TERMS & CONDITIONS

Effective Date 01/28/2019

PLEASE CAREFULLY READ THESE TERMS AND CONDITIONS ("TERMS") BEFORE USING THE SERVICES DESCRIBED HEREIN. BY USING OR VISITING THE SERVICES YOU SIGNIFY YOUR ASSENT TO THE TERMS SET FORTH HEREUNDER. IF YOU DISAGREE WITH THESE TERMS, DO NOT USE THE SERVICES. IF YOU HAVE A MASTER SERVICES AGREEMENT OR OTHER WRITTEN AGREEMENT WITH SERVICE PROVIDER (THE "MSA") REGARDING THE PROVISION OF SERVICES, SUCH MSA SHALL GOVERN IN THE EVENT OF ANY CONFLICT WITH THESE TERMS.

GENERAL

Service Provider ("Service Provider" "we", "our", or "us") is a provider of a multi-faceted e-billing and mobile platform that allows companies ("Companies") to bill you for the goods and services you purchase (the "Services"). For the avoidance of doubt, Services, includes the Wireless and Mobile billing services described in more detail below. These Terms govern your access to and use of the Services described herein.

ELIGIBILITY

You must be 18 years of age or older in order to use the Service. A valid and functional e-mail address and a telephone number must be provided. You will be asked to provide a password at the time that you enroll for the online Service and must use the password each time a payment is made using the online portal. You agree to protect the confidentiality of your login and other related account information. You must notify us immediately of any unauthorized use of this information by emailing us at info@authvia.com.

ENROLLMENT

In order to use the Service, you will be required to provide identifying information, which may include, but is not limited to, name, address, and cellphone number as well as payment information and other financial account information (the "Enrollment Data"). Upon enrolling, you authorize Service Provider to verify your identity. By providing us with your cellphone number, you understand that the mobile billing services to pay for your bills through a simple text message (the "Mobile Services") will be made available to you.

MOBILE SERVICES

To participate in the Mobile Services, you must opt in at registration and confirm registration by a six (6) digit passcode created from the mobile device. Upon registering, you will receive a message confirming use of the Mobile Services (the "Confirmation Message"). Note that use of the Mobile Services is only possible if you have a wireless mobile device that is capable of two-way SMS messaging through participating mobile service providers. You should contact the network operator if you are unsure about your device’s capabilities or pricing plan. Participating wireless providers are listed at the bottom of this page.

ACCURACY OF INFORMATION

You agree to (a) provide true, accurate, current and complete information about yourself upon enrollment of the Services, and (b) maintain and promptly update the Enrollment Data to keep it true, accurate, current and complete. In enrolling in and using the Services, you agree to comply with these Terms and all applicable federal, state/provincial and local laws, rules and regulations.

LICENSE

Subject to the terms and conditions herein, Service Provider grants you a limited, non-exclusive, non-transferable license to access and use the Services, together with any updates, bug fixes, help content and other related material, as applicable, during your use of the Services.

PAYMENT

You understand you may be charged a convenience fee for every payment made using the Services. An itemized list of the fees along with the total payment amount are clearly displayed before payment is submitted. You hereby authorize Service Provider and/or the corresponding payment processor to charge your credit, debit card or other financial account for such payment. Service Provider will notify you of any payment failure. The most recent credit card, debit card or ACH (eCheck) used for payment is automatically saved as the default payment method for any future payments or authorizations.

To the extent you use a bank account to make a payment, then by accepting these Terms, you authorize Service Provider to debit said bank account, via the Automated Clearing House System. This authority will remain in effect until termination of these Services of otherwise revoked by you in writing. If the payment is returned for any reason, you acknowledge that you may be subject to a rejected item fee of $25 or the maximum allowed by law.

For the avoidance of doubt, Service Provider passes through payment information and does not directly store any such information. Service Provider shall not be liable for any loss or damage arising from the transmittal of such payment information. Any credit card or other payment information provided will be encrypted using the industry standard Secure Sockets Layer (SSL) encryption and stored in tokens.

Note that if Company refuses to accept a payment, you will remain liable for any outstanding and unpaid amount and you may be subject to penalties, late fees and interest charges assessed by the corresponding Company. No payment using the Services shall be considered a settlement, unless there is a specific agreement between Company and yourself to the contrary. Any refund is subject to each Company's specific refund policies. For the avoidance of doubt, Service Provider shall in no respect be liable for any payment dispute between you and the Company, except to the extent caused by Service Provider's gross negligence or willful misconduct.

Use of this Service is optional. There are other methods to pay that do not require paying an additional service fee.

TEXT MESSAGE AND ELECTRONIC PAYMENTS

You agree to receive email communications and text messages from an automated telephone dialing system for all of your transactions and communications with us. You agree that all purchase confirmations, postings, notices, disclosures, or other communications that we provide to you electronically or through a text message satisfy any legal requirements that such communications be in writing. Any such communications will be subject to the Privacy Policy and you shall be entitled to opt-out of any advertising communications.

SMS/TEXT MESSAGING

You will receive approximately 4 – 8 messages per month. Notwithstanding the foregoing, the number of messages received may vary.

Message and Data Rates May Apply to the Use of the Mobile Services and your wireless provider may charge you for each text message you send and receive. Message and data charges will appear on your wireless phone bill or be deducted from your prepaid account.

You agree that you are solely responsible for all such charges that you incur from your mobile service provider for your use of the Mobile Services. All charges are billed by and payable to your mobile service provider. Please contact your mobile service provider for pricing plans and details. You may “opt out” of receiving future messages by texting END, STOP, QUIT, CANCEL, and UNSUBSCRIBE (not case sensitive) to the Confirmation Message or to any other message you may receive from Service Provider thereafter. For help, please text HELP to the Confirmation Message or to any other message you may receive from Service Provider thereafter. You may notify us if you require any further assistance or do not know what number to text by emailing us at info@authvia.com.

You understand that the Mobile Services are offered on an “as is” “where is” basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other service changes made by your mobile service provider. In the event of mobile phone roaming, you may experience difficulties texting using the Mobile Services due to telecommunication restrictions. In this case, you may access the Services online. Moreover, by using these Mobile Services, you agree not to text and drive.

OPTING-OUT OF THE SERVICES

You may choose to opt out of the Services at any time. If you choose to discontinue the Services, you shall send a text message with the phrase “STOP” before stopping use of the mobile number provided to Service Provider.

RESTRCITIONS ON USE OF THE SERVICES

You may not resell or sublicense access to the Service to any third-party without Service Provider's consent. You further agree not to combine or integrate the Service with hardware, software or other technology or materials not provided by us. You may not modify or create any derivative product based on the Services. You may not decompile, disassemble, reverse engineer or otherwise attempt to obtain or perceive the source code from which any component of the Services is compiled or interpreted, and nothing in these Terms should be interpreted as granting you any right to obtain or use source code. You agree not to use the Services to: (a) violate any local, state, national or international law; (b) stalk, harass or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or (f) upload or transmit information or content that is infringing, defamatory, obscene, fraudulent or otherwise illegal. Without limiting any rights or remedies that Service Provider may have available at law or in equity, including, without limitation, any right to seek monetary damages for your breach, you agree that Service Provider may seek a court order to compel you to comply with these terms, and you understand that we may immediately terminate your access to the Services at any time if you violate the restrictions set forth above.

SUSPENSION OF SERVICES

We reserve the right, for any reason and in our sole discretion, to modify, suspend or discontinue any of the Services at any time and your use thereof without prior notice. We have the right to suspend your use of the Services if (i) you provide any information that is untrue, inaccurate, not current or incomplete, (ii) Service Provider has reasonable grounds to suspect that such data is untrue, inaccurate, not current or incomplete, or (iii) for any other violation of the Terms herein. Thereafter, we may refuse any and all current or future use of the Services (or any portion thereof).

PRICING AND TYPOGRAPHICAL ERRORS

Service Provider shall not be liable for any loss or damage in the event any payment information is displayed incorrectly, except to the extent such error is caused by Service Provider's gross negligence or willful misconduct. Service Provider is only responsible for passing through the payment and payment information. Should Service Provider discover the error, it will notify you of such error. Notwithstanding the foregoing, you are solely responsible for communicating to the Company any errors or inconsistencies in payment.

LINKS TO THIRD PARTY SITES

The Service Provider platform may contain advertisements, offers, services, resources and links to third-parties (“Third-Party Content”) that we do not control. Third-Party Content may not be wholly accurate. You acknowledge and agree that we are not responsible or liable for the accuracy or availability of Third-Party Content or for any viruses or other damaging elements encountered in linking to Third-Party Content or websites. In addition, providing links to third-party websites should not be interpreted as our endorsement or approval of the organizations sponsoring such third-party websites or Third-Party Content. These Terms do not apply to any other websites.

SOFTWARE REQUIREMENTS

In order to use the Services, You must currently be using one of the internet browsers and operating systems set forth below, or the most recent, supported version of the following browsers: IE 11, Microsoft Edge (latest two versions), Chrome (latest two versions), Firefox (latest two versions), Safari (latest two versions).

Chrome is the default browser and ensures a premium user experience.

AuthVia reserves the right, in its sole discretion, to change the minimum hardware or software requirements needed to access or retain electronic records without notice, which may impact Your ability to access or retain subsequent records.

PRIVACY POLICY AND SECURITY

We will securely store your personal information and will not give or sell it to others for advertising or marketing purposes without your consent. These Terms and your submission of the Enrollment Data are governed by our Privacy Policy. Please review the Privacy Policy to learn more about how we hold or may use your personal information. Service Provider maintains physical, electronic and procedural safeguards to protect your personal information. When you visit our site, your IP address and browser type are collected so we know more about how our website is used. When you access our website, we, or companies we hire to track how our website is used, may place small data files called “cookies” on your computer. A “session cookie” is sent to your computer when you log in to your account. This helps us recognize you if you visit multiple pages on our site during the same session, preventing us from asking you for your password on each page. Once you log out or close your browser, this cookie expires. Service Provider is not responsible for the privacy practices of any other site.

PROPRIETARY RIGHTS

The Service and any related software or documentation are protected by United States and international intellectual property rights laws and these Terms do not grant you any right to use such intellectual property.

Any Service Provider and Company trademarks, logos and service marks displayed in the Service are protected marks. Nothing contained in the Services should be construed as granting, by implication, estoppel or otherwise, any license or right to use any of the trademarks, logos and service marks displayed without the written permission of Service Provider or the corresponding party. You should assume that everything you see or read during your use of the Services is copyrighted unless otherwise noted and may not be used except as provided in these Terms without the written permission of Service Provider or other corresponding party. Your misuse of the trademarks, logos and service marks displayed in the Services other than as provided in these Terms may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes and is strictly prohibited.

CONFIDENTIALITY

We will maintain the confidentiality of the information provided during your use of the Services; however, we reserve the right to disclose information to third parties about the transactions you make:

1. Where it is necessary for completing transactions;
2. In order to comply with government agency, court order, or other legal reporting requirements;
3. If you give us your written permission.

WARRANTY

THIS SERVICE IS PROVIDED “AS IS” AND WE MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, IN CONNECTION WITH THE SERVICES PROVIDED TO YOU UNDER THIS AGREEMENT. WE DO NOT AND CANNOT WARRANT THAT THE SERVICE WILL OPERATE WITHOUT ERRORS, OR THAT THE SERVICE WILL BE AVAILABLE AND OPERATIONAL AT ALL TIMES. WE ARE NOT RESPONSIBLE FOR THE QUALITY, SAFETY, LEGALITY, OR ANY OTHER ASPECT OF ANY GOODS OR SERVICES YOU PURCHASE THROUGH THE USE OF THIS SERVICE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. We encourage you to check your local laws for any restriction or limitation regarding the exclusion of implied warranties.

INDEMNIFICATION

You agree to indemnify, hold harmless and, at Service Provider's option, defend Service Provider (including its affiliates, officers, directors, employees, agents, licensors, suppliers and any third-party information providers) from and against all damages liabilities, and expenses, including reasonable attorney's fees, resulting from any violation of these Terms.

LIMITATION OF LIABILITY

IN NO EVENT SHALL SERVICE PROVIDER, ITS DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE OR INCIDENTAL DAMAGES, LOSSES OR INJURIES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOSS OF USE, LOSS OF DATA OR COST OF COVER) ARISING OUT OF, OR RELATED TO, YOUR USE OF THE SERVICES OR THE FAILURE OF SERVICE PROVIDER OR ANY PROVIDER TO PROPERLY PROCESS AND COMPLETE TRANSACTIONS THEREUNDER, EVEN IF YOU HAVE BEEN SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR INJURIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICES SHALL BE AT YOUR SOLE RISK. SERVICE PROVIDER SHALL ONLY BE LIABLE FOR DAMAGES SOLELY AND PROXIMATELY CAUSED BY ITS GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

IN NO EVENT SHALL THE AGGREGATE LIABILITY OF SERVICE PROVIDER, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SERVICES EXCEED ANY PAYMENT RECEIVED BY SERVICE PROVIDER FOR YOUR ACCESS TO OR USE OF THE SERVICES.

TERMS & TERMINATION

These Terms, as modified from time to time, shall remain in effect for so long as you continue to use the Services. Upon termination of these Terms, you will no longer have access to the Services. You agree that termination of these Terms by you or us will not affect any of our rights or your obligations arising under these Terms prior to termination.

MODIFICATION OF THE TERMS

We reserve the right to change or modify these Terms at any time and in our sole discretion. We will notify you of the updates by posting a notice on our website or otherwise notifying you electronically, as outlined below. Your continued use of the Services will constitute acceptance of such changes or modifications to the Terms.

MODIFICATIONS TO SERVICES

We reserve the right to modify the Services at any time without notice. If you object to any changes to the Services, your sole recourse will be to cease using them. Continued use of the Services following posting of any such changes will indicate your acknowledgement of such changes and satisfaction with the Services as so modified. Service Provider reserves the right to discontinue the Services at any time without notice. We will not be liable to you or any third-party should we exercise our right to modify or discontinue the Services.

ELECTRONIC NOTIFICATIONS

We will provide you with all disclosures, policies, notices and other communications about the Service, including these Terms, in electronic form, as well as revisions and amendments to these Terms, and such other information, including but not limited to information under applicable laws and regulations, electronically as a part of these Terms or otherwise as a part of the Service. We will provide all future notices by posting them on our website or by email. You agree that such electronic notification shall constitute effective notice.

GENERAL TERMS

You agree to comply with all laws, rules and regulations that apply to your use of the Services. These Terms will be subject to and construed in accordance with the laws of the State of California, excluding its rules regarding conflicts of law. You consent to jurisdiction and venue exclusively in the State of California. The failure of Service Provider to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, you agree that the court should endeavor to give effect to the intentions reflected in the invalid provision, and the other provisions of these Terms shall remain in full force and effect. You agree that any claim or cause of action that you may have related to the Services, and/or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. These Terms constitute the entire agreement between you and Service Provider with regard to the matters described above.

CONTACT AUTHVIA

If you have any requests concerning your personal information or any questions with regards to our privacy policy, please contact us at info@authvia.com or via mail to Privacy Policy c/o AuthVia, 105 West Holly Ave, El Segundo, CA 90245.

[1] Alaska Communications Systems, Alltell/ Allied, AT&T, Bluegrass Cellular, Boost, C Spire Wireless/ Cellular South, CellCom, Cellular One/ South Canaan Cellular, Chariton Valley Cellular, Chat Mobility, Cincinnati Bell, Cricket/ Leap Wireless, Cross Wireless, Duet IP/ Max/ Wireless Comm. Venture, East Kentucky Network/ Appalachian Wireless, ECIT, Element Mobile, Epic Touch, GCI Communications, Golden State Cellular, Illinois Valley Cellular, Immix, Inland Cellular, iWireless, Metro PCS, Mobi PCS, MobileNation/ SI Wireless, Mosaic Telecom, MTPCS Cellular One/ Cellone Nation, Nex Tech Communications, Northwest Missouri Cellular, nTelos, Panhandle Wireless, Peoples Wireless, Pioneer Cellular, Plateau Wireless, Revol Wireless, Rural Independent Network Alliance, Simmetry Wireless, Sprint, Thumb Cellular, T-Mobile, Union Telephone, United Wireless, US Cellular, Verizon Wireless, Viaero Wireless, Virgin Mobile, and West Central Wireless.