VQ.Axper.com Terms of Service

VQ.Axper.com  is occupancy management, virtual queuing, software as a service solution designed to automate social distancing at scale, optimizing customer throughput and delivering an exceptional customer experience.  

VQ. Axper.com use Transactional SMS messaging to send alerts and notifications to customer who joined the virtual waiting line. Customers can reply L to leave the line or STOP to opt out of the service.

VQ.Axper.com is managed and supported by Axper, Inc. and powered by Fulcrum Design, LLC.( "we", "our", or "us").In this Agreement, refers to Axper, Inc and Fulcrum Design LLC, And, the terms  “you,” “your”, and “Customer” will refer to you.

If you are are a new client Account User using VQ. Axper.com on behalf of an organization, you are agreeing to these terms for that organization and representing to Axper that you have the authority to bind that organization to these Terms (and, in which case, the terms “Account User” and “User” or “client” will refer to that organization).


1. Your Relationship With Axper

By using VQ. Axper.com Software as a Service (our "SaaS") and all related software features including but not limited too, web widgets, kiosks, mobile web, user interface, digital display and text messaging,and other services provided by VQ. Axper.com  (the "Services"), you are agreeing to be bound by the following terms and conditions ("Terms of Service").

These Terms of Service, together with our Privacy Policy and Acceptable Use Policy, and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the "Agreement") between you and Axper, Inc in relation to your use of the software as a service, (together, the "SaaS").

2. Accepting the Agreement

IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES, AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS "YOU" OR "YOUR" SHALL REFER TO SUCH ENTITY, ITS AFFILIATES, AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.

If Axper makes material changes to the Agreement, we may or may not notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current SaaS, including the release of new tools or resources, shall be subject to the Agreement. Continued use of the SaaS after any such changes shall constitute your consent to such changes.

VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT.

1. You may not use the SaaS and may not accept the Agreement if you are not of legal age to form a contract with Axper, or you are a person or entity barred from receiving Services under the laws of the United States or other countries including the country in which you or from which you use the Services.

2. You must be a human. Accounts registered by "bots" or other automated methods are not permitted.

3. You may not use the Service for any illegal or unauthorized purpose.Your access to and use of the Services must be in strict compliance with Applicable Law.  “Applicable Law” includes all applicable laws, rules and regulations applicable to you, your business or the subject matter of this Agreement including without limitation, laws governing the use of individual information, deceptive and misleading advertising, electronic commercial communications, telemarketing and other similar laws, which include without limitation the U.S. Telephone Consumer Protection Act of 1991, U.S. Controlling the Assault of Non-Solicited Pornography and Marketing Act of 2003 and the Canada Anti-SPAM Legislation, if applicable, and each as amended.


3. Description of the SaaS

The SaaS suites are interactive queue management systems using SMS text messaging and digital display directories. Registered users of the SaaS can enter customer contact into system, to send, receive, text messages as a function of the queuing system.  Contacts ("Content"), which will be stored by Axper. Content created or uploaded to Axper will be made available on end clients or Services associated with the SaaS. Content available on Axper can be shared with other registered users or non-registered users at user (account holder’s) discretion.

4. Cancellation and Termination

1. You are solely responsible for properly canceling your Account. An email to XXXXX@Axper.com, with “Cancel” in subject line or phone request is required to cancel your account. Your account is officially cancelled upon receiving a confirmation number.

2. All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be restored in the future if you choose to register for the Service in the future.

3. If you cancel the Service before the end of your current paid up period, your cancellation will take effect immediately and will not be charged again.

4. Axper, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other Axper service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Axper reserves the right to refuse service to anyone for any reason at any time.

5. Axper shall not be liable to you or to any third party due to your Account being cancelled or terminated, including Accounts terminated by Axper due to violation of the Agreement.

6. Modifications to the Service and Prices

1. Axper reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.

2. Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 day notice. Such notice may be provided at any time through email.

3. Axper shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

7.  Intellectual Property and Content Ownership

1. VQ. Axper.com is the intellectual property of Axper, Inc. and Fulcrum Design, LLC.

2. Unless you have agreed otherwise in writing with Axper, you may not use any of Axper's trade names, trademarks, service marks, logos, icons, images, domain names, and other distinctive brand features.

3. The look and feel of the Service and the products that considered within the Axper SaaS the intellectual property of Axper, Inc. and Fulrum Designm LLC.  All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, JavaScript, or visual design elements or concepts without express written permission by Axper, Inc.

4. We claim no copyright or intellectual property rights over the Content uploaded or created by you within the Service.

8. Account Level Security

1. You are responsible for maintaining the security of your account and password. Axper cannot and will not be liable for any loss or damage from your failure to comply with security obligation.

2. You agree and understand that you are responsible for maintaining the confidentiality of your VQ. Axper.com passwords.

3. You agree that you will be solely responsible to Axper for all activities that occur under your account.

4. If you become aware of any unauthorized use of your password or of your account, you agree to notify Axper immediately at XXXX@Axper.com .

9. Privacy Policy and Your Personal Information

Axper greatly respects your desire for privacy. Our Privacy Policy is written with your interests in mind. For more information on how we handle and protect your data please read a copy of the policy. By using Axper services you are consenting to the terms of our Privacy Policy.

10. Exclusion of Warranties

1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." WITHOUT WARRANTY OF ANY KIND AND Axper HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED

2. Axper DOESN'T REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

11. Limitation of Liability

1. Axper MAY TERMINATE OR MAKE CHANGES TO ALL OR ANY PORTION OF THE SERVICIES AT ANY TIME AND WITHOUT NOTICE OR LIABILITY.

2. Axper SHALL NOT BE LIABLE TO YOU FOR:

A. ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;

B. THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;

C. YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;

12. General Conditions

Axper continuously makes changes to the SaaS in order to provide the best possible experience for its users. You accept and agree that the form and nature of the Services which Axper provides may change without prior notice. Continued use of the SaaS after any such changes shall constitute your consent to such changes.

1. As part of this constant innovation Axper may stop providing the Services (or any features within the Services) to you or to users at Axper's sole discretion, without prior notice to you. You may stop using the Services at any time.

2. In order to access certain Services or use them on an ongoing basis, you may be required to provide information about yourself (such as mobile number or contact details) as part of the registration process for the Service, or as part of your continued use of the SaaS. You agree that any registration information you give to Axper will always be accurate, correct and up to date. Failure to provide the correct information shall result in account deactivation.

3. You accept and agree that for any reason Axper may disable your account and prevent you from accessing the SaaS, your account details or any data (i.e., messages, etc.) contained or associated with your account.

4. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by Axper, unless you have been specifically allowed to do so in a separate agreement with Axper. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of any scripts, web crawlers, spiders, robots, site/search retrieval application) especially for the creation of user accounts.

5. Messaging is not limited for inbound and outbound messages. Message flow, inbound and outbound, are throttled as defined by the package purchased. In addition, message ratio must be no more than three outbound messages to one inbound message. You accept and agree that limits may be set at any time, at Axper's discretion. There is an enforced Acceptable Use Policy you must adhere to and accept by agreeing to the Terms of Service. There are rules FCC, MMA, and CTIA policy and laws around text messaging spam that will be strictly enforced.

6. Messages shall be deemed to have been delivered when Axper delivers the messages to the immediate destination, including mobile telephone networks, or any other intermediary server/API that is designated as the point of delivery for the message. Axper does not guarantee delivery on behalf of mobile carriers.

7. Although Axper provides extensive text messaging coverage including all major U.S. mobile carriers, Axper makes no guarantees to its network coverage.

8. Your use of the Service is at your sole risk. The Service is provided on an "as is" and "as available" basis.

9. Support for Axper services is available in French and English.

10. You agree that you will not engage in any activity that interferes with, disrupts, damages, impairs, or disables the Services (or the servers and networks which are connected to the Services).

11. You understand that Axper uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.

12. You agree not to harass or advocate harassment of another person or entity. You agree to never impersonate any person or entity or misrepresent in any way your affiliation with a person or entity. You agree to never send text messages to unknown mobile numbers or to mass text unsolicited persons.

13. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Axper customer, employee, or member will result in immediate account termination.

14. You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

15. You understand that Axper messaging Services act only as a service for users to send text messages to a contact(s) mobile phone and that Axper does not itself verify the content of messages sent by users or messages received by users. Axper cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of any text message sent to a mobile number or received by any user. Text message at your own risk.

16. Unless you have been specifically permitted to do so in a separate agreement with Axper, you agree that you will not modify, adapt, reverse engineer, reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.

17. You expressly understand and agree that Axper shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Axper has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.

18. You agree that you are solely responsible for (and that Axper has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which Axper may suffer) of any such breach. 19. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.

20. The failure of Axper to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Agreement constitutes the entire agreement between you and Axper and governs your use of the Service, superseding any prior agreements between you and Axper (including, but not limited to, any prior versions of the Terms of Service, Privacy Policy, or Acceptable Use Policy ). You agree that these Terms of Service and Your use of the Service are governed under Connecticut law.

21. Your relationship with Axper under the Terms, shall be governed by the laws of the State of Connecticut. You and Axper agree to submit to the exclusive jurisdiction of the courts located within the county of Hartford, Connecticut to resolve any legal matter arising from the Terms. You agree that Axper shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.

13. Indemnification

1.. Axper shall indemnify and hold harmless Client from and against any and all claims and suits, (including reasonable attorney’s fees and costs) brought against Client alleging that a Service infringes or misappropriates any intellectual property rights in a country in which such Service is provided by the Axper to Client.

2. You shall defend Axper against any claim, demand, suit or proceedings made or brought on against Axper by a third partying alleging that Your Content or Your use of the Service in violation of this Agreement, infringes or violates applicable law, and shall indemnify Axper of any damages finally awarded against and for the reasonable attorney's fees incurred by, Axper in connection with any such claim, demand, suit or proceeding; provided, that Axper (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Axper of all liability); and (c) provide to You all reasonable assistance, at Your expense.

14. Questions

Questions about the Agreement should be sent to XXX@axper.com

 

Draft Nov 15, 2020


































Axper Acceptable Use Policy

This document is an extension of Axper's Terms of Service and is a part of Axper's overall Agreement.

Axper provides queue management services using digital display directories and SMS text messaging service for clients to extend text messaging beyond the mobile phone. Users of any Axper suite of Software as a Service can send texts from the cloud application via our Web, Desktop, and Tablet apps. Advanced users can use the Axper API with their Axper Account. With great power comes great responsibility. By signing up for Axper you agree to adhere to Axper's Terms of Service and Acceptable Use Policy.

 

Spam

Using any one of Axper SaaS for spam will result in your account being deactivated immediately. We take spam and unsolicited messaging very seriously. Text messaging (SMS and MMS) is a regulated medium. There are a number of governing bodies that help to protect the consumer from spam. Axper builds safeguards into our Service to protect consumers. As a User of the SaaS You are also responsible for respecting the governing laws. As a user of Axper, You are agreeing to be a good citizen of the SaaS.

Best Practices

Below are a number of groups, agencies, and nonprofit organizations that help to protect consumers from spam. They also provide general guidelines for using text messaging for anything beyond just a conversation between friends.

 

Application to peer Messaging guidelines and best practices that resonate between all of them.

  1. Content must be age appropriate for all audiences.
  2. Customers should opt-in to receive messages from you.
  3. Customers should be able to opt-out of your service or promotional material. That is until the user opts back into the service.
  4. On the initial message to the customer, it is best to provide information on how they can opt out of the service.

 

In an effort to protect all users, Axper looks for keywords that denote a user's intention to opt-out of receiving text messages. Those keywords include, but are not limited to: L to leave line, C to cancel appointment, stopall, block, end, unsubscribe, and quit. Understand that if a message is received from the customer by Axper and their response contains one of these values, you will not see the customer's response. The customer will receive an informational text message from Axper, letting them know that your number has been blocked from texting. It will also give them away to undo their action if it was unintentional.

Mobile Advertising Association, MMA

The MMA is focused on the rules and guidelines specific to advertising and marketing over text messages. So if you are a planning a promotional or advertising campaign and leveraging Axper to pull it off, we suggest that you adhere to the guidelines outlined by the MMA.

Here are a few files most relevant to protecting consumers:

1. http://www.mmaglobal.com/files/mobileadvertising.pdf

2. http://www.mmaglobal.com/bestpractices.pdf

3. http://www.mmaglobal.com/uploads/Consumer-Best-Practices.pdf

 

Cellular Telecommunications Industry Association, CTIA

CTIA is a group of U.S. wireless operators and 3rd party service providers that power the text messaging infrastructure. This group also concerns itself with policies to protect the text messaging medium. Text messaging is a medium that spans a large number of service providers. CTIA has worked with the industry leaders to come up with a set of guidelines that help to protect message recipients and text messaging as a communication medium.

Here are a few links with the most relevant information:

1. http://www.ctia.org/business_resources/wic/index.cfm/AID/12056

2. http://files.ctia.org/pdf/SMS_Interoperability_Guidelines_V3-2-AsAdopted.pdf

 

Common Short Code Administration, CSCA

The CSCA is an organization that helps businesses fulfill their texting needs and with the help of CTIA has come up a rule set that addresses concerns of programs texting wireless customers. Similar to CTIA, the CSCA expands the best practices of the industry and helps to apply it to text messages generated programmatically rather than peer-to-peer, like when a mobile phone user texts another mobile phone user.

Here is a link to the CSCA's best practices:

1. http://www.usshortcodes.com/csc_best_practices.html F ederal Communications Commission, FCC

Federal Regulations include FCC Requirements

Text messages sent to consumers, especially those programmatically sent; have to adhere to guidelines established in the Telephone Consumer Protection Act and the Controlling the Assault of Non-Solicited Pornography and Marketing Act.

Below are some links to an overview of the laws and then the specific laws themselves

1. http://www.fcc.gov/guides/spam-unwanted-text-messages-and-email

2. http://transition.fcc.gov/cgb/policy/TCPA-Rules.pdf

3.http://www.gpo.gov/fdsys/pkg/USCODE-2011-title15/html/USCODE-2011-title15-chap103.htm

 

Volume of Messages

As a user of Axper you can easily reach a large quantity of customers very quickly. Similar to the spam policies in place, Axper will throttle message volume on accounts deemed to be sending spam messages.

 

Questions or Support

We understand that there are quite a few rules to read and absorb. If you have any questions, please feel free to reach out to us at support@Axperdesignllc.com

 

 

August 2019