Terms of Service

Last Updated: April 10, 2025

1. Introduction

Welcome to Mobill. These Terms of Service ("Terms") govern your use of the Mobill mobile advertising platform, website, and all related services (collectively, the "Service") operated by Mobill Inc. ("Mobill," "we," "us," or "our").

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of the Terms, you may not access the Service.

2. Service Description

Mobill operates a geolocalized mobile advertising network that transforms vehicles into dynamic billboards. Our platform enables businesses to deliver targeted, real-time ads based on location, traffic density, and time of day. We connect advertisers with drivers who display advertisements on LED screens installed inside vehicle windows.

3. User Accounts

3.1 Account Registration

To use certain features of the Service, you may need to create an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security.

3.3 Account Termination

We reserve the right to suspend or terminate your account at our sole discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason.

4. Advertiser Terms

4.1 Campaign Creation and Management

As an advertiser, you are responsible for creating, managing, and funding your advertising campaigns. You agree to comply with our campaign guidelines, which may be updated from time to time.

4.2 Content Requirements

All advertising content must comply with our Content Guidelines. You represent and warrant that your advertisements:

• Do not infringe on intellectual property rights of any third party
• Do not contain offensive, illegal, or prohibited content
• Comply with all applicable laws and regulations
• Do not promote illegal products, services, or activities
• Are not misleading, deceptive, or fraudulent

4.3 Payment Terms

You agree to pay all fees associated with your advertising campaigns. Pricing is based on our dynamic pricing model, which considers factors such as location quality, traffic density, time of day, and other variables.

All payments are processed securely through our designated payment processors. We reserve the right to change our pricing structure with reasonable notice.

4.4 Analytics and Reporting

We provide analytics and reporting tools to help you measure the performance of your campaigns. While we strive for accuracy, we cannot guarantee the absolute precision of these metrics.

5. Driver Terms

5.1 Eligibility Requirements

To participate as a driver, you must:

• Be at least 21 years old
• Have a valid driver's license with at least 1 year of driving experience
• Own or operate a vehicle that meets our requirements (2008 or newer, four doors, good condition)
• Have valid auto insurance meeting your state's minimum requirements
• Have a clean driving record with no major violations in the past 3 years
• Own a compatible smartphone (iOS 13+ or Android 8+)

5.2 Display Installation and Maintenance

We will provide the display equipment free of charge. You are responsible for:

• Installing the display according to our instructions
• Maintaining the display in good working condition
• Reporting any malfunctions or damage promptly
• Returning the display upon termination of your participation

5.3 Compensation

Driver compensation is calculated based on active display time, location, traffic conditions, and other factors outlined in our Driver Compensation Policy. Payments are processed weekly for the previous week's activity. We reserve the right to modify our compensation structure with reasonable notice.

5.4 Driver Conduct

As a driver, you agree to:

• Obey all traffic laws and regulations
• Drive safely and responsibly at all times
• Not tamper with or modify the display equipment
• Not attempt to manipulate the system or fraudulently increase earnings
• Maintain your vehicle in safe, clean, and good operating condition

6. Intellectual Property

6.1 Our Intellectual Property

The Service and its original content, features, and functionality are owned by Mobill and are protected by international copyright, trademark, patent, trade secret, and other intellectual property laws. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

6.2 Advertiser Content

Advertisers retain all ownership rights to their content. By uploading content to our platform, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and display such content for the purpose of providing and promoting the Service.

6.3 Feedback

If you provide us with feedback about the Service, you grant us the right to use that feedback without restriction and without compensation to you.

7. Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any laws
• Attempting to interfere with, compromise, or disrupt the Service
• Attempting to gain unauthorized access to the Service or related systems
• Circumventing, disabling, or otherwise interfering with security features
• Engaging in unauthorized data collection from the Service
• Using the Service to transmit malware, viruses, or other malicious code
• Impersonating another person or misrepresenting your affiliation
• Engaging in any automated use of the system
• Attempting to harm or exploit minors
• Using the Service in a manner inconsistent with these Terms

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOBILL, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE;
• ANY CONTENT OBTAINED FROM THE SERVICE; AND
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

9. Disclaimer of Warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

MOBILL MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

10. Indemnification

You agree to defend, indemnify, and hold harmless Mobill, its parent company, officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your user content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

11. Third-Party Links and Services

The Service may contain links to third-party websites or services that are not owned or controlled by Mobill. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Mobill shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.

12. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will immediately cease.

13. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14. Dispute Resolution

Any dispute arising from or relating to these Terms or your use of the Service shall be finally settled by binding arbitration, on an individual basis, in accordance with the American Arbitration Association's rules. The arbitration will be conducted in San Francisco, California, unless you and Mobill agree otherwise. Each party will be responsible for paying any filing, administrative, and arbitrator fees in accordance with the rules of the arbitrator.

14.1 Waiver of Class Actions

ANY CLAIMS BROUGHT BY YOU OR MOBILL MUST BE BROUGHT IN THE PARTY'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

14.2 Small Claims Exception

Notwithstanding the foregoing, you may bring an individual action in small claims court in your county of residence if the claim is within that court's jurisdiction.

15. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. We will provide notice of any material changes through the Service or by other means. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

16. Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

17. Entire Agreement

These Terms, together with the Privacy Policy and any other legal notices published by Mobill on the Service, shall constitute the entire agreement between you and Mobill concerning the Service.