These SMS Terms & Conditions (the “SMS Terms”) govern the short message service (SMS) text messages sent by Ex-Im America Ltd, a corporation incorporated under the laws of the State of Wyoming, United States, trading as SimulTrayd (“SimulTrayd”, “we”, “us” or “our”), to any mobile telephone number (a “Mobile Number”) supplied to us by a user of the SimulTrayd platform (“you” or the “User”). The messages described in clause 2 are referred to as the “Messages” and the service by which we send them as the “Program”.
1. Acceptance and scope
1.1 By selecting SMS as your verification channel, supplying a Mobile Number and affirmatively indicating your agreement at the point of collection, you consent to receive the Messages at that Mobile Number and you agree to be bound by these SMS Terms.
1.2 These SMS Terms are supplemental to, and incorporate by reference, our Terms of Use and our Privacy Policy. In the event of a conflict between these SMS Terms and the Terms of Use in respect of the subject matter of the Program, these SMS Terms shall prevail.
1.3 Your consent to the Program is not a condition of any purchase, and is not a condition of registering for, or continuing to hold, a SimulTrayd account. A User who does not consent may elect to receive verification codes by electronic mail, as provided in clause 9.
2. Description of the Program
2.1 The Program consists solely of one-time verification codes transmitted to your Mobile Number for the purpose of authenticating your identity when you sign in to your SimulTrayd account, request a replacement code, or modify your security settings.
2.2 SimulTrayd does not transmit marketing, promotional, advertising or solicitation content by SMS under the Program, and will not do so. All other communications, including account notices and operational correspondence, are sent by electronic mail to the address recorded on your account.
2.3 For the avoidance of doubt, no Message is sent under the Program except in response to an action initiated by you or by a person using your account credentials.
3. Message frequency
3.1 Message frequency varies and is determined by your own sign-in activity. We do not send recurring Messages on a fixed schedule and we do not send Messages you have not triggered.
4. Costs and charges
4.1 Message and data rates may apply.
4.2 SimulTrayd imposes no charge for the Messages. Your mobile network operator may charge you for receiving them, including while roaming outside your home network, and any such charge is a matter between you and that operator. You should consult your operator’s price plan before electing to receive the Messages.
5. Withdrawal of consent and cessation of Messages
5.1 By reply to a Message. You may withdraw your consent at any time by replying STOP to any Message received from us. No further Messages will be sent to that Mobile Number following receipt of your request.
5.2 Consequence of withdrawal. Because the Program consists exclusively of verification codes, a request under clause 5.1 will also prevent the delivery of sign-in codes to that Mobile Number. You acknowledge that the resulting suppression is recorded and enforced by our messaging service provider and not by SimulTrayd, and that SimulTrayd is unable to reverse it. Delivery may be resumed only by your replying START to the same number.
5.3 Continuity of access. Withdrawal of consent under this clause does not suspend, restrict or terminate your SimulTrayd account. Upon your next sign-in we will transmit your verification code to the electronic mail address recorded on your account, change your verification channel to electronic mail, and notify you by electronic mail of the steps required to reinstate SMS.
5.4 By change of setting. You may alternatively cease receiving the Messages without withdrawing consent under clause 5.1, by signing in to your account, opening Security Settings and changing your verification channel to electronic mail. This method is reversible by you at any time and is the method we recommend.
6. Support
6.1 You may obtain assistance in respect of the Program by replying HELP to any Message, or by contacting support@simultrayd.com.
6.2 If you receive a Message and do not hold a SimulTrayd account, or receive verification codes you did not request, please notify us at the address in clause 6.1. Such a Message may indicate that a third party is attempting to access an account, or that the Mobile Number has been reassigned to you by an operator.
7. Delivery; limitation of liability of carriers
7.1 Delivery of the Messages is dependent upon mobile network operators and upon regulatory conditions in the destination territory, and is not guaranteed. Messages may be delayed, degraded or undelivered for reasons outside our reasonable control, and SMS delivery is not available in every territory.
7.2 Mobile carriers are not liable for delayed or undelivered messages.
7.3 Nothing in this clause 7 excludes or limits any liability which cannot lawfully be excluded or limited.
8. The Mobile Number
8.1 You represent that you are the subscriber to, or the authorised user of, the Mobile Number you supply, and that you are authorised to consent to the Messages in respect of it.
8.2 You agree to update your Mobile Number in Security Settings promptly if it ceases to be yours. Mobile numbers are reassigned by operators, and an out-of-date number may result in verification codes relating to your account being transmitted to a third party.
9. Alternative means of verification
9.1 Electronic mail is available as an alternative verification channel at all times. The verification screen provides the option to have a code sent to the electronic mail address recorded on your account in place of SMS. Access to your account is therefore not contingent upon the delivery of any Message.
10. Mobile information and privacy
10.1 We collect your Mobile Number for the sole purpose of transmitting the Messages and confirming that the Mobile Number is capable of receiving them.
10.2 Mobile information of the end user opting in to the message program will never be shared or sold to third parties for marketing or promotional purposes. We disclose the Mobile Number to our messaging service provider solely to the extent necessary to effect delivery of the Messages, and to such other persons as may be required by law.
10.3 Our Privacy Policy sets out the basis on which we process the Mobile Number, the period for which it is retained and the rights available to you in respect of it, and is incorporated into these SMS Terms by reference.
11. Amendment
11.1 We may amend these SMS Terms from time to time. The version in force is the version published at this address, bearing the effective date shown above.
11.2 Where an amendment materially alters the content or frequency of the Messages, we will notify you by electronic mail before it takes effect. Your continued receipt of the Messages following the effective date of an amendment constitutes acceptance of it.
12. Governing law
12.1 These SMS Terms, and any dispute or claim arising out of or in connection with them or their subject matter, shall be governed by and construed in accordance with the laws of the State of Arizona, United States, without regard to its conflict of laws principles, and the dispute resolution provisions of the Terms of Use shall apply.
13. Contact
Ex-Im America Ltd, a Wyoming corporation trading as SimulTrayd
20551 North Pima Road, Suite 200
Scottsdale, Arizona 85255, United States
support@simultrayd.com
tradedesk.simultrayd.com
SimulTrayd is a service of Ex-Im America Ltd, a corporation incorporated in the State of Wyoming, United States, with its corporate headquarters at 20551 North Pima Road, Suite 200, Scottsdale, Arizona 85255.