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Wix Communication Services Terms of Use

Last Revised: Dec 3, 2023

These Communication Services Terms of Use (hereinafter, the “Communication Services Terms”) are an agreement between Wix.com Ltd. (hereinafter, “Wix”, “us” or “we”) and you, and together with the general Wix Terms of Use (the “General Terms” and collectively: the “Terms”) set forth the terms and conditions which govern your use of any Wix service that allows you to communicate with your customers and visitors using phone calls or SMS via the Wix platform, including (but not limited to) the Virtual Number service, the Wix SMS service,  Wix Bookings’ SMS Reminder service (all as further detailed in Section 1 below), and other similar services (each a “Communication Service” and collectively “Communication Services”). The Communication Services shall be deemed to be part of the "Wix Services" as such term is defined in the General Terms.  In event of a difference between these Communication Services Terms and the General Terms, the terms set forth herein shall prevail to the extent they relate to your use of Communication Services, otherwise the General Terms shall prevail. Any capitalized terms used herein and not otherwise defined herein, shall have the meaning ascribed to them in the General Terms.

 

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PLEASE Read these Communication Services Terms carefully before accessing or using the Communication Services. By accessing or using the Communication Services, you agree to be bound by the terms and conditions set forth herein. If you do not wish to be bound by the Communication Services Terms, you may not access or use the Communication Services and should immediately cease such use. Wix may modify these Communication Services Terms at any time, and you agree to review the Communication Services Terms periodically to be aware of such modifications. Your continued access or use of the Communication Services shall be deemed your conclusive acceptance of any modified Communication Services Terms.

1. Description of Services

These Communication Services Terms apply to Users that use one or several of the following products:

  1. Wix Virtual Number Service is a virtual telephone service, which enables  you to separate your personal and business telephone lines on the same device. This service allows you to choose a new phone number (either toll-free or local), route all your business calls and send and receive text messages to a second phone number on your same mobile device. In addition, you may customize a greeting to answer your business  calls,  schedule call hours, dial out using the device’s native dialer, send and receive text messages, voicemail and voicemail transcription services.

  2. Wix SMS is a virtual service used to send SMS to your customers. The Wix SMS service enables you to send direct and automated text messages to your customers’ mobile phone, regarding bookings, restaurant reservations, and more. 

  3. Any other services included in any of the Wix products and with which Wix enables you to send communication through calls or SMS to your users (for example, for bookings of services, restaurant or events reservations, and more).

2. Account Registration

  1. The use of the Communication Services may require you to complete a set-up process of a specific number for the use of the Communication Service (the "Account"). When setting up the Account you may be requested: (i) to provide a phone number to receive a call or SMS from us or from a third party so that we or the third party may authenticate your Account registration.  You acknowledge and agree that your phone carrier may charge you for such incoming call or SMS; and (ii) for registration information, which may include your address, name, email address, account password, phone number, and/or other information.

  2. You hereby consent and allow Wix to: (i) import and store contacts from your device and from third party services through connections enabled by you through the Communication Services, and (ii) identify you (by the name and phone number provided during registration) to third parties with whom you communicate using the Communication Services. You acknowledge that if you do not agree to make your contacts available, your use of the Communication Services will be limited.

  3. You agree that Wix may contact you at the mobile phone number you provide in the registration process, in connection with your Account and/or set-up issues. 

  4. Your Account is for your personal use or business use, and may not be sold, transferred or assigned by you to any third party.

3. Billing and Payment

  1. The use of the Communication Services may be subject to payment of particular fees, as determined by Wix in its sole discretion, from time-to-time.  Wix reserves the right to require payment of the applicable fees in advance.

  2. In the event you do not pay the fees as required, we reserve the right to suspend your use of the Communication Services until the fees are paid as requested.

  3. Prices are subject to change at any time, but an increase of the fee will become in effect in relation to existing Accounts, only in the next billing cycle or contract period. We will provide you with prior notice of any price fee increase , and you will have the ability to cancel your automatic renewal of the subscription before the new price becomes in effect.

  4. If you do not provide Wix valid billing information, or any other information or documents as requested by Wix for the purpose of verifying your identity and the nature of your business, and/or in event you fail to pay the Fees as required, your Account will be suspended or terminated until such are provided or paid by you. Upon the expiration of your subscription, unless terminated as provided herein, your subscription will renew automatically at the then current pricing, based on your subscription renewal cycle.

  5. There are no refunds or credits for partial months of Service, plan downgrades, or refunds for unused time if you cancel your Communication Service before the end of your subscription period.

4. Third Party Services

  1. The Communication Services may include features that are controlled by third parties or allow access to certain Third-Party Services (including services provided by our partners), which may include, without limitation, API platforms, phone and SMS and other text messaging services (“Third Party Service(s)”).

  2. You acknowledge that it may be necessary for the Third Party Service providers to access your Customer Information to respond to any technical problems or Customer queries and to ensure the proper operation of such Third Party Services.

  3. The Third Party Services include, among others, the services of Twilio Inc. ("Twilio"). You are required to comply with the Terms of use of Twilio and the Twillio’s Acceptable Use Policy (together, the “Twillio Terms) and failure to do so will be deemed failure to comply with these Communication Services Terms. You acknowledge and consent that in the event you violate the Twilio Terms, Twilio shall be entitled to all remedies awarded to it under applicable law and the Twilio Terms, as if you were a direct customer of Twilio and you further acknowledge and agree that in such event Wix shall be entitled, at its sole discretion, among other things, to suspend or cancel your use of the Communication Services (or certain features thereof), as well as the provision of the Third Party Services to you.

5. Prohibited Activities and Compliance with Applicable Law

5.1 You acknowledge and agree that you will not:

5.1.1 Create or transmit any content or communications using the Communication Services that are obscene, abusive, harassing, malicious, threatening, defamatory, racist, fraudulent, libelous, harmful to minors or that may violate or infringe the rights or privacy of third parties, as may be determined by Wix based on their sole discretion, including due to requirements by Third Parties; (ii) send spam or advertisements in violation of applicable law or without the advance consent of the recipient when applicable ; (iii) engage in bulk messaging, robocalling, auto-dialing, ID spoofing, or similar deceptive practices; (iv) toll fraud and/or traffic pumping; and (v) any activity prohibited under and according to relevant Third Party Services terms including but not limited to  Twillio’s Acceptable Use Policy and Twillio’s Messaging Policy.
 

5.1.2 Send any unethical, false or misleading advertising, promotions or sales efforts and practices.
 

5.1.3. Transmit any material that contains a virus or corrupted data;
 

5.1.4. Import or incorporate any of the following information into any lists, emails or uploads to our servers: Social Security numbers, passwords, security credentials, sensitive personal information or any “protected health information” as that term is defined in 45 C.F.R. 160.103.
 

5.1.5. ​If you use the Communication Services for any promotion, you will ensure that the rules for each promotion (i) state that each entrant unconditionally releases us of any liability arising from the promotion, and (ii) inform each entrant that the promotion is in no way sponsored, endorsed or administered by, or associated with Wix;
 

5.1.6. Use or launch any automated system that accesses the Service (i.e., bot) in a manner that sends more request messages to a Service server in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser;

 

5.1.7. Use the Services in any manner that violates: industry standards; any third party policies including all of the applicable guidelines published by the CTIA, the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines (or any similar or analogous industry standards, third party policies or requirements in any other jurisdiction), or requirements that Wix may communicate to its End Users including any usage requirements;
 

5.1.8. Bypass Wix Security measurements, create or introduce any security threat to Wix, its End Users and Third Party Services providers. 
 

5.1.9. Attempt to mislead Wix or others as to your identity, the identity of the caller or the origin of the phone call;
 

5.1.10. Send, offer, or sell any content, products, and/or services, which violate any Third Party Services Terms including but not limited to Twilio's Messaging-Policy and Twillio’s Acceptable Use Policy, in particular those related to cannabis, CBD, and other illegal substances or goods (even in states or jurisdictions where such activity is legal); pornography or illicitly pornographic sexual products; prostitution/sale of sexual activities;or that are frequently associated with spam, such as online and direct pharmaceutical sales, debt relief offerings, work-at-home offers promoting “get rich quick”, etc.

5.1.11. Use the Wix SMS product in order to send marketing content to your customers.
 

5.2  You acknowledge and agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your User Account, including without limitation the electronic transmission of Messages and calls that you create and initiate through the Service (such laws that may apply to you are: the  CAN-SPAM Act of 2003, the Directive 2002/58/EC of the European Parliament and of the Council of 12 July 2002, The General Data Protection Regulation (GDPR) (EU) 2016/679 and the Telephone Consumer Protection Act of 1991). Without limiting the foregoing, you agree to familiarize yourself with the legalities requirements of any Messages, calls, broadcasts, and campaigns transmitted through the Service by visiting the following websites: Federal Trade Commission, https://www.ftc.gov/ Federal Communications Commission, https://www.fcc.gov/, DoNotCall Registry Info, https://www.donotcall.gov/

 

5.3  Nothing herein shall be construed to interpret any laws, rules, or regulations. The guidelines and obligations above are not intended to replace your responsibility to seek legal advice and comply with all legal requirements in connection with your use of the Communication Services.

 

5.4 You are responsible for compliance with the provisions of the Communication Services Terms by your team members and End Users and for any and all activities that occur under your Account. Without limiting the foregoing, you are solely responsible for ensuring that use of the Communication Services, including for transfer of data, will be done in full compliance with all applicable laws and regulations, as well as any and all privacy policies, agreements or other obligations you are subject to.

 

You hereby agree to indemnify and hold Wix harmless from any and all claims, damages, losses or liabilities of any nature whatsoever (including all expenses and attorney fees) arising out of or concerning your use in any manner of the Communication Services.

6. Termination

  1. If you are in breach or suspected breach of these Communication Services Terms or if we are notified by any of our Third Party Service providers, that you are in breach of their terms, we or any such Third Party Service provider may, at our or their sole discretion, suspend or terminate your use of the Communication Services and/or the Third Party Service, or any part thereof, at any time, without notice.  

  2. Once your Account is terminated, we may permanently delete it and all the data associated with it. We strongly recommend that you keep backups of the content and data you upload or create during the use of the Communication Services.

  3. If you terminate your Account prior to the end of your then-effective subscription term or we effect such termination, in addition to other amounts you may owe us, you must immediately pay any then unpaid subscription charges associated with the remainder of such subscription term.

  4. Wix may immediately discontinue, disconnect, limit, or revoke the Communication Services without notice or warning to you, if you, at the sole discretion of Wix or our Third Party Service providers, cause any type of activity or load which is incompatible with Wix network or the Third Party Service network, cause quality of service issues, or otherwise impair Wix or any Third Party’s ability to maintain or provide service to other customers. In the case that the Services are suspected of being misused by you, including for fraudulent activity, Wix reserves the right at its sole discretion to immediately terminate your use of the Communication Services. In addition, Wix reserves the right to terminate your Communication Services, with or without cause and with or without specifying any reason for termination. Wix shall not be liable for any direct or indirect damages resulting from a decision to terminate, discontinue, disconnect, limit, or revoke the Communication Services with or without notice or warning or for informing the public about the possibility of inappropriate business.

7. Change and Updates

Wix reserves the right to change, update, suspend or terminate any of the Communication Services (or any features thereof, or prices applicable thereto), and/or cancel your access to any of the Communication Services (including removal of any materials created by you in connection with the Communication Services) for any reason.

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