Peerly Inc. Payment Terms & Conditions

 These Terms and Conditions operate together with Peerly’s Platform Terms and Conditions, which you have read and accepted each time you log into the Platform. Should any conflict be found to exist between these Payment Terms and Conditions and the Platform Terms and Conditions, the Platform Terms and Conditions shall prevail and supersede these Payment Terms and Conditions. These Terms and Conditions are between Peerly Inc., its related companies, and the User of the Service. 

It is each User’s responsibility to protect and secure its account login and access information. You are fully responsible and legally liable for all activity on your account. 

In these Payment Terms and Conditions, Users of the Site and/or Services, whether they are subscribers, customers, or casual browsers of the site, are called ‘Users’. Services are defined in the Terms and Conditions. Please read these Terms and Conditions before using our website or Services. By using or accessing our website and/or Services, you agree to be legally bound by these Payment Terms and Conditions and all guidelines and policies incorporated by reference in these Terms.

Our website and Services are not intended to be used by minors. You must be at least the age of majority in the jurisdiction wherein you reside and do business in order to use our website.

We reserve the right to change or modify any of these Terms and Conditions at any time.

1. User Data

When you provide us with a User’s data (i.e. personal or billing data), you must: (1) provide accurate, current and complete information; (2) keep your login information and password(s) secure; (3) ensure the accuracy of your data; (4) accept all risks of and responsibility for any unauthorized access to your data and to any other information that you provide to us.

2. Service Fees & Taxes

You are responsible (financially and otherwise) for all activity on your account, including all fees incurred as a result of your activity. Charges and any other fees for the use of this website and/or the Services are described on the website, in service agreements or any in any combination thereof. Such charges and fees may change at any time. If you keep using the Service after the change, you accept the new charges and fees. Any change to charges and other fees will be applicable to the billing period following the change. You are responsible for all applicable taxes related to the fees (which may differ depending on your geographical location/residence).

3. Trademarks, Ownership & Copyright

All of the content on the website (including all files) is the property of Peerly Inc., its affiliate and associated companies. Content provided by the User is the property of the User. Any use of any portion of the Content without the prior written permission of its owner is strictly prohibited. All rights to the website and Non-User content are expressly reserved. User Content is the User’s responsibility. Peerly Inc. has no responsibility or liability for User’s Content, or for any losses or damages, your User Content may cause. We have absolute discretion, but no obligation, to remove, or change any User Content, at any time and for any reason.

4. Limited License of the User Content to Peerly Inc.

Peerly Inc. requires the right to access and use the User Content to the extent necessary to operate the website and the services. By uploading/entering User Content to the website/platform, the User grants Peerly Inc. and its subsidiaries and affiliates a non-exclusive, royalty-free, transferable right to use and modify works from such User Content on the website. Peerly Inc. is not required to pay or compensate User for such access or use.

5. Privacy Policy

Peerly Inc. collects personal information when Users place an order or otherwise voluntarily enter such information into our system. Our server automatically records information when Users visit our website, including the URL, IP address, browser type and language, and the date and time of each User request. We will not disclose personal information to third parties, except where required by law and in response to a subpoena or investigative demand from a court or agency with jurisdiction over such matters, or in respect to an investigative request from USTelecom. We may use personal information to provide the Services and products you’ve requested, including services that display customized content and or email advertising. We may also use personal information for auditing, research and analysis to operate and improve our technologies and Services. Peerly Inc. processes all personal information on its own servers which are located in North America.

6. Warranty

The Site, the Content, and the Services are provided to you on an “as is” basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not represent or warrant that Content is complete, accurate, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the Site, the Services, the Content or any portion thereof.

7. Limitation of Liability

Users waive and shall not assert any claims or allegations of any nature whatsoever against Peerly Inc., its directors, officers, employees, agents, affiliates, subsidiaries, associated companies, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees, arising out of or in any way relating to your use of the website or Services, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights and alleged inaccuracy of Content. We shall not be liable for any damages, including but not limited to loss of use, loss of profits or loss of data, arising out of or in any way connected with the use of the website or Services.

7.1 Message Privacy

The User acknowledges that message content is transmitted unencrypted and that eavesdropping of phone communications by third parties is possible.

7.2 Delivery

The User acknowledges that Peerly Inc. delivers messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery of the messages within the technical constraints imposed by the above-mentioned third-party providers. Messages submitted via our website will be transferred to the addressed recipients, provided that the recipient’s receiver is switched on and located in an area covered by their subscribed network provider. The User acknowledges that, depending on the recipient’s provider service, it may not be possible to transmit the message to the recipient successfully, particularly if the provider does not support the chosen delivery method at all.

7.3 Large Volume Transmission

The User acknowledges that transmission of large numbers of messages may be subject to restrictions and delays on the part of the network providers affected.

 

7.4 Disruptions & Damages

If the User causes damages or disruption of the website or our delivery system with malicious intent, he/she shall be liable for all direct and indirect consequences and associated costs, including full legal costs.

7.5 Message Content

The User assumes full responsibility for the content of the messages transmitted by it or by a third party on its request. The User agrees to abide by all laws and regulations applicable to the content and intent of the messages transmitted through the User’s account. The User shall be liable for all consequences, liability and costs arising out of any offenses against such laws and regulations. The User must ensure that its message delivery does not cause disturbance or harassment of a recipient or other third party. The User agrees to not send messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content. The User is not permitted to send messages to recipients who have made it clear that they do not wish to receive these messages or advertisements (i.e. to recipients on a Do Not Call List or who have ”opted out”). The sender of such unsolicited messages (the User) bears full legal and financial responsibility and liability for such actions. Peerly Inc. shall not be liable for any damages arising out of or in any way connected with the use of the website by such Users.

8. Applicable Law

The User agrees that all disputes, claims or other matters arising from its use of the Services shall be governed by the laws of the State of New York, USA. The User also agrees that all Claims shall be heard and resolved in a court of competent jurisdiction located in Erie County, New York, USA.

9. Termination/Modification of License

Peerly Inc. reserves the right, without notice and in its sole discretion, without any liability to Peerly Inc.,  to terminate or limit the User’s license and/or access to use the website or any Services provided by us. In the event of a violation of our Terms and Conditions, your account will be terminated or placed under review and the User will not receive a refund for any unused portion of credits. 

10. Inactive Accounts/Termination of Agreement

If your subscription payment has been canceled, rejected, not cleared or not received on time, we may deactivate and/or delete your account without any notice. All your data will be lost. You and Peerly Inc. may terminate these Terms and User’s usage of the Site and Services at any time, with written notice. Purchased message credits and other fees are not refundable or transferable and do not bear interest. In case of account/program cancellation by the User, unused credits will expire immediately.

11. Subpoenas Investigative Demands 

Peerly Inc. is a compliance-focused company.  We will cooperate with valid subpoenas and investigative demands from courts and agencies with legal jurisdiction, and with investigations and valid requests received from USTelecom. 

12. Contact Information

If you have any questions regarding these Terms or the website, please contact us at legal@peerly.com

13. Peerly’s Risk-Free 10-Day Trial & Refund Policy

All Monthly Subscription Plans activated prior to Oct 24th 2020 include a 10-day trial period that allows Users to receive a refund of 90% of the purchase price, minus the User’s per message usage cost which will be billed at a rate of 4.9 cents and minus the 3.1% compliance fee. The 90% refund will be granted for any request within the 10-day trial period excluding usage and the said compliance fee.
NO REFUNDS will be issued after the 10-Day Trial.

NOTE: Activations on or after October 24th until November 3rd – 24 Hour Refund Period Only

To prevent misuse of our standard refund policy during the final 2 weeks of the 2020 election. Accounts that activate from October 24th – November 3rd, 2020 that cancel their account within 24 hours of activation will receive a partial refund only. The refund will be minus a 10% training/set up fee & any usage will be deducted at a rate of 5 cents per text message segment that was used during this period.

The User understands and acknowledges that all subscription plans will automatically renew monthly until canceled. The User may cancel, downgrade or upgrade their subscription anytime prior to their next billing cycle. Cancelations will not be billed upon the next billing cycle. All cancellations must be under the User’s account within the manage account section. 

The User can downgrade or upgrade their plan anytime before the next billing cycle. 

Downgrades will be reflected in the User’s next billing cycle. Upgrades will be reflected immediately and credits will be available for use and your billing cycle date will be reset to reflect the day of your upgrade and this date will be the start of your new billing cycle. 

Funds/Credits Expire on the first day of your new billing cycle. For example, if you are on a monthly plan any unused credits will expire 30-days after the purchase date at 12:00 AM EST. If you are on a 60-day billing cycle plan your credits will expire at the end of the 60th day at 12:00 AM EST. 

When purchasing a Monthly Subscription Plan, The User understands and acknowledges that they are purchasing to secure a wholesale or discounted rate and the User is agreeing to a minimum of 1 month of service at the prescribed rate. This will allow full access to the system and dedicated reserved capacity whether the User uses the system regularly or not. For this reason, no refund will be issued beyond the (10th) day after the day of purchase. 90% of the purchase price will be refunded minus usage and the compliance fee. The remaining 10% of the funds are held back indefinitely to cover the cost of reserving the capacity, system training, dedicating resources and usage costs. 

ALL refunds of 90% of the User’s purchase price are subject to a 3.1% compliance/administration fee, that will be deducted from ALL refunds. There are no exceptions to this policy. (Refund Example: a Trial account has 10 full days until 12am EST of the 10th day after the purchase to request a refund. For example, if the user requests a refund, 90% of the $349.00 will be refunded = $314.10. No additional fees other than minus usage billed at 4.9 cents and the 3.1% compliance fee will be deducted from this refund.) 

14. Cancellations

To cancel your subscription you must send an email to cancellation@peerly.com with your name, account name, account ID (number) and e-mail requesting your subscription to be canceled.

15. Account Activation/Trial Account Refunds

No Refunds will be issued on account activations or monthly trial accounts. The User understands that when activating their account they have purchased a username and password and access to a fully operating account. The services have been rendered in full the moment you received your login information, whether you choose to use your account or not. You may cancel your monthly account at any time prior to the billing window and you will not be billed for the following month. If you cancel after the billing window you will be charged for that month and your account will be canceled the following month.

16. Chargeback Policy

After the purchase of credits, Users have ten (10) days to request a refund of 90% of their purchase price minus usage billed at 4.9cents per message and deducted from the refund amount. After the ten (10) day period, you waive all rights for a refund of any type, for any reason. ALL attempted chargebacks will be disputed and your account will be locked until the issue is resolved. Peerly WILL take legal action to obtain any lost funds due to chargeback fraud, including reporting the unpaid debt to the applicable credit bureau.

17. FCC, TCPA & REGULATORY COMPLIANCE

It is the User’s sole responsibility to ensure that you are compliant at all times, with all local, state and federal laws and regulations governing the use of the Services, including but not limited to the Telephone Consumer Protection Act, federal and state Do-Not-Call laws, Fair Debt Collection Practices Act, Can-Spam Act, and all other legislation, rules, regulations, and codes regulating and governing the Services.   

The Federal Communications Commission has issued rules to ensure consumer protection in regard to commercial SMS messaging; that is the sending of marketing text messages to mobile phones. The Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act are the applicable laws regulating marketing using SMS messaging in the United States of America.

The CAN-SPAM Act defines commercial messages as those that primarily advertise or promote a commercial product or service. This excludes transactional messages – notifications to facilitate a transaction a consumer has already agreed to receive, for example, messages that provide information about an existing account, or warranty information about a product you’ve purchased. Also excluded are non-commercial, informational texts, for example, messages by or on behalf of tax-exempt non-profit organizations, those for political purposes, and other non-commercial purposes, such as school closing.

The application of these regulations to commercial SMS messaging are set out in compliance and best practice manuals by industry bodies, namely the CTIA – The Wireless Association and the Mobile Marketing Association (MMA). It is your responsibility to ensure that your SMS messaging program is compliant, and you should make yourself familiar with the relevant industry codes, guidelines, and all applicable laws, and seek independent legal advice whenever you are uncertain. The information provided above is for general information purposes only. It is not intended to provide legal advice or opinions of any kind. No one should act, or refrain from acting, based solely upon the materials provided herein, 

18. Privacy & Data Protection

Consumers have the right not to receive unsolicited marketing communications via SMS.

19. Opt-In: Consent to Marketing

A consumer has to provide consent before they receive marketing communications via SMS. This consent needs to be in writing (for example, in an email or by other formal tangible methods of communication). This means that you need to ensure that consumers are informed about what they are to receive before sending marketing messages. Records of consumer approval to receive marketing communications must be kept. These records are to include the method, time, date, and location by which a consumer provided their consent as well as the terms for the receipt of marketing communications to which a consumer agreed to receive {NO third party lists}.

20. Opt-Out: Removal of Consent to Marketing

The universally recognised method of opting out from receiving marketing communications via SMS is for a consumer to reply“STOP” to a message they received. You also need to honour any opt-out requests sent via other channels, (for example, via email or telephonically). A “STOP” confirmation message must be sent to the consumer to confirm the opt-out. This message should include the name of your company and the following words: “You have opted out. You will not receive additional messages”. Records of opt-out communications must also be maintained.

21. Audience & Message Content

The content of marketing messages must be appropriate for the intended audience and should not be likely to offend, upset or harm, etc, any recipient of the message, whether deliberately or otherwise. In this regard, you must comply with all applicable laws and industry standards that apply to the marketing of children.

22. Sending Time-Frame

The TCPA stipulates that text messages may only be sent between 8:00 AM and 9:00 PM in the time zone where the recipient is located. If your service sends messages to contacts in different timezones, contact us about the various service options we can provide.

23. Record Keeping

It is generally recommended that to protect your organization from future disputes, Users should  maintain each contact’s consent for at least four (4) years from that date in which the consent was given 

There are numerous federal and state rules and regulations governing automated phone calls and SMS messaging. It is your responsibility to adhere to ALL of these rules at all times.