Agreement to terms
These Terms of Service (the “Terms”) form a binding agreement between ANTHONY OLIVA, INC., a New York corporation with its principal place of business at 6724 Thompson Road, Syracuse, NY 13211, United States (“Anthony Oliva”, “we”, “us”), and the entity that creates an account or uses our services (“Customer”, “you”).
By creating an account, issuing an API request, or otherwise using the services, you accept these Terms. If you accept on behalf of a company, you represent that you have authority to bind it.
The following documents are incorporated by reference and form part of this agreement:
- Acceptable Use Policy
- Messaging Policy
- Privacy Policy
- Data Processing Addendum, where applicable
The services
We provide programmatic access to send and receive SMS and MMS messages, to provision telephone numbers, to look up number metadata, and to register brands and campaigns under the A2P 10DLC framework. The services are described at anthonyoliva.com and in our documentation.
We may improve, modify, or discontinue features. Where a change materially reduces functionality you rely on, we will give at least 30 days’ notice to account administrators.
Accounts and eligibility
You must be a business or other organization, and the individual creating the account must be at least 18. You must provide accurate registration information, including your legal business name, employer identification number, and physical business address, and keep it current. This information is verified against public records and shared with The Campaign Registry and carriers as part of brand registration.
You are responsible for safeguarding API credentials and for all activity under your account. Notify us immediately at support@anthonyoliva.com if you suspect unauthorized access.
Your obligations
You will:
- Comply with the Acceptable Use Policy and the Messaging Policy at all times
- Obtain and retain valid consent from every recipient you message
- Register brands and campaigns accurately and truthfully before sending
- Honor opt-out and HELP requests, including those received outside our platform
- Comply with the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and consumer protection laws, and all other applicable law
- Maintain a live, accurate, publicly accessible website with a privacy policy and terms that describe your messaging program
- Impose equivalent obligations on any reseller or end user who accesses the services through you, and remain responsible for their conduct
You will not use the services to send anything prohibited by the Acceptable Use Policy.
Fees and payment
Fees are published at anthonyoliva.com/pricing or set out in an order form. Usage is metered and billed monthly in arrears unless you are on a prepaid balance.
Carrier surcharges, campaign registration fees, brand vetting fees, and other pass-through charges levied by The Campaign Registry, aggregators, or mobile network operators are billed to you at cost. These are set by third parties and can change without notice; we will pass on notice as soon as we receive it.
Invoices are due net 15 from the invoice date. Overdue amounts accrue interest at 1.5% per month or the maximum permitted by law, whichever is lower. Fees exclude taxes, which you are responsible for other than taxes on our income.
We may change our own rates on 30 days’ notice. Prepaid balances are non-refundable except where required by law.
Billing questions, invoice copies, and disputed charges go to billing@anthonyoliva.com. Raise a disputed charge within 30 days of the invoice date so we can investigate it against the underlying usage records.
Suspension
We may suspend the services, in whole or in part, immediately and without prior notice where:
- Your traffic violates the Acceptable Use Policy or the Messaging Policy
- A carrier or connectivity partner requires us to
- Your account has an overdue balance more than 10 days past due
- Continued operation poses a security, legal, or fraud risk
We will restore service once the cause is resolved. Suspension does not relieve you of the obligation to pay accrued fees.
Intellectual property
We retain all rights in the platform, our software, documentation, and brand. You retain all rights in your content, including message content and recipient data. You grant us a limited licence to process your content solely to provide the services, to comply with law, and to enforce our policies.
You may not copy, reverse engineer, resell access to, or create a derivative of the platform except as expressly permitted.
Confidentiality
Each party will protect the other’s non-public information with at least reasonable care and will use it only to perform this agreement. This does not apply to information that is public, independently developed, or lawfully received from a third party, nor to disclosures required by law where the receiving party gives notice where it lawfully can.
Service levels and disclaimers
We work to keep the platform available and publish availability at anthonyoliva.com/status. Message delivery depends on mobile network operators and intermediate networks that we do not control.
We do not guarantee that any individual message will be delivered, nor the timing of delivery. Carriers may block, filter, delay, or reject messages at their discretion.
Except as expressly stated, the services are provided “as is” and we disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement, to the maximum extent permitted by law.
Indemnity
You will defend and indemnify us against any third-party claim, and any fine, penalty, or assessment imposed by a carrier, aggregator, registry, or regulator, arising from: your message content; your failure to obtain or honor consent; your breach of the Acceptable Use Policy or Messaging Policy; your violation of law; or the conduct of your end users.
Limitation of liability
Neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, even if advised of the possibility.
Our total aggregate liability arising out of this agreement will not exceed the fees you paid to us in the three months preceding the event giving rise to the claim. This limitation does not apply to your payment obligations or to your indemnity obligations.
Term and termination
This agreement runs until terminated. You may close your account at any time from the console or by writing to support@anthonyoliva.com. We may terminate for convenience on 30 days’ notice, or immediately for material breach that is not cured within 10 days of notice, or immediately where required by a carrier or by law.
On termination you must pay all accrued fees. We will delete your data in line with the retention periods in our Privacy Policy. Telephone numbers assigned to you are released and may be reassigned.
Sections covering fees, intellectual property, confidentiality, disclaimers, indemnity, limitation of liability, and governing law survive termination.
Governing law and disputes
This agreement is governed by the laws of the State of New York, without regard to conflict of law rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Onondaga County, New York, and each waives any objection to venue there.
Before filing, the parties will attempt in good faith to resolve the dispute through direct discussion between senior representatives for at least 30 days.
General
Notices. Notices to us go to legal@anthonyoliva.com and to our address above. Notices to you go to the email address on your account.
Assignment. Neither party may assign this agreement without the other’s written consent, except to a successor in a merger or sale of substantially all assets.
Force majeure. Neither party is liable for a failure caused by an event beyond its reasonable control, excluding payment obligations.
Entire agreement. These Terms and the documents incorporated by reference are the entire agreement and supersede prior discussions. If a provision is unenforceable, the rest remains in force. A failure to enforce a provision is not a waiver of it.
Changes. We may revise these Terms on 30 days’ notice by email to account administrators or by posting here. Continued use after the effective date is acceptance. Changes required by law or by carrier rules may take effect immediately.
How to reach us
Questions about this document can be sent tolegal@anthonyoliva.com. Privacy requests go toprivacy@anthonyoliva.com. Abuse reports go toabuse@anthonyoliva.com or through ourabuse reporting form.
ANTHONY OLIVA, INC.
6724 Thompson Road, Syracuse, NY 13211, United States
+1 (332) 231-6423
support@anthonyoliva.com