The terms and conditions on this page apply to both users of 360Converge’s web-based user interface and anyone using an application programming interface (API) in connection with the 360Converge service. Hereinafter, both types of users shall be referred to as “Customer”, and “Parties” shall refer to both Customer and 360Converge.
360Converge provides businesses and organizations with a variety of tools to collect names, phone numbers, email addresses, and other information on an opt-in basis. 360Converge also provides a tool to help you import subscriber data. However, contact information may be imported or otherwise added only if the subscribers gave full consent to receive a specified type of messaging from your organization. Proof of such specific consent may be required at any time by your subscribers, authorities, or 360Converge during a compliance audit or during the contact import process.
In addition, CTIA regulations prohibit certain campaigns such as text-to-win and financial offers by shared short code or transmitting undesirable content such as violence, pornography, alcohol, illegal drugs, and other prohibited content described in this document.
If you are using a shared code, you acknowledge the very real risk that your code may be shut down at any time due to a bad actor on the code or changes to carrier policies. You may be required to migrate to a dedicated number at any time at the sole discretion of 360Converge.
360Converge’s service may NOT be used for sending any unsolicited messages (commonly known as spam) except for specified exemptions governed by the TCPA and FCC rulings. You agree to the privacy and anti-spam policies described in this document and agree to enforce the indicated permission-based 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.
360Converge 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 believed to violate any term in this agreement, applicable law, or industry regulation. Violation of applicable anti-spam regulation may also cause third-party legal action against you.
360Converge also reserves the right to refuse or cancel service if 360Converge believes that your conduct is harmful to the interests of 360Converge or its affiliates, or if payment is past due. 360Converge reserves the sole discretion and right to permanently delete archived data after 30 days of account termination or cancellation.
Governing Laws and Carrier Regulations
Laws and regulations that govern the sending of SMS messages include but are not limited to the following (all linked websites subject to change). Before using 360Converge’s service, you agree to review and abide by all relevant laws and regulations, and to check regularly for any revisions, as they may be amended over time. 360Converge does not make any claims that 360Converge has authority to enforce or amend these laws and regulations. These laws and regulations may also be changed from time to time, and it is the Customer’s sole responsibility to stay informed of any change or revisions.
- CAN-SPAM Act
- CRTC (for sending messages to Canada)
Privacy and Anti-Spam Policies
The following terms and various other sections of this document constitute an introduction to the concept of spam and the general contours of a responsible, permission-based campaign. This general information is not an exhaustive source for applicable laws, guidelines, and compliance responsibilities pertaining to your use of 360Converge’s 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.
What is spam? Spam is any type of unsolicited message. You should not assume that an existing relationship with any 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.
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. All message recipients must also give explicit consent prior to receiving your call or message. The required record of consent differs depending on the nature of your message.
- Solicitation (e.g. promotions, promotional announcements, coupons, and deals):
NOTE: You are required to obtain prior express WRITTEN or ELECTRONIC consent to send solicitation messages via text or voice from each contact regardless of a previous or standing business relationship with the contact. See below for more details.
- Non‑solicitation (e.g. reminders, alerts, and appointments):
NOTE: You are required to obtain prior express consent from each contact before you send messages regardless of a previous or standing business relationship with the contact. Such consent may be written or verbal but must be documented.
- Non‑solicitation (e.g. reminders, alerts, and appointments):
Purchasing a product or service from you, participating in an event, or “liking” or “following” your business on Facebook or Twitter does not constitute consent to receive messages from you, and cannot be a condition for opting in to receive messages from you. In addition, subscribers must specifically opt-in to receive text messages from you. If you require confirmation 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.
What constitutes prior express written consent? The revised TCPA rule defines prior express written consent as a written agreement, signed by the person receiving the call or text, with a “clear and conspicuous disclosure” that specifically authorizes the Sender to send communications using an automated system or artificial pre-recorded voice to the specific telephone number that has consented. Subscriber must not be required to sign the agreement as a condition of purchasing any property, goods or services. As indicated in the ESIGN Act, the required signature may be obtained via email, online form, text message, telephone keypad, or voice recording. For more details on the revised TCPA regulation.
In order to stay compliant with laws and regulations regarding consent and spam, you must agree to the following prior to sending messages:
- You agree that you will not access or otherwise use any third-party list of email addresses or phone numbers or otherwise engage in unsolicited messaging in connection with 360Converge’s service.
- You agree that you will import, add, edit, access and otherwise use in connection with 360Converge’s service only contact information with proof, which you shall retain, of each subscriber’s’ prior express written consent to receive solicitation from you. 360Converge 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 of opt-in method, or to require documentation of you or your organization’s legal identity.
- 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.
- You agree to comply with all local, state, and federal regulations as well as general practices governing your content or promotion type.
- You agree that any data in your database may be altered by 360Converge at the subscriber’s request due to CCPA, GDPR, and other data protection laws.
- 360Converge has a no-tolerance policy toward spam. 360Converge does not assume the duty or obligation to monitor messages. However, 360Converge 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 360Converge’s Website and services.
Required Disclosures for Subscribers
Every outgoing email via the 360Converge service must contain a link that allows the recipient to unsubscribe from your distribution list(s). All voice broadcasts also must include verbal instructions for opting out of your calling list. All text programs must conform to the latest available best-practice guidelines published by the Cellular Telephone Industries Association (CTIA), which you agree to review before using 360Converge’s service.
IMPORTANT for Mobile Keywords, Online Signup Forms, and Other Contact Collection Methods: For mobile keywords, online signup pages, or any other means to collect contact information, you must include the opt-in disclosure shown below (after you have filled in the appropriate fields) in all of your promotional materials: all media, website, printed material, digital and event promotions, broadcasts, and any other material promoting your mobile keyword. The Telephone Consumer Protection Act (TCPA) and Cellular Telephone Industries Association (CTIA) strictly prohibit omission of this disclosure in whole or in part. Failure to include the following terms may result in suspension of your mobile keyword, online signup page, or any other means to collect contact information without warning as well as third-party legal action.
Acceptable Use Policy
360Converge reserves the right to determine any violation of this Acceptable Use Policy at its sole discretion. 360Converge’s 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. If 360Converge determines that you are in violation of 360Converge’s policies, 360Converge reserves the right to suspend your use of the account, subject to 360Converge’s NO REFUND policy. 360Converge also is not responsible for any direct or indirect ramifications that may occur due to a suspension, cancellation, or termination of your account.
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.
- Adversely affecting the availability, reliability, or stability of 360Converge’s services including but not limited to hacking, data breach, or actions that limit 360Converge’s network access
- Any actions, whether knowingly or unknowingly, that adversely affect the availability, reliability, or stability of 360Converge’s services by causing a compliance violation inquiry of any 360Converge code or number
- Launching or facilitating, whether intentionally or unintentionally, a denial-of-service attack on any of 360Converge’s services
- Attempting to bypass, disable, or impair any security measure or otherwise using the services in any manner posing a security or service risk to 360Converge, any 360Converge client, or any of their subscribers
- Testing or reverse-engineering the services in order to evade filtering capabilities or to find limitations or vulnerabilities
- Using the services in any manner that may subject 360Converge or any third party to liability, damages, or danger
- Using the services in any manner that violates any applicable third-party policy or requirement
- Using the services in any manner that violates the Mobile Marketing Association’s guidelines or best practices, carrier guidelines (e.g. CTIA Guidelines), or any other industry standard
- Promoting or engaging in any illegal activity, including but not limited to fraud, in any connection with your account
- 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
- Harvesting or otherwise collecting without consent information including but not limited to email addresses and phone numbers
- 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
- Using the services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone call, text message, email, and voicemail
- Offering any emergency services (“emergency services” meaning any communications connection to emergency personnel or to public-safety answering points such as 911 and E911)
- 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
- Misrepresentation of your identity, business, use case, or message type to 360Converge or the carriers
- Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software
- Interfering with or disrupting any network connected to 360Converge services or violating the regulations, policies, or procedures of any such network
- Using the 360Converge services or any component thereof in a manner not authorized by 360Converge
In addition to and without limitation to terms under the Acceptable Use Policy, 360Converge prohibits any use of the service in connection with any of the following types of content, products, and services.
Where prohibited by applicable law within the jurisdiction in which the Customer uses 360Converge’s services, 360Converge prohibits any use of the service in connection with any of the following types of content, products, and services. This list is not exhaustive, and there may be other use cases that are not permitted by certain legislations and guidelines.
- Pornography, sexual products, otherwise sexually explicit material, and escort services
- Content related to the sale or promoting the use of drugs and contraband determined to be illegal by any state, federal, or local government
- Content related to the sale or promoting the use of Alcoholic beverages or Tobacco products, especially any promotion to persons under 21 years of age
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code
- Instructions or materials for the assembly of bombs or other weapons
- Financial Offers where the organization is not the direct lender
- Affiliate offers wherein personal data is shared with third-party organizations
- Text-to-win campaigns on any shared code
- 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)
- Material that displays any person under 18 years of age in an illicit or otherwise exploitative manner
- 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
- 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), and claims of lost bank accounts or inheritances
- Any libelous, defamatory, scandalous, threatening, or harassing activity
- 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
- 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
- Any product or service that is unlawful where such product or service or promotion thereof is received
- Images of authors, artists, photographers, or others without prior express written consent form the content owner
- Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier
In using this service, you represent and warrant that you have full authority to enter into this agreement and consummate the transactions contemplated, and that this agreement is not in conflict with any other agreement to which Customer is a party or by which it may be bound.
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL DAMAGES ARISING FROM BREACH OF ANY OBLIGATION UNDER THIS AGREEMENT INCLUDING THOSE RELATED TO ANY APPLICABLE LAW, POLICY, REGULATION OR PRIVACY LAW. IN ADDITION, CUSTOMER’S LIABILITY WILL EXTEND TO THOSE IT CONTRACTS WITH AS PART OF THE PROVISION OF CUSTOMER’S SERVICE, INCLUDING BUT NOT LIMITED TO THIRD PARTY AFFILIATES OR ANY ENTITY OR PERSON WHOM CUSTOMER DIRECTS, INSTRUCTS OR MANAGES IN AN EFFORT TO SEND OR RESPOND TO MESSAGES. CUSTOMER AGREES THAT A BREACH OF THIS AGREEMENT BY ANY THIRD PARTY AFFILIATE SHALL CONSTITUTE A BREACH BY CUSTOMER. EXCEPT FOR LIABILITY ARISING OUT OF OR RELATED TO 360CONVERGE’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL OR STATE LAWS, POLICY, OR REGULATION, OR ITS WILLFUL MISCONDUCT OR NEGLIGENCE, CUSTOMER IS SOLELY LIABLE FOR ANY ACTS OR OMISSIONS CAUSING DAMAGE OR INJURY TO 360CONVERGE: (I) RESULTING FROM SENDING OR TRANSMITTING ANY MESSAGES TO A PHONE NUMBER, SOCIAL MEDIA ACCOUNT, OR EMAIL ADDRESS; (II) FOR ALL CUSTOMER CONTENT, CUSTOMER SERVICES OR INSTRUCTIONS SUPPLIED BY OR ON BEHALF OF CUSTOMER THAT ARE FALSE, INCORRECT, INCOMPLETE, ILLEGIBLE, OUT OF SEQUENCE, OR IN THE WRONG FORMAT OR ARISING FROM THEIR LATE ARRIVAL OR NON-ARRIVAL, OR ANY OTHER ACT OR OMISSION OF CUSTOMER OR ANY OF ITS AFFILIATES; AND (III) FOR THE ACTS OF ANY AFFILIATES CONTRACTED OR OTHERWISE RETAINED BY CUSTOMER FOR PURPOSES COVERED BY THIS AGREEMENT.
All disputes, claims, or controversies arising from or relating to this agreement or the relationships which result therefrom shall be resolved by binding arbitration in California in accordance with the Rules of the American Arbitration Association. Any controversy or claim subject to this arbitration provision shall be decided by one arbitrator selected by the parties, and judgment on the award may be entered in any court having jurisdiction thereof. Each party shall bear its costs of arbitration.
No Agreement or Amendment that claims to modify, amend, supplement or waive the terms of this agreement or any of its provisions, including those by custom, usage of trade, or course of dealing, will be binding on the Parties unless made in writing and duly signed by the Parties.
A failure or delay of 360Converge to enforce at any time any of the provisions of this agreement, or to exercise any option provided in this agreement, or to require at any time performance of any of the provisions in this agreement, will not be construed to be a waiver of such provision of this agreement, nor will it excuse the other Party’s performance of such, nor affect any rights at a later time to enforce the provision.
If any provision of this agreement is found invalid, illegal, or unenforceable by a tribunal or court of competent jurisdiction, the remaining provisions of this agreement will remain valid and enforceable according to its terms. The invalid, illegal, or unenforceable provision will be replaced by a mutually acceptable provision which, being valid, legal, and enforceable, comes closest to the intention of the Parties. If any provision of this Agreement is held to be excessively broad as to duration, geographical scope, activity, or subject, it is to be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.
360CONVERGE PROVIDES ITS SERVICE AND ALL RELATED CONTENT ON AN “AS IS” BASIS. 360CONVERGE AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, 360CONVERGE 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, 360CONVERGE DOES NOT WARRANT THAT ITS SERVICES, WEBSITE, TOLL-FREE NUMBERS, SHORT CODES, LONG CODES, EMAILS, VOICE CALLS, OR LINK SHORTENER 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 360CONVERGE SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION, 360CONVERGE WILL ATTEMPT TO REROUTE TRAFFIC THROUGH OTHER MEANS AS APPLICABLE, IF THE PRIMARY SHORT CODE, LONG CODE, OR TOLL-FREE NUMBER IS IMPAIRED.
NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY 360CONVERGE, 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. ANY ADVICE OR CONSULTATION PROVIDED BY 360CONVERGE, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, WEBSITE, OR AGENTS SHOULD NEVER BE INTERPRETED AS LEGAL ADVICE OR AUTHORITATIVE CONSULTATION. FINAL JUDGEMENT SHOULD BE PROVIDED BY YOUR INTERNAL COMPLIANCE OR LEGAL TEAM.
You agree that 360Converge 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 360Converge’s 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 360Converge and its affiliates whether or not 360Converge 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.
Customer may request termination or cancellation of their online access to 360Converge service by submitting a support ticket through 360Converge’s user interface. Service may not be cancelled by any other method such as phone, email, or letter. Customer acknowledges and agrees that all payments made including setup fees, subscription fees, plan fees, service fees, and prepaid text message credits are non-refundable regardless of Customer’s service usage, satisfaction, or account activity. It is the sole responsibility of Customer to utilize the 360Converge software. Customer acknowledges and agrees that any unused text message credits are also non-refundable.
By making a payment, Customer is accepting the 360Converge software as provided at 360Converge.com. All committed fees are to be paid. Customer agrees to pay any outstanding amount for the 360Converge software whether the 360Converge software was previously used, will be used, or was cancelled or terminated. Customer may cancel or terminate online access to 360Converge service at any time, but any commitments under this agreement, including but not limited to paying all fees herein, will remain until all obligations are met with valid payments. Cancellation, suspension, termination, or deletion of the account(s) by Customer or 360Converge may never be construed as a release or acknowledgment of meeting financial obligations under this agreement. This includes all unpaid dues or financial commitments that were agreed upon under this agreement, even if they are for a period after the cancellation or termination date.
Customer acknowledges and agrees that any failure to make payments due under this agreement will result in 360Converge pursuing all legal remedies, including seeking the assistance of the courts and/or a collection agency. Customer agrees to pay any costs associated with 360Converge’s efforts to collect any payments due under this agreement.
Lack of activity alone does not automatically cancel or terminate your account, and Customer remains responsible for all applicable service fees. 360Converge reserves the sole discretion and right to permanently delete archived data after 30 days of account cancellation or termination.
At any time, with or without notice, 360Converge may terminate this agreement or the service or disable your account in whole or in part at 360Converge’s sole discretion. 360Converge shall bear no liability to you or any third party because of any such action.
You hereby acknowledge and agree to the following terms, subject in each case to the terms indicated elsewhere in this agreement.
- You understand and agree that 360Converge will make no refund of any fees regardless of service usage or account activity. It is the sole responsibility of Customer to utilize the service.
- Prices are subject to change at any time due to unforeseen circumstances including but not limited to changes in government taxation, carrier charges, aggregation costs, network charges, and other situations outside of 360Converge’s control. Prices are also subject to change at the time of an account renewal, whether the renewal is automated or requested.
- 30 days after Customer’s account is terminated, all texting numbers and codes associated with Customer’s account will be deactivated.
- The service will be subject to monthly, quarterly, bi-annually, or yearly software license fees.
- In cases where sales tax law in your state impacts SaaS services, 360Converge reserves the right to add additional charges to your account to reflect those taxes including past unpaid taxes.
- 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.
- If your primary code (short code or toll-free) is not provisioned for MMS, all MMS messages may be sent from a different code. You bear the responsibility to test availability of and request for MMS provisioning. Certain wireless carriers may not offer MMS capabilities.
- SMS message delivery to Canada is supported through Toll-Free Numbers or Dedicated Short Codes. Message throughput, MMS support, carrier surcharge and carrier support for message delivery to Canada will differ from message delivery to the U.S.
- In the case of account termination, Customer understands that 360Converge keeps control of any codes or numbers that 360Converge provisioned for Customer to use. These codes cannot be transferred out to be used with another service provider. All code setup fees shall be collected upfront, and annual code and hosting fees will be collected within 60 days of setup. 360Converge will refund code and hosting fees only if provisioning is declined and after payment for all out-of-pocket quarterly code expenses by 360Converge have been collected.
- Customer grants 360Converge a nonexclusive, perpetual right to use or copy any content or campaigns created or input by Customer into the 360Converge Software (“Customer Content”). Notwithstanding the foregoing, nothing in this agreement will confer in 360Converge any right of ownership in Customer Content.
- 360Converge is not required to provide data outside of what is available through the UI, including but not limited to exported files containing specific messages, subscriber phone numbers, and opt-out lists.
- You are not allowed to import or incorporate (into any contact list, message, social campaign) or upload (to 360Converge 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.
- You and 360Converge agree that this agreement is a factual and material 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 360Converge representative will be honored unless in writing and signed by both parties.
- 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 360Converge in any respect whatsoever.
- 360Converge 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. 360Converge 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, long codes, toll-free numbers, mobile keywords, online signup pages, API keys, login access, the control panel, and DSP email servers.