WhatsUp Gold SMS Acceptable Use Policy

Progress SMS Acceptable Use Policy

This Acceptable Use Policy (this “AUP”) describes the use of SMS notifications and any Progress Software Corporation (“Progress”) products and services accessible through or used in connection with SMS notifications (collectively the “Service Offerings”). The requirements described in this AUP are not exhaustive and you must comply with all applicable laws and regulations related to the Service Offerings. We may modify this AUP at any time by posting a revised version on https://www.progress.com/legal . By using the Service Offerings, you agree to the latest version of this AUP.

Terms such as “SMS notifications”, “text alerts” and “text messages” may be used interchangeably in other published information about the Service Offerings. All references to these and similar terms will be considered within the scope of Service Offerings and this AUP.

1. Consent: You represent and warrant to Progress that you are the current wireless service plan subscriber and/or an authorized user of the mobile phone number(s) that you sign up to receive SMS notifications, or you have been granted consent by the wireless service plan subscriber and/or authorized user of the mobile phone number(s) to enable the mobile phone number(s) to receive SMS notifications. You are not required to consent to receive text messages to purchase any product or service from Progress. Any personal data you provide will be subject to the Progress Privacy Policy .

Furthermore, by agreeing to receive text messages, you: (i) grant Progress express permission (without qualification) to respond to your cancellation request (whether that request came through Progress WhatsUp Gold 360 or by texting STOP) with a confirmation of cancellation text message that will confirm receipt of your cancellation request; (ii) acknowledge that Progress will reasonably attempt to send you the confirmation of cancellation text message in a timely manner; and (iii) give your consent to Progress to use automated telephone equipment to deliver automated text messages to the phone number(s) to which you have directed Progress to send these text messages.

2. Revocation and Opt-Out: If revoking your consent by texting STOP to the text message you have received, your text response should contain only the word STOP without any additional words, spaces or characters either before or after the word STOP. Progress will use reasonable efforts to comply with other text communications sent in which you indicate a clear and unmistakable intent to revoke your prior permission; however, you acknowledge and understand that unless you reply only with the word STOP, your intent to revoke your prior express permission may not be effective.

3. Do Not Call List: By granting your consent to Progress, you are hereby requesting to receive text messages in spite of the fact that your mobile phone number(s) may otherwise be on the federal, or a state's, Do Not Call List and you agree that, to the maximum extent permitted by law, your request overrides any prior Do Not Call request for or related to the Service Offerings.

4. Message and Data Rates: Message and data rates may apply. Progress does not charge a fee for text messages, but mobile phone carrier charges may apply. Check with your wireless phone carrier for your plan details. By providing your phone number to Progress, you approve any such charges from your mobile carrier.

5. Message frequency: The frequency of notifications sent will vary depending on various factors, including your application settings, the rate of incident occurrence, incident response and incident resolution. Users may receive multiple notifications per incident.

6. Monitoring and Enforcement:Progress reserves the right, but does not assume the obligation, to investigate any violation of this AUP or misuse of the Service Offerings and may remove, disable access to, or modify any content that violates this AUP, and suspend or terminate your use of the Service Offerings if you violate the AUP or authorize or help others to do so.

Progress may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties, and cooperate with such parties by providing appropriate customer, network and systems information related to alleged violations of this AUP. If you become aware of any violation of this AUP, you will immediately notify us and provide us with assistance, as requested, to stop or remedy the violation.

7. Service Providers: Progress relies on service providers including common carriers to deliver text messages. Notifications may be delayed or blocked based on the applicable terms and policies of these service providers or carriers. Progress and its service providers or carriers are not liable for delayed or undelivered messages.

8. No warranties: Progress makes no representations or warranties whatsoever regarding text messages and disclaims all warranties, including any implied representations or warranties of merchantability or fitness for a particular purpose.

9. Indemnity; Limitation of Liability: To the maximum extent permitted by applicable law, you hereby expressly agree: (i) to indemnify, defend and hold harmless Progress, its directors, officers, employees, agents, representatives, service providers and affiliates (“Indemnified Parties”) from and against any and all claims, lawsuits, damages, and liabilities (including reasonable attorneys' fees) arising from your use of the Service Offerings and the sending or receipt of any SMS notifications; and (ii) that Progress and Indemnified Parties shall not be liable for any direct, indirect, consequential, special, incidental, punitive or any other damages, even if Progress has been advised of the possibility of such damage or loss, arising or resulting from or in any way relating to your use of the Service Offerings.

10. Governing law: This AUP is governed by the laws of the Commonwealth of Massachusetts, U.S.A., without regard to the conflict of laws principles thereof. If any dispute, controversy, or claim cannot be resolved by a good-faith discussion between the parties, then it will be submitted for resolution to a state or federal court in Boston, Massachusetts, USA, and the parties hereby irrevocably and unconditionally agree to submit to the exclusive jurisdiction and venue of such court.

11. Service Offerings Terms and Conditions: You agree that for all matters not explicitly addressed herein, including general terms applicable to the Service Offerings, the applicable Progress End User License Agreement shall apply and is incorporated herein by reference, and you hereby reaffirm your agreement to that End User License Agreement.