IVR Technology Group, LLC Outbound Messaging Terms of Use

These Outbound Messaging Terms of Use (“Terms”) govern your use of the Compass Automation Platform (“Platform”) provided by IVR Technology Group, LLC (“IVR Tech,” “us,” or “we”) to send outbound messages, and is between you and us. Wherever used in these Terms, “you,” “your,” or similar terms means the person or legal entity accessing or using the Platform to send outbound messages. If you do not agree to these Terms, you are not permitted to use the Platform for outbound messaging, and if you have used the Platform for such purpose, you must cease any and all use for outbound messaging.

1. License. Subject to your compliance with these Terms, we hereby grant you a limited, nonexclusive, nontransferable, nonsublicensable, revocable license to use the Platform for the internal business purpose of sending outbound messages to your customers or, in the event you are building to our API and have signed an API agreement with us for use by your end users, the customers of your end users.
2. Legal Compliance. You agree to comply with all applicable laws, regulations, or other requirements of any governmental authority which affect these Terms and your performance hereunder. Notwithstanding anything to the contrary in any agreement with us and these Terms, you shall be responsible for compliance with all applicable law as it relates to the call flows, text flows, communications flows, content, prompts, and data flows and your use of the Platform, and any instructions or directions you provide in the use of the Platform. Neither IVR Tech nor any licensor provides legal advice to you. You acknowledge that you are solely responsible for compliance with Federal Trade Commission rules and regulations including without limitation those regarding do not call lists, legal calling times, and dialing cellular numbers, and shall abide by those and all other laws while using the Platform.
3. Indemnification. You agree that you will not use the Platform in any manner, shape or form that violates any local, state or federal law or regulations (including without limitation violations of Section 10 of the Fair Debt Collection Practices Act, 15 U.S.C. ss 1692—1692p) and will indemnify, defend and hold IVR Tech and its licensors harmless from any and all claims, costs (including reasonable attorney’s fees), fines, penalties, causes of action related to any alleged violation of such laws or regulations by you or your users.
4. DISCLAIMER. NEITHER IVR TECH NOR ITS LICENSORS MAKE ANY WARRANTY NOR ANY REPRESENTATION, EXPRESS OR IMPLIED, WRITTEN OR ORAL, RELATING TO THE PLATFORM UNDER THESE TERMS OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTY THAT THE SERVICES ARE FIT FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY. THE PLATFORM IS PROVIDED “AS IS.” YOU AGREE THAT NEITHER IVR TECH, ITS AFFILIATES, NOR ITS LICENSORS WARRANTS THE PLATFORM OR ITS SERVICES WILL BE ERROR FREE OR OPERATE UNINTERRUPTED, AND THAT NEITHER IVR TECH, ITS AFFILIATES, NOR ITS LICENSORS WILL BE HELD RESPONSIBLE IN ANY MANNER, SHAPE OR FORM FOR ANY FAILURE OF THE PLATFORM OR ITS SERVICES TO PERFORM ANY PARTICULAR FUNCTION. We agree that in the event of an interruption in the access to or use of the Platform, we will use reasonable efforts to attempt to resume provision of the Platform. You acknowledge that the services we provide are provided through telephone and electronic devices and you agree not to hold us or our licensors responsible for any failure due to technical or electronic failures. Further, neither IVR Tech nor its licensors are responsible for any poor results as a result of judgments and choices made by you in using the Platform.
5. High Fraud International Destinations. You acknowledge that use of the Platform to send outbound messages to international destinations that are known to involve high levels of fraud may expose you to certain financial risks. By using the Platform for outbound messaging you acknowledge that you understand the increased risk of such fraudulent activity, and you hereby agree that you will have sole responsibility for any use of the Platform, including but not limited to all charges incurred as a result of any fraudulent use or the unauthorized access to your system.