This Terms of Service Agreement (“Agreement”) outlines the terms and conditions that govern your use of our SMS platform (“Platform”) provided by Grow Moringa Collective LLC (“Company”). By using our SMS services, you agree to be bound by the terms and conditions set forth in this Agreement.
1. Compliance with Applicable Laws: You acknowledge that it is your responsibility to comply with all applicable laws and regulations regarding SMS marketing, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and other relevant legislation in your jurisdiction.
2. Consent and Opt-In: You must obtain proper consent and opt-in from individuals before sending them SMS messages. This includes maintaining records of consent, providing clear information on the scope and frequency of messages, and offering an easy opt-out mechanism.
3. Message Content: You agree to only send lawful, relevant, and non-misleading messages. You shall not send messages that contain offensive, infringing, or illegal content, including but not limited to spam, scams, or unsolicited advertisements.
4. Privacy and Data Protection: We are committed to protecting your privacy and complying with applicable data protection laws. We will handle your personal information in accordance with our Privacy Policy, which is incorporated by reference into this Agreement.
5. Message Delivery: While we strive for uninterrupted and timely message delivery, we cannot guarantee that messages will always be delivered promptly, as delivery may be affected by factors beyond our control, such as network failures or recipient handset compatibility.
6. Indemnification: You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses arising out of or relating to your use of the Platform or any violation of this Agreement.
7. Limitation of Liability: In no event shall the Company be liable for any indirect, consequential, incidental, special, or punitive damages arising out of or in connection with this Agreement, even if advised of the possibility of such damages. Our liability, if any, shall be limited to the amount you paid for the SMS services provided.
8. Modification of Agreement: The Company reserves the right to modify or update this Agreement at any time. Any changes will be effective upon posting the updated Agreement on our website or notifying you by email. Your continued use of the Platform after such modifications constitutes your acceptance of the revised Agreement.
9. Termination: Either party may terminate this Agreement at any time, for any reason, by providing written notice to the other party. Upon termination, you shall cease using our SMS services, and any outstanding fees or obligations shall become immediately due and payable.
10. Governing Law: This Agreement shall be governed by and construed in accordance with the laws of Florida. Any disputes arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts of Florida.
11. Compliance with SMS Regulations: You acknowledge that our SMS services are subject to regulations specific to the telecommunications industry. You agree to comply with all applicable laws, rules, and regulations governing SMS messaging, including but not limited to those set forth by the Federal Communications Commission (FCC) and the Cellular Telecommunications Industry Association (CTIA).
12. User Responsibilities: You understand and agree that you are solely responsible for the content and accuracy of the SMS messages you send using our Platform. You shall not engage in any illegal, fraudulent, or deceptive activities, including the unauthorized use of another party’s identity, intellectual property rights, or confidential information.
13. Opt-Out and Compliance: You shall provide recipients with a clear and prominent opt-out mechanism, allowing them to unsubscribe from receiving further SMS messages. You agree to promptly honor opt-out requests and update your recipient list accordingly to maintain compliance and respect user preferences.
14. User Account and Security: You are responsible for safeguarding the confidentiality of your account credentials and are liable for all activities conducted through your account. You shall notify us immediately of any unauthorized access, use, or suspected breach of security related to your account.
15. Intellectual Property: You acknowledge that all intellectual property rights, including but not limited to copyrights, trademarks, and trade secrets, relating to our Platform and services, are owned by the Company. You agree not to reproduce, modify, distribute, or create derivative works based on our Platform without our prior written consent.
16. Service Availability: We will make reasonable efforts to maintain the availability and functionality of our Platform. However, we do not guarantee uninterrupted access to our services and reserve the right to suspend or terminate your access temporarily or permanently, with or without notice, for any reason.
17. Confidentiality: Any non-public information or material provided by either party to the other in connection with this Agreement shall be deemed confidential and shall not be disclosed to any third party without the disclosing party’s prior written consent, except as required by law.
18. Entire Agreement: This Agreement constitutes the entire understanding between you and the Company regarding the use of our SMS services and supersedes any prior agreements, understandings, or representations, whether oral or written.
19. Compliance with Data Privacy and Sharing:
a. Data Collection and Use: You acknowledge and agree that the Company may collect and process certain personal information in accordance with applicable data protection laws. The information collected may include but is not limited to phone numbers, names, and other contact details necessary for the provision of SMS services. The Company shall handle personal data in accordance with its Privacy Policy, which is incorporated into this Agreement.
b. Data Protection and Security: The Company implements reasonable technical and organizational measures to protect the personal data collected and processed through its SMS services. However, you understand that no method of transmission or storage can guarantee absolute security. You agree that the Company shall not be liable for any unauthorized access, disclosure, or loss of personal data beyond its reasonable control.
c. Data Sharing and Third Parties: The Company may engage third-party service providers or subprocessors to assist in the provision of SMS services. By using our services, you consent to the transfer, processing, and storage of personal data by such subprocessors, solely for the purpose of providing the agreed-upon SMS services. The Company will ensure that any subprocessor engaged is contractually obligated to provide an adequate level of data protection.
d. Consent and User Rights: You shall only provide personal data to the Company for which you have obtained the necessary consents and are in compliance with applicable data protection laws. You are responsible for ensuring that any personal data shared with the Company is accurate and up to date. Individuals whose personal data is processed through our SMS services have the right to access, rectify, and delete their data as provided by applicable laws.
e. Purpose Limitation: The Company will only process personal data collected through its SMS services for the purpose of providing and improving the services. The Company will not use personal data for any other purpose without obtaining the necessary consent from the individuals concerned, except as required by law or as set forth in the Privacy Policy.
f. Data Retention: The Company will retain personal data for as long as necessary to fulfill the purposes outlined in this Agreement, or as required by law. Upon termination of the agreement, the Company shall delete or anonymize personal data, unless otherwise specified by applicable laws or if the data is necessary for legal or legitimate business purposes.
g. International Data Transfers: The Company may transfer and store personal data outside of the country in which it was collected, including to countries that may have different data protection laws. In such cases, the Company will implement appropriate safeguards to ensure the protection of personal data in accordance with applicable legal requirements.
Please carefully review this compliance section regarding data privacy and sharing. By using our SMS services, you acknowledge and agree to comply with all the data privacy obligations set forth in this Agreement. If you have any questions or concerns regarding data privacy, please contact our legal department for further clarification.
Date: 10/28/2023
Grow Moringa Collective LLC
5411 Doc Pricher Rd. Plant City, FL 33565
