This document, referred to as the “Terms of Use,” is a binding agreement between you and Gridship LLC, the parent company of Treply. It regulates your use of Treply’s digital offerings, including our website Treply and mobile application. This Agreement encompasses the Privacy Policy, these Terms and Conditions, the Anti-Spam Policy, the Acceptable Use Policy (“AUP”), and the Treply Autopay Program Terms. Collectively, these form the complete Agreement.
1.2 Acceptance of Terms
Engaging with our website, mobile application, messaging services, or any other Treply offerings signifies your agreement to these Terms and the associated policies. Your use of the Treply Platform and Services indicates consent to all components of this Agreement. The Platform and Services are proprietary offerings of Gridship LLC, available in the United States and Canada.
Account Security
2.1 Responsibility for Account
You are responsible for maintaining the confidentiality of your login credentials and are liable for all activities under your account. Promptly notify Treply at info@treply.so in case of any unauthorized use of your account or security breach.
2.2 Account Information Accuracy
You must provide accurate, current, and complete information upon account creation and keep your account information updated. Treply reserves the right to modify usernames and terminate accounts if necessary.
Mobile Terms of Service
3.1 Message and Data Rates
When utilizing Treply’s messaging services, be aware that standard message and data rates may apply. This means that depending on your mobile plan and carrier, you might incur charges for sending and receiving messages through our platform. It’s important to understand your mobile plan or contact your carrier for details on SMS costs to avoid unexpected charges.
3.2 Opt-Out Instructions
One of Treply’s commitments is to uphold the autonomy of message recipients. As such, it is vital to inform users that they have the option to discontinue receiving messages at any time. This can be done simply by texting “STOP” to the originating number or shortcode. Upon receiving such a request, Treply will process this opt-out and confirm the unsubscription to the user. Clear communication of these opt-out procedures is not just a courtesy but a legal requirement, ensuring respect for user preferences and compliance with spam laws.
3.3 Support Keywords
To assist users in navigating our services, Treply provides a ‘HELP’ keyword. Users can text “HELP” to the originating number or shortcode to receive instructions on how to use the service effectively, as well as information on how to unsubscribe. It’s crucial for Treply to ensure that these support options are clearly communicated to all users, empowering them with knowledge about their choices and how to exercise them.
3.4 Coverage and Carrier Support
Treply prides itself on extensive messaging service coverage, made possible through collaboration with a wide range of wireless carriers across North America. Our ongoing effort to expand and improve our network means we regularly update the list of supported carriers. For the most current information on carrier compatibility and coverage areas, users are encouraged to reach out to our support team at info@treply.so. It’s part of our commitment to providing reliable and far-reaching service to all our users.
3.5 Customer Support
At Treply, we understand the importance of timely and efficient customer support. Our dedicated Customer and Technical Support team is available to assist with any inquiries or issues during regular business hours, which are from 9 am to 5 pm Eastern Standard Time, Monday through Friday. Queries received outside these hours are promptly addressed the following business day, ensuring that any concerns are resolved in a timely manner.
3.6 Adherence to CTIA Guidelines
Treply is committed to adhering to the guidelines set forth by the Cellular Telecommunications Industry Association (CTIA). These guidelines represent the industry’s best practices and standards for messaging services, emphasizing responsible and ethical communication. Compliance with these guidelines is not just a regulatory requirement but also a mark of Treply’s dedication to upholding high standards in mobile communication.
3.7 Primacy of These Terms
While Treply adheres to industry standards and guidelines, such as those outlined by the CTIA, the terms and conditions set forth in this Agreement take precedence in the event of any conflict. This clause ensures that our specific service terms, tailored to the unique features and offerings of Treply, are the guiding principles for our operations and user interactions.
3.8 User Conduct and Restrictions
To maintain the integrity and security of Treply’s services, users are prohibited from engaging in certain activities. These include attempts to reverse engineer any part of the Platform or Services, unauthorized alterations of content, or any other actions that contravene the terms of this Agreement. Such restrictions are in place to protect both the users and the platform from harmful or illicit activities, ensuring a safe and compliant environment for everyone.
3.9 External Sites
Treply’s Platform may contain links to external websites. It is important for users to understand that Treply does not control and is not responsible for the content, policies, or practices of these external sites. Interaction with these sites is at the user’s own risk and subject to the terms and conditions of those sites. Treply advises users to exercise caution and review the terms and privacy policies of any external sites before engaging with them.
4.1 Campaign Management and Content Review
Treply reserves the right to oversee and manage the content of campaigns conducted through our platform. This includes the authority to refuse, suspend, or terminate any communications, campaigns, or text programs that are not aligned with current regulatory standards. Such standards encompass the CTIA Guidelines, the Telephone Consumer Protection Act of 1991 and its regulations, Canadian Wireless Telecommunications Association guidelines, cellular carrier guidelines, and this Agreement. This oversight ensures that all campaigns are conducted responsibly and in compliance with relevant laws and industry best practices, thus protecting both the users and Treply from potential legal issues.
4.2 Campaign Representations and Compliance
When you provide mobile phone numbers for use with Treply’s services, you are making crucial representations. Firstly, you affirm compliance with all relevant guidelines, including those established by regulatory bodies and Treply itself. Secondly, you assure that Treply’s transmission or delivery of messages to these numbers will not result in any violations of these guidelines. This emphasizes the importance of ethical and lawful use of messaging services, ensuring that campaigns respect privacy and consent principles.
4.3 Commencement of Services and Payment Terms
The commencement of services is marked by your initial access to the Treply Platform, signifying the start of your payment obligations. This access is considered a proof of performance by Treply, indicating that the services are being rendered as agreed upon. It’s crucial for users to understand that service charges become applicable from this point forward, in accordance with the agreed payment terms.
4.4 Service Level Agreement and Third-Party Dependencies
Treply is dedicated to providing a high level of service uptime, aiming for 99.9% availability, excluding periods of planned maintenance, emergency downtime, and unforeseen circumstances categorized as Force Majeure Events. This commitment reflects our understanding of the importance of reliable service in today’s fast-paced digital environment. However, it’s important to note that certain aspects of service delivery depend on third-party providers, and as such, there might be elements outside of Treply’s direct control.
4.5 Campaign Modifications and User Responsibility
As a user of Treply, you are responsible for ensuring that all campaign content is compliant with the stipulated guidelines and policies. This includes being responsive to any necessary modifications or adjustments as directed by Treply. In the dynamic context of digital communication, staying abreast of evolving standards and adapting campaigns accordingly is essential for maintaining compliance and effectiveness.
4.6 Transparency and Accountability in Campaign Execution
Transparency in how campaigns are executed and accountability for their content are fundamental aspects of using Treply’s services. Users must ensure that campaigns are carried out in a manner that is consistent with ethical standards and regulatory requirements. This involves clear communication, respect for recipient preferences, and adherence to privacy norms.
4.7 Maintaining Integrity and Trust in Messaging Campaigns
The integrity and trustworthiness of messaging campaigns are paramount. Users are expected to maintain high standards in their messaging content, avoiding any actions that could mislead recipients or misrepresent the nature of the communication. Treply’s oversight in this area serves to uphold these standards, fostering a trustworthy and respectful messaging environment.
5.1 Scope of Professional Services
Treply offers a range of Professional Services designed to enhance your experience with our platform. These services may include configuration, training, workflow consulting, installation, and implementation support tailored to your specific needs. The exact nature of these services, along with their scope and limitations, will be detailed in a Statement of Work (SOW) provided to you. This approach ensures that the services you receive are well-defined and aligned with your specific requirements and expectations.
5.2 Intellectual Property Rights and Ownership
In the course of providing Professional Services, Treply acknowledges the importance of intellectual property rights. The agreement stipulates that neither party gains ownership rights in the other’s pre-existing intellectual property. Any new intellectual property developed by Treply during the provision of these services will remain the property of Treply. However, upon full payment for the services rendered, you will receive a license to use any deliverables provided by Treply, as long as they do not include Treply’s pre-existing intellectual property. This arrangement ensures a fair and clear understanding of intellectual property rights and usage post-engagement.
5.3 Financial Terms: Fees, Expenses, and Taxes
The financial terms governing Professional Services are an essential aspect of the agreement. Fees for services are due in U.S. dollars, and Treply may suspend services in cases of delayed payments. The agreement also covers the reimbursement of reasonable expenses incurred by Treply, along with applicable taxes. This section highlights the importance of timely and accurate financial transactions to ensure smooth and uninterrupted service delivery.
5.4 Service Policies and Extra Charges
Professional Services are provided on various bases, such as time and materials or fixed fee, as described in the SOW or Order Form. Specific policies govern working hours, travel expenses, and cancellation terms. For instance, hours worked beyond the standard business day or on weekends may be subject to additional charges. This policy aims to compensate for extra efforts and inconvenience associated with such circumstances.
5.5 Changes, Amendments, and Termination
The dynamic nature of Professional Services often requires flexibility. Changes to an SOW must be captured in a revised or new document. The agreement allows for the termination of an SOW by either party, given appropriate notice. This flexibility is crucial to accommodate changing business needs and circumstances, allowing for adjustments or discontinuation of services as required.
5.6 Client Cooperation and Resource Provision
Successful completion of Professional Services relies on your active cooperation. You are responsible for providing necessary personnel, information, data, and other resources as required by Treply. This collaboration is vital to ensure that the services provided are effective and meet the intended objectives.
5.7 Service Quality and Warranty
Treply commits to performing Professional Services in a professional and competent manner. In the event of any breach of this service quality warranty, Treply’s liability is limited to re-performing the non-conforming services. This warranty underlines Treply’s commitment to service excellence and provides a recourse for addressing any service-related concerns.
6.1 Definition and Scope
“Force Majeure” refers to any event or condition not existing as of the date of signing the Agreement, not reasonably foreseeable as of such date, and not reasonably within the control of either party, which prevents, in whole or in part, the performance by one of the parties of its obligations under this Agreement. This includes, but is not limited to, acts of God, natural disasters like earthquakes, floods, and hurricanes, wars, civil disturbances, acts of terrorism, strikes, labor disputes, and government actions. Neither Treply nor the user will be held liable for any delay or failure in performance under the Terms of Service to the extent such delay or failure is caused by a Force Majeure event.
6.2 Notification and Mitigation
In the event of a Force Majeure, the affected party must promptly notify the other, detailing the nature of the event, its anticipated duration, and any actions being taken to avoid or minimize its impact. The affected party will use all reasonable efforts to mitigate the effects of the Force Majeure event and resume the performance of its obligations as soon as possible.
6.3 Adjustment of Services
During the period of a Force Majeure event, Treply will endeavor to provide alternative solutions or services to the affected user, to the extent possible. If alternative arrangements are not feasible, Treply may offer a prorated adjustment or credit for any service commitments that cannot be fulfilled.
6.4 Right to Terminate
If a Force Majeure event continues for a substantial duration (as defined in the Agreement or, if not defined, for a period exceeding 30 days), either Treply or the user may choose to terminate the affected services without any penalty. In such a case, the user may be entitled to a prorated refund for any prepaid services not rendered due to the Force Majeure event.
6.5 Exclusions
It is important to note that Force Majeure does not excuse either party’s obligation to make timely payments under the terms of the Agreement. Financial hardships or changes in market conditions, not resulting from an external Force Majeure event, do not constitute grounds for claiming relief under this clause.
7.1 Privacy Policy Compliance
In our commitment to protect personal data and privacy, Treply adheres to a robust Privacy Policy, which outlines our practices for data collection, storage, processing, and sharing. As a user, it’s essential to understand that your engagement with Treply’s services implies consent to our data handling as detailed in the Privacy Policy. The policy is designed to be in compliance with applicable laws and regulations concerning data protection and privacy.
7.2 Role as Data Processor
In our capacity as a service provider, Treply processes personal data on behalf of our users. We act under the direction of our users when it comes to handling personal data of their message recipients. This includes but is not limited to, storage, retrieval, and dissemination of contact information used in messaging campaigns. Users are responsible for ensuring that the collection and provision of such data to Treply comply with relevant data protection laws, including the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and other regional and international regulations.
7.3 Confidential Information Protection
Confidentiality is paramount in our relationship with users. “Confidential Information” encompasses any proprietary data, trade secrets, or sensitive information disclosed during the use of Treply’s services. Both Treply and the user agree to safeguard and prevent the unauthorized disclosure of each other’s Confidential Information. This obligation includes taking reasonable measures to prevent accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to personal data transmitted, stored, or otherwise processed.
7.4 Disclosure and Use Limitations
Treply commits to not using any user’s Confidential Information for any purpose outside the scope of the agreement. Similarly, users are expected to respect and maintain the confidentiality of any sensitive information related to Treply’s operations, business processes, or technical architecture. The sharing of such information is strictly limited to scenarios where it is necessary for the provision or improvement of services, or where legally mandated by competent authorities.
7.5 Reporting and Cooperation in Data Breaches
In the unlikely event of a data breach, Treply will promptly inform affected users and cooperate in mitigating any potential harm. Users are also expected to report any data breaches concerning data shared with Treply and collaborate in implementing remedial actions.
7.6 Data Subject Rights
Treply acknowledges and supports the rights of data subjects under data protection laws. This includes assisting users in responding to data subject requests for accessing, correcting, deleting, or transferring personal data as per applicable legal requirements.
This section emphasizes Treply’s dedication to maintaining the privacy and confidentiality of user data, in alignment with legal standards and best practices in data protection.
8.1 Pricing Adjustments
Treply actively manages its pricing structure to remain competitive and responsive to market trends and operational costs. The company reserves the right to make adjustments to the pricing of its services. Any such changes are thoughtfully considered and are implemented in the subsequent renewal term, ensuring transparency and giving users adequate notice. This approach allows for a balanced and fair pricing strategy that aligns with the evolving needs of Treply’s user base and market dynamics.
8.2 Payment Terms
Treply’s financial policy typically requires payments for services to be made in advance. This approach facilitates smoother operation and service delivery. The payment terms are clearly outlined to provide users with a thorough understanding of their financial commitments. This includes detailed information on the timing of payments, the process for handling late payments, and any potential consequences of delayed payments. By setting clear expectations around financial transactions, Treply aims to maintain a transparent and trustworthy relationship with its users.
8.3 Acceptance of Subscriptions
The process of subscribing to Treply’s services involves a thorough review and acceptance procedure. This step ensures that the services offered align with the needs and expectations of the users. Once a user decides to subscribe, Treply evaluates and confirms the subscription, formalizing the user’s enrollment in the chosen service plan. This process underscores Treply’s commitment to providing personalized and suitable solutions to its users, enhancing user satisfaction and service efficiency.
8.4 Auto-Payment Terms
For users who opt for convenience, Treply offers an automatic payment option. This system is governed by specific terms that are detailed in the relevant agreement. The auto-payment feature is designed to streamline the payment process, ensuring timely and hassle-free transactions. Users who choose this method can rest assured that their payments will be managed securely and efficiently, in accordance with the stipulated terms of the agreement. This feature underscores Treply’s commitment to offering flexible and user-friendly payment options.
8.5 Overview of Treply Pricing Plans
Treply offers a variety of pricing plans to suit the needs of businesses using its SMS marketing platform. These plans are designed to be transparent, affordable, and free of hidden fees.
8.6 Pricing Plans
8.6.1 Tickle Plan
Price: $49.99/month per user
Includes: 1,000 SMS Credits per month
Additional SMS Credits: $0.03 per SMS
Features:
Free incoming texts
Rollover of unused credits
One phone number per user
No platform fee
Unlimited contacts
Campaign scheduler
Survey builder
8.6.2 Turbo Plan
Price: $99.99/month per user
Includes: 5,000 SMS Credits per month
Features: Same as Tickle Plan, with increased SMS credits
8.6.3 Booster Plan
Price: $199.99/month per user
Includes: 10,000 SMS Credits per month
Features: Same as Tickle Plan, with the highest allotment of SMS credits
8.7 Additional Information
All plans include free incoming texts and rollover of unused credits.
Each user gets one phone number per plan.
The pricing structure caters to various levels of SMS marketing needs, from smaller campaigns to extensive messaging strategies.
9.1 External Sites
Treply’s Platform includes links to external websites, offering additional resources or information for users. However, Treply does not exercise control over these external sites and therefore is not responsible for their content or practices. These links are provided for user convenience and their inclusion does not imply endorsement by Treply. Users are advised to exercise caution and review the privacy policies and terms of use of these external sites, as their standards and practices may differ from those of Treply.
10.1 Updates to Terms
Treply is committed to evolving and improving its services, which includes regular updates to its terms and policies. Treply reserves the right to modify these terms, ensuring they remain relevant and aligned with legal requirements, industry standards, and user needs. All changes will be communicated effectively through the platform or direct communication channels to keep users informed and up-to-date. Users are encouraged to periodically review the terms to stay informed about any changes that may affect their use of Treply’s services.
10.2 Contact and Queries
For any questions, clarifications, or feedback regarding these terms, users are encouraged to reach out to Treply’s dedicated support team. Queries can be directed to info@treply.so. Treply is committed to maintaining open lines of communication with its users and welcomes inquiries to ensure clarity and understanding of its terms, policies, and services.
11.1 Agreement Acceptance
By using Treply’s services, users are confirming their acknowledgment and agreement to these comprehensive terms and conditions. This acceptance signifies a user’s understanding and consent to abide by the guidelines and policies set forth by Treply, ensuring a mutual understanding and smooth collaboration between the user and the platform.
11.2 Waivers and Severability
This section addresses the legal nuances of waivers and the severability of terms within the agreement. It outlines how waivers must be explicitly communicated in writing and how the unenforceability or invalidity of one part of this Agreement does not affect the validity and enforceability of the rest.
11.3 Age Requirement and Relationship of Parties
Treply’s services are designed for individuals who are over the age of 18 or have reached the age of majority in their jurisdiction. This section also clarifies that the relationship between Treply and its users is strictly that of independent contractors, ensuring no misunderstanding regarding the nature of their interaction.
11.4 Entire Agreement
This Agreement encapsulates the complete understanding between you and Treply, superseding all prior communications, agreements, and understandings. It represents the entire and exclusive terms of service for users of Treply.
11.5 Program Integrity and Taxation
The Refer-A-Friend Program and its components, including the integrity of the program and the taxation obligations of participants, are comprehensively covered in this section, ensuring transparency and understanding of the program’s operations and the user’s responsibilities.
11.6 Marketing Compliance and Prohibitions
Users are reminded of their responsibility to ensure that all marketing activities related to Treply’s services comply with applicable laws, regulations, and guidelines, including those for ethical marketing practices.
11.7 Program Changes
Treply reserves the right to modify or terminate the Refer-A-Friend Program at its discretion. This ensures the program remains aligned with Treply’s strategic goals and market conditions.
11.8 Miscellaneous
This section consolidates various miscellaneous provisions, addressing topics such as the assignment of the Agreement, waiver conditions, the severability of terms, associated costs, and the holistic nature of the Agreement.
By using Treply’s services, your engagement signifies acknowledgment and agreement to these terms, governing your interaction and use of the platform. For any permissions or inquiries related to these terms or Treply’s services, please contact us at info@treply.so.