Fulcrum Design Terms of Service

FULCRUM DESIGN,LLC TERMS OF SERVICE

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Fulcrum Design,LLC, suite of Software as a Service (the "SaaS")virtual queuing application covered under the Terms of Service include Queue Mobile™Court Q™, Student Q™, Court Q Reminder and Interact Mobile, Optimum Adoptions, Mobile Matradee and Patient Q™ collectively referred to as “Fulcrum’s Software” are, virtual queuing, software as a service solution designed to automate social distancing at scale, optimizing customer throughput and delivering an exceptional customer experience.

Fulcrum's Software use Transactional SMS messaging, which are non-marketing automated text message, to send alerts and notifications to customer who joined the virtual waiting line. You can reply L to leave the line or STOP to opt out of the service.

These Terms of Service (the “Terms of Services”), together with our Privacy Policy (the “Privacy Policy) and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and , Inc relating (to) your use of the SaaS.

Fulcrums Software is solely owned by Fulcrum (“Fulcrum Design”). The terms "we", "our", or "us" When used in this Agreement, refers to Fulcrum Design, and the terms “you,” “your”, and “user” will refer to you.

1. YOUR RELATIONSHIP WITH US

1.1. By using the SaaS and all related software features including but not limited to, web widgets, kiosks, mobile web, user interface, digital display and text messaging, and other services provided by Fulcrum's Software (the "Services"), you are agreeing to be bound by the terms and conditions of this Agreement.

1.2. If you are entering into this agreement for a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access our services through your account to these terms and conditions, in which case the terms "you" or "your" shall refer to such entity, its affiliates, and users associated with it. if you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this agreement and may not use the services.

1.3. If we makes material changes to the Agreement, we may or may not notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current SaaS, including the release of new tools or resources, shall be subject to the Agreement. Continued use of the SaaS after any such changes shall constitute your consent to such changes.

1.4. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT and you expressively recognize and acknowledge that:

a) you may not use the SaaS and may not accept the Agreement if you are not of legal age to form a contract in your jurisdiction, or you are a person or entity barred from receiving Services under the laws of the United States or other countries including the country in which you or from which you use the Services;

b) you must be an individual. For the purpose of clarity, accounts registered by "bots" or other automated methods are not permitted;

c) you may not use the Service for any illegal or unauthorized purpose. Your access to and use of the Services must be in strict compliance with Applicable Law. “Applicable Law” includes all applicable laws, rules and regulations applicable to you, your business or the subject matter of this Agreement including without limitation, laws governing the use of individual information, deceptive and misleading advertising, electronic commercial communications, telemarketing and other similar laws, which include without limitation the U.S. Telephone Consumer Protection Act of 1991, U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 and the Canada Anti-SPAM Legislation, if applicable, and each as amended;

d) you may not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by us, unless you have been specifically allowed to do so in a separate written agreement. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of any scripts, web crawlers, spiders, robots, site/search retrieval application) especially for the creation of user accounts;

e) you will may not engage in any activity that interferes with, disrupts, damages, impairs, or disables the Services (or the servers and networks which are connected to the Services);

f) you may not, under any circumstance, (i) harass or advocate harassment of another person or entity; or (ii) impersonate any person or entity or misrepresent in any way your affiliation with a person or entity; and

g) verbal, physical, written or other abuse (including threats of abuse or retribution) of any person of entity, including, without limitation, our customer, employee, or member.

2. DESCRIPTION OF THE SaaS

2.1. The SaaS is an interactive queue management systems using SMS text messaging and digital display directories using the contact information you will have provided (the “Content”).

3. CANCELLATION AND TERMINATION

3.1. You are solely responsible for properly canceling your account and the Services. An email to support@.com, with “Cancel” in subject line or phone request is required to cancel your account. Your account is officially cancelled upon receiving a confirmation number.

3.2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be restored in the future if you choose to register for the Service in the future.

3.3. We, at our sole discretion, reserve the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other of our services, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your account or your access to your account, and the forfeiture and relinquishment of all Content in your account. We reserve the right to refuse to provide the Services, or any other of our services, to anyone for any reason at any time.

3.4. We shall not be liable to you or to any third party due to your account being cancelled or terminated, including accounts terminated due to violation of the Agreement.

4. MODIFICATIONS TO THE SERVICE

4.1. We continuously makes changes to the SaaS in order to provide the best possible experience for its users and as such, you accept and agree that (i) the form and nature of the Services which are provided may change without prior notice; and (ii) your continued use of the SaaS after any such changes shall constitute your consent to such changes. Without limiting the generality of the foregoing, you agree that as part of this constant innovation we may stop providing the Services (or any features within the Services) to you or to other users at our sole discretion, without prior notice to you. You may stop using the Services at any time.

4.2. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice and we shall in no event be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

5. INTELLECTUAL PROPERTY AND CONTENT OWNERSHIP

5.1. Fulcrum's Software, the Service and all of their respective components, are the intellectual property of and/or Fulcrum Design, as the case may be and all trade names, trademarks, service marks, logos, icons, images, domain names, and other distinctive brand features, as the case may be, shall also be considered as the intellectual property of and/or Fulcrum Design, as the case may be (collectively the “Intellectual Property”). Unless otherwise agreed in writing by its owner, you may not use any of and or and/or Fulcrum Design's Intellectual Property. Without limiting the generality of the foregoing, the Intellectual Property also include the look and feel of the Service and the products that considered within the SaaS. All rights reserved.

5.2. You may not (i) duplicate, copy, or reuse any portion of the Intellectual Property including without limitation, the HTML/CSS, JavaScript, or visual design elements or concepts ; or (ii) modify, adapt, reverse engineer, reproduce, duplicate, copy, sell, trade or resell the Intellectual Property for any purpose.

5.3. We claim no copyright or intellectual property rights over the Content uploaded or created by you within the Services.

6. ACCOUNT LEVEL SECURITY

6.1. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with security obligation. For the purpose of clarity, you agree and understand that you are solely responsible (i) for maintaining the confidentiality of your Fulcrum's Software passwords; and (ii)for all activities that occur under your account. Notwithstanding the foregoing, you recognize and acknowledge that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (i) changes to conform and adapt to technical requirements of connecting networks or devices.

6.2. If you become aware of any unauthorized use of your password or of your account, you agree to notify immediately at bmunson@fulcrumdesignllc.com

7. PRIVACY POLICY AND YOUR PERSONAL INFORMATION

7.1. We greatly respect your desire for privacy and as such, our Privacy Policy is written with your interests in mind. For more information on how we handle and protect your data please read a copy of the Privacy Policy. By using the Services, you are consenting to the terms of our Privacy Policy.

8. EXCLUSION OF WARRANTIES

8.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WITHOUT WARRANTY OF ANY KIND AND WE HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED

8.2. WE DO NOT REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

8.3. Messages shall be deemed to have been delivered when we deliver the messages to the immediate destination, including mobile telephone networks, or any other intermediary server/API that is designated as the point of delivery for the message. Although we provide extensive text messaging coverage, including all major U.S. mobile carriers, we make no guarantees (i) to network coverage; or (ii) delivery on behalf of mobile carriers.

8.4. You understand that our messaging services act only as a service for users to send text messages to a contact mobile phone and that we do not itself verify the content of messages sent by users or messages received by users. We cannot and do not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of any text message sent to a mobile number or received by any user.

9. LIMITATION OF LIABILITY

9.1. WE MAY TERMINATE OR MAKE CHANGES TO ALL OR ANY PORTION OF THE Service AT ANY TIME AND WITHOUT NOTICE OR LIABILITY.

9.2. WE SHALL NOT BE LIABLE TO YOU FOR:

a) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED OR OTHER INTANGIBLE LOSS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU RECOGNIZE AND ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR LOSS RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICES; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE.;

b) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES; OR

c) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.

10. INDEMNIFICATION

10.1. You shall defend and/or Fulcrum Design, as the case may be, against any claim, demand, suit or proceedings made or brought on as a result of a breach of your obligations under the Agreement, including by a third partying alleging that your Content or your use of the Service, infringes or violates applicable law, and shall indemnify and/or Fulcrum Design, as the case may be, of any damages finally awarded against and for the reasonable attorney's fees incurred in connection with any such claim, demand, suit or proceeding; provided, that we (i) promptly give you written notice of the claim, demand, suit or proceeding; and (ii) provide to you all reasonable assistance, the whole, at your sole expense. Notwithstanding anything herein,

your undertake not to settle any claim, demand, suit or proceeding unless the settlement unconditionally releases of and/or Fulcrum Design, as the case may be, of all liability.

11. GENERAL CONDITIONS

11.1. In order to access certain Services or use them on an ongoing basis, you may be required to provide information about yourself (such as mobile number or contact details) as part of the registration process for the Service, or as part of your continued use of the SaaS. You agree that any registration information you provide will always be accurate, correct and up to date. Failure to provide the correct information shall result in account deactivation.

11.2. You accept and agree that for any reason we may disable your account and prevent you from accessing the SaaS, your account details or any data (i.e., messages, etc.) contained or associated with your account.

11.3. Support for the Services is available in English.

11.4. You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

11.5. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the Agreement and its remaining provisions will continue to be valid and enforceable.

11.6. Our failure to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. The Agreement constitutes the entire agreement between you and us and governs your use of the Service, superseding any prior agreements between you and us (including, but not limited to, any prior versions of the Agreement, Privacy Policy, or Acceptable Use Policy ).

11.7. Your relationship with us under the Agreement, shall be governed by the laws of the State of Connecticut. You agree to submit to the exclusive jurisdiction of the courts located within the county of Hartford, Connecticut to resolve any legal matter arising from the Agreement. You agree that we shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

12. INQUIRIES

12.1. Questions about the Agreement can be sent to clientservices@fulcrumdesign.com

Nov 15, 2020

Acceptable Use Policy Scroll Down

Fulcrum Acceptable Use Policy

This document is an extension of Fulcrum Design, LLC Terms of Service.

Fulcrum Design, LLC provides virtual queue management services (QueueMobile™, Court Q™, Court Q Reminder, InteractMobile and Student Q™) by sending transactional SMS text messaging to create a virtual waiting line.

Account Users of QueueMobile™, Court Q™, or Student Q™ send texts from our browser-based application. Logging in the application you agree to adhere to Fulcrum 's Terms of Service and Acceptable Use Policy.

You understand that QueueMobile™, Court Q™, Student Q™ provides only a Platform for queue management and API for transactional text messages used to create a virtual waiting line.

Fulcrum ’s Acceptable Use Policy requires your adherence and compliance with the regulatory requirement of the country you are doing business in. The burden is on the user, to understand, and adhere to the regulations. Key regulatory agencies and regulations.

United States -(FCC) Federal Communications Commission

Canada -(CRTC) The Canadian Radio-television and Telecommunications Commission Europe - GDPR The General Data Protection Regulation

Why Message content matters.

The two types of commercial texts messages are promotional and transactional, defined by their content and intent.
Promotional messages are sent with the purpose of increasing sales, promoting your product, or raising awareness about your business. “Redeem this coupon at any Subway location for $3.00 off. Reply STOP to End Messages”

Transactional messages contain information that is necessary for your customers to use your product or service. For example, “Reply S to check your status in line. Reply STOP to End Messages”

Promotional messages are the focus of regulators.

Recent case law exempts transactional messages from the regulatory requirements governing promotional messaging. However, transactional messages still require consumers consent and the ability for the consumer to opt out at anytime.

Fulcrum does not itself verify the content of messages sent by account users to customers waiting in the virtual line. Fulcrum, Inc. cannot and does not assume responsibility for the accuracy, completeness, compliance, reliability, timeliness,

innocuousness, legality or applicability of any text message sent to a mobile number or received by any user.

Spam

Using QueueMobile™, Court Q™ or Student Q™ for spam will result in your account being deactivated immediately. We take spam and unsolicited messaging very seriously. Text messaging (SMS and MMS) is a regulated medium. There are a number of governing bodies that help to protect the consumer from spam. Fulcrum builds safeguards into our Service to protect consumers. As a User of the QueueMobile™, Court Q™,or Student Q™, You are also responsible for respecting the governing laws. As a user of QueueMobile™, Court Q™, or Student Q™, you are agreeing to be a responsible user.

Best Practices

Below are a number of groups, agencies, and nonprofit organizations that help to protect consumers from spam. They also provide general guidelines for using text messaging for anything beyond just a conversation between friends.

Application to peer (A2P) messaging guidelines and best practices that resonate between all of them.

Content must be age appropriate for all audiences.
Customers should opt-in to receive messages from you.
Content should be informative, instructive, alerts and notifications.
Customers should be able to opt-out of your service.
That is until the user opts back into the service.
On the initial message to the customer, it is best to provide information on how they can opt out of the service.

Message Recipient Opt-out
Individuals must also have the ability to revoke consent at any time by replying with a standard opt-out keyword. In an effort to protect all users, Fulcrum looks for keywords that denote a user's intention to opt-out of receiving text messages. Those keywords include, but are not limited to: L to leave line, C to cancel appointment, CANCEL,

REMOVE or STOP remove from line and end messaging. Understand that if a message is received from the customer by Fulcrum and their response contains one of these values, you will not see the customer's response. The customer will receive an informational text message from Fulcrum , letting them know that your number has been

blocked from texting. It will also give them away to undo their action if it was unintentional.

Cellular Telecommunications Industry Association, CTIA

CTIA is a group of U.S. wireless operators and 3rd party service providers that power the text messaging infrastructure. This group also concerns itself with policies to protect the text messaging medium. Text messaging is a medium that spans numerous service providers. CTIA has worked with the industry leaders to come up with a set of guidelines that help to protect message recipients and text messaging as a communication medium.

Questions or Support

We understand that there are quite a few rules to read and absorb. If you have any questions, please feel free to reach out to us at bmunson@fulcrumdesignllc.com

Revised: November 2020