Terms and Conditions
THESE TERMS AND CONDITIONS OF SERVICE (“TERMS”) CONSTITUTE A CONTRACT BETWEEN YOU OUR CUSTOMER AND Speetra Inc AND GOVERN USE OF AND ACCESS TO THE SERVICE AND OUR SITE BY YOU, AGENTS AND END USERS, WHETHER IN CONNECTION WITH A PAID SUBSCRIPTION TO THE SERVICE OR A FREE TRIAL OF THE SERVICE.
By accepting these Terms, or by accessing or using the Service or Site, or authorizing or permitting any Agent or End User to access or use the Service, You agree to be bound by these Terms. These Terms apply to End Users, and by using the Service each End User agrees to be bound by these Terms and acknowledges that such End User is 13 years of age or older.
When used in these Terms with the initial letters capitalized, in addition to terms defined elsewhere in these Terms, the following terms have the following meanings:
Account means all Speetra accounts or instances created by or on behalf of Customer, Subscriber or its Agents within the Service.
Agent or Account Login means an individual authorized to use the Service through Your Account as an agent and/or administrator as identified through a unique login.
End User means any person or entity other than Subscriber or Agents with whom Subscriber or its Agents interact using the Service.
Speetra means Speetra, Inc., a Texas Corporation or any of its successors or assignees. In these Terms, Speetra may also be referred to through the use of “We” or “Our.”
Service means the Speetra service through pulseM, pulseMPro and pulseMWeb line of products consisting of mobile, email, print based bios, reviews, text or spoken sentiment, spoken stories, SEO, online and mobile messaging and information aggregation and delivery services that make available information, data, text, messages and other materials from Subscribers. Any new or modified features added to or augmenting the Service or updates or enhancements to the Service are also subject to these Terms, and We reserve the right to deploy such features, updates or enhancements at any time.
Service Plan means the service plan and the functionality and services associated therewith (as detailed on the Site and/or in a Form) for which You subscribe with respect to each Agent.
Site means www.Speetra.com or www.pulsem.me and all other websites owned or operated by Speetra or its subsidiaries.
Your Data means all electronic data, text, audio, messages or other materials submitted to the Service by You, Agents and End Users in connection with Your use of the Service.
Subscription may be month to month or annual. During the Subscription Term and subject to compliance by You, Agents and End Users with these Terms, You have the limited right to access and use the Service consistent with the Service Plan You subscribe to for Your internal business purposes. You agree not to license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Service available to any third party, other than authorized Agents and End Users in furtherance of Your internal business purposes as expressly permitted by these Terms or use the Service on behalf of any third party other than Agents or End Users.
You are responsible for compliance with the provisions of these Terms by Agents and End Users and for any and all activities that occur under Your Account, as well as for all Your Data. Without limiting the foregoing, You are solely responsible for ensuring that use of the Service to store and transmit Your Data is compliant with all applicable laws and regulations. You also maintain all responsibility for determining whether the Service or the information generated thereby is accurate or sufficient for Your purposes. Subject to any limitation on the number of individual Agents available under the Service Plan for which You subscribed, access to and use of the Service is restricted to the specified number of individual Agents permitted under Your subscription to the Service.
All information, data, text, software, music, audio, photos, graphics, video, messages, tags, links or other materials transmitted using the Service (“Content”) are the sole responsibility of the Subscriber from whom such Content originated. As a Subscriber, You are responsible for the Content that You send, upload, post, transmit or otherwise make available using the Service via short message service (SMS) text message, medium message service (MMS), voice, live conversations, web-based chat, telephony, the Speetra website, the Internet or any other medium. Except for compliance requirements by the mobile carriers for foul language, Speetra does not control the Content posted via the Service and, as such, does not guarantee the quality or accuracy of such Content. Further, Speetra and any of its Subscribers have the right to use, edit, reproduce, distribute, display, or perform any Content You submit to the Service in any manner whatsoever. Under no circumstances will Speetra be liable in any way for any Content posted by Customers or end users.
You agree that You will not use the Service to send, post, upload, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;– That is fraudulent, deceptive or illegal;– That contains nudity, violence, profanity, or offensive subject matter or contains a link to a website containing the mentioned;– That bullies, harasses, advocates or encourages harassment of another person;– That You do not have legal rights to make available under any law or under contractual or fiduciary relationships;– That infringes any trademark, copyright trade secret, non-disclosure agreement or proprietary rights of any party;– That contains spam, non-permitted, unsolicited or unauthorized advertising, promotional materials, chain letters, pyramid schemes, gambling or any other form of solicitation;– That promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, illegal drugs, privacy violations, threats, extortion, or creating and/or distributing software viruses; or– That contains or links to software viruses, trojan horses, worms, DoS attacks, or any other computer code, files or programs designed to interrupt, limit or destroy the functionality of any computer, hardware or telecommunications equipment.
You agree that You will not use the Service to:– Harm, scare or threaten anyone in any way;– Impersonate any person or entity; or– Falsely state or otherwise misrepresent Your affiliation with a person or entity;– Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;– Interfere with, attempt to or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected with the Service;– Violate applicable local, state, national or international laws, and any regulations or self-regulatory scheme having the force of law; or– Provide support, information or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a terrorist organization pursuant to section 219 of the Immigration and Nationality Act.
Without limiting the foregoing: (1) Subscriber acknowledges that certain statutes and regulations, including without limitation the Telephone Consumer Protection Act of 1991 and the regulations promulgated thereunder (the “TCPA”), may govern Subscriber’s use of the Service; (2) Subscriber hereby represents, warrants and covenants that (i) Subscriber will obtain all required informed consent from each End User, including clear and conspicuous disclosure that each End User will receive bios, reviews of technicians or person providing the service, survey or any other information related to the service provided and any other Content related to service provided, (ii) Subscriber does not require that End Users receive Content through the Service and (iii) each End User will affirmatively designate the number at which to receive the Content (which shall not be pre- populated by Subscriber in an online form); and (3) Subscriber will indemnify and hold Speetra and its affiliates harmless from and against any losses, costs, liabilities and expenses, including attorneys’ fees, arising out of Subscriber’s failure to properly obtain such informed consent from each End User or to otherwise comply with the TCPA.
End Users acknowledge, understand and agree that Speetra, its designees and Subscribers shall have the right in their sole discretion to moderate, filter, pre-screen, or refuse any Content that is available via the Service. We cannot guarantee that Content found in the Service will not include unintended or objectionable Content, and We assume no responsibility for the Content of any kind provided through the Service. You agree that You must examine, evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, truthfulness or usefulness of such Content. In this regard, You acknowledge, understand and agree that You may not rely on any Content created by Speetra or submitted to Speetra for quality or accuracy.
By participating in a Speetra’s PulseM, PulseMPro, PulseMWeb platform, each End User agrees that such End User is the primary owner of the phone number used. End Users may unsubscribe from the Mobile based Service at any time by texting STOP. For unsubscribing email or other accounts please contact us at email@example.com. Although frequency varies by program, an End User should receive no more than 4 messages per month unless such End User is actively texting in (“inbound texting”) as part of the service. The Service may not be compatible with all mobile devices.
You, Agents and End Users agree that Speetra, in its sole discretion, may establish general practices and limits concerning use of the Service. You, Agents and End Users agree that Speetra has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You, Agents and End Users acknowledge that Speetra reserves the right to terminate accounts that are inactive for an extended period of time, which shall be determined in Speetra’ sole discretion.
Use of Information
A Subscriber’s program may ask an End User to provide personally identifiable information to participate in that program. By providing that information such End User agrees that Speetra may store the information such End User provides and that the Subscriber may use the information for that program and for future programs hosted by that Subscriber. Speetra obtains information regarding each End User’s wireless services provider (“mobile carrier”) through the applicable mobile phone number.
Subscribers may ask End Users to submit information about themselves if they have specifically opted-in to receive communications from such Subscribers. If an End User chooses to submit information, then Subscribers may use this information and may share such information with third parties. You acknowledge, understand and agree that Speetra may access, store and disclose Your Account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms; (c) respond to claims that any Content violates the rights or content of third parties; (d) respond to customer service requests; or (e) protect the rights, property or personal safety of Speetra, its users, Subscribers and the public.
Billing, Plan Modifications and Payments
Please note: message and data rates may apply to an End User’s use of the Service.
Unless otherwise indicated on a Form referencing these Terms, all charges associated with Your access to and use of the Service (“Subscription Charges”) are due in full upon commencement of Your Subscription Term. If You choose to upgrade Your Service Plan during Your Subscription Term (a “Subscription Upgrade”), any incremental Subscription Charges associated with such Subscription Upgrade will be prorated over the remaining period of Your then current Subscription Term, charged to Your Account and due and payable upon implementation of such Subscription Upgrade. In any future Subscription Term, Your Subscription Charges will reflect any such Subscription Upgrades.
Unless otherwise stated, Our charges do not include any taxes, levies, duties or similar governmental assessments, including value-added, sales, use or withholding taxes assessable by any local, state, provincial or foreign jurisdiction (collectively “Taxes”). You are responsible for paying Taxes except those assessable against Speetra based on its income. We will invoice You for such Taxes if We believe We have a legal obligation to do so and You agree to pay such Taxes if so invoiced. You are solely responsible for correctly assessing and remitting any use tax due to the proper taxing authority, and You agree to indemnify Speetra from any liability related to the payment, underpayment, or nonpayment of any such use tax.
Speetra uses a third-party intermediary to manage credit card processing and this intermediary is not permitted to store, retain or use Your billing information except to process Your credit card information for Speetra.
Cancellation and Termination
Either You or Speetra may elect to terminate Your Account and subscription to the Service as of the end of Your then current Subscription Term by providing notice, in accordance with these Terms, on or prior to the date sixty (60) days preceding the end of such Subscription Term. For monthly subscriptions we need a minimum of 60 day notice. For all monthly subscriptions that are cancelled, Speetra reserves the right to charge for the subsequent month after cancellation of service. Unless Your Account and subscription to the Service is so terminated, Your subscription to the Service will renew for a Subscription Term equivalent in length to the then expiring Subscription Term. Unless otherwise provided for in any Form, the Subscription Charges applicable to Your subscription to the Service for any such subsequent Subscription Term shall be Our standard Subscription Charges for the Service Plan to which You have subscribed as of the time such subsequent Subscription Term commences. This plan maybe delivered to you in form of an estimate that you may be required to sign before commencing the service.
No refunds or credits for Subscription Charges or other fees or payments will be provided to You if You elect to terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term. No refunds or credits will be provided for design, custom development or training once delivered. Following the termination or cancellation of Your subscription to the Service and/or Account, We reserve the right to delete all Your Data in the normal course of operation. Your Data cannot be recovered once Your Account is cancelled.
If You terminate Your subscription to the Service or cancel Your Account prior to the end of Your then effective Subscription Term or We effect such termination or cancellation pursuant to the Terms, in addition to other amounts You may owe Speetra, You must immediately pay any then unpaid Subscription Charges associated with the remainder of such Subscription Term. This amount will not be payable by You in the event You terminate Your subscription to the Service or cancel Your Account as a result of a material breach of these Terms by Speetra, provided that You provide advance notice of such breach to Speetra and afford Speetra not less than thirty (30) days to reasonably cure such breach.
Speetra reserves the right to modify, suspend or terminate the Service (or any part thereof), Your Account or Your and/or Agents’ or End Users’ rights to access and use the Service, and remove, disable and discard any of Your Data if We believe that You, Agents or End Users have violated these Terms. This includes the removal or disablement of Your Data in accordance with Our copyright infringement notice and takedown policies described below. Unless legally prohibited from doing so, Speetra will use commercially reasonable efforts to contact You directly via email to notify You when taking any of the foregoing actions. Speetra shall not be liable to You, Agents, End Users or any other third party for any such modification, suspension or discontinuation of Your rights to access and use the Service. Any suspected fraudulent, abusive, or illegal activity by You, Agents or End Users may be referred to law enforcement authorities at Our sole discretion.
Each of us shall maintain all rights, title and interest in and to all our respective patents, inventions, copyrights, trademarks, domain names, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property Rights”). The rights granted to You, Agents and End Users to use the Service under these Terms do not convey any additional rights in the Service, or in any Intellectual Property Rights associated therewith. Subject only to limited rights to access and use the Service as expressly herein, all rights, title and interest in and to the Service, including all related intellectual property rights, will remain with and belong exclusively to Speetra. Speetra shall have a royalty-free, worldwide, transferable, sub-licensable, irrevocable and perpetual license to incorporate into the Service or otherwise use any suggestions, enhancement requests, recommendations or other feedback We receive from You, Agents or End Users (including without limitation any add-ons or modifications described in any Form). “Speetra” and Speetra’s product and service names and logos used or displayed on the Service are trademarks of Speetra (collectively, “Marks”), and You may only use such Marks to identify You as a Subscriber; provided You do not attempt, now or in the future, to claim any rights in the Marks, degrade the distinctiveness of the Marks, or use the Marks to disparage or misrepresent Speetra, its services or products. Speetra respects copyright law and We expect You, Agents and End Users to do the same. Unauthorized copying, distribution, modification, display, or public performance of copyrighted works that is not considered fair use is an infringement of the copyright holder rights. As a condition of access to the Service by You, Agents and End Users, You agree that You, Agents and End Users will not use the Service to infringe the intellectual property rights of other people or entities in any way. Speetra reserves the right to terminate the account or usage of You, Agents or End Users upon any single infringement of the rights of others in conjunction with use of the Service or for any other reason or no reason in Speetra’ sole discretion.
In accordance with the Digital Millennium Copyright Act of 1998 (the text of which may be found on the U.S. Copyright Office website at www.copyright.gov), Speetra will respond expeditiously to claims of copyright infringement committed using the Service that are reported to Speetra. If you are a copyright owner, or authorized to act on behalf of an owner of the copyright or of any exclusive right under the copyright, please report your notice of infringement by sending an email to the Development Team at firstname.lastname@example.org.
THE SERVICE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN IT ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER. SPEETRA, SUBSCRIBER AND SPEETRA’S LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. SPEETRA AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SERVICE. SPEETRA, SUBSCRIBER AND SPEETRA’S LICENSORS DISCLAIM ANY WARRANTIES FOR ANY INFORMATION, DATA OR ADVICE OBTAINED THROUGH THE SERVICE. SPEETRA AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE SERVICE, AS WELL AS FOR ANY INFORMATION, DATA OR ADVICE RECEIVED THROUGH ANY SUCH GOOD OR SERVICE, INCLUDING LINKS TO SAID INFORMATION, DATA OR ADVICE.
If an End User uses the Service to purchase or otherwise engage in direct transactions with Subscriber, then all such transactions shall be governed by the terms and conditions entered into with Subscriber. Under no circumstances shall Speetra have any responsibility or liability therefor. If an End User believes that Subscriber is in violation of any consumer protection laws or regulations, including but not limited to the standards set forth by the CTIA Wireless Association, Mobile Marketing Association (MMA), such as the MMA Code of Conduct or the MMA Consumer Best Practice Guidelines, then such End User shall immediately report any such suspected violations to Speetra.
END USER UNDERSTANDS AND AGREES THAT IF END USER CLICKS ON, DOWNLOADS OR OTHERWISE OBTAINS MATERIAL, DATA OR CONTENT THROUGH THE USE OF THE SERVICE, THEN END USER DOES SO AT END USER’S OWN DISCRETION AND RISK AND THAT END USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO END USER’S COMPUTER SYSTEM, COMPUTING DEVICE, AND/OR MOBILE PHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SPEETRA, ITS SUBSCRIBERS OR ITS LICENSORS BE LIABLE TO ANY USER OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SERVICE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, PURPOSEFUL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE OR OTHERWISE, (EVEN IF SPEETRA OR ITS SUBSCRIBERS AND LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SERVICE, FROM INABILITY TO USE THE SERVICE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SERVICE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE SERVICE OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE SERVICE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SERVICE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SERVICE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Additional Limitations of Liability
Without limiting the foregoing, under no circumstances shall Speetra, Subscriber or Speetra’s licensors be held liable for any delay, outage or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment and software failures, hackers, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
Updates and Changes to Our Terms and Conditions
We may modify or terminate Our services from time to time, for any reason, and without notice, including the right to terminate with or without notice, without liability to You, Agents, End Users or any third party. We reserve the right to modify these Terms from time to time without notice. Please review these Terms from time to time so that You will be apprised of any changes. Your continued use of the Service following the effective date of any such modification may be relied upon by Speetra as Your consent to any such modification. Speetra’s failure to enforce at any time any provision of these Terms does not constitute a waiver of that provision or of any other provision of the Terms.
These Terms will be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflict of laws provisions or Your actual state or country of residence. You hereby expressly agree to submit to the exclusive personal jurisdiction of the federal and state courts of the State of Texas, Collin County, for the purpose of resolving any dispute relating to the Terms or access to or use of the Service by You, Agents or End Users. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
Export Compliance and Use Restrictions
The Service may be subject to U.S. export control and economic sanctions laws. You agree to comply with all such laws and regulations as they relate to access to and use of the Service by You, Agents and End Users. You shall not access or use the Service if You are located in any jurisdiction in which the provision of the Service is prohibited under U.S. or other applicable laws or regulations (a “Prohibited Jurisdiction”) and You shall not provide access to the Service to any government, entity or individual located in any Prohibited Jurisdiction. You represent, warrant and covenant that (i) You are not named on any U.S. government list of persons or entities prohibited from receiving U.S. exports, or transacting with any U.S. person, (ii) You are not a national of, or a company registered in, any Prohibited Jurisdiction, (iii) You shall not permit Agents or End Users to access or use the Service in violation of any U.S. or other applicable export embargoes, prohibitions or restrictions, and (iv) You shall comply with all applicable laws regarding the transmission of technical data exported from the United States and the country in which You, Agents and End Users are located.
All notices to be provided by Speetra to You under these Terms may be delivered in writing (i) by nationally recognized overnight delivery service (“Courier”) or US mail to the contact mailing address provided by You on any Form; or (ii) electronic mail to pulsem_support((at))Speetra.com. You must give notice to us in writing by Courier or US Mail to the following address: Speetra, Inc., 17330 Preston Road, Suite 200D, Dallas, Texas 75252. All notices shall be deemed to have been given immediately upon delivery by electronic mail, or if otherwise delivered upon receipt or, if earlier, two (2) business days after being deposited in the mail or with a Courier as permitted above.
These Terms, together with any Form(s), constitute the entire agreement between the parties with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms will be effective only if in writing and signed by Speetra.
Last Updated on 12/08/2017