ROBLY TEXT MESSAGING AGREEMENT

This Text Messaging Agreement is a binding agreement between you and Robly Digital Marketing, LLC (“Robly”) and governs your use of the Robly text messaging platform that enables sending text messages (such as SMS messages) to your contacts (the “Text Messaging Platform”). This Text Messaging Agreement is in addition to the Robly Terms of Service, Privacy Policy, and any other legal agreements you may have entered with Robly, and the Text Messaging Platform shall be included within the definition of Services as set forth in the Robly Terms of Service. With respect to your use of the Text Messaging Platform, in the event of any conflict between the terms of this Text Messaging Agreement and the terms of any other legal agreement you may have entered with Robly, the terms of this Text Messaging Agreement shall prevail.

TEXT MESSAGING IS HIGHLY REGULATED AND YOU SHOULD CONSULT WITH COMPETENT LEGAL COUNSEL ON HOW TO LAWFULLY CARRY OUT TEXT MESSAGING CAMPAIGNS.

  1. Definitions.
    1. “Applicable Laws” means all applicable laws, rules, and regulations, including, without limitation, the Telephone Consumer Protection Act (TCPA), state telemarketing laws, and all applicable laws, rules, and regulations relating to data privacy and consumer protection.
    2. “CTIA Policies” means the policies and rules of the Wireless Association (CTIA), including the CTIA Messaging Principles and Best Practices Guidelines, and the CTIA Short Code Monitoring Handbook, and any similar generally accepted industry policies or rules adopted by carriers, or other practices enforced by carriers.
  2. Use of the Text Messaging Platform.
    1. You will comply with all Applicable Laws and CTIA Policies in connection with your use of the Text Messaging Platform.
    2. Text messages may only be sent via the Text Messaging Platform to contacts who (i) have provided unrevoked, prior express written consent to receive the text messages that you send to them, and (ii) have an email address associated with their contact information.
    3. You will immediately honor all opt-out requests (including, but not limited to, receipt of “stop” or similar response messages).
    4. Text messages may only be sent between 9 AM and 8 PM in the recipients’ local time zones.
    5. Robly may suspend or terminate your use of the Text Messaging Platform at any time for any reason or for no reason at all.
  3. Limitation of Liability.
    1. YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE TEXT MESSAGING PLATFORM.
    2. ROBLY WILL HAVE NO LIABILITY FOR YOUR LOST REVENUES OR PROFITS, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE TEXT MESSAGING PLATFORM, EVEN IF ROBLY HAS BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A LIMITED REMEDY SET FORTH IN THIS TEXT MESSAGING AGREEMENT IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. ROBLY’S TOTAL LIABILITY IN ANY MATTER ARISING OUT OF OR RELATED TO THIS TEXT MESSAGING AGREEMENT IS LIMITED TO THE AGGREGATE AMOUNT THAT YOU PAID FOR ACCESS TO THE SERVICES DURING THE THREE-MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE LIABILITY.