Changes to this Agreement:
We reserve the right to change these terms and conditions at any time and will supply notice if contractually obligated. You are responsible for regularly reviewing these terms and conditions.
Marketing Platform Provider:
The Site is owned and operated by Skycore, LLC. (“Skycore”). All content included in the Site is protected by U.S. and international copyright laws. “Skycore,” “the Site” and the Skycore logo are trademarks of Skycore. You may not use our trademarks without our written permission.
The account holder is the person or entity to which the account is registered. The Account Holder is a client of the Marketing Platform Provider and uses the marketing platform to communicate with End Users.
End User: An end user is any recipient of communications from an Account Holder using the Marketing Platform or any of the marketing platform provider’s tools or services.
End User Access to the Services:
You must be at least 13 years of age to access the Service (18 in Florida). You are responsible for any fees you incur to access the Service such as access to the internet, sending and receiving multimedia messages; and for mobile data and SMS charges.
End User Ownership of the Content:
You acknowledge and agree that the Content made available as part of the Service is protected by intellectual property laws. By using the Service, you have been granted a limited, non-exclusive, non-transferable, revocable right and license to use the Content on a mobile device solely for your own personal, non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content.
End User General Disclaimers: WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SITE, SERVICE OR ANY THIRD-PARTY CONTENT AND ANY PRODUCTS ADVERTISED BY SUCH THIRD PARTIES TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
End User Limitation of Liability:
We are not responsible or liable to you for any direct, incidental, consequential, indirect or punitive damages that result from your access to or use of the Service and/or the Content. By availing yourself of the Site, Services, Content or related services, you agree to release and hold Skycore. its employees, officers, directors, shareholders, agents, representatives, affiliates and subsidiaries harmless from any and all losses, damages, rights, claims and actions including but not limited to:
- mobile device hardware or software malfunctions, failures or difficulties of any kind;
- failed, incomplete, garbled or delayed messages or content;
- any disruption or corruption of the Content;
- any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Content; and
- mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter or find objectionable.
End User Links and Advertising:
WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO ANY THIRD-PARTY CONTENT AND ANY PRODUCTS ADVERTISED BY SUCH THIRD PARTIES TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
When you complete the registration process you will be provided with unique username and password and become an Account Holder. An Account Holder may be an individual or a company. You must be 18 years or older to be an Account Holder. You have the sole right to authorize Access to your Account to others and shall be fully responsible for their use of their Accounts under this Agreement. You are responsible for keeping your name, address and any payment or billing information up-to-date.
Password: We will take commercially reasonable measures to maintain the confidentiality of and prevent the unauthorized use of each username and password. You hereby authorize Skycore to rely upon any information and/or instructions set forth in any communication using the registered email address of the Account, in connection with permissions to that Account.
Service Level Agreement (SLA):
We will make the Platform available twenty-four (24) hours per day, seven (7) days a week with an uptime target of 99.9%, excluding Scheduled Maintenance. The level of service guarantees shall be defined in the Service Level Agreement Addendum.
We will take regular back-ups of your Content and Data.
General Representations and Warranties: By using the Service, you represent and warrant that:
- Your registration data is correct, and you will promptly notify us of any changes;
- None of the Content provided by you shall breach or infringe the rights of any third party (including copyrights, trademarks, patents, privacy or other personal or proprietary rights);
- You are fully authorized to enter into this Agreement, and perform according to the terms and conditions;
- You will prominently publish your support contact information and provide a means of support for End Users you communicate with.
- You will not use the Site in any manner that is (i) pornographic, obscene, threatening or abusive in nature; (ii) likely to defame any third party;
- You will not, nor cause any third party to: (a) copy the Platform; (b) modify, translate or otherwise create derivative works of the Platform; (c) disassemble, decompile or reverse engineer the object code or source code of the Platform; or (d) publish, or otherwise make available to any third party, any benchmark testing information or results.
- You will carefully monitor your processes and procedures so as to not knowingly cause the Platform to transmit unsolicited Content to End Users who have not specifically agreed to receive such content; or to introduce malicious programs into End User’s equipment, or Carrier’s network, gateway or servers.
- You will not use the Site in any manner that violates the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act of 1991, or any other applicable law, including, but not limited to:
- Sending SMS/MMS messages to a mobile device or number which has not affirmatively “opted-in”or continuing to send messages to a mobile device or number that has “opted-out”;
- Sending emails without a valid “Unsubscribe” link or sending messages to an email address that has previously unsubscribed or opted-out;
- Inappropriately targeting children and anyone under the age of 13 in violation of FTC rules and regulations, or any other applicable law. Best practices to be used when advertising to children can be found at the following URL: http://www.caru.org/guidelines/guidelines.pdf
You represent and warrant that you are the owner, agent or authorized licensee of all right, title and interest in and to any intellectual property, proprietary rights or other rights relating to intangible property which is used, developed, comprising, embodied in, or practiced in connection with this Agreement . Without limiting any other remedies, we may terminate your account if you are found to have in any way engaged in fraudulent activity in connection with the services.
By displaying, uploading, creating or publishing any Content, messages, text, files, images, photos, video, sounds, profiles, works of authorship, or any other materials (collectively, “Content”) through the Services, you hereby grant Skycore, a non-exclusive, fully-paid and royalty-free, worldwide license to use, copy, modify, adapt, translate, publicly perform, publicly display, store, reproduce, transmit, and distribute such Content on your behalf. This license will immediately terminate at the time you remove such Content from the Site. Notwithstanding the foregoing, a back-up or residual copy of the Content posted by you may temporarily remain on the Skycore’s servers after you have removed the Content. You further agree to pay for all royalties, fees, and any other monies owing to any person for Content distributed by you.
A violation of the content policy will result in removal of the content. Repeat offenses in the content policy or failure to comply will result in account termination. We do not allow:
- Content that contains anything that is obscene or indecent or anything with strong sexual, explicit or erotic themes; or
- Content that contains hate speech; or
- Content that contains excessive violence; or
- Content that contains extreme profanity; or
- Content that contains misleading or fraudulent claims; or
- Content that glamorizes alcohol abuse, illegal drug use or use of tobacco products.
By using the Service, you represent and warrant that you will:
- adhere to all applicable local, state and federal laws, rules and regulations regarding advertising and promoting the Services.
- follow the MMA Consumer Best Practices for advertising (http://www.mmaglobal.com/bestpractices.pdf);
- obtain written approval BEFORE offering any sweepstakes, contests or lottery through SMS;
- provide reasonable advanced notice before any national advertising campaign or predictable high volume spike in messaging or web traffic
The following terms and conditions apply to the Free Plan:
- Your Free Plan begins when your account is created;
- Free Plans have restrictions in place. You may not be allowed overage until you add a credit card to your account;
- Free Plan accounts have no cash value and are non-refundable and non-transferable. The Free Plan is void where prohibited. The Free Plan is subject to change and may be suspended or terminated at any time for any or no reason, and with or without notice.
You will be billed the published rate in your agreement of on the site for services including, but not limited to:
- Sending or receiving MMS/SMS messages;
- Sending or receiving Email messages;
- Hosting Video Content.
- Hosting Landing Pages
- Inserting Barcodes into MMS & Email
Some prices vary depending on the country in which the service is to be provided. Once you reach the monthly minimum in any given billing period, any additional usage will incur overage fees. On each billing date, your account will be charged for the previous billing period’s overage fees plus the next billing period’s monthly minimum payment.
Credit Card Billing:
You maybe asked to pay for services with a credit card. We accept payment by credit card, including VISA, MasterCard, Discover and American Express.
By agreeing to the Terms and Conditions you hereby authorize:
- Skycore to charge your credit card for Monthly plans and overage fees; to post recurring charges to your credit card from the date of sign up until such time that you cancel or change your plan;
- the issuer of the credit card to pay any amounts without requiring a signed receipt;
- Skycore to attempt to charge all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full.
- agree to provide updated credit card information upon request and as necessary to ensure prompt and successful billing;
- acknowledge that we will not have any liability whatsoever for any insufficient funds or other charges incurred by you as a result of such attempts to charge your credit card;
- acknowledge that, when removing credit card information from an account with a balance owed, the credit card being removed may be charged the remaining balance unless it is replaced by another valid credit card.
We may allow invoice billing on your account. If you are eligible for, and choose to accept invoice billing, we will invoice all charges incurred by your account monthly. The invoice must be paid within 30 days of receipt. We may extend the grace period on the invoice payment at its sole discretion.
Account Holders may choose pre-paid billing as an alternative to Credit Card or Invoice billing. Pre-paid billing allows you to pay for desired services before use, and as such, if you use services totaling the amount pre-paid, your account may be frozen until an additional pre-payment is made.
Line of Credit:
We may choose to extend a line of credit. An Account Holder with a line of credit may incur charges up to the maximum limit without having their account frozen. No interest is accrued debt until it is past due.
Late Payment & Failure to Pay:
We may suspend or terminate Service if your payment is past due. In the event you fail to pay or we are unable to bill charges to your credit card, we may assign unpaid late balances to a collection agency. In the event legal action is required to recover unpaid amounts, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses.
In order to ensure uninterrupted service, accounts are automatically renewed at the end of each monthly billing cycle and the Account Holder is subsequently charged the next months fees as well as any overage from the previous month. Plan renewal fees are based on the prevailing rate on the date of renewal.
We may make adjustments to the Platform to comply on behalf of Account Holder. You understand that any adjustments made to comply may impact or change the Services availability. All messages sent using the Platform must comply with the following laws, rules, regulations or best practices:
- Mobile Marketing Association’s Consumer Best Practices Guidelines
- Section 5(a) of the FTC Act, 15 U.S.C. § 45(a)
- Section 5(a)(3) of the CAN-SPAM Act, 15 U.S.C. § 7704
Disputes and Termination:
You understand and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with us. You are liable for charges incurred until your Account is terminated. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
YOU ARE RESPONSIBLE FOR TERMINATING YOUR ACCOUNT AND THIS AGREEMENT. SKYCORE IS NOT RESPONSIBLE FOR ANY CHARGES AND FEES YOU INCUR AS A RESULT OF YOUR FAILURE TO PROPERLY TERMINATE YOUR ACCOUNT AND ANY OTHER AGREEMENT WITH SKYCORE.
OUR SITE AND ANY SOFTWARE ACCESSIBLE THEREIN ARE PROVIDED TO YOU ON AN “AS IS” BASIS. WE MAKE NO WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW.
Limitation of Liability:
We are not liable to you for any direct, incidental, consequential, indirect or punitive damages that result from your use of the Service. By availing yourself of the Site, and related Services, you agree to release and hold Skycore and its employees, officers, directors, shareholders, agents, representatives, affiliates and subsidiaries harmless from any and all losses, damages, rights, claims and actions of any kind arising from or related to the Site and related Services, including but not limited to:
- telephone, mobile phone, electronic, hardware or software, network, Internet or computer malfunctions, failures or difficulties of any kind;
- failed, incomplete, garbled or delayed computer or telecommunication transmissions;
- any disruption or discontinuance of the Site or related Services;
- any injuries, losses or damages of any kind arising in connection with or as a result of your use of the Site and or related Services, including the potential for malicious software or viruses to be covertly attached to content, messaging or other Services by third parties;
- any printing or typographical errors in any material associated with the Site;
- for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity encountered on the Site;
- Any injuries, losses or damages of any kind arising in connection to or as a result of your violation of any rules, regulations or laws, including but not limited to the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act of 1991 (TCPA), or the Children’s Online Privacy Protection Act.
This agreement is governed by the laws of the State of Massachusetts without giving effect to any principles of conflicts of law. All sections of this Agreement that by their nature should survive termination will survive termination, including, without limitation, ownership, warranty disclaimers and limitations of liability.
Notice of Alleged Copyright Infringement:
If you believe that material posted on the Site infringes upon your intellectual property rights please visit here
Contacting the Marketing Platform Provider:
Changes to Service & Pricing:
Pricing changes by Third Parties including, but not limited to, technology vendors, service providers, Carriers or aggregators may result in changes to the cost for Skycore to provide services. Pricing is therefore subject to change with 30 days’ notice.
We will host and transcode videos for your mobile web applications. We will detect the source device and provide the best known video codec to be served. We will make commercially reasonable efforts to remain current with device profiles and video formats.
By uploading a video, you warrant that:
- The size and duration of the video is consistent with current advertising & infomercial standards and is not being used to serve full movies, tv shows or other long-form content.
Skycore services include the ability to create Landing pages hosted on Skycore servers. You can add Forms for campaign opt-in as well as custom Text/HTML. We may automatically adapt images and html elements for the proper display on a mobile device. Skycore does not guarantee that all landing pages will look consistent on every device but we will make commercially reasonable efforts to test and render the landing page appropriately for target devices.
Mobile Polls & Quizzes:
Skycore services include the ability to create Quizzes and Polls for use within landing pages.
QR Code / Short Link Services:
Skycore services include the ability to create QR Codes intended for print applications. These QR codes can be used to track scans from a mobile device to a Landing page. In addition we also generate a Short link that can be used to track clicks. You will be able to repoint the QR code and tiny link at any time to different URLs.
The Marketing Platform Provider services include the ability to create 2d barcodes for both electronic distribution through email and to mobile devices as well as 2d barcodes intended for print applications. These barcodes can be general use or assigned to specific end users, mobile numbers or email addresses for tracking and other purposes.
You hereby warrant that:
- You will accurately represent the information contained in and around the barcode to the end user and you will not attempt to mislead any end users as to the origin, function, contents or implications of any barcodes used;
- You will not make or imply Skycore as a party to any transaction associated with the barcode.
Branded Barcode Imagery:
You may upload logos, icons, graphics files to be combined with 2D barcodes databases upon delivery. It is your responsibility to check the appearance and readability of the final combined image.
You hereby warrant that:
- Your content accurately represents the offer or value of the 2D barcode transaction.
Barcode Databases and Values:
You may upload a CSV file of values to be delivered as 2D barcodes. You may also utilize APIs to retrieve and send values. Skycore is not responsible for the economic interest of the database values.
You hereby warrant that:
- You have adequate rights to the information contained in the database values.
- Your use of the databases, APIs and other data lists does not violate any financial or privacy laws.
We shall take commercially reasonable efforts to ensure that content and messages are delivered as intended and in a timely manner. You understands that the time it takes to deliver content or messages through the Carriers is dependent upon the conditions prevailing at the time of submission, including, but not limited to, whether (i) the recipient has compatible equipment configured and enabled to receive a Messaging Event; (ii) the account Capacity has not been exceeded; (iii) the message is sent to the correct mobile phone number, network entity identifier, or such other data; (iv) the handset is turned on and within an area covered by the Carrier; (v) the device has enough memory available for the content or message. We make no representations that messages and content can be terminated to all handsets through a particular operator in a supported country.
We shall make available online reporting and statistics in certain formats based on the usage history. The format and level of detail in reports are determined by the type of message. We will take commercially reasonable efforts to ensure that all reporting is accurate based on best available data. You acknowledge that (i) different mobile content delivery technologies have different levels of report granularity, (ii) carrier lookup, handset discovery, and delivery receipts are not always available.
The number of Messaging Events is limited per second. The throughput capacity of Messaging Events in each Account is set forth in the applicable addendum.
By availing yourself of the MMS or SMS messaging services, you hereby:
- Acknowledge that it is the responsibility of you, the account holder, to ensure that any recipients of SMS or MMS messages have either affirmatively opted in, or that you have some other legitimate and legally acceptable justification for sending the message, such as an “implied opt-in”;
- You will not use the Marketing Platform Provider services to send messages to any email addresses that corresponds to or represents any mobile device or number that has not ‘opted-in’ to receive such communications, in violation of the Telephone Consumer Protection Act of 1991;
- You will not use the Marketing Platform Provider services to promote, advertise or operate any sweepstakes, lotteries or contests without prior approval from the Marketing Platform Provider;
- Agree that if a user ‘opts-out’ you will promptly remove said user’s mobile number(s) from your lists, datasets, and databases;
- Agree to indemnify and hold harmless the Marketing Platform Provider of and from any and all claims, demands, losses, causes of action, damages, lawsuits, judgments, including attorneys’ fees and costs, to the extent caused by or arising out of or relating to your use of the services;
- Agree to include “Reply STOP to cancel” in each message sent from a campaign with recurring messages.
- Agree to provide the following to end users in your opt-in confirmation message for recurring message campaigns:
- Frequency of the messages;
- Instructions for opt-out and help.
End users may opt-in to SMS or MMS campaigns by either affirmative opt-in through SMS or MMS message to a short code or by entering their mobile number on a web page.
Certain response messages are required by carriers. The following messages are delivered automatically unless they are manually deactivated by the Account Holder.
- Subscription Opt-In SMS CTA (messages sent to confirm intent to opt-in)
- Subscription SMS Confirmation (message confirming subscription success)
- Subscription SMS Reminder (message reminding of subscription)
- Subscription SMS Cancellation (messages confirming subscription cancellations)
- Help SMS reply (messages providing help, pricing & contact info)
SMS Keywords are issued on a first come, first serve basis and shall remain exclusive to the Account Holder while the keyword is in active use. If a Keyword remains inactive following the allotted time period (60-90 days), that Keyword will be removed from the account and made available to accounts controlled by the Shortcode owner. The Shortcode owner owns and retains all rights to all keycodes used on the Shortcode. All Keywords are subject to immediate forfeiture in the event of trademark infringement.
The Marketing Platform Provider is not liable for any loss or damages incurred as a result of an undelivered message.
The Marketing Platform Provider services include the ability to create,send and receiving mobile optimized emailmessages. We will deliver the transactional messages through your own mail server or through a mail server provided by Skycore. We will automatically append a prominently-displayed and working unsubscribe link and the mailing address you provide to all email messages sent , as required by the CAN-SPAM Act of 2003. We may automatically adapt images, video and html elements for the proper display on a mobile device. Skycore does not guarantee that all email message will look consistent on every device but we will make commercially reasonable efforts to test and render the content appropriately for target devices.;
By availing yourself of the Email services, you hereby agree and warrant that:
You are solely responsible for the content of the messages you send and for any violations of applicable law that result from the sending of said messages.
- You will provide your valid and accurate physical address in your account registration information to be automatically appended and prominently displayed in all email messages sent to end-users
- You have adequate rights to or in the content of any email messages sent;
- You will not use the Marketing Platform Provider services to “spam” any person, business or other entity;
- By using the services, you hereby agree to indemnify and hold harmless the Marketing Platform Provider of and from any and all claims, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys’ fees and costs, to the extent caused by or arising out of or relating to your use of the services.
- You will clearly and conspicuously identify all commercial email messages, as being commercial in nature;
- You will not attempt to mislead end users about the nature of the messages, your identity, the origin of the message, the message routing information, or any other information;
Promotional value can’t be combined with other offers. Does not cover tax or gratuity. Not reloadable. Fully transferable.
Not redeemable for cash, unless required by law.
Unauthorized reproduction, resale, modification or trade prohibited. Certain maximum resale premiums and restrictions may apply to Event Tickets.
To make a purchase you represent that you are (1) at least 18 years of age, or (2) of legal age to form a binding contract.
After the expiration date on a pre-paid voucher, it may still be used at the business for the amount paid, which never expires. If a business closes or does not honor the voucher you will be issued a refund as long as no goods or services were exchanged. If goods or services were exchanged then you may discuss a refund or credit with the merchant based on their standard refund policies. The refund available to you will be based on the amount you paid minus the full value of goods received, not the discounted or proportionate value.
After the expiration date on a ticket, the value is forfeit and will not be refunded. You may request a refund from the company issuing the ticket. The refund policy of mobile tickets will be based on the ticket issuers standard refund policy published on their site. Any retail voucher chained to a ticket purchase will be subject to the retail refund policy above. Any refund made by the retailer will be based on the amount you paid minus the full value of the ticket and minus any additional retail goods or services received, not the discounted or proportionate value. Only the ticketing company can refund the retailer, the retailer may not refund a ticket value.