SMS TERMS AND CONDITIONS
These terms and conditions (the “Terms”) govern the use of the [Zota SMS Appointment Reminders, Waiting List, and Marketing services] (the “Services”) offered by Zota (the “Company”).
Zota Marketing’s short code [XXXXX] will be used to send customers appointment reminders, waiting list notifications, special greetings, electronic receipts, and promotional messages.
By using the Services, you agree to be bound by these Terms.
Definitions: In these Terms, the following definitions apply:
- “SMS” means a short message service, commonly referred to as a text message, sent from one mobile phone to another.
- “Customer” means the person or entity that has subscribed to the Services.
- “Subscriber” means the recipient of the SMS sent through the Services.
- “Carriers” means mobile network operators providing services to deliver SMS.
- Provision of Services: The Company (“Zota”) agrees to provide the Services to the Customer in accordance with these Terms. The Services may be used to send SMS messages to Subscribers for Appointment Reminders, Waiting List notifications, and marketing purposes.Message and data rates may apply. Message frequency varies.
Customer Obligations: The Customer represents and warrants that:
- it has the right to use the information provided for the purpose of sending SMS messages to its Subscribers;
- it will not use the Services to send any SMS messages that are illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
- it will not use the Services to send any SMS messages that contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer programming routines that are intended to damage, interfere with, intercept or expropriate any system, data or personal information;
- it will comply with all applicable laws and regulations in its use of the Services.
- Confidentiality: The Customer acknowledges that the Services may involve the transfer of confidential information, including the content of SMS messages and subscriber information, over networks not owned or controlled by the Company (“Zota”). The Customer agrees to hold such confidential information in confidence and not to use or disclose it to any third party.
Disclaimer of Warranties: The Company (“Zota”) does not guarantee the availability of the Services and will not be responsible for any downtime or interruption of the Services. The Company (“Zota”) does not warrant that the Services will be error-free or that defects will be corrected. The Services are provided “as is” and the Company (“Zota”) makes no warranties of any kind, express or implied, including without limitation any warranties of merchantability or fitness for a particular purpose. Carriers are not liable for any delays or undelivered messages.
Limitation of Liability: The Company (“Zota”) will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use of the Services, even if the Company (“Zota”) has been advised of the possibility of such damages.
Termination: Either party may terminate the Services at any time upon written notice to the other party. The Subscriber may also cancel/unsubscribe from the Services at any time by texting “STOP” to short code [XXXXX]. The Company (“Zota”) may terminate the Services immediately if the Customer breaches any of its obligations under these Terms.
Help: The Subscriber may receive help and Program information by texting “HELP” to short code [XXXXX].
Governing Law: These Terms constitute the entire agreement between the parties and supersede all prior negotiations, representations, understandings and agreements between the parties, whether written or oral, relating to the subject matter of these Terms.
Amendments: The Company (“Zota”) may amend these Terms from time to time. The Customer will be deemed to have accepted the amended Terms if it continues to use the Services after the date on which the amendment is posted on the Company’s website.
Assignment: The Customer may not assign these Terms or any of its rights or obligations hereunder without the prior written consent of the Company (“Zota”). The Company (“Zota”) may assign these Terms and its rights and obligations hereunder without the prior written consent of the Customer.
By using the Services, you agree to be bound by these Terms and Conditions.