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Terms & Privacy

3 years ago

Website Terms and Conditions of Use

1. Terms

By accessing this Website, accessible from vysbimessage.com, you are agreeing to be bound by these Website Terms and Conditions of Use and agree that you are responsible for the agreement with any applicable local laws. If you disagree with any of these terms, you are prohibited from accessing this site. The materials contained in this Website are protected by copyright and trade mark law.

2. Use License

Permission is granted to temporarily download one copy of the materials on VYSBI S RL CV's Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose or for any public display;
  • attempt to reverse engineer any software contained on VYSBI S RL CV's Website;
  • remove any copyright or other proprietary notations from the materials; or
  • transferring the materials to another person or "mirror" the materials on any other server.

This will let VYSBI S RL CV to terminate upon violations of any of these restrictions. Upon termination, your viewing right will also be terminated and you should destroy any downloaded materials in your possession whether it is printed or electronic format.

2.1 Responsibility for End Users.

Our VYSBI message website have various onboarding flows. Some products require users to be designated by Administrators; some allow users to sign up for individual accounts which can become associated with teams or organizations at a later time; and some may allow users to invite other users. You are responsible for understanding the settings and controls for each VYSBI message Product you use and for controlling whom you allow to become an End User. If payment is required for End Users to use or access a VYSBI message product, then we are only required to provide the VYSBI message Products to those End Users for whom you have paid the applicable fees and recurring fees, and only such End Users are permitted to access and use the VYSBI message Products. Some VYSBI message Products may allow you to designate different types of End Users, in which case pricing and functionality may vary according to the type of End User. You are responsible for compliance with these Terms by all End Users, including for any payment obligations. Please note that you are responsible for the activities of all your End Users, including Orders they may place and how End Users use Your Data, even if those End Users are not from your organization. We may display our Terms of Service to End Users at sign up, or in-product.

2.2 What's included in your VYSBI message Product subscriptions; what are the restrictions.

2.2.1 Access to VYSBI message Products.

Subject to these Terms and during the applicable Subscription Term, you may access and use the VYSBI message Products for your own business purposes or personal use, as applicable, all in accordance with these Terms, the applicable Order and the Documentation. This includes the right, as part of your authorized use of the VYSBI message Products, use the client software associated with the VYSBI message Products. The rights granted to you in this Section are non-exclusive, non-sublicensable and non-transferable.

2.2.2 Support.

During the Subscription Term, we will provide Support for the VYSBI message Products (to the extent applicable), and the applicable Order.

2.2.3 Restrictions.

Except as otherwise expressly permitted in these Terms, you will not: (a) reproduce, modify, adapt or create derivative works of the VYSBI message Products; (b) rent, lease, distribute, sell, sublicense, transfer or provide access to the VYSBI message Products to a third party; (c) use the VYSBI message Products for the benefit of any third party; (d) incorporate any VYSBI message Products into a product or service you provide to a third party; (e) interfere with or otherwise circumvent mechanisms in the VYSBI message Products intended to limit your use; (f) reverse engineer, disassemble, decompile, translate or otherwise seek to obtain or derive the source code, underlying ideas, algorithms, file formats or non-public APIs to any VYSBI message Products, except to the extent expressly permitted by applicable law (and then only upon advance notice to us); (g) remove or obscure any proprietary or other notices contained in any VYSBI message Product; (h) use the VYSBI message Products for competitive analysis or to build competitive products; (i) publicly disseminate information regarding the performance of the VYSBI message Products; or (j) encourage or assist any third party to do any of the foregoing.

2.3.4 Live Agents.

“Agent” means a named user(s) in the Service employed by the Customer to operate Services for or on behalf of the Customer.

The Customer shall (a) as required by applicable law, provide notice to its customers (End-Users) and Agents, as well as obtain consent (if required) for processing and transferring Agents and End-Users Personal Data to the Company and its Third Party Service Providers; (b) be responsible for its employees, representatives, End-Users, and Agents that have access and use the Services; (c) comply with any limitations or restrictions set forth in the Agreement, and (d) use the Services only in compliance with applicable law.

The Agent can respond and escalate an automatic message to an Agent at any time and it shall let the End User know how to stop the escalation. The End User may stop the escalation at any time.

3. Disclaimer

All the materials on VYSBI S RL CV’s Website are provided "as is". VYSBI S RL CV makes no warranties, may it be expressed or implied, therefore negates all other warranties. Furthermore, VYSBI S RL CV does not make any representations concerning the accuracy or reliability of the use of the materials on its Website or otherwise relating to such materials or any sites linked to this Website.

4. Limitations

VYSBI S RL CV or its suppliers will not be hold accountable for any damages that will arise with the use or inability to use the materials on VYSBI S RL CV’s Website, even if VYSBI S RL CV or an authorize representative of this Website has been notified, orally or written, of the possibility of such damage. Some jurisdiction does not allow limitations on implied warranties or limitations of liability for incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on VYSBI S RL CV’s Website may include technical, typographical, or photographic errors. VYSBI S RL CV will not promise that any of the materials in this Website are accurate, complete, or current. VYSBI S RL CV may change the materials contained on its Website at any time without notice. VYSBI S RL CV does not make any commitment to update the materials.

6. Links

VYSBI S RL CV has not reviewed all of the sites linked to its Website and is not responsible for the contents of any such linked site. The presence of any link does not imply endorsement by VYSBI S RL CV of the site. The use of any linked website is at the user’s own risk.

7. Communication by Phone, Text or Email

If you would like to communicate with your users via email you agree to the following Compliance and Indemnity Terms (“CIT”). You are required to use the Service in full compliance with all applicable laws and regulations, including without limitation, all state, provincial and federal laws specifically including but not limited to the Telephone Consumer Protection Act of the United States, as amended (“TCPA”); the Personal Information Protection and Electronic Documents Act of Canada (“PIPEDA”), and any substantially similar provincial privacy laws; and Canada’s Anti-Spam Law, (“CASL”), all as may be amended (the TCPA, PIPEDA and CASL are collectively referred to as the “Electronic Messaging Laws”). By making any use of the Services, you expressly warrant that you are and shall continue to act in full compliance with the law. You agree that you have read and understand the Electronic Messaging Laws and any similar state or provincial/territorial laws, and all other applicable laws and regulations. You understand that in some cases, applicable state and local restrictions are more restrictive than the federal rules.

You should review these rules with your own legal counsel to ensure that you understand and comply. VYSBI will not assume responsibility for ensuring that your activities meet applicable legal requirements. VYSBI will not assume any liability if you are ever held guilty or found liable for any violation of law, rule or regulation. Notwithstanding the foregoing, you acknowledge that VYSBI has and is taking active steps to help support the compliance of its customers, including by having you agree to these Terms. You understand and acknowledge that it is generally a violation of federal law, including the TCPA, to contact a consumer by phone, text or email without prior express written consent. VYSBI is not responsible for ensuring that you do not transmit messages to consumers, including by telephone or email in violation of the consent rules. You understand and acknowledge that it is generally a violation of the federal law of Canada, including CASL, to contact a consumer by text message, phone, electronic messaging, or email without prior express written consent. You will not contact any individual through the Services or about the Services unless you have established consent to do so in accordance with the applicable law. You will provide proof of such consents or opt-ins, the messages you have sent, and your implementation of unsubscribe requests to us on our request. You will include all content required under the applicable laws in your messages, including your name, mailing address, an email, telephone or web address, and an ability to unsubscribe. You will not send any messages to any individual using the Services if the individual has opted out or withdrawn their consent, including if they have replied “STOP”, or similar, to one of your previous messages. You and not VYSBI are solely responsible for the content of your messages, and its compliance with all applicable law. You acknowledge and agree that VYSBI acts solely as a service provider to allow the sending of your messages, but that you exercise control over the message content and destination, and must ensure your messages comply with all applicable laws. VYSBI is not responsible for ensuring that you do not transmit messages to consumers, including by text message, telephone or email in violation of the consent rules. You agree to indemnify, defend and hold harmless VYSBI, along with its owners, members, directors, officers, agents, employees, contractors, consultants and vendors from and against any and all claims, suits, fines, costs, expenses, judgments and fees, including reasonable attorney’s fees, court costs and expenses, arising out of a claim alleging any violation by you of the law, or alleging facts that would constitute a breach of your warranties or obligations contained in these Terms, including this CIT. You will promptly indemnify, defend or settle, any such third-party claim, demand, lawsuit, investigation or proceeding brought against VYSBIVYSBI will: (i) promptly notify you of such claim, (ii) provide you with reasonable information, assistance and cooperation in defending the lawsuit or proceeding, and (iii) give you control and authority over the defense and settlement of such claim, subject to VYSBI's approval of any such settlement, which approval will not be unreasonably withheld.


7. Communication with VYSBI and its clients

You verify that any contact information provided to VYSBI and its clients, including, but not limited to, your e-mail address and mobile phone number is true and accurate. You further verify that you are the telephone or email subscriber and/or that you own any telephone numbers and/or email addresses that you provide to VYSBI and its clients. You acknowledge that by voluntarily providing your telephone numbers and/or email addresses to VYSBI and its clients, you expressly agree to be contacted at the telephone numbers and/or email addresses you provide. You consent to receive e-mails, text messages, pre-recorded voice messages and/or autodialed calls by or on behalf of VYSBI and its clients relating to this agreement, any transaction with VYSBI and its clients, matters related to your account, and promotions from VYSBI and its clients. These communications may be made by or on behalf of VYSBI and its clients, even if your phone number is registered on any state, provincial, territorial or federal Do Not Call list. You acknowledge that you may incur a charge for these texts or calls by your telephone carrier and that VYSBI and its clients will not be responsible for these charges.

9. Site Terms of Use Modifications

VYSBI S RL CV may revise these Terms of Use for its Website at any time without prior notice. By using this Website, you are agreeing to be bound by the current version of these Terms and Conditions of Use.

10. Your Privacy

Please read our Privacy Policy.

11. Governing Law

Any claim related to VYSBI S RL CV's Website shall be governed by the laws of mx without regards to its conflict of law provisions.

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