Terms and Conditions

Last Revised: June 27th, 2018

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and Voyage Mobile, Inc. (“Voyage Mobile,” “we,” or “us”) with respect to your use of www.voyagesms.com (the “Site”) and the services available on such platforms (collectively, the “Services”), including any Content (as defined in Section 2 below).

By accessing or using the services in any manner (whether automated or otherwise), you (a) acknowledge that you have read, understand, and agree to these terms of use and our privacy policy, which is incorporated herein by reference, and (b) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside). If you do not agree to these terms of use or our privacy policy, do not use the services.

These terms of use include an agreement to mandatory arbitration, which means that you agree to submit any dispute related to the site or the services, these terms of use and/or our privacy policy to binding individual arbitration rather than proceeding in court. The dispute resolution provision also includes a class action waiver, which means that you agree to proceed with any dispute individually and not as part of a class action. More information about the arbitration and class action waiver can be found in section 16 (arbitration agreement) below.

This agreement also includes a jury trial waiver.

1. Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. If any change to these Terms of Use is not acceptable to you, then your sole remedy is to stop using the Services. Notwithstanding the preceding sentences of this Section 1, no revisions to these Terms of Use will apply to any dispute between you and Voyage Mobile that arose prior to the effective date of those revisions.

2. Changes to Terms of Use. Subject to these Terms of Use, Voyage Mobile grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your legitimate business purposes, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Voyage Mobile. You agree not to: collect information from the Services using an automated software tool or manually on a mass basis; gain unauthorized access to the Services or to any account or computer system connected to the Services; obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you; “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems; restrict or inhibit other users from accessing or using the Services; modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

3. Ownership. The Services (including the Content) are owned by Voyage Mobile and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Site are registered and unregistered marks of Voyage Mobile and its licensors. You acknowledge and agree that, as between you and Voyage Mobile, Voyage Mobile is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.

4. Account Registration and Security. Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify Voyage Mobile of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.

5. Messaging Obligations; User Content.

5.1. Messaging Obligations. The Services may enable users to upload, display, and send email, text, and other electronic messages (collectively, “Messages”) to recipients from whom you or your organization has obtained all legally required consents for such communication (“Subscribers”). You represent, warrant, and covenant that when using the Services to send Messages, you will (i) comply with all applicable federal, state, and local laws, regulations, and rules governing such Messages, including, without limitation, the Telephone Consumer Protection Act and its implementing rules and regulations, the Telemarketing and Consumer Fraud and Abuse Prevention Act, the Federal Trade Commission’s Telemarketing Sales Rule, the CAN-SPAM Act of 2013, and state and local equivalents; (ii) comply with all applicable industry best practices; (iii) send Messages only to individuals from whom your Organization has obtained the legally required consent to do so (“Subscribers”); and (iv) promptly notify Voyage Mobile of all requests made by Subscribers to stop receiving Messages from Voyage Mobile or your Organization. As used in this Section, “Organization” means any company, entity or organization on whose behalf you access and use the Site to send Messages to Subscribers.

5.2. User Content and Restrictions. You may also have the opportunity to post, upload, display, or share other content to the Services (together with your Messages, the “User Content”). You may not post or send any User Content that: is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable; constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age; contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms of Use; infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party; encourages criminal conduct; contains false, misleading, fraudulent, or deceptive claims or content; gives the impression that it emanates from or is endorsed by Voyage Mobile or any other person or entity, if this is not the case; or contains any virus, malware, spyware, or other harmful content or code.

5.3. Rights You Grant to Us. You hereby grant to Voyage Mobile an irrevocable, perpetual, non-exclusive, transferable, sublicensable, royalty-free, worldwide right and license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you post on or send through the Services for any purpose and in all forms and all media, whether now known or that become known in the future, and you waive any and all claims that you may have now or may hereafter have in any jurisdiction to so-called “rental rights,” “moral rights,” and all rights of “droit moral” in that User Content, even if the User Content is altered or changed in a manner not agreeable to you. If you post User Content, you represent and warrant to Voyage Mobile that you own or control all rights in and to such User Content and have the right to grant the rights above to us

5.4. No Responsibility. You agree that you are solely responsible for your User Content, and you acknowledge and agree that Voyage Mobile is not responsible for, and does not endorse, any User Content.

5.5. No Obligation to Prescreen, Monitor or Use. Voyage Mobile does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, Voyage Mobile retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.

5.6. No Obligation to Prescreen, Monitor or Use. Voyage Mobile does not have, and does not undertake, any obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Services. However, Voyage Mobile retains the right (but not the obligation), in its sole discretion and for any reason, to prescreen, monitor, edit, remove, or move User Content posted on or through the Services. You acknowledge and agree that we are not obligated to post, keep, or use your User Content.

5.7. Submitted Ideas. While we appreciate your interest in the Services and our business, Voyage Mobile does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of Voyage Mobile might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly provided for in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Services or in response to solicitations on the Site shall be deemed to be non- confidential and non-proprietary.

6. Electronic Communications. The communications between you and Voyage Mobile via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

7. Other Terms and Conditions. All purchases made through the Services or other transactions for the sale of services formed through the Services are governed by a separate Insertion Order containing any additional terms. Our Insertion Order and any other policies, rules, or guidelines that may be applicable to specific portions or features of the Services are incorporated into these Terms of Use.

8. Privacy Policy. You acknowledge and agree that all information collected by Voyage Mobile is subject to our Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.

9. Change and Suspension.

9.1. Changes to the Services. Voyage Mobile reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that Voyage Mobile will not be liable to you or to any third party for any such change, suspension, or discontinuance.

9.2. Suspension/Termination of Access. Voyage Mobile has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof if you violate these Terms of Use. In the event that we suspend or terminate your access to the Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

10. Disclaimer; Limitation of Liability.

10.1. Disclaimer of Warranties. The services and the content are provided to you on an “as is” and “as available” basis, without warranties of any kind, and voyage mobile hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Neither voyage mobile nor any person associated with voyage mobile makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy, or availability of the services or any content. Without limiting the foregoing, neither voyage mobile nor anyone associated with voyage mobile represents or warrants that the services or the content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the services, content, or the servers that make them available are free of viruses or other harmful components, or that the services or the content will otherwise meet your needs or expectations.

10.2. Limitation of Liability. To the fullest extent permitted by law, in no event will voyage mobile or its officers, directors, employees, agents, licensors, or service providers be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to your use of or inability to use the services or the content, including, but not limited to, loss of revenue, loss of profits, loss of business, loss of use, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable. If, notwithstanding the provisions of this section 11.2, voyage mobile is found liable for any loss, damage, or injury under any legal theory relating in any way to the subject matter of these terms of use, in no event will voyage mobile’s aggregate liability to you or any third party exceed $100. The foregoing limitations shall apply even if your remedies under these terms of use fail of their essential purpose. Use of the services is at your sole risk.

10.3. Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 11 may not apply to you.

11. Third Party Disputes. Any dispute you have with any third party in connection with your use of the services or the application is directly between you and such third party. Accordingly, to the fullest extent permitted by law, you hereby irrevocably release voyage mobile from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

12. Indemnification. You agree to indemnify, defend, and hold Voyage Mobile and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or any Content, including your sending of any Messages, or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Use.

13. Copyright Infringement. Voyage Mobile take claims of copyright infringement seriously. It is Voyage Mobile’s policy to disable and/or terminate the accounts of users who are repeat infringers. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any Content accessible on the Site infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:

  • your physical or electronic signature;
  • identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Site, a representative list of such works;
  • identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
  • adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);
  • a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;
  • a statement that the information in your written notice is accurate; and
  • a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated agent to receive DMCA notices is:

Rev Reddy
1209 Orange Street
Wilmington, DE 19801
Email: rev@voyagesms.com

*NOTE: This contact information is for inquiries regarding potential copyright infringement only.
If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective.
Please be aware that if you knowingly materially misrepresent that Content on the Site is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

14. Third Party Materials. The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third Party Materials”). You acknowledge and agree that Voyage Mobile is not responsible for any Third Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. Voyage Mobile does not assume and will not have any liability to you or any other person or entity for any Third Party Materials. Third Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

15. Third Party Platforms. Voyage Mobile may provide the Services to you through third- party websites, operating systems, platforms, and portals (collectively, “Third Party Platforms”). Additional terms and conditions may apply to you with respect to your use of Third Party Platforms, which are not under Voyage Mobile’s control. Voyage Mobile does not assume any responsibility or liability for your use of such Third Party Platforms.

16. Arbitration agreement. Please read this section carefully. It affects your rights and impacts the way that you and we bring claims against each other and how those claims are decided.

16.1. Dispute Resolution. You and we agree that any dispute or claim relating in any way to the interpretation, applicability, enforceability, or formation of these terms of use or your use of the services and/or content will be resolved exclusively though final and binding arbitration, rather than in court. This agreement to arbitrate is intended to be broadly interpreted and includes any dispute, claim, or controversy between you and voyage mobile regarding any aspect of your relationship with us or any conduct or failure to act on our part, including claims based on breach of contract, tort (for example, a negligence or product liability claim), violation of law or any claims based on any other theory, and including those based on events that occurred prior to the date of this agreement, with the following exceptions:

You may assert claims in your local small claims court if its rules permit it;

Any claim regarding the validity, protection or enforcement of a party’s intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights) must be brought in court; and

In the event this agreement to arbitrate is for any reason held to be unenforceable, any dispute or claim against us (except for small-claims court actions) may be commenced only in a federal or state court located in Los Angeles County, California, and we both consent to the jurisdiction of and venue in those courts for such purposes. We both also consent to the jurisdiction of and venue in those courts for purposes of any claim regarding the validity, protection or enforcement of a party’s intellectual property rights (excluding its privacy or publicity rights). You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. This agreement to arbitrate is governed by the Federal Arbitration Act, including its procedural provisions, in all respects.

16.2. Prohibition of Class Actions and Non-Individualized Relief. Any arbitration will be conducted by the parties in their individual capacities only and not as a class action or other representative action. Unless both you and we agree otherwise, the arbitrator may not consolidate or join more than one person's or party's claims, and may not otherwise preside over any form of a consolidated, representative, class, or private attorney general action or proceeding. Also, the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party's individual claim(s). If this specific provision is found to be unenforceable, then all of section 16, other than subsection 19.8, will be null and void and neither of us will be entitled to arbitrate our dispute.

16.3. Arbitration Rules. The arbitration will be administered by the American Arbitration Association (“AAA”) and will be governed by AAA’s Consumer Arbitration Rules (“AAA Rules”), as modified by this Agreement. The AAA Rules may be accessed at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity, and must enforce the same limitations stated in this Agreement as a court would. The arbitrator will issue an award decision in writing but will not provide an explanation for the award unless you or Voyage Mobile requests one. The arbitrator’s award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.

16.4. Demand for Arbitration. A party who intends to arbitrate (“Claimant”) must first send to the other party (“Respondent”) a written notice, entitled “Demand for Arbitration” (“Demand”). The Demand must: (1) briefly explain the dispute; (2) provide the Claimant’s name and address, the address of the Claimant’s representative (if the Claimant has one), and the Respondent’s name and address (for Voyage Mobile, see below); (3) specify the amount of money in dispute, if applicable; (4) if the Claimant is requesting an in-person hearing, identify the requested location for the hearing; and (5) include a statement of what the Claimant wants. The Claimant must send one copy of the Demand to AAA at the same time the Claimant sends it to the Respondent. When sending a copy of the Demand to AAA, the Claimant must also include a copy of this arbitration agreement and any amendments to it (see Section 19.7) and the then current filing fee required by the AAA. The Demand must be sent to the AAA at the following address:

American Arbitration Association
Case Filing Services
1101 Laurel Oak Road, Suite 100
Voorhees, NJ 08043
Alternatively, the Demand may be filed with the AAA online using : AAA WebFile: https://www.adr.org. Any Demand to Voyage Mobile should be addressed to:

16.5. Filing, Administration and Arbitrator Fees. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, unless otherwise stated in this Section 16 . If the value of the relief sought is $10,000 or less, at your request, we will pay all filing, administration, and arbitrator fees associated with the arbitration, but not your attorneys’ fees. Any request for payment of filing, administration, and arbitrator fees by Voyage Mobile should be submitted by mail to the AAA along with your Demand and Voyage Mobile will make arrangements to pay all such necessary fees directly to the AAA. In the event that the arbitrator determines that the claim(s) you assert in the arbitration are frivolous, you agree to reimburse us for all fees associated with the arbitration paid by Voyage Mobile on your behalf that you otherwise would be obligated to pay under the AAA Rules.

16.6. Opt-Put Procedure. If you do not wish to be bound by the arbitration provisions in this section 16 , you must notify voyage mobile in writing within 30 days of the date that you accept this agreement for the first time. You may opt out by mailing a written notice to voyage mobile at the address set forth in subsection 19.4. Your written notification to voyage mobile must include your name, mailing address, e-mail address, phone number and voyage mobile account number as well as a clear statement that you do not wish to resolve disputes with voyage mobile through arbitration. If you opt out of the arbitration provisions in this section 16 , all other provisions of this agreement will continue to apply, including section 19.8, below.

16.7. Amendment to Arbitration Provisions. Notwithstanding any provision in this Agreement to the contrary, you and we agree that if we make any amendment to the arbitration provisions in this Section 16 in the future (other than an amendment to any notice address or site link provided herein), that amendment shall not apply to any claim that was filed in a legal proceeding against Voyage Mobile prior to the effective date of the amendment. The amendment shall apply to all other disputes or claims that have arisen or may arise between you and Voyage Mobile. We will notify you of amendments to the arbitration provisions of this Section 16 by posting the amended terms on www.voyagesms.com/terms-and-conditions, and/or by providing notice to you by email, at least 30 days before the effective date of the amendments. If you do not agree to the amended terms, you may cancel your Services and close your account with Voyage Mobile within the 30-day period and you will not be bound by the amended terms.

16.8. Jury trial and class action waiver. If for any reason a claim proceeds in court rather than in arbitration, you and voyage mobile each unconditionally waive any right to a jury trial. This means that any claim would be decided by a judge, not a jury. Further, with respect to any claim that proceeds in a court, you and we agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class, or representative or private attorney general action or proceeding.

17. Miscellaneous.

17.1. Geographic Restrictions. Voyage Mobile is based in the State of California in the United States. We make no claims that the Services or the Content are accessible or appropriate outside of the United States. Access to and use of the Services may not be legal by certain persons or in certain countries. If you access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

17.2. Governing Law; Jurisdiction and Venue. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of California, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of California.

17.3. Limitation on Time to File Claims. Any cause of action or claim you may have arising out of or relating to these terms of use or the services (including the content) must be commenced within one (1) year after the cause of action or claim accrues, otherwise, such cause of action or claim is permanently barred.

17.4. Assignment. You may not assign these Terms of Use or any of the rights or licenses granted hereunder without the prior express written consent of Voyage Mobile. Voyage Mobile may assign these Terms of Use, including all its rights hereunder, without restriction. For the purposes of these Terms of Use, an assignment includes, without limitation, any merger, acquisition of stock or assets, change of control or similar transaction.

17.5. Successors and Assigns. These Terms of Use will inure to the benefit of our successors and assigns.

17.6. Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.

17.7. Entire Agreement. These Terms of Use, including our Privacy Policy and Insertion Orders constitute the sole and entire agreement between you and Voyage Mobile with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.

18. Questions. If you have any questions about the Services or these Terms of Use, please call us at (877) 886-9243, email us at service@voyagesms.com or write to us at:

Voyage Mobile, Inc.
1209 Orange Street
Wilmington, DE 19801
Attention: Client Support Team

19. Notice to California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.