Overview
The terms and conditions on this page apply to both users of VOICELOGICTEXT web-based user interface and anyone using an application programming interface (API) in connection with the VOICELOGICTEXT service. PLEASE READ THESE TERMS OF USE COMPLETELY AND CAREFULLY. THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS PAGE. BY USING THIS SERVICE (ALSO REFERRED TO AS "WEBSITE"), WHETHER THROUGH VOICELOGICTEXT WEBSITE OR THROUGH AN API, YOU INDICATE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DISCONTINUE USE OF THIS SERVICE IMMEDIATELY. IF YOU ARE A RESELLER OR A USER OF VOICELOGICTEXT WHITE LABEL SERVICE, YOU ALSO AGREE TO INCORPORATE THESE POLICIES INTO YOUR OWN POLICIES, PRODUCTS, AND SERVICES AND TO ENSURE THAT YOUR CUSTOMERS OR USERS ADHERE TO THESE TERMS.
VOICELOGICTEXT reserves the right, at its sole discretion, to modify and post these Terms of Use at any time without prior notice. You are advised to visit this page to review the current Terms of Use on a regular basis.
VOICELOGICTEXT provides a tool to help you import subscriber data. However, contact information may be imported only if the subscribers gave full consent to receive a specified type of messaging from your organization. Proof of such specific consent will be your responsibility before sending any messages to your imported contact list..
In addition, industry regulations prohibit text-to-win campaigns by shared short code or transmitting undesirable content such as violence, pornography, alcohol, illegal drugs, and other prohibited material described in this document.
VOICELOGICTEXT service may NOT be used for sending any unsolicited messages (commonly known as spam) except for government-sanctioned cases such as financial and healthcare alerts. You agree to the privacy and anti-spam policies described in this document and agree to enforce the indicated permission-based marketing practices with anyone using your account as required by law. You agree to assume full responsibility and accept the legal consequences of any action by anyone using your account.
VOICELOGICTEXT 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. VOICELOGICTEXT also reserves the right to refuse service and cancel your account without refund, if VOICELOGICTEXT believes that your conduct is harmful to the interests of VOICELOGICTEXT and its affiliates, or anyone else. VOICELOGICTEXT reserves the sole discretion and right to permanently delete archived data after 90 days.
VOICELOGICTEXT will not use your database or any other private information stored in your account for any purpose other than those indicated in these Terms of Use or to comply with legal requirements.
Permission Based Subscription Requirements
VOICELOGICTEXT has a no-tolerance policy toward spam. Although VOICELOGICTEXT does not assume the duty or obligation to monitor messages, VOICELOGICTEXT reserves the right, in its sole and absolute discretion, to monitor any and all messages created or sent by you or any third party at any time without prior notice to ensure that they conform to guidelines and policies pertaining to our Website and services.
Evading VOICELOGICTEXT monitoring system or the transmission of spam messages through the system violates these Terms of Use. If you know of or suspect any violators, please notify us immediately by clicking here.
All mobile messages will automatically include "STOP" instructions, at the bottom of the message your are sending, such as" Text 'STOP' to OptOut".
Privacy and Anti-Spam Policies
The following terms and information (ending at "Warranty Disclaimer") constitute an introduction to the concept of spam and the general contours 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 VOICELOGICTEXT 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.
1. What is spam? Spam is any type of unsolicited message. You should not assume that an existing relationship with any message recipient constitutes permission to send messages. For example, if a customer disclosed a mobile number in the course of business but did not give you specific permission to send messages, you cannot send messages to that number. Before using VOICELOGICTEXT service, you agree to review and abide by the following linked resources and to check for any revisions, as they may be amended over time.
2. What constitutes consent? As required by law, all message recipients must be clearly and fully notified of (1) the collection of their contact information, (2) the purpose of its collection, and (3) the use of their contact information, and they must give explicit consent prior to receiving your call or message. The required record of consent differs depending on the nature of your message. Solicitation messages require prior WRITTEN consent. You must obtain consent even if you have had prior business relations with the recipients. Purchasing a product or service from you, participating in an event with you, or "liking" or "following" your business on Facebook or Twitter does not constitute consent to receiving messages from you. If you require confirmations of opt-ins to your service but do not receive a response from a given contact, you do not have sufficient consent and may not send messages to that contact.
3. What constitutes prior express written consent? If you are sending text solicitations, your campaign must meet the "prior express written consent" standard. The revised TCPA rule defines prior express written consent as a signed written agreement that clearly and conspicuously discloses the following to the consumer.
  • Signing the agreement authorizes the seller to deliver SMS or MMS messages to a designated phone number.
  • The consumer is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.
4. As indicated in the ESIGN Act, the required signature may be obtained via email, online form, text message, telephone keypad, or voice recording. Your are solely responsible
5. You agree that you will not access or otherwise use any third-party list of phone numbers or otherwise engage in unsolicited messaging in connection with our service
6. You agree to all terms set forth in VOICELOGICTEXT "Terms of Use".
7. You agree that you will import, add, edit, access and otherwise use in connection with VOICELOGICTEXT service only contact information with proof, which you shall retain, of each subscriber's prior express written consent to receive solicitation from you. VOICELOGICTEXT 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.
8. 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.
9. You agree to comply with all local, state, and federal regulations as well as general practices governing your content or promotion type.
Text Messaging Rules
In regard to text messaging, the following regulations must be strictly observed. We provide them here to underscore their importance.
  • "Content providers must obtain opt-in approval from subscribers before sending them any SMS or MMS messages or other content from a short code, or a long code.
  • "Beyond violating the subscriber opt-in policy, sending messages to third-party lists is not an effective interactive mobile marketing tactic.
  • "Selling mobile opt-in lists is prohibited.
  • All telephone numbers in your database will receive messaging from ONLY the business or organization specified for this account and not any other. By way of example, if you open a VoicelogicText account for Restaurant A and you happen also to own Restaurant B, the contact list from Restaurant A cannot be used for solicitations from Restaurant B. Furthermore, you are NOT allowed to import the list from Restaurant A into a list for restaurant B. Contact information must be used for messaging from only one business, organization, or location.
  • The revised TCPA rule states that if you are sending text messages for solicitation purposes, then your campaign must meet the "prior express written consent" standard. The TCPA defines prior express written consent as a signed written agreement that clearly and conspicuously discloses the following to the consumer.
    • By signing the agreement, he or she authorizes the seller to deliver telemarketing messages to a designated phone number by use of an automatic telephone dialing system.
    • The consumer is not required to sign the agreement or agree to enter into it as a condition of purchasing any property, goods, or services.
  • Text messages will be limited to the period between 8:00 a.m. and 9:00 p.m., recipient's local time.
Rights & Limitation of Liability
VoicelogicText reserves the right and at sole discretion to refuse, suspend, disable, or terminate any party's service at any time without notice or refund. VoicelogicText shall bear no liability for any direct, indirect, incidental, special, or consequential damages due to any manner of use or inability to use VoicelogicText services. These provisions apply to all VoicelogicText services and any information derived through the VoicelogicText system.
You hereby covenant to indemnify, defend, and hold harmless VoicelogicText , its agents, partners, technology suppliers, employees, management, board members, investors, volunteers, and representatives for any and all losses, liabilities, claims, damages, liens, causes of action, awards, judgments, costs, and expenses of whatever kind or nature that may arise from any agreement or relationship with VoicelogicText .
Acceptable Use Policy
VOICELOGICTEXT reserves the right to determine any violation of this Acceptable Use Policy at its sole discretion. VOICELOGICTEXT services may be used for only lawful purposes. Using the services in an illegal or abusive manner or any other manner that interferes with or diminishes others' use or enjoyment of the services is prohibited.
The following list gives examples of illegal, abusive, interfering, or otherwise illicit use of the services. This list is provided by way of example and shall not be considered exhaustive.
10. Adversely affecting the availability, reliability, or stability of VOICELOGICTEXT services
12. Attempting to bypass, disable, or impair any security measure or otherwise using the services in any manner posing a security or service risk to VOICELOGICTEXT, any VOICELOGICTEXT client, or any of their subscribers
13. Testing or reverse-engineering the services in order to evade filtering capabilities or to find limitations or vulnerabilities
14. Using the services in any manner that may subject VOICELOGICTEXT or any third party to liability, damages, or danger
15. Using the services in any manner that violates any applicable third-party policy or requirement
16. Promoting or engaging in any illegal activity, including but not limited to fraud, in any connection with your account
17. Using any property or material trademarked or copyrighted by VOICELOGICTEXT in any manner other than those expressly permitted under these Terms of Use
18. In message transmission or any other manner violating, infringing, or misappropriating the rights of any third party, including but not limited to trademarks, copyrights, and rights of publicity
19. Harvesting or otherwise collecting without consent information including but not limited to email addresses and phone numbers
19. Harvesting or otherwise collecting without consent information including but not limited to email addresses and phone numbers
20. Engaging in spamming or any other activity that violates anti-spamming laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act
21. Using the services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone call, text message, and voicemail
22. Offering any emergency services ("emergency services" meaning any communications connection to emergency personnel or to public-safety answering points such as 911 and E911)
23. Using your account to mislead others as to the identity of the sender or the origin of a message or phone call by any means including but not limited to a false identity, a misleading email address or phone number, and a forged header
23. Using your account to mislead others as to the identity of the sender or the origin of a message or phone call by any means including but not limited to a false identity, a misleading email address or phone number, and a forged header
24. Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software
25. Interfering with or disrupting any network connected to VOICELOGICTEXT services or violating the regulations, policies, or procedures of any such network
26. Using the VOICELOGICTEXT services or any component thereof in a manner not authorized by VOICELOGICTEXT
Prohibited Content
In addition to and without limitation to terms under the Acceptable Use Policy, VOICELOGICTEXT prohibits any use of the service in connection with any of the following types of content, products, and services.
27. Pornography, sexual products, otherwise sexually explicit material, and escort services
28. Illegal drugs and drug contraband
29. Alcoholic beverages, especially any promotion of alcohol to persons under 21 years of age
30. Pirated computer programs, viruses, worms, Trojan horses, or other harmful code
31. Instructions or materials for the assembly of bombs or other weapons
32. Disclosure of anyone's private or personally identifying information without such party's prior express written consent (or parents' prior express written consent in the case of a minor)
33. Material that displays any person under 18 years of age in an illicit or otherwise exploitative manner
34. On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under 18 years of age
35. Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including but not limited to online and direct pharmaceutical sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief, stock and trading tips), mortgage finance, claims of lost bank accounts or inheritances, and odds-making and gambling services (e.g., poker, casino games, horse and dog racing, college and professional sporting events)
36. Pyramid schemes or multilevel-marketing (a.k.a. MLM or network marketing) businesses, including but not limited to "get rich quick," "build your wealth," and "financial independence" offerings
37. Any libelous, defamatory, scandalous, threatening, or harassing activity
38. Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age
39. Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence
40. Any product or service related to death (e.g., mortuaries and cemeteries)
41. Any product or service that is unlawful where such product or service or promotion thereof is received
42. Images of authors, artists, photographers, or others without prior express written consent form the content owner
43. Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier
Warranty Disclaimer
VOICELOGICTEXT PROVIDES ITS SERVICE AND ALL RELATED CONTENT ON AN "AS IS" BASIS. VOICELOGICTEXT AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, VOICELOGICTEXT 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, VOICELOGICTEXT 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 VOICELOGICTEXT SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION, VOICELOGICTEXT WILL ATTEMPT TO REROUTE TRAFFIC THROUGH ANOTHER SHARED LONG CODE IF THE PRIMARY LONG CODE IS IMPAIRED.
NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY VOICELOGICTEXT, ITS EMPLOYEES, LICENSORS, LICENSEES, 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.
Indemnification
You hereby agree to defend, indemnify, and hold harmless VOICELOGICTEXT 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 (i) any act or omission that, if true, would constitute a breach of this agreement, (ii) any privacy or spam policy violation alleged to have been committed through any use of your VOICELOGICTEXT account, (iii) any other use of VOICELOGICTEXT service in any manner not authorized by these Terms of Use, in violation of the restrictions herein, or in violation of applicable law, and (iv) 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 VOICELOGICTEXT system, records, data, or settings.
You agree that VOICELOGICTEXT 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 VOICELOGICTEXT 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 VOICELOGICTEXT and its affiliates whether or not VOICELOGICTEXT 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.
Termination
You may terminate this agreement at any time by submitting a support ticket through VOICELOGICTEXT 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). VOICELOGICTEXT 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 VOICELOGICTEXT as inactive for at least 90 days, VOICELOGICTEXT 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 VOICELOGICTEXT purging of your data. You understand and agree that VOICELOGICTEXT will make no refund of any fees whether or not the service has been used.
At any time, with or without notice, VOICELOGICTEXT may terminate this agreement or the service or disable your account in whole or in part at VOICELOGICTEXT sole discretion. VOICELOGICTEXT shall bear no liability to you or any third party because of any such action.
Acknowledgements
You hereby acknowledge and agree to the following terms, subject in each case to the terms indicated elsewhere in this agreement.
45. The service will be subject to monthly or yearly software license fees
46. 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.
47. VOICELOGICTEXT is not required to provide data outside the system that are already available through the user interface, including but not limited to exported files containing specific messages, subscriber phone numbers, and opt-out lists.
48. You are not allowed to import or incorporate (into any contact list, message, social campaign) or upload (to VOICELOGICTEXT 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.
49. Text-to-win sweepstakes may be approved only by use of a dedicated long code. Shared short codes may not be used for such promotions.
50. 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.
51. You and VOICELOGICTEXT 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 VOICELOGICTEXT representative will be honored. No delay or omission by VOICELOGICTEXT 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.
52. 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 VOICELOGICTEXT in any respect
53. In any action or proceeding with you to enforce VOICELOGICTEXT rights under the Agreement, you agree that VOICELOGICTEXT will be entitled to recover its costs and attorneys' fees.
54. The agreement shall be governed by the laws of Ontario, Canada, 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 Province of Ontario, Canada..
55. VOICELOGICTEXT reserves the right to refuse, suspend, disable, or terminate any party's service, in whole or in part, at any time, for any reason, and without notice. VOICELOGICTEXT 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.
If you have any questions, concerns, or comments about the Terms of Use, you may click here to contact us