Seismic LiveSocial SMS Acceptable Use Policy

Last Updated: December 10, 2021

This Acceptable Use Policy (“AUP”) describes the requirements and conditions applicable to use of the Services provided by Seismic Software, Inc. (“Seismic”) to enable parties to communicate via Short Message Service (the “SMS Services”) by any user of any software application or service made available by a party to access the SMS Services (each, an “End User”).  If any End User violates this AUP, Seismic may suspend such End User’s, or the Seismic customer associated with such End User’s, use of the SMS Services.

This AUP may be updated by Seismic from time to time upon reasonable notice, which may be provided via End User’s account or e-mail.  Unless specified differently by Seismic, updates will be effective upon the effective date indicated at the beginning of this AUP.  By continuing to use the SMS Services after receiving reasonable notice of any update to the AUP, End Users agree to be bound by those new or modified provisions of the AUP.

1. Definitions

“Applicable Law” shall mean any federal, national, state, or local statute, regulation, or ordinance of the United States or another country, expressly including without limitation those relating to individual privacy or the distribution of mobile messages.

“Data” shall mean all data and other information stored by End User on the SMS Services or transmitted using the SMS Services, including but not limited to telephone numbers and message content.

“Malicious Code” shall mean viruses, worms, time bombs, Trojan horses, and other harmful or destructive code, files, scripts, agents, or programs.

2. Use of the SMS Services

2.1. End Users are responsible for all activities that occur through their use of the SMS Services and/or that occur in End Users’ accounts. End Users shall:

(a) Have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Data;

(b) Prevent unauthorized access to, or use of, the SMS Services, and notify Seismic promptly of any such unauthorized access or use of which End Users become aware;

(c) Maintain the security of End User account names and passwords by ensuring that a user login is only used by one person (a single login shared by multiple persons is not permitted) and promptly notifying Seismic of any actual or potential breach of security that may result in the transmission of unauthorized mobile messages or the theft of personably-identifiable information;

(d) Comply with Applicable Law, including, but not limited to, laws and regulations regarding (i) Data and Data privacy, (ii) recording, collecting, or monitoring Data or communications, (iii) unsolicited, unwanted, or harassing communications, and (iv) telemarketing and spam communications;

(e) Comply with all relevant CTIA and wireless carrier-specific rules imposed on communications via Short Message Service;

(f) Obtain prior express consent before sending mobile messages using the SMS Services as may be required under the U.S. Telephone Consumer Protection Act (“TCPA”), 47 U.S.C. § 227 et seq., and all implementing rules, orders, and regulations, 47 C.F.R. § 64.1200 et seq. and 16 C.F.R. § 310, or similar telemarketing and privacy laws of other countries; and

(g) Identify the End User as the sender of the mobile message in each mobile message sent using the SMS Services, except in follow-up messages related to an ongoing conversation.

2.2 The following activities are prohibited:

(a) Using the SMS Services in any manner that may expose Seismic or any of its employees to criminal or civil liability.

(b) Sending via, uploading to, or storing within the SMS Services any Malicious Code.

(c) Interfering with or disrupting the integrity or performance of the SMS Services or any End Users’ or third parties’ Data contained therein.

(d) Attempting to gain unauthorized access to the SMS Services or its related systems or networks.

(e) Attempting to bypass, exploit, defeat, or disable limitations or restrictions placed on the SMS Services.

(f) Creating a false identity or any attempt to mislead others as to the identity of the sender or the origin of any Data or communications.

(g) Sending mobile messages to generate income other than for or related to End Users’ business communications.

(h) Sending mobile messages in unusual messaging patterns that are inconsistent with normal, individual subscription use, including, but not limited to, sending mobile messages to multiple telephone numbers in a short period of time.

(i) Sending mobile messages or storing in the SMS Services any content or communications (commercial or otherwise) that are illegal in the jurisdiction where the message recipient lives, harmful, fraudulent, malicious, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise pose a threat to the public.  This prohibition includes use of the SMS Services by a hate group or content or communications that originate from a hate group or are exploitive, abusive, or hate speech.

(j) Licensing, sublicensing, selling, reselling, leasing, transferring, assigning, distributing, time sharing, or otherwise commercially exploiting or making the SMS Services available to any third party except as permitted by this AUP and the SMS Special Terms.