These Terms of Service govern your participation in Franchise Automations Inc.’s SMS messaging program.
1. Consent to Receive SMS
By checking the opt in box and submitting your phone number, you agree to receive marketing messages from Franchise Automations Inc.
These messages may include:
- Special offers
- Appointment confirmations
- Business related promotions
- Reminders related to our services
2. Opt-Out
You may opt out of receiving messages at any time by replying STOP to any message you receive. You may also contact us directly at [email protected].
3. Help & Support
For help, reply HELP to any SMS message or contact us at the email above.
4. Carrier Disclaimer
Message and data rates may apply. Mobile carriers are not liable for delayed or undelivered messages.
5. Modification of Terms
We may revise these Terms at any time. Updates will be posted on our website and are effective immediately upon posting.
THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR Privacy Policy FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND MDF Marketing. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY MDF Marketing, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.
SECTION 1 – WEBSITE USE
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS – LICENSE TERMS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all content, information, design elements, text material, logos, taglines, metatags, hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The MDF Marketing trademark and logo are proprietary marks of MDF Marketing, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by MDF Marketing.
Subject to your continued strict compliance with all Terms, MDF Marketing provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to MDF Marketing software over the Website, MDF Marketing provides to you a revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software.
You acknowledge and agree that:
1- The software is copyrighted material under United States and international copyright laws that is exclusively owned by MDF Marketing;
2- You do not acquire any ownership rights in the software;
3- You may not modify, publish, transmit, participate in the transfer or sale, or create derivative works from the content of the software;
4- Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the software without the express written permission of MDF Marketing;
5- In the event of any permitted copying (e.g., from the Website to your computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made.
You agree not to use or attempt to use the Website or any software provided by MDF Marketing, whether alone, or in conjunction with other software or hardware, in any unlawful manner or a manner harmful to MDF Marketing. You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act on or through the Website or through use of any software or hardware including, but not limited to:
1. Harmful Acts – Any dishonest or unethical business practice; any violation of the law; infliction of harm to MDF Marketing’s reputation; hacking and other digital or physical attacks on the Website; and the violation of the rights of MDF Marketing or any third party.
2. “Spamming” and Unsolicited Communications – We have zero tolerance for spam and unsolicited communications. Any communications sent or authorized by you reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to MDF Marketing’s reputation and to the rights of third parties. It is your obligation to ensure that all business communications comply with state and local anti-spamming or analogous laws.
3. Offensive Communications – Any communication sent, posted, or authorized by you which is sexually explicit, obscene, vulgar, pornographic, offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, discriminatory, graphically violent, or solicitous of unlawful behavior.
Sensitive Information – You will not import or incorporate into any contact lists or other content you upload to any service provided by MDF Marketing any sensitive information including social security numbers, credit card data, bank account numbers, passwords, or sensitive personal, health, or financial information of any kind.
4. Illegal Business Activity – Any promotion of illegal business activity, promotion of illegal drugs (including Marijuana-derived CBD Oil), or infringement of the intellectual property rights of another.
Best Practices for Electronic Communications
- Use only permission-based marketing lists where each recipient has opted in.
- Always include a working “unsubscribe” mechanism in each marketing message.
- Comply with all requests from recipients to be removed within 10 days or the applicable legal deadline.
- Maintain, publish, and comply with a privacy policy and link to it in your messages.
- Include your valid physical mailing address in every message.
- Do not send emails to purchased or rented lists.
- Do not use third party domains or mail servers without permission.
- Do not send to non-specific addresses like [email protected] or [email protected].
- Do not disguise the origin or subject of your messages.
- Do not send chain letters, pyramid schemes, or programmatically generated addresses.
- Do not engage in spamming or send junk mail, including penny stocks, gambling, or payday loans promotions.
You further agree to conduct yourself and all of your businesses in full compliance with all applicable laws, whether through the use of MDF Marketing or otherwise