Effective: August 1, 2024
Tempyl Technologies, Inc. (“Tempyl”, “we”, “our,” or “us”) provides a mobile message service in connection with the services offered through our mobile applications, through which we (or others on our behalf) deliver certain service-related communications and marketing and promotion communications (the "Text Service"). Use of the Text Service is governed by these Text Service terms and conditions (these “Text Service T&Cs”). These Text Service T&Cs are incorporated into and a part of Tempyl’s Terms of Use Agreement.
These Text Service T&Cs will control over any conflicting terms in the Terms of Use Agreement, but solely with respect to the subject matter covered herein. Capitalized terms used herein but not defined will have the meanings given in the Terms of Use Agreement. Please note that we may update these Text Service T&Cs from time to time as described in Section 11.
Overview of Text Service. Participation in the Text Service is optional and consent to receive messages from us is not required to use the Tempyl Services. If you opt-in to the Text Service, Tempyl, and our applicable service providers on our behalf, will send notifications to you via SMS/MMS/OTT text messages (collectively, “Messages”) to provide you with information regarding service related communications, such as appointment reminders, routine reminders, and scheduling reminders, as well as marketing communications, such as special offers, exclusive discounts, new service announcements, etc. Tempyl and/or its authorized third-party service providers may, from time to time, use standard or an automatic telephone dialing system ("Auto-dialer") to deliver Messages to you as part of the Text Service; provided that, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an Auto-dialer. You agree that you will not use the Text Service for any illegal or unlawful purposes.
We may modify, suspend, or cancel the Text Service or any of its features, at any time, with or without notice. To the extent permitted by applicable law, Tempyl will not be liable to you or to any third party for any modification, suspension, or cancelation of the Text Service (or any part thereof).
1. How to Opt-In. To opt-in to the Text Service, you must affirmatively consent to join the Text Service when you register an Account for the Tempyl Services]. Note that once you opt-in you will receive Messages from us, even if you have opted in to the National Do Not Call List, any state Do Not Call List, or the internal Do Not Call List of any company. BY OPTING IN TO THE TEXT SERVICE, YOU EXPRESSLY AGREE AND CONSENT TO RECEIVE MESSAGES (INCLUDING, BUT NOT LIMITED TO MARKETING MESSAGES) FROM US AND OTHERS TEXTING ON OUR BEHALF, INCLUDING TEXT MESSAGES MADE WITH AN AUTO-DIALER, AT THE TELEPHONE NUMBER(S) YOU PROVIDE TO US AT THE TIME OF OPT-IN. IF YOU DO NOT CONSENT TO RECEIVE TEXT MESSAGES UNDER THE TEXT SERVICE, INCLUDING TEXT MESSAGES MADE WITH AN AUTO-DIALER, DO NOT OPT-IN TO THE TEXT SERVICE.
2. Duty to Inform and Indemnify. You certify, warrant and represent that (a) the telephone and/or mobile numbers that you have provided to us are your numbers and not someone else's, and (b) you are permitted to receive Messages at each mobile and/or phone number provided. You are responsible for notifying Tempyl immediately if you change your mobile telephone number. You may notify Tempyl of a number change by contacting us via email at help@tempyl.com. YOU AGREE TO INDEMNIFY TEMPYL IN FULL FOR ALL CLAIMS, EXPENSES, AND DAMAGES, INCLUDING, BUT NOT LIMITED TO, ALL CLAIMS, EXPENSES, AND DAMAGES RELATED TO OR ARISING UNDER THE TELEPHONE CONSUMER PROTECTION ACT, RELATED TO OR ARISING FROM AND/OR CAUSED BY, IN WHOLE OR IN PART, YOUR BREACH OF ANY THE FOREGOING REPRESENTATIONS AND WARRANTIES AND/OR OBLIGATIONS TO NOTIFY TEMPYL IF YOU CHANGE YOUR TELEPHONE NUMBER.
3. How to Opt-Out. You may opt-out of the Text Service at any time by texting the single keyword command STOP to the number from which you are receiving the applicable Message. Once you opt-out in accordance with the foregoing, you will receive a one-time opt-out confirmation Message, after which, no further Messages will be sent to your mobile device, unless you respond to any previous Message or re-opt-in to the Text Service. If you have subscribed to any other mobile or text messaging programs or services offered by Tempyl and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective Text Service T&Cs.
4. Privacy: Any personally identifiable information provided by you in connection with the Text Service shall be used only for the purposes of providing you the Text Service and as described in our Privacy Policy.
5. Changes to the Number and/or Short Code. We may change any short code or telephone number we use to operate the Text Service at any time and will notify you of these changes. You acknowledge that any Messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such Messages.
6. Cost. Tempyl does not impose a separate fee for participating in the Text Service, however, communications via text messaging may make use of the data network operated by your telephone, internet and/or wireless service provider to send both test messages and/or data, and you expressly acknowledge and agree that you, and not us, are solely responsible for any fees or charges incurred in connection with your receipt and/or sending of any Messages in connection with your use of the Text Service, including, without limitation, any telephone and/or mobile phone provider charges for SMS/MMS, text, or data usage or services, and/or any service charges for the use of any OTT messaging services.
7. Message Frequency. The number of Messages that you receive as part of the Text Service will vary depending vary depending on your Account activity and your communication with Tempyl.
8. Access or Delivery to Mobile Network is Not Guaranteed. Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions, including, without limitation, lapse or termination of your mobile telephone service and/or messaging service, failures in network services, prohibitions or restriction by carriers and/or service providers of certain mobile and/or messaging features, and/or incompatibility of certain mobile and/or messaging features with your carrier or mobile device and/or messaging service. You understand and acknowledge that the effective delivery and transmission of Messages is outside of Tempyl’s control, and Tempyl is not responsible or liable for any failure to deliver and/or receive any Messages, including, without limitation, any issues arising from the circumstances above.
9. Support/Help. You may receive support and/or help by contacting us via email at help@tempyl.com. We may also provide support prompts within a Message, such as “HELP”, which you may text to the number you receive Messages from to receive assistance (where applicable). In addition, if you have any questions about these Text Service T&Cs, please contact us by email at: help@tempyl.com.
10. Changes to these Text Service T&Cs. Tempyl reserves the right to amend these Text Service T&Cs at any time and without notice. The updated and amended Text Service T&Cs will be effective when posted online at https://tempyl.com/smsterms. When we make material changes to these Text Service T&Cs, we’ll provide you with prominent notice e.g., by displaying a prominent notice on our websites, sending you a Message, and/or through the user-interface of our Application. If you do not agree to the revised Text Service T&Cs, you should alter your preferences, and/or cease all use of the Text Service by opting-out as described above. By continuing to access or make use of the Text Service after the changes become effective, you agree to be bound by the revised Text Service T&Cs.
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