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Terms and Conditions

Last updated: February 28, 2024

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://greaterthanconsulting.com website or other services (all collectively referred to as “Platform” or “Service” provided or operated by Greater than Consulting (referred to as “Service Provider”, “us”, “we”, or “our”).

Your (also referred to as Client) access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Greater than Consulting and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Greater than Consulting.

Greater than Consulting has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Greater than Consulting shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of United States without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.

Provided Services

Service Provider agrees to provide Client access to Software as a Service (SaaS) herein referred to as “Platform” or “Services” for use by the Client in accordance with the stipulations of any signed proposals or contracts for the conduct of Client’s business.

1. Intended Use. Client may use the Platform only as intended for lawful purposes and in accordance with these Terms. Client agrees that they will not use the Platform in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, Client represents and warrants that: (i) Client will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) Client is fully responsible for Client actions and the actions of Client’s employees, agents, and customers who use the Platform; (iii) Client is fully responsible for the use of the Platform by your customers; (iv) Client, Client’s employees, agents and customers will not misrepresent the Platform or the Services; (v) Client will provide these Terms to employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Platform; (vi) Client owns or controls all rights in and to all content provided to Service Provider, including, but not limited to, any code provided to customize the Platform; (vii) Client will be solely responsible for Client’s use of the Platform, including the quality and integrity of any data and other information, including Information, made available to Service Provider by or for Client through the use of the Platform; and (viii) Client, Client’s employees, and Client’s customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication provider

2. Privacy. By using the Platform and providing Information on or through the Platform, Client consents to Service Providers use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that Service Provider has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Platform. When you provide your customers with access to the Platform, Client must implement and enforce their own Privacy Policy, providing the level of protection at least equal to that provided to you by Service Provider. Client must obtain consent from Client’s customers, affirmatively acknowledging that Client’s customers agree to be bound by your privacy policy. Client represents and warrants that Client has provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide Client’s customers’ data for use and disclosure in accordance with these Terms and our Privacy Policy.

3. Login Credentials. Client is responsible for maintaining the confidentiality of Login Credentials. Client is responsible for all uses of Platform account and Login Credentials, whether or not authorized by Client. Client agrees to notify Service Provider immediately of any unauthorized access to or use of Platform Account or Login Credentials or any other breach of security. Service Provider reserves the right to disable Client Login Credentials at any time in its sole discretion for any or no reason, including if, in Service Provider’s opinion, Client has violated any provision of these Terms. Platform accounts are non-transferable. Client is obligated to take preventative measures to prohibit unauthorized users from accessing Platform account with Client Login Credentials.

4. Use of Communication Services. The Platform may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods.  If Client uses these features, Client agree that Client is exclusively responsible for all communications sent using the Platform, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. Client represents and warrants that Client understands and will comply with those laws.  Service Provider is not responsible for Client compliance with laws and does not represent that Client’s use of the Platform will comply with any laws.  Service Provider is a technology platform communication service application provider ONLY.  Service Provider does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method on behalf of the Client.  Client controls the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by Client and/or Client customers, whether generated by Client or sent automatically via the Platform at Client’s direction.

5. Disclaimer.
THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. CLIENT USE OF THE PLATFORM IS AT CLIENT’S OWN DISCRETION AND RISK AND WITH CLIENT AGREEMENT THAT CLIENT WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CLIENT’S COMPUTER SYSTEMS OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES. CLIENT AGREES THAT SERVICE PROVIDER HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION OR FAILURE TO STORE ANY INFORMATION OR CONTENT MAINTAINED OR TRANSMITTED ON OR THROUGH THE PLATFORM.

WITHOUT LIMITING THE FOREGOING, SERVICE PROVIDER MAKES NO WARRANTY THAT (A) THE PLATFORM WILL MEET CLIENT REQUIREMENTS, (B) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE PLATFORM WILL MEET CLIENT EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.

CLIENT ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS’ NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, CLIENT AGREES THAT SERVICE PROVIDER IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF CLIENT DATA WHILE IN TRANSIT VIA THE INTERNET OR A TELECOMMUNICATIONS PROVIDER’S NETWORK.

SERVICE PROVIDER MAKES NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH A THIRD PARTY OR THIRD PARTY SERVICES, OR IN CONNECTION WITH THE PLATFORM, AND CLIENT UNDERSTANDS AND AGREES THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT CLIENT’S OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY SERVICES OR CONTENT AVAILABLE ON OR THROUGH THE PLATFORM FROM A THIRD PARTY OR THROUGH THIRD PARTY SERVICES IS PROVIDED SOLELY BY SUCH THIRD PARTY.

SERVICE PROVIDER RESERVES THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE PLATFORM, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO CLIENT. SERVICE PROVIDER SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, CHANGES IN THE PRICING STRUCTURE AND THE ADDITION OF FREE OR FEE-BASED SERVICES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS PLATFORM SHALL ALSO BE SUBJECT TO THESE TERMS OF SERVICE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION

6. Term and Termination.
Term. The term of this agreement commences on the Effective Date hereof. If Client has selected an annual pricing plan, then the term will continue until the one year anniversary of the Effective Date, and will automatically renew for additional terms of one year each unless either party gives the other party written notice of its intention not to renew at least 30 days in advance of the then current term. If Client has elected a monthly pricing plan, this agreement will continue until a party notifies the other party at least 30 days in advance of its intention to terminate.

6.a. Termination for Cause. Either party may terminate this Agreement for cause upon written notice to the other party:

(i.) if the Client fails to pay the Service Provider any delinquent amounts owed within 10 days of scheduled due date or of written notice by the Service Provider specifying the amounts owed.

(ii.) immediately upon any breach of any confidentiality obligations owed to such party by the other party:

(iii.) if the other party has committed any other material breach of its obligations under this Agreement and has failed to cure such breach within 30 days of written notice by the non-breaching party specifying in reasonable detail the nature of the breach (or, if such breach is not reasonably curable within 30 days, has failed to begin and continue to work diligently and in good faith to cure such breach): or

(iv.) upon the institution of bankruptcy or state law insolvency proceedings agains the other party, if such proceedings are not dismissed within 30 days of commencement.

6.b. Obligations Upon Termination. Upon termination of this Agreement:

(i.) provided that Client has paid all amounts owned to Service Provider hereunder, Service Provider shall, upon written request received within 30 days of termination, provide Client’s Customer contact data to the Client from the Service Providers system.

(ii.) Service Provider shell immediately terminate access to the system by Client, and

(iii.) Client shall immediately pay Service Provider any amounts payable or accrued but not yet payable to Service Provider, including any deferred payments or payments originally to be made over time.

Contact Us

If you have any questions about these Terms, please contact us.