malware or harmful code; or (i) includes personal data of third parties without required notices, consents, or a lawful basis. Confidential Information. Unless a separate written agreement says otherwise, information you Share via public or general Site channels is not confidential. Our handling of personal information is described in our Privacy Policy. 7. Security, Accounts, and Access Do not access or use the Site in a way that could damage, disable, overburden, or impair any SmartBulk accounts, systems, or networks; attempt to gain unauthorized access; interfere with proper operation; or use any robot, spider, scraper, or other automated means without our prior written permission. If an account is required, you must provide current, complete, and accurate information and keep it updated. Access to password-protected or secure areas is restricted to authorized users. Do not share credentials. You are responsible for all activities that occur under your accounts. Notify support@smartbulkmessenger.com immediately of any unauthorized use. 8. No Unlawful or Prohibited Use You agree not to use the Site or Content for any purpose that is unlawful, infringes the rights of others, or is prohibited by these Terms or posted policies. 9. Indemnity You will indemnify and hold harmless SmartBulk, its affiliates, officers, directors, employees, and agents from and against all claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or related to: (a) Your Content; (b) your violation of this Agreement or additional posted terms; (c) your violation of any law (including CASL or other messaging laws); or (d) your infringement or misappropriation of any third-party rights. 10. Monitoring We have no obligation to monitor the Site or screen Content, but we reserve the right to review the Site and Content, monitor use, and remove or decline to make available any Content in our discretion, including Content that is confidential or proprietary to third parties. 11. Termination and Suspension We may discontinue providing or limit access to the Site, any areas of the Site, or Content at any time. We may terminate or suspend your access if we believe you violated this Agreement or infringed others’ rights. We are not liable to you or any third party for such termination or limitation, including with respect to Your Content you may have Shared. 12. Third-Party Websites, Content, Products, and Services The Site may link to third-party sites or display third-party Content, products, or services. We are not responsible for such third-party materials and you bear all risks associated with their use. 13. Disclaimer EXCEPT WHERE EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT WITH YOU, THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. SMARTBULK DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE OR CONTENT WILL MEET YOUR REQUIREMENTS; BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; THAT RESULTS WILL BE ACCURATE OR RELIABLE; OR THAT THE QUALITY OF ANY CONTENT WILL MEET YOUR EXPECTATIONS. ANY CONTENT ACCESSED OR DOWNLOADED IS AT YOUR OWN RISK. 14. Limitation of Liability TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL SMARTBULK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE SITE OR CONTENT, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SITE OR CONTENT WILL NOT EXCEED THE GREATER OF (A) AMOUNTS PAID BY YOU TO SMARTBULK FOR THE SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) CAD $100. 15. Exclusions and Limitations Some jurisdictions do not allow certain disclaimers or limitations of liability. To the extent such laws apply, the disclaimers and limitations will apply to you to the fullest extent permitted, and the remainder of this Agreement remains in full force and effect. 16. Privacy SmartBulk is committed to privacy. Please review our Privacy Policy (available on the Site) for information about how we collect, use, process, and store personal information, and how we share such information with service providers to operate and improve our services in accordance with applicable law. 17. Persons Not of Age of Majority The Site and Software are not directed to persons under the age of majority (18 in Ontario). Do not submit information about or from minors unless you have verifiable parental consent and such processing is permitted by law and our Privacy Policy. 18. Availability of Products and Features Information on the Site may reference SmartBulk products, features, or services that might not be available in your location. Such references do not imply an obligation to make them available. Availability is subject to change. 19. Export Compliance You represent that you are not located in, under the control of, or a national or resident of any country or jurisdiction subject to Canadian, U.S., or other applicable embargoes or sanctions, and you will not use the Site or Software in violation of export control or sanctions laws. 20. Waiver and Severability Our failure to enforce any provision is not a waiver. If any provision is found unenforceable, it will be modified to the minimum extent necessary to be enforceable, and the remainder will remain in effect. 21. Governing Law and Venue This Agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict-of-laws rules. You and SmartBulk agree to the exclusive jurisdiction and venue of the courts located in Ottawa, Ontario, Canada for disputes arising from or relating to this Agreement, the Site, or the Content. 22. Intellectual Property; Copyright/Trademark Copyright © 2019–2025 LocalHost Digital / SmartBulk Messenger and/or its affiliates. Unauthorized copying, distribution, modification, public display, or public performance of copyrighted works may infringe rights of the copyright owner. You agree not to use the Site or any SmartBulk property to infringe SmartBulk’s or others’ intellectual property rights. You may not remove or alter copyright, trademark, logo, or other ownership notices on originals or copies of software, third-party software, products, or Content accessed through the Site. Notice of Alleged Infringement. If you believe material on the Site infringes your copyright, please contact us with: (i) your contact details; (ii) identification of the copyrighted work; (iii) identification of the material claimed to be infringing and its location; (iv) a statement of good-faith belief; and (v) a statement under penalty of perjury that the information is accurate and you are authorized to act. We may remove or disable access to allegedly infringing material and may terminate repeat infringers’ accounts. 23. Contact Information Questions about these Terms may be sent to legal@smartbulkmessenger.com For support, contact support@smartbulkmessenger.com Additional contact information is available on the Contact page of the Site.