Common use of Text Messaging Terms and Conditions Clause in Contracts

Text Messaging Terms and Conditions. Without limiting any other provision in this Agreement, Xxxxxxxx agrees to the following terms and conditions in this Article. (a) Customer shall be solely responsible for instructing KLaunch to Initiate its desired Messages. The Customer further agrees and acknowledges that KLaunch is not the sender of the Messages Initiated by Customer’s use of KLaunch, (b) Customer represents and warrants that KLaunch will have no liability, and that Customer shall provide and be solely responsible in all respects, for: (i) the Recipient Numbers to which the Messages are to be transmitted, ensuring that Recipient Numbers are the correct Recipient Numbers for the Person, and will have been obtained and used at all times under the Agreement, in compliance with all applicable Laws and do not include (A) emergency lines, including those of any hospital, medical center, health care facility, poison control center, fire protection agency, or law enforcement agency, (B) any number assigned to a paging service, cellular telephone service, or other wireless service, unless appropriate consents have been obtained, or (C) any number to which automated dialing or prerecorded message calls are prohibited under applicable Laws; (ii) establishing and providing the time(s), date(s) and delivery schedule(s) with respect to Messages, ensuring that (A) no Telemarketing Message is transmitted before 8 a.m. or after 9 p.m. local time at the Person’s location, and (B) no Messages, including‌ Telemarketing Messages, are transmitted outside of hours allowable under applicable Laws; and (iii) Customer’s holding contests, sweepstakes or similar events using KLaunch, (c) KLaunch will use commercially reasonable efforts to ensure that KLaunch conveys Customer’s Messages as directed by Xxxxxxxx. KLaunch cannot guarantee that Messages, once sent by KLaunch, will be received, delivered or opened, (d) KLaunch may provide Messages and other data to Providers which may reformat the Message to conform and adapt to Provider requirements and device requirements, (e) Customer shall be solely responsible for compliance with all applicable law, including but not limited to, the TCPA (including the propriety of the Recipient Numbers [including whether mobile numbers are to be called] where the Message is instructed by Customer to be delivered), and (f) Customer further represents and warrants that the Recipient Numbers used by Customer are obtained, and the Messages sent, in compliance with all applicable laws, and Customer shall take all steps necessary to ensure that continued use of the Recipient Numbers in any way contemplated by or agreed upon pursuant to this agreement complies with all applicable laws. KLaunch reserves the right, but has no obligation, to delete or refuse to transmit any message, communication, content, and/or data that, in its opinion, violates any applicable law or industry standard. In such an event, KLaunch will inform the customer of the violation.

Text Messaging Terms and Conditions. Without limiting any other provision in this Agreement, Xxxxxxxx agrees to the following terms and conditions in this Article. (a) Customer shall be solely responsible Kerauno Launch offers a mechanism for instructing KLaunch Persons to Initiate its desired Messagesopt-out of receiving Text Messages from Customer. The Customer further agrees and acknowledges that KLaunch is not the sender of the Messages Initiated by Customer’s use of KLaunch, (b) Customer represents and warrants that KLaunch will have no liabilityit 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 shall provide agrees to add a statement that the text message is informational and be solely responsible 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 all respectsaccordance with Law. Unless requested by Customer and required by Law, for: (i) the Recipient Numbers to which the Messages are to be transmitted, ensuring that Recipient Numbers are the correct Recipient Numbers for the Person, and KSG will have been obtained and used at all times under the Agreement, not send an opt-out confirmation in compliance with all applicable Laws and do not include (A) emergency lines, including those respect of any hospital, medical center, health care facility, poison control center, fire protection agencyother Subscriber opt-out request (e.g. an ambiguous Text Message, or law enforcement agencyan 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, (Bb) any number assigned to a paging service, cellular telephone service, or other wireless service, unless appropriate consents have been obtained, or (C) any number to which automated dialing or prerecorded message calls are prohibited under applicable Laws; (ii) establishing and providing the time(s), date(s) and delivery schedule(s) with respect to Messages, ensuring that (A) no Telemarketing Message is transmitted before 8 a.m. or after 9 p.m. local time at the Person’s location, and (B) no Messages, including‌ Telemarketing Messages, are transmitted outside of hours allowable under applicable Laws; and (iii) Customer’s holding contests, sweepstakes or similar events using KLaunch, (c) KLaunch will use 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 KLaunch conveys 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 Messages as directed by Xxxxxxxx. KLaunch cannot guarantee that Messages, once sent by KLaunch, will be received, delivered or openedcontrol, (d) KLaunch Random Short Codes provisioned for use, or other forms of Shared Shortcodes, are owned exclusively by KSG and may provide 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 and other data received, as well any responses to Providers which may reformat the Message to conform and adapt to Provider requirements and device requirementsthese inbound Text Messages, (e) Customer shall be solely responsible for compliance with all applicable lawLong Code Numbers, including but not limited towhich are ten (10) digit telephone numbers in the Kerauno Launch application, the TCPA (including the propriety of the Recipient Numbers [including whether mobile numbers are to be called] where the Message is instructed owned and maintained exclusively by Customer to be delivered)KSG, and (f) Customer further represents and warrants that the Recipient Numbers used by Customer as such are obtained, and the Messages sent, in compliance with all applicable laws, and Customer shall take all steps necessary not portable to ensure that continued use of the Recipient Numbers in any way contemplated by or agreed upon pursuant to this agreement complies with all applicable laws. KLaunch reserves the right, but has no obligation, to delete or refuse to transmit any message, communication, content, and/or data that, in its opinion, violates any applicable law or industry standard. In such an event, KLaunch will inform the customer of the violationother telephony service.

Text Messaging Terms and Conditions. Without limiting any other provision in this Agreement, Xxxxxxxx agrees to the following terms and conditions in this Article. (a) Customer shall be solely responsible Kerauno Launch offers a mechanism for instructing KLaunch Persons to Initiate its desired Messagesopt-out of receiving Text Messages from Customer. The Customer further agrees and acknowledges that KLaunch is not the sender of the Messages Initiated by Customer’s use of KLaunch, (b) Customer represents and warrants that KLaunch will have no liabilityit shall include opt-out capabilities in each Message if required by Law, and Customer accepts sole responsibility for making that determination. 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 shall provide and be solely responsible required by Law, KSG will not send an opt-out confirmation in all respects, for: (i) the Recipient Numbers to which the Messages are to be transmitted, ensuring that Recipient Numbers are the correct Recipient Numbers for the Person, and will have been obtained and used at all times under the Agreement, in compliance with all applicable Laws and do not include (A) emergency lines, including those respect of any hospital, medical center, health care facility, poison control center, fire protection agencyother Subscriber opt-out request (e.g. an ambiguous Text Message, or law enforcement agencyan 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, (Bb) any number assigned to a paging service, cellular telephone service, or other wireless service, unless appropriate consents have been obtained, or (C) any number to which automated dialing or prerecorded message calls are prohibited under applicable Laws; (ii) establishing and providing the time(s), date(s) and delivery schedule(s) with respect to Messages, ensuring that (A) no Telemarketing Message is transmitted before 8 a.m. or after 9 p.m. local time at the Person’s location, and (B) no Messages, including‌ Telemarketing Messages, are transmitted outside of hours allowable under applicable Laws; and (iii) Customer’s holding contests, sweepstakes or similar events using KLaunch, (c) KLaunch will use 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 KLaunch conveys 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 Messages as directed by Xxxxxxxx. KLaunch cannot guarantee that Messages, once sent by KLaunch, will be received, delivered or openedcontrol, (d) KLaunch Random Short Codes provisioned for use, or other forms of Shared Shortcodes, are owned exclusively by KSG and may provide Messages and other data to Providers which may reformat the Message to conform and adapt to Provider requirements and device requirements, (e) Customer shall be solely responsible for compliance with all applicable law, including but not limited to, the TCPA (including the propriety of the Recipient Numbers [including whether mobile numbers are to be called] where the Message is instructed by Customer to be delivered)shared among multiple KSG customers. At Customer’s own expense, and (f) for its own use, Customer further represents and warrants that the Recipient Numbers used by may lease a Random Short Code, or purchase a Vanity Short Code. At all times a Short Code is active, Customer are obtainedwill be billed for all inbound Text Messages received, and the Messages sent, in compliance with all applicable laws, and Customer shall take all steps necessary as well any responses to ensure that continued use of the Recipient Numbers in any way contemplated by or agreed upon pursuant to this agreement complies with all applicable laws. KLaunch reserves the right, but has no obligation, to delete or refuse to transmit any message, communication, content, and/or data that, in its opinion, violates any applicable law or industry standard. In such an event, KLaunch will inform the customer of the violation.these inbound Text Messages,

Text Messaging Terms and Conditions. Without limiting any other provision in this Agreement, Xxxxxxxx agrees to the following terms and conditions in this Article. (a) Customer shall be solely responsible for instructing KLaunch to Initiate its desired Messages. The Customer further agrees and acknowledges that KLaunch is not the sender of the Messages Initiated by Customer’s use of KLaunch, (b) Customer represents and warrants that KLaunch will have no liability, and that Customer shall provide and be solely responsible in all respects, for: (i) the Recipient Numbers to which the Messages are to be transmitted, ensuring that Recipient Numbers are the correct Recipient Numbers for the Person, and will have been obtained and used at all times under the Agreement, in compliance with all applicable Laws and do not include (A) emergency lines, including those of any hospital, medical center, health care facility, poison control center, fire protection agency, or law enforcement agency, (B) any number assigned to a paging service, cellular telephone service, or other wireless service, unless appropriate consents have been obtained, or (C) any number to which automated dialing or prerecorded message calls are prohibited under applicable Laws; (ii) establishing and providing the time(s), date(s) and delivery schedule(s) with respect to Messages, ensuring that (A) no Telemarketing Message is transmitted before 8 a.m. or after 9 p.m. local time at the Person’s location, and (B) no Messages, including‌ including Telemarketing Messages, are transmitted outside of hours allowable under applicable Laws; and (iii) Customer’s holding contests, sweepstakes or similar events using KLaunch, (c) KLaunch will use commercially reasonable efforts to ensure that KLaunch conveys Customer’s Messages as directed by XxxxxxxxCustomer. KLaunch cannot guarantee that Messages, once sent by KLaunch, will be received, delivered or opened, (d) KLaunch may provide Messages and other data to Providers which may reformat the Message to conform and adapt to Provider requirements and device requirements, (e) Customer shall be solely responsible for compliance with all applicable law, including but not limited to, the TCPA (including the propriety of the Recipient Numbers [including whether mobile numbers are to be called] where the Message is instructed by Customer to be delivered), and (f) Customer further represents and warrants that the Recipient Numbers used by Customer are obtained, and the Messages sent, in compliance with all applicable laws, and Customer shall take all steps necessary to ensure that continued use of the Recipient Numbers in any way contemplated by or agreed upon pursuant to this agreement complies with all applicable laws. KLaunch reserves the right, but has no obligation, to delete or refuse to transmit any message, communication, content, and/or data that, in its opinion, violates any applicable law or industry standard. In such an event, KLaunch will inform the customer of the violation.

Text Messaging Terms and Conditions. Without limiting any other provision in this Agreement, Xxxxxxxx agrees to the following terms and conditions in this Article. (a) Customer shall be solely responsible KLaunch offers a mechanism for instructing KLaunch Persons to Initiate its desired Messagesopt-out of receiving Text Messages from Customer. The Customer further agrees and acknowledges that KLaunch is not the sender of the Messages Initiated by Customer’s use of KLaunch, (b) 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. local time 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 KLaunch Platform by a Subscriber originated Text Message via mobile handset origination, then KLaunch will have confirm the opt-out with one subsequent message, or otherwise as in accordance with Law. Unless requested by Customer and required by Law, KLaunch 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 KLaunch to send out such messages if so required, (b) KLaunch 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, KLaunch makes no liabilityrepresentation or warranty of any kind regarding the accuracy of such data returned from the List Profile Report service. Notwithstanding XXxxxxx’s efforts, Customer acknowledges and agrees that Customer shall provide and be it is solely responsible in all respects, for: (i) for ensuring the propriety of using the Recipient Numbers provided to which the Messages are to be transmitted, ensuring that Recipient Numbers are the correct Recipient Numbers for the Person, and will have been obtained and used at all times under the Agreement, in compliance with all applicable Laws and do not include (A) emergency lines, including those of any hospital, medical center, health care facility, poison control center, fire protection agency, or law enforcement agency, (B) any number assigned to a paging service, cellular telephone service, or other wireless service, unless appropriate consents have been obtained, or (C) any number to which automated dialing or prerecorded message calls are prohibited under applicable Laws; (ii) establishing and providing the time(s), date(s) and delivery schedule(s) with respect to Messages, ensuring that (A) no Telemarketing Message is transmitted before 8 a.m. or after 9 p.m. local time at the Person’s location, and (B) no Messages, including‌ Telemarketing Messages, are transmitted outside of hours allowable under applicable Laws; and (iii) Customer’s holding contests, sweepstakes or similar events using KLaunch, (c) Short Codes are required for Customer Messages. For Dedicated Short Codes, KLaunch 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 KLaunch will use commercially reasonable efforts to ensure that KLaunch conveys Customernot be held liable for such provisioning delays from specific Providers or Customers, or for reasons outside of KLaunch’s Messages as directed by Xxxxxxxx. KLaunch cannot guarantee that Messages, once sent by KLaunch, will be received, delivered or openedcontrol, (d) Random Short Codes provisioned for use, or other forms of Shared Shortcodes, are owned exclusively by KLaunch and may provide be shared among multiple KLaunch 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 and other data received, as well any responses to Providers which may reformat the Message to conform and adapt to Provider requirements and device requirementsthese inbound Text Messages, (e) Customer shall be solely responsible for compliance with all applicable lawLong Code Numbers, including but not limited towhich are ten (10) digit telephone numbers in the KLaunch application, the TCPA (including the propriety of the Recipient Numbers [including whether mobile numbers are to be called] where the Message is instructed owned and maintained exclusively by Customer to be delivered)KLaunch, and (f) Customer further represents and warrants that the Recipient Numbers used by Customer as such are obtained, and the Messages sent, in compliance with all applicable laws, and Customer shall take all steps necessary not portable to ensure that continued use of the Recipient Numbers in any way contemplated by or agreed upon pursuant to this agreement complies with all applicable laws. KLaunch reserves the right, but has no obligation, to delete or refuse to transmit any message, communication, content, and/or data that, in its opinion, violates any applicable law or industry standard. In such an event, KLaunch will inform the customer of the violationother telephony service.

Text Messaging Terms and Conditions. Without limiting any other provision in this Agreement, Xxxxxxxx agrees to the following terms and conditions in this Article. (a) Customer shall be solely responsible KLaunch offers a mechanism for instructing KLaunch Persons to Initiate its desired Messagesopt-out of receiving Text Messages from Customer. The Customer further agrees and acknowledges that KLaunch is not the sender of the Messages Initiated by Customer’s use of KLaunch, (b) 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. local time 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 KLaunch Platform by a Subscriber originated Text Message via mobile handset origination, then KLaunch will have confirm the opt-out with one subsequent message, or otherwise as in accordance with Law. Unless requested by Customer and required by Law, KLaunch 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 KLaunch to send out such messages if so required, (b) KLaunch 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, KLaunch makes no liabilityrepresentation or warranty of any kind regarding the accuracy of such data returned from the List Profile Report service. Notwithstanding XXxxxxx’s efforts, Customer acknowledges and agrees that Customer shall provide and be it is solely responsible in all respects, for: (i) for ensuring the propriety of using the Recipient Numbers provided to which the Messages are to be transmitted, ensuring that Recipient Numbers are the correct Recipient Numbers for the Person, and will have been obtained and used at all times under the Agreement, in compliance with all applicable Laws and do not include (A) emergency lines, including those of any hospital, medical center, health care facility, poison control center, fire protection agency, or law enforcement agency, (B) any number assigned to a paging service, cellular telephone service, or other wireless service, unless appropriate consents have been obtained, or (C) any number to which automated dialing or prerecorded message calls are prohibited under applicable Laws; (ii) establishing and providing the time(s), date(s) and delivery schedule(s) with respect to Messages, ensuring that (A) no Telemarketing Message is transmitted before 8 a.m. or after 9 p.m. local time at the Person’s location, and (B) no Messages, including‌ Telemarketing Messages, are transmitted outside of hours allowable under applicable Laws; and (iii) Customer’s holding contests, sweepstakes or similar events using KLaunch, (c) KLaunch will use commercially reasonable efforts to ensure that KLaunch conveys Customer’s Messages as directed by XxxxxxxxShort Codes may be useful for Customer Messages. KLaunch cannot guarantee that MessagesFor Dedicated Short Codes, once sent by KLaunch, will be received, delivered or opened, (d) KLaunch may provide Messages and other data require up to Providers which may reformat 12 weeks, depending on the Message to conform and adapt to Provider requirements and device requirements, (e) Customer shall be solely responsible for compliance with all applicable law, including but not limited to, the TCPA (including the propriety of the Recipient Numbers [including whether mobile numbers are to be called] where the Message is instructed by Customer to be delivered), and (f) Customer further represents and warrants that the Recipient Numbers used by Customer are obtained, and the Messages sent, in compliance with all applicable laws, and Customer shall take all steps necessary to ensure that continued use of the Recipient Numbers in any way contemplated by or agreed upon pursuant to this agreement complies with all applicable laws. KLaunch reserves the right, but has no obligationProvider, to delete or refuse to transmit any message, communication, content, and/or data that, in its opinion, violates any applicable law or industry standard. In such an event, KLaunch will inform provision the customer of the violationShort Code for a Customer.

Text Messaging Terms and Conditions. Without limiting any other provision in this Agreement, Xxxxxxxx agrees to the following terms and conditions in this Article. (a) Customer shall be solely responsible for instructing KLaunch K Launch to Initiate its desired Messages. The Customer further agrees and acknowledges that KLaunch K Launch is not the sender of the Messages Initiated by Customer’s use of KLaunchK Launch, (b) Customer represents and warrants that KLaunch K Launch will have no liability, and that Customer shall provide and be solely responsible in all respects, for: (i) the Recipient Numbers to which the Messages are to be transmitted, ensuring that Recipient Numbers are the correct Recipient Numbers for the Person, and will have been obtained and used at all times under the Agreement, in compliance with all applicable Laws and do not include (A) emergency lines, including those of any hospital, medical center, health care facility, poison control center, fire protection agency, or law enforcement agency, (B) any number assigned to a paging service, cellular telephone service, or other wireless service, unless appropriate consents have been obtained, or (C) any number to which automated dialing or prerecorded message calls are prohibited under applicable Laws; (ii) establishing and providing the time(s), date(s) and delivery schedule(s) with respect to Messages, ensuring that (A) no Telemarketing Message is transmitted before 8 a.m. or after 9 p.m. local time at the Person’s location, and (B) no Messages, including‌ including Telemarketing Messages, are transmitted outside of hours allowable under applicable Laws; and (iii) Customer’s holding contests, sweepstakes or similar events using KLaunchK Launch, (c) KLaunch K Launch will use commercially reasonable efforts to ensure that KLaunch K Launch conveys Customer’s Messages as directed by XxxxxxxxCustomer. KLaunch K Launch cannot guarantee that Messages, once sent by KLaunchK Launch, will be received, delivered or opened, (d) KLaunch K Launch may provide Messages and other data to Providers which may reformat the Message to conform and adapt to Provider requirements and device requirements, (e) Customer shall be solely responsible for compliance with all applicable law, including but not limited to, the TCPA (including the propriety of the Recipient Numbers [including whether mobile numbers are to be called] where the Message is instructed by Customer to be delivered), and (f) Customer further represents and warrants that the Recipient Numbers used by Customer are obtained, and the Messages sent, in compliance with all applicable laws, and Customer shall take all steps necessary to ensure that continued use of the Recipient Numbers in any way contemplated by or agreed upon pursuant to this agreement complies with all applicable laws. KLaunch K Launch reserves the right, but has no obligation, to delete or refuse to transmit any message, communication, content, and/or data that, in its opinion, violates any applicable law or industry standard. In such an event, KLaunch K Launch will inform the customer of the violation.