Thanks for using Collygo.
Please read these Terms of Service (“Terms”) carefully. By using Collygo or signing up for an account, you’re agreeing to these Terms.
Collygo (“Collygo” or the “Service”) is a Premium SMS Value Added Service offered through the URL app.collygo.com (the “Website”) that allows you (the “Customer”) to deliver various informational services to wireless devices via SMS (“Recipients”). The Service includes the Website, all related websites and mechanisms for integration with third-party services. The Service is owned and operated by Collygo, LLC, a Virginia limited liability corporation (“Collygo”, “we”, or “us”). This Terms of Service used to be called the Terms of Use.
To the extent that Collygo processes any Customer Data, the terms of the Collygo Data Processing Agreement, which are hereby incorporated by reference, shall apply
Customer shall only use Collygo to use its services which include but not limited to SMS Gaming Service, Weather Service, Directory Assistance, and other Subscription Services. Use of Service is subject to any and all applicable federal, state and local laws and ordinances.
Collygo may suspend or terminate Service to Customer upon Customer’s breach of these Terms, or non-payment of past dues, or upon evidence of fraudulent or illegal use of the Service.
The Service is provided on an “as is” basis, and Collygo expressly disclaims all warranties of fitness for a particular purpose or as to accuracy, completeness or adequacy of service. Customer understands that it assumes the entire risk with respect to the use of the Service.
In no event shall Collygo be liable for any loss or damage whatsoever arising out of or caused by your use of or inability to use the Service. In no event shall Collygo’s entire liability with respect to the Service exceed the last 3 months fees paid by you towards the Service.
1) Customer is responsible for the actions of individuals who are affiliated with Customer and who utilize the Service.
2) Customer shall be solely responsible for ensuring the accuracy/correctness of all data and commands which it enters in the Service platform and Collygo shall have no liability for damages flowing therefrom.
3) Collygo owns and retains all rights to the Service not expressly granted to Customer. Customer acknowledges that any digital assets (Scripts or any piece of software code) made available to Customer by Collygo is Collygo’s intellectual property, and must only be used in the manner instructed by Collygo. Reverse engineering, tampering or otherwise modifying these digital assets is expressly prohibited. Customer accepts responsibility for any damages caused to Collygo or its customers because of unauthorized modification of Collygo’s digital assets.
4) Customer may cancel their account and terminate use of the Service by providing a 30 day termination notice to Collygo.
5) Miscellaneous:
a) Customer may not assign any of your rights under this agreement to anyone else. Collygo may assign our rights to any other individual or entity at our discretion.
b) Any unresolved dispute under these Terms shall be decided by arbitration conducted in Virginia, before a single arbitrator. The decision of the arbitrator shall be final and binding, and the award may be entered in any court having jurisdiction. The prevailing party in any arbitration shall be entitled to an award of its reasonable attorney’s fees and costs, in addition to any award of damages or other relief.
c) These terms shall be governed by and construed in accordance with the procedural and substantive laws of the Commonwealth of Virginia.
d) These Terms are for the benefit of the parties only.
e) Collygo may change any of the Terms by posting revised Terms of Service on our Website. Collygo shall provide prior email Notice of any material changes by sending an email. Unless you terminate your account within ten (10) days after receipt of such email, the new Terms will be effective immediately and apply to any continued or new use of Collygo. We may change the Website, the Service, or any features of the Service at any time.
f) Collygo may change the Website, the Service, or any features of the Service at any time.
g) Even if this Agreement is terminated, the following sections will continue to apply: IV, V. 5(b), (c), (d) and (g).
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