Terms & Conditions

Terms & Conditions

Terms and Conditions for Application to Person (A2P) Messaging Service updated October 1, 2024

Introduction

These Terms and Conditions ("Terms") govern the use of our Application to Person (A2P) messaging service ("Service"). By accessing or using our Service, you ("User" or "you") agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.

2. Service Description

Our A2P messaging service enables businesses to send automated messages to individuals via SMS, MMS, or other messaging platforms. The Service is intended for communication purposes, including but not limited to marketing, notifications, alerts, and customer service interactions.

3. User Responsibilities

Compliance: Users must comply with all applicable laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, General Data Protection Regulation (GDPR), and any other relevant legislation. 

Consent: Users are responsible for obtaining explicit consent from recipients before sending messages through the Service. Users must maintain records of such consent. 

Content: Users must ensure that all messages sent through the Service are lawful, non-offensive, and do not violate any third-party rights. The content of messages must not include anything defamatory, obscene, abusive, or otherwise inappropriate. 

Data Security: Users must safeguard any personal data collected or processed through the Service, ensuring that it is handled in accordance with applicable privacy laws. 

4. Prohibited Uses

Users are prohibited from using the Service for any illegal activities or for sending unsolicited or spam messages. This includes, but is not limited to: sending messages without recipient consent; sending fraudulent, deceptive, or misleading messages; engaging in phishing, scams, or other malicious activities. 

5. Intellectual Property

All intellectual property rights in the Service, including but not limited to trademarks, logos, and software, are owned by us or our licensors. Users are granted a limited, non-exclusive, and non-transferable license to use the Service in accordance with these Terms.

6. Termination

We reserve the right to terminate or suspend access to the Service, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Service will cease immediately.

7. Disclaimer of Warranties

The Service is provided on an "as-is" and "as-available" basis. We make no warranties, express or implied, regarding the Service, including but not limited to its reliability, availability, or suitability for your specific needs.

8. Limitation of Liability

To the maximum extent permitted by law, we shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising from your use of the Service, even if we have been advised of the possibility of such damages.

9. Indemnification

You agree to indemnify and hold us harmless from any claims, damages, liabilities, or expenses (including legal fees) arising out of your use of the Service, including any violation of these Terms or applicable laws.

10. Changes to Terms

We reserve the right to modify these Terms at any time. Any changes will be effective immediately upon posting on our website. Your continued use of the Service after any such changes constitutes your acceptance of the new Terms.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Arizona, without regard to its conflict of law principles.

12. Contact Information

If you have any questions or concerns regarding these Terms, please contact us at: info@medsurgacademy.com.