Terms & Conditions and Privacy Policies
Terms & Conditions
Effective Date: November 25 2024
NEXIVITY SMS/ MMS Terms of Use
By using our services, you agree to comply with and be bound by these Terms and Conditions. Please review them carefully. If you do not agree to these terms, you should not use our services.
- Services Provided NEXIVITY offers customer care services through SMS communication. Our services include providing support and information based on user requests.
- User Responsibilities You agree to provide accurate and complete information when requested.
You are responsible for maintaining the confidentiality of your account and for all activities that occur under your account. - Opt-In and Opt-Out By initiating contact with NEXIVITY or subscribing to our services, you consent to receive SMS messages from us.
You may opt out of receiving SMS messages at any time by texting “STOP” to the number you received messages from. To receive help, text “HELP” to the same number.Note: this is not an automated system, a live human will respond to you, response time will vary based on availability. - Privacy We respect your privacy and do not share your SMS content or contact information with third parties.
For more details, please refer to our Privacy Policy. - Prohibited Uses You may not use our services for any illegal or unauthorized purpose.
You agree not to interfere with or disrupt our services.Certain use cases are never allowed, including (but not limited to):
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deceptive marketing
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fraud/scam
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SHAFT (sex, hate, alcohol, firearms, and tobacco)
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cannabis promotion/sale
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debt relief
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high-risk financial services
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third-party lead generation services
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gambling.
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- Limitation of Liability NEXIVITY will not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of our services.
Our total liability to you for any claim arising out of or relating to these terms will not exceed the amount you paid for the services. - Changes to Terms We may update these Terms and Conditions from time to time. We will notify you of any changes by posting the new Terms and Conditions here and updating the effective date.
- Contact Us If you have any questions about these Terms and Conditions, please contact us at support@nexivity.com
SMS/MMS Messaging Terms of Service
SMS/ MMS Terms of Service.
As an IT MSP helping our clients with VOIP Servers, NEXIVITY is dedicated to providing the highest quality of service, while working to eliminate spam, phishing, and fraudulent messages. To help ensure these goals are met, and in accordance with CTIA messaging guidelines, the following policies apply to any SMS/ MMS solutions that we help set up.
- Business SMS Use of Business SMS must comply with Business SMS messaging guidelines and cannot be used for automated messaging, including: appointment reminders, notifications, chatbots, 2FA, etc.
- Opt-in / User Consent Before sending an SMS message to any number you must have their express consent to do so. It’s important to note that implied consent is not considered sufficient for SMS outside of immediately responding to a received message, nor is purchasing a list of “users who have opted in to SMS.” A user must actively ask to receive SMS messages from you. Remember, consent must be given for each campaign or message type you intend to send. Marketing or promotional messages require the recipients, express written consent.Consent may be obtained via a web form where it is clearly explained that a user is opting into SMS messages, or by having them send a message to your number. It is highly recommended to use a double opt-in, confirming their consent via SMS and validating their number.You must also log and track consent, and opt-ins and opt-outs. In certain cases carriers may request proof that an individual has opted in including an overview of how your opt-in/ opt-out process works.Failure to ensure opt-in may result in your number or service being blocked or suspended by mobile carriers.
- Opt-Out It is required that you provide a clear way for users to opt out of your SMS messages via text. The CTIA guidelines provide clear keywords that must be honored for opt-out requests including STOP and UNSUBSCRIBE.Business SMS do not automatically manage opt-outs, and you will need to manage and track opt-out requests. Similarly, you will need to manage opt-outs received through other methods, to avoid sending SMS to consumers that have opted out.
- Prohibited campaigns While SMS provides a great way to engage your opted-in customers, there are limitations and restrictions in terms of what types of messages may be sent, and to the content of the messages. The following campaigns are strictly prohibited across all of SMS solutions helped by NEXIVITY:Loan and mortgage advertisementsCredit repair offersDebt relief offersDebt collection attempts
Work from home advertisements
Secret shopper advertisements
Alcohol, tobacco, or firearms advertisements
Pharmaceutical, vitamin, or other drug advertisements
Campaigns that may be similar to the above
Note: some campaigns are designed to engage existing customers (e.g. an update on your loan application), but are often prohibited because they are similar in nature to the types of campaigns listed above. For these types of campaigns, you may be able to receive an exemption by registering for a special TCR campaign.
The following message content is also strictly prohibited and may result in your service being blocked or suspended by the carriers:
Messages that engage in any illegal activity or otherwise violate our terms of service, including the acceptable use policy
Messages that engage in or promote, pornographic or adult entertainment, regardless of legality
Messages that contain text or references to violence, hate speech, or otherwise engaging in threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent behavior
Messages that contain text or otherwise reference substances defined as controlled substances under federal law, regardless of legality, including marijuana (cannabis)
Messages that contain third-party affiliate/lead generation links
Messages that contain obfuscated links for the purpose of misleading the reader, or use links contrary to the expectation of the user based on the message text
Messages that are structured to evade this policy or the policies of carriers (e.g. misspelling, uncommon capitalization, etc.) - Carrier fees and account restrictions
Accounts in violation of carrier rules and regulations may be subject to reduced deliverability of messages, additional campaign registration requirements and fees, suspension of service, or termination of service in addition to fines and other penalties passed through by the carriers.It is your responsibility to be aware of any additional restrictions when sending SMS messages, and to adhere to any and all policies related to the recipient number.
Privacy Policy
Effective Date: November 25 2024
SMS Privacy Policy
- Opt-In and Opt-Out RightsOpt-In Users agree to receive SMS messages from NEXIVITY by initiating contact or subscribing to our text messaging services.
- Opt-Out Users can opt out of receiving SMS messages at any time by texting “STOP” to the number they received the message from. Upon receiving this command, we will immediately cease sending SMS messages to that user.Note: this is not an automated system, a live human will respond to you, response time will vary based on availability
- Help If users need assistance or more information about our text messaging services, they can text “HELP” to the number they received the message from. We will provide instructions or direct them to appropriate support channels.Note: this is not an automated system, a live human will respond to you, response time will vary based on availability
- Privacy and Data Sharing We value the privacy of our users and do not share any content of the SMS messages with other providers. All information communicated via SMS is kept confidential and used solely for the purposes of delivering our services and communications as described in this Privacy Policy.
- Data Retention Policy and Managing Your Information We will retain User Provided data and only information that is required in order for our services to function properly for as long as you use our services and for a reasonable time thereafter. We will retain Automatically Collected information for up to 24 months and thereafter may store it in aggregate. If you’d like us to delete User Provided Data that you have provided, please contact us at support@nexivity.com and we will respond in a reasonable time.
- Children Under the Age of 13 We do not do business or knowingly solicit data from or market to children under the age of 13. If a parent or guardian becomes aware that his or her child has provided us with information without their consent, he or she should contact us at support@nexivity.com. We will delete such information from our files within a reasonable time.
- Security We are concerned about safeguarding the confidentiality of your information. We provide physical, electronic, and procedural safeguards to protect information we process and maintain. For example, we limit access to this information to authorized employees and contractors who need to know that information in order to operate, develop, or improve our services. Please be aware that, although we endeavor to provide reasonable security for information we process and maintain, no security system can prevent all potential security breaches.
- Changes This Privacy Policy may be updated from time to time for any reason. We will notify you of any changes to our Privacy Policy by posting the new Privacy Policy here and informing you via email or text message. You are advised to consult this Privacy Policy regularly for any changes, as continued use is deemed approval of all changes.
- Your Consent By using our services, you are consenting to our processing of your information as set forth in this Privacy Policy now and as amended by us. “Processing” means using cookies on a computer/handheld device or using information in any way, including, but not limited to, collecting, storing, deleting, using, combining, and disclosing information, all of which activities will take place in the United States. If you reside outside the United States, your information will be transferred, processed, and stored there under United States privacy standards.
- Contact Us If you have any questions regarding privacy while using our services or have questions about our practices, please contact us via email at support@nexivity.com.
NEXIVITY General Privacy Policy
Our services are never provided without a signed agreement, if you’re a customer with NEXIVITY you have signed an agreement with our executive team, please refer to your agreement for our privacy policy regarding any of our services that do not include SMS