The terms and conditions on this page apply to both users of iVision Mobile's web-based user interface and anyone using an application programming interface (API) in connection with the iVision Mobile service.
iVision Mobile provides businesses and organizations with a variety of tools to collect names, phone numbers, email addresses, and other information on an opt-in basis. iVision Mobile also provides a tool to help you import subscriber data. However, contact information may be imported only if the subscribers gave full consent to receive a specified type of messaging from your organization. Proof of such specific consent is required as part of the certification process before the import of contact information.
In addition, industry regulations prohibit text-to-win campaigns by shared short code or transmitting undesirable content such as violence, pornography, alcohol, illegal drugs, and other prohibited material described in this document.
iVision Mobile's service may NOT be used for sending any unsolicited messages (commonly known as spam) except for government-sanctioned cases such as financial and healthcare alerts. You agree to the privacy and anti-spam policies described in this document and agree to enforce the indicated permission-based marketing practices with anyone using your account as required by law. You agree to assume full responsibility and accept the legal consequences of any action by anyone using your account.
iVision Mobile reserves the right to suspend or terminate your account at any time, at its sole discretion, and without prior warning or refund if your account activity is reasonably believed to violate any term in this agreement or applicable law. Violation of applicable anti-spam regulation may also cause third-party legal action against you. iVision Mobile also reserves the right to refuse service if iVision Mobile believes that your conduct is harmful to the interests of iVision Mobile and its affiliates. iVision Mobile reserves the sole discretion and right to permanently delete archived data after 90 days.
Permission-Based Subscription Requirements
iVision Mobile has a no-tolerance policy toward spam. Although iVision Mobile does not assume the duty or obligation to monitor messages, iVision Mobile reserves the right, in its sole and absolute discretion, to monitor any and all messages created or sent by you or any third party at any time without prior notice to ensure that they conform to guidelines and policies pertaining to our Website and services.
IMPORTANT for Mobile Keywords: You must include the opt-in disclosure shown below in all of your promotional materials in all media: website, printed material, digital and event promotions, broadcasts, and any other material promoting your mobile keyword. The Telephone Consumer Protection Act (TCPA) and Cellular Telephone Industries Association (CTIA) strictly prohibit omission of this disclosure in whole or in part. Failure to include the following terms may result in suspension of your mobile keyword without warning as well as third-party legal action.
Summary Terms & Conditions: Our mobile text messages are intended for subscribers over the age of [minimum age] and are delivered via U.S. short code [short code]. You may receive up to [message count] message(s) per month for [messaging program or content]. Message and data rates may apply. This service is available to persons with text-capable phones subscribing to AT&T, Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, Unicel, U.S. Cellular®, or Boost. For help, text HELP to [short code], email [support email], or call +1 [support phone number]. You may stop your mobile subscription at any time by text messaging STOP to short code [short code].
Privacy and Anti-Spam Policies
The following terms and information (ending at "Warranty Disclaimer") constitute an introduction to the concept of spam and the general contours of a responsible, permission-based campaign. This general information is not an exclusive source for applicable laws, guidelines, and compliance responsibilities pertaining to your use of iVision Mobile's service. In the event of any conflict between the information below and any law or industry regulation, you are to observe the applicable law or regulation.
The following list gives examples of illegal, abusive, interfering, or otherwise illicit use of the services. This list is provided by way of example and shall not be considered exhaustive:
IVISION MOBILE PROVIDES ITS SERVICE AND ALL RELATED CONTENT ON AN "AS IS" BASIS. IVISION MOBILE AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, IVISION MOBILE DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, IVISION MOBILE DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH IVISION MOBILE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION, IVISION MOBILE WILL ATTEMPT TO REROUTE TRAFFIC THROUGH ANOTHER SHARED SHORT CODE IF THE PRIMARY SHORT CODE IS IMPAIRED.
NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY iVision Mobile, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION.
You agree that iVision Mobile has the right to seek and recover all of its damages caused by you through any use of the service in an unlawful manner, in a manner that violates iVision Mobile's privacy, acceptable use, import, or anti-spam policies, or in a manner inconsistent with the terms of this agreement. You acknowledge that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. You acknowledge and agree that this provision will apply to all services from iVision Mobile and its affiliates whether or not iVision Mobile is notified of any possibility of such damages. The terms of this section shall survive the termination of this agreement regardless of the cause or nature of such termination.
ARBITRATION / MEDIATION:
Any dispute, controversy or claim involving any party arising out of or relating to a mobile campaign (a "Dispute"), shall first be submitted in writing via email or print to email@example.com. If such persons cannot resolve the Dispute within thirty (30) days after notice of a Dispute, either party may submit such Dispute to nonbinding mediation in accordance with the Commercial Mediation Procedures of the American Arbitration Association ("AAA"). Such mediation shall be attended on behalf of each party by a senior business person with authority to resolve the Dispute. Any period of limitations that would otherwise expire between the initiation of a mediation and its conclusion shall be extended until twenty (20) days after the conclusion of the mediation. The costs of mediation shall be shared equally by the parties to the mediation.
Any Dispute that cannot be resolved for any reason by mediation within sixty (60) days of notice by one party to the other of the existence of a Dispute (unless the parties agree in writing to extend that period) shall be finally resolved by arbitration in accordance with the Commercial Arbitration Rules of the AAA ("AAA Rules") and the Federal Arbitration Act, 9 U.S.C. §1 et seq. The arbitration shall be conducted in Los Angeles, California, in front of one (1) independent, impartial and conflicts-free arbitrator (the "Arbitrator"). The arbitration shall be conducted over the course of consecutive business days and weeks.
The Arbitrator shall decide the Dispute in accordance with the substantive law of California. THE ARBITRATOR SHALL NOT AWARD EITHER PARTY NON-COMPENSATORY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, EXCEPT AS MAY BE REQUIRED BY APPLICABLE LAW, UNLESS SUCH PARTY IS SEEKING SUCH TYPE OF DAMAGES ON THE BASIS THAT IT WAS REQUIRED TO PAY SUCH TYPE OF DAMAGES TO A THIRD PARTY. The award of the Arbitrator may be entered in any court of competent jurisdiction.
The costs of the arbitration including the fees and expenses of the Arbitrator and reasonable attorneys' fees and expenses shall be borne by the non-prevailing party and awarded by the Arbitrator in the award. In determining the reasonableness of the attorneys' fees the Arbitrator shall take into account all relevant facts and circumstances, including but not limited to the amount of damages sought and the amount of the award.
You may terminate this agreement at any time by submitting a support ticket through iVision Mobile's user interface. Service may not be cancelled by any other method such as phone, email, or letter.
Lack of activity alone does not automatically terminate your account, and you are responsible for service fees until you expressly cancel your account or until your data has been purged (whichever occurs first). iVision Mobile may delete any of your archived data after 30 days following the date of termination. If your account has not been cancelled and is classified by iVision Mobile as inactive for at least 90 days, iVision Mobile reserves the sole discretion and right to permanently and irrevocably delete all of your account data. In the absence of an explicit cancellation request by support ticket, you agree to pay any and all applicable fees through the date of iVision Mobile's purging of your data. You understand and agree that iVision Mobile will make no refund of any fees whether or not the service has been used.
At any time, with or without notice, iVision Mobile may terminate this agreement or the service or disable your account in whole or in part at iVision Mobile's sole discretion. iVision Mobile shall bear no liability to you or any third party because of any such action.
You hereby acknowledge and agree to the following terms, subject in each case to the terms indicated elsewhere in this agreement.