Privacy Policy

Last update April 1, 2025

MMS Services Inc, (“CallCounts, Media Measurement Solutions ,” “we,” “us,” or “our”) provides this Privacy Policy to help you understand how we collect, use, process, and share your personal information, and to help you understand and exercise your privacy rights with respect to MMS Services Inc Services (defined below). For residents of California and other states that provide additional rights, more information about the data we collect is available in our California Notice at Collection and Supplemental Notice for Residents of Certain Other States, which is found here.

1. SCOPE AND UPDATES TO THIS PRIVACY POLICY

This Privacy Policy applies only to personal information processed by us, including on or through our “MMS Services Inc and CallCounts” service, “MMS Services Inc and CallCounts® service, websites, mobile applications, and other online or offline offerings. To make this Privacy Policy easier to read, our services, websites, mobile applications, and other offerings are collectively called the “Services.”

An Important Note for Business Customers and their End-Customers: This Privacy Policy does not apply to any of the personal information pertaining to end-customers that we process on behalf of our business customers through their use of our Services (“Customer Data”). Our business customers’ respective privacy policies govern their collection, processing and use of Customer Data. Our processing of Customer Data is governed by the contracts that we have in place with our business customers, not this Privacy Policy. If you have any questions or requests relating to Customer Data that consists of your personal information, you should direct your questions or requests to the applicable business that is using or receiving our Services to process your personal information.

Changes to our Privacy Policy. We may revise this Privacy Policy from time to time in our sole discretion. If there are any material changes to this Privacy Policy, we will notify you as required by applicable law. You understand and agree that you will be deemed to have accepted the updated Privacy Policy if you continue to use our Services after the new Privacy Policy takes effect.

2. PERSONAL INFORMATION WE COLLECT

The categories of personal information we collect depend on how you interact with us, our Services, and the requirements of applicable law. We collect personal information that you provide to us, information we obtain automatically when you use our Services, and information from other sources such as third-party services and organizations, as described below.

Personal Information You Provide to Us Directly

We may collect personal information that you provide to us.

Account Creation. We may collect personal information when you create an account in connection with using our Services, such as name, email address, username, profile picture, username, etc.

Payment. We may collect personal information and details associated with our Services, including payment information. Any payments made via our Services are processed by third-party payment processors. We do not directly collect or store any payment card information entered through our Services, but we may receive information associated with your payment card information (e.g., your billing details).

Your Communications with Us. We may collect personal information, such as email address, phone number, or mailing address when you request information about our Services, register for our newsletter, request customer or technical support, or otherwise communicate with us.

Surveys. We may contact you to participate in surveys. If you decide to participate, we may collect personal information from you in connection with the survey.

Interactive Features. We may collect personal information that you submit or make available through our interactive features (e.g., messaging and chat features, commenting functionalities, forums, blogs, and social media pages). Any information you provide using the public sharing features of the Services will be considered “public,” unless otherwise required by applicable law, and is not subject to the privacy protections referenced herein.

Sweepstakes or Contests. We may collect personal information you provide for any sweepstakes or contests that we offer. In some jurisdictions, we are required to publicly share personal information of sweepstakes and contest winners.

Conferences, Trade Shows, and Other Events. We may collect personal information from individuals when we attend or host conferences, trade shows, and other events.

Business Development and Strategic Partnerships. We may collect personal information from individuals and third parties to assess and pursue potential business opportunities.

Job Applications. We may post job openings and opportunities on our Services. If you respond to one of these postings, we may collect your personal information, such as your application, CV, cover letter, and/or any other information you provide to us.

Personal Information Collected Automatically

We may collect personal information automatically when you use our Services.

Automatic Collection of Personal Information. We may collect certain information automatically when you use our Services, such as your Internet Protocol (IP) address, user settings, MAC address, cookie identifiers, mobile carrier, mobile advertising and other unique identifiers, browser or device information, location information (including approximate location derived from IP address), and Internet service provider. We may also automatically collect information regarding your use of our Services, such as pages that you visit before, during and after using our Services, information about the links you click, the types of content you interact with, the frequency and duration of your activities, and other information about how you use our Services.

Crash Reports. If you provide crash reports, we may collect personal information related to such crash reports, including detailed diagnostic information about your device and the activities that led to the crash.

Location Information. We may collect your location information in connection with your use of our Services.

Cookies and Other Technologies (Cookie Policy). We, as well as third parties that provide content, advertising, or other functionality on our Services, may use cookies, pixel tags, and other technologies (“Technologies”) to automatically collect information through your use of our Services.

Cookies. Cookies are small text files placed in device browsers that store preferences and facilitate and enhance your experience.

Pixel Tags/Web Beacons. A pixel tag (also known as a web beacon) is a piece of code embedded in our Services that collects information about engagement on our Services. The use of a pixel tag allows us to record, for example, that a user has visited a particular web page or clicked on a particular advertisement. We may also include web beacons in e-mails to understand whether messages have been opened, acted on, or forwarded.

Our uses of these Technologies fall into the following general categories:

Operationally Necessary. This includes Technologies that allow you access to our Services, applications, and tools that are required to identify irregular website behavior, prevent fraudulent activity, improve security, or allow you to make use of our functionality;

Performance-Related. We may use Technologies to assess the performance of our Services, including as part of our analytic practices to help us understand how individuals use our Services (see Analytics below);

Functionality-Related. We may use Technologies that allow us to offer you enhanced functionality when accessing or using our Services. This may include identifying you when you sign into our Services or keeping track of your specified preferences, interests, or past items viewed;

Advertising or Targeting-Related. We may use first party or third-party Technologies, including cross-device tracking, to deliver content, including ads relevant to your interests, on our Services or on third-party digital properties.

Some of the advertising Technologies we use include:

Facebook Connect. For more information about Facebook’s use of your personal information, please visit Facebook’s Data Policy. To learn more about how to opt-out of Facebook’s use of your information, please click here while logged in to your Facebook account.

See “Your Privacy Choices” below to understand your choices regarding these Technologies.

Analytics. We may use Technologies and other third-party tools to process analytics information on our Services. These Technologies allow us to better understand how our digital Services are used and to continually improve and personalize our Services. Some of our analytics partners include:

Social Media Platforms. Our Services may contain social media buttons, such as LinkedIn, Facebook, and Instagram, which might include widgets such as the “share this” button or other interactive mini programs. These features may collect personal information such as your IP address and which page you are visiting on our Services, and may set a cookie to enable the feature to function properly. Your interactions with these platforms are governed by the privacy policy of the company providing it.

Personal Information Collected from Other Sources

Third-Party Services and Sources. We may obtain personal information about you from other sources, including through third-party services and organizations. For example, if you access our Services through a third-party application, such as an app store, a third-party login service, or a social networking site, we may collect personal information about you from that third-party application that you have made available via your privacy settings.

3. HOW WE USE YOUR PERSONAL INFORMATION

We use your personal information for a variety of business purposes, including to provide our Services, for administrative purposes, and to market our products and Services, as described below.

Provide Our Services

We use your information to fulfil our contract with you and provide you with our Services, such as:

Managing your information and accounts;

Providing access to certain areas, functionalities, and features of our Services;

Answering requests for customer or technical support;

Communicating with you about your account, activities on our Services, and policy changes;

Processing your financial information and other payment methods for products or Services purchased;

Processing applications if you apply for a job we post on our Services; and

Allowing you to register for events.

Administrative Purposes

We use your information for various administrative purposes, such as:

Pursuing our legitimate interests such as direct marketing, research and development (including marketing research), network and information security, and fraud prevention;

Detecting security incidents, protecting against malicious, deceptive, fraudulent or illegal activity, and prosecuting those responsible for that activity;

Measuring interest and engagement in our Services;

Short-term, transient use, such as contextual customization of ads;

Improving, upgrading, or enhancing our Services;

Developing new products and services;

Ensuring internal quality control and safety;

Authenticating and verifying individual identities, including requests to exercise your rights under this Privacy Policy;

Debugging to identify and repair errors with our Services;

Auditing relating to interactions, transactions, and other compliance activities;

Sharing personal information with third parties as needed to provide the Services;

Enforcing our agreements and policies; and

Carrying out activities that are required to comply with our legal obligations.

We may use your information for any other legitimate business purposes as permitted by law.

Marketing and Advertising our Products and Services

We may use personal information to tailor and provide you with content and advertisements. We may provide you with these materials as permitted by applicable law.

Some of the ways we market to you include email campaigns, text messages, custom audiences advertising, and “interest-based” or “personalized advertising,” including through cross-device tracking.

If you have any questions about our marketing practices or if you would like to opt out of the use of your personal information for marketing purposes, you may contact us at any time as set forth in “Contact Us” below.

With Your Consent

We may use personal information for other purposes that are clearly disclosed to you at the time you provide personal information or with your consent.

Other Purposes

We also use your personal information for other purposes as requested by you or as permitted by applicable law.

De-identified and Aggregated Information. We may use personal information to create de-identified and/or aggregated information, such as analyses we create about the total number of users in a location or how users interact with our Services. If we create or receive de-identified information, we will not attempt to reidentify such information, except to comply with applicable law or in accordance with our Privacy Policy.

4. HOW WE DISCLOSE YOUR PERSONAL INFORMATION

We disclose your personal information to third parties for a variety of business purposes, including to provide our Services, to protect us or others, or in the event of a major business transaction such as a merger, sale, or asset transfer, as described below.

Disclosures to Provide our Services

The categories of third parties with whom we may disclose your personal information are described below.

Service Providers. We may disclose your personal information with our third-party service providers and vendors that assist us with the provision of our Services. This includes service providers and vendors that provide us with IT support, hosting, payment processing, customer service, and related services.

Business Partners. We may disclose your personal information with business partners to provide you with a product or service you have requested. We may also disclose your personal information with business partners with whom we jointly offer products or services.

Affiliates. We may disclose your personal information with our company affiliates for example: for our administrative purposes, IT management, or for them to provide services to you or support and supplement the Services we provide.

Advertising Partners. We may share your personal information with third-party advertising partners. These third-party advertising partners may set Technologies and other tracking tools on our Services to collect information regarding your activities and your device (e.g., your IP address, cookie identifiers, page(s) visited, location, time of day). These advertising partners may use this information (and similar information collected from other services) for purposes of delivering personalized advertisements to you when you visit digital properties within their networks. This practice is commonly referred to as “interest-based advertising,” “cross-context behavioral advertising,” “targeted advertising,” or “personalized advertising.”

APIs/SDKs. We may use third-party application program interfaces (“APIs”) and software development kits (“SDKs”) as part of the functionality of our Services. If you have questions about our use of APIs and SDKs, please contact us as set forth in “Contact Us” below.

We may also share your information with third parties as appropriate and permitted by law. The privacy choices you may have about your personal information are determined by applicable law and are described in Section 5 below.

Disclosures to Protect Us or Others

We may access, preserve, and disclose any information we store associated with you to external parties if we, in good faith, believe doing so is required or appropriate to: comply with law enforcement or national security requests and legal process, such as a court order or subpoena; protect your, our, or others’ rights, property, or safety; enforce our policies or contracts; collect amounts owed to us; or assist with an investigation or prosecution of suspected or actual illegal activity.

Disclosure in the Event of Merger, Sale, or Other Asset Transactions

If we are involved in a merger, acquisition, financing, reorganization, bankruptcy, receivership, purchase, licensing or sale of assets, or transition of service to another provider, your information may be sold, licensed or transferred as part of such a transaction, as permitted by law and/or contract.

5. YOUR PRIVACY CHOICES

Your Privacy Choices. The privacy choices you may have about your personal information are determined by applicable law and are described below.

Email Communications. If you receive an unwanted email from us, you can use the unsubscribe link found at the bottom of the email to opt out of receiving future emails. Note that you will continue to receive transaction-related emails regarding products or Services you have requested. We may also send you certain non-promotional communications regarding us and our Services, and you will not be able to opt out of those communications (e.g., communications regarding our Services or updates to our Terms or this Privacy Policy).

Text Messages. If you receive an unwanted text message from us, you may opt out of receiving future text messages from us by following the instructions in the text message you have received from us or by otherwise contacting us as set forth in “Contact Us” below.

Push Notifications. We may send you push notifications through our mobile application. You may opt out from receiving these push notifications by changing the settings on your mobile device. With your consent, we may also collect precise location-based information via our mobile application. You may opt out of this collection by changing the settings on your mobile device.

“Do Not Track.” Do Not Track (“DNT”) is a privacy preference that users can set in certain web browsers. Please note that we do not respond to or honor DNT signals; however, we do honor the Global Privacy Consent (“GPC”) where required by applicable law.

Cookies and Personalized Advertising. You can control use of certain cookies and Technologies on our Services in the following ways:

Browser and Device Controls. You may also stop or restrict the placement of Technologies on your device or remove them by adjusting your preferences as your browser or device permits. However, if you adjust your preferences, our Services may not work properly. Please note that cookie-based opt-outs are not effective on mobile applications. However, you may opt-out of personalized advertisements on some mobile applications by following the instructions for Android, iOS, and others.

Ad Industry Opt-outs. In addition, the online advertising industry also provides websites from which you may opt out of receiving targeted ads from data partners and other advertising partners that participate in self-regulatory programs. You can access these websites and learn more about targeted advertising and consumer choice and privacy by visiting the Network Advertising Initiative, the Digital Advertising Alliance, the European Digital Advertising Alliance, and the Digital Advertising Alliance of Canada. Please note you must separately opt out in each browser and on each device.

Global Privacy Control. You may exercise your opt-out right by broadcasting an opt-out preference signal, called the Global Privacy Control (GPC) (on the browsers and/or browser extensions that support such a signal). You can learn more about The Global Privacy Control here. Please note that your request to opt-out of sale/sharing will be linked to your browser identifier only. If you use a different computer or Internet browser to access our sites, you will need to renew your opt-out request.

6. SECURITY OF YOUR INFORMATION

We take steps to ensure that your information is treated securely and in accordance with this Privacy Policy. Unfortunately, no system is 100% secure, and we cannot ensure or warrant the security of any information you provide to us. To the fullest extent permitted by applicable law, we do not accept liability for unauthorized access, use, disclosure, or loss of personal information.

By using our Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of our Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on our Services, by mail, or by sending an email to you.

7. INTERNATIONAL DATA TRANSFERS

All information processed by us may be transferred, processed, and stored anywhere in the world, including, but not limited to, the United States or other countries, which may have data protection laws that are different from the laws where you live. We endeavor to safeguard your information consistent with the requirements of applicable laws.

For more information about the safeguards we use for international transfers of your personal information, please contact us as set forth below.

8. RETENTION OF PERSONAL INFORMATION

We store the personal information we collect as described in this Privacy Policy for as long as you use our Services, or as necessary to fulfill the purpose(s) for which it was collected, provide our Services, resolve disputes, establish legal defenses, conduct audits, pursue legitimate business purposes, enforce our agreements, and comply with applicable laws, or based upon other criteria, including, but not limited to, the sensitivity and volume of such data. Additionally, we endeavor to retain all such personal information in accordance with legal requirements.

9. CHILDREN’S INFORMATION

The Services are not directed to children under 13 (or other age as required by local law), and we do not knowingly collect personal information from children.

If you are a parent or guardian and believe your child has uploaded personal information to our site without your consent, you may contact us as described in “Contact Us” below. If we become aware that a child has provided us with personal information in violation of applicable law, we will delete any personal information we have collected, unless we have a legal obligation to keep it.

10. OTHER PROVISIONS

Third-Party Websites/Applications. The Services may contain links to other websites/applications and other websites/applications may reference or link to our Services. These third-party services are not controlled by us. We encourage our users to read the privacy policies of each website and application with which they interact. We do not endorse, screen, or approve, and are not responsible for, the privacy practices or content of such other websites or applications. Providing personal information to third-party websites or applications is at your own risk.

11. CONTACT US

MMS Services Inc is the controller of the personal information we process under this Privacy Policy.

If you have any questions about our privacy practices or this Privacy Policy, or to exercise your rights as detailed in this Privacy Policy, please contact us at:

MMS Services Inc

P O Box 3581

Bloomington, IL

877-520-2789

Last Updated

April 2,2025

1. Overview

Welcome to the family of services provided by MMS Services Inc (the “Service” or “Services”). This agreement applies to all Services provided by MMS Services Inc , including CallCounts, Media Measurement Solutions.

In order to make use of the services provided by MMS Services Inc, You (hereinafter referred to as “You”) must first read this agreement (the “Agreement”) and accept it. You may not avail Yourself of the Services if You do not accept this Agreement and the terms therein. You accept the terms of the Agreement by clicking to accept, by agreeing to the terms of the Agreement in the user interface for any MMS Services Inc, or by using the MMS Services Inc API or Services. In the latter case, You understand and agree that we will treat Your use of the Services as acceptance of the terms from that point onwards. BY USING ANY OF OUR SERVICES, YOU CONSENT TO THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE PLEASE DO NOT USE ANY MMS Services Inc SERVICES.

By putting a check mark next to I AGREE and clicking on SUBMIT or using the API or Services, You represent that You have read and agree to the terms and conditions of this Agreement. These terms and conditions will remain in effect throughout Your use of the Services and continue after this Agreement expires, cancels or is terminated. These terms and conditions are legally binding should You choose to register for the any of the Services.

If You are accepting on behalf of Your employer or another entity, You represent and warrant that: (i) You have full legal authority to bind Your employer, or the applicable entity, to these terms of service; (ii) You have read and understand this Agreement; and (iii) You agree, on behalf of the party that You represent, to this Agreement. If you don’t have the legal authority to bind Your employer or the applicable entity, please do not put a check mark next to I AGREE and click on SUBMIT or use MMS Services Inc Box’s Services.

MMS Services Inc has developed multiple business communications platforms that utilize proprietary telephony, analysis, and reporting technologies to provide customers with insight into their client communication performance. MMS Services Inc platform relies on highly available cloud infrastructure in combination with data center services. These nodes represent MMS Services Inc system boundary. Customers review analyzed data through a deliberate API integration or a product specific web interface. API integrations only provide access to authorized business customers.

MMS Services Inc customers should report incidents, issues, and failures by calling the Support line at 309-830-1469 or using the Support form fill within the applicable Service.

We reserve the right to change the terms of this Agreement from time to time. Any updates to these terms shall be posted on this website. You acknowledge your responsibility to review these terms from time to time and to be aware of any such changes. By continuing to use any of the MMS Services Inc Box Services after we post any such changes, you accept these terms, as modified.

2. Usage Policy

2.1 Subject to Your acceptance of and compliance with this Agreement and with the payment requirements for the Services, MMS Services Inc hereby grants You a limited, non-exclusive, non-transferable, non-sublicenseable, revocable right and license during the Term of this Agreement to access and use the Services, solely in accordance with the terms and conditions of this Agreement. Unless explicitly stated otherwise, any new features provided by MMS Services Inc that augment or enhance the current Services shall also constitute “Services” and shall be subject to these terms and conditions. You may not, nor allow any third party to, copy, distribute, sell, disclose, lend, transfer, convey, modify, decompile, disassemble or reverse engineer the Services for any purpose whatsoever. You may not allow any unauthorized third party to access the Services for any purpose whatsoever. All rights not expressly granted under this Agreement are retained by MMS Services Inc.

2.2 For purposes of this Agreement, MMS Services Inc hereby grants to You a limited, non-exclusive, non¬transferable, non-sub-licenseable, revocable license during the Term of this Agreement to display the trade names, trademarks, service marks, logos, domain names of MMS Services Inc (each, a “MMS Services Inc Mark”) for the purpose of promoting or advertising that You use the Services, solely in accordance with the terms and conditions of this Agreement. In return You hereby grant MMS Services Inc a limited, non-exclusive, non¬transferable, non-sublicenseable license during the Term of this Agreement to display Your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that You use the Services. In using MMS Services Inc Marks, You may not: (i) display a MMS Services Inc Mark in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by MMS Services Inc; (ii) use MMS Services Inc’s Marks to disparage MMS Services Inc or its products or services; or (iii) display a MMS Services Inc Mark on a site that violates any law or regulation. Notwithstanding the above, MMS Services Inc may determine in its sole discretion whether its marks may be used in connection with Your Application. Furthermore, we may modify any MMS Services Inc Marks provided to You at any time, and upon notice, You will use only the modified MMS Services Inc Marks and not the old MMS Services Inc Marks. Other than as specified in this Agreement, You may not use any MMS Services Inc Mark unless You obtain our prior written consent. All uses of the MMS Services Inc Trademarks and goodwill associated therewith shall inure to the benefit of MMS Services Inc.

2.3 Subject to our commercially reasonable efforts and so long as Your account remains in good standing, data generated by Your use of the Service such as audio recordings and call log entries (collectively, “Your Data”) will remain available via our API and reporting platforms for at least 35 days from the date such data was generated or as otherwise agreed to in the Services Agreement. After such time period, we reserve the right to delete Your Data. We shall have no liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that You may incur with respect to loss of data associated with Your account and data therein.

2.4 As between You and MMS Services Inc, you own all rights in Your Data. You hereby grant to MMS Services Inc a non-exclusive, perpetual, irrevocable, royalty-free, world-wide and sub-licensable license to use Your Data 1) to deliver the Services, and 2) in deidentified aggregate form for all other lawful purposes, including but not limited to product improvement and product development purposes. All rights in and to data derived from MMS Services Inc’s use of Your Data pursuant to the preceding license are owned by MMS Services Inc.

2.5 If you provide any feedback to MMS Services Inc relating to the Services, including but not limited to suggestions, ideas, improvements and enhancements, all rights in and to such feedback are owned by MMS Services Inc and You hereby assign all such rights to MMS Services Inc.

3. Term and Termination

3.1 The Term of this Agreement shall coincide with the term of the applicable Service as set forth in a separate Service Agreement of which this Agreement is a part.

3.2 You may not terminate this Agreement unless you terminate the applicable Service Agreement in accordance with its terms by providing written notice to cancel@callbox.com. Terminations and Termination Fees, as applicable, are processed in accordance with Your Service Agreement.

3.3 We may suspend Your right and license to use any or all Services or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to You), if you fail to pay for the Services when due under the terms of the Service Agreement or for any other activity that we deem suspicious or improper. If MMS Services Inc determines that providing advance notice would negatively impact MMS Services Inc’s ability to provide Services, MMS Services Inc may suspend Your right and license to use any or all Services or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to You), with no notice. Upon termination of this Agreement for any reason: (i) You remain liable for all fees, charges and any other obligations You have incurred through the date of termination with respect to the Services; and (ii) all of Your rights under this Agreement shall immediately terminate.

4. Intellectual Property

4.1 Other than the limited use and access rights and licenses to the Services expressly set forth in this Agreement, we reserve all right, title and interest (including all intellectual property and proprietary rights) in and to (i) the Services; (ii) the MMS Services Inc Marks; and (iii) any other technology and software that we provide or use to provide the Services. You do not, by virtue of this Agreement or otherwise, acquire any ownership interest or rights in the Services, the MMS Services Inc Marks, or such other technology and software, except for the limited use and access rights described in this Agreement.

4.2 During and after the Term of the Agreement, with respect to any of the Services that You elect to use, You will not assert, nor will You authorize, assist, or encourage any third party to assert, against us or any of our customers, end users, vendors, business partners (including third party sellers on websites operated by or on behalf of us), sub-licensees or transferees, any patent infringement or other intellectual property infringement claim with respect to such Services.

5. No Warranty; Limitation of Liability

5.1 MMS Services Inc reserves the right to modify, suspend, or discontinue the offering of any of the Services at any time for any reason without prior notice. Further, while MMS Services Inc utilizes electronic and physical security to reduce the risk of improper access to or manipulation of data during transmission and storage, it cannot guarantee the security or integrity of the data and shall have no liability for breaches of security or integrity or third-party interception in transit, nor for any damage which may result to your computer or other property by your use of the Services.

5.2 MMS Services Inc shall use commercially reasonable efforts to make access to the Services available through the required access protocols, but makes no warranty or guarantee that (i) the Services will be available at any particular time; or (ii) you will be able to access the Services at any particular time or from any particular location. MMS Services Inc will not be liable for any act or omission of any other company or companies furnishing a portion of the Services (including, without limitation communications carriers or ISPs), or from any act or omission of a third party, including those vendors participating in MMS Services Inc offerings made to you, or for equipment that it does not furnish, or for damages that result from the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, MMS Services Inc DOES NOT WARRANT THAT THE USE OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE, INCLUDING, BUT NOT LIMITED TO ANY INTERRUPTIONS TO THE SERVICES CAUSED BY THE INTENTIONAL AND/OR MALICIOUS ACTS OF THIRD PARTIES (E.G., “HACKING”) NOR SHALL MMS Services Inc BE RESPONSIBLE FOR ANY DATA LOSS OR LOSS OF ANY INFORMATION IN YOUR ACCOUNT, REGARDLESS OF THE CAUSE. FURTHERMORE, MMS Services Inc MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES OR THAT THE SERVICES WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. MMS Services Inc MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. MMS Services Inc SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE SERVICES RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE, OR DATA, MMS Services Inc IS NOT RESPONSIBLE FOR THOSE COSTS. MMS Services Inc’s TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE SERVICES FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU TO MMS Services Inc HEREUNDER.

6. User Warranties; Indemnification

6.1 You agree to indemnify, defend and hold us, our affiliates and licensors, each of our and their business partners (including third party sellers on websites operated by or on behalf of us) and each of our and their respective employees, officers, directors and representatives, harmless from and against any and all claims, losses, damages, liabilities, judgments, penalties, fines, costs and expenses (including reasonable attorneys fees), arising out of or in connection with any claim arising out of Your use of the Services and/or MMS Services Inc Marks in a manner not authorized by this Agreement, and/or in violation of the applicable restrictions, the Acceptable Use Policy , Your privacy policy, and/or applicable state and/or federal laws, statutes, regulations, codes, or rules.

7. Force Majeure

7.1 MMS Services Inc shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications or Internet facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of MMS Services Inc. In addition, MMS Services Inc shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Services.

8. Disputes

8.1 Notwithstanding anything to the contrary, we may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of MMS Services Inc’s or any third party’s intellectual property rights and/or proprietary rights. You further acknowledge that our rights in the Services and the MMS Services Inc Marks are of a special, unique, extraordinary character, giving them peculiar value, the loss of which cannot be readily estimated and may not be adequately compensated for in monetary damages.

8.2 By using the Services, You agree that the laws of Texas, without regard to principles of conflicts of laws, will govern this Agreement and any dispute of any sort that might arise between You and us.

9. Fees and Payment Terms

9.1 The monthly services fee will be due by the 15th day of each month beginning the month following activation date during the Term of this Agreement and any renewal hereof or of the Service Agreement of which this Agreement is a part.

9.2 MMS Services Inc shall submit to You monthly invoices for any Services billable hereunder. The invoice shall include any unpaid fees for Services. All invoices must be paid in full within fifteen (15) days of the invoice date.

9.3 In the event You claim any discrepancy or inaccuracy in any invoice, such claim must be asserted by You within thirty (30) days from invoice date or such invoice shall be deemed final and conclusive. All such claims shall be in writing and MMS Services Inc shall respond thereto in thirty (30) days. However, this dispute resolution provision shall not relieve You of paying the ongoing fee for Services as governed by this Agreement.

9.4 Fees or invoices that become thirty (30) days past due will incur an additional charge of one and one-half percent (1+1/2%) per month from the date the fee is due or the invoice is issued. Accounts referred to a third-party collection agency will be charged an additional collection fee equal to our costs associated with utilizing a third-party agency.

9.5 It shall be a breach of this Agreement if the fee is not paid when due or any invoice becomes sixty (60) days past due.

9.6 MMS Services Inc, at its sole discretion, may require prepayment and/or alterative payment methods (i.e. credit card) should an invoice be paid after the invoice due date.

10. Publicity

10.1 Either party may issue publicity or general marketing communications concerning its involvement with the other party, subject to such other party’s prior written/verbal approval, which must not be unreasonably withheld or denied.

10.2 MMS Services Inc may display Your name and logo on its websites and in marketing materials. You may revoke this permission by providing written notice to MMS Services Inc at content@callbox.com.

11. Miscellaneous Provisions

11.1 Responsibility. If You authorize, assist, encourage or facilitate another person or entity to take any action related to the subject matter of this Agreement, You shall be deemed to have taken the action Yourself.

11.2 Severability. If any portion of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect, and any invalid or unenforceable portions shall be construed in a manner that most closely reflects the effect and intent of the original language. If such construction is not possible, the provision will be severed from this Agreement, and the rest of the Agreement shall remain in full force and effect.

11.3 Waivers. The failure by us to enforce any provision of this Agreement shall in no way be construed to be a present or future waiver of such provision nor in any way affect our right to enforce such provision thereafter. All waivers by us must be in writing to be effective.

11.4 Successors and Assigns. You may not assign this Agreement or any rights or obligations hereunder without MMS Services Inc’s prior written consent. MMS Services Inc may assign this Agreement. MMS Services Inc may assign this Agreement or any of its rights, obligations or duties hereunder to a successor in connection with a merger, acquisition, or sale of all or substantially all of its assets or substantially all of its assets pertaining to the Services. This Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.

11.5 Entire Agreement. This Agreement incorporates by reference all policies and guidelines posted on the MMS Services Inc Website and as may be modified thereafter and constitutes the entire agreement between You and us regarding the subject matter hereof and supersedes any and all prior or contemporaneous representation, understanding, agreement, or communication between You and us, whether written or oral, regarding such subject matter.

11.6 No Agency. Nothing in this Agreement shall be construed as creating a partnership, contract of employment, agency, joint venture or franchise relationship between MMS Services Inc and You.

11.7 No Third Party Beneficiary. You acknowledge and agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiary to this agreement.

12. Service Specific Terms

The above terms (“General Terms”) apply to all Services. This section contains links to service-specific terms that are in addition to the General Terms. These service-specific terms govern if there are any conflicts with the General Terms.

MMS Services Inc Texting Service: http://txt-tos.com/