Updated August 11, 2014

 

 

ACCEPTANCE

 

By downloading and or using iViP Mobile Inc.'s ("iViP Mobile," "our," "we" or "us") Instant Text Messaging Service, You (any Company, Organization or Individual User) accept and agree to be bound by these Terms of Use. iViP Mobile may at any time modify these Terms of Use. You can review the most current version of it by clicking on the "Terms of Use" link located on the Service Plans section of the iViPMobile.com website. The most current version supersedes all previous versions. By continuing to use the iViP Mobile Texting Service after changes are made, you agree to be bound by such changes.

 

ACCOUNT SECURITY

 

You are entirely responsible for maintaining the confidentiality of your Account login and password. You are entirely responsible for any and all activities that occur under your Account. You agree iViP Mobile will not be liable for any loss that you may incur as a result of someone else using your Account login and password, either with or without your knowledge. You are responsible for all activity in your account, whether initiated by you, or by others on your behalf, or by any other means. iViP Mobile specifically disclaims liability for any activity in your Account, whether authorized by you or not.

 

INVOICE DUE DATE

 

Invoices will be transmitted electronically or put in the U.S. Mail on the 1st of the month, covering the charges incurred on your individual or collective account(s) during the prior month's service. Payment due date is the 25th day of the month. Your service will remain 'on' until the bill is 20 days past due - which would be the 15th of the following month - 45 days from statement date. If your bill remains unpaid 20 days past the due date, access to iViP Mobile's Texting Service will be turned off. Payment in full (instant debit / credit card payment via phone) of the outstanding amount will turn your service back on.

 

PAYMENT OPTIONS

 

A) You may pay by check applied to each monthly invoice via U.S. Mail.

B) You may make a single payment by credit / debit card by contacting our Office

C) You may authorize a recurring payment by credit / debit card by contacting our Office

     Note: Recurring payments will be deducted on the 20th of the month.

D) If your recurring payment by credit / debit card reaches the expiration date on the card, or if we are unable to run the charges on your credit card, we will attempt to reach your Accounts Payable person for remedy. If the issue with the credit / debit card can not be remedied by the 45th day from the statement date, the Service will be turned off.

 

ACCOUNT CLOSURE - WHAT HAPPENS WHEN THE SERVICE IS TURNED OFF

 

Both You and iViP Mobile have the Right to Terminate the Service at any time. iViP Mobile reserves the right at its sole discretion to terminate or restrict your use of the Service, without notice, for any or no reason whatsoever. Likewise, anyone in your organization with Administrator privileges can log into their iViP Mobile account and turn the Service off. The "Master On-Off Switch" is located on the Preferences > Profile > Plan & Usage Tab. Warning: Using this “Master On-Off Switch” is irreversible and will immediately log out all users (including yourself) and prevent them from logging back in again. Furthermore, it will immediately stop all outgoing messages and archive all future Scheduled Sends. Only a phone call to iViP Tech Support can reset your account. You will receive a final invoice for any outstanding charges. If your customers or contacts still attempt to reach your organization via your discontinued iViP Mobile Texting number, they will receive the no-longer-in-service Auto-Reply that appears just below the "Master On-Off Switch" on the Preference > Profile > Plan & Usage Tab. You can use this Courtesy Notice to give your contacts instructions on how you want them to reach your company from now on. This Courtesy Notice will auto-reply for 60 days after your Service is turned off. You can elect to turn your Service back on during this time. After this period, all your company information will be permanently removed from the Service. All messages sent or received by your organization will be archived in an e-mailable Excel spreadsheet. Lastly, if your customers should still attempt to reach you via text after the 60 day Courtesy Notice period is over, they will receive a generic 'Delivery Failure Notification' informing them their message was not delivered and asking them to directly contact the party they are trying to reach.

 

GATEWAY OWNERSHIP

 

The Gateway used by the Service to send and receive texts between you and your contacts is exclusively owned and operated by iViP Mobile. Your use of the Service does not transfer any ownership, rights or claims to the Gateway through which your texts are sent and received. When your account is closed, your use of the Gateway terminates and all authorized access is returned to iViP Mobile. When you initially sign onto the Service, a Gateway is assigned for you to use. You may also request to have multiple Gateways depending on your organizational needs. Your assigned Gateway can be exchanged with a new one - this will not affect the Service in any way. However, this might be an inconvenience to your contacts, so we will make every effort to keep the Gateway assigned to you available for as long as you use the Service. There may be unusual circumstances (i.e. the Gateway can not be accessed - even by us) that may require iViP Mobile to replace your assigned Gateway with another equivalent Gateway. Which means, iViP Mobile can not guarantee that your original, assigned Gateway will always be available.

 

TEXTING POLICY - NO UNLAWFUL CONDUCT OR IMPROPER USE

 

Although iViP Mobile has no obligation to monitor your use of the Service, we reserve the right to review your use of the Service for adherence to the texting policy below. Access may be terminated for any of the following reasons:

1) If anyone in your organization is caught sending spam or unsolicited commercial messages. Spamming is defined as marketing to random mobile numbers who have not 'opted-in' or have no prior business relationship with your organization.

2) If you attempt to disable the Auto-Unsubscribe feature ("X, end, stop, quit, remove") or re-enable contacts who have previously Unsubscribed

3) If we hear complaints from irate customers who have been spammed or who received unwanted texts

4) If your texts result in, or become the subject of, legal action or threatened legal action, regardless of whether such legal action is subsequently determined to be with or without merit

5) If your messages contain any material that

(a) is unlawful, obscene, defamatory, harassing, vulgar or offensive

(b) violates any property rights or any other rights of any third party

(c) promotes violence, discrimination, or illegal activities

(d) contains any sexually explicit content or web links

(e) is false, misleading, or likely to mislead or deceive (f) impersonates any other person or organization

6) If you do or allow to be done anything which jeopardizes the operation of our or any third party's business, facilities or services

7) If your messages do not comply with any applicable local, state, federal and international laws, government rules and requirements.

 

DELIVERY OF TEXTS IS BEST EFFORT

 

No guarantee is made that your outbound texts will reach their intended recipients, and iViP Mobile's Service is not guaranteed to receive inbound texts. There are several intermediaries through which your text messages must pass before they reach their destination, and at any of these points, your texts may fail to be transmitted. Throughout the telecommunication industry, the delivery of text messages is always considered "best effort." Furthermore, there is no guarantee that the phone number you are trying to text even has SMS messaging enabled on it (~85% of the US population can currently be reached via mobile SMS text messaging). You will be notified immediately if your outbound text fails to be handed off to the network, but beyond that first hand-off, no guarantee of delivery receipt can be made. Which means, if you do not hear back from the party you are trying to reach in a timely manner, then please return to the stand-by technologies of making a phone call or sending an E-mail.

 

PRIVACY POLICY

 

iViP Mobile uses a fee-for-Service business model. As such, we do not participate in any 3rd party data mining, nor do we have any other marketing content embedded in our Software or your text messages. All your company data is stored in the cloud on secure servers behind firewalls. The only time your messages may be extracted from the database is if you request it. Your organization's financial information is stored separately and is only accessible by our billing department. At times, we may be required by an investigating government body, law enforcement agency or court order to provide texting records pertaining to a specific incident. All messages sent or received within a single Phonebook are searchable by any user granted log-in permission for that Phonebook. For organizations with multiple Phonebooks, members assigned to one team will not be able to see messages stored in another team's Phonebook.

 

SUGGESTIONS FOR SERVICE IMPROVEMENTS

 

iViP Mobile wants to hear from you. If you have any suggestions that you would like to send to us, there is a Feedback form located within the Messenger itself behind the iViP Logo button next to the words 'Instant Messenger.' You agree that we are free to use any comments, information or ideas contained in any communication you may send to us without compensation, acknowledgment or payment to you for any purpose whatsoever, including, but not limited to, designing, developing and marketing products and services; creating, modifying or improving the iViP Mobile Service or other products or services.

 

INTELLECTUAL PROPERTY

 

iViP Mobile and/or its licensors are the sole owners of the iViP Mobile Service, which includes any software, domains, and content made available through it. iViP Mobile is protected by the copyright, patent, trademark, service mark and trade secret laws of the United States, as well as international proprietary rights and laws. You acknowledge that no title or interest in such Intellectual Property Rights is being transferred to you and you agree to make no claim of interest in any such Services or Software. It is for your own personal or organizational use only, and iViP Mobile grants you a limited license for that purpose. This means that you may not sell, re-sell, export, license, modify, copy, reverse engineer, distribute or transmit the Service without iViP Mobile's prior express written permission. Any unauthorized use of the Service will terminate the limited license granted by us. iViP Mobile's graphics, logos, icons, service names and other marks related to the Service are registered and unregistered trademarks or trade dress owned exclusively by iViP Mobile Inc. You are prohibited from using, in any manner whatsoever, any of the content or materials described above without the express written permission of iViP Mobile.

 

DISCLAIMER OF ALL WARRANTIES

 

iViP MOBILE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE SERVICE (INCLUDING ALL CONTENT, SOFTWARE, ANY UPDATES OR MODIFICATIONS TO THE SOFTWARE) IS PROVIDED ON AN "AS IS," "AS AVAILABLE," AND "WHERE AVAILABLE" BASIS. iViP MOBILE MAKES NO WARRANTY THAT ITS SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED, AND WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. USE OF THE SERVICE IS AT YOUR OWN RISK AND SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. iViP MOBILE DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS, OF THE SERVICE IT PROVIDES, WITH REGARDS TO THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE. (It is illegal for unauthorized people to intercept your communications, but such interceptions can occur.) The service is not fault-tolerant and is not designed, manufactured, or intended for high risk applications, such as life support systems, where the failure of the service could lead to death, personal injury or environmental damage. Some jurisdictions do not allow the disclaimer of implied warranties, in which case, some of the foregoing disclaimers may not apply to you.

 

LIMITATION OF LIABILITY

 

IN NO EVENT SHALL iViP MOBILE BE LIABLE TO YOU, YOUR ORGANIZATION OR ANY OTHER PERSON, FOR ANY LOSS, DAMAGE OR INJURY, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT, YOUR INABILITY TO USE THE SOFTWARE OR SERVICE, YOUR LOSS OF DATA OR FILES, FAILURE OF ELECTRONIC OR MECHANICAL EQUIPMENT, PROBLEMS WITH INTERNET SERVICE PROVIDERS, DELAYS WITH INTERMEDIATE COMMUNICATION NETWORKS OR OTHER INTERCONNECT PROBLEMS, EVEN IF iViP MOBILE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. We shall not be liable for failing or delaying to perform any obligation resulting from, but not limited to, governmental action, acts of terrorism, earthquake, fire, flood or other acts of God, labor conditions, power failures, and Internet disturbances. Some states may not allow such a broad exclusion or limitation on liability for damages as contained herein. In such states, our liability is limited to the full extent permitted by law. You agree that in no event shall iViP Mobile's maximum aggregate liability exceed the total amount paid by You to iViP Mobile to access and use the Service.

 

INDEMNITY

 

iViP Mobile will not be held responsible for the inappropriate conduct or actions of your employees. iViP Mobile can not be held liable for business losses due to SMS texts failing to reach their intended destination (whether inbound or outbound). The immediate remedy if a text does not seem to make it through to its intended destination is to utilize other technologies that were in use before the Service was turned on (i.e. Phone and E-mail). The Service shall not be used within any Life Support System intended to support or sustain life which, if it fails, can be reasonably expected to result in personal injury or death. You agree to indemnify and hold iViP Mobile and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys' fees and court costs, arising, directly or indirectly, out of your use of the iViP Mobile Service, or your violation of any law or the rights of any third party. You acknowledge and agree that you are personally responsible for your conduct while using the Service and agree to indemnify and hold us and our officers, directors, employees and agents harmless from and against any loss, damage, liability, cost or expense of any kind (including, but not limited to, reasonable attorneys' fees) in connection with any third-party claim or otherwise, due to your use of the Service, or the use of the Service by anyone using your Login User ID and Password, or your violation of any laws or regulations, or the rights, including the privacy rights, of any third party. Your obligations under this paragraph shall survive termination of the Service.

 

DISPUTES

 

If you have a dispute concerning your Service, please contact our Office for resolution.

 

1.) Governing Law: You agree that these Terms of Use or any claim, dispute or controversy (whether in contract, tort or otherwise, whether pre-existing, present or future, and including statutory, common law and equitable claims) between you and iViP Mobile arising from or relating to these Terms of Use (their interpretation or breach, termination or validity, the relationships which result from these Terms of Use, the iViP Mobile Service, advertising or any related transaction) shall be governed by the laws of the State of California and applicable federal law, without regard to choice of law principles.

 

2.) Binding Arbitration: Any claim, dispute or controversy between you and iViP Mobile (collectively its agents, employees, principals, successors, assigns, affiliates, and relationships with third parties who are not signatories) arising from or relating to these Terms of Use shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association, JAMS or the National Arbitration Forum, in accordance with their applicable rules, or any other established alternative dispute resolution provider mutually agreed upon by the parties. The arbitration will be limited solely to the dispute between you and iViP Mobile. Neither you nor iViP Mobile shall be entitled to join or consolidate claims by or against other customers or arbitrate any claims as a representative or class action or in a private attorney general capacity. Any award of the arbitrator shall be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. Jury Trial Waiver. If a claim proceeds in court rather than through arbitration, we each waive any right to a jury trial. Each party will bear the cost of preparing and presenting its own case, including any attorneys' fees, and will divide equally all other administrative fees and expenses of arbitration, including the fees and expenses of the arbitrator. Any in-person arbitration proceedings will be held at the location that AAA or JAMS selects unless otherwise mutually agreed upon by the parties. However, if any party prevails on a statutory claim that affords the prevailing party attorneys' fees, or if there is a written agreement providing for fees, the arbitrator may award reasonable fees to the prevailing party, under the standards for fee shifting provided by law.

 

3.) Limitations of Actions: Any claim or cause of action arising out of or related to your use of the iViP Mobile Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.

 

GENERAL

 

If any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck or interpreted in accordance with applicable law as closely as possible, and the remaining provisions will remain in full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the extent or scope of such section. Our failure to enforce any provision of these Terms of Use shall not constitute a waiver of that or any other provision. These Terms of Use set forth the entire understanding and agreement between you and iViP Mobile with respect to the subject matter hereof, and supersede and govern all prior proposals, agreements, or other communications.

 

COPYRIGHT NOTICE

 

Copyright (c) 2007-2014 iViP Mobile Inc. All rights reserved. "iViP Mobile," "iViP Mobile Instant Text Messenger," and the "iViP Mobile" logo are either trademarks or registered trademarks of iViP Mobile Inc.