Alyrt Text Marketing - Mobile Terms of Service / Privacy Policy

CONSUMER OPT-IN

Alyrt Text Marketing - The Program allows consumers to opt-in and receive text and picture messaging alerts (recurring message frequency may vary based on the campaign you've opted into - message & data rates may apply) that include alerts, information, offers, and rewards by users affirmatively opting into the Program, such as through confirming your opt-in by replying to an opt-in confirmation message or entering your phone number on a digital kiosk or web form.

The mobile messaging service used by Company to communicate with you is TCPA-compliant and requires human intervention for Company's mobile messages to be initiated, and does NOT have the capacity to randomly or sequentially generate telephone numbers. Thus, Company's mobile messages are NOT sent to you by an automatic telephone dialing system ("ATDS" or "autodialer"). Nevertheless, by participating in the Program, you agree to receive autodialed marketing mobile messages and you understand that consent is not required to make any purchase from Company.

For standard-rate alerts, end users will opt-in by texting the keyword shown on the advertisement to the MESSAGING CODE listed. You will not receive any unsolicited messages from our messaging codes. Your phone number will NOT be shared with any third parties for marketing purposes.

By opting into the Program, you explicitly acknowledge and agree that: (1) messages may arrive from a short code or non-voice-capable messaging identifier; (2) such codes do not natively accept inbound voice telephone calls; and (3) you consent to receive marketing and informational messages via this short code format.

To receive information about the service from your cellular phone, you can send HELP to the MESSAGING CODE. For any voice inquiries, customer service, or to contact the company via a voice telephone call, you must call our dedicated customer service line at 812-618-9498 or email us at info@vivabove.com.

CONSUMER OPT-OUT
To Opt-Out (discontinue service), text "STOP" to the MESSAGING CODE from your mobile device. You will not receive any additional messages other than a message to confirm you've opted out. You may also Opt-out by texting "QUIT", "END", "CANCEL", "UNSUBSCRIBE", or "STOP ALL" to any text message you receive.

HELP
To get help, you may send or reply 'HELP' to the MESSAGING CODE you received the message from..
Email: info@vivabove.com
Phone: 812-618-9498

Message and data rates may also apply according to your specific cellular plan or prepaid conditions.

CONSUMER PRIVACY
We will not share or use your mobile number for any other purpose.

CONSUMER FEES
Our service never charges consumers to 'receive' or 'reply to' text messages. However, depending on your mobile service plan, message & dates rates may apply.

SUPPORTED CARRIERS - US
Alltel, AT&T, Boost Mobile, CellCom, Cellular One, Cellular South, Cincinnati bell, Cricket, MetroPCS, nTelos, Sprint, T-Mobile, U.S. Cellular, Verizon Wireless, & Virgin Mobile

SUPPORTED CARRIERS - CANADA
Aliant Mobility, Bell Mobility, Fido, Mobilicity, Public Mobile, Rogers Wireless, Sasktel Mobility, Telebec Mobilite, Telus Mobility, Videotron, Virgin Mobile Canada, Wind Mobile

DISALLOWED CONTENT
The following content categories are considered deceitful and nuisance campaigns which may result in high volumes of SPAM complaints on the carrier networks. Due to these issues, we do NOT support any campaign under the following categories, regardless of any prior approval.

High-Risk Financial
- Payday Loans
- Non-Direct Lenders
- Debt Collection 		Debt Forgiveness
- Debt Consolidation
- Debt Reduction
- Credit Repair Programs
Illegal Substances
- Cannabis, CBD
- Illegal Prescriptions 		Work & Investment Opportunities
- Work from Home Programs
- Job Alerts from 3rd party Recruiting Firms
- Risk Investment Opportunities
Other
- Gambling
- Any other illegal content
- Lead generation indicating the sharing of collected information with third parties
- Campaign types not in compliance iwth the recommensations or prohibited by the CTIA MESSAGING CODE Monitoring Handbook, Version 1.7 or later.
- Campaign types not in compliance with the recommendations of or prohibited by the CTIA Messaging Principles and Best Practices – 2019 version

* The wireless carriers are not liable for delayed or undelivered messages

WARRANTY
Alyrt Text Marketing will not be liable for any delays in the receipt of any SMS messages connected with this program. Delivery of SMS messages is subject to effective transmission from your wireless service provider/network operator.

PRIVACY POLICY
Alyrt Text Marketing respects your privacy. We will only use information you provide as it relates to messages you receive from us. We will not sell your personal information or share it with any 3rd parties. Nonetheless, we reserve the right at all times to disclose any information as necessary to satisfy any law, regulation or governmental request, to avoid liability, or to protect our rights or property. When you complete forms online or otherwise provide us information in connection with the Service, you agree to provide accurate, complete, and true information. You agree not to use a false or misleading name or a name that you are not authorized to use. If we, in our sole discretion, believe that any such information is untrue, inaccurate, or incomplete, we may refuse you access to the Service and pursue any appropriate legal remedies.

Corporate Headquarters
Alyrt Text Marketing
10999 Stahl Rd Newburgh, IN 47630
Tel: 812-618-9498
Email: info@vivabove.com
www.alyrt.co

ADDITIONAL TERMS OF SERVICE:

By opting in and choosing to engage in any one of our mobile messaging campaigns you are agreeing to the following Terms of Service:

* IF WE DETERMINE THAT YOU ARE ABUSING THE SYSTEM, WE RESERVE THE SOLE RIGHT TO BLOCK YOU FROM RECEIVING MESSAGES AND PARTICIPATING IN MOBILE CAMPAIGNS.

* Dispute Resolution & Arbitration: Any disputes, claims, or controversies, including those arising under state or federal law, will be resolved through binding arbitration in Los Angeles, CA, administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The substantive law of California applies. For Florida residents or users accessing the service in Florida, claims under the Florida Telephone Solicitation Act (FTSA) will be governed by Florida law, including all statutory prerequisites and safe harbors. Both parties waive the right to a jury trial and agree to individual, non-class, non-representative arbitration. The arbitrator's decision is final and binding, and costs are shared equally, with the prevailing party entitled to reasonable fees. All proceedings and evidence remain confidential.