withText - SMS Marketing Made Simple

TERMS OF USE

The terms and conditions on this page apply equally to both users of the standard WithText service and developers using Application Programming Interface ("API").

PLEASE READ THESE TERMS OF USE CAREFULLY. CHANGES MAY HAVE BEEN MADE SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS SERVICE (ALSO REFERRED TO AS "WEBSITE"), WHETHER THROUGH OUR WEBSITE OR THROUGH AN API, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DISCONTINUE USE OF THIS SERVICE IMMEDIATELY. YOU AGREE TO INCORPORATE THESE POLICIES INTO YOUR OWN PRODUCTS THAT MAY BE DERIVED FROM WITHTEXT SERVICES AND POLICIES RELATING THERETO AND ENSURE THAT YOUR CUSTOMERS ADHERE TO THESE TERMS.

WithText reserves the right, at its sole discretion, to modify or change these Terms of Use at any time without prior notice by posting them to WithText's website. You must visit this page to review the current Terms of Use on a regular basis. Your continued use of the service following any changes to the Terms of Use constitutes your full acceptance of those changes.

WithText provides businesses and organizations with a variety of tools to collect names, phone numbers, instant message screen names, and email addresses on a 100% opt-in basis. WithText's service may NOT be used for sending any unsolicited messages (sometimes called "spam") under any circumstances. You agree to the privacy and anti-spam policies described in this document and agree to enforce anyone using your account to adhere to permission-based marketing practices respecting the privacy and anti-spam policies described on this page and as required by law. You agree to take full responsibility and accept legal consequences of any action taken by anyone using your account.

WithText will not use your database or any other private information stored in your account for any purpose other than those intended with or to preserve legal compliance of the service.

Participating carriers: AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, NTelos, Cricket, Cincinnati Bell Wireless, Nextel & Virgin Mobile.

Privacy and Anti-SPAM Policies

WithText has a no-tolerance SPAM policy. Although WithText does not assume the duty or obligation to monitor any messages created, posted, or sent by you or any third parties, WithText reserves the right, in its sole and absolute discretion, to monitor any and all messages created or sent by you or any third parties at any time without prior notice to ensure that they conform to any usage guidelines or policies relating to our Website or Services.

Any WithText user found to be sending SPAM or any other message reasonably believed by WithText to be in violation of these Terms of Use or other applicable law will be immediately suspended without refund from further use of the service without notice. Evading WithText's monitoring system or the delivery of undetected SPAM messages through the system violates these Terms of Use. If you know of or suspect any violators, please notify us immediately via http://www.withtext.com/contactus.

Every outgoing email and instant message via the WithText service must contain a mandatory unsubscribe link that allows the recipient to remove themselves from your distribution list(s). In the case of mobile messages, all messages must conform to the then-current Best Practices Guidelines published by the Mobile Marketing Association (currently available at http://www.mmaglobal.com/policies/consumer-best-practices), which you agree to review before using WithText’s service. For example, and without limitation, every outgoing email must contain a mandatory unsubscribe option, and recipients of SMS messages should be provided with "STOP" instructions. If WithText learns that an unsubscribe link is removed or de-activated in any way, or if the SMS STOP verbiage is omitted, WithText will suspend the customer's account without notice.

The following discussion (ending at the "Warranty Disclaimer" section) is meant to introduce you to the concepts of SPAM and the general contours of a responsible, consent-based campaign. It is illustrative only and is not intended to be an exclusive source of your duties in complying with all applicable laws and regulations relating to your use of WithText’s service. In the event of any conflict between the discussions below and any law or regulation, you are to follow the applicable law or regulation.

· What is SPAM? Spam is any type of unsolicited message. You should not assume a preexisting relationship to be a substitute for explicit permission to send messages. For example: if your customer disclosed a mobile number in the normal course of business but did not specifically give you permission to receive your message, you cannot send messages to the number. Before using WithText’s service, you agree to review and abide by the following list of resources, as they may be amended over time:

· TCPA

· CAN-SPAM Act

· MMA

· CTIA

· What constitutes consent? The recipient of your messages has been clearly and fully notified of the collection and use of his or her contact information and has consented as required by law, prior to receiving your calls or messages. You will have to obtain consent from the recipient of your messages, even if you previously had a business relationship with the recipient. If any person purchased a product or service from you or partakes in an event, meeting, conference, or general gathering, or if a person "Likes" or "Follows" your business on Facebook or Twitter, that person does not adequately consent to receiving messages from you. If you require people to confirm their opt-in to your system, but have not received a response from those people, you do not have sufficient consent and may not send messages to those individuals. Subscribers must also be aware that consent is not a condition of purchase.

· What constitutes prior express written consent? If you are sending text or voice messages for solicitation purposes, then your campaign must meet the "prior express written consent" standard. The revised TCPA rule defines "prior express written consent" as a signed written agreement that clearly and conspicuously discloses to the consumer that:

· By signing the agreement, he or she authorizes the seller to deliver telemarketing messages to a designated phone number using an automatic telephone dialing system and

· The consumer is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.

· The required signature may be obtained in compliance with the E-SIGN Act, including via an e-mail, website form, text message, telephone key press, or voice recording. For more details for the revised TCPA rule, click here: TCPA.

· You agree you will not access or otherwise use ANY third party mailing lists of email addresses, instant message screen names, or phone numbers, or otherwise prepare or distribute unsolicited messages in connection with our service.

· You agree to import, add, edit, access or otherwise use only lists for which all listed parties have opted in to receive correspondence from you ("Permission-Based Lists"). You hereby covenant that you shall not use any other lists in connection with your use of the service. Importing of phone numbers is prohibited without tangible proof of subscribers' prior express written consent to receive solicitation messages, which you shall retain. WithText reserves the right, in its sole and absolute discretion, to deny access to the import feature or require you to comply with a stringent qualification process, to prove the method of opt-in, to provide evidence of opt-in, your legal identity and/or your organization's identity.

· You agree to comply with all local, state and federal regulations and general practices governing your specific content or promotion type. Content affiliated with pornographic or sexually explicit material or alcoholic beverages is prohibited. In particular, alcoholic beverages or entertainment content or promotions targeted to people under 21 years of age may not be sent through WithText's service.

· You will adopt and maintain the Privacy Policy (www.withtext.com, which may be modified by WithText at any time for any reason.

· You consent to all terms set forth in WithText's Import Agreement.

· You agree to identify your organization, product and service accurately and not deceive your recipients in any message with reference to your identity, offering, availability, pricing, benefits, or any other aspects of your communication.

Acceptable Use Policy

WithText may, in its sole discretion, determine whether you are in violation of this Acceptable Use Policy. Its services may be used only for lawful purposes and may not be used for any illegal activities. Using the services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of the services is prohibited.

The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate use of the services. This list is provided by way of example and shall not be considered exhaustive.

· Adversely impacting the availability, reliability, or stability of WithText’s services.

· Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of WithText’s services.

· Attempting to bypass or break any security mechanism on any of the services or using the services in any other manner that poses a security or service risk to WithText, to any user of our services, or to any of our or their respective customers.

· Testing or reverse-engineering the services in order to find limitations, vulnerabilities, or evade filtering capabilities.

· Using the services in any manner that may subject WithText or any third party to liability, damages or danger.

· Using the services in any manner that violates any applicable third party policies or requirements that WithText has communicated to the customer.

· Using the services in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards.

· Engaging in fraud with respect to your account.

· Using your account to engage in fraudulent activity with respect to third parties or otherwise using your account to bypass phone identification systems such as those by classified advertising websites.

· Using any of the WithText property or WithText trademark or copyright other than as expressly permitted in this agreement.

· Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party.

· Engaging in spamming or other unsolicited marketing or other activities that violate anti-spamming laws and regulations. Laws and regulations may include, but not limited to, the CAN SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act.

· Using the services in connection with any unsolicited or harassing messages (commercial or otherwise) including, but not limited to, unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.

· Offering any Emergency Services to users. "Emergency Services" shall mean services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services.

· Promoting or engaging in illegal activities.

· Engaging in activities or transmitting through the services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.

· Harvesting or otherwise collecting information about others, including email addresses or phone numbers without their consent.

· Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call using your account.

· Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.

· Violating or facilitating the violation of any U.S. or foreign law regarding the transmission of technical data or software.

· Interfering with or disrupting networks connected to the services or violating the regulations, policies or procedures of such networks.

· Improperly engaging in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephone network.

· Using the services, or a component of the services, in a manner not authorized by WithText.

Warranty Disclaimer

WITHTEXT PROVIDES ITS SERVICE AND ALL RELATED CONTENT AND MATERIAL ON AN "AS IS" BASIS. WITHTEXT AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, WITHTEXT DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. WITHTEXT DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. ALTHOUGH WITHTEXT SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTIONS, WITHTEXT WILL ATTEMPT TO REROUTE TRAFFIC THROUGH ANOTHER SHARED SHORT CODE IF THE PRIMARY SHORT CODE IS EXPERIENCING TECHNICAL DIFFICULTIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Indemnification

You hereby agree to defend, indemnify and hold harmless WithText and its business or technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys' fees) arising out of or in connection with any claim or action such as (i) any act or omission that, if true, would constitute a breach of this Agreement, (ii) your use of WithText’s service in a manner not authorized by these Terms, and/or in violation of the applicable restrictions herein, and/or applicable law, (iii) any privacy violation or spam alleged to have been committed or sent by you through your use of the service, or (iv) otherwise arises from or relates to your use of the service. In addition, you acknowledge and agree that WithText has the right to seek and recover all of its damages caused by you when you use the service for unlawful purposes, in an unlawful manner, in a manner that violates WithText’s privacy, acceptable use, import, and/or anti-spam policies, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. The terms of this section shall survive the termination of your relationship with WithText.

Termination

You may terminate this Agreement at any time by notifying WithText's Support. Lack of activity in your account does not automatically terminate your account, and you are still liable for service fees until you specifically cancel your account. You understand and agree that WithText will make no refund to you of any fees paid regardless of whether the service may or may not have been used or logged into.

WithText may terminate this Agreement or the service, disable your account or deactivate your account in each case at any time with or without cause, and with or without notice. WithText shall have no liability to you or any third party because of such termination or action. WithText may delete any of your archived data within 30 days after the date of termination. If your account has not been cancelled and is classified as inactive by WithText for at least 180 days, WithText has the right to permanently delete all of your account data with no ability to recover such data at its discretion. You agree to pay any and all applicable fees through the date of WithText’s purging of your data.

Prohibited Content

In addition to and without limiting its Acceptable Use Policy, WithText prohibits the use of the service in any manner that, and by any business, person, or entity that:

· Uses sexual or pornographic content.

· Provides, sells or offers to sell any of the following products/content or services related to the same: pornography or illicitly pornographic sexual products (such as magazines, video, and software), escort services, illegal goods, illegal drugs, illegal drug contraband, pirated computer programs, or instructions on how to assemble or otherwise make bombs or other weapons.

· Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.

· Sends materials, contents, and promotions of items that are not appropriate for children under 18 years of age based on the general practices of your industry or the community that you serve without clearly identifying age limitation for consuming your content.

· Provides, sells or offers products, services or content frequently associated with unsolicited commercial messages (a.k.a. spam). Examples are online and direct pharmaceutical sales (includes health and sexual well-being products, etc.), work at home businesses, credit or finance management (includes credit repair, debt relief offerings, stock and trading tips, etc.), and mortgage finance offers, claim of lost bank accounts or inheritances, and odds making and betting/gambling services (includes poker, casino games, horse and dog racing, college and pro sporting events, etc.).

· Provides material that is grossly offensive including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity, etc. Or posts any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.

· Posts or discloses any personally identifying information or private information about children without their prior express written consent (or their parents' prior express written consent in the case of a minor).

· Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.

· Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.

· Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses including, but not limited to, personal work-at-home offers promoting "get rich quick", "build your wealth" and "financial independence" offerings.

· Engages in any libelous, defamatory, scandalous, threatening, harassing activity.

· Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.

· Provides content including images of authors, artists, photographers or others without the prior express written consent of the content owner.

Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

· The service may only be used for lawful purposes.

· The service will be subject to monthly subscription fees after the initial trial period if the user decides to purchase the service.

· You acknowledge that the use of certain features may not be permissible under the laws of all jurisdictions, and further acknowledge and agree that you have sole legal control, responsibility, and liability for compliance with any such laws.

· You are not allowed to import or incorporate into any contact lists, messages, social campaigns or upload to our servers any of the following information: social security numbers, national insurance numbers, credit cards, passwords, security credentials, or sensitive personal or health information of any kind.

· If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.

· WithText and you agree that this Agreement is a factual and necessary statement of the mutual understanding of the parties, relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement will be honored with any WithText representative. No delay or omission by WithText in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.

· No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind WithText in any respect whatsoever.

· In any action or proceeding with you to enforce WithText’s rights under the Agreement, you agree that WithText will be entitled to recover its costs and attorneys' fees.

· The Agreement shall be governed by the laws of the state of California, without regard to its choice of law or conflict of law’s provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located nearest to Los Angeles, California.

· WithText, at its own discretion and at any time, may immediately disable your access to the service without refund if WithText believes that you have violated any of the policies listed above or anywhere else in this Agreement.

NOTE: Users of the WithText API (by software developers) are equally subject to every aspect of this Terms of Use.

If you have any questions, concerns, or comments about the Terms of Use, you may contact us via http://www.withtext.com/contactus.

Terms below apply to subscribers who sign up for distribution lists managed by users of the WithText service.

Information Collection

Your contact information (belonging to you, the subscriber) is collected by a WithText user on an opt-in basis and can be collected in different ways:

· WithText users can collect your first name, last name, phone number, instant message ("IM") screen name, email address and other custom data when you willingly subscribe to the WithText user's online sign-up page ("OSP"). A verification message will be sent to the email address, mobile phone number, and/or IM screen name that you have provided. You must verify each piece of contact information to begin receiving messages via the listed communication channels. If you do not verify the contact information you have provided on the OSP, you will not receive messages from that channel.

· WithText user can also collect your mobile number when you text the WithText user's mobile keyword to WithText's . Certain SMS text features enable the collection of name, IM screen name, email address, or other customized information by asking you to reply via SMS texts with specific information. NOTE: Message and data rates may apply.

· WithText user may have previously collected your contact information on an opt-in basis outside of the WithText system. The user states that your contact information was collected with your permission and you have consented to receive messages from the user.

Process to Unsubscribe From WithText

All subscribers have the ability to unsubscribe or change their personal subscription settings at any time.

To unsubscribe for:

· Email: Click the ‘Unsubscribe’ link located at the bottom of each email.

· Mobile Text: You can cancel the SMS service at any time. Just text "STOP" to 82222. After sending the SMS message "STOP" to 82222, WithText will reply with an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from WithText.
NOTE: Message and data rates may apply.

If at any time you forget what keywords are supported, just text "HELP" to 82222. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.


You may also call the WithText Unsubscribe Hotline at 1-844-815-2105 to unsubscribe at any time.

If you believe that your contact information was collected by a WithText user without your consent and would like to report spam, pleaseclick here or call 1-844-815-2105. When reporting the offending organization, please include the contact address or number that sent you the spam, the username of the sender, and the message or first few sentences of the message that you consider spam. WithText has a no tolerance spam policy.

NOTE: The WithText service is not intended for children under 13, and WithText does not knowingly collect information from children under the age of 13. Some WithText users may classify and rate their message content for recipients who are 13 years of age or older. Please observe content rating for intended audience before you sign up for any distribution list or mobile keyword.

Your Privacy

WithText may use or disclose information about you, including your personal information, under the following circumstances:

· To provide you with products and services you request.

· To anticipate and resolve problems and conflicts with our products and services.

· For verification and authentication purposes in regards to requests or changes of any personal information or data related.

· For other purposes communicated to you at the time you provide or authorize the use of your information.

· To enforce our Terms of Use and Privacy Policy or other legal agreements.

· To outsource any of the tasks referenced in this Terms of Use and Privacy Policy, such as customer service.

· In response to a subpoena, court order, or other legal process.

· To establish or exercise our legal rights or defend against legal claims.

· To share with a company controlled by, or under common control with WithText for any purpose permitted by our Terms of Use and Privacy Policy.

· When WithText believes such use or disclosure is (a) necessary in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or situations involving potential threats to the physical safety of any person, or (b) required by law.

· In the event of a merger, acquisition, consolidation, divestiture, or bankruptcy of WithText.

As always, message and data rates may apply for any messages sent to you from us and to us from you. You will receive a maximum of 2 messages per week. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. For all questions about the services provided by this short code, you can send an email to support@withtext.com or 1-844-815-2105

Participating carriers: AT&T, Boost Mobile, T-Mobile, Metro PCS, Verizon Wireless, Sprint, U.S. Cellular, NTelos, Cricket, Cincinnati Bell Wireless, Nextel & Virgin Mobile.