Terms and Conditions

 

By sending this Agreement, you hereby agree that you have read and agree to comply with the terms and conditions set forth herein below. This is an agreement between you and Dream Big Innovation, a limited liability company, relating to your use, or potential use, of Lojiic products and/or services. The use of these products/services is available to anyone in the United States only if they abide to the Terms and Conditions that govern this Agreement.


Terms and Conditions.  This Agreement consists of the following terms and conditions as well as the company's Privacy Policy, which can be found on our website and is referenced and incorporated herein. By your use of Lojiic products and/or services you are deemed to have consented to all of these terms and conditions.  


  1. Service Fee.  In exchange for use of Lojiic products and/or services, you agree(d) to pay a fee(s); the amount of said fee(s) and whether the fee shall be paid at the time of purchase and/or by a recurring payment plan varies depending on the product(s) and/or service(s) purchased. Regardless of the actual fee amount and/or timing of payment(s), you agree to the specific terms of payment set forth herein.

    1. Recurring Payments – When purchasing certain Lojiic services pursuant to a recurring payment plan, you acknowledge and agree that Dream Big Innovation is authorized to collect/charge a certain amount (which amount, including currency type, is determined at the time of purchase) of money each month from your credit card or bank. This amount is deducted on the due date of every billing cycle. You agree that no prior-notification will be provided unless the date or amount changes. These recurring payments shall continue until the service(s) being provided is terminated by you in writing or by Dream Big Innovation. No credit or refunds will be issued in the event of cancellation of account after the beginning of the billing cycle.  The client will be given the option to cancel the services being provided at the end of that billing cycle or to terminate the account immediately; payment for the entire billing cycle shall still be due in full either way. Payment shall only be deemed received by Dream Big Innovation upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any products or services.

    2. Overages. If you exceed your allotted text/data limits under your plan with Dream Big Innovation, the fees associated with those overages shall be assessed the next billing cycle with and added to the “recurring payment” amount owed each month, pursuant to and in accordance with the terms of the preceding paragraph (1.a).

    3. Default in Payment.  In, the event that your payment is not timely received (i.e., it is returned for insufficient funds, or your credit or debit card is misused, expired or declined for any other reason), you shall be responsible for the outstanding amount due, plus any and all expenses incurred by Dream Big Innovation in recovering said amounts.  And any amounts owed that are not paid when due shall bear interest, from the time the payment was due until the time paid, at a rate of eighteen percent (18%) per annum, or the maximum permitted by law.  Failure to settle all amounts within 14 days of the due date may also result in withholding of further services and/or suspension of existing services provided to you by Dream Big Innovation.

    4. Ancillary Data Charges by Wireless Network Providers: Standard message and data rates may apply to any end user who receives or sends SMS messages. These rates are determined and assessed by our, or your intended recipient's, wireless network carrier, who is not a party to this Agreement nor affiliated with Dream Big Innovation and/or Lojiic. Dream Big Innovation assumes no liability or responsibility relating to or in connection with said rates/assessment of rates and you agree to resolve any disputes relating to said charges directly with your (or your recipient's) wireless network carrier and you agree to hold Dream Big Innovation harmless from any liability in connection therewith.

  2. Shortcode: Unless otherwise stipulated in writing, your Lojiic mobile messaging program will utilize a Lojiic-provisioned shortcode.

  3. SMS Coverage: Dream Big Innovation maintains coverage (SMS) with an ever-growing number of wireless carrier networks. For updated information regarding which carriers support SMS through Dream Big Innovation, please contact us at info@Lojiic.com.

  4. STOP: At any time, a recipient of a mobile message (SMS or MMS) may have their phone number removed from the distribution list by replying STOP or STOP + KEYWORD.

  5. Customer & Technical Support: Dream Big Innovation's normal hours for Customer and Technical Support are Monday through Friday, 9am to 6pm Eastern Standard Time. After hours and holiday calls are handled by Dream Big Innovation’s' support staff the following business day.

  6. Incorporation of MMA Guidelines: You agree to adhere to the current mobile Marketing Association's "U.S. Consumer Best Practices Guidelines" (hereinafter "MMA Guidelines") published at http://mmaglobal.com/policies/consumer-best-practices, or its equivalent as updated from time to time. In the event of a conflict between terms in this document and the MMA Guidelines, this document shall prevail.

  7. Content: "Content" means the material you are asking Dream Big Innovation to store, process, or transmit to end users. You represent the following:

    1. You own the Content and/or you have obtained all licenses and clearances necessary for distribution of the Content to mobile devices (and, optionally, web sites, flash widgets, or other means of viewing the content that we mutually agree on). The Content does not violate the rights of any person or company protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations.

    2. The Content is consistent with standards imposed by mobile aggregators and carriers; specifically, it is not libelous, defamatory, false, misleading, inaccurate, sexually explicit, unlawful, obscene, or racially or ethnically offensive, or objectionable.

    3. The Content adheres to the current MMA Guidelines, or its equivalent as updated from time to time.

    4. The Content (including its storage, transmission, and delivery) does not violate any law or regulation in the United States, the State of Florida, your home jurisdiction(s), or any jurisdiction where the Content is stored, transmitted, or delivered.

    5. Dream Big Innovation may refuse to transmit or may delete any Content that, in its opinion, violates any of the above. In such case, Dream Big Innovation will inform you of the problem and work with you so that the campaign may be completed.

    6. In order for Dream Big Innovation to fulfill the terms of this Agreement and services to be provided, you permit Dream Big Innovation to transform and encode the Content into various formats, store it, and transmit it via third parties to mobile devices (and, optionally, web browsers, flash widgets, and other means of viewing the content that we mutually agree on).

  8. Campaigns: Dream Big Innovation may refuse, suspend, or terminate its services if, in its opinion, your communication(s)/campaign(s) is not in compliance with the current MMA Guidelines, or its equivalent as updated from time to time; (ii) violates any applicable law or regulation, or (iii) is deemed by Dream Big Innovation in its sole discretion, to present a reputational risk to its company or its partners, customers or affiliated businesses.

  9. Mobile Phone Numbers You Provide to Us:  If you provide mobile phone numbers for use by Dream Big Innovation in connection with the services that it provides to you under this Agreement or on your behalf, and either you or Dream Big Innovation send messages to those mobile numbers, you represent that:

    1. you have complied with the current MMA Guidelines, or its equivalent as updated from time to time, in the collection and use of these mobile phone numbers;

    2. Dream Big Innovation delivery of messages to these mobile phone numbers will not violate MMA Guidelines (i.e., opt-in requirements, etc.); and

    3. sending messages to those mobile phone numbers does not violate any applicable law or regulation.

  10. Service Level and Reliance on Third Parties: Dream Big Innovation's messaging platform has 99.99% uptime. However, that platform relies on multiple external suppliers to transmit messages to and from mobile phones, including 'aggregators' who intermediate between Dream Big Innovation and various mobile carriers, the mobile carriers themselves, different internet service providers; several server hosting companies, and others. Message delay or failure due to these outside parties can occur and falls under the definition of "Force Majeure" as described below.

  11. Force majeure. Excluding payment obligations, neither you nor Dream Big Innovation will be liable for delay or default in the performance of its respective obligations under these Terms if such delay or default is caused by conditions beyond its reasonable control, including, but not limited to, fire, flood, accident, earthquakes, telecommunications line failures, electrical outages, network failures, acts of God, or labor disputes (“Force Majeure event”). If Dream Big Innovation suffers such a delay or default, it will make reasonable efforts within five (5) business days to recommend a substitute transmission for the time period for the transmission. If no such substitute time period or makegood is reasonably acceptable to you, Dream Big Innovation will offer you a pro rata reduction in the monthly-fee amount owed by you the following billing cycle for the period of time that Dream Big Innovation was unable to provide you services.

  12. Service Termination. You can terminate the account at any time by sending a written cancellation request to Lojiic Support Team at support@Lojiic.com. The account is not automatically cancelled because of lack of inactivity and client is still liable for service fees until the account has been cancelled as noted above. You agree that Dream Big Innovation does not issue refunds or prorate partial billing cycle regardless of the account not being used or logged into. Once the account is cancelled, the billing cycle will close and you won't be charged again.

  13. Limitation of Liability. Under no circumstances will Dream Big Innovation, including its officers, directors, employees, and/or agents, be liable to you or any other person for any indirect, direct, special, punitive, incidental, consequential damages of any character that arise from you or any other users use of Lojiic product and/or services.

  14. Additional Indemnification: You agree to indemnify Dream Big Innovation, including its officers, directors, employees, and/or agents, and will hold it and its affiliates and subsidiaries (and the owners, directors, employees and agents of each of them) harmless against any damages, losses and expenses (including all attorneys' fees, legal costs, and disbursements) arising out of or relating to any claims, actions, and/or other proceedings that are brought by or on behalf of any third party, if those claims result from your acts or omissions in connection with Dream Big Innovation’s storage, conversion, transmission, or delivery of your Content, or from Dream Big Innovation’s authorized use of mobile phone numbers supplied by you.

  15. No Warranties. Dream Big Innovation makes no express warranty(ies) regarding its products, services or its messaging center and disclaims any implied warranty, including any warranties of merchantability or fitness for a particular purpose. Dream Big Innovation does not authorize anyone to make a warranty of any kind on its behalf and you should not relay in any such statement.

  16. DISCLAIMER. To the fullest extent permitted by law, Lojiic.com (the Site) and its contents is provided by Dream Big Innovation on an "as is" and "as available" basis and no representations or warranties (expressed or implied) of any kind are made (and they are expressly disclaimed) with respect to the Services, the Site or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, Dream Big Innovation does not represent or warrant that:
    (i) the Services will meet your requirements;
    (ii) the Services will be uninterrupted, timely, secure, or error-free;
    (iii) that there is a continuous, uninterrupted or secure access to its website;
    (iv) any results obtained from using the Services will be accurate, complete or current.
    You acknowledge and agree that the allocation of risk in these terms reflects the price paid for the services and that it is not within the control of Dream Big Innovation how or for what purposes the services are used. If any exclusion in this service is held to be invalid and Dream Big Innovation becomes liable for loss or damage that may lawfully be limited, then such liability shall be limited to the amount paid by you for the Services.  Dream Big Innovation shall have no liability to you for any loss arising from any material, data or instructions supplied whether digitally or otherwise by you or on your behalf which is incomplete, inaccurate, illegible, out of sequence or in the wrong form or arising from late arrival or non-arrival or any other fault by you or on your behalf.  Dream Big Innovation is not responsible for any delay, malfunction, non performance and/or other degradation of performance of any of the services caused by or resulting from any alteration, modification and/or amendments due to changes and specifications requested or implemented by you whether or not beyond the services already supplied. Dream Big Innovation reserves the right to raise additional charges for any work so arising. If any services are or become unavailable then Dream Big Innovation will use reasonable endeavors to repair and reinstate the service, depending on the severity of the failure. If failure is caused by you or any agent of your to whom access to Servers was given then you shall pay all costs to reinstate and/or repair the server. Where such unavailability is due to the negligent failure of Dream Big Innovation to deal with circumstances within its control and is for more than a total of 48 hours in any 30 day period then Dream Big Innovation will at its discretion either pay to you compensation limited to a refund of the fee paid by you for the unavailable services or provide you with a credit up to the same amount. Neither Dream Big Innovation nor anyone else who has been involved in the creation, production or supply of the services shall be liable to you or any other person for any loss under the Terms of this Agreement, in tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof by reason of or in connection with the Terms or the services for any: (i) economic loss of any kind whatsoever, or (ii) loss of profit, business contracts, revenues or anticipated savings, or (iii) damage to your reputation or goodwill, or (iv) loss resulting from any claim made by any third party, or (v) special, indirect or consequential loss or damage of any nature whatsoever, and you shall indemnify Dream Big Innovation from and against any claim which may be made against it in respect thereof. Some jurisdictions do not allow the exclusion or limitation of implied warranties or of liability for consequential or incidental damages and therefore the above may not apply to you. If Dream Big Innovation is prevented or delayed in or from performing any of its obligations due to circumstances beyond its control such as but not limited to governmental acts, war, riots, strikes or trade disputes (including by and with our own employees), technical failure, general availability of the Internet, power failure, communications failure, weather, flood, fire or explosion, natural or local emergency, Dream Big Innovation shall not be liable for this.

  17. Opt in Guarantee by Client. You guarantee that the phone numbers in your account are 100% opt-in, and recipients recognize the sender and expect to receive messages from you. If for any reason Dream Big Innovation suspects that the numbers may not be 100% opt-in, it reserves the right to request a written explanation from you including the method of collecting the phone numbers and a guarantee signed by you that all the people on your list agreed to receive text messages. Dream Big Innovation reserves the right to take any action it thinks appropriate in such case of suspected non-opt-in list, including but not limited to cancellation of the account.

  18. Agreement. If a suit, action, arbitration or other proceeding of any nature whatsoever is instituted in connection with any controversy arising out of this Agreement or to interpret or enforce any rights under this Agreement, the successful party is entitled to recover reasonable attorneys’ fees and costs, in addition to any other available remedy.  You acknowledge that these terms and conditions are a material part of Dream Big Innovation decision to provide Lojiic products and/or services to you.  Dream Big Innovation may amend this Agreement from time to time, at our discretion. If we make any substantial changes we will notify you by posting the changes here on these Terms and Condition pages. The provisions of this Agreement are intended to be severable. If for any reason any provision of this Agreement shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction. You agree that the laws of the State of Florida will govern this Agreement and your use of this Site. The state and federal courts of Florida, shall have exclusive jurisdiction over any litigation that may arise out of, or be related to, this Agreement. You agree to waive any objection based on forum non conveniens or any objection to venue in Florida, of any such action. If you have more questions, comments, report any violations of the Lojiic Messaging Center please send your feedback to us here ».

 

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