LeadWire Terms and Conditions
These Terms and Conditions (“Agreement”) govern your access to and use of the Marketing Campaign Management Platform hereinafter referred as (“LeadWire”) provided by Optivon, LLC (“Provider”). By accessing or using LeadWire, you agree to be bound by this Agreement. If you do not agree with any of the provisions in this Agreement, you must not use LeadWire.
a. “LeadWire” refers to the SMS marketing software and associated services provided by the Provider.
b. “User” refers to any individual or entity accessing or using LeadWire.
c. “Recipient” refers to the individuals who receive SMS messages sent through LeadWire.
2. Compliance with Applicable Laws and Regulations
a. Users must comply with all applicable laws and regulations, including but not limited to the CTIA (Cellular Telecommunications Industry Association) guidelines and the TCPA (Telephone Consumer Protection Act), FDCPA (Fair Debt Collection Practices Act), and any specific regulations governing political campaigns, in their use of LeadWire.
b. Users must obtain proper consent from Recipients before sending SMS messages through LeadWire. Consent must be obtained in accordance with the applicable legal requirements, including opt-in requirements and providing clear instructions on how to opt-out.
c. Users are responsible for maintaining accurate records of consents obtained and opt-out requests received.
3. Prohibited Activities
a. Users shall not use LeadWire for any illegal, unethical, or unauthorized purposes.
b. Users shall not engage in spamming, unsolicited messaging, or sending messages to Recipients who have not provided proper consent.
c. Users shall not use LeadWire to send messages containing fraudulent, deceptive, or misleading content.
d. Users shall not use LeadWire to send messages that infringe upon the intellectual property rights or privacy rights of others.
4. User Responsibilities
a. Users are solely responsible for the content of the SMS messages sent through LeadWire and for ensuring compliance with all applicable laws and regulations.
b. Users shall not transmit any viruses, malware, or other malicious code through LeadWire.
c. Users shall promptly respond to any inquiries or complaints from Recipients or regulatory authorities related to their use of LeadWire.
5. Intellectual Property
a. The Provider retains all ownership rights, title, and interest in LeadWire and any associated intellectual property.
b. Users shall not copy, modify, distribute, or reverse engineer LeadWire or any part thereof without the Provider’s prior written consent.
6. Limitation of Liability
a. The Provider shall not be liable for any damages, including but not limited to direct, indirect, incidental, or consequential damages, arising out of or in connection with the use of LeadWire.
b. The Provider shall not be responsible for the accuracy, reliability, or completeness of any information or content transmitted through LeadWire.
7. Subscription Term & Termination
Except in the event of a free trial offer, your subscription to the Platform (including all Services available through the Platform and otherwise) will commence as of the date your payment for a subscription is received by Provider. Your subscription (as applicable) will continue in full force for the length of the term you specifically accepted and if no specific length of time is specified will be on a month-to-month basis until such time as the Customer cancels the subscription as further explained below and will be limited by the number of credits/month identified on the contract when you purchase your subscription (the “Subscription Term”). In the event that a Customer cancels a subscription in the middle of their Subscription Term, the Customer will not be entitled to receive a refund for the unused portion of the remainder of that Subscription Term. Provider will have the right, upon written notice to Customer, to terminate these Terms, and suspend a Customer’s access to their subscription to the Platform and Services, if: (a) any Customer fails to pay Provider any amount due to Provider under these Terms; and/or (b) the Customer materially breaches any term or condition of these Terms. Provider shall have the right to terminate these Terms and immediately suspend a Customer’s access to the Platform and Services and/or suspend the provision of Services for non-payment. To the extent that your credit card on file with Provider is declined for any reason, Provider reserves the right, without notice, to immediately close your account, delete any data stored in your account and re-assign your outbound phone to other users. Upon the expiration or termination of these Terms for any reason, Customer’s access to, and use of, the Platform and Services will terminate and you will no longer be charged for continued access. Customer acknowledges that following termination it will have no further access to any Customer Data input into the Platform or Services, and that Provider may delete any such data as may have been stored by Provider at any time. Except where an exclusive remedy is specified, the exercise of either party of any remedy under this Agreement, including termination, will be without prejudice to any other remedies it may have under these Terms, by law or otherwise.
8. Methods of Payment, Credit Card Terms and Taxes
All payments must be made through a credit or debit card or other payment mechanism we accept at the time you sign up. We currently do not accept cash, although in the future we may change this policy. Your card issuer agreement governs your use of your designated card, and you must refer to that agreement and not these Terms to determine your rights and liabilities as a cardholder. You represent and warrant that you will not use any credit card or other form of payment unless you have all necessary legal authorization to do so. YOU, AND NOT US, ARE RESPONSIBLE FOR PAYING ANY UNAUTHORIZED AMOUNTS BILLED TO YOUR CREDIT CARD BY A THIRD PARTY. You agree to pay all Fees and charges incurred in connection with your purchases (including any applicable taxes) at the rates in effect when the charges were incurred. Unless you notify Provider of any discrepancies within sixty (60) days after they first appear on your credit card statement, you agree that they will be deemed accepted by you for all purposes. If Provider does not receive payment from your credit card issuer or its agent, you agree to pay all amounts due upon demand by Provider or its agents. Sales taxes, or other taxes, customs, import/export charges, or similar governmental charges are not included in the price of the products. You are responsible for paying any such taxes or charges imposed on your purchases, including, but not limited to, sales, use or value-added taxes. Provider shall automatically charge and withhold the applicable tax for orders to be delivered to addresses within and any states or localities that it deems is required in accordance with our order policy in effect at the time of purchase. Though we use security measures to protect your payment information, we do not guarantee its security, and you are providing it at your own risk. We do not have access to your full credit card number and you are not to send it to us in any form of communication.
9. Refund Policy
All purchase transactions made through the Platform are subject to Provider’s refund policy in effect at the time of purchase. Currently, Provider’s refund policy is to NOT offer any refunds for any subscriptions purchased through the Platform, except in its sole and absolute discretion.
10. Termination/Cancellation of Subscription.
User has the right and ability to cancel or otherwise upgrade/downgrade their subscription to the LeadWire at any time upon using the functionality available in their account settings. If you are unable to log-in to your account, you may contact us by email at email@example.com. Your subscription should be cancelled prior to the end of the then current Subscription Term. Upon cancellation or non-payment by you, User will immediately lose access to their account, including areas of the Platform and utilization of our Services designated for subscribers only. These Terms may be terminated by either party: (i) if the other party is in material breach of these Terms and the breach is not cured within thirty (30) days after written notice of the breach; or (ii) if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. We reserve the right to immediately suspend your access to the Platform or provision of our Services if your credit card is declined or you have undisputed amounts more than ten (10) business days past due. We also reserve the right to suspend your access to the LeadWire or provision of the Services if we reasonably determine that you or any Authorized Users (defined below): (i) use of Leadwire disrupts or poses a security risk to LeadWire, may harm our systems or may subject us or any third-party to liability; (ii) are using LeadWire (including our Services) for fraudulent or illegal activities; or (iii) are using the Platform (including our Services) in breach of these Terms. Upon expiration or receipt of notice of termination of these Terms, you will cease using and accessing the Platform, the Services and any licenses granted under these Terms will immediately terminate.
a. The Provider may modify or update this Agreement from time to time by posting the revised version on LeadWire. Users are encouraged to review the Agreement periodically.
b. Continued use of LeadWire after the posting of any modifications constitutes acceptance of the revised Agreement.
12.1 Customer Support: Provider will provide customer support during standard business hours (8am – 5pm EST).
12.2 Response Times: Provider will respond to support requests within 24 hours during standard business hours. For critical issues, responses will be provided within 4 hours.
12.3 Scheduled Maintenance: Provider may schedule maintenance activities to improve and update the platform. Client will be provided with at least 15 days’ notice for any scheduled maintenance that may result in service disruption.
13.Governing Law and Jurisdiction
a. This Agreement shall be governed by and construed in accordance with the laws of Puerto Rico.
b. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Puerto Rico
By accessing or using LeadWire, you acknowledge that
you have read, understood, and agree to be bound by this Agreement. If you are accessing or using LeadWire on behalf of an entity, you represent and warrant that you have the authority to bind that entity to this Agreement.