Agreement to these terms
These Terms of Service ("Terms") govern your access to and use of the Community Pinger website and related services (collectively, the "Service"). By accessing or using the Service, you agree to these Terms. If you do not agree, do not use the Service.
We may update these Terms from time to time. When we do, we will revise the "Last updated" date above. Material changes may also be communicated as required by law or as we reasonably deem appropriate. Your continued use after changes take effect constitutes acceptance of the revised Terms, except where applicable law requires otherwise.
Description of the service
Community Pinger provides tools and services to help businesses and organizations broadcast messages to local audiences through channels we support (for example, SMS or other messaging surfaces, as described on our site). Features, availability, and pricing may change. We do not guarantee uninterrupted or error-free operation.
Eligibility
You must be at least the age of majority in your jurisdiction (and at least 18 in the United States) to enter into these Terms. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
Your account and information
You are responsible for the accuracy of information you provide and for maintaining the confidentiality of any credentials. You agree to notify us promptly of unauthorized access or security issues relating to your use of the Service.
Acceptable use
You agree not to:
- Use the Service in violation of law, carrier rules, or industry standards (including SMS/MMS and telemarketing rules where applicable);
- Send deceptive, illegal, harassing, hateful, obscene, or harmful content;
- Harvest contact data without consent, or message recipients who have not appropriately opted in where required;
- Interfere with or disrupt the Service, attempt unauthorized access, or probe systems for vulnerabilities without permission;
- Misrepresent your identity or affiliation, or impersonate others; or
- Reverse engineer, resell, or commercially exploit the Service except as expressly permitted in writing.
SMS and electronic communications
Where you opt in to receive messages from us or submit phone numbers for outreach, you confirm you have obtained legally sufficient consent from recipients as required. Message and data rates may apply. Reply mechanisms such as STOP/HELP must be honored where applicable. See our About section and Contact for questions about message programs you operate through Community Pinger.
Intellectual property
The Service, including its software, branding, and content we provide (excluding your materials), is owned by Community Pinger or its licensors. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to use the Service for its intended purpose. You retain ownership of content you submit; you grant us a license to host, process, and display that content as needed to provide the Service.
Third-party services
The Service may integrate with or link to third-party services. Those services are governed by their own terms and privacy policies. We are not responsible for third-party acts or omissions.
Fees and payment
Certain features may require payment. Fees, taxes, and billing terms will be presented at purchase or in an order form. Unless stated otherwise, fees are non-refundable. We may suspend access for non-payment where permitted.
Disclaimer of warranties
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT RESULTS (INCLUDING DELIVERY OR ENGAGEMENT RATES) WILL BE ACHIEVED.
Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMMUNITY PINGER OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR AGGREGATE LIABILITY FOR CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID TO US FOR THE SERVICE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US$100), EXCEPT WHERE PROHIBITED BY LAW.
Indemnification
You will defend, indemnify, and hold harmless Community Pinger and its affiliates from claims, damages, and expenses (including reasonable attorneys' fees) arising out of your use of the Service, your content, or your violation of these Terms or applicable law.
Suspension and termination
We may suspend or terminate your access to the Service if you violate these Terms, create risk or legal exposure, or if we discontinue the Service. You may stop using the Service at any time. Provisions that by their nature should survive will survive termination (including intellectual property, disclaimers, limitation of liability, and indemnity).
Governing law
These Terms are governed by the laws of the State of Delaware, United States, excluding conflict-of-law principles, unless otherwise required by applicable law. Courts in Delaware shall have exclusive jurisdiction over disputes arising from these Terms, unless mandatory consumer protection laws require otherwise.
If you are a consumer in a jurisdiction that provides mandatory rights, nothing in these Terms limits those rights.
Miscellaneous
These Terms constitute the entire agreement between you and Community Pinger regarding the Service and supersede prior agreements on this subject. If any provision is held invalid, the remainder remains enforceable. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
Contact
For questions about these Terms, please contact us. Our Privacy Policy describes how we handle personal information.
