Last Updated March 27, 2024

This Acceptable Use Policy (“AUP”) is incorporated by reference into and governed by the Company Terms of Service (“Terms”). This AUP describes actions that Company prohibits when any party uses the Company Services, including API Services. Capitalized terms that are not defined in this AUP are defined in the Terms, and the Terms take precedence over any conflicting provisions in this AUP. You, the user (“Customer” or “you”), may not use Company Services without agreeing to this AUP. Thus, You agree not to use, and not to encourage or allow any other person or entity to use, the Services in prohibited manners, including but not limited to the following:

1. You will not send any Unwanted Messages or Inappropriate Content, or any messages or content that violates or infringes any copyright, patent, trademark or trade secret or right of privacy or publicity or any other personal or proprietary right of any third parties.“Unwanted Messages” means: (i) unsolicited bulk commercial messages (e.g.,spam); (ii) “phishing” messages intended to deceive (such as attempting to access private or confidential information through deception); (iii) messaging that contains or links to content that is abusive, harmful, deceptive, fraudulent, misleading, malicious, unlawful, harassing, threatening, discriminatory, bullying, excessively profane, obscene, defamatory, libelous; promotes or glamorizes alcohol abuse, illegal drug use or use of tobacco products; causes safety concerns; incites harm or violence; and (iv) is intended to intimidate; includes malware, threatening or otherwise inappropriate content. Further, Unwanted Messaging include messages that require an opt-in but that was not obtained, messaging that does not respect subscriber opt-out requests, or does not contain proper age gating, and as otherwise set forth in any participating carrier message requirements, the CTIA Guidelines or the Federal Trade Commission’s (FCC’s) Truth in Advertising Rules. “Inappropriate Content” means any and all content that (i) violates any law, regulation, rule, order, direction, or award of any government authority, regulatory authority, tribunal, court, or body applicable to a person or party, or their business, or the subject matter of the Terms, including but not limited to the following United States laws and any regulations relating thereto (“ApplicableLaw”): the Telephone Consumer Protection Act; the Telephone Consumer Fraud& Abuse Prevention Act; the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act; any FCC regulations and guidelines regarding the provision and revocation of consumer consent for communications, including any communication that (ii) is unsolicited, including without limitation, bulk messages, spam or other unsolicited commercial or other advertising material, (iii) causes the introduction of “viruses,” “worms,”“Trojan horses,” “bombs,” “cancelbots,” “phishing” or other destructive computer programming routines, (iv) violates any CTIA Guidelines, (v)constitutes “hate speech” or is obscene, offensive, threatening, defamatory, libelous, promotes or glamorizes alcohol abuse, illegal drug use or use of tobacco products, discriminatory, harassing, bullying, harmful, deceptive or intentionally misleading or inaccurate for commercial gain; (vi) infringes or misappropriates the intellectual property or proprietary information of any person including but not limited to copyright, patent, trademark or trade secret or right of privacy or publicity or any other personal or proprietary right of any person or party, (vii) violates any Applicable Law or relevant industry standard for application-to-person (“A2P”) messaging; (viii) includes any signal or impulse that could cause electrical, magnetic, optical, or other technical harm to the equipment or facilities of any person or party, or messages that are not in compliance with Applicable Law.
2. You will not use the Services to send or receive any non-consumer (A2P) messages (application-to-person one-way SMS to which recipients are not expected to reply) originating from or terminating to any 8XX toll-free telephone number. Company, in its sole discretion, may suspend the Services or terminate any Service provided under the Terms, with advance notice unless advance notice is not feasible or practicable under the circumstances, if: (i) necessary to comply with Applicable Laws or requirements of wireless service providers, shortcode service providers or licensors, mobile industry associations, and regulatory or governmental authorities; (ii) necessary to comply with a legal obligation owed to a party; (iii) a law or regulatory action prohibits, impairs or makes impractical the provision of the Services; (iv) there is use of the Services which Company determines may create liability or may be fraudulent, illegal, unauthorized or in violation of the AUP; or (v) there is unauthorized use or disclosure of confidential information or personal information. Company has a right of suspension and/or termination with immediate effect if the Customer: (i) is in arrears with any applicable payments; or (ii) sends traffic which leads to End User complaints. Company may provide notice of such termination by email or other delivery media.  
3. You will not use the Services in a way that could damage or overburden the Services or interfere with other users’ use or enjoyment of the Services.
4. You will not attempt to bypass or break any security mechanism on any of the Services or use the Services in any other manner that poses a security or service risk to Company or any of its users.
5. You will not attempt to reverse-engineer the Services in order to find limitations, vulnerabilities, or evade filtering capabilities.
6. You will not use the Services in any manner that may subject Company or any third party to liability, damages, or danger.
7. You will not launch or facilitate, whether intentionally or unintentionally, a denial-of-service attack on any of the Services or any other conduct that adversely impacts the availability, reliability, or stability of the Services.
8. You will not transmit any material that contains viruses, trojan horses, worms or any other malicious, harmful, or deleterious programs.
9. You will not use the Services in any manner that violates: industry standards; any third party policies including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction); or requirements that Company may communicate to its Customers including any usage requirements.
10. You will not engage in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations including the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy legislation in any other jurisdiction).
11. You will not use the Services in connection with any unsolicited or harassing messages (commercial or otherwise) including unsolicited or unwanted phone calls, SMS or text messages, voice mail, or faxes.
12. You will not use the Services to harvest or otherwise collect information about others, including email addresses or phone numbers.
13. You will not use the Services to engage in or in connection with fraudulent activity.
14. You will not use the Services to receive, send or otherwise process Protected Health Information as defined by the HealthInsurance Portability and Accountability Act of 1996 as amended, (“HIPAA”), except in compliance with HIPAA and the HIPAA rules.
15. You will not violate or facilitate the violation of any local, state, federal, or foreign law or regulation, including laws and regulations regarding the transmission of data or software.
16. You will not take any action to participate in, encourage, or promote any activity prohibited under this AUP or the Terms.
17. You will not use the Services to transmit any material that infringes the intellectual property rights or other rights of third parties.
18. You will not use the Services to transmit any material that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
19. You will not create a false identity or forged email address or header, or phone number, or otherwise attempting to mislead others as to the identity of the sender or the origin of a message or phone call. Using the Services, or any component of the Services, in any manner not authorized by Company.

You will also comply with the Participating Carrier Message Requirements, the CTIA Guidelines, and all Applicable Laws, including, but not limited to, the Telephone Consumer Protection Act (TCPA), FTC Truth in Advertising Rules, CAN-SPAM Act, any FCC regulations regarding the provision and revocation of consumer consent for communications, as well as any relevant industry standards, including for A2P messaging. Further, you will take reasonable measures to prevent XMS messages from containing any virus, Trojan horse, worm, back door, trap door, time bomb, drop-dead device, timer, clock, counter or other limiting routine, as well as any other instructions, designs, software routines, or hardware components designed to disable, erase, or otherwise harm software, hardware, data, text or any other information storable in electronic form.

You represent and warrant that You are the owner, agent, or authorized licensee of all rights, title and interest in and to any intellectual property, proprietary rights or other rights relating to any and all data, text, pictures, video, or any other type of form of information or content contained in the body of any communication, including XMS message.

Please note: This list of prohibited uses is provided by way of example and should not be considered exhaustive. All determinations related to violations of this AUP will be made by Company in its sole discretion.

Contact Us

If you have questions or concerns regarding this AUP, you may send an email to legal@freeclimb.com with “Attn: General Counsel” in the subject line. Or, if you prefer, please write to us at:

Vail Systems, Inc.
Attn: General Counsel
570 Lake Cook Road STE 400
Deerfield, IL 60015

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