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), 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.
a. The Provider reserves the right to suspend or terminate a User’s access to LeadWire at any time, without notice, for any reason, including but not limited to violations of this Agreement or applicable laws.
b. Upon termination, all rights and licenses granted to the User under this Agreement will immediately cease.
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.
9. Governing Law and Jurisdiction
a. This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction].
b. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of [Jurisdiction].
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.