Marketing Communications & SMS Terms

1. Consent to Receive Marketing Communications

When you voluntarily provide your contact information and affirmatively opt in to marketing communications, you authorize Calltivate to communicate with you according to the consent you provided.

Consent to receive marketing communications is voluntary.

Consent to receive marketing text messages is not a condition of purchasing any property, goods, or services from Calltivate.

We will not use a change to these Messaging Terms by itself to materially expand the scope of marketing communications you previously authorized when applicable law requires additional or new consent.

2. Email Communications

If you opt in to marketing emails from Calltivate, we may send you emails concerning Calltivate services, products, opportunities, promotions, company updates, educational information, account-related opportunities, and other information within the scope of your consent.

Our commercial email practices are intended to comply with applicable law, including the CAN-SPAM Act.

• Marketing emails will provide a clear method for unsubscribing from future marketing emails.
• We will process valid marketing-email opt-out requests as soon as reasonably practicable and within the period required by applicable law.
• Marketing emails will use accurate sender and routing information and will not intentionally use materially false or misleading subject lines.
• Commercial emails will include a valid physical postal address where required by law.

Opting out of marketing emails does not necessarily prevent us from sending transactional, administrative, security, legal, billing, account-related, or service-related communications that are not marketing communications and that we are otherwise legally permitted or required to send.

3. SMS and Text Messaging Program

When you affirmatively opt in to receive text messages from Calltivate, you authorize Calltivate to send recurring SMS, MMS, or other text messages to the mobile telephone number you provide.

Depending upon the consent you provide, messages may concern Calltivate services, inquiries, account activity, requested information, follow-ups, promotions, opportunities, offers, reminders, or other communications described when you enroll.

Where applicable, messages may be sent using an automatic telephone dialing system, automated technology, or other messaging technology.

• Message frequency varies.
• Message and data rates may apply.
• Consent to receive marketing text messages is not required as a condition of purchasing any goods or services.

4. Your Telephone Number

By enrolling in Calltivate text messaging, you represent that you are the subscriber, customary user, or otherwise authorized user of the mobile telephone number you provide and that you are authorized to consent to communications at that number.

Do not provide a telephone number belonging to another person unless you are legally authorized to provide consent for communications to that number.

You agree to provide accurate contact information.

If you relinquish, cancel, transfer, or otherwise stop using a telephone number that you previously provided to Calltivate, you should notify us promptly and opt out of communications to that number.

Consent associated with one telephone number does not automatically constitute consent to communicate with a different or reassigned telephone number.

5. How to Opt Out of Text Messages

You may withdraw consent to receive marketing text messages at any time.

You may reply to a Calltivate text message with:

STOP, QUIT, END, REVOKE, OPT OUT, CANCEL, or UNSUBSCRIBE.

We will also honor other clear and reasonable communications expressing your desire to stop receiving messages when required by applicable law.

Valid revocation and opt-out requests will be processed within a reasonable period and no later than the period required by applicable law.

Once your consent has been validly revoked, Calltivate will not continue sending messages requiring that consent unless you subsequently provide new consent.

After receiving an opt-out request, we may send one non-promotional confirmation message acknowledging your request when permitted by law. That confirmation message will not contain advertising or promotional material.

If a particular messaging technology does not permit replies, the applicable message will provide another reasonable method for submitting an opt-out request as required by law.

6. Help

For assistance with our text messaging program, you may reply HELP when supported or contact: support@calltivate.io

7. Re-Enrollment

If you opt out of marketing messages and later wish to receive them again, you may affirmatively enroll again.

Prior consent will not be treated as permanently continuing after a valid revocation where new consent is required by applicable law.

8. Transactional and Service Communications

An opt-out from marketing communications does not necessarily prohibit Calltivate from sending communications that are independently authorized, specifically requested by you, necessary to provide a service you requested, required by law, or otherwise exempt from a consent requirement.

However, Calltivate will honor revocation requests to the extent required by applicable federal and state law.

9. Privacy and Use of Messaging Information

Information collected in connection with our messaging program is handled in accordance with the Calltivate Privacy Policy.

Calltivate does not sell or share SMS opt-in consent with third parties for those third parties’ independent marketing purposes.

Calltivate may disclose mobile telephone numbers, messaging information, and other relevant information to vendors, communications providers, technology providers, processors, contractors, or other service providers that assist us in operating our messaging program or providing Calltivate services, subject to applicable contractual restrictions and law.

We may also disclose information where reasonably necessary to comply with law, legal process, regulatory requirements, enforce our rights, prevent fraud or abuse, protect safety, or respond to lawful governmental requests.

Nothing in these Messaging Terms authorizes use or disclosure of personal information in a manner inconsistent with our Privacy Policy or applicable law.

Read the Calltivate Privacy Policy.

10. Messaging Records

Calltivate may maintain records relating to messaging consent and communications, including the telephone number provided, date and time of consent, consent language presented, source of consent, electronic records associated with enrollment, messages sent, delivery information, and opt-out or revocation requests.

Such records may be maintained for legitimate business, compliance, security, dispute-resolution, or legal purposes as permitted by applicable law.

11. Supported Carriers and Message Delivery

Messaging services are provided on an “as is” and “as available” basis.

Delivery of any message is not guaranteed.

Message delivery may be affected by circumstances outside Calltivate’s control, including mobile carrier systems, telecommunications networks, device settings, network availability, service interruptions, filtering systems, or technical failures.

Mobile carriers are not responsible for delayed or undelivered messages.

Calltivate is not responsible for charges imposed by your wireless carrier or communications provider. You are responsible for any message, data, or similar charges applicable to your service plan.

12. Compliance With Applicable Law

Calltivate intends to administer its marketing communications in accordance with applicable federal and state laws and regulations, which may include the Telephone Consumer Protection Act (“TCPA”), applicable FCC regulations, the CAN-SPAM Act, and applicable state telemarketing and electronic-communications laws.

Nothing in these Messaging Terms is intended to waive, restrict, or eliminate a right that cannot lawfully be waived or restricted.

If any provision of these Messaging Terms conflicts with a mandatory requirement of applicable law, the applicable legal requirement will control to the extent of the conflict.

13. Third-Party Service Providers

Calltivate may use third-party communications platforms, carriers, aggregators, email providers, SMS providers, software vendors, or other service providers to transmit or manage communications.

The use of a third-party service provider does not expand the scope of the marketing consent you provided to Calltivate.

14. Unauthorized or Abusive Use

You may not knowingly provide false contact information, enroll another person without authorization, use our messaging program for unlawful purposes, interfere with our communications systems, impersonate another person, or misuse our services.

We reserve the right to suspend or terminate participation in our messaging program where reasonably necessary to prevent fraud, abuse, security threats, unlawful activity, or misuse.

15. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, CALLTIVATE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING SOLELY FROM MESSAGE DELAYS, DELIVERY FAILURES, NETWORK FAILURES, DEVICE INCOMPATIBILITY, CARRIER ACTIONS, OR OTHER CIRCUMSTANCES OUTSIDE CALLTIVATE’S REASONABLE CONTROL.

THIS PROVISION DOES NOT LIMIT LIABILITY, REMEDIES, STATUTORY RIGHTS, OR OTHER RIGHTS THAT CANNOT LAWFULLY BE LIMITED OR WAIVED.

16. Relationship to Other Calltivate Terms

These Messaging Terms supplement the Calltivate Terms of Use and Privacy Policy.

Where you have validly agreed to other Calltivate contractual terms, including applicable dispute-resolution provisions, those provisions continue to apply according to their terms.

If there is a direct conflict between these Messaging Terms and the specific consent disclosure presented when you enrolled in a messaging program, the specific consent disclosure will control regarding the scope of communications you authorized.

17. Changes to These Messaging Terms

We may modify these Messaging Terms from time to time to reflect changes in our services, technology, operations, or applicable law.

The current version will be posted on this page with an updated “Last Updated” date.

A modification to these Messaging Terms will not, by itself, constitute new consent to receive marketing communications when applicable law requires affirmative consent.

18. Severability

If any provision of these Messaging Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permitted by law or severed to the minimum extent necessary, and the remaining provisions will remain in effect.

19. Contact Us

Questions, complaints, requests, or concerns regarding these Messaging Terms or Calltivate’s messaging program may be directed to:

Please include sufficient information for us to identify and address your request.