Terms

 

Introduction

Welcome to ameniti.com. If you continue to use this website and our services, you agree to abide by the following Terms of use, which together with our Privacy policy and Cookie Policy govern Ameniti’s relationship with you in relation to this website and our services. If you disagree with these Terms, please do not use our website or Services.

About Us

This website (ameniti.com) and our digital services are owned and operated by Ameniti, a US corporation with Registered Address 433 Broadway, New York, NY 10013, United States of America

Ameniti was created to provide all-channel automation services for business. We offer a variety of communications and operations solutions, powered by artificial intelligence. Ameniti provides the Services only to legal entities other than a natural person; e.g. the Services are provided to companies only.

Terms of Service

These Terms are effective March 1, 2021,  and completely replace the prior version available here.

These Terms apply to all who access or use Ameniti’s websites (“Site”), offerings, and services (collectively, “Services”). 

We reserve the right to change these Terms from time to time. Any revised Terms will replace prior versions and will be posted on this website. Unless indicated otherwise, they will be effective from the date listed at the top of this clause. You acknowledge your responsibility to review our Terms from time to time and to be aware of any such changes. By continuing to use any of Ameniti’s Services after we post any such changes, you accept the revised Terms.

Please read these Terms carefully before accessing or using our Services. 

The Parties

In this Agreement, “we,” “us,” or “our” refers to Ameniti. “You,” “your,” and “Client” refers to you personally, unless you are accessing or using our Services on behalf of an organization that does not have an existing contract with Ameniti. If the latter is the case, you are accepting the Terms on behalf of that organization and confirming that you are an authorized representative acting on their behalf and have full capacity and authorization to bind the organization to these Terms; as such, “you,” “your,” and “Client” will refer to the organization. If the organization already has a separate contract with Ameniti that covers your access to and use of our Services, however, the contract will govern, as opposed to these Terms.

In this Agreement, an Affiliate is an organization, business or person that is controlled by a Party, controls a Party, or is under common control with a Party (for example, a subsidiary, parent company, or an employee). Each Party to this Agreement is responsible for the acts and omissions of their Affiliates in connection with this Agreement.

About Our Services

Ameniti provides, and always strives to improve, ways for you to communicate with your clients/partners about your services, including through messages, chat and voice calls, as well as location sharing when you choose. We provide a convenient platform that allows you to make payments, request services, and ask for information from our clients and partners across our platform. Ameniti works with partners, service providers, and affiliated companies to help us provide ways for you to connect with their services.

The Services allow you to send and receive individual and mass SMS text messages, including push notifications, alerts, reminders, confirmations, automated answers, marketing messages and use e-mail to SMS service. The Services are provided via a web-based interface or text messaging mobile applications. Additionally, Ameniti provides software maintenance, upgrades and customer support that enable you to send SMS text messages to recipients designated by you.

You understand and agree that the Services are provided to you on an “as-is” basis and that Ameniti assumes no responsibility for the punctuality, deletion, non-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access and subsequent usage may involve third party fees (such as carrier or Internet access to use the Service).

To operate our Services, we need to store and distribute information in data centers and systems around the world, including outside your country of residence. The use of this infrastructure is necessary and essential to provide our Services and is governed by our Privacy policy. This infrastructure may be owned or operated by our service providers, including affiliated companies.

NO ACCESS TO EMERGENCY SERVICES: Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals. You should ensure you can contact your relevant emergency services providers through a mobile phone, a fixed-line telephone, or other service.

Privacy And Security Principles. Ameniti’s services were built with strong privacy and security principles in mind.

Improving Our Services. We analyze how you make use of Ameniti, in order to improve our Services, including helping businesses who use Ameniti measure the effectiveness and distribution of their services. Ameniti uses the information it has and works with partners, service providers, and affiliated companies to do this.

Use of the Services

Ameniti’s Services are designed for commercial use and provided to companies only; it is not designed or provided for individual or personal use.

When using our Services, whether paid or as a free trial, Clients register through their authorized representatives. Upon filling in and verifying the Services registration form, the authorized representatives confirm that they are acting as authorized representatives of the Client and that the contact information submitted constitutes company contact details of the represented Client.

You must register for our Services using accurate information, including name, email address, company name and password, and update changes to your information on our website in a timely manner. You agree to receive messages and voice calls (from us or our partners) with codes to register for our Services.

You understand that by creating an account on ameniti.com, you give consent and confirm acknowledgment of the terms of processing of personal data as stipulated in the Privacy policy.

We reserve the right to limit your access to our Services until we are able to verify your account information, like your email address, and to decline or refuse access to the Services at any time and for any reason, including, but not limited to, in case of breach of these Terms.

It is your sole responsibility to ensure that your use of the Services complies with all applicable laws. Ameniti will not be responsible and/or liable in the event of your non-compliance.

You confirm and guarantee that the owners of the phone numbers you initiate messages or broadcasts to through Ameniti’s Texting Services have consented or otherwise opted in to the receipt of such messages and broadcasts as required by any applicable law or regulation. You are obliged to inform Ameniti immediately of the withdrawal of the consent or the expiry of legal grounds for processing of personal data submitted to Ameniti.

You agree that you will include clear opt-out/unsubscribe information in your messages or broadcasts when required to do so by any applicable law or regulation, and that any individuals requesting Do-Not-Call (“DNC”) status shall be immediately placed on your DNC accounts list and that you will not initiate any further messages to any individuals after they request DNC status.

When using our Services for direct marketing, you are responsible for complying with all the legal requirements in connection with direct marketing and the data subjects’ rights. Ameniti provides the platform for sending messages, but you are solely responsible for the content of your messages sent on the platform. You understand that there are different legal rules for direct marketing in different countries. When you use the Services for direct marketing, you must comply with all requirements for direct marketing of the country where the receiver of the direct marketing message is residing. For instance, in EEA countries and the UK, you must give the recipient the chance to opt out in every message and it must be simple to opt out, e.g. “Text STOP to 1234 to opt out.” The only cost should be the cost of sending the message. 

When you create an account/register on ameniti.com, we consider that to be an inquiry about our products and services, which means that we may also contact you to share more details about what we have to offer (i.e., marketing). Don’t worry — if you are not interested, you can opt out of marketing communications of all types, at any time.

We may need to send you emails about notable updates (like changes to our Terms or Privacy policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed decisions on how to respond.

You are solely responsible and liable for all activity under your account. You are also fully responsible for maintaining the security of your account (which includes keeping your password secure). We are not liable for any acts or omissions by you, including damages of any kind incurred as a result of your acts or omissions.

Do not share or misuse your access credentials. Notify us immediately of any unauthorized uses of your account or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

If you would like to learn about how we handle the data you provide us, please see our Privacy policy.

Prohibited Use of Our Services.  

You accept that our Services are provided for professional use only, and you agree that your use of our Services shall not include:

  • Sending unwanted messages such as spam, fraud and abuse;

  • Failing to comply with applicable privacy, marketing and communications laws such as, for example, the CAN-SPAM Act of 2003, the TCPA Act of 1991, PECR of 2003 and the ePrivacy Directive of 2002;

  • Sending commercial messages without the required consent and clear opt-out information;

  • Collecting personal information about others without their consent;

  • Engage in illegal, fraudulent, misleading or deceptive business practices;

  • Misrepresent your identity, impersonate someone, or provide contact details that do not belong to you;

  • Sending harmful messages, including to minors, in any way;

  • Transmitting, associating, or publishing material that is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, libelous, racially or ethnically offensive, or that instigate or encourage illegal or inappropriate conduct, such as promoting violent crimes, endangering or exploiting children or others, or coordinating harm, or that is intended to deceive;

  • Transmitting any material that may infringe upon the intellectual property rights of third parties, including trademarks, copyrights, and right of publicity;

  • Sending messages that contain any type of malware or other harmful or deleterious programs;

  • Interfering with, or disrupting, networks connected to the Services or violating the regulations or terms of use of such networks.

We work to protect the safety, security, and integrity of our Services and to prohibit misuse of our Services, including harmful conduct towards others and violations of our Terms and Policies. This includes appropriately dealing with abusive users and violations of our Terms. If we learn of users or activity like this, we will take appropriate action. This may include removal of such users or activities, and notifying law enforcement as we deem necessary.

Fees And Taxes. 

You are responsible for all carrier data plans, Internet fees, and other fees and taxes associated with your use of our Services

Disclaimer

  1. You use our Services at your own risk and subject to the following disclaimers. We are providing our Services on an “as-is” basis. 

  2. The content of this Site is for your general information and use only. It is not intended as advice on which you should rely without professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site. Content on our Site is subject to change without notice. 

  3. Although we make reasonable efforts to update the information on our Site, neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and content found or offered on this Site. We are under no obligation to update out of date information and content. You acknowledge that such information and content may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.

  4. We reserve the right to withdraw or amend our Site without notice. We will not be liable if for any reason our Site is unavailable at any time or for any period.

  5. We reserve the right to expand, add, discontinue, or remove our Services, features and functionalities at any time.

  6. Service interruptions may happen for a variety of reasons, including maintenance, repairs, upgrades, or network or equipment failures and events beyond our control, such as natural disasters and other force majeure events.

  7. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer, devices, computer programs, data or other proprietary material due to your use of our Site or Services, or to your downloading of any material posted on our Site, on any Site linked to it, or received by messages via our Services.

  8. Your use of any information or materials on this Site and our Services is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through our Site and Services meet your specific requirements.

Privacy Policy

  1. This Site uses cookies to monitor browsing preferences and improve your experience. If you do allow cookies to be used, please read our Cookie Policy for information on the personal information that may be stored by us for use by us or third parties.

  2. We process information about you in accordance with our Privacy policy. By using our Site, you consent to such processing and you warrant that all data provided by you is accurate.

Intellectual Property Rights and Use of Content

  1. This Site contains material (“Content”) which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, images and graphics of this Site. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these Terms.

  2. All trademarks reproduced on this Site, which are not the property of, or licensed to, Ameniti, are acknowledged on the Site.

  3. Copyright Notice: The content of this Site is the copyright of Ameniti or of individual contributors and may be subject to other intellectual property rights. Ameniti.com copyright must remain on all reproductions of material or content downloaded from this Site.

  4. You may not copy, modify, reproduce, retransmit or otherwise make the material available to any other party or on any Site or online service of your own, or of any other party, or make the same available in hardcopy or on any other media, without the express written permission of Ameniti. 

  5. You may only link to the Site for the purpose of directing other users to the Site. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site that is not owned by you. You must remove any link to the Site immediately on request from Ameniti.

Links to Third Parties

  1. This website includes links to other websites/third parties. These links are provided for your convenience and to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s).

Online Purchases and Payments 

  1. This contract is between you and Ameniti. Nobody else has any rights under or in respect of these Terms.

  2. We take all reasonable care to ensure that all details, descriptions and prices of products on our website are correct at the time when the information was entered onto the system. We reserve the right to refuse orders where product information has been mis-published, including prices. We may change the price of items at any time, but you will be asked to pay the price displayed on the website when you place your order. 

  3. All prices displayed on our website are in US Dollars, and inclusive of Sales Tax.

  4. We shall not be responsible to you for any delays in the delivery of items that are caused by events outside of our control. However, we will contact you as soon as possible to notify you of any such events, and we will try to minimize the effects of any delay. 

  5. For orders placed via our website, we accept payment via PayPal. All card payments are subject to authorization by your card issuer. 

  6. When you purchase items online from Ameniti, all information sent during the purchase process is encrypted. Although Ameniti’s website uses encryption security software, the security of information and payments transmitted via the internet cannot be guaranteed. Any loss incurred or sustained by you when transmitting information by means of email or other internet links shall be borne solely and exclusively by you and in no event shall any such loss in whole or in part be borne by Ameniti or its agents.

  7. When you place an order, we will send you an acknowledgement email confirming the details of your order. This email will state the method of payment used (for example, credit card). However, it will not include the card details you have supplied for security reasons.

Jurisdiction and Applicable Law

  1. Unauthorized use of this Site or our Services may give rise to a claim for damages and/or be a criminal offense.

  2. Your use of this Site or our Services, and any dispute arising out of such use, is subject to the laws of  Delaware, United States of America.

  3. These terms are governed by the laws of Delaware, United States of America, and the US courts shall have exclusive jurisdiction in all disputes arising out of these Terms and any product(s) or service(s) ordered from this Site.

  4. If a court finds any part of these Terms unlawful or unenforceable for any reason, this shall not affect the rest of the terms which will remain valid and enforceable.

Updates

We keep our Terms under regular review, and we will place any updates on this page. You should check this page from time to time to ensure that you are happy with any changes. Last updated: March 1, 2021.

Contact

If you have any concerns about material which appears on our website, please contact contact@ameniti.com.