Terms and Conditions

These Terms and Conditions (“Terms”) govern your access to and use of the websites, pages, forms, funnels, portals, products, software, digital content, communications, consulting, implementation, management, marketing, automation, and other services offered by My Global Mobile, PMA (“My Global Mobile,” “MGM,” “Company,” “we,” “us,” or “our”).

These Terms apply to MyGlobalMobile.com, MyGlobalMobile.net, associated subdomains, landing pages, order pages, client portals, and any other website or service that links to or incorporates these Terms.

By visiting a website, submitting a form, creating an account, purchasing a product or service, signing a proposal or order form, accessing digital content, or otherwise using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, do not use the Services.

1. Definitions

For purposes of these Terms:

• “Client” means a person or entity that purchases, subscribes to, receives, or contracts for Services.
• “User” means any visitor, prospect, client, customer, member, account holder, authorized user, or other person who accesses or uses the Services.
• “Services” means our websites, products, software, digital content, subscriptions, consulting, training, implementation, management, marketing, AI, automation, lead generation, and related offerings.
• “Client Materials” means information, content, data, lists, images, trademarks, recordings, credentials, instructions, documents, and other materials supplied by or for a Client.
• “Order Documents” means a signed agreement, proposal, statement of work, order form, checkout page, invoice, subscription page, or other written document describing a specific purchase.
• “Third-Party Services” means software, platforms, telecommunications services, payment processors, advertising networks, AI providers, data providers, hosting providers, and other products or services supplied by parties other than My Global Mobile.

2. Eligibility and Authority

You must be at least 18 years old and legally capable of entering into a binding agreement to use or purchase the Services.

If you use the Services on behalf of a business, organization, or other entity, you represent and warrant that you have authority to bind that entity. In that case, “you” includes both you and the entity.

The Services are intended primarily for businesses, professionals, organizations, and adult users. They are not directed to children under 13.

3. Scope of Services

Depending on the engagement, My Global Mobile may provide or facilitate:

• AI automation consulting, AI business consulting, and AI team training;
• AI automation agents, Agentic AI Agents, AI receptionists, AI voice agents, AI assistants, and AI chatbots;
• Inbound and outbound call handling, missed-call recovery, lead qualification, appointment setting, and automated follow-up;
• Lead generation, lead research, data enrichment, Lead Reveal, visitor identification, database reactivation, and revenue-recovery campaigns;
• Search engine optimization, local SEO, Google Business Profile optimization, AEO, GEO, and AI-search visibility services;
• Online reputation management, review-generation systems, and customer feedback campaigns;
• Social media management, content creation, newsletters, funnels, landing pages, and marketing automation;
• Online course creation, digital training, memberships, and educational content;
• Software access, platform setup, integrations, CRM configuration, workflow implementation, and managed services; and
• Related consulting, implementation, management, referral, reseller, and affiliate services.

The specific scope, deliverables, schedule, assumptions, fees, and responsibilities for a paid engagement are determined by the applicable Order Documents.

4. Order of Precedence

If documents conflict, the following order generally controls:

1. A separately signed master service agreement or other negotiated contract;
2. A signed statement of work, proposal, or order form;
3. The specific checkout, subscription, trial, or offer terms presented at purchase;
4. These Terms; and
5. General website descriptions or promotional content.

A specific written offer may modify refund, guarantee, trial, subscription, or service terms for that offer only.

5. Proposals, Estimates, and Changes in Scope

Unless otherwise stated, proposals and estimates are based on the information available when prepared and may expire on the date shown.

Changes to scope, assumptions, deliverables, platforms, integrations, volume, timing, data, content, or Client requirements may require additional fees, revised deadlines, or a written change order.

We are not responsible for delay, added cost, or reduced performance caused by incomplete information, late approvals, unavailable credentials, changing instructions, Client inaction, third-party limitations, or circumstances outside our reasonable control.

6. Accounts, Credentials, and Authorized Access

You must provide accurate, current, and complete account information and keep it updated.

You are responsible for safeguarding usernames, passwords, API keys, telephone credentials, payment credentials, access tokens, and other account information. You must promptly notify us of suspected unauthorized access.

When you provide credentials or authorize access to a website, domain, CRM, social account, advertising account, telephone system, payment account, calendar, email account, software platform, or other system, you authorize us and our approved contractors to access and use that system only as reasonably necessary to perform the Services.

You represent that you have authority to grant all access and permissions you provide.

7. Fees, Payment, and Taxes

You agree to pay all fees, charges, usage costs, taxes, and other amounts stated in the applicable Order Documents.

Unless otherwise stated:

• Fees are stated and payable in U.S. dollars;
• Payment is due when invoiced, charged, or otherwise specified;
• Setup, implementation, consulting, creative, and custom-development work may require payment before work begins;
• Advertising spend, telephone usage, SMS charges, email volume, data purchases, domain fees, software fees, platform fees, and other third-party costs are separate unless expressly included; and
• You are responsible for applicable sales, use, excise, value-added, and similar taxes, excluding taxes based on our net income.

You authorize us and our payment processors to charge the payment method you provide for amounts due under the applicable Order Documents.

8. Recurring Subscriptions and Automatic Renewal

Some Services are offered on a recurring monthly, annual, or other subscription basis.

When you enroll in a recurring subscription, you authorize recurring charges at the price and frequency disclosed at enrollment until the subscription is canceled or terminated.

Unless a specific offer states otherwise:

• Subscriptions automatically renew for successive periods of the same length;
• Cancellation takes effect at the end of the then-current paid billing period;
• Previously paid subscription fees are not prorated or refunded; and
• You must cancel before the next renewal charge is processed to avoid the next billing period.

Cancellation instructions may be provided in the applicable checkout page, account, subscription portal, order form, or written agreement. You may also contact us using the information in Section 38.

9. Free Trials and Promotional Offers

Free trials, introductory periods, discounted setup offers, promotional pricing, and other special offers are governed by the specific terms displayed with the offer.

A trial may require account setup, onboarding information, software access, or a valid payment method. If a trial converts to a paid subscription, the conversion date, price, billing frequency, and cancellation method will be disclosed as part of the offer or checkout process.

Unless otherwise stated, one trial is permitted per business, household, person, account, payment method, or substantially related organization. We may reject or terminate duplicate, fraudulent, abusive, or ineligible trial registrations.

Trial features, usage limits, support levels, integrations, and available functions may differ from paid Services.

10. Cancellations, Refunds, and Guarantees

Any refund, cancellation right, money-back guarantee, performance guarantee, or risk-free offer applies only when it is expressly stated in the applicable Order Documents.

Unless a specific written offer states otherwise, and to the fullest extent permitted by law:

• Setup, onboarding, implementation, consulting, strategy, creative, custom-development, data, and labor fees are non-refundable after work begins;
• Recurring subscription fees are non-refundable once charged;
• Advertising spend, telephone charges, SMS charges, email charges, platform fees, software costs, data costs, and other third-party expenses are non-refundable;
• Digital products, downloadable materials, templates, courses, recordings, reports, and licensed content are non-refundable after access, delivery, or download; and
• Cancellation does not erase fees already earned, incurred, committed, or due.

Nothing in this section limits any non-waivable refund or cancellation right provided by applicable law.

11. Failed Payments, Chargebacks, and Collection

If a payment fails, is reversed, or becomes past due, we may suspend or limit Services, disable automations, pause campaigns, withhold deliverables, revoke access, or terminate the engagement.

Before initiating a chargeback or payment dispute, you agree to contact us and provide a reasonable opportunity to investigate and resolve the issue.

An improper chargeback does not cancel your payment obligations. You remain responsible for valid charges, collection costs, processor penalties, and reasonable attorneys’ fees to the extent permitted by law and the applicable agreement.

12. Client Responsibilities and Cooperation

You are responsible for:

• Providing timely, accurate, complete, and lawful information, instructions, approvals, materials, credentials, and access;
• Reviewing and approving strategies, scripts, prompts, campaigns, content, offers, workflows, and deliverables before use when approval is requested;
• Verifying factual claims, pricing, availability, legal disclosures, licenses, professional statements, and regulated information;
• Maintaining backups of business-critical data and materials;
• Obtaining necessary permissions, licenses, notices, and consents;
• Ensuring that your products, services, business practices, lists, campaigns, and instructions comply with applicable law;
• Designating an authorized decision-maker and responding within a reasonable time; and
• Using the Services only for lawful business purposes.

You are responsible for consequences caused by inaccurate information, delayed approvals, unauthorized materials, unlawful instructions, or failure to cooperate.

13. Email, SMS, Telephone, and AI Voice Communications

We may communicate with you through email, SMS or MMS, telephone, voicemail, chatbot, AI voice agent, client portal, or other electronic means for service, transactional, support, appointment, educational, and marketing purposes where legally permitted.

Marketing calls or texts that require consent will be sent only where legally sufficient consent has been obtained. Consent to receive marketing communications is not a condition of purchasing goods or services where prohibited by law.

Message frequency may vary. Message and data rates may apply. You may:

• Reply STOP to opt out of recurring SMS messages;
• Reply HELP for text-message assistance;
• Use the unsubscribe link in commercial email; and
• Request placement on our internal do-not-call list.

Calls may be recorded, monitored, transcribed, summarized, or analyzed when permitted by law. Notice or consent will be provided when required.

AI voice agents are not emergency systems. Do not use them to report medical, safety, law-enforcement, fire, or other emergencies.

14. Client Communication Campaign Compliance

When we provide email, SMS, telephone, AI voice, voicemail, chatbot, advertising, lead-nurturing, reactivation, or outreach Services for a Client, each party is responsible for its own legal obligations.

The Client is specifically responsible for:

• The legality, source, accuracy, and permitted use of contact lists and lead data;
• Obtaining, documenting, and preserving required consents;
• Providing accurate caller, sender, business, and offer identification;
• Maintaining and honoring unsubscribe, suppression, revocation, and do-not-call requests;
• Approving scripts, messages, offers, disclosures, timing, frequency, and audience criteria;
• Complying with time-of-day, recording, telemarketing, advertising, privacy, and industry-specific restrictions;
• Ensuring that communications do not contain false, misleading, deceptive, discriminatory, defamatory, or unlawful content; and
• Consulting qualified legal counsel regarding campaign compliance when appropriate.

We may refuse, pause, modify, or terminate a campaign that we reasonably believe creates legal, security, reputational, platform, or consumer-harm risk.

15. Artificial Intelligence Services and Limitations

Our Services may use generative AI, machine learning, automated decision support, speech recognition, transcription, synthetic voices, large language models, and related technologies.

You acknowledge that AI systems are probabilistic and may produce inaccurate, incomplete, outdated, inconsistent, offensive, biased, or fabricated output. AI output must be reviewed by a qualified human before being relied upon for important decisions or distributed publicly.

Unless expressly agreed in writing, AI Services are not designed or approved for:

• Emergency response;
• Medical diagnosis or treatment decisions;
• Legal, tax, accounting, investment, or financial advice;
• Employment, housing, credit, insurance, education, healthcare, or other high-impact eligibility decisions;
• Autonomous decisions that create legal or similarly significant effects;
• Impersonation, deception, fraud, harassment, discrimination, or unlawful surveillance;
• Unauthorized voice cloning or use of another person’s identity; or
• Any use prohibited by law or a Third-Party Service.

We do not guarantee that AI output will be unique, non-infringing, accurate, suitable, or continuously available.

16. AI Receptionists, AI Voice Agents, AI Assistants, and Chatbots

AI communication systems may answer or place calls, respond to messages, collect information, qualify leads, schedule appointments, provide approved information, create summaries, update records, and trigger workflows.

The Client must review and approve the system’s instructions, knowledge, scripts, escalation paths, transfer numbers, appointment rules, disclosures, and prohibited topics.

AI systems may misunderstand callers, fail to recognize accents or background noise, provide an incomplete response, schedule incorrectly, disconnect, experience latency, or be unavailable because of network, carrier, platform, or provider issues.

The Client is responsible for maintaining reasonable human escalation, monitoring, quality review, and correction processes appropriate to the business and use case.

17. Marketing, SEO, AEO, GEO, and Advertising Results

Marketing, search, advertising, content, social media, reputation, lead generation, and conversion results depend on many factors outside our control, including competition, market conditions, platform policies, algorithms, website quality, offer quality, pricing, sales performance, customer behavior, budget, seasonality, and Client cooperation.

We do not guarantee:

• Specific search-engine rankings;
• Placement in Google Maps, AI Overviews, ChatGPT, Gemini, Claude, Perplexity, or any other platform;
• A specific number or quality of leads, calls, appointments, reviews, sales, customers, or conversions;
• A particular cost per lead, advertising return, revenue, profit, or business outcome;
• That a platform will approve, continue, index, display, recommend, or preserve any content, listing, account, advertisement, citation, or campaign; or
• That results will continue after Services end.

Rankings, analytics, traffic, attribution, audience, and conversion data may be delayed, estimated, modeled, incomplete, or affected by third-party reporting limitations.

18. Lead Generation, Lead Reveal, Data Enrichment, and Reactivation

Lead and business-contact information may come from Client records, public sources, licensed databases, advertising platforms, website activity, visitor-identification systems, enrichment providers, or automated matching.

Data may be incomplete, outdated, inferred, incorrectly matched, unavailable, or inaccurate. You must independently verify information before relying on it or initiating outreach.

You may use lead and contact information only for lawful purposes and in accordance with the applicable license, privacy notice, consent, suppression request, contract, and law.

Unless expressly authorized, you may not resell, republish, redistribute, sublicense, scrape, reverse engineer, or build a competing database from data provided through the Services.

We do not guarantee that any lead will respond, qualify, schedule, purchase, remain a customer, or produce revenue.

19. Online Reputation Management and Reviews

Review-generation and reputation-management Services are intended to facilitate lawful requests for honest customer feedback and to help businesses monitor and respond to reviews.

You may not use the Services to:

• Create, purchase, sell, solicit, or publish fake reviews;
• Offer compensation conditioned on a positive review;
• Threaten, harass, or improperly pressure a reviewer;
• Misrepresent who wrote a review or the reviewer’s experience;
• Suppress lawful criticism through deceptive means; or
• Violate a review platform’s terms or applicable law.

We cannot guarantee that a platform will publish, retain, remove, restore, rank, or display any review, response, profile, or listing.

20. Social Media, Content, Newsletters, Funnels, and Advertising

The Client is responsible for reviewing and approving claims, prices, offers, disclosures, endorsements, testimonials, intellectual property, regulated statements, and factual content before publication.

Platforms may reject, remove, restrict, demonetize, suspend, or terminate content or accounts. We are not responsible for a platform’s decision, algorithm change, outage, moderation action, policy update, or enforcement practice.

Advertising budgets, media spend, sponsorship costs, list fees, creator fees, and platform charges are not included unless expressly stated.

The Client authorizes us to publish approved content and operate approved accounts and campaigns within the scope of the engagement.

21. Online Courses, Training, Digital Products, and Educational Content

Courses, training, templates, reports, recordings, prompts, guides, and other educational materials are provided for informational and business-development purposes.

Unless otherwise stated, purchase grants a limited, revocable, non-transferable license for the purchaser’s personal or internal business use. You may not reproduce, distribute, resell, sublicense, publish, share login credentials, or create competing materials from the content.

Completion of a course or training program does not guarantee employment, certification, licensing, revenue, compliance, skill level, business success, or any particular result.

Any certificate issued by us is a certificate of participation or completion unless expressly identified as an accredited or legally recognized credential.

22. Third-Party Services and Platforms

The Services may depend on or integrate with Third-Party Services, including CRM platforms, AI providers, telephone carriers, SMS providers, email providers, payment processors, advertising networks, hosting services, social networks, analytics tools, data providers, calendars, course platforms, and automation systems.

Third-Party Services are governed by their own terms, privacy policies, pricing, usage limits, and acceptable-use rules. You may be required to create and maintain separate accounts and pay separate fees.

We do not control and are not responsible for a third party’s:

• Availability, security, accuracy, performance, or support;
• Pricing, billing, limits, policies, or feature changes;
• Data handling or privacy practices;
• Account suspension or termination;
• API, integration, carrier, delivery, or compatibility failures; or
• Discontinuation, acquisition, merger, or shutdown.

If a required Third-Party Service changes or becomes unavailable, we may modify the implementation, recommend an alternative, adjust fees, suspend affected features, or terminate the affected portion of the Services.

23. Affiliate Links, Referrals, Reseller Relationships, and Compensation

We may recommend, promote, link to, resell, or facilitate access to third-party products, software, platforms, and services. For primary "terms and conditions" of our Referral Initiative [Affiliate] see Exhibit-C here: .  https://myglobalmobile.com/terms-conditions-privacy-policy-and-disclaimers.html.

We may receive affiliate commissions, referral fees, revenue shares, reseller compensation, advertising payments, discounts, free products, or other benefits when you click a link, register, or purchase from a third party.

A material relationship will be disclosed where required. Affiliate compensation does not necessarily increase the price you pay.

You are responsible for evaluating third-party products and services. Our recommendation is not a warranty, guarantee, endorsement of every feature, or promise that the third-party service is suitable for your needs.

If we offer an affiliate, referral, partner, reseller, or commission program, a separate program agreement may apply and will control participation in that program.

24. Intellectual Property Rights

The Services and all associated content, software, systems, designs, templates, methods, prompts, workflows, documentation, training, trademarks, logos, text, graphics, video, audio, code, and other materials are owned by My Global Mobile, our licensors, or their respective owners and are protected by intellectual property laws.

Except for the limited rights expressly granted in these Terms or an Order Document, no right, title, or interest is transferred to you.

You may not, without prior written permission:

• Copy, reproduce, republish, distribute, sell, sublicense, or commercially exploit our materials;
• Remove copyright, trademark, confidentiality, or proprietary notices;
• Reverse engineer, decompile, disassemble, scrape, or attempt to extract source code or protected logic;
• Use our trademarks, branding, or content in a way that implies affiliation or endorsement;
• Create a competing product, database, training program, prompt library, template set, or service from our proprietary materials; or
• Use automated systems to harvest or reproduce website or service content.

25. Client Materials and Deliverables

You retain ownership of Client Materials. You grant us and our service providers a worldwide, non-exclusive license to host, copy, modify, transmit, display, process, and otherwise use Client Materials as reasonably necessary to provide, secure, support, and improve the Services.

You represent and warrant that:

• You own or have all necessary rights to Client Materials;
• Our authorized use will not infringe or violate another person’s rights;
• Client Materials are accurate and lawful; and
• You have provided all notices and obtained all consents required for the information supplied.

Ownership and licensing of custom deliverables are determined by the applicable Order Documents. Unless an Order Document expressly assigns ownership, and after full payment, you receive a non-exclusive, perpetual license to use final custom deliverables for your own business purposes.

My Global Mobile retains ownership of all pre-existing and underlying tools, templates, methods, software, source materials, prompt frameworks, automations, libraries, processes, know-how, generalized skills, reusable components, and improvements, even when used to produce a deliverable.

Third-party assets remain subject to their original licenses.

26. Feedback, Testimonials, and Publicity

If you voluntarily provide ideas, suggestions, corrections, or feedback, you grant us a perpetual, worldwide, royalty-free right to use that feedback without restriction or compensation.

We will not use a non-public Client name, logo, testimonial, case study, or confidential result in public marketing without authorization, except as otherwise permitted by a written agreement or where the information was independently made public by the Client.

Testimonials, examples, case studies, and success stories reflect individual experiences and do not guarantee that others will achieve the same or similar results.

27. Confidentiality

Each party may receive non-public business, technical, financial, operational, customer, marketing, or strategic information from the other party (“Confidential Information”).

The receiving party will use reasonable care to protect Confidential Information and will use it only to perform or receive the Services, exercise legal rights, or comply with law.

Confidential Information does not include information that the receiving party can demonstrate:

• Is or becomes public through no breach of duty;
• Was lawfully known without restriction;
• Was independently developed without use of the other party’s Confidential Information; or
• Was lawfully received from a third party without a confidentiality duty.

A party may disclose Confidential Information when legally required, provided it gives notice when legally permitted and reasonably cooperates with protective efforts.

28. Privacy and Data Protection

Our collection and use of personal information for our own purposes are described in our Privacy Policy, which is incorporated into these Terms by reference.

When we process personal information solely on behalf of a Client, the Client is generally the controller or business that determines the purpose and means of processing, and My Global Mobile acts as a processor, contractor, or service provider as applicable.

A separate data processing agreement, business associate agreement, security addendum, or other written agreement may be required for regulated, sensitive, or high-risk data.

Do not provide protected health information, biometric data, government identification numbers, payment-card data, children’s data, or other highly sensitive information unless we have expressly agreed in writing to receive and process it.

29. Acceptable Use and Prohibited Conduct

You may not use the Services to:

• Violate any law, regulation, court order, contract, platform rule, or third-party right;
• Commit fraud, deception, impersonation, harassment, stalking, abuse, discrimination, or unlawful surveillance;
• Transmit malware, malicious code, ransomware, spam, phishing, or harmful content;
• Send unlawful calls, texts, emails, voicemails, advertisements, or solicitations;
• Collect, process, disclose, or sell data without a lawful basis;
• Infringe copyright, trademark, privacy, publicity, confidentiality, or other rights;
• Generate or distribute illegal, defamatory, obscene, exploitative, violent, hateful, or materially deceptive content;
• Interfere with, overload, disrupt, probe, scan, or bypass security or usage limits;
• Resell, sublicense, share, or provide unauthorized access to the Services;
• Use the Services to create or improve a competing service through unauthorized copying, extraction, or benchmarking;
• Use synthetic voices, images, or identities to deceive others or falsely imply a real person’s participation; or
• Engage in any activity that may expose us, a provider, a Client, or another person to legal, security, operational, or reputational harm.

30. Suspension and Termination

We may suspend, restrict, or terminate access to all or part of the Services if:

• Payment is past due or reversed;
• You violate these Terms, an Order Document, law, or a Third-Party Service rule;
• Your use creates security, legal, fraud, platform, deliverability, carrier, consumer-harm, or reputational risk;
• You fail to provide necessary cooperation, information, access, or approvals;
• A required Third-Party Service suspends or terminates access;
• Continued performance becomes unlawful, impossible, commercially unreasonable, or unsafe; or
• The applicable Order Documents permit suspension or termination.

Upon termination, all amounts already incurred or earned become immediately due. You must stop using materials and Services for which your license or access has ended.

You are responsible for exporting data and materials before access ends. Subject to our Privacy Policy, applicable law, platform capabilities, and written agreements, data may be deleted after termination.

31. Copyright and Intellectual Property Complaints

If you believe content associated with our Services infringes your copyright or other intellectual property rights, send a written notice to the contact information in Section 38 containing:

• Identification of the protected work or right;
• Identification and location of the allegedly infringing material;
• Your name and contact information;
• A statement explaining your good-faith belief that the use is unauthorized;
• A statement that the information in the notice is accurate and that you are the owner or authorized to act for the owner; and
• Your physical or electronic signature.

Knowingly submitting a false claim may create legal liability.

32. Disclaimers of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

MY GLOBAL MOBILE DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, QUIET ENJOYMENT, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

We do not warrant that the Services will be uninterrupted, error-free, secure, available at all times, compatible with every system, free of harmful components, or capable of producing a particular result.

Information and content are not legal, tax, accounting, medical, investment, financial, employment, cybersecurity, or other regulated professional advice. You should consult qualified professionals for advice specific to your circumstances.

Some jurisdictions do not allow certain warranty exclusions, so some exclusions may not apply to you.

33. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, MY GLOBAL MOBILE AND ITS OWNERS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES.

This exclusion includes damages for lost profits, lost revenue, lost business, lost opportunities, lost goodwill, lost data, replacement services, business interruption, advertising spend, customer claims, regulatory action, or unauthorized access, even if advised that such damages were possible.

To the fullest extent permitted by law, our total aggregate liability arising out of or relating to the Services, these Terms, or an Order Document will not exceed the greater of:

• One hundred U.S. dollars ($100); or
• The fees actually paid to My Global Mobile for the specific Service giving rise to the claim during the six months immediately preceding the event that created the claim.

The limitations apply regardless of the legal theory and even if a remedy fails of its essential purpose.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for fraud, willful misconduct, or personal injury caused by gross negligence where applicable law prohibits limitation.

34. Dispute Resolution, Arbitration, and Class-Action Waiver

A. Informal resolution first

We seek to avoid utilizing BAR Card attorneys for the settling of the "disputes and/or claims", because they cost way too much, are too restrictive and do not rely on the actual "terms and conditions" in the agreement between the parties. Instead, they often utilize exceptions, loopholes, procedures and other legal tactics to subvert justice. We believe that mature adults should be looking to other people (arbitrators) who can assess an agreement/contract and see who is in the default. It's not that hard.

Before filing arbitration or a lawsuit (only for enforcement of the Arbitration Awards), the complaining party must send a written dispute notice describing the facts, legal basis, requested relief, and supporting documents, in the accordance with the Dispute Resolution Policies shown here and on this page: https://myglobalmobile.com/terms-conditions-privacy-policy-and-disclaimers.html (most specifically, Exhibit-D).

The parties must attempt, in the good faith, to resolve any and all" of the "disputes and/or claims", (a) between the MGM and any other people, person and/or party, (b) for at least 30 days after the receipt of the notice by the non-moving party.. This requirement does not prevent either party from seeking urgent temporary relief when necessary to prevent immediate harm.

B. Binding individual arbitration

Except for matters listed below, any dispute, claim, or controversy arising out of or relating to the Services, these Terms, an Order Document, the parties’ relationship, or communications between the parties will be resolved through final and binding individual, private arbitration.

Arbitration will be administered by the People's Arbitration Association (“PAA”) under the PAA rules applicable to the dispute.. If the PAA is unavailable, the director of My Global Mobile, PMA will select another private arbitrator of it's choosing.

The arbitration may be conducted by video, telephone, written submissions, or in person in Montgomery County, Texas, depending on the applicable rules and the arbitrator’s decision.

The arbitrator may award any individual remedy available in court but may not consolidate claims or award relief for persons who are not parties to the arbitration.

C. Exceptions

Either party may:

• Bring an individual action in a court of competent small-claims jurisdiction solely to (a) seek temporary or injunctive relief to protect intellectual property, confidential information, data, systems, accounts, or security, (b) seek collection of any unpaid amounts of an "agreement or contract" between the parties or (c) to file a "complaint and/or claim" against a (i) "government agency or (ii) "individual or entity" masquerading as if they are "lawful government" agents, employees, agencies, courts and/or departments. 

D. Class-action and jury-trial waiver

DISPUTES MUST BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY. NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION.

ALL PARTIES WAIVES THE RIGHT TO A JURY TRIAL.

E. Arbitration opt-out

You may opt out of this arbitration agreement by sending written notice within 30 days after the date you first accept these Terms.

The notice must include your full name, business name if applicable, email address, mailing address, the date of acceptance, and a clear statement that you opt out of arbitration. Send the notice by email with the subject line Arbitration Opt-Out and by mail to the contact information in Section 38.

Opting out of arbitration does not opt you out of any other provision of these Terms, and constitutes cause for My Global Mobile, PMA to discontinue providing any services, at any time, (a) to such "people, person and/or entity" opting out of the arbitration provisions, (b) after the receipt of such opt out notice.

F. Arbitration fees

Arbitration fees will be allocated under the applicable PAA rules and law. Each party will pay its own attorneys’ fees unless a contract, statute, or arbitrator permits an award of fees.

G. Severability of arbitration terms

If the class-action waiver is found unenforceable for a particular claim or requested remedy, that claim or remedy will proceed in court after all arbitrable claims are completed, unless applicable law requires a different result. No class or representative arbitration is permitted without the written agreement of all parties.

35. Governing Law and Venue

These Terms and all non-arbitrable disputes are governed by the "Law of the Spirit and Laws for the Equity", (that are available from the My Global Mobile, PMA, upon written request), without regard to conflict-of-law principles, except that the Federal Arbitration Act explicitly does not govern the arbitration agreement. Arbitration will take place, in the Private, (a) in the accordance with the "Law of the Spirit and Laws for the Equity", (b) overseen by the (i) People's Arbitration Association or (ii) other Arbitrator/Arbitration Association, chosen, (a') by the Director of My Global Mobile, PMA, (b) in the event that the People's Arbitration Association is not (i) functioning or (ii) accepting any new disputes and/or claims. Regardless, the Arbitrator chosen by the Director of MGM, shall explicitly have the "exclusive and sole" discretion for the determination of the arbitrability of any given dispute or claim.

In the event that My Global Mobile. PMA, cannot find a satisfactory, private arbitrator, the parties may mutually consent to exclusive jurisdiction and venue in the state or federal courts serving Montgomery County, Texas, unless applicable law requires otherwise.

36. Indemnification

To the fullest extent permitted by law, you will defend, indemnify, and hold harmless My Global Mobile and its owners, officers, members, employees, contractors, affiliates, licensors, and service providers from claims, losses, liabilities, damages, penalties, judgments, costs, and reasonable attorneys’ fees arising out of or relating to:

• Your use or misuse of the Services;
• Client Materials, data, lists, content, offers, scripts, instructions, products, or services;
• Your violation of these Terms, an Order Document, law, or third-party rights;
• Calls, texts, emails, advertisements, reviews, lead campaigns, or other communications initiated for or by you;
• Your failure to obtain required consent, provide required notice, honor an opt-out, or maintain required records;
• Claims made by your customers, prospects, employees, contractors, patients, users, or business partners; or
• Your fraud, negligence, willful misconduct, or unlawful activity.

We may control the defense of an indemnified claim, and you agree to reasonably cooperate. You may not settle a claim in a manner that imposes liability, admission, obligation, or restriction on us without our written consent.

37. General Provisions

A. Electronic communications and signatures

You consent to receive agreements, notices, invoices, disclosures, records, and other communications electronically. Electronic acceptance, typed names, checkbox acceptance, digital signatures, and electronic records may satisfy legal signature and writing requirements to the extent permitted by law.

B. Force majeure

Neither party is liable for delay or failure caused by events beyond reasonable control, including natural disasters, severe weather, fire, flood, epidemic, war, terrorism, civil unrest, labor disputes, government action, utility failure, Internet failure, cyberattack, carrier outage, platform outage, provider failure, supply interruption, or changes in law.

C. Independent contractors

The parties are independent contractors. These Terms do not create a partnership, joint venture, franchise, employment, fiduciary, or agency relationship.

D. Assignment

You may not assign or transfer these Terms or an Order Document without our prior written consent. We may assign them in connection with a merger, acquisition, sale of assets, financing, reorganization, affiliate transfer, or similar transaction.

E. Waiver

Failure to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific circumstance stated.

F. Severability

If a provision is held invalid or unenforceable, it will be limited or modified to the minimum extent necessary, and the remaining provisions will remain in effect. The arbitrators (a) chosen by the director of MGM, (b) have the "exclusive and sole" discretion for the determination of the severability of "any and all" of the "terms, conditions and/or provisions of these Terms and Conditions.

G. Entire agreement

These Terms, the Privacy Policy, and the applicable Order Documents along with that terms shown here (https://myglobalmobile.com/terms-conditions-privacy-policy-and-disclaimers.html) constitute the entire agreement concerning their subject matter and replace prior or contemporaneous discussions, representations, and understandings concerning that subject matter.

H. Survival

Payment obligations, intellectual property rights, confidentiality, disclaimers, limitations of liability, indemnification, dispute resolution, and provisions that by their nature should survive will remain effective after termination.

I. Export and sanctions compliance

You may not use, export, re-export, transfer, or provide the Services in violation of U.S. export controls, sanctions, or trade restrictions. You represent that you are not prohibited from receiving the Services under applicable law.

J. Headings

Headings are for convenience only and do not affect interpretation.

38. Changes to These Terms

We may update these Terms to reflect changes in our Services, technology, providers, business practices, risk, or law.

Updated Terms will be posted with a revised “Last Updated” date. Material changes may also be communicated through the website, email, account notice, checkout page, or another reasonable method.

Changes apply prospectively unless otherwise permitted by law. Continued use after the effective date of updated Terms constitutes acceptance of the updated Terms.

39. Contact Information and Legal Notices

Legal notices should clearly identify the sender, applicable account or transaction, nature of the issue, requested resolution, and supporting information.