- All Content is Client’s/Subscriber’s sole responsibility. Client/Subscriber is solely responsible for the integrity and quality of the Content. Client/Subscriber shall be responsible for, and under no circumstances will Provider or its Affiliates or any of their licensors or suppliers be responsible, for any loss, damage or liability arising out of any Content, including any mistakes contained in the Content or the use or subject matter of the Content. Further, Client/Subscriber is responsible for: (i) any Messages that are sent through its accounts (other than if caused by the Service itself or breaches by Provider); (ii) all Fees accruing from the use of the Service through its account, whether by its Affiliates and its and their employees and consultants; and (iii) all actions of its Affiliates, and its and their employees consultants, as if such actions had been conducted by Client/Subscriber .
- Client/Subscriber shall be responsible for procuring any necessary consents or having other legal basis to contact Contacts with respect to the provision of any data transmitted through the Service.
- Client/Subscriber shall use any data it uploads into the Service in accordance with any and all restrictions applicable to such data and all Applicable Laws.
- Client/Subscriber will use and permit its Users to use the Service in accordance with these Terms and all Applicable Laws, including the Telephone Consumer Protection Act, Fair Debt Collections Practices Act, Federal Communications Commission (“FCC”) or Federal Trade Commission (“FTC”) rules or regulations and any and all other Applicable Laws related to pre-recorded telephone and/or text messages and the use of automated dialing equipment.
- Client/Subscriber will include, at the beginning of each Message, its official business or government name. Client/Subscriber will include, at the end of each Message, a telephone number for Client/Subscriber.
- Client/Subscriber will not send any Messages to mobile devices owned by a Contact unless Client/Subscriber has obtained such Contact’s “opt-in” consent to receive, or Client/Subscriber has other legal basis to send such Contact, pre-recorded, telephone and text Messages using automated dialing equipment or otherwise permitted under Applicable Law.
- Client/Subscriber must provide Contacts with a simple mechanism for opting out or unsubscribing from receiving marketing messages, including information on how to “opt-out” or unsubscribe. Provider provides Contacts with multiple means to manage or opt-out from receiving marketing messages. Upon such opt-out request, Provider will stop delivering marketing messages to those Contacts and will inform the Client/Subscriber of all such requests.
- Client/Subscriber will not send Messages to phone numbers that are emergency numbers and/or other numbers that may not be called using automated dialing equipment under Applicable Law.
- Client/Subscriber will not send any Content that it knows or has reason to know: (i) infringes another’s rights in intellectual property; (ii) invades any privacy laws including without limitation another’s right to privacy and/or any privacy policies of Client/Subscriber or any third-party; and/or (iii) justifies a complaint to the FCC and/or FTC.
- Client/Subscriber will not: (i) engage or facilitate any unethical, deceptive or misleading practices in connection with the use of the Service; (ii) use the Service in connection with any telemarketing, solicitations, donations, sales, spamming or any unsolicited messages (commercial or otherwise);