SMS Terms and Conditions
Emergency Notification
The ProTelesis SMS Text Connector must not be used as the primary or sole method of sending messages that contain information that is essential to the protection of life or property. No one including First Responders should rely on ProTelesis SMS Text Connector for such situations; in such situations ProTelesis SMS Text Connector may be susceptible to blocking, outages, delays and congestion, and a significant risk of non-delivery.
SMS Privacy Policies
Important Information:
- NO Emergency Notification – Do not use ProTelesis SMS services for any emergency communications. Dial 911 in case of an emergency.
- Do not send spam using ProTelesis SMS.
- Sometimes text messages don’t go through for no known reason. Do not rely on text messages for any commitments.
Wireless service is subject to transmission, terrain, system, capacity and other limitations. ProTelesis does NOT guarantee availability, security, speed, timeliness, accuracy or reliability of service.. When users are outside of the coverage area, access will be limited to info and applications previously downloaded to or resident on their device. For devices and service from other wireless carriers, all technical support, voice, messaging and data usage will be subject to the applicable rates and terms of such other wireless carrier(s). Refer to the applicable wireless carrier for such rates, terms and conditions.
Messages – Customer is solely responsible for the content of all Messages Customer transmits using ProTelesis SMS DID Text Connector. ProTelesis does not verify the content of Messages sent by Users or messages received by Users. ProTelesis has no responsibility for the accuracy, completeness, safety, reliability, timeliness, legality or applicability of any Message sent to a mobile number or received by any User. Customer’s Messages are sent at Customer’s sole risk. The availability, security, reliability, accuracy or speed of Message delivery, availability of specified throughput, or timeliness of Message delivery is not guaranteed, and ProTelesis and its suppliers disclaim all Service Level Agreements (SLAs) or guarantees with respect to the performance of ProTelesis Landline.
The delivery time of Messages is dependent upon the conditions prevailing at the time of submission, and the actual delivery and/or delivery of Messages within a specific period of time are not guaranteed. Messages may not be successfully terminated, or terminated in a timely manner, on a User’s device for reasons such as the User’s device not working properly, being switched off or out of range, or having insufficient message storage space. Messages are deemed to have been delivered when they are delivered to the immediate destination, including mobile telephone networks, or any other intermediary server/API that is designated as the point of delivery for the Message. Delivery on behalf of mobile carriers is not guaranteed. Although ProTelesis Texting provides extensive text messaging coverage including all major U.S. mobile carriers, there is no guarantee as to its network coverage.
Message Retention and Deletion – Messages sent and received using ProTelesis Texting will be retained by ProTelesis for a period established by Customer of up to seven (7) years, regardless of whether Messages are deleted by individual Users of the service or by API command. If Customer does not affirmatively establish a retention period, Customer’s Messages will be retained for eighteen (18) months. In addition, Customer’s authorized administrators may direct ProTelesis to delete stored Messages at any time. ProTelesis will comply with Customer’s request to delete Messages within five (5) business days of receipt of the written request. Requests to delete Messages shall specify a date for which all messages dated prior thereto will be deleted. Requests to delete individual Messages or Messages sent or received by specific Users cannot be honored. Customers may request access to and retrieve stored Messages at any time up to thirty (30) days after cancellation or termination of service or after unassigning a Software package from a text enabled landline or toll-free number.
Disclaimers – ProTelesis and its suppliers disclaim any warranty, express or implied, (i) that Customer’s use of SMS will meet Customer’s requirements, (ii) that use of ProTelesis Texting will be uninterrupted, timely, secure or free from error, or (iii) that any information Customer obtains as a result of using the service will be accurate or reliable. ProTelesis Texting is provided on an “AS IS” and “as available” basis, and Customer’s use of the service is at its sole risk. ProTelesis and its suppliers disclaim all liability related to or arising out of Customer’s use of ProTelesis Texting, including but not limited to any claim of actual or alleged infringement or misappropriation of intellectual property. ProTelesis and its suppliers disclaim all liability to Customer for Customer’s inability to access ProTelesis Texting for reasons beyond their control, including but not limited to cases in which Customer attempts to send Messages to any non-supported restricted, blocked or unavailable wireless phone numbers or devices.
Customer Responsibilities and Restrictions – Customer is solely responsible for abiding by the terms and conditions governing the use of its registered landline and/or toll free number(s) as set forth by the provider of its landline or toll free service. ProTelesis Texting requires Internet access, for which Customer is solely responsible. Customer must inform Users (i) that Messages are retained regardless of whether they have been deleted by individual Users or by API command and (ii) the period of time that Customer has requested that its Messages be retained. Customer may not use ProTelesis Texting to transmit Protected Health Information (“PHI”). Customer is solely responsible for all uses of ProTelesis Texting by its Users and shall indemnify and hold harmless ProTelesis and it suppliers against all claims arising from or related to such use.
If Customer is in breach of any terms or conditions hereof or Customer’s Enterprise Agreement, then in addition to any other remedies set forth in the Enterprise Agreement, ProTelesis may refuse new activation requests and/or modify or terminate Customer’s use of ProTelesis Texting. Customer may only access ProTelesis Texting via the interface purchased and by no other means. Customer may not access (or attempt to access) ProTelesis Texting through any automated means (including use of any scripts, web crawlers, spiders, robots, site/search retrieval application) specifically including the creation of User accounts. Customer is solely responsible for safeguarding its access to ProTelesis Texting. Customer must take all reasonable steps to ensure that Customer’s passwords, username(s) and API access keys are not disclosed to unauthorized third parties or compromised in any way. Further, Customer is solely responsible for all activities that occur in connection with its account. If Customer becomes aware of any unauthorized use of its password(s), access keys or of its account, Customer must immediately notify ProTelesis Customer Care at 866-563-4703 or via use of the Support link on the Service Portal.
Reservations – ProTelesis reserves the right to modify or enhance the features or capabilities of ProTelesis Texting, including Message limits, at any time with or without notice. ProTelesis reserves the right to change, suspend, terminate, remove, impose limits on the use or access to, or to disable access to ProTelesis Texting software for any reason at any time without notice and will have no liability to Customer or any third party for doing so. ProTelesis reserves the right to conduct work at a remote location or use, in ProTelesis’s sole discretion, employees, contractors or suppliers located outside the United States to perform work in connection with or in support of ProTelesisTexting.
Exclusive Remedy – Customer’s sole and exclusive remedy against ProTelesis and its suppliers for any damages, losses, claims, costs and expenses arising out of or relating to use of ProTelesiss Text Messaging will be termination of service.
End User License Agreement – Customer’s use of ProTelesis Texting, including related software, is subject the terms of its Enterprise Agreement and the End User License Agreement located at landlinetexting.att.com/legal. The ProTelesis Texting EULA must be accepted before Customer’s (and each User’s) first use of the service. If Customer or a User does not accept the terms of the EULA, Customer (or the User) must not use the service. Customer must accept the EULA as the party liable for each User, and agrees in such case that the Users will comply with the obligations under the EULA. Customer and its Users are individually and jointly liable under the EULA.
Data Privacy – Customer Personal Data may be transferred to or accessible by (i) ProTelesis personnel around the world (ii) third-parties who act on ProTelesis’s or ProTelesis’s supplier’s behalf as subcontractors; and (iii) third parties (such as courts, law enforcement or regulatory authorities) where required by law. Customer will only provide or make Customer Personal Data accessible when Customer has the legal authority to do so and for which it has obtained the necessary consents from its end users, and will camouflage or securely encrypt Customer Personal Data in a manner compatible with the service. As used herein, the term Customer Personal Data includes, without limitation, name, phone number, email address, wireless location information or any other information that identifies or could reasonably be used to identify Customer or its Users. Customer is responsible for providing Users with clear notice of ProTelesis’ and Customer’s collection and use of Customer Personal Data obtained via ProTelesis Texting and for obtaining Users’ consent to that collection and use. Customer may satisfy its notification requirements as to ProTelesis by advising Users in writing that ProTelesis and its suppliers may collect and use Customer Personal Data by providing for User review the relevant links to the Product Brief or other sales information that describes ProTelesis Texting and to ProTelesis Privacy Policy.
Messages, Privacy and SPAM – ProTelesis is a strong supporter of a SPAM-free communication environment. ProTelesis Texting monitors text message behavior for the purpose of minimizing complaints on unwanted SPAM, which may cause delivery delays. Any account found to be using ProTelesis Texting for SPAM may be immediately suspended without notice, and Message volume will be throttled on accounts deemed to be sending SPAM messages. If Customers know of or suspect any violators, they shall notify ProTelesis immediately at info@ProTelesis.com.
