SITO Mobile, Ltd.

Single Touch Interactive, Inc.

Messaging Terms & Conditions

Terms of Use; Mobile Messaging Services

"We," "our," "us," and "SITO Mobile" or "SITO" refer to SITO Mobile LTD., and its subsidiaries and affiliates, as well as any other person or entity providing any equipment, applications or content to you from us, or on our behalf.

Please note that your use of our services constitutes your unconditional agreement ("Agreement") to follow and be bound by these Terms and Conditions. We reserve the right to update or modify these Terms and Conditions at any time without prior notice. Your use of our services following any such change constitutes your unconditional agreement to follow and be bound by the Terms and Conditions as changed.

Mobile Messaging Services

SITO Mobile provides messaging delivery services for its customers to mobile device end users. Our messaging programs deliver content to the intended recipients in a manner consistent with generally accepted industry guidelines. As we are a service provider to our customers we must comply with their adopted policies and practices.

General industry standards of conduct adopted by the majority of our customers and conduct standards we have adopted when we administrate a program include:

Opt–In Policy

We and our customers require that the recipients of messaging content Opt-In to receive such messaging content. This process can be through various means including but not limited to message send from a mobile device, point of sale, website interaction, written authorization or other interaction indicating ascent to receive recurring messaging content or a limited scope delivery of content.

After opt-in to a recurring program, a confirmation message is sent to the recipient containing, a Service description, Additional costs (e.g. Msg & Data Rates May Apply and any monthly fees), Frequency of messaging, Customer support information (HELP) and Opt-Out information (STOP)

Opt-Out Policy

A recipient who has opted-in to a program is able at any time to Opt-out and terminate any additional content delivery from that program by following the instructions typically included in the Opt-in confirmation and/or subsequent messaging content received. Sending the Opt-out keyword (STOP) to the short code as instructed will terminate participation and receipt of additional messaging content for that program. Other words or instructions may also apply to terminate participation in a program.

After opt-out to a program, a confirmation message is typically sent to the recipient indicating their participation in the program was terminated and will no longer receive additional messages from the related program.

Other methods of Opt-out may be available for a program including but not limited to a call to Customer Support (HELP), point of sale, website interaction, written authorization or other interaction indicating ascent to receive recurring messaging content or a limited scope delivery of content.

"HELP" – Customer Service and Support

Recipients of messaging content will have received Customer support information (HELP) instructions in their initial confirmation at Opt-In, subsequent messaging or confirmation of Opt-Out. These instructions provide means by which customers may receive assistance to resolve any issues they may have encountered relating to the messaging services provided.

The options may include but are not limited to messaging commands (HELP), phone numbers, URL's, and email addresses that can provide the necessary support to resolve the issue.

A request for HELP will receive program details which include, the Identity of program sponsor (The program name, company name, or brand associated with the campaign), Customer support information which may include a toll-free number, Web address, or e-mail address, a Service description of the program and Opt-out information.

Examples

Example-Opt-In Disclosure: By entering your phone number, you certify that you are the account holder or have account holder's permission to do so. Mobile Alerts are a monthly subscription. There is no additional charge for this service; however Msg & Data rates may apply. You authorize automated marketing messages to be sent to you and you understand that your consent is not required for any purchase. With your subscription, you will receive up to 4 messages per week. You may opt out at any time by texting STOP to [short code]. For help, text HELP to [short code] or call [toll free number]. Mobile Alerts available on AT&T, Cricket, Metro PCS, Sprint, T-Mobile® and Verizon Wireless. Product is not compatible with all cell phone models. The carriers and SITO Mobile are not liable for delayed or undelivered messages. In addition to these terms, your use of this service is bound by the Terms of Use available at [URL]. For more information, see our full Privacy Policy at the Service site: http://sitomobile.com/

Example- Opt-In Confirmation Message: "Thanks for using #ADC! You're signed up for ADC Product Alerts only $x.xx/mo. Up to 2 Msgs/wk. Msg & Data rates may apply. Reply HELP for help, STOP to Cancel"

Example-Content Message: "ADC Product Alerts. Ocean Spray Cranberry Sauce:14oz, Now $.98. Green Giant Valley Fresh Steamers: 12oz, Now $1.48. Reply HELP for Help; STOP to Cancel."

Example-Help Message: "#ADC Product Alerts. $x.xx/mo. Up to 2 Msgs/wk. Msg & Data rates may apply. Call #ADC [toll free number] and press 0 for more Help. Reply STOP to cancel."

Example-Opt-Out Confirmation Message: "ADC Product Alerts. You're out & will not receive additional messages or charges. Reply HELP for Help or call #ADC then 0."

Example-Error Message: "ADC Product Alerts. Sorry we didn't understand your text. Reply HELP for Help or call #ADC then 0. Reply STOP to Cancel."

Information About You

Any information that we collect or generate about you is subject to disclosure in a manner that is consistent with these Terms and Conditions or our Privacy Statement, and you have no expectation of privacy with respect to that information. We may, in our sole discretion, release information that we have about you when required to do so by law or if we reasonably believe that an emergency involving immediate harm to a person or property requires disclosure.

GENERAL

This Agreement represents the complete agreement between the parties and supersedes all prior agreements and representations between them. 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 the other terms of this Agreement shall remain in full force and effect. The failure of us to act with respect to a breach of this Agreement by you or others does not constitute a waiver and shall not limit our rights with respect to such breach or any subsequent breaches. This Agreement shall be governed by and construed under Nevada law. Any action or proceeding arising out of or related to this Agreement or your use of our services must be brought in the state or federal courts of Nevada.

INDEMNIFICATION

You agree to defend, indemnify and hold us harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of our services.

DISCLAIMER

THE SERVICES PROVIDED BY SITO MOBILE ARE ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE INFORMATION OR CONTENT, INCLUDED WITH THE SERVICES TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW. YOU ACKNOWLEDGE, BY YOUR USE OF OUR SERVICES, THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL SINGLETOUCH OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE OUR SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF CONTENT, OR DEVICE FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF SITO MOBILE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.

Contacting Us

Our mobile messaging services provide clear instructions on how to obtain customer service (HELP) or terminate the specific service (STOP), please review the messaging content carefully as it will provide the fastest service. In the event your issues are not resolved by following the instructions provided with the messaging content, you may contact us directly by email at support@sitomobile.com or toll free at 877-784-2777.

#7486 (SITO): By dialing #SITO (#7486) you can receive office locations and contact information, video about SITO, investor relations information, or other exciting events happening at SITO Mobile or you can be connected to a SITO Mobile representative! Airtime, Msg & Data Rates May Apply. Users must be 18 or older to use #SITO service. To opt out at any time, reply 'STOP' from any text message that you have received from the service. Reply HELP for Help or call #SITO then press 0. SITO is available on Verizon Wireless, AT&T, Sprint, T-Mobile® and other local carrier subscribers. Product is not compatible with all cell phone models. The carriers and SITO Mobile are not liable for delayed or undelivered messages. In addition to these terms, your use of this service is bound by the sitomobile.com Terms of Use. For more information, see our full Privacy Policy at: http://sitomobile.com/

SITO Transactional (FTEU): Send the keyword 'SITO' to one of the short codes listed below and find out the latest information regarding SITO Mobile. Free to end user. You will receive up to 3 messages per query. To opt out at any time, reply 'STOP' from any text message that you have received from the service. For help, text 'HELP' to any text message that you have received from the service. Product is not compatible with all cell phone models. The carriers and SITO Mobile are not liable for delayed or undelivered messages. In addition to these terms, your use of this service is bound by the sitomobile.com Terms of Use. For more information, see our full Privacy Policy at: http://sitomobile.com/. This program is available on T-Mobile® on Short Codes '90700' and '96879'.

SITO Transactional (Standard): Send the keyword 'SITO' to one of the short codes listed below and find out the latest information regarding SITO Mobile. Messaging and Data Rates may apply. You will receive up to 2 messages per query. To opt out at any time, reply 'STOP' from any text message that you have received from the service. For help, text 'HELP' to any text message that you have received from the service. Product is not compatible with all cell phone models. The carriers and SITO Mobile are not liable for delayed or undelivered messages. In addition to these terms, your use of this service is bound by the sitomobile.com Terms of Use. For more information, see our full Privacy Policy at: http://sitomobile.com/ This program is available on: Verizon Wireless on Short Codes: '25058', '35789', '37374', '38861' '41820', '45444', '50839', '52101' '90700', '96278' and ‘96879’; ATT on Short Codes: '25058', '35789', '37374', '45444', '52101' '50839' and '96278'; T-Mobile® on Short Codes: '25058', '35789', '37374', '38861', '41820', '45444', '50839', '52101', '60630' and '96278'; Sprint, Appalachian, Cellular South, Chariton Valley, Cincinnati Bell, DTC, Duet, Element Mobile, Epic Touch, Hawkeye, Leaco, Mobi PCS, MTA, Panhandle Telecommunications, Peoples Wireless, Pine Cellular, Pioneer, Plateau Wireless, RINA, SI Wireless, Sprocket Wireless, Union and United Wireless on Short Code '37374'; Cricket on Short Codes: '25058', '35789', '37374' '38861', '41820' '52101' and '96278'; CSpire, U.S. Cellular, MetroPCS, Cincinnati Bell, CellCom and Ntelos on Short Code '37374', '96278' and '96879'; Virgin Mobile and Boost on Short Code '41820', '96278' and '96879'.

SITO Transactional (Standard): Send the keyword 'SITO' to one of the short codes listed below and find out the latest information regarding SITO Mobile. You will receive 1 message per query. To opt out at any time, reply 'STOP' from any text message that you have received from the service. For help, text 'HELP' to any text message that you have received from the service. Product is not compatible with all cell phone models. The carriers and SITO Mobile are not liable for delayed or undelivered messages. In addition to these terms, your use of this service is bound by the sitomobile.com Terms of Use. For more information, see our full Privacy Policy at: http://sitomobile.com/. This program is available on Sprint on Short Codes: '25058', '35789', '50839' and '52101'.

Ironbound Subscription (Standard): Customers that call into #TAXI in the Newark New Jersey area consent to be sent a message allowing them to opt-in to receive automated marketing messages from the Ironbound district, consent not required to purchase. Customers may also send the keyword 'DINE' to short code 60630. You will receive up to 2 messages a week. To opt out at any time, reply 'STOP' to short code 60630. For help, text 'HELP' to short code 60630 or call 877-784-2777. Product is not compatible with all cell phone models. The carriers and SITO Mobile are not liable for delayed or undelivered messages. In addition to these terms, your use of this service is bound by the sitomobile.com Terms of Use. For more information, see our full Privacy Policy at: http://sitomobile.com/.

SITO Transactional (Standard MMS): Send the keyword 'SITOMMS' to short codes 25058 to receive the SITO Mobile logo. You will receive 1 message per request. Msg & Data Rates May Apply. To opt out at any time, reply 'STOP' from any text message that you have received from the service. For help, text 'HELP' to any text message that you have received from the service. Product is not compatible with all cell phone models. The carriers and SITO Mobile are not liable for delayed or undelivered messages. In addition to these terms, your use of this service is bound by the sitomobile.com Terms of Use. For more information, see our full Privacy Policy at: http://sitomobile.com/.This program is available on Verizon Wireless, Sprint and T-Mobile® .

STI NEWS Alerts Transactional (Standard): Send the keyword 'NEWS' to short code 84866 for the latest information regarding SITO Mobile. You authorize automated marketing messages to be sent to you and you understand that your consent is not required for any purchase. You will receive 1 message per query. To opt out at any time, reply 'STOP' from any text message that you have received from the service. For help, text 'HELP' to any text message that you have received from the service. Product is not compatible with all cell phone models. The carriers and SITO Mobile are not liable for delayed or undelivered messages. In addition to these terms, your use of this service is bound by the sitomobile.com Terms of Use. For more information, see our full Privacy Policy at: http://sitomobile.com/. NEWS is available on Verizon Wireless, AT&T, Sprint, T-Mobile® , Cricket, MetroPCS U.S. Cellular and other local carrier subscribers.

SITO NEWS Alerts Transactional (Standard): Send the keyword 'NEWS' to one of the short codes listed below and find out the latest information regarding SITO Mobile. You will receive 1 message per query. To opt out at any time, reply 'STOP' from any text message that you have received from the service. For help, text 'HELP' to any text message that you have received from the service. Product is not compatible with all cell phone models. The carriers and SITO Mobile are not liable for delayed or undelivered messages. In addition to these terms, your use of this service is bound by the sitomobile.com Terms of Use. For more information, see our full Privacy Policy at: http://sitomobile.com/. This program is available on Verizon Wireless, AT&T, Sprint, T-Mobile® , Boost, Virgin Mobile, Metro PCS, Cricket, U.S. Cellular, Cellular South, Cincinnati Bell, and other local carrier subscribers on Short Codes: '52173', '71067', '76619' and '86379'.

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