Common use of Text Messaging Terms and Conditions Clause in Contracts

Text Messaging Terms and Conditions. (a) Kerauno Launch offers a mechanism for Persons to opt-out of receiving Text Messages from Customer. Customer represents and warrants that it shall include opt-out capabilities in each Message if required by Law, and Customer accepts sole responsibility for making that `determination. If a message is sent between the hours 9 p.m. and 8 a.m. the Customer agrees to add a statement that the text message is informational and not Telemarketing. If a Subscriber sends an explicit and unambiguous opt-out request directly to the Kerauno Launch Platform by a Subscriber originated Text Message via mobile handset origination, then KSG will confirm the opt-out with one subsequent message, or otherwise as in accordance with Law. Unless requested by Customer and required by Law, KSG will not send an opt-out confirmation in respect of any other Subscriber opt-out request (e.g. an ambiguous Text Message, or an opt-out request initiated online, via the web, by voice call, or letter addressed to a street address); Customer accepts sole responsibility for determining whether such confirmation is required by Law and for instructing KSG to send out such messages if so required, (b) KSG uses all commercially reasonable efforts to ensure the accuracy of its List Profile Report service; but all such data is provided by the Providers. To that end, KSG makes no representation or warranty of any kind regarding the accuracy of such data returned from the List Profile Report service. Notwithstanding KSG’s efforts, Customer acknowledges and agrees that it is solely responsible for ensuring the propriety of using the Recipient Numbers provided to KSG, (c) Short Codes are required for Customer Messages. For Dedicated Short Codes, KSG may require up to 12 weeks, depending on the Provider, to provision the Short Code for a Customer. Delays may occur if Customer does not respond quickly to requests such as for information and for payment. The applicable timeframe is also dependent upon the responsiveness of the Providers, and KSG will not be held liable for such provisioning delays from specific Providers or Customers, or for reasons outside of KSG’s control, (d) Random Short Codes provisioned for use, or other forms of Shared Shortcodes, are owned exclusively by KSG and may be shared among multiple KSG customers. At Customer’s own expense, and for its own use, Customer may lease a Random Short Code, or purchase a Vanity Short Code. At all times a Short Code is active, Customer will be billed for all inbound Text Messages received, as well any responses to these inbound Text Messages, (e) Long Code Numbers, which are ten (10) digit telephone numbers in the Kerauno Launch application, are owned and maintained exclusively by KSG, and as such are not portable to any other telephony service.

Text Messaging Terms and Conditions. (a) Kerauno Launch offers a mechanism for Persons to opt-out of receiving Text Messages from Customer. Customer represents and warrants that it shall include opt-out capabilities in each Message if required by Law, and Customer accepts sole responsibility for making that `determination. If a message is sent between the hours 9 p.m. and 8 a.m. the Customer agrees to add a statement that the text message is informational and not Telemarketing. If a Subscriber sends an explicit and unambiguous opt-out request directly to the Kerauno Launch Platform by a Subscriber originated Text Message via mobile handset origination, then KSG will confirm the opt-out with one subsequent message, or otherwise as in accordance with Law. Unless requested by Customer and required by Law, KSG will not send an opt-out confirmation in respect of any other Subscriber opt-out request (e.g. an ambiguous Text Message, or an opt-out request initiated online, via the web, by voice call, or letter addressed to a street address); Customer accepts sole responsibility for determining whether such confirmation is required by Law and for instructing KSG to send out such messages if so required, (b) KSG uses all commercially reasonable efforts to ensure the accuracy of its List Profile Report service; but all such data is provided by the Providers. To that end, KSG makes no representation or warranty of any kind regarding the accuracy of such data returned from the List Profile Report service. Notwithstanding KSG’s efforts, Customer acknowledges and agrees that it is solely responsible for ensuring the propriety of using the Recipient Numbers provided to KSG, (c) Short Codes are required for Customer Messages. For Dedicated Short Codes, KSG may require up to 12 weeks, depending on the Provider, to provision the Short Code for a Customer. Delays may occur if Customer does not respond quickly to requests such as for information and for payment. The applicable timeframe is also dependent upon the responsiveness of the Providers, and KSG will not be held liable for such provisioning delays from specific Providers or Customers, or for reasons outside of KSG’s control, (d) Random Short Codes provisioned for use, or other forms of Shared Shortcodes, are owned exclusively by KSG and may be shared among multiple KSG customers. At Customer’s own expense, and for its own use, Customer may lease a Random Short Code, or purchase a Vanity Short Code. At all times a Short Code is active, Customer will be billed for all inbound Text Messages received, as well any responses to these inbound Text Messages, (e) Long Code Numbers, which are ten (10) digit telephone numbers in the Kerauno Launch application, are owned and maintained exclusively by KSG, and as such are not portable to any other telephony service.,