I agree that I have read the following terms and conditions that govern the website for White Wings Technologies Reading this message constitutes an agreement to comply with said terms and conditions. White Wings Technologies is the property of White Wings Technologies, and the use of its services is available to anyone in the United States or Canada or abroad on the stipulation that they abide by the Terms and Conditions governing this Service .
1. This is an agreement relating to your use of the White Wings Technologies's website (White Wings Technologies) between you and White Wings Technologies and/or its technology partners. The agreement consists of the White Wings Technologies Privacy Policy and the following terms and conditions. Use of the White Wings Technologies's website (White Wings Technologies) message delivery system constitutes consent to all terms and conditions as outlined below.
White Wings Technologies is a reseller partner with CDYNE a text message marketing product based on core technology, which is a unified mobile messaging platform that enables clients of White Wings Technologies to send and receive communications with their customers via SMS and Email. By using White Wings Technologies's products and services, you and White Wings Technologies and its partners have agreed to the following stipulations
Mobile Terms of Service
Shortcode: Your mobile messaging program will make use of a White Wings Technologies-provisioned short code to send payment notifications, account notifications, and transaction statuses, unless otherwise stipulated in writing. For all questions about the services provided by this short code, you can send an email to info@wwcny.com
Charges: Standard message and data rates may apply any user sending or receiving SMS messages. Message frequency may vary.
Call to Action: At the time customer (end-user) performs a free signup / free demo, the customer (end-user) will receive an SMS with activation code along with another separate activation code through e-mail. Customer (end-user) will submit.
Opt-in MT: Hi, here is your activation code (OTP) for the MTS Suite Subscription: 61087 to activate your account. Reply HELP for help, STOP to cancel.
Confirmation MT: White Wings Technologies: Thanks for joining! Reply HELP for help, STOP to cancel. Msg&Data rates may apply. Msg freq varies. mtssupport@wwcny.com
Additional Message Flow / Example Alerts:
Hi, a transaction of XX.XX USD with Reference No:XXXXXXXXXXXXX is initiated successfully. MTS Suite. Reply HELP for help, STOP to cancel
Hi, a transaction of XX.XX USD with Reference No:XXXXXXXXXXXXX is under review. MTS Suite. Reply HELP for help, STOP to cancel.
Hi, a transaction of XX.XX USD with Reference No:XXXXXXXXXXXXX is completed. MTS Suite. Reply HELP for help, STOP to cancel.
Help MT: White Wings Technologies: Please email mtssupport@wwcny.com. Reply STOP to cancel. Msg&Data rates may apply. Msg freq varies.
STOP: You can cancel the SMS service at any time. Just type "STOP" to 61087. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. We will send you an SMS message to confirm that you have been unsubscribed from that list. Type "STOP ALL" to remove your number from any and all text messages coming from 61087. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
SMS Coverage: SMS coverage for White Wings Technologies’s provider is supplied by a constantly growing number of wireless carrier networks. Contact White Wings Technologies's to receive updated information regarding carriers that currently support SMS through White Wings Technologies White Wings Technologies currently supports coverage in the United States and Canada and in other countries.
Major American Carriers: AT&T, Verizon Wireless, Sprint, and T-Mobile, Alltel, Boost Mobile, and Virgin Mobile.
Minor American Carriers: Advantage Cellular (DTC Wireless), Aio Wireless, Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Carolina West Wireless, CellCom, Cellular One of East Central IL (ECIT), Cellular One of Northeast Arizona, Cellular One of Northeast Pennsylvania, Chariton Valley Cellular, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), Cross, C-Spire (CellSouth), Duet IP (Maximum Communications New Core Wireless), Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), MetroPCS, Mosaic (Consolidated or CTC Telecom), MTA Communications , MTPCS (Cellular One Nation), Nex-Tech Wireless, NTelos, Panhandle Communications, Peoples Wireless, Pine Cellular, Pioneer, Plateau (Texas RSA 3 Ltd), RINA, Sagebrush Cellular (Nemont), SI Wireless/Mobile Nation, Simmetry (TMP Corporation), SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United Wireless, U.S. Cellular, Viaero Wireless, and West Central (WCC or 5 Star Wireless).
Canadian Carriers: Bell (including NorthernTel, Solo Mobile, and Telebec), Fido, MTS, Rogers, SaskTel, Telus (including Koodo Mobile and Public Mobile), Videotron, Virgin Mobile, and Wind.
Customer & Technical Support: Customer and Technical Support for White Wings Technologies may be contacted during normal business hours. Normal business hours are defined as 9am to 5pm Eastern Standard Time, Monday through Friday. White Wings Technologies's support staff will handle any calls made on holidays or outside normal business hours on the following day.
Incorporation of MMA Guidelines: All parties agree to adhere to current Association's "U.S. Consumer Best Practices Guidelines" ("MMA Guidelines"). These guidelines can be found at http://mmaglobal.com/policies/consumer-best-practices. The terms of this document shall prevail in the event of a conflict between the MMA Guidelines and the terms of this document.
In the event of a conflict between terms in this document and the MMA Guidelines, this document shall prevail.
Content: The term "Content" refers to the data you are asking White Wings Technologies to store, process, or transmit to end users. You represent the following:
1) You own and/or have licensed the rights and necessary clearances to distribute the content to mobile devices (and, optionally, any other means of viewing content that has been mutually agreed on). The Content does not violate the rights of any entity protected by intellectual property legislation or similar laws or regulations.
2) All Content is consistent with standards imposed by mobile carriers and aggregators; specifically, the Content is not libelous, defamatory, inaccurate, sexually explicit, unlawful, obscene, false, misleading, racially or ethnically offensive, or objectionable.
3) The Content adheres to the current Association "U.S. Consumer Best Practices Guidelines". Said guidelines can be viewed athttp://mmaglobal.com/policies/consumer-best-practices.
4) The Content (including storage, delivery, and transmission) does not violate any laws or regulations in the United States, Canada, your home jurisdiction(s), or any other jurisdiction where the Content is stored, delivered, or transmitted.
5) White Wings Technologies prohibits the use of their platform and services for certain types of text programs and content either stored or transmitted. These programs and content include but are not limited to the following: sex, hate, alcohol, firearms, tobacco, drugs, loans, payday loans, short-term loans, mortgage loans, student loans, debt, debt relief, debt consolidation, debt reduction, credit, credit repair, tax, tax relief, work from home, medication. White Wings Technologies reserves the right to refuse, suspend, terminate any campaign, text program or account at any time and without warning that, in its opinion, is related to any type of said content or other content deemed unacceptable by White Wings Technologies.
White Wings Technologies reserves the right to delete or refuse to transmit any Content that, in its opinion, violates any of the above stipulations. In the event that White Wings Technologies deletes or refuses to transmit Content, the company will contact you to inform you of the problem. White Wings Technologies will work with you to complete the campaign.
You permit White Wings Technologies's website (White Wings Technologies) to alter and encode the Content into other formats, store it, and transmit it via third parties to mobile devices (and, optionally, any other means of viewing the content that is mutually agreed on)..
Campaigns: White Wings Technologies may refuse, suspend, terminate any campaign, text program or account that, in its opinion, is not in compliance with the then-current MMA guidelines, TCPA guidelines, CTIA guidelines, Canada Wireless Telecommunications Association Guidelinesf99, Cellular Carrier guidelines or that violates any applicable law or regulation.
Mobile Phone Numbers Provided To Us:
By providing mobile phone numbers for use on the White Wings Technologies platform, you represent that:
1) You are in compliance with MMA and TCPA Guidelines.
2) White Wings Technologies's website (White Wings Technologies)'s delivery of messages to the numbers provided will not violate MMA or TCPA Guidelines.
3) Transmission of messages to those phone numbers does not violate any applicable laws or regulations.
Reporting: Receiving access to White Wings Technologies's messaging platform will confirm the start of the campaign and provide proof of performance.
Service Level and Third Party Reliance: Uptime for White Wings Technologies's messaging platform is 99.99%. White Wings Technologies, however, relies on many external suppliers in order to transmit messages to and from mobile devices. These suppliers include, but are not limited to, intermediary aggregators between White Wings Technologies and mobile carriers, mobile carriers themselves, server hosting companies, Internet service providers, and others. Any failure on the part of any outside parties that results in message delay or failure falls under the definition of "Force Majeure" as described below.
Force majeure
General. Excluding payment obligations, neither party will liable for default or delay of obligations under the terms outlined in this document if any such default or delay results from conditions beyond the reasonable control of either party. Such conditions include, but are not limited to, earthquakes, flood, fire, accident, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes ("Force Majeure event"). If White Wings Technologies suffers such default or delay, it will make reasonable efforts within five (5) business days to recommend a substitute transmission for the time period of the original transmission. If the Client is not reasonably satisfied with such substitute transmission, White Wings Technologies will allow Client a pro rated reduction in services in the amount of money allotted to time, space, and/or program charges at the time of purchase. In addition, all parties will retain the benefit of the same discounts that would have been earned had there been no delay or default.
Payment: If Client's ability to transfer funds to third parties has been negatively impacted by an event outside the reasonable control of Client, Client will make all reasonable efforts to make payments in a timely manner to White Wings Technologies. Events outside the control of Client include, but are not limited to, failure of banking clearing systems or a state of emergency. Delays caused by aforementioned conditions will be excused for the duration of such condition. Excuse for delays caused by events beyond reasonable control of Client will not relieve any financial obligations of Client that would have been due and paid without such conditions.
Service may be suspended, cancelled or terminated by White Wings Technologies if the Client's payment for service fails. If this occurs, a series of "Payment Failure" notices will be sent and service will be cancelled or terminated if payment is not received within 14 days.
Cancellation: Either party may cancel the remainder of service without penalty in the event that Force Majeure continues for five (5) consecutive business days.
Additional Indemnification: You agree that White Wings Technologies and its affiliates and subsidiaries will be indemnified harmless against any losses, damages, or expenses (including reasonable legal fees and disbursements) arising from or relating to any claims, actions, or other proceedings brought on by or on behalf of any third party if said claims result from your acts or omissions in connection with any service offered by White Wings Technologies
2. Use of White Wings Technologies's website (White Wings Technologies). The Messaging Center is not to be used for any abusive and/or unlawful purposes. Such purposes include, but are not limited to, any use that may cause disruption of services provided by White Wings Technologies or its customers, or damage to White Wings Technologies property. You agree that all usage of the White Wings Technologies's website (White Wings Technologies), including transmitted communications, will be in compliance with all laws and regulations. You are responsible for all content transmitted through the Messaging Center. White Wings Technologies only provides you with service of sending messages to mobile phones. White Wings Technologies's website (White Wings Technologies) is not liable for any consequences brought on by or relating to any messages sent by any person that uses aforementioned service.
3. Privacy. Your private information will only be collected, stored, processed, transmitted, or otherwise handled by White Wings Technologies with your knowledge and consent. This is primarily done by completing an online form. Your personally identifiable information will not be sold or rented to anyone by White Wings Technologies. Any lack of privacy that you may experience while using the Messaging Center is not the fault of White Wings Technologies, and White Wings Technologies will not be held liable. White Wings Technologies reserves the right to disclose, intercept, or delete any messages sent through the Messaging Center in order to protect its rights.
4. Limitation of Liability. White Wings Technologies will not be held liable, under any circumstances, to you or any other person for any direct, indirect, punitive, incidental, consequential, or special damages of any form that are brought on by or are related to use of the Messaging Center at White Wings Technologies White Wings Technologies will not be held liable for any act associated with the proper exercise of its rights under 2 and 3 of this agreement between White Wings Technologies, and you.
5. No Warranties. White Wings Technologies offers no express warranty with regards to its services or the Messaging Center. White Wings Technologies disclaims any implied warranty, including specifically any warranties of merchantability or fitness for a particular purpose. White Wings Technologies does not authorize anyone to make any kind of warranty on its behalf.
6. DISCLAIMER White Wings Technologies (the Site) and its contents are provided on an "as is" and "as available" basis. To the fullest extent permitted by law, White Wings Technologies offers no warranties (implied or expressed) or representations of any kind (and they are expressly disclaimed) with respect to the Site, services, or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, White Wings Technologies does not represent or warrant that:
(i) The Services will meet your requirements; its services will meet your requirements;
(ii) The services will be uninterrupted, timely, or 100% error-free;
You acknowledge that it is not within the control of White Wings Technologies how or for what purposes its services are used and the allocation of risk in these terms is a reflection of the price paid for its services. If any exclusion in this service is determined to be invalid and White Wings Technologies becomes liable for damages or loss that may be lawfully limited then that liability will be limited to the amount paid by you for the services provided by White Wings Technologies for one month only. White Wings Technologies shall not be liable to the Client for any loss arising from any data, instructions, or material supplied, digitally or otherwise, by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or arising from late arrival or non-arrival or in the wrong form or any other fault by the client or on its behalf. White Wings Technologies is not responsible for any malfunction, delay, nonperformance and/or other degradation of performance of any of its services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by the Client whether or not beyond the services already supplied. Any work so arising may result in additional charges. White Wings Technologies will make reasonable efforts to repair and reinstate service in the event of a failure, depending on the severity of said failure. If said failure is the result of an action performed by the Client or an agent of the Client to whom access to the servers was given then the Client shall be responsible for paying all costs associated with reinstating and/or repairing the server. Unavailability resulting from negligent failure of White Wings Technologies to deal with circumstances within its control and lasting for a total of 48 hours in any 30 day period will require White Wings Technologies (at its discretion) to either pay to you compensation limited to a credit for the amount paid by you for the unavailable service or a refund in that amount. White Wings Technologies or anyone else involved with the creation, production, or supply of its services will not be held liable to the Client or any other entity for any loss under Terms, tort (including breach of statutory duty or negligence) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Terms or the Services for any: (i) economic loss of any kind, or (ii) loss of contracts, profit, revenues, or anticipated savings, or (iii) damage to the reputation or goodwill of the Client, or (iv) loss resulting from any claim made by any third party, or (v) direct, indirect, special, or consequential damage or loss of any nature whatsoever, and White Wings Technologies shall be indemnified by the Client from and against any claim which may be made against White Wings Technologies in respect thereof. Limitation or Exclusion of implied warranties or of liabilities for incidental or consequential damages will not apply in jurisdictions that do not allow for such limitations or exclusions. White Wings Technologies shall not be liable for obligations that were prevented or delayed in or from performing under conditions due to circumstances beyond its control such as, but not limited to, riots, war, governmental acts, strikes, trade disputes (including with and by our own employees), technical failure, general availability of the internet, power failure, communications failure, weather, fire, flood, explosion, or natural or local emergency.
7. Opt in Guarantee by Client. Clients of White Wings Technologies guarantee that all mobile numbers in their accounts are 100% opt-in, and recipients of text messages recognize the sender and expect to receive said messages from him or her. White Wings Technologies reserves the right to request that the client submit written explanation of the method of collecting phone numbers and a guarantee signed by the client that all mobile numbers on his or her list have agreed to receive text messages from the client if it suspects that the list of numbers may not be 100% opt-in. In cases where White Wings Technologies suspects that a list is not 100% opt-in it reserves the right to take any action it thinks is appropriate, including but not limited to cancellation of the account.
8. Pricing. White Wings Technologies reserves the right to make adjustments to the pricing of its product/service offering. White Wings Technologies may raise or lower its prices at anytime. In the event that White Wings Technologies makes significant alterations to its pricing, Clients will be notified at least 30 days in advance. Subscriptions to services are subject to acceptance by White Wings Technologies White Wings Technologies will deem Clients subscriptions to services acceptable when White Wings Technologies delivers a confirmation of the subscription to the Client. White Wings Technologies reserves the right to refuse to provide any service to anyone for any reason. Payment will be made to company through check, ACH, online credit card, or any other method set forth by White Wings Technologies The Client acknowledges and agrees that in the event of a charge back by a credit card company (or similar action by another payment provider) or other nonpayment by client in connection with payment for White Wings Technologies services or subscription fee may result in suspension, cancellation, or termination of said services or subscription, in sole discretion of the company. If the Client's service is suspended, cancelled, or transferred prior to the end of the then-current service term, all fees paid are non-refundable in whole or in part. The Client acknowledges that White Wings Technologies is not obligated to make any refunds under any circumstances. However, if the Client wishes to cancel their account, they will not be automatically billed from then on unless they re-instate the account. Should the Client cancel their account, the said account will be immediately terminated. Thereafter they will no longer have access to their account, and they will lose any text words (Keywords), subscribers and other data they originally had. To cancel an account, a White Wings Technologies user must email info@wwcny.com to make the cancellation request and include the following in the subject line: "Please Cancel Notification Services". Please allow 48 hours to process the cancelation.
9. Unpaid products. White Wings Technologies reserves the right to cancel, suspend, terminate and / or end service for any and all unpaid products or services that are deemed inactive or no longer in use.
10. Intellectual Property. You acknowledge and agree that all content and materials available on this site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by White Wings Technologies, you agree not to sell license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content.
As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or designed elements on this site is strictly prohibited without the express written permission of White Wings Technologies For information on requesting such permission, please contact us at info@wwcny.com
11. Content Submitted To Traffic White Wings Technologies You grant to White Wings Technologies a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any comments and other information (including, without limitation, ideas contained therein for new or improved products and services) you submitted to any public areas of the White Wings Technologies Site(s) (such as bulletin boards, forums and newsgroups) or by email to White Wings Technologies by all means and, in any media, now known or hereafter developed. You also grant to White Wings Technologies the right to use your name in connection with the submitted comments and other information as well as in connection with all advertising, marketing, and promotional material related thereto. You agree that you shall have no legal recourse against White Wings Technologies for any alleged or actual infringement or misappropriation of any property right in your communications to White Wings Technologies
12. Jurisdiction. These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. You hereby consent to jurisdiction of the courts in the State of New York to resolve any disputes arising under this Terms of Use.
Agreement. You acknowledge that White Wings Technologies's decision to provide Messaging Center service to you is contingent on your compliance with these terms and conditions, and that these terms and conditions, unless otherwise specified herein, constitutes the entire agreement between you and White Wings Technologies and supersedes all prior or contemporaneous communication between you and White Wings Technologies If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
This policy may be amended at any time, at the discretion of White Wings Technologies You will be notified of any substantial changes via this Terms of Use page. If you have any questions, comments, clarifications, or ambiguities, or would like to report any violations the White Wings Technologies's website (White Wings Technologies) please send us your feedback.