TEXT MESSAGE NOTIFICATIONS TERMS AND CONDITION

Triangle Software, LLC (“Triangle”) develops applications that enhance a user’s RightAngle experience. Some of these applications require alerts and notifications to be sent directly to the RightAngle user or to individuals monitoring RightAngle’s performance. The alerts and notifications can be sent via text message using a text messaging service, currently Microsoft. The terms and conditions for the receipt of such text messaging are set forth below.

License Requirement

All Triangle developed applications are licensed through a process that involves the execution of both a Master Software License Agreement (“MSLA”) and a Software Purchase Order (“SPO”). Both documents are required for the licensing of a Triangle developed product. Only the holders of a valid license to use a Triangle developed application and/or their agents, including, but not limited to, their affiliates, subsidiaries and employees, will be permitted to receive text message notifications.

Definitions

“Opting in,” and/or “Opt in,” refer to requesting, joining, agreeing to, enrolling in, signing up for, acknowledging, responding to, or otherwise consenting to receive one or more text messages from Triangle.
“Text Messages Service” includes any arrangement or situation in which Triangle sends one or more messages addressed to an individual’s mobile phone number, including text messages (such as SMS, MMS, or successor protocols or technologies).
“Opting out,” and/or “Opt out,” refer to an individual’s withdrawal of consent to receive text messages from Triangle.

Consenting to Text Message Notifications Terms and Conditions

An individual agreeing to receive text messages from Triangle also agrees to these Text Message Notifications Terms and Conditions and to Triangle’s Privacy Policy, which is incorporated herein by reference. The following is a link to Triangle’s Privacy Policy:

E-Sign Disclosure

An individual agreeing to receive text messages from Triangle also consents to the use of an electronic record to document the text message agreement between the individual and Triangle. An individual may withdraw such consent to the use of an electronic record by contacting Triangle customer service via email at support@TriangleSoftware.io, and Triangle will provide the individual with a hard copy of the text messaging agreement.

Microsoft’s Text Messaging Service Privacy Policy

“Opting In”

All Triangle developed applications that utilize text message notifications contain an “opt in” process within the application that an individual can use to give consent to the receipt of such text message notifications. An individual can also contact Triangle via email at support@TriangleSoftware.io to give such consent.

Costs of Text Messages

Triangle does not charge an individual for the text messages sent or received via the text messaging service, but standard message and data rates may apply.

Frequency of Text Messages

The purpose of the text messages sent by Triangle is to provide the individual with important and necessary information generated by the Triangle developed application. Triangle will not send any text messages that are not directly related to this purpose. Triangle will also not send any text messages that are personal in nature or marketing related
The frequency of text message notifications is specific to the Triangle developed application and can be dictated by the individual using the application based upon the individual’s own personal schedule. All Triangle developed applications that utilize text message notifications contain a frequency scheduling process within the application. An individual can also contact Triangle via email at support@TriangleSoftware.io to set up a text messaging schedule.

Opting Out of Text Messages

An individual can withdraw consent to receive text messages by simply reply to a text message with STOP, QUIT, END, REVOKE, OPT OUT, CANCEL or UNSUBSCRIBE. The individual can also withdraw consent by contacting Triangle via email at support@TriangleSoftware.io.

Contacting Triangle

An individual can contact Triangle for support or questions regarding these Text Message Notifications Terms and Conditions via email at support@TriangleSoftware.io.

Governing Law, Binding Arbitration and Fee Shifting

These Text Message Notifications Terms and Conditions are governed by the laws of the State of Oklahoma and any dispute over these Text Message Noficiations Terms and Conditions must be resolved through arbitration to be conducted under the rules and procedures established by the American Arbitration Association. The location of the arbitration will be Tulsa, Oklahoma unless the parties agree to another location. The prevailing party to any litigation involving these Text Message Notifications Terms and Conditions shall be entitled to the payment, from the other party, of reasonable attorney fees and costs incurred to prosecute such litigation.

Class Action Waiver

If permitted by applicable law, an individual consenting to the receipt of text messages under these Text Message Notifications Terms and Conditions waives the right to litigate in court or an arbitration proceeding any dispute regarding these Text Message Notifications Terms and Conditions as a class action, either as a member of a class or as a representative, or to act as a private attorney general.