Terms and Conditions

These Terms and Conditions ("Terms") govern access to and use of the web-based Software as a Service platform (the "Platform") provided by HIEBA SYSTEM SOLUTIONS LLC ("Company," "we," "us," or "our") to business customers ("Customers") under an executed Master Services Agreement ("MSA"). This includes the account notification program described in Section 3 below. By accessing or using the Platform, Customers and their Authorized Users agree to these Terms.

1. Relationship to the Master Services Agreement

The Platform is made available to Customers under a separately executed MSA. These Terms govern the Platform generally and the SMS/text notification program specifically. In the event of a direct conflict between these Terms and the MSA regarding SMS notifications, these Terms control for purposes of messaging compliance.

2. Eligibility

The Platform is a business-to-business service intended for use by Customers and their authorized personnel ("Authorized Users") in connection with a paid subscription. It is not offered to individual consumers as a standalone consumer product.

3. SMS / Text Message Notification Program

3.1 Program Description

The Platform allows Customers to enable SMS text message delivery of account-related notifications to their Authorized Users. This program is limited to the following message types:

Account and system status alerts
Security notifications and authentication codes
Operational and workflow notifications configured by the Customer within the Platform
Service-related administrative notices

This is not a marketing or promotional messaging program. The Platform is not used to send advertising, promotional offers, or third-party marketing content via SMS, and phone numbers collected for this program are not used or shared for such purposes.

3.2 Opt-In Method

An Authorized User's mobile number is enrolled in the notification program when the Customer configures SMS as a notification channel within the Platform and the Authorized User's account is provisioned with a mobile number for that purpose. Enrollment occurs in connection with the Customer's use of the Platform under its MSA, not through a public consumer sign-up form.

Consent to receive SMS notifications is not a condition of purchasing or subscribing to the Platform. Customers and Authorized Users may use the Platform through alternative notification channels (e.g., email or in-app notifications) without enabling SMS.

3.3 Message Frequency

Message frequency varies based on the notification settings configured by the Customer and the Authorized User's account activity. Authorized Users may receive multiple messages per month depending on usage.

3.4 Message and Data Rates

Message and data rates may apply. Standard messaging rates from the Authorized User's wireless carrier apply to messages sent and received through this program. HIEBA SYSTEM SOLUTIONS LLC is not responsible for carrier charges.

3.5 Opt-Out (STOP) and Help (HELP)

Authorized Users may opt out of SMS notifications at any time by replying STOP to any message received. A confirmation message will be sent, and no further SMS messages will be sent to that number unless the Authorized User re-enrolls. Reply HELP to any message to receive support contact information. Authorized Users may also manage SMS preferences directly within the Platform.

Opting out of SMS notifications does not affect the Customer's underlying subscription to the Platform. Authorized Users who opt out may continue to receive account notifications through other enabled channels (e.g., email).

3.6 Supported Carriers

Carriers are not liable for delayed or undelivered messages. Message delivery is subject to effective transmission from the Authorized User's wireless provider network.

3.7 No Sharing for Marketing Purposes

Mobile phone numbers and SMS opt-in status collected through this program are not sold, rented, or shared with third parties or affiliates for marketing or promotional purposes. Data is shared only with subprocessors strictly necessary to deliver messages (e.g., SMS gateway and carrier infrastructure providers), as described in our Privacy Policy.

4. Acceptable Use

Customers and Authorized Users agree not to use the Platform to violate applicable law, infringe intellectual property rights, transmit malicious code, attempt unauthorized access to systems or data, or interfere with Platform operation.

5. Subscription and Payment

Fees, billing cycles, and payment terms are governed by the applicable MSA and order form between the Customer and HIEBA SYSTEM SOLUTIONS LLC.

6. Intellectual Property

The Platform, including all software, design, and underlying technology (excluding Customer Data), is owned by HIEBA SYSTEM SOLUTIONS LLC and protected by applicable intellectual property laws. No rights are granted except as expressly stated in these Terms or the MSA.

7. Customer Data

Customers retain ownership of data submitted to the Platform ("Customer Data"). HIEBA SYSTEM SOLUTIONS LLC processes Customer Data solely to provide the Platform, consistent with the MSA and Data Processing Agreement.

8. Termination

Access to the Platform may be suspended or terminated in accordance with the applicable MSA, or immediately in the event of a material violation of these Terms, including misuse of the SMS notification program.

9. Disclaimers

THE PLATFORM IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, HIEBA SYSTEM SOLUTIONS LLC SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING FROM USE OF THE PLATFORM OR THE SMS NOTIFICATION PROGRAM, INCLUDING DELAYED OR UNDELIVERED MESSAGES.

11. Governing Law

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles, unless otherwise specified in the applicable MSA.

12. Changes to These Terms

We may modify these Terms at any time. Material changes will be communicated via email or Platform notice. Continued use of the Platform or the SMS notification program after changes take effect constitutes acceptance of the updated Terms.

13. Contact

HIEBA SYSTEM SOLUTIONS LLC
Website: hiebasystemsolutions.com
‍Support Email: support@hiebasystemsolutions.com
‍Legal Email: legal@hiebasystemsolutions.com

This document reflects the notification and messaging practices of the HIEBA SYSTEM SOLUTIONS LLC Platform as described by the Company. It is provided for general informational purposes and does not constitute legal advice. Legal counsel should review these Terms for compliance with applicable law, including TCPA and CTIA Messaging Principles, prior to reliance in any carrier or A2P 10DLC review.