Terms of Acceptable Use
The Identidad virtual SMS platform service is subject to the following acceptable use terms:
Scope of Service and Acceptable Use:
Identidad is the proprietary owner of the Identidad Virtual SMS Campaign Platform offered to clients in connection with a variety of SMS campaign management functions. Included in these functions is the ability of the platform to support the client’s campaign usage of text messages, or Short Message Service (SMS), through Identidad’s platform on an Infrastructure as a Service (IaaS) basis. Identidad does not offer such services for any particular or independent purpose outside of supporting its clients. It does not retain or use message content, addresses, or message responses for its own commercial purposes. Information uploaded or entered on the Identidad platform is strictly the property of the client and at the client’s control. Identidad undertakes no liability or responsibility for the proper use of SMS campaigns by the client and advises the client to establish its own policies related to its particular use of the system’s functionality where and when advertising through the Identidad Virtual SMS Campaign Platform. Our service is intended only for the management of SMS Campaigns. To the extent that the platform may be possibly deemed an ATDS under U.S. law and regulation, it is herein disclosed that the Platform is not the sender of any SMS texts on behalf of the client and that all messages sent are done through independent providers.Acceptable use of the Identidad Virtual SMS Campaign Platform is subject to the following:
- Any illegal use of the Virtual SMS Campaign Platform or any SMS send in combination with the platform is strictly prohibited, in the form of messages containing any sexual, racist or discriminatory content and any such usage may be considered as harassment to an individual or an organization and shall be a basis for Identidad to suspend or terminate your User Account.
- You are solely responsible for the privacy and storage of your username and password for accessing the Virtual SMS Campaign Platform. All purchases made from the Platform interface through your account are final.
- You agree that all activities, which can be traced to your username and password, are deemed as having been performed by yourself and are legally binding to you. You accept responsibility for your message content and all requisite consumer consents in accordance with generally applicable laws over you and your activities. Identidad does not assume any liability for content of messages sent. You exempt and hold armless the Identidad Platform from any claim that may arise from third parties as a result of message content. You are to be held solely responsible. Identidad Platform reserves the right to exclude you from using its platform service for improper or illegal use.
- You acknowledge that Identidad offers SMS bundle messages packages for its Platform Users via major telecommunications companies and mobile network providers and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed by the above-mentioned providers. SMS messages submitted via the Platform will be transferred such telecommunication companies as well as to the addressed mobile recipients in due course, provided that, the recipient’s phone is switched on and located in an area covered by his subscribed mobile network provider. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully. Any errors in transmission shall be available from the Platform’s Results interface through your account.
- The Identidad Platform neither claims nor guarantees either availability or performance of message delivery. While Identidad Platform makes every effort to ensure the message bundles deliver promptly, Identidad Platform accepts no liability for transmission delays or message failures.
- Identidad Platform debits SMS messages used by you according to its transmission logs. These logs are deemed correct and valid statement of the account even if the customer has objects against the correctness of it as accounting records, except if Identidad’s investigation into the matter produces evidence of technical problem or error on the Platform. The SMS pricing scheme is published on the Identidad Platform through your account along with any applicable taxes or fees that may be charged for usage.
- Your SMS bundle account balance is non-refundable, and does not bear interest. It is offered and accepted on a use-or-lose basis. All SMS bundles have an expiry of six (6) months unless client makes further purchases of SMS bundles, wherein the expiry is extended another six (6) months.
- In accordance with the legal requirements, usage data of bundles is recorded for the necessary purposes of maintaining the messaging service.
- You use the service entirely at your own risk. You are solely responsible for compliance with all applicable laws and regulations regarding your use of the Platform, compliance with the U.S. TCPA, compliance federal or provincial rules and regulations over advertising and claims made in advertising.
- You process (e.g. collect, store, alter, use or make available) the personal data relating to any mobile end user, only on the basis of explicit written consent from the mobile end user. You are responsible for obtaining this consent and confirming this on all contacts and campaigns you manage using our platform.
- You guarantee every mobile end user the right to object to your processing of personal data relating to the mobile end user and processed for the purposes of direct marketing.
- In general, you shall under no circumstances send SMS to mobile end users for the purposes of direct marketing from randomly generated mobile numbers (spamming or TCPA violations). In particular you shall not address the mobile end users with SMS inviting the mobile end user to call back a premium rate number.
- You guarantee, warrant and agree that the content of any SMS is always respecting and not in any way in conflict with the fundamental human rights recognized in any national legislation applicable to our business and in the International Convention for the Protection of Human Rights and Fundamental Freedoms (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin.
- You guarantee, warrant and agree that you will delete or mark as outdated from your account contact database the records of the mobile number relating to a certain mobile numbers of end user upon who have requested removal or revoked their consent to continue receiving SMS messages from you. You understand and agree that the mobile end user has the right to submit such request to you at any time after receiving a message, and that, you will comply with all such consumer requests and revocations as a part of you responsibilities in using our system.
- Upon request you will provide Identidad Platform written proof of your compliance with our undertakings according to these Terms of Acceptable Use.
- Not withstanding the provisions in the contract between you and Identidad for the Virtual SMS Campaign Platform, should you breach of your undertakings according to this Statement you acknowledge the right for Identidad Platform to immediately suspend, limit or terminate your access to Identidad Virtual SMS Campaign Platform and any campaign information therein. In case any claim is brought against Identidad Platform from any third party due to your breach of the undertakings statement herein, you shall indemnify and reimburse Identidad Platform all liabilities, costs, losses and damages relating to such claim provided.
By you use, and continued use, of the Identidad Virtual SMS Campaign Platform, you hereby agree all the forgoing Terms of Acceptable Use, and understand that it supplements any and all terms and conditions in your Virtual Platform Service Agreement with Identidad and any and all consents and/or verifications marked within the Platform as to campaign jurisdiction, prior written consents obtained from consumers and disclaimers of service by Identidad.
Regular Update of Acceptable Use Terms with Terms of Service Updates:
These Acceptable Use Terms were last updated on January 3, 2017 and shall be revised every three (3) months for policy changes and corrections to electronic contracts and posting at www.identidadSMS.com. All Identidad SMS Services shall be subject to any website posted Terms and Conditions, including this Acceptable Use Terms, where they do not conflict with existing Electronic Contract Terms of a Platform Customer that have not be Noticed to the Platform Customer by e-mail thirty (30) days prior to their effect.