DATA PROCESSING AGREEMENT (DPA)

Effective Date: October 1st, 2025
Managing Entity: Rev Marketing 2U, Inc.
Mailing Address: P.O. Box 1670, Amherst, Virginia 24521

This Data Processing Agreement (“DPA”) is incorporated into and subject to the Terms of Service of Rev Marketing 2U, Inc. (“Company,” “Processor,” “we,” “us”) and applies to the extent that we process Personal Data on behalf of our clients (“Client(s),” “Controller(s),” “you,” “your”) through the RevConnect360 platform and related services.

1. Definitions

  • “Personal Data” means any information relating to an identified or identifiable natural person.
  • “Processing” means any operation performed on Personal Data, such as collection, storage, transmission, or deletion.
  • “Controller” means the entity that determines the purposes and means of Processing Personal Data (the Client).
  • “Processor” means the entity that processes Personal Data on behalf of the Controller (Rev Marketing 2U, Inc.).
  • “Sub-Processor” means any third party engaged by the Processor to process Personal Data.
  • “Applicable Laws” means all data protection laws, including the GDPR, UK GDPR, CCPA/CPRA, and other relevant privacy laws.

2. Roles of the Parties

  • Client is the Controller of Personal Data.
  • Rev Marketing 2U, Inc. is the Processor, processing data on behalf of Client only as necessary to provide the Services.

3. Subject Matter & Duration

  • Subject matter: The processing of Personal Data in connection with the RevConnect360 SaaS platform and related services.
  • Duration: For the term of the Client’s agreement with Company, and until all Personal Data has been returned or deleted in accordance with Section 11.

4. Nature & Purpose of Processing

Processor shall process Personal Data only as necessary to:

  • Provide the CRM, automation, AI Employee, and marketing services of RevConnect360.
  • Carry out billing, account management, and technical support.
  • Ensure security, monitoring, and fraud prevention.
  • Comply with legal obligations.

5. Categories of Data Subjects & Data Types

  • Data Subjects: Client’s customers, leads, prospects, employees, contractors, and other end users.
  • Data Types: Names, emails, phone numbers, addresses, demographic data, communications, and other information submitted into the platform.

6. Controller Instructions

Processor will only process Personal Data in accordance with:

  • Documented instructions from Controller, including via the SaaS platform.
  • Applicable laws.
    Processor will immediately notify Controller if it believes instructions are unlawful.

7. Confidentiality

Processor shall ensure that persons authorized to process Personal Data are subject to strict confidentiality obligations.

8. Security Measures

Processor will implement appropriate technical and organizational measures to protect Personal Data, including:

  • Encryption in transit and at rest (where applicable).
  • Access controls and authentication.
  • Regular monitoring and testing of security systems.
  • Incident response procedures.

9. Sub-Processors

  • Processor may engage Sub-Processors (e.g., hosting providers, analytics tools, SMS/email gateways) to support delivery of services.
  • A current list of Sub-Processors is available upon request.
  • Processor shall ensure Sub-Processors are bound by written agreements providing at least the same level of protection.
  • Client will be notified of new Sub-Processors in advance and may object on reasonable grounds.

10. Acceptance of Disclaimer

10. Data Subject Rights

11. Data Retention & Deletion

  • Upon termination of services, Processor shall, at Controller’s choice, delete or return all Personal Data, unless storage is required by law.
  • Backup copies may remain in secure archives for up to [insert retention period, e.g., 90 days], after which they will be permanently deleted.

12. International Transfers

If Personal Data is transferred outside the country of origin:

  • Processor shall ensure appropriate safeguards, such as Standard Contractual Clauses (SCCs) or other lawful mechanisms, are in place.

13. Audits & Certifications

  • Processor shall make available documentation necessary to demonstrate compliance with this DPA.
  • Controller may request audits, subject to reasonable notice and limits on frequency.

14. Data Breach Notification

Processor will notify Controller without undue delay after becoming aware of a Personal Data Breach. Notification will include:

  • The nature of the breach.
  • Likely consequences.
  • Measures taken or proposed to address the breach.

15. Liability & Indemnification

Each party shall be responsible for damages arising from its own violations of data protection obligations. Controller shall indemnify Processor against claims arising from Client’s failure to comply with applicable data protection laws.

16. Governing Law & Venue

This DPA is governed by the same law and jurisdiction as the underlying Terms of Service (Commonwealth of Virginia, USA).

17. Order of Precedence

In the event of conflict between this DPA and the Terms of Service, the provisions of this DPA shall prevail to the extent of such conflict.

18. Contact Information

Questions or requests regarding this DPA should be directed to:
Rev Marketing 2U, Inc.
P.O. Box 1670
Amherst, VA 24521

Table of Contents

  1. Introduction
  2. Use of Our Services
  3. User Accounts
  4. Purchases and Payments
  5. Intellectual Property Rights
  6. Disclaimers and Limitation of Liability
  7. Indemnification
  8. Termination of Use
  9. Contractual Agreement Notices
  10. Governing Law
  11. Miscellaneous

1. Introduction

Acceptance of Terms

Welcome to Rev Marketing 2 U, Inc. ("Rev Marketing 2 U, Inc.", "we", "us", or "our"). By accessing or using our websites, products, or services (collectively, the "Services"), you agree to comply with and be legally bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

Definitions

  • "Site": Any website operated by Rev Marketing 2 U, Inc., including microsites and company-owned websites.
  • "Services": All products and services offered by Rev Marketing 2 U, Inc., including website design, marketing consulting, directory listings, digital coupons, and more.
  • "User", "You", or "Visitor": Any individual or entity accessing or using our Services.
  • "Merchant": Third-party businesses offering goods or services through our Site.

2. Use of Our Services

Permitted Uses

You may use our Services for lawful purposes and in accordance with these Terms. Permitted uses include:

  • Purchasing products or services for personal use or as a gift if you are at least 18 years old.
  • Subscribing to our blog or email updates, with the option to unsubscribe at any time.
  • Leaving testimonials and reviews, which may be used by us for marketing purposes.
  • Registering your business for approval on our platforms.

User Responsibilities

By using our Services, you agree that:

  • You are at least 18 years old and have the legal capacity to enter into a binding agreement.
  • All information you provide is accurate, current, and complete.
  • You will safeguard your password and are responsible for all activities under your account.
  • You will comply with all applicable laws and these Terms.

Prohibited Activities

You agree not to engage in activities that:

  • Violate any laws or regulations.
  • Infringe upon the rights of others.
  • Interfere with or disrupt the Services.
  • Use automated systems to access the Site without our permission.
  • Attempt to gain unauthorized access to our systems.
  • Copy or distribute any part of the Site without our express written consent.

3. User Accounts

Account Creation

To access certain features, you may need to create an account. You must provide accurate and complete information and update it as necessary.

Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

Account Termination

We reserve the right to suspend or terminate your account at our discretion, without notice, for any violation of these Terms.

4. Purchases and Payments

Terms of Sale

All purchases made through our Site are subject to these Terms and any additional terms presented during the purchase process.

Payment Terms

  • Payments must be made using approved methods.
  • If you finance the purchase of a website or service, you agree to the payment schedule outlined in your contractual agreement.
  • Failure to make payments may result in additional fees or termination of Services.

Refund Policy

We have a No Refund Policy on all goods, products, and services. By making a purchase, you acknowledge and agree to this policy.

5. Intellectual Property Rights

Ownership

All content on the Site, including text, graphics, logos, and software, is the property of Rev Marketing 2 U, Inc. or our licensors and is protected by intellectual property laws.

License Grant

By submitting content to us, you grant Rev Marketing 2 U, Inc. a non-exclusive, royalty-free, perpetual, worldwide license to use, reproduce, and display your content for the purposes of operating and promoting our Services.

You may not use any of our trademarks, logos, or proprietary information without our express written consent.

6. Disclaimers and Limitation of Liability

Disclaimer of Warranties

Our Services are provided "as is" without warranties of any kind, either express or implied. We do not guarantee that the Services will be uninterrupted or error-free.

Limitation of Liability

Rev Marketing 2 U, Inc. shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to your use of the Services.

7. Indemnification

You agree to indemnify and hold harmless Rev Marketing 2 U, Inc., its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses arising from your use of the Services or violation of these Terms.

8. Termination of Use

We may terminate or suspend your access to the Services at any time, with or without cause or notice, effective immediately.

9. Contractual Agreement Notices

Billing and Collection Process

  • Billing: We may utilize third-party billing companies to manage payments.
  • Payments: You agree to adhere to the payment schedule in your contractual agreement.
  • Collection: Failure to make payments may result in collection efforts, including legal action.

Late Fees and Charges

  • Late Fee: A late charge of $25 or 5% (whichever is greater) may be assessed if any installment is more than ten (10) days past due.
  • Returned Payments: A $21 fee will be charged for any returned or declined payments.

Website Warranty

All websites include a 30-day warranty from the launch date, covering issues not caused by the client. Client-requested changes are not covered under this warranty.

Maintenance Agreements

1. Scope of Maintenance for Managed (Leased) Sites:

Clients with managed, leased, or financed website platforms receive basic maintenance as part of their service package. This includes general upkeep to ensure the functionality and stability of the website. However, the scope of included maintenance is limited to what is necessary for the platform's operation and does not extend to advanced enhancements, specialized customizations, or detailed client-requested modifications unless otherwise agreed upon in a separate maintenance package.

2. Maintenance Services for Paid-in-Full Sites:

For clients who have purchased their website in full, maintenance is not included by default. Clients may request a maintenance service package, which will incur additional charges based on the scope of required services. Maintenance packages can include, but are not limited to, updates to site infrastructure, security patches, and performance optimizations.

3. Acknowledgment and Agreement by the Client:

By engaging Rev Marketing for website services, I, as the buyer and client, acknowledge and accept that:

  • Updates related to broken plugins, bug fixes, wireframes, server updates, SEO enhancements, security measures, and other necessary changes are solely managed by Rev Marketing at its discretion and without prior notice.
  • Due to the technical nature and complexity of maintenance tasks, Rev Marketing is not obligated to provide notifications for every adjustment unless the change involves:
    • A modification of an offer, service, or image on the website.
    • A major update to the website platform, framework, or Bootstrap system required due to performance, ranking, SEO, or compliance factors.

4. Trust in Rev Marketing’s Expertise:

The client understands and entrusts Rev Marketing to proactively manage, maintain, and optimize the website without requiring prior approval for routine adjustments. This includes improvements made in response to evolving SEO standards, industry best practices, website security requirements, and performance enhancements that ensure the continued functionality of the platform.

5. Upgrading to a Maintenance Package:

For clients seeking detailed maintenance records, prioritized updates, enhanced SEO tracking, or additional custom services, Rev Marketing offers optional maintenance packages at an additional cost. These packages can be tailored based on the client's needs and may include:

  • Routine SEO audits and adjustments
  • Bug fixes and troubleshooting beyond standard maintenance
  • Customization and design modifications
  • Dedicated support for plugin and security updates
  • Enhanced server performance monitoring and optimization

Clients who wish to upgrade their maintenance service can contact Rev Marketing for available package options and pricing.

No Refund Policy

All sales are final. There are no refunds on any payments made, whether paid in full or installments.

Auto Renewals

All auto-renewed agreements (including any related addendums) may require periodic updates to align with industry standards and evolving technologies. These updates may involve website platforms, marketing materials, servers, plugins, code, SMS messaging, or other similar components. Rev Marketing will endeavor to inform you of any necessary updates. If you do not respond, you consent to Rev Marketing proceeding with these updates. Upon completion, Rev Marketing will contact you to review all changes. You may request modifications, which may be subject to additional charges if they fall outside the scope of your current agreement. Any such fees will be quoted for your approval before work commences.

Renewal Obligations

If your agreement auto-renews and you have not requested cancellation, you agree to fulfill the renewed term and its financial obligations, whether on a monthly basis or in full. You further agree not to harass or attempt to coerce Rev Marketing to terminate the agreement prematurely. Rev Marketing reserves the right to charge its prevailing hourly rate for addressing any such attempts

Client Responsibilities

  • Provide necessary content and offers for Services.
  • Accept responsibility for the legality and appropriateness of content provided.
  • Abide by all terms outlined in your contractual agreement.

Marketing Authorization

By entering into a contractual agreement, you authorize us to manage your marketing and advertising as specified.

Purchase of Goods and Services

By making a purchase or signing an agreement, you acknowledge that you have read, understood, and agree to these Terms and any additional terms.

Change Order Requests and Support

All requests for changes or support must be submitted via our official change order or support ticket system. Fees may apply.

Social Media Marketing

Social media accounts set up by us remain our property unless otherwise specified. Upon contract fulfillment, accounts may be transferred as agreed.

Marketing Guarantee

We do not guarantee specific results, such as website traffic or lead generation. Marketing effectiveness depends on various factors, including budget and market conditions.

10. Governing Law

These Terms are governed by the laws of the Commonwealth of Virginia, without regard to its conflict of law provisions.

11. Miscellaneous

Changes to Terms

We reserve the right to modify these Terms at any time. Changes will be effective upon posting to the Site. Continued use of the Services signifies acceptance of updated Terms.

Notices

All notices or communications required under these Terms should be sent in writing via email pertaining to the said agreement and/or sent via mail to:

P. O. Box 1670
Amherst, Virginia 24521

Contact Information

For any questions or concerns regarding these Terms, please contact us at:

Rev Marketing 2 U, Inc.
P. O. Box 1670
Amherst, Virginia 24521