Please read these Mobile Terms and Conditions of Use for Text Messaging Services ("Terms of Use") carefully as they govern your use of the services provided by Vayulogic, Inc ("Vayulogic" sometimes referred to as "We" or "Us" or "Our"). By using the services provided by Vayulogic (the "Services") all mobile users of the Services ("You"), You agree to the Terms of Use set forth below, and as they may be updated from time to time by Vayulogic. Vayulogic reserves the right to, and may, modify or terminate the Services without any notice, at any time, for any reason, and without liability to You or any other user or any third party. Vayulogic will use reasonable efforts to post notices and updates to these Terms and Conditions of Use on its website. You are advised to periodically check Our website for changes in the Terms of Use or other important notices to users.

How to Opt-in: To opt-in and subscribe to a specific merchant's or organization's (our "Partners") text communication program hosted on Our Service, You will be required to text our Partner's keyword name followed by "JOIN" as you see described on any of the specific Partner's specific advertisements, notices, or store displays, to the appropriate short code. (A "short code" is a particular 5-digit number assigned to Vayulogic.) You will then receive an opt-in message describing the specific Partner's text program including how frequently You can expect to receive texts from the Partner along with how to request more information (HELP) or discontinue participation (STOP). In some cases, You may also be sent a second message to re-confirm Your intent to opt-in.

How to Opt-out: To opt-out from a specific Partner's program hosted on Our Service, You can text the specific Partner's keyword(s) followed by "STOP" to the same short code from Your mobile phone, and we will promptly unsubscribe You from the specific Partner's text messaging program. Once unsubscribed, You should not receive any additional messages from that specific Partner until You opt-in again via Your phone. Alternatively, if You happen to be using Our Service to communicate with multiple Partners via the same short code and You wish to stop messages from all of the Partners, You may simply text to the same short code "STOP ALL" and Vayulogic will promptly terminate Your subscriptions from all of the Partners using Our Service on that short code.

How to get help or support: To get help, email Us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or call Our toll free number at 1-866-673-5950 (You may be required to leave a voice message and callback number.) From Your mobile phone, You may request Our contact information at any time by texting HELP into one of Our short codes.

Purpose and Description of Services. Vayulogic provides Partners with a means of communicating with their customers via SMS text messages to/from mobile phones. To use Our Services, You must use one of Vayulogic.s short codes and a unique Partner specific keyword name to engage in communication with that Partner. The use of such keywords in the Vayulogic Service does not grant You ownership or any other rights in such keywords (ownership of which is retained by Vayulogic), other than the right to use the keywords while utilizing its Services during periods of Your active subscription and use. Vayulogic may determine, in its sole discretion, to limit the use of the Services, impose data storage limitations, add or change fees for the Services, or otherwise modify the Services in the future. Any additions or modifications to the Services shall be in the sole discretion of Vayulogic and will be subject to these Terms of Use. Vayulogic uses reasonable efforts to make the Services available. However, there will be occasions when the Service will be interrupted for maintenance, upgrades and repairs, or due to actions or failures of wireless carriers, telecommunications networks or links, malicious third party activity, and equipment issues that are beyond the control of Vayulogic. By using the Services You agree that Vayulogic shall not be liable to You for any modification, suspension or discontinuance of the Services. You acknowledge and agree that these changes may take place, and that Vayulogic shall have no responsibilities to You or incur any liabilities to You or any third party stemming from such changes, whether noticed or not. Should You become dissatisfied in any way with the Services, Your sole remedy is to cease use of, and Opt-Out of the Services as provided.

Message & Data Rates May Apply. You understand and agree that Vayulogic does not have any influence or control over the particular and independent service plan or agreements You may have with Your wireless carrier. You are solely responsible for any and all fees, charges and expenses incurred by You in accessing and using the Services - including, but not limited to, standard text messaging rates and charges that will depend on the particular plan that You have with Your wireless carrier, as well as any charges or fees that may be imposed by the Partners whose messaging programs you participate in. Vayulogic does not itself nor do its Partners currently charge any fees to mobile users of the Services.

You understand and acknowledge that Vayulogic is a service provider, and does not control or generally review the substantive content of messages sent over the Services, either by You or by Partners. You understand and agree that by using the Services, You may be exposed to content that is offensive, indecent, unlawful, harmful or objectionable to You or others. Under no circumstances will Vayulogic be liable in any way for any content, including, but not limited to, the subject matter of any content, any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via Vayulogic, or for any loss or damage caused by any virus, worm or other malicious code introduced to the Service by a third party.

Service Suspension or Termination. Vayulogic reserves the right, in its sole discretion and at all times, to suspend or terminate the Service or Your access or use of the Services, and delete any and all content that, in whole or in part and for any reason, violates these Terms of Use. If You do violate these Terms of Use, Vayulogic reserves the right to share any related information it may otherwise have or collect with any third party potentially affected by such violations or potential violations. In addition, Vayulogic reserves the right at all times to disclose any of Your or any mobile user content as necessary to satisfy any law, regulation, judicial or legal process, governmental request or reasonable partner request, in Vayulogic's sole discretion.

Age Requirements and Limitations on Use of Services. Users of the Services must be at least 18 years of age. However, if You are at least 13 years old but not yet 18, You may use the Services if -- and only if --- You have Your parents' or guardians' prior permission. Children under the age of 13 are not permitted to use the Service for any reason, and no information of children under the age of 13 will be knowingly collected, processed or retained by Vayulogic. If Vayulogic determines that it has collected personally identifiable information of children under the age of 13, Vayulogic will promptly delete such information.

No Mission Critical Uses. The Services are not intended for use in any mission critical, emergency, or medical, life saving, or life sustaining applications. The Services are not designed, priced, nor intended for any use, program, or communications application in which the failure of the Service or any portion thereof could create a situation where any material risk of personal injury, death or serious property damage might result.

Disclaimer of Warranty and Limitations of Liability. Vayulogic expressly disclaims any responsibility or liability for the use of the Services by You. The Services, content, site and any software are provided on an "as is" and .as available. basis, without warranties of any kind, either express or implied, including, without limitation, any express or implied warranties of merchantability, fitness for a particular purpose or non-infringement of any intellectual property rights. Some states do not allow limitations on implied warranties, so the above limitations may not apply to you. Your use of the Services is done entirely at your our own discretion and risk. Vayulogic makes no warranty that (i) the Services will meet Your requirements, (ii) any user access will be uninterrupted, timely, secure or error-free, (iii) the quality of any content, products, Services, information or other material obtained by You or any user will meet expectations, (iv) any errors will be corrected, and (v) that any content transmitted over the Service is protected or secure. Under no circumstances shall Vayulogic be liable to You or any user on account of that user's use or misuse of and reliance on the site or Services. Such limitation of liability shall apply to prevent recovery of direct, indirect, incidental, consequential, special, exemplary, and punitive damages (even if Vayulogic has been advised of the possibility of such damages). Such limitation of liability shall apply whether the damages arise from use or misuse of and reliance on the site or Services, from inability to use the Services, or from the interruption, suspension, or termination of the Services or damages incurred by reason of other Services or goods received through or advertised on the Services. The foregoing disclaimers, waivers and limitations shall apply notwithstanding any failure of essential purpose of any limited remedy.

Indemnification. You agree to defend, indemnify, and hold harmless Vayulogic, its parents, subsidiaries, or affiliate merchant partners and other affiliated companies, and each and every of their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs and expenses, including reasonable attorney's fees, that arise from (i) use or misuse of the Services by You or any person to whom You have granted access to the Services, (ii) Your violation of any of these Terms of Use, or (iii) any other activity related to Your account (including negligent or wrongful conduct). Vayulogic reserves the right, at it.s own expense, to assume the exclusive defense and control of any matter otherwise subject to defense by You, in which event You will cooperate with Vayulogic and its counsel in the conduct of such defense.

Forum and Choice of Law. These Terms of Service shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or Your use of the Service shall be filed only in the state or federal courts located in the State of California, county of Santa Clara, and You further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.

Entire Agreement. These Terms of Use constitute the entire agreement between the You, the mobile user, and Vayulogic with respect to the subject matter contained herein and supersedes any other agreement, proposals and communications, written or oral, between Vayulogic and You with respect to the subject matter hereof. If a court should find that one or more rights or provisions contained in these Terms of Use are invalid, You agree that the remainder of the Terms of Use shall be and remain enforceable.

Security of Personal Information. Information submitted to Vayulogic through forms on the Website or the Services are as governed entirely according to Vayulogic.s Privacy Policy.

Member Account, Password, and Security. Vayulogic may, from time to time, host programs or activities or Services that may require You to establish a user account or site password. In such cases, You are and remain entirely responsible for maintaining the confidentiality of Your password and account information. Furthermore, You are entirely responsible for any and all activities that occur under Your account or using Your mobile phone or other wireless devices. You agree to notify Vayulogic immediately of any unauthorized use of Your account or any other breach of security or these Terms of Use. Vayulogic will not be liable for any loss that You may incur as a result of someone else using Your password, account, or mobile devices, either with or without Your knowledge. However, You could be held liable for losses incurred by Vayulogic or another party due to such uses by someone else. You may not use anyone else's account at any time, without the permission of the account holder. Vayulogic does not currently provide any Website user accounts or site passwords to mobile users of the Services.

Trademarks and Copyrights. All trademarks, brands and service marks used in conjunction with the website or Services by Vayulogic, Our Partners, or You, shall remain the property of Vayulogic, Our Partners, or their rightful owners, respectively. Vayulogic shall be the owner of all copyright and database rights in the Services. You may not publish, distribute, extract or reproduce any such content in any material form, except as it relates to Your personal use of the Services.

Vayulogic is a trademark of Vayulogic, Inc. in the U.S. and other countries. Amazon's Elastic Compute Cloud and Amazon EC2 are the trademarks, registered trademarks or trade dress of Amazon Web Services LLC and/or its affiliates in the U.S. and/or other countries. Other names and brands may be claimed as the property of others.