Terms

These terms apply to any entity, hereafter referred to as “COMPANY” with which MessageSpark or its local partners, hereafter referred to as “PROVIDER,” has been engaged to provide text message marketing and web management services on behalf of COMPANY.

Offers/deals/rewards must be honored by COMPANY as presented on website, kiosk or text message, through their posted expiration date.

Exclusive offers must meet all legal requirements regarding advertising, giveaways, promotions, etc. as determined by COMPANY.

COMPANY shall adhere to the conditions of Engagement Agreement, including fees, initial term and cancellation. Cancellations must be received in writing by PROVIDER. After initial contract term, default  term will be monthly, auto renewing every 30 days from service start date.

COMPANY plan will be upgraded automatically based upon total number of Subscribers. For example, when COMPANY acquires 501–1,000 subscribers, the plan price will be upgraded to $399 a month.

COMPANY will be charged on the day of change (if additional fees apply) and monthly billing date will commence each month thereafter on that same day.

The Telephone Consumer Protection Act (“TCPA”) and wireless carriers requires each campaign subscriber to be informed that they will be sent advertising to their mobile phone (opt-in message). Each NEW subscriber will be sent this message ONE time and it counts as ONE text message used. You must comply with all aspects of the law including, without limitation, the TCPA when utilizing the text messaging services. Only the COMPANY’S subscribers shall directly enter their wireless number into the Loyalty Kiosk and COMPANY shall not otherwise directly or manually enter a subscriber’s wireless number into the system.

COMPANY will not be charged for incoming messages. COMPANY offers can be scheduled up to 365 days in advance. Minimum 24hr notice for unscheduled text message broadcasts.

Hardware, including Loyalty Kiosk (Tablet), stand and signage is the sole property of the PROVIDER. A replacement fee of $249 will be charged to the COMPANY in the event of loss or damage to the tablet.

Due to the sensitive nature of mobile phone information, all campaign subscriber information is the property of PROVIDER, including cell phone numbers, names, email addresses etc. COMPANY may request a report of current subscriber list; approval is subject to regulatory review. Upon termination of service, COMPANY forfeits all subscriber lists. COMPANY shall not collect or broadcast to unsolicited or unauthorized mobile numbers.

COMPANY, at its own expense, will indemnify, defend, and hold harmless PROVIDER, its affiliates, licensors, and each of its respective employees, officers, directors, representatives, and agents from and against all losses, damages, liabilities, settlements, costs and expenses including attorney’s fees arising out of or related to any claim or action by a third party arising out of or relating to COMPANY’s use of the PROVIDER’s service or affiliation with PROVIDER.

PROVIDER reserves the right to from time to time amend, supplement or modify the terms of this agreement. If you do not agree to be bound by or cannot comply with the agreement as amended, your only remedy is to stop using the services. You will be deemed to have accepted this agreement as amended if you continue to use the service.

COMPANY will not utilize PROVIDER services for any activity that is unlawful, false, inaccurate, misleading, harmful, threatening, abusive, harassing, defamatory, invasive of another’s privacy, hateful, or otherwise objectionable.

PROVIDER may, at its sole and absolute discretion, suspend or terminate the provision of any or all advertising services at any time for violation of any of the terms and conditions of use. Unauthorized use of this service may give rise to a claim for damages and/or be a criminal offense.


Privacy

MessageSpark is operated by SpendSmart Networks, Inc. (“SpendSmart”). SpendSmart recognizes the importance of protecting the personal privacy of visitors to this website. The following Privacy Policy describes the types of information SpendSmart may collect and permissible use of that information.

Please read our Terms of Use to understand the general rules about your use of this website. Except as written in any other disclaimers, policies, terms of use or other notices on this website, this Privacy Policy and the Terms of Use are the complete agreement between you and SpendSmart with respect to your use of this website. You may be subject to additional terms that may apply when you access particular services or materials on certain areas in this website, by licensing or subscribing to one our products or by following a link from this website.

Please take a few minutes to review this Privacy Policy before using our website. By using this website you are agreeing to the terms of this Privacy Policy and you consent to the collection and use of information in the manner described below. If you do not agree to the terms of this Privacy Policy or our collection, use and disclosure of your personal information as set forth in this Privacy Policy, please exit and do not use our website.

Collection and Use of Personal Information

SpendSmart does not collect any personal information (name, address, e-mail address, telephone number, etc.) through this website unless you provide it to us voluntarily. SpendSmart may ask you for personal information to respond to your questions; to process or fulfill your request or employment inquiry. In some instances, SpendSmart may need additional personal information in order to process or fulfill your request or employment inquiry. The decision to provide the additional information rests with you. 

SpendSmart may keep and use personal information we collect from you through this website to provide you with access to this website. In addition, we may keep and use your personal information:

  • to respond to your requests
  • to develop records, including records of your personal information
  • to contact you with information that might be of interest to you, including information about our products and services
  • for analytical purposes and to research, develop and improve programs, products, services and content
  • to remove your personal identifiers (your name, e-mail address, etc.). In this case, you would no longer be identified as a single unique individual. Once we have de-identified information, it is non-personal information and we may treat it like other non-personal information.
  • to enforce this Privacy Policy and other rules about your use of this website
  • to protect our rights or property
  • to protect someone’s health, safety or welfare
  • to comply with a law or regulation, court order or other legal process

SpendSmart will not share your personal information with third parties without your permission, except as otherwise necessary to comply with any applicable law, court order or other judicial process. SpendSmart may occasionally hire other companies to provide certain services on its behalf. SpendSmart may provide such companies with the minimum amount of personal information necessary to deliver the service. SpendSmart will take reasonable steps to ensure that any personal information shared under these circumstances will not be used for any other purposes.

SpendSmart does not sell or provide personal information data to non-affiliated third parties for promotional purposes, and you will not receive e-mails or mailings concerning SpendSmart or its products or services unless you specifically elect to receive such information.

Collection and Use of Non-Personal or Statistical Information

When you connect to this website, SpendSmart may automatically collect technical, non-personal information. Examples include the type of Internet browser used, your computer operating system and the IP address of the website from which you linked to this website. SpendSmart may share aggregate website statistical information (such as sales, traffic patterns or related information) with third parties to develop ideas for improving this website and the products or services offered through this website. No such shared statistics will contain any personal information.

Cookies

When viewing this website, information in the form of a “cookie” or similar file may also be stored on your computer. This information helps SpendSmart to tailor this website in a manner to better match your interests and preferences. If you do not wish to receive cookies or want to be notified when they are placed on your computer, many Internet browsers allow you to erase existing “cookies,” block cookies, or warn you before a cookie is stored on your computer. Consult your specific browser’s instructions to learn more about these features.

Modification or Deletion of Personal Information

If you need to change or correct any personal information provided to us, or wish to have all personal information we have collected removed from our files, please contact us and we will take reasonable steps to comply with your request.

Security

Security is very important to SpendSmart. SpendSmart also understands that security is important to you. Although no system is 100% immune from external attack, SpendSmart has taken commercially reasonable measures to prevent unauthorized access to and improper use of your personal information.

Children Under the Age of 13

SpendSmart cares about protecting the online privacy of children. We will not intentionally collect any personal information (such as a child’s name or e-mail address) from children under the age of 13. If you think that we have collected personal information from a child under the age of 13, please contact us.

Storage of Information

SpendSmart is headquartered in the United States. This website governed by this Privacy Policy is hosted on servers located in the United States, although SpendSmart reserves the right to relocate this website to other servers elsewhere in the world. Your personal information may be stored on servers located within the United States or in another country. In addition, SpendSmart may transfer your personal information to service providers and others located in the United States or another country for the purposes described in this Privacy Policy. Different countries have different privacy laws and requirements, and some provide less legal protection for your personal information than others. By using this website, you are consenting to the collection, use and transfer of your personal information in or to the United States or to any other country in the world subject to the terms of this Privacy Policy.

Scope of Privacy Policy and Third Party Sites

This Privacy Policy applies only to this website. The privacy policy of other websites, including those accessible by links from this website, may differ from ours. We encourage you to read the privacy policy for each website you visit, to ensure you understand and agree with the applicable policy.

Changes to Privacy Policy

SpendSmart reserves the right to change this Privacy Policy at any time without notice. Revisions to this Privacy Policy are effective upon posting and apply only to data collected thereafter. You should periodically visit this website to review the current Terms of Use and this Privacy Policy.