Terms and Conditions
By using MindMe, you agree to the following:
MindMe is a mobile marketing and technology solution that consists of one or more of the following: contact management, text messaging platform/gateway, keyword management, SMS/MMS gateway access, mobile web, media library and storage and Quick Response (QR) generation. MindMe is not responsible for the cost incurred by you to access the Service via your computer or mobile device. You agree to pay all access charges. MindMe does not guarantee delivery of messages sent, as that is the responsibility of the wireless carriers. Although MindMe endeavors to send your messages when scheduled, we are not responsible for when your messages are actually delivered and do not guarantee a specific delivery time. These times depend on various factors, including, but not limited to, the availability of MindMe, access to our messaging providers and wireless carrier availability. Although MindMe may attempt to redeliver an undelivered message, it may be deemed a permanent failure and discarded. You acknowledge that MindMe is not liable for any loss incurred by the failure of a message, notification or campaign (including but not limited to broadcasts and auto-responders), and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from MindMe for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value.
Charges: Standard message and data rates may apply to any end user who receives or sends SMS messages.
Short Code: Unless otherwise stipulated in writing, your mobile messaging program will utilize a MindMe provisioned short code.
Credits: Credits are paperless vouchers that you purchase and which facilitate the sending of messages. An SMS message (inbound or outbound) counts as 1 credit. An MMS message (inbound or outbound) counts as 2 credits. The number or value of credits required for certain message may change and thus the number of credits required for a specific campaign would change accordingly. You can view the number of remaining credits at any time from the MindMe solution.
Credit Expiration: Credits purchased as a part of a package or monthly plan, and not used within the month of purchase, may expire at the end of the month, unless the plan explicitly provides for roll-over of credits. Credits purchased separately through your account that are not part of a plan may contain a longer expiration date as stated at the time of purchase.
Purchase of Credits, Keywords and/or Plans & Payments: Your payment for credits, keywords and/or plans (a portion of which also includes software maintenance and upgrades, as well as customer support) shall be deemed completed when IR receives the full amount of payment owed for such credits, keywords and/or plans. IR may charge your method of payment at any time if your available credits drops below the number of credits required for a particular campaign, message, opt-in, etc. Your account will be credited within 24 hours of IR verifying receipt of your payment. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by IR.
Price Adjustments: As we are dependent on other entities for the delivery of your messages and broadcasts, our price per credit may require adjustment in order to account for costs that are not within our control. Accordingly, we may adjust our prices from time to time without prior notice.
SMS/MMS Coverage: MindMe maintains coverage (SMS/MMS) with an ever-growing number of wireless carrier networks. Not all carriers support MMS. For updated information regarding which carriers support SMS or MMS, please contact MindMe at support@MindMeMobile.com.
STOP: At any time, a recipient of a mobile message (SMS or MMS) may have their phone number removed from the distribution list by replying STOP or STOP + KEYWORD.
Customer & Technical Support: MindMe support is available via email or chat. Toll free phone support may also be available at times designated by MindMe on its website.
Incorporation of MMA Guidelines: You agree to adhere to the current Mobile Marketing Association’s “U.S. Consumer Best Practices Guidelines” (“MMA Guidelines”) published at www.mmaglobal.com/policies/consumer-best-practices. In the event of a conflict between terms in this document and the MMA Guidelines, this document shall prevail.
Mobile Web: MindMe does not guarantee availability of mobile web pages/sites created using MindMe, nor do we guarantee that pages will function properly on all desktop or mobile web browsers.
Shortened URL: MindMe offers link-shortening technology. These shortened URL’s are used in text messages, QR codes and mobile web pages to track usage by recipients. MindMe makes no claim as to the availability of these URL’s.
Quick Response Codes: MindMe allows users to create Quick Response (QR) codes. Not all QR types may be read by every mobile QR reader.
Content: “Content” refers to the media you store with MindMe and/or the messages you ask MindMe to store, process or transmit to recipients. You represent the following:
- You own the Content and/or you have obtained all licenses and clearances necessary for distribution of the Content to mobile devices (and, optionally, web sites, flash widgets or other means of viewing the content that we mutually agree on). The Content does not violate the rights of any person or company protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.
- The Content is consistent with standards imposed by mobile aggregators and carriers; specifically, it is not libelous, defamatory, false, misleading, harassing, threatening, inaccurate, sexually explicit, unlawful, obscene, profane, objectionable, scandalous or racially or ethnically offensive.
- The Content adheres to the current Mobile Marketing Association “U.S. Consumer Best Practices Guidelines” published at www.mmaglobal.com/policies/consumer-best-practices.
- The Content is appropriate for the age of the recipient.
- The Content does not advocate, promote or encourage violence against any government, organization, group or individual.
- Posts or discloses any personally identifying information or private information about anyone without their consent.
- The Content (including its storage, transmission, and delivery) does not violate any law or regulation in the United States, Pennsylvania, your home jurisdiction(s) or any jurisdiction where the Content is stored, transmitted or delivered.
MindMe may refuse to transmit or may delete any Content that, in its opinion, violates any of the above. In such case, MindMe will inform you of the problem and work with you so that the campaign may be completed.
In order for MindMe to fulfill the terms of this agreement, you permit MindMe to transform and encode the Content into various formats, store it, and transmit it via third parties to mobile devices (and, optionally, web browsers, flash widgets, and other means of viewing the content at our discretion).
Campaigns: MindMe may refuse, suspend or terminate any campaign that, in its sole opinion, is not in compliance with the then-current MMA Guidelines or that violates any applicable law or regulation.
Mobile Phone Numbers You Provide To Us: If you provide mobile phone numbers for use by the MindMe platform and either you or we use the platform to send messages to those mobile numbers, you represent that:
- You have complied with the MMA Guidelines in the collection and use of these mobile phone numbers.
- MindMe’s delivery of messages to these mobile phone numbers will not violate MMA Guidelines (i.e., opt-in requirements, etc.)
- Sending messages to those mobile phone numbers does not violate any applicable law or regulation.
Reporting: MindMe’s messaging platform relies on multiple external suppliers to transmit messages to and from mobile phones, including ‘aggregators’ who intermediate between MindMe and various wireless carriers, Internet service providers, server hosting companies, and others. Message delay or failure due to these outside parties can occur and falls under the definition of “Force Majeure” as described below.
Links to Other Websites
The MindMe Solution or www.MindMeMobile.com may contain links to third party websites. These links are provided solely as a convenience to you and are not an endorsement. IR is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of their materials, statements or offer. If you decide to access linked third-party websites, you do so at you own risk. Furthermore, IR cannot ensure you will be satisfied with any product or service purchased from a third-party website that was accessed from our solution or website. IR does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. IR strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third-parties.
Excluding payment obligations, neither MindMe nor client will be liable for delay or default in the performance of its respective obligations under these Terms if such delay or default is caused by conditions beyond its reasonable control, including, but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes (“Force Majeure event”). If a Force Majeure event has continued for five (5) consecutive business days, MindMe will allow Client to cancel services with a pro rata reduction in subscription charges.
1. Additional Indemnification: You agree to indemnify MindMe and hold it and its affiliates and subsidiaries (and the owners, directors, employees and agents of each of them) harmless against any damages, losses and expenses (including reasonable attorneys’ fees and disbursements) arising out of or relating to any claims, actions or other proceedings that are brought by or on behalf of any third party, if those claims result from your acts or omissions in connection with MindMe’s storage, conversion, transmission or delivery of your Content, or from MindMe’s authorized use of mobile phone numbers supplied by you.
2. Use of MindMe’s Solution. You are not to use MindMe for any unlawful or abusive purpose, including but not limited to any use which disrupts MindMe’s system or other customers, damages MindMe property, or interferes with MindMe’s ability to provide service to other users. You agree to comply with all laws while using MindMe and you agree not to transmit any communication that would violate any laws, court order or regulation or would likely be offensive to the recipient. You are responsible for all content you store or transmit through MindMe. MindMe only provides you with the service of sending short messages to mobile phones. MindMe is not liable for any consequences that might arise from sending messages by any person that uses the service provided at www.MindMeMobile.com.
4. Intellectual Property Ownership: IR alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights related to the MindMe Solution, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Solution. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the MindMe Solution or the Intellectual Property Rights owned by IR. The names, logos and product names and logos associated with IR and MindMe are the property of IR and no right or license is granted to use them.
5. Limitation of Liability. Under no circumstances will MindMe be liable to you or any other person for any indirect, direct, special, punitive, incidental, consequential damages of any character that arise from you or any other users use of MindMe at www.MindMeMobile.com. MindMe is not liable for any act associated with the proper exercise of its rights under 2 and 3 of this agreement between MindMe and you.
6. No Warranties. Use of the MindMe solution and any reliance by you upon the solution, including action taken by you because of such use or reliance is at your sole risk. IR does not warrant that the MindMe solution will be uninterrupted or error free, nor does it make any warranty as to the results that may be obtained from using the solution. MindMe does not authorize anyone to make a warranty of any kind on its behalf.
7. DISCLAIMER To the fullest extent permitted by law, IR, MindMe, www.MindMeMobile.com and its content is provided by MindMe on an “as is” and “as available” basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Service or its contents including, without limit, warranties of merchantability, fitness for a particular purpose and non-infringement.
Further, IR does not represent or warrant that:
(i) the Service will meet your requirements;
(ii) the Service will be uninterrupted, timely, secure, or error-free;
(iii) any results obtained from using the Service will be accurate, complete or current.
You acknowledge that the allocation of risk in these terms reflects the price paid for the Service and that it is not within the control of MindMe how or for what purposes the Service is used. If any exclusion in this service is held to be invalid and MindMe becomes liable for loss or damage that may lawfully be limited then such liability shall be limited to the amount paid by you for the Service. MindMe shall have no liability to you for any loss arising from any material, data or instructions supplied whether digitally or otherwise to you or your behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault. MindMe is not responsible for any delay, malfunction, non- performance and/or other degradation of performance of its Service caused by or resulting from any alteration, modification, integration and/or amendments due to changes and specifications requested or implemented by you whether or not beyond the Service already supplied. MindMe reserves the right to charge additional fees on any work requested. If any or all of MindMe becomes unavailable, MindMe will use reasonable efforts to repair and reinstate MindMe. Where such unavailability is due to the negligent failure of MindMe to deal with circumstances within its control and is for more than a total of 72 hours in any 30 day period then MindMe will at its discretion either offer prorated compensation limited to a refund of the fee paid by you for the unavailable services or provide you with a credit up to the same amount. Neither MindMe nor anyone else who has been involved in the creation, production or supply of MindMe shall be liable to the Client or any other person for any loss under Terms, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Terms or the Services for any: (i) economic loss of any kind whatsoever, or (ii) loss of profit, business contracts, revenues or anticipated savings, or (iii) damage to the Client’s reputation or goodwill, or (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever, and the Client shall indemnify MindMe and Impressive Results LLC from and against any claim which may be made against MindMe or Impressive Results LLC in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to you. If MindMe is prevented or delayed in or from performing any of its obligations due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency MindMe and Impressive Results LLC shall not be liable.
8. Opt-in Guarantee by Client. Clients of MindMe guarantee that the phone numbers in their account are 100% opt-in, and Recipients recognize the sender and expect to receive messages from him/her. If for any reason MindMe suspects that the numbers may not be 100% opt-in, it reserves the right to request a written explanation from the client including the method of collecting the phone numbers and a guarantee signed by client that all the people on his/her list agreed to receive text messages from client. MindMe reserves the right to take any action it thinks appropriate in such case of suspected non-opt-in list, including but not limited to cancellation of the account.
9. Anti-Spam Policy. IR has a zero-tolerance spam policy. Any client discovered to be using MindMe for spam will have its service immediately suspended or permanently terminated. Spam is unsolicited SMS or MMS text messages. By sending messages to only those who have requested to receive them, you are following accepted permission-based messaging guidelines as published by the Mobile Marketing Association. For a message to not be considered spam, the recipient must have a pre-existing relationship and have offered consent. A pre-existing relationship could represent a prior purchase, information request, survey response, offline contact or similar. Consent is represented by a prior purchase, request to be added to list, survey response, offline contact or similar. You agree not to use ANY third party lists for mobile numbers or emails.
10. Termination, Cancellation and/or Suspension. IR may at anytime immediately suspend or permanently terminate service without refund if MindMe believes in its sole discretion that you have violated any of the Terms contained herein. IR may terminate the MindMe service, disable your account or put your account on inactive status, in each case at any time with or without cause and with or without notice. IR shall have no liability to you or any third party because of such termination or action. IR may at its sole discretion permanently delete all of your data after 30 days of your account being classified as inactive, suspended or terminated. Such classification is at IR’s sole discretion. You may terminate MindMe service at any time by notifying MindMe customer support. There are no refunds for any fees already paid.
You acknowledge that the Terms are a material part of MindMe’s decision to provide the MindMe solution to you. You agree that in order to ensure your compliance with these Terms and to ensure that IR complies with applicable laws, we may, from time to time, randomly check the messages and broadcasts that you send. You also agree that the Terms are complete and supersede and cancel all previous written and oral agreements, communications or other understandings related to the subject matter of the Terms and that any waiver or modification must be in writing signed by both parties, except as otherwise provided herein. No delay or omission by either party 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.
If you have more questions, comments or wish to report any violations, please send your feedback to us at email@example.com.
Copyright and Trademark Notices
All design, layout and content of www.MindMeMobile.com. Copyright © 2011 Impressive Results LLC. All rights reserved. All trademarks or trade names are the property of their respective owners.
Last updated December 2011.