Common use of Text Messaging Terms and Conditions Clause in Contracts

Text Messaging Terms and Conditions. (a) Kerauno Launch offers a mechanism for Persons to opt-out of receiving Text Messages from Customer. Customer represents and warrants that it shall include opt-out capabilities in each Message if required by Law, and Customer accepts sole responsibility for making that determination. If a Subscriber sends an explicit and unambiguous opt-out request directly to the Kerauno Launch Platform by a Subscriber originated Text Message via mobile handset origination, then KSG will confirm the opt-out with one subsequent message, or otherwise as in accordance with Law. Unless requested by Customer and required by Law, KSG will not send an opt-out confirmation in respect of any other Subscriber opt-out request (e.g. an ambiguous Text Message, or an opt-out request initiated online, via the web, by voice call, or letter addressed to a street address); Customer accepts sole responsibility for determining whether such confirmation is required by Law and for instructing KSG to send out such messages if so required, (b) KSG uses all commercially reasonable efforts to ensure the accuracy of its List Profile Report service; but all such data is provided by the Providers. To that end, KSG makes no representation or warranty of any kind regarding the accuracy of such data returned from the List Profile Report service. Notwithstanding KSG’s efforts, Customer acknowledges and agrees that it is solely responsible for ensuring the propriety of using the Recipient Numbers provided to KSG, (c) Short Codes are required for Customer Messages. For Dedicated Short Codes, KSG may require up to 12 weeks, depending on the Provider, to provision the Short Code for a Customer. Delays may occur if Customer does not respond quickly to requests such as for information and for payment. The applicable timeframe is also dependent upon the responsiveness of the Providers, and KSG will not be held liable for such provisioning delays from specific Providers or Customers, or for reasons outside of KSG’s control, (d) Random Short Codes provisioned for use, or other forms of Shared Shortcodes, are owned exclusively by KSG and may be shared among multiple KSG customers. At Customer’s own expense, and for its own use, Customer may lease a Random Short Code, or purchase a Vanity Short Code. At all times a Short Code is active, Customer will be billed for all inbound Text Messages received, as well any responses to these inbound Text Messages,

Text Messaging Terms and Conditions. (a) Kerauno Launch offers a mechanism for Persons to opt-out of receiving Text Messages from Customer. Customer represents and warrants that it shall include opt-out capabilities in each Message if required by Law, and Customer accepts sole responsibility for making that `determination. If a message is sent between the hours 9 p.m. and 8 a.m. the Customer agrees to add a statement that the text message is informational and not Telemarketing. If a Subscriber sends an explicit and unambiguous opt-out request directly to the Kerauno Launch Platform by a Subscriber originated Text Message via mobile handset origination, then KSG will confirm the opt-out with one subsequent message, or otherwise as in accordance with Law. Unless requested by Customer and required by Law, KSG will not send an opt-out confirmation in respect of any other Subscriber opt-out request (e.g. an ambiguous Text Message, or an opt-out request initiated online, via the web, by voice call, or letter addressed to a street address); Customer accepts sole responsibility for determining whether such confirmation is required by Law and for instructing KSG to send out such messages if so required, (b) KSG uses all commercially reasonable efforts to ensure the accuracy of its List Profile Report service; but all such data is provided by the Providers. To that end, KSG makes no representation or warranty of any kind regarding the accuracy of such data returned from the List Profile Report service. Notwithstanding KSG’s efforts, Customer acknowledges and agrees that it is solely responsible for ensuring the propriety of using the Recipient Numbers provided to KSG, (c) Short Codes are required for Customer Messages. For Dedicated Short Codes, KSG may require up to 12 weeks, depending on the Provider, to provision the Short Code for a Customer. Delays may occur if Customer does not respond quickly to requests such as for information and for payment. The applicable timeframe is also dependent upon the responsiveness of the Providers, and KSG will not be held liable for such provisioning delays from specific Providers or Customers, or for reasons outside of KSG’s control, (d) Random Short Codes provisioned for use, or other forms of Shared Shortcodes, are owned exclusively by KSG and may be shared among multiple KSG customers. At Customer’s own expense, and for its own use, Customer may lease a Random Short Code, or purchase a Vanity Short Code. At all times a Short Code is active, Customer will be billed for all inbound Text Messages received, as well any responses to these inbound Text Messages,, (e) Long Code Numbers, which are ten (10) digit telephone numbers in the Kerauno Launch application, are owned and maintained exclusively by KSG, and as such are not portable to any other telephony service.

Text Messaging Terms and Conditions. Without limiting any other provision in this Agreement, Xxxxxxxx agrees to the following terms and conditions in this Article. (a) Kerauno Launch offers a mechanism Customer shall be solely responsible for Persons instructing KLaunch to opt-out Initiate its desired Messages. The Customer further agrees and acknowledges that KLaunch is not the sender of receiving Text the Messages from Initiated by Customer. ’s use of KLaunch, (b) Customer represents and warrants that it shall include opt-out capabilities in each Message if required by LawKLaunch will have no liability, and that Customer accepts sole responsibility shall provide and be solely responsible in all respects, for: (i) the Recipient Numbers to which the Messages are to be transmitted, ensuring that Recipient Numbers are the correct Recipient Numbers for making that determination. If a Subscriber sends an explicit the Person, and unambiguous opt-out request directly to will have been obtained and used at all times under the Kerauno Launch Platform by a Subscriber originated Text Message via mobile handset originationAgreement, then KSG will confirm the opt-out in compliance with one subsequent messageall applicable Laws and do not include (A) emergency lines, including those of any hospital, medical center, health care facility, poison control center, fire protection agency, or otherwise as in accordance with Law. Unless requested by Customer and required by Lawlaw enforcement agency, KSG will not send an opt-out confirmation in respect of (B) any other Subscriber opt-out request (e.g. an ambiguous Text Messagenumber assigned to a paging service, cellular telephone service, or an opt-out request initiated onlineother wireless service, via the web, by voice callunless appropriate consents have been obtained, or letter addressed (C) any number to a street addresswhich automated dialing or prerecorded message calls are prohibited under applicable Laws; (ii) establishing and providing the time(s), date(s) and delivery schedule(s) with respect to Messages, ensuring that (A) no Telemarketing Message is transmitted before 8 a.m. or after 9 p.m. local time at the Person’s location, and (B) no Messages, including Telemarketing Messages, are transmitted outside of hours allowable under applicable Laws; Customer accepts sole responsibility for determining whether such confirmation is required by Law and for instructing KSG to send out such messages if so required(iii) Customer’s holding contests, sweepstakes or similar events using KLaunch, (bc) KSG uses all KLaunch will use commercially reasonable efforts to ensure the accuracy of its List Profile Report service; but all such data is provided that KLaunch conveys Customer’s Messages as directed by the Providers. To that end, KSG makes no representation or warranty of any kind regarding the accuracy of such data returned from the List Profile Report service. Notwithstanding KSG’s efforts, Customer acknowledges and agrees that it is solely responsible for ensuring the propriety of using the Recipient Numbers provided to KSG, (c) Short Codes are required for Customer Messages. For Dedicated Short Codes, KSG may require up to 12 weeks, depending on the Provider, to provision the Short Code for a Customer. Delays may occur if Customer does KLaunch cannot respond quickly to requests such as for information and for payment. The applicable timeframe is also dependent upon the responsiveness of the Providersguarantee that Messages, and KSG once sent by KLaunch, will not be held liable for such provisioning delays from specific Providers received, delivered or Customers, or for reasons outside of KSG’s controlopened, (d) Random Short Codes provisioned KLaunch may provide Messages and other data to Providers which may reformat the Message to conform and adapt to Provider requirements and device requirements, (e) Customer shall be solely responsible for usecompliance with all applicable law, or other forms including but not limited to, the TCPA (including the propriety of Shared Shortcodes, the Recipient Numbers [including whether mobile numbers are owned exclusively to be called] where the Message is instructed by KSG and may Customer to be shared among multiple KSG customers. At Customer’s own expensedelivered), and for (f) Customer further represents and warrants that the Recipient Numbers used by Customer are obtained, and the Messages sent, in compliance with all applicable laws, and Customer shall take all steps necessary to ensure that continued use of the Recipient Numbers in any way contemplated by or agreed upon pursuant to this agreement complies with all applicable laws. KLaunch reserves the right, but has no obligation, to delete or refuse to transmit any message, communication, content, and/or data that, in its own useopinion, Customer may lease a Random Short Codeviolates any applicable law or industry standard. In such an event, or purchase a Vanity Short Code. At all times a Short Code is active, Customer KLaunch will be billed for all inbound Text Messages received, as well any responses to these inbound Text Messages,inform the customer of the violation.

Text Messaging Terms and Conditions. Without limiting any other provision in this Agreement, Xxxxxxxx agrees to the following terms and conditions in this Article. (a) Kerauno Customer shall be solely responsible for instructing K Launch offers a mechanism for Persons to opt-out Initiate its desired Messages. The Customer further agrees and acknowledges that K Launch is not the sender of receiving Text the Messages from Initiated by Customer. ’s use of K Launch, (b) Customer represents and warrants that it shall include opt-out capabilities in each Message if required by LawK Launch will have no liability, and that Customer accepts sole responsibility shall provide and be solely responsible in all respects, for: (i) the Recipient Numbers to which the Messages are to be transmitted, ensuring that Recipient Numbers are the correct Recipient Numbers for making that determination. If a Subscriber sends an explicit the Person, and unambiguous opt-out request directly to will have been obtained and used at all times under the Kerauno Launch Platform by a Subscriber originated Text Message via mobile handset originationAgreement, then KSG will confirm the opt-out in compliance with one subsequent messageall applicable Laws and do not include (A) emergency lines, including those of any hospital, medical center, health care facility, poison control center, fire protection agency, or otherwise as in accordance with Law. Unless requested by Customer and required by Lawlaw enforcement agency, KSG will not send an opt-out confirmation in respect of (B) any other Subscriber opt-out request (e.g. an ambiguous Text Messagenumber assigned to a paging service, cellular telephone service, or an opt-out request initiated onlineother wireless service, via the web, by voice callunless appropriate consents have been obtained, or letter addressed (C) any number to a street addresswhich automated dialing or prerecorded message calls are prohibited under applicable Laws; (ii) establishing and providing the time(s), date(s) and delivery schedule(s) with respect to Messages, ensuring that (A) no Telemarketing Message is transmitted before 8 a.m. or after 9 p.m. local time at the Person’s location, and (B) no Messages, including Telemarketing Messages, are transmitted outside of hours allowable under applicable Laws; Customer accepts sole responsibility for determining whether such confirmation is required by Law and for instructing KSG to send out such messages if so required(iii) Customer’s holding contests, sweepstakes or similar events using K Launch, (bc) KSG uses all K Launch will use commercially reasonable efforts to ensure the accuracy of its List Profile Report service; but all such data is provided that K Launch conveys Customer’s Messages as directed by the Providers. To that end, KSG makes no representation or warranty of any kind regarding the accuracy of such data returned from the List Profile Report service. Notwithstanding KSG’s efforts, Customer acknowledges and agrees that it is solely responsible for ensuring the propriety of using the Recipient Numbers provided to KSG, (c) Short Codes are required for Customer Messages. For Dedicated Short Codes, KSG may require up to 12 weeks, depending on the Provider, to provision the Short Code for a Customer. Delays may occur if Customer does K Launch cannot respond quickly to requests such as for information and for payment. The applicable timeframe is also dependent upon the responsiveness of the Providersguarantee that Messages, and KSG once sent by K Launch, will not be held liable for such provisioning delays from specific Providers received, delivered or Customers, or for reasons outside of KSG’s controlopened, (d) Random Short Codes provisioned K Launch may provide Messages and other data to Providers which may reformat the Message to conform and adapt to Provider requirements and device requirements, (e) Customer shall be solely responsible for usecompliance with all applicable law, or other forms including but not limited to, the TCPA (including the propriety of Shared Shortcodes, the Recipient Numbers [including whether mobile numbers are owned exclusively to be called] where the Message is instructed by KSG and may Customer to be shared among multiple KSG customers. At Customer’s own expensedelivered), and for (f) Customer further represents and warrants that the Recipient Numbers used by Customer are obtained, and the Messages sent, in compliance with all applicable laws, and Customer shall take all steps necessary to ensure that continued use of the Recipient Numbers in any way contemplated by or agreed upon pursuant to this agreement complies with all applicable laws. K Launch reserves the right, but has no obligation, to delete or refuse to transmit any message, communication, content, and/or data that, in its own useopinion, Customer may lease a Random Short Codeviolates any applicable law or industry standard. In such an event, or purchase a Vanity Short Code. At all times a Short Code is active, Customer K Launch will be billed for all inbound Text Messages received, as well any responses to these inbound Text Messages,inform the customer of the violation.

Text Messaging Terms and Conditions. (a) Kerauno Launch KLaunch offers a mechanism for Persons to opt-out of receiving Text Messages from Customer. Customer represents and warrants that it shall include opt-out capabilities in each Message if required by Law, and Customer accepts sole responsibility for making that determination. If a message is sent between the hours 9 p.m. and 8 a.m. local time the Customer agrees to add a statement that the text message is informational and not Telemarketing. If a Subscriber sends an explicit and unambiguous opt-out request directly to the Kerauno Launch KLaunch Platform by a Subscriber originated Text Message via mobile handset origination, then KSG KLaunch will confirm the opt-out with one subsequent message, or otherwise as in accordance with Law. Unless requested by Customer and required by Law, KSG KLaunch will not send an opt-out confirmation in respect of any other Subscriber opt-out request (e.g. an ambiguous Text Message, or an opt-out request initiated online, via the web, by voice call, or letter addressed to a street address); Customer accepts sole responsibility for determining whether such confirmation is required by Law and for instructing KSG KLaunch to send out such messages if so required, (b) KSG KLaunch uses all commercially reasonable efforts to ensure the accuracy of its List Profile Report service; but all such data is provided by the Providers. To that end, KSG KLaunch makes no representation or warranty of any kind regarding the accuracy of such data returned from the List Profile Report service. Notwithstanding KSGXXxxxxx’s efforts, Customer acknowledges and agrees that it is solely responsible for ensuring the propriety of using the Recipient Numbers provided to KSGKLaunch, (c) Short Codes are required for Customer Messages. For Dedicated Short Codes, KSG KLaunch may require up to 12 weeks, depending on the Provider, to provision the Short Code for a Customer. Delays may occur if Customer does not respond quickly to requests such as for information and for payment. The applicable timeframe is also dependent upon the responsiveness of the Providers, and KSG KLaunch will not be held liable for such provisioning delays from specific Providers or Customers, or for reasons outside of KSGKLaunch’s control, (d) Random Short Codes provisioned for use, or other forms of Shared Shortcodes, are owned exclusively by KSG KLaunch and may be shared among multiple KSG KLaunch customers. At Customer’s own expense, and for its own use, Customer may lease a Random Short Code, or purchase a Vanity Short Code. At all times a Short Code is active, Customer will be billed for all inbound Text Messages received, as well any responses to these inbound Text Messages,, (e) Long Code Numbers, which are ten (10) digit telephone numbers in the KLaunch application, are owned and maintained exclusively by KLaunch, and as such are not portable to any other telephony service. 3.