MarketbySMS.com Terms of Service
These terms apply to any entity, hereafter referred to as “COMPANY” with which MarketbySMS.com, hereafter referred to as “PROVIDER,” has been engaged to provide text message marketing and/or web management services on behalf of COMPANY.
Offers/deals/rewards must be honored by COMPANY as presented on website, tablet or text message, through their posted expiration date.
Exclusive offers must meet all legal requirements regarding advertising, giveaways, promotions, etc. as determined by COMPANY.
COMPANY shall adhere to the conditions of Engagement Agreement, including fees, initial term and cancellation. Cancellations must be received in writing by PROVIDER. After initial contract term, default term will be monthly, auto renewing every 30 days from service start date.
For Subscriber-based plans, COMPANY plan will be upgraded automatically based upon total number of Subscribers. For example, if a Subscriber-based plan has base tier of “up to 500 subscribers,” when COMPANY acquires 501 subscribers, the plan price will be upgraded to the next price-per-month tier.
COMPANY will be charged on the day of change (if additional fees apply) and monthly billing date will commence each month thereafter on that same day.
The Telephone Consumer Protection Act (“TCPA”) and wireless carriers requires each campaign subscriber to be informed that they will be sent advertising to their mobile phone (opt-in message). Each NEW subscriber will be sent this message ONE time and it counts as ONE text message used. You must comply with all aspects of the law including, without limitation, the TCPA when utilizing the text messaging services. Only the COMPANY’S subscribers shall directly enter their wireless number into the Loyalty Kiosk and COMPANY shall not otherwise directly or manually enter a subscriber’s wireless number into the system.
COMPANY will not be charged for incoming messages. COMPANY offers can be scheduled up to 365 days in advance. Minimum 24hr notice for unscheduled text message broadcasts.
Hardware, including Loyalty Tablet, stand and signage is the sole property of the PROVIDER. A replacement fee of up to $249 will be charged to the COMPANY in the event of loss or damage to the tablet.
Due to the sensitive nature of mobile phone information, all campaign subscriber information is the property of PROVIDER, including cell phone numbers, names, email addresses etc. COMPANY may request a report of current subscriber list; approval is subject to regulatory review. Upon termination of service, COMPANY forfeits all subscriber lists. COMPANY shall not collect or broadcast to unsolicited or unauthorized mobile numbers.
COMPANY, at its own expense, will indemnify, defend, and hold harmless PROVIDER, its affiliates, licensors, and each of its respective employees, officers, directors, representatives, and agents from and against all losses, damages, liabilities, settlements, costs and expenses including attorney’s fees arising out of or related to any claim or action by a third party arising out of or relating to COMPANY’s use of the PROVIDER’s service or affiliation with PROVIDER.
PROVIDER reserves the right to from time to time amend, supplement or modify the terms of this agreement. If you do not agree to be bound by or cannot comply with the agreement as amended, your only remedy is to stop using the services. You will be deemed to have accepted this agreement as amended if you continue to use the service.
COMPANY will not utilize PROVIDER services for any activity that is unlawful, false, inaccurate, misleading, harmful, threatening, abusive, harassing, defamatory, invasive of another’s privacy, hateful, or otherwise objectionable.
PROVIDER may, at its sole and absolute discretion, suspend or terminate the provision of any or all advertising services at any time for violation of any of the terms and conditions of use. Unauthorized use of this service may give rise to a claim for damages and/or be a criminal offense.