The terms and conditions on this page apply to both users of VKNOWCUSTOMERS CORPORATION’s web-based user interface technology and solutions anyone using in connection with the VKNOWCUSTOMERS CORPORATION service.
VKNOWCUSTOMERS CORPORATION provides businesses and organizations with a variety of technology solutions and services to collect names, phone numbers, email addresses, and other information on an opt-in basis. VKNOWCUSTOMERS CORPORATION also provides a tool to help you import your customer’s data only if the end customer gave full consent to receive a specified type of messaging from your organization.
In addition, industry regulations prohibit transmitting undesirable content such as violence, pornography, alcohol, illegal drugs, and other prohibited material described in this document.
VKNOWCUSTOMERS CORPORATION reserves the right to suspend or terminate your account at any time, at its sole discretion, and without prior warning or refund if your account activity is reasonably believed to violate any term in this agreement or applicable law. Violation of applicable anti-spam regulation may also cause third-party legal action against you.
VKNOWCUSTOMERS CORPORATION also reserves the right to refuse service if VKNOWCUSTOMERS CORPORATION believes that your conduct is harmful to the interests of VKNOWCUSTOMERS CORPORATION and its affiliates. VKNOWCUSTOMERS CORPORATION reserves the sole discretion and right to permanently delete archived data after 90 days.
Every outgoing SMS and email via the VKNOWCUSTOMERS CORPORATION solutions and service must contain a link and process that allows the recipient to unsubscribe from your distribution list(s).Ultimately, as the sender of messages, your business is legally responsible to follow regulations such as TCPA and CTIA. This includes providing:
- Unsubscribe options and instructions
- Message frequency
- Campaign description
- “Message and data rates may apply” disclosures on your messaging campaign.
The following terms constitute the general guidelines of a responsible, permission-based campaign. This general information is not an exclusive source for applicable laws, guidelines, and compliance responsibilities pertaining to your use of VKNOWCUSTOMERS CORPORATION’S service. In the event of any conflict between the information below and any law or industry regulation, you are to observe the applicable law or regulation.
- You agree that you will not access or otherwise use any third-party list of email addresses or phone numbers or otherwise engage in unsolicited messaging in connection with our service.
- You agree that you will import, add, edit, access and otherwise use in connection with VKNOWCUSTOMERS CORPORATION’S service only contact information with proof, which you shall retain, of each subscriber’s’ prior express written consent to receive solicitation from you. VKNOWCUSTOMERS CORPORATION reserves the right, at its sole and absolute discretion, to deny access to import functions, to impose a stringent qualification process, to require proof of consent or opt-in method, or to require documentation of your or your organization’s legal identity.
- You agree to represent truthfully your identity, the identity of your organization, your product or service, availability, pricing, benefits, and any other offering aspects to your subscribers in all messages.
- You agree to comply with all local, state, and federal regulations as well as general practices governing your content or promotion type.
In addition to and without limitation to terms under the Acceptable Use Policy, VKNOWCUSTOMERS CORPORATION prohibits any use of the service in connection with any of content, products, and services e.g. Pornography, sexual products, otherwise sexually explicit material, Illegal drugs and drug contraband, Alcoholic beverages, Instructions or materials for the assembly of bombs or other weapons and Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam).
VKNOWCUSTOMERS CORPORATION PROVIDES ITS TECHNOLOGY, SOLUTIONS AND SERVICE ON AN “AS IS” BASIS. VKNOWCUSTOMERS CORPORATION MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, VKNOWCUSTOMERS CORPORATION DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.
WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, VKNOWCUSTOMERS CORPORATION DOES NOT WARRANT THAT ITS SERVICES OR WEBSITE WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH VKNOWCUSTOMERS CORPORATION SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTION.
NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY VKNOWCUSTOMERS CORPORATION, IT’S EMPLOYEES, LICENSORS AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION.
You hereby agree to defend, indemnify, and hold harmless VKNOWCUSTOMERS CORPORATION and its business and technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, board members, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys’ fees) in connection with any claim or action arising from any cause such as
- any act or omission that, if true, would constitute a breach of this agreement,
- any privacy or spam policy violation alleged to have been committed through any use of your VKNOWCUSTOMERS CORPORATION account,
- any other reason including but not limited to acts of God, destruction, theft, defects, viruses, communication failure, failure of performance, impairment or loss of data, suspension or termination of service, and unauthorized access to VKNOWCUSTOMERS CORPORATION’S system, records, data, or settings.
You agree that VKNOWCUSTOMERS CORPORATION has the right to seek and recover all of its damages caused by you through any use of the service in an unlawful manner, in a manner that violates VKNOWCUSTOMERS CORPORATION’S privacy, acceptable use, import, or anti-spam policies, or in a manner inconsistent with the terms of this agreement. You acknowledge that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. You acknowledge and agree that this provision will apply to all services from VKNOWCUSTOMERS CORPORATION and its affiliates whether or not VKNOWCUSTOMERS CORPORATION is notified of any possibility of such damages. The terms of this section shall survive the termination of this agreement regardless of the cause or nature of such termination.
You may terminate this agreement at any time by submitting a support ticket through VKNOWCUSTOMERS CORPORATION’S user interface. Service may not be cancelled by any other method such as phone, email, or letter.
Lack of activity alone does not automatically terminate your account, and you are responsible for service fees until you expressly cancel your account or until your data has been purged (whichever occurs first). VKNOWCUSTOMERS CORPORATION may delete any of your archived data after 30 days following the date of termination. If your account has not been cancelled and is classified by VKNOWCUSTOMERS CORPORATION as inactive for at least 90 days, VKNOWCUSTOMERS CORPORATION reserves the sole discretion and right to permanently and irrevocably delete all of your account data. In the absence of an explicit cancellation request by support ticket, you agree to pay any and all applicable fees through the date of VKNOWCUSTOMERS CORPORATION’S purging of your data. You understand and agree that VKNOWCUSTOMERS CORPORATION will make no refund of any fees whether or not the service has been used.
At any time, with or without notice, VKNOWCUSTOMERS CORPORATION may terminate this agreement or the service or disable your account in whole or in part at VKNOWCUSTOMERS CORPORATION’S sole discretion. VKNOWCUSTOMERS CORPORATION shall bear no liability to you or any third party because of any such action.
You hereby acknowledge and agree to the following terms, subject in each case to the terms indicated elsewhere in this agreement.
- The service will be subject to monthly or yearly software license fees
- Some features may not be permissible under the laws of certain jurisdictions. You agree that you bear sole control and responsibility over compliance with any such laws and assume sole liability for any noncompliance.
- You are not allowed to import or incorporate (into any contact list, message, social campaign) or upload (to VKNOWCUSTOMERS CORPORATION servers) any of the following information: social security numbers, national insurance numbers, credit card numbers, passwords, security credentials, or sensitive personal or medical information of any kind.
- If any provision of this agreement is found to be unenforceable or invalid, such provision shall be limited or annulled to the minimum necessary extent to leave the remainder of this agreement fully enforceable and valid.
- You and VKNOWCUSTOMERS CORPORATION agree that this agreement is a factual and necessary statement of the mutual understanding and working relationship of the parties and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement with any VKNOWCUSTOMERS CORPORATION representative will be honored. No delay or omission by VKNOWCUSTOMERS CORPORATION 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.
- No agency, partnership, joint venture, or employment is created as a result of this agreement, and you have no authority of any kind to bind VKNOWCUSTOMERS CORPORATION in any respect whatsoever.
- In any action or proceeding with you to enforce VKNOWCUSTOMERS CORPORATION’S rights under the Agreement, you agree that VKNOWCUSTOMERS CORPORATION will be entitled to recover its costs and attorneys’ fees.
- The agreement shall be governed by the laws of the State of Illinois, without regard to its choice of law or conflict of law’s provisions. All legal actions in connection with the agreement shall be brought in the state or federal court located nearest Chicago, Illinois.
- VKNOWCUSTOMERS CORPORATION reserves the rights to refuse, suspend, disable, or terminate any party’s service, in whole or in part, at any time, for any reason, and without notice. VKNOWCUSTOMERS CORPORATION shall bear no liability to you or any third party for any direct, indirect, incidental, special, or consequential damages due to any manner of use or inability to use service elements including but not limited to short codes, mobile keywords, online signup pages, API keys, login access, the control panel, and DSP email servers.