Braze, Inc. Messaging Terms & Conditions
UNDER THESE TERMS & CONDITIONS, YOU ARE AGREEING TO BINDING ARBITRATION AND A CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.
1. OVERVIEW
These Messaging Terms & Conditions (these “Messaging Terms”) govern all communications to or from Braze, Inc. and its subsidiaries and affiliates (referred to collectively as “Braze”, “Company”, “we”, “us”, or “our”).
Communications include, without limitation, those made by or on behalf of Braze through the use of short messaging services (“SMS”), multimedia messaging service (“MMS”), over-the-top messages including, but not limited to, iMessage, WhatsApp, and Line, (“OTT”), or successor protocols or technologies (collectively, “Message(s)”) relating to the Braze mobile message service (the “Messaging Service” or “Service”).
To the extent permitted by applicable law, we may modify or cancel the Messaging Service or any of its features and/or modify the Messaging Terms at any time. If Braze makes a change to these Terms and that change has a material impact on the Service, you will be provided notice of that change using the contact information you have provided to us. Your continued use of the Service following such notice shall constitute your acceptance of such changes.
2. AGREEMENT DETAILS & NOTICES
a. Consent to Receive Messages
By signing-up for the Messaging Service, you are agreeing to receive ongoing and recurring transactional and marketing Messages from and on behalf of Braze through your wireless provider to the mobile number provided, including but not limited to, Messages sent using an autodialer and/or any other automated system or method.
These Messages may include, but are not limited to, sales, marketing, event and certification communications, insights, product updates, and personalized recommendations. You understand that you do not have to agree to receive automated Messages as a condition of purchasing any goods or services from Braze.
You acknowledge that Messages may be sent to your telephone number(s) even if your telephone number(s) is/are registered on any state or federal Do Not Call list. You agree to receive Messages from or on behalf of Braze, even if you terminate your business relationship with us, until you opt out. You can stop receiving messages at any time by following the Opt-Out Instructions below (Section 2(c)).
Your opt-in data and consent will not be shared with any third parties for their own marketing purposes. However, we may share opt-in data (1) with vendors, consultants and other service providers who need access to such information to carry-out work on our behalf; (2) if we believe disclosure is required by law; or (3) otherwise with your consent. For Service support or assistance, text HELP to the Braze sending number or email Braze support at [email protected].
b. Provision of Telephone Numbers and Other Contact Information
You verify that any contact information you provide to Braze including, but not limited to, your name, mailing address, email address, your residential, business and/or mobile telephone number(s), is true and accurate. You verify that you are the current subscriber or owner of any telephone number you provide. You are strictly prohibited from providing a phone number that is not your own. If we discover that any information provided in connection with your registration is false or inaccurate, we may suspend or terminate your account access and/or enrollment at any time. Should any of your contact information change, including ownership of your telephone number(s), you agree to immediately notify us before the change goes into effect by texting an opt-out request to the Braze sending number. If you get a new telephone number, you will need to complete the sign up for the Messaging Service again, and provide the new telephone number.
Braze will contact you using a Braze sending number. We may change the Braze sending number that we use to operate the Messaging Service at any time and will notify you of these changes. You acknowledge that we will not be responsible for any opt-out, HELP or other requests that you send to a sending number that we have changed after we have notified you of such change. We and mobile carriers are not liable for delayed or undelivered Messages.
To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Messaging Service, any errors in such information, and/or any action you may or may not take in reliance on the information contained in any Message or in connection with the Messaging Service.
c. Opt-out Instructions
You may opt out of automated Messages at any time by replying to any message received from Braze with one of the following opt-out commands: “STOP,” “UNSUBSCRIBE,” “QUIT,” “END,” “REVOKE,” “OPT OUT,” or “CANCEL”. When opting out of Messages, you acknowledge and agree to receive a final one-time opt-out confirmation Message; this message may also seek to clarify the scope of your opt-out.
It is your sole responsibility to notify us if you no longer want to receive automated Messages. You waive any rights to bring claims for unauthorized or undesired Messages by failing to opt-out. Please allow up to ten (10) days (unless otherwise required by applicable law) to process any opt-out request. Please note that even if you opt out of automated Messages, we reserve the right to send non-automated Messages to you in accordance with applicable law.
It is possible that third parties may have your contact information, and you may continue to receive communications from these third parties despite an opt-out request. We are not responsible for unwanted contact from third parties. Please contact these parties directly to inform them of your communication preferences.
For Service support or assistance, text HELP to the Braze sending number or email Braze support at [email protected].
d. Call Recording and Monitoring
You acknowledge that all communications, including Messages to, from, or through Braze, may be monitored and recorded and you consent to such monitoring and recording. To see how we collect and use your personal data, please see the Braze Privacy Policy.
e. Fees and Charges
There is no fee to receive automated Messages from us via the Messaging Service. However, you may incur a charge for these Messages from your mobile carrier or service provider, which is your sole responsibility. Messaging and data rates may apply. Check your telephone plan and contact your mobile carrier for details. You represent and warrant that you are authorized to incur such charges and acknowledge that Braze is not responsible for such charges. Your obligations under this provision will survive termination of these Messaging Terms.
f. Unauthorized Use of Your Telephone Device
You must notify us immediately of any breach of security or unauthorized use of your telephone device. You may be liable for any losses caused by any unauthorized use of your telephone device. Braze, our authorized agents and affiliates will not be liable for such losses.
g. Your Indemnification to Us
You agree to indemnify Braze for any privacy, tort, or other claims, including claims under the Federal Telephone Consumer Protection Act or any state law equivalents, relating to your voluntary provision of a telephone number that is not owned by you and/or your failure to notify us of any changes in your contact information, including telephone number. You agree to indemnify, defend, and hold us harmless from and against any and all such claims, losses, liability, costs, and expenses (including reasonable attorneys’ fees). Braze shall have the exclusive right to choose counsel, at your expense, to defend any such claims. Your obligations under this Section will survive expiration or termination of these Messaging Terms.
h. Release of Claims
In consideration of the services provided by Braze, you hereby release Braze from any and all claims, causes of action, lawsuits, injuries, damages, losses, liabilities, or other harms resulting from or relating to Messages including, without limitation, any claims, causes of action or lawsuits based on any alleged violations of the law (including, without limitation, the Telephone Consumer Protection Act, Truth in Caller ID Act, Telemarketing Sales Rule, Fair Debt Collection Practices Act, or any similar state and local acts or statutes, and any federal or state tort or consumer protection laws).
i. General
You are responsible for obtaining and maintaining all telephone devices and other equipment and software, and all internet service provider, mobile service, and other services needed to receive Messages. Messaging may only be available to customers of select carriers with compatible devices.
3. DISPUTE RESOLUTION
If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section are deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Braze agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act.
a. Binding Arbitration and Class Action Waiver
This Section applies to any dispute between you and Braze. The term “dispute” means any dispute, action, or other controversy between you and Braze arising out of, relating to, or in connection with the Messages, these Messaging Terms and the Braze Privacy Policy, your use and/or enrollment in the Messaging Service, and/or your relationship with Braze, whether in contract, warranty, tort, statute, regulation, ordinance or any other legal or equitable basis. The term “dispute” will be given the broadest possible meaning allowable under law.
b. Legal Notice
In the event of a dispute, you or Braze must give the other a Legal Notice, which is a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. Legal Notices to Braze shall be addressed to the attention of its General Counsel at [email protected] with email subject “Legal Notice.” Braze will send any Legal Notice to you by U.S. Mail to your address if we have it, or otherwise to your email address or such other contact information that we may have. You and Braze will attempt to resolve any dispute through informal negotiation within 60 days from the date the Legal Notice is sent. After 60 days, you or Braze may commence arbitration.
c. Small Claims Court
Notwithstanding the foregoing, you may litigate any dispute (other than excluded disputes) in small claims court in your country of residence or New York County, New York, U.S.A. if the dispute meets all requirements to be heard in the small claims court. You may litigate in small claims courts whether or not you negotiated informally first.
d. Binding Arbitration
If you and Braze do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by individual confidential binding arbitration governed by the Federal Arbitration Act (“FAA”). Class arbitrations are not permitted. You are giving up the right to litigate disputes in court before a judge or jury (or participate in court as a party or class member). Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final, except for a limited right of appeal under the FAA. You will have a reasonable opportunity to participate in the process of choosing the arbitrator. Any court with jurisdiction over the parties may enforce the arbitrator’s award.
e. Class Action Waiver
Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Braze will seek to have any dispute heard as a class action, Private Attorneys General Act action, or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another, except as provided in subsection (f) below.
f. Arbitration Procedure
Any arbitration will be conducted by JAMS under its comprehensive arbitration rules and procedures. If you are a consumer (as defined under JAMS rules), the JAMS Consumer Arbitration Minimum Standards will also apply, which include the right to an in-person hearing. If you are represented by counsel and/or a law firm who alone, or acting in coordination with other counsel/law firm(s), represent a total of five (5) or more claimants seeking to assert similar demands against Braze or Related Parties (as defined by JAMS rules), JAMS Mass Arbitration Procedures and Guidelines shall apply.
You agree to commence arbitration only in your county of residence or in New York, New York, U.S.A. The arbitrator is authorized to award all relief, and only that relief, available under applicable law (i.e., the relief that would have been available to the parties had the dispute been heard in court), subject to these Messaging Terms. Any exchange of information will adhere to the JAMS rules. The arbitrator's award will consist of a written statement providing for the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. For more information, review the JAMS website. You or Braze may seek any interim or preliminary relief from a court of competent jurisdiction, necessary to protect our or your rights or property pending the completion of arbitration.
If you are a consumer (as defined under JAMS rules) and you commence arbitration against Braze, the only fee required to be paid is an initial case management fee which is approximately equivalent to current court filing fees. All other costs will be borne by Braze. If Braze commences arbitration against you and you are a consumer, Braze will pay for all costs associated with the arbitration. If you are not a consumer, then you and Braze each will pay a pro rata share of the arbitration costs. The parties are responsible for paying their own attorneys' fees. For arbitrations outside of New York, the arbitrator shall have the authority to award attorneys’ fees and costs to the prevailing party if such an award is allowed by law. For arbitrations within New York, the arbitrator shall have the authority to award attorneys’ fees and costs to a claimant who prevails against Braze if such an award is allowed by law.
g. Claims or Disputes Must Be Timely Filed
To the extent permitted by law, any claim or dispute to which this Dispute Resolution provision applies must be filed within one year in arbitration pursuant to the Binding Arbitration Section of these Messaging Terms, unless a longer limitations period for bringing such claims is provided by law. The limitations period begins when the claim or Legal Notice first could be filed. If such a claim or dispute is not filed within the relevant limitations period, it is permanently barred.
h. Conflict with JAMS Rules
These Messaging Terms govern to the extent they conflict with JAMS Comprehensive Arbitration Rules and Procedures.
i. Severability
If the Class Action Waiver Provision of these Messaging Terms is found to be illegal or unenforceable as to all or some parts of a dispute, then it will not apply to those parts. Instead, those parts of the dispute will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of this Section is determined to be illegal or unenforceable, that determination will not affect the validity or enforceability of any other provision, all of which shall remain in full force and effect. If necessary to effectuate the intent of the parties to resolve a dispute through arbitration, a court of competent jurisdiction should reform this Agreement.
j. Injunctive Relief
The foregoing Sections of this Dispute Resolution provision will not apply to any legal action taken by Braze to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to or arising out of any Messages, the Messaging Service, Braze’s operations, and/or Braze’s products or services.
k. Jurisdictional Issues
Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any dispute arising hereunder may only be instituted in state or federal court in New York. Accordingly, you and Braze consent to the exclusive personal jurisdiction and venue of such courts for such matters.
l. Governing Law
These Messaging Terms and any additional terms will be governed by, and construed in accordance with, and any dispute and excluded dispute will be resolved in accordance with, the laws of the State of New York, without regard to its conflicts of laws provisions.