Gentraf Terms of Use

Terms of Use for Mobile App Users

YOU (THE “SUBSCRIBER”) HAVE DOWNLOADED THE MOBILE APPLICATION DIRECTLY OR INDIRECTLY FROM THE ORGANIZATION (“SPONSOR”) THAT SUBSCRIBER PERMITTED TO SEND INFORMATION OR PROMOTIONAL OFFERS TO SUBSCRIBER.  SPONSOR HAS LICENSED MULTI-CHANNEL MESSAGING AND MARKETING AUTOMATION SOFTWARE FROM GENTRAF AND BRANDED THE APPLICATION USING THEIR CUSTOM LOGO AND COMPANY INFORMATION. SPONSOR IS ALSO REFERRED TO AS GENTRAF USER ON GENTRAF’S WEBSITE. THIS TERMS OF USE APPLIES TO SUBSCRIBER’S ACCESS AND USE OF THE MOBILE APPLICATION, WHICH IS POWERED BY GENTRAF OR ITS RESELLER PARTNER (“SERVICE”).  BY DOWNLOADING THE APPLICATION OR USING SERVICE, SUBSCRIBER IS AGREEING TO RECEIVE ALERTS, MESSAGES, OR SOLICITATIONS FROM SPONSOR THROUGH SERVICE. IF SUBSCRIBER SUPPLIES SUBSCRIBER’S CONTACT INFORMATION DURING THE COURSE OF USING SERVICE, SUBSCRIBER IS ALSO CONSENTING TO RECEIVING ALERTS, MESSAGES, OR SOLICITATIONS THROUGH OTHER FORMS OF COMMUNICATION SUCH AS EMAIL, MOBILE TEXT, OR PHONE CALL. SPECIFIC OFFERS, COUPONS, REWARDS, OR PROMOTIONS ARE CREATED AND ADMINISTRATED BY SPONSOR.

BY DOWNLOADING AND USING THE MOBILE APPLICATION, SUBSCRIBER INDICATES THAT SUBSCRIBER HAS READ, UNDERSTANDS, AND AGREES TO THIS TERMS OF USE. IF SUBSCRIBER DOES NOT ACCEPT THIS TERMS OF USE, PLEASE DISCONTINUE USE AND UNINSTALL THE MOBILE APPLICATION IMMEDIATELY. ALSO PLEASE READ THIS TERMS OF USE CAREFULLY FROM TIME TO TIME. CHANGES MAY HAVE BEEN MADE SINCE SUBSCRIBER’S LAST VISIT. SUBSCRIBER’S CONTINUED USE OF THE MOBILE APPLICATION AFTER CHANGES INDICATES SUBSCRIBER’S ACCEPTANCE OF THE CHANGES.

  1. Mobile Application Terms of Use

The mobile application is used by Sponsor to display business information, issue and redeem coupons, implement a loyalty program, and communicate with its subscribers via push notifications and two-way messaging (“Program”).  Generally, coupons and loyalty reward points have no cash value and are only redeemable for offered rewards. Sponsor reserves the right to discontinue the participation privileges of any subscriber who engages in any fraudulent activity or uses Sponsor’s promotional program in a manner inconsistent with the terms & conditions of offered promotions or with any federal, state, or local, laws, statutes, or ordinances. Discontinued participation privileges may result in the loss of all accumulated points. In addition, Sponsor shall have the right to take appropriate administrative and/or legal action, including criminal prosecution, as it deems necessary at its sole discretion.

Points are not the property of Subscriber and may be revoked at any time by Sponsor as set forth herein. Points may not be transferred or assigned by Subscriber. All questions or disputes regarding eligibility, collection or redemption of points, or Subscriber’s compliance with the terms & conditions will be resolved by Sponsor at its sole discretion. Subscribers are responsible for the payment of all taxes which may result from the points or reward(s) received as part of Program.

 

  1. General Terms of Use for Subscriber

Please refer to the general terms described for subscribers who receive informational or promotional messages from Sponsor by clicking http://gentraf.com/main/termsofuse_subscribers.php.

 

  1. Acceptable Use Policy

Service is powered by Gentraf, who may, at its sole discretion, determine whether any subscriber is in violation of its Acceptable Use Policy. Services may be used only for lawful purposes and may not be used for any illegal activities. Using Services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of Service is prohibited.

  1. Warranty Disclaimer

GENTRAF PROVIDES ITS SERVICE AND ALL RELATED CONTENT AND MATERIAL ON AN “AS IS” BASIS. GENTRAF MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, GENTRAF DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. GENTRAF DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA WITHIN SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED.

 

  1. Limitation of Liability

Sponsor, its parents, subsidiaries, affiliates, related companies, Gentraf, its subsidiaries, affiliates, resellers, related companies, software licensors, technology platform providers, technology resellers, advertising and promotion agencies and suppliers and each of its and their respective officers, directors, employees, shareholders and agents (collectively the “Released Parties”) are not responsible for incorrect or inaccurate transcription of information, for problems related to any of the equipment, software programming, or their data center operation associated with the promotion utilized by subscribers, for any human error, for any interruption, deletion, omission, defect, or line failure of any telephone, wireless or internet networks, cellular network, or electronic transmission, for problems relating to computer equipment, software, data, inability to access customer service, technical support or online service, or for any other technical or non-technical error, omission, or malfunction.

 

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL ANY OF THE RELEASED PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE PROMOTIONAL PROGRAM OR REWARDS OFFERED THROUGH THE COUPON, LOYALTY, OR OTHER PROMOTIONAL PROGRAMS, EVEN IF ANY OR ALL OF THE FOREGOING OR ANY OF THEIR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF SPONSOR IMPROPERLY DENIES A SUBSCRIBER ANY POINTS, LIABILITY WILL BE LIMITED TO THE EQUIVALENT NUMBER OF POINTS OR DUE DISCOUNTS. BY PARTICIPATING IN PROGRAM, SUBSCRIBERS WAIVE ANY AND ALL RIGHTS TO BRING ANY CLAIM OR ACTION RELATED TO SUCH MATTERS IN ANY FORUM BEYOND ONE YEAR AFTER THE FIRST OCCURRENCE OF THE KIND OF ACT, EVENT, CONDITION OR OMISSION UPON WHICH THE CLAIM OR ACTION IS BASED.
SUBSCRIBERS ACKNOWLEDGE THAT REWARDS ARE AWARDED AS-IS. RELEASED PARTIES MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LEGAL COMPLIANCE WITH RESPECT TO APPLICABLE LAWS OR NON-INFRINGEMENT AS REGARDS TO THE REWARDS OR ANY COMPONENTS THEREOF. VOID WHERE PROHIBITED, AS SOME JURISDICTIONS MAY NOT ALLOW LIMITATIONS OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES.

 

  1. Disputes

As a condition of participating in this Program, each subscriber agrees that: (i) any and all disputes, claims, and causes of action arising out of or connected with Program, including but not limited to rewards, discounts, loyalty points, and unsolicited messages, be resolved individually, without resort to any form of class action, and exclusively in Toronto. Ontario, Canada. (ii) any and all claims, judgments, and awards shall be limited to actual, direct out-of-pocket costs incurred, but in no event attorneys’ fees; and (iii) under no circumstances will subscribers be permitted to obtain awards for and subscriber hereby waives all rights to claim punitive, incidental, indirect, special and consequential damages and any other damages, other than for actual, direct out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATIONS OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY TO YOU. All issues and questions concerning the construction, validity, interpretation, and enforceability of the terms & conditions, or the rights and obligations of Subscriber and Sponsor in connection with Program, shall be governed by, and construed in accordance with the without giving effect to any choice of law or conflict of law rules.

 

  1. Entire Agreement

The terms & conditions constitute the entire agreement between Program participants or subscribers and Sponsor pertaining to the subject matter hereof and supersede all prior or other arrangements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these terms & conditions shall be deemed or shall constitute a waiver of any other provisions hereof (whether or not similar), nor shall waiver constitute a continuing waiver unless otherwise expressly provided. If any provision of these terms & conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of the terms & conditions, which will otherwise remain in full force and effect.
Program is in no way sponsored, endorsed or administered by, or associated with, Facebook, Google Inc., wireless carriers, phone manufacturers, or Apple, Inc.

If you are registering contact information on an Online Sign-up page or if you are signing up for a distribution list via mobile keyword.

 

Terms of Use

Mobile Text Summary Terms & Conditions:  Our mobile text messages are intended for recipients over the age of 13 and are delivered via Short Code 76000. You will receive 30 messages per month. Message & Data Rates May Apply. This service is available for subscribers on Aliant Mobility, Bell Mobility, Fido, Mobilicity, MTS, NorthernTel Mobility, Rogers Wireless, Sakstel Mobility, Telebac Mobilite, TELUS Mobility, Videotron, Virgin Mobile Canada, WIND Mobile. The list of US carriers include AT&T, Verizon Wireless, T-Mobile®, Sprint, Virgin Mobile USA, Cincinnati Bell, Centennial Wireless, U.S. Cellular®, Boost, and others in the US. Many international carriers are also supported. For help in Canada, text HELP to 76000. You may also email customercare@gentraf.com or call + 1 4168480059. You may stop mobile subscription at any time by sending text message STOP to Short Code 76000 in the Canada. Your phone must have text messaging capability.

Terms on this page apply to subscribers who sign up for distribution lists managed by users of the Gentraf service.

Information Collection

Your contact information (belonging to you, the subscriber) is collected by a Gentraf user on an opt-in basis and can be collected in different ways:

  • Gentraf users can collect your first name, last name, phone number, instant message (“IM”) screen name, email address and other custom data when you willingly subscribe to the Gentraf user’s Online Sign-up Page (“OSP”). A verification message will be sent to the email address, mobile phone number, and/or IM screen name that you have provided. You must verify each piece of contact information to begin receiving messages via the listed communication channels. If you do not verify the contact information you have provided on the OSP, you will not receive messages from that channel.
  • Gentraf user can also collect your mobile number when you text the Gentraf user’s mobile keyword to Gentraf’s short code. Certain SMS text features enable the collection of name, IM screen name, email address, or other customized information by asking you to reply via SMS texts with specific information. NOTE: Message and data rates may apply.
  • Gentraf user may have previously collected your contact information on an opt-in basis outside of the Gentraf system. The user states that your contact information was collected with your permission and you have prior express written consent to receive messages from the user.

Process to Unsubscribe From Gentraf

All subscribers have the ability to unsubscribe or change their personal subscription settings at any time.

To unsubscribe for:

  • Email: Click the ‘Unsubscribe’ link located at the bottom of each email.
  • Mobile Text: Text STOP to the short code that you do not wish to receive messages from.
    NOTE: Message and data rates may apply.
  • IM: Click the ‘Unsubscribe’ link located at the bottom of each instant message.
  • Voice Broadcasts: Follow the voice instruction/prompt when you receive a broadcast call, asking you to press 7 to unsubscribe from voice broadcast messages. You may also call 1-800-764-3090 to unsubscribe from prerecorded calls.

You may also call the Gentraf Unsubscribe Hotline at 1-866-866-0009 to unsubscribe at any time.

If you believe that your contact information was collected by a Gentraf user without your consent and would like to report spam, please click here or call 1-866-866-0009. When reporting the offending organization, please include the contact address or number that sent you the spam, the username of the sender, and the message or first few sentences of the message that you consider spam. Gentraf has a no tolerance spam policy.

NOTE: The Gentraf service is not intended for children under 13, and Gentraf does not knowingly collect information from children under the age of 13. Some Gentraf users may classify and rate their message content for recipients who are 13 years of age or older. Please observe content rating for intended audience before you sign up for any distribution list or mobile keyword.

Your Privacy

Gentraf may use or disclose information about you, including your personal information, under the following circumstances:

  • To provide you with products and services you request.
  • To anticipate and resolve problems and conflicts with our products and services.
  • For verification and authentication purposes in regards to requests or changes of any personal information or data related.
  • For other purposes communicated to you at the time you provide or authorize the use of your information.
  • To enforce our Terms of Use and Privacy Policy or other legal agreements.
  • To outsource any of the tasks referenced in this Terms of Use and Privacy Policy, such as customer service.
  • In response to a subpoena, court order, or other legal process.
  • To establish or exercise our legal rights or defend against legal claims.
  • To share with a company controlled by, or under common control with Gentraf for any purpose permitted by our Terms of Use and Privacy Policy.
  • When Gentraf believes such use or disclosure is (a) necessary in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or situations involving potential threats to the physical safety of any person, or (b) required by law.
  • In the event of a merger, acquisition, consolidation, divestiture, or bankruptcy of Gentraf.
If you are or trying to become a Gentraf user so that you can send messages to your subscribers.

Terms of Use (for Gentraf Users)

The terms and conditions on this page apply equally to both users of the standard Gentraf service and developers using Application Programming Interface (“API”).

PLEASE READ THESE TERMS OF USE CAREFULLY. CHANGES MAY HAVE BEEN MADE SINCE YOUR LAST VISIT TO THIS WEBSITE. BY USING THIS SERVICE (ALSO REFERRED TO AS “WEBSITE”), WHETHER THROUGH OUR WEBSITE OR THROUGH AN API, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DISCONTINUE USE OF THIS SERVICE IMMEDIATELY. YOU AGREE TO INCORPORATE THESE POLICIES INTO YOUR OWN PRODUCTS THAT MAY BE DERIVED FROM Gentraf SERVICES AND POLICIES RELATING THERETO AND ENSURE THAT YOUR CUSTOMERS ADHERE TO THESE TERMS.

Gentraf reserves the right, at its sole discretion, to modify or change these Terms of Use at any time without prior notice by posting them to Gentraf’s website. You must visit this page to review the current Terms of Use on a regular basis. Your continued use of the service following any changes to the Terms of Use constitutes your full acceptance of those changes.

Gentraf provides businesses and organizations with a variety of tools to collect names, phone numbers, instant message screen names, and email addresses on a 100% opt-in basis. Gentraf’s service may NOT be used for sending any unsolicited messages (sometimes called “spam”) under any circumstances. You agree to the privacy and anti-spam policies described in this document and agree to enforce anyone using your account to adhere to permission-based marketing practices respecting the privacy and anti-spam policies described on this page and as required by law. You agree to take full responsibility and accept legal consequences of any action taken by anyone using your account.

Gentraf will not use your database or any other private information stored in your account for any purpose other than those intended with or to preserve legal compliance of the service.

Privacy and Anti-SPAM Policies

Gentraf has a no-tolerance SPAM policy. Although Gentraf does not assume the duty or obligation to monitor any messages created, posted, or sent by you or any third parties, Gentraf reserves the right, in its sole and absolute discretion, to monitor any and all messages created or sent by you or any third parties at any time without prior notice to ensure that they conform to any usage guidelines or policies relating to our Website or Services.

Any Gentraf user found to be sending SPAM or any other message reasonably believed by Gentraf to be in violation of these Terms of Use or other applicable law will be immediately suspended without refund from further use of the service without notice. Evading Gentraf’s monitoring system or the delivery of undetected SPAM messages through the system violates these Terms of Use. If you know of or suspect any violators, please notify us immediately by clicking here.

Every outgoing email and instant message via the Gentraf service must contain a mandatory unsubscribe link that allows the recipient to remove themselves from your distribution list(s). Voice broadcasts must also include verbal instructions on how to be removed from your calling list. In the case of mobile messages, all messages must conform to the then-current Best Practices Guidelines published by the Mobile Marketing Association (currently available at http://www.mmaglobal.com/policies/consumer-best-practices), which you agree to review before using Gentraf’s service. For example, and without limitation, every outgoing email must contain a mandatory unsubscribe option, and recipients of SMS messages should be provided with “STOP” instructions. If Gentraf learns that an unsubscribe link is removed or de-activated in any way, or if the SMS STOP verbiage is omitted, Gentraf will suspend the customer’s account without notice.

The following discussion (ending at the “Warranty Disclaimer” section) is meant to introduce you to the concepts of SPAM and the general contours of a responsible, consent-based campaign. It is illustrative only and is not intended to be an exclusive source of your duties in complying with all applicable laws and regulations relating to your use of Gentraf’s service. In the event of any conflict between the discussions below and any law or regulation, you are to follow the applicable law or regulation.

  • What is SPAM? Spam is any type of unsolicited message. You should not assume a preexisting relationship to be a substitute for explicit permission to send messages. For example: if your customer disclosed a mobile number in the normal course of business but did not specifically give you permission to receive your message, you cannot send messages to the number. Before using Gentraf’service, you agree to review and abide by the following list of resources, as they may be amended over time:
  • What constitutes consent? The recipient of your messages has been clearly and fully notified of the collection and use of his or her contact information and has consented as required by law, prior to receiving your calls or messages. You will have to obtain consent from the recipient of your messages, even if you previously had a business relationship with the recipient. If any person purchased a product or service from you or partakes in an event, meeting, conference, or general gathering, or if a person “Likes” or “Follows” your business on Facebook or Twitter, that person does not adequately consent to receiving messages from you. If you require people to confirm their opt-in to your system, but have not received a response from those people, you do not have sufficient consent and may not send messages to those individuals. Subscribers must also be aware that consent is not a condition of purchase.
  • What constitutes prior express written consent? If you are sending text or voice messages for solicitation purposes, then your campaign must meet the “prior express written consent” standard. The revised TCPA rule defines “prior express written consent” as a signed written agreement that clearly and conspicuously discloses to the consumer that:
    • By signing the agreement, he or she authorizes the seller to deliver telemarketing messages to a designated phone number using an automatic telephone dialing system and
    • The consumer is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.
  • The required signature may be obtained in compliance with the E-SIGN Act, including via an e-mail, website form, text message, telephone key press, or voice recording. For more details for the revised TCPA rule, click here.
  • You agree you will not access or otherwise use ANY third party mailing lists of email addresses, instant message screen names, or phone numbers, or otherwise prepare or distribute unsolicited messages in connection with our service.
  • You agree to import, add, edit, access or otherwise use only lists for which all listed parties have opted in to receive correspondence from you (“Permission-Based Lists”). You hereby covenant that you shall not use any other lists in connection with your use of the service. Importing of phone numbers is prohibited without tangible proof of subscribers’ prior express written consent to receive solicitation messages, which you shall retain. Gentraf reserves the right, in its sole and absolute discretion, to deny access to the import feature or require you to comply with a stringent qualification process, to prove the method of opt-in, to provide evidence of opt-in, your legal identity and/or your organization’s identity.
  • You agree to comply with all local, state and federal regulations and general practices governing your specific content or promotion type. Content affiliated with pornographic or sexually explicit material or alcoholic beverages is prohibited. In particular, alcoholic beverages or entertainment content or promotions targeted to people under 21 years of age may not be sent through Gentraf’s service.
  • You will adopt and maintain the Privacy Policy, which may be modified by Gentraf at any time for any reason.
  • You consent to all terms set forth in Gentraf’s Import Agreement.
  • You agree to identify your organization, product and service accurately and not deceive your recipients in any message with reference to your identity, offering, availability, pricing, benefits, or any other aspects of your communication.

Acceptable Use Policy

Gentraf may, in its sole discretion, determine whether you are in violation of this Acceptable Use Policy. Its services may be used only for lawful purposes and may not be used for any illegal activities. Using the services in an illegal, abusive or any other manner that interferes with or diminishes others’ use and enjoyment of the services is prohibited.

The following list gives examples of illegal, abusive, interfering or otherwise unacceptable or inappropriate use of the services. This list is provided by way of example and shall not be considered exhaustive.

  • Adversely impacting the availability, reliability, or stability of Gentraf’s services.
  • Launching or facilitating, whether intentionally or unintentionally, a denial of service attack on any of Gentraf’services.
  • Attempting to bypass or break any security mechanism on any of the services or using the services in any other manner that poses a security or service risk to Gentraf, to any user of our services, or to any of our or their respective customers.
  • Testing or reverse-engineering the services in order to find limitations, vulnerabilities, or evade filtering capabilities.
  • Using the services in any manner that may subject Gentraf or any third party to liability, damages or danger.
  • Using the services in any manner that violates any applicable third party policies or requirements that Gentraf has communicated to the customer.
  • Using the services in any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards.
  • Engaging in fraud with respect to your account.
  • Using your account to engage in fraudulent activity with respect to third parties or otherwise using your account to bypass phone identification systems such as those by classified advertising websites.
  • Using any of the Gentraf property or Gentraf trademark or copyright other than as expressly permitted in this agreement.
  • Transmitting any material that may infringe the intellectual property rights or other rights of third parties, including but not limited to trademark, copyright or rights of publicity or otherwise violating, infringing, or misappropriating the rights of any third party.
  • Engaging in spamming or other unsolicited marketing or other activities that violate anti-spamming laws and regulations. Laws and regulations may include, but not limited to, the CAN SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act.
  • Using the services in connection with any unsolicited or harassing messages (commercial or otherwise) including, but not limited to, unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
  • Offering any Emergency Services to users. “Emergency Services” shall mean services that allow a user to connect with emergency services personnel or public safety answering points such as 911 or E911 services.
  • Promoting or engaging in illegal activities.
  • Engaging in activities or transmitting through the services any information that may be libelous or defamatory or otherwise malicious or harmful to any person or entity, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Harvesting or otherwise collecting information about others, including email addresses or phone numbers without their consent.
  • Creating a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call using your account.
  • Transmitting any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
  • Violating or facilitating the violation of any U.S. or foreign law regarding the transmission of technical data or software.
  • Interfering with or disrupting networks connected to the services or violating the regulations, policies or procedures of such networks.
  • Improperly engaging in activity for which the United States Federal Communications Commission has restricted or regulated with regard to proper use of the public telephone network.
  • Using the services, or a component of the services, in a manner not authorized by Gentraf.

Warranty Disclaimer

GENTRAF PROVIDES ITS SERVICE AND ALL RELATED CONTENT AND MATERIAL ON AN “AS IS” BASIS. GENTRAF AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. EXCEPT TO THE EXTENT PROHIBITED BY LAW, GENTRAF DISCLAIMS ALL WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE. GENTRAF DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED, WILL BE UNINTERRUPTED OR ERROR FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT THE DATA YOU STORE WITHIN THE SERVICES WILL BE SECURE OR NOT OTHERWISE LOST OR DAMAGED. ALTHOUGH GENTRAF SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTIONS, GENTRAF WILL ATTEMPT TO REROUTE TRAFFIC THROUGH ANOTHER SHARED SHORT CODE IF THE PRIMARY SHORT CODE IS EXPERIENCING TECHNICAL DIFFICULTIES. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM US OR FROM ANY THIRD PARTY THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

Indemnification

You hereby agree to defend, indemnify and hold harmless Gentraf and its business or technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys’ fees) arising out of or in connection with any claim or action such as (i) any act or omission that, if true, would constitute a breach of this Agreement, (ii) your use of Gentraf’s service in a manner not authorized by these Terms, and/or in violation of the applicable restrictions herein, and/or applicable law, (iii) any privacy violation or spam alleged to have been committed or sent by you through your use of the service, or (iv) otherwise arises from or relates to your use of the service. In addition, you acknowledge and agree that Gentraf has the right to seek and recover all of its damages caused by you when you use the service for unlawful purposes, in an unlawful manner, in a manner that violates Gentraf’s privacy, acceptable use, import, and/or anti-spam policies, and/or in a manner inconsistent with the terms of this Agreement, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages. The terms of this section shall survive the termination of your relationship with Gentraf.

Termination

You may terminate this Agreement at any time by notifying Gentraf’s Customer Support. Lack of activity in your account does not automatically terminate your account, and you are still liable for service fees until you specifically cancel your account. You understand and agree that Gentraf will make no refund to you of any fees paid regardless of whether the service may or may not have been used or logged into.

Gentraf may terminate this Agreement or the service, disable your account or deactivate your account in each case at any time with or without cause, and with or without notice. Gentraf shall have no liability to you or any third party because of such termination or action. Gentraf may delete any of your archived data within 30 days after the date of termination. If your account has not been cancelled and is classified as inactive by Gentraf for at least 90 days, Gentraf has the right to permanently delete all of your account data with no ability to recover such data at its discretion. You agree to pay any and all applicable fees through the date of Gentraf’s purging of your data.

Prohibited Content

In addition to and without limiting its Acceptable Use Policy, Gentraf prohibits the use of the service in any manner that, and by any business, person, or entity that:

  • Uses sexual or pornographic content.
  • Provides, sells or offers to sell any of the following products/content or services related to the same: pornography or illicitly pornographic sexual products (such as magazines, video, and software), escort services, illegal goods, illegal drugs, illegal drug contraband, pirated computer programs, or instructions on how to assemble or otherwise make bombs or other weapons.
  • Displays or markets material that exploits children, or otherwise exploits children under 18 years of age.
  • Sends materials, contents, and promotions of items that are not appropriate for children under 18 years of age based on the general practices of your industry or the community that you serve without clearly identifying age limitation for consuming your content.
  • Provides, sells or offers products, services or content frequently associated with unsolicited commercial messages (a.k.a. spam). Examples are online and direct pharmaceutical sales (includes health and sexual well-being products, etc.), work at home businesses, credit or finance management (includes credit repair, debt relief offerings, stock and trading tips, etc.), and mortgage finance offers, claim of lost bank accounts or inheritances, and odds making and betting/gambling services (includes poker, casino games, horse and dog racing, college and pro sporting events, etc.).
  • Provides material that is grossly offensive including blatant expressions of bigotry, prejudice, racism, hatred or excessive profanity, etc. Or posts any obscene, lewd, lascivious, filthy, excessively violent, harassing or otherwise objectionable content.
  • Posts or discloses any personally identifying information or private information about children without their prior express written consent (or their parents’ prior express written consent in the case of a minor).
  • Sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
  • Introduces viruses, worms, harmful code and/or Trojan horses on the Internet.
  • Promotes, solicits or participates in pyramid schemes or multi-level channel and/or network marketing (MLM) businesses including, but not limited to, personal work-at-home offers promoting “get rich quick”, “build your wealth” and “financial independence” offerings.
  • Engages in any libelous, defamatory, scandalous, threatening, harassing activity.
  • Posts any content that advocates, promotes or otherwise encourages violence against any governments, organizations, groups or individuals or which provides instruction, information or assistance in causing or carrying out such violence.
  • Provides content including images of authors, artists, photographers or others without the prior express written consent of the content owner.

Acknowledgements

Subject in each case to the terms listed in the remainder of this Agreement, you hereby acknowledge and agree that:

  • The service may only be used for lawful purposes.
  • The service will be subject to monthly subscription fees after the initial trial period if the user decides to purchase the service.
  • You acknowledge that the use of certain features may not be permissible under the laws of all jurisdictions, and further acknowledge and agree that you have sole legal control, responsibility, and liability for compliance with any such laws.
  • You are not allowed to import or incorporate into any contact lists, messages, social campaigns or upload to our servers any of the following information: social security numbers, national insurance numbers, credit cards, passwords, security credentials, or sensitive personal or health information of any kind.
  • If any provision of the Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
  • Gentraf and you agree that this Agreement is a factual and necessary statement of the mutual understanding of the parties, relating to the subject matter of this Agreement, and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement will be honored with any Gentraf representative. No delay or omission by Gentraf in exercising any right or remedy under this Agreement or existing at law or equity shall be considered a waiver of such right or remedy.
  • No agency, partnership, joint venture, or employment is created as a result of the Agreement, and you do not have any authority of any kind to bind Gentraf in any respect whatsoever.
  • In any action or proceeding with you to enforce Gentraf’s rights under the Agreement, you agree that Gentraf will be entitled to recover its costs and attorneys’ fees.
  • The Agreement shall be governed by the laws of the state of California, without regard to its choice of law or conflict of law’s provisions. All legal actions in connection with the Agreement shall be brought in the state or federal courts located nearest to Los Angeles, California.
  • Gentraf, at its own discretion and at any time, may immediately disable your access to the service without refund if Gentraf believes that you have violated any of the policies listed above or anywhere else in this Agreement.

NOTE: Users of the Gentraf API (by software developers) are equally subject to every aspect of this Terms of Use.

If you have any questions, concerns, or comments about the Terms of Use, you may click here to contact us.