Website Terms of Use
Version 1.1
The MsgBubble website located at https://msgbubble.com is a copyrighted work belonging to NJ2 LLC. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. The term "MsgBubble" shall refer to MsgBubble or NJ2 LLC.
All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.
Platform Communications
Our platform enables users to send email, web chat, SMS (text messages), and other forms of communication to other users or customers. All recipients MUST provide you with explicit consent to send any form of communication to them before transmitting. Our platform will NOT be responsible for any illegal, spam, or communication violations committed by users, including communications sent to recipients who did not provide consent to receive them.
Furthermore, any violation of this policy will result in an immediate and permanent account suspension at our sole discretion. We will NOT tolerate spam or unsolicited communication of any kind on our platform. Violations include, but are not limited to, sending prohibited content as defined by industry regulations, including Twilio’s messaging policies, Carrier Filtering Guidelines, and SHAFT categories (sex, hate, alcohol, firearms, and tobacco).
Prohibited content includes messages containing hate speech, adult material, illegal activity, gambling, misleading promotions, phishing links, or any flagged content such as references to SHAFT topics or restricted materials (e.g., tobacco, firearms, or explicit content). Users are expected to comply with all local, federal, and carrier-specific regulations when using our platform.
Accounts found in violation of these rules, including those subscribed through AppSumo lifetime deals, may be suspended or terminated without notice or refund at our sole discretion. This policy is essential to maintaining compliance, protecting recipients, and ensuring the integrity of our platform.
For additional details on prohibited content and messaging compliance, please review the guidelines provided by Twilio and other applicable messaging authorities. Your adherence to these terms ensures a safe and compliant communication experience for all.
TCPA and Compliance
a. In accordance with the TCPA (Telephone Consumer Protection Act, 47 U.S.C. § 227), both parties agree to abide by its rules where applicable. The client bears the sole responsibility for securing the necessary consents for messaging under the TCPA and TSR when utilizing MsgBubble Services. This includes obtaining explicit permission from third parties, including the client's own customers, for sending and receiving SMS and/or emails through MsgBubble Services.
b. Regarding 10DLC (10-Digit Long Code) requirements, you acknowledge your responsibility for adhering to the A2P 10DLC regulations, especially in terms of registration and securing customer consent for SMS services. MsgBubble retains the right to transfer any carrier-imposed 10DLC fees to you, which you agree can be collected via your approved payment method. In instances where necessary for providing or improving the Services, you authorize MsgBubble to represent you in the 10DLC registration process.
It is essential for you to understand and accept that maintaining your A2P 10DLC registration, which includes paying the initial registration fee and subsequent ongoing fees for text campaigns, is mandatory for using any text or text-based features within the Services. Specifically, for small business contracts made online or self-served, these fees may appear as a single item labeled “Carrier Texting Fees.”
Each party agrees to take responsibility for, and protect, defend, and indemnify the other against, any damages, liabilities, judgments, fees, fines, costs, and expenses (including legal fees), that arise from any claims, demands, or legal actions incurred due to the client's failure to adhere to this section.
Access to the Site
Subject to these Terms. MsgBubble grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for personal or commerical use.
Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site must be retained on all copies thereof.
MsgBubble reserves the right to change, suspend, or cease the Site with or without notice to you. You approved that MsgBubble will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.
No Support or Maintenance. You agree that MsgBubble will have no obligation to provide you with any support in connection with the Site.
Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by MsgBubble or MsgBubble's suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. MsgBubble and its suppliers reserve all rights not granted in these Terms.
User Content
User Content. "User Content" means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content. You hereby certify that your User Content does not violate our Acceptable Use Policy. You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by MsgBubble. Because you alone are responsible for your User Content, you may expose yourself to liability. MsgBubble is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.
You hereby grant to MsgBubble an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.
Acceptable Use Policy. The following terms constitute our "Acceptable Use Policy": You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another's privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user's use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.
We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.
If you provide MsgBubble with any feedback or suggestions regarding the Site, you hereby assign to MsgBubble all rights in such Feedback and agree that MsgBubble shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate. MsgBubble will treat any Feedback you provide to MsgBubble as non-confidential and non-proprietary.
You agree to indemnify and hold MsgBubble and its officers, employees, and agents harmless, including costs and attorneys' fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content. MsgBubble reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of MsgBubble. MsgBubble will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
Third-Party Links & Ads; Other Users
Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties. Such Third-Party Links & Ads are not under the control of MsgBubble, and MsgBubble is not responsible for any Third-Party Links & Ads. MsgBubble provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads. You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party's terms and policies apply, including the third party's privacy and data gathering practices.
Other Users. Each Site user is solely responsible for any and all of its own User Content. Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others. You agree that MsgBubble will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site user, we are under no obligation to become involved.
You hereby release and forever discharge the MsgBubble and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."
Cookies and Web Beacons. Like any other website, MsgBubble uses ‘cookies'. These cookies are used to store information including visitors' preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users' experience by customizing our web page content based on visitors' browser type and/or other information.
Disclaimers
The site is provided on an "as-is" and "as available" basis, and MsgBubble and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement. We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe. If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.
Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.
Limitation on Liability
To the maximum extent permitted by law, in no event shall MsgBubble or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if MsgBubble has been advised of the possibility of such damages. Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit. You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.
Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site. We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms. Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately. You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases. MsgBubble will not have any liability whatsoever to you for any termination of your rights under these Terms. Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.
Copyright Policy.
MsgBubble respects the intellectual property of others and asks that users of our Site do the same. In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- your physical or electronic signature;
- identification of the copyrighted work(s) that you claim to have been infringed;
- identification of the material on our services that you claim is infringing and that you request us to remove;
- sufficient information to permit us to locate such material;
- your address, telephone number, and e-mail address;
- a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement.
Health Insurance Portability and Accountability Act (HIPPA) Compliance
All parties agree that HIPPA or Protected Health Information (PHI) should NOT be stored or transmitted through our services. If any covered entity is subjected to HIPPA Compliance laws, they must not use our platform for information related to PHI. MsgBubble takes no responsibility and assumes no liability for any Client Data or disclosure of such information.
General
These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice. Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site. Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Agreement carefully. It is part of your contract with MsgBubble and affects your rights.
Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Indemity Client's Indemnity. Client shall indemnify, defend, and hold harmless MsgBubble, its officers, agents, and employees against all losses, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees), resulting from any judgment or proceeding, or any settlement Terms, from a third party’s claim that arises out of a third party’s claim that Client's website on which the Subscription Service is provided or any application Client develop infringes any intellectual property rights.
Exclusive Remedies for Infringement Claims. The indemnification responsibilities outlined represent MsgBubble's only duties concerning any claims of infringement.
MsgBubble Indemnity. MsgBubble shall indemnify, defend, and hold harmless Client, Client's officers, agents, and employees against all losses, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees), resulting from any judgment or proceeding, or any settlement Terms, from a third party’s claim that the Subscription Service, as provided by MsgBubble to Client within the scope of this Terms, infringe any intellectual property rights. MsgBubble has no obligation to indemnify Client for a claim of infringement to the extent it arises from: infringing matter supplied or developed solely by Client; unauthorized modifications or uses of the Subscription Service; or Client's acts or omissions not in accordance with the terms of this Agreement. If Client's use of the Subscription Service is enjoined or is likely to be enjoined due to a third party claim of infringement for which MsgBubble is required to indemnify Client under these Terms then MsgBubble may, at its sole cost and expense and within its sole discretion, do one of the following: procure for Client the right to continue using the Subscription Service; replace or modify the enjoined Subscription Service to make it non-infringing but functionally equivalent; or terminate the enjoined Subscription Service and return any fees paid for enjoined Subscription Service not yet rendered.
Limitation of Liability Based on Contribution. The obligation of each indemnitor to pay or refund any indemnified claim is proportionate to that indemnitor's contribution. No party is liable for losses related to indemnified claims if those losses are due to the actions or failures to act of the other party or its indemnities.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from MsgBubble, or any products utilizing such data, in violation of the United States export laws or regulations.
Electronic Communications. The communications between you and MsgBubble use electronic means, whether you use the Site or send us emails, or whether MsgBubble posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from MsgBubble in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that MsgBubble provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.
Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to MsgBubble is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without MsgBubble's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. MsgBubble may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
Your Privacy. Please read our Privacy Policy.
Copyright/Trademark Information. Copyright ©. All rights reserved. All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
Contact Information
Email: [email protected]