The rules we both work by.
These Terms govern use of the messaging and automation platform provided by Corvanth LLC (“Corvanth,” “we,” “us”). By opening an account or using the service, you (“Customer”) agree to them.
1. The service
Corvanth provides software that conducts and manages conversations with Customer’s contacts on Customer’s behalf. Corvanth operates the platform and the sending infrastructure; messages present under the display name Customer configures. Corvanth is the platform provider, not a party to Customer’s relationship with its own contacts, and does not provide insurance, legal, or financial advice.
2. Accounts and eligibility
- Customer must be a business, and the person opening the account must be authorized to bind it.
- Customer is responsible for the security of its account credentials and for activity that occurs under its account.
- Customer must provide accurate account information and keep it current.
3. Customer responsibilities
These obligations are the core of the arrangement, because Customer controls who is contacted.
- Consent. Customer represents and warrants that it has obtained, and can evidence, valid prior express written consent from every contact it uploads or connects, sufficient to permit the messages it asks us to send.
- Accuracy. Customer is responsible for the accuracy and currency of its contact lists and consent records, including removing contacts it no longer has permission to message.
- Its own compliance. Customer is responsible for its compliance with laws applicable to its business and its communications, including the Telephone Consumer Protection Act, state telemarketing and insurance regulations, and applicable licensing requirements.
- Content. Customer is responsible for the substance of the offers and claims it asks the service to communicate.
4. Our responsibilities
- We verify a consent record before each message is sent, and we do not send where consent cannot be shown.
- We honor opt-out requests immediately and permanently, across every channel, without requiring Customer’s approval.
- We give Customer the ability to read, redirect, or take over any conversation the service is conducting.
- We process Customer’s data only to provide the service, as described in our Privacy Policy.
5. Messaging compliance
Recipients may reply STOP at any time to stop messages, and HELP for assistance. Opt-outs are processed immediately and permanently and cannot be overridden by Customer. Message and data rates may apply to recipients. Message frequency is described in our Privacy Policy.
Corvanth may suspend sending for an account where it has a reasonable basis to believe messages are being sent without valid consent or in violation of law or carrier rules.
6. Acceptable use
Customer may not use the service to:
- Contact anyone who has not given valid consent, or who has opted out.
- Send unlawful, deceptive, harassing, or misleading content, or content prohibited by carrier rules (including, where applicable, content relating to controlled substances, illegal products, or high-risk financial offers).
- Impersonate another person or business, or misrepresent the origin of a message.
- Upload contact data obtained by scraping, purchase, or any means other than the contact’s own consent.
- Interfere with, probe, or attempt to gain unauthorized access to the service.
7. Data ownership
Customer’s contact data and the conversations conducted on its behalf belong to Customer. We process that data to provide the service; we do not sell it, share it between customers, or use it to train models for anyone else. On termination, Customer may export its data in a usable format, and we will delete or return the remainder except where retention is legally required.
8. Fees and payment
Fees, billing cycle, and payment terms are set out in the order form or written agreement between Corvanth and Customer, and are not published here. Invoices are payable according to those terms. Customer is responsible for any sales, use, or similar taxes arising from the service, other than taxes based on Corvanth’s income.
9. Intellectual property
The platform, its software, and all related intellectual property remain Corvanth’s. Customer receives a non-exclusive, non-transferable right to use the service during the term. Customer’s name, marks, and content remain Customer’s, and Customer grants us the limited right to use them as needed to present messages under Customer’s display name.
10. Disclaimers
The service is provided “as is.” We do not warrant that it will be uninterrupted or error-free, or that any particular business result will follow from its use. Carriers are not liable for delayed or undelivered messages, and message delivery depends on networks we do not control.
To the fullest extent permitted by law, Corvanth disclaims all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to Customer.
11. Limitation of liability
To the fullest extent permitted by law, neither party is liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, or lost data, arising out of or relating to these Terms, even if advised of the possibility of such damages.
Except for Customer’s payment obligations and either party’s indemnification obligations under section 12, each party’s total aggregate liability arising out of or relating to these Terms will not exceed the total fees paid or payable by Customer to Corvanth in the twelve months preceding the event giving rise to the claim.
12. Indemnification
Customer will defend, indemnify, and hold harmless Corvanth and its officers, employees, and agents from and against any third-party claim, and any resulting loss, liability, damage, penalty, fine, cost, or expense (including reasonable attorneys’ fees), arising out of or relating to: (a) Customer’s lack of valid consent for any contact it uploads or connects; (b) the content of the messages Customer asks the service to send; (c) Customer’s breach of these Terms, including sections 3 and 6; or (d) Customer’s violation of applicable law, including the Telephone Consumer Protection Act and state telemarketing or insurance regulations.
Corvanth will defend, indemnify, and hold harmless Customer against any third-party claim alleging that the platform itself, used in accordance with these Terms, infringes that third party’s intellectual property rights.
The party seeking indemnification will promptly notify the other of the claim, give the indemnifying party control of the defense, and provide reasonable cooperation. The indemnifying party may not settle a claim in a way that imposes liability or an admission on the other party without its written consent.
13. Term and termination
Either party may end the arrangement on thirty (30) days’ written notice. We may suspend or terminate immediately for non-payment, for a breach of section 6, or where continuing would expose us to legal or carrier risk. On termination, Customer’s data leaves with Customer in a usable format, promptly.
14. Governing law
These Terms are governed by the laws of the State of New Mexico, without regard to its conflict-of-laws rules. Disputes arising out of or relating to these Terms will be resolved exclusively in the state or federal courts located in New Mexico, and each party consents to the personal jurisdiction and venue of those courts.
15. Changes
We may update these Terms. Material changes take effect thirty (30) days after notice, and continued use after that date means Customer accepts them.
16. Contact
- Email: Ops@corvanth.com
- Telephone: 505-814-9114