Addendum to Birdeye Terms & Conditions for SMS Campaigns
This addendum provides additional obligations on the use of SMS “Text Message” for Birdeye Mass Campaigns. All related terms and conditions specified in the Birdeye Terms & Conditions “Birdeye Terms” Section 8. TCPA Compliance and Section 9. Restrictions on use, still apply. Those persons or legal entities using the Birdeye, Inc. (“Birdeye”) platform or services to send SMS messages to consumers (“you”) agree to the following additional terms and conditions (“Campaign Terms & Conditions” or “Campaign Terms”):
You understand, acknowledge and agree that, for any Text Message you send through Birdeye platform or services which could reasonably be deemed a telemarketing message (as defined by the TCPA and related laws), you are responsible for obtaining the express consent of the recipient to receive such messages prior to initiating or sending any Text Message to said recipient. (Note: Birdeye considers all messages sent to recipients in a Campaign to be “telemarketing” messages for purposes of obtaining consent.)
You agree to indemnify and hold harmless Birdeye and its officers, directors, employees, contractors and agents to the fullest extent of the law, including reasonable attorneys’ fees and costs, from and against any claims by a third party that you have breached these Terms or otherwise engaged in practices not compliant with the TCPA.
These Terms are governed by the laws of the State of California without reference to any of its conflict of laws principles.
In the event of any conflict between the Birdeye Terms & Conditions and this addendum, the Campaigns Terms specified in this addendum will supersede that written within the Birdeye Terms.