These terms apply to individuals who access Hustle’s Service by (1) messaging with a Hustle customer who already has their contact information, or (2) texting a short code or long code as offered by a Hustle customer.
Hustle, Inc. (collectively, “we” “us” or “Hustle”) offers a service that lets people communicate with one another via text messaging and voice calls (“Service”). Hustle’s Service is comprised of a peer-to-peer communication service (Peer-to-Peer Service”) that facilitates peer-to-peer text messaging and voice conversations over regular 10-digit dialable telephone numbers (“Long Codes”), as well as a short code service that enables individuals to sign up to be contacted and share their information via application-to-person messaging over a common short code (“Short Code Service”).
AGREEMENT TO BE BOUND
The following terms and conditions governs use of the Hustle Service by individuals (“Subscribers” or “you”) who send an SMS or MMS message to a short code, or who make a call or send an SMS or MMS message to a long code managed by a Hustle customer. The Service is offered, subject to your acceptance, without modification of all of the terms and conditions contained herein, including the provisions calling for arbitration of disputes that may arise out of use of the Service, and all other operating rules, policies and procedures that may be published from time to time by Hustle.
ABILITY TO ENTER INTO THESE SUBSCRIBER TERMS
The Service is available only to individuals who are at least thirteen (13) years old. By using the Service you represent that you are at least 13 years of age and otherwise able to enter into a valid and binding legal agreement and acknowledge that these Subscriber Terms constitute a valid, binding agreement between you and us.
MOBILE TERMS AND TEXT MESSAGING FEES
Hustle does not charge a fee for you to use the Service, but any text messages sent and/or received are subject to standard text messaging rates. Additionally, text messages or voice calls sent and/or received from us may count towards a quota depending on your carrier’s plan. Text messaging, and voice rates, and quotas can normally be found by asking your carrier
All subscribers, including you, have the ability to unsubscribe or opt out-of the Service at any time as described below:
- Stop messages: To stop receiving text messages and calls from any Hustle customer, text STOP to the Short Code or Long Code that you wish to cease receiving messages from in the future. In the event you use the Service with multiple Hustle customers, we may send you an automated message to clarify which customer you want to cease receiving messages from. Hustle may also send a single confirmation message in case of an accidental unsubscription.
- Start messages: To restart receiving text messages and calls from any Hustle customer, text START to the Short Code or Long Code. In the event you use the Service with multiple Hustle customers, we may send an automated message to clarify which customer you want to restart receiving messages and calls from.
- For our Peer-To-Peer Service, simply text or call the person via their ten digit number displayed on your device and request that you be unsubscribed.
- Email Hustle at email@example.com, provide us your own phone number and number you received calls or messages from, and tell us that you want to unsubscribe.
You may also email us at firstname.lastname@example.org in the event you believe that a Hustle customer has added your information in error or without your permission.
Please note that opt-outs are tracked separately for each Hustle customer. So unsubscribing from one Hustle customer would allow you to keep communicating with a different customer.
SMS/MMS USAGE POLICY
This SMS/MMS Usage Policy is designed to prevent fraud and abuse of our subscriptions by a small number of individuals. SMS/MMS usage is limited and any subscriber who sends more than ten (10) messages in a row without receiving a response from the Hustle customer may lead to restricted use and possibly termination of the Services.
Hustle collects your phone number in the following ways:
- When you text a keyword to a Short Code managed by Hustle, or call or text message a Long Code managed by a Hustle customer, we collect your phone number when the message or call is routed through our system.
- If you have previously provided your contact information to a Hustle customer, we collect your phone number when our customer connects their database with Hustle.
We may augment this data with:
- Data submitted by you via our Short Code Service. For instance, after texting one of our customer’s keywords on our Short Code, the Short Code may respond automatically asking you for your zip code. If you provide a zip code, we will use it to connect you to our customer’s representative or agent located nearest you.
- Data input manually by a Hustle customer during the course of a peer-to-peer conversation. For instance, a person who is a Hustle customer may ask you for your name during a text message conversation or a voice call, and then record your name alongside your phone number by typing your name into their contacts.
- Data collected from 3rd parties by matching your email, phone number, or other information provided to us by you or a Hustle customer. For instance, when a Hustle customer uploads a list of phone numbers of their own contacts, we may use a 3rd party service to determine which phone numbers can be text messaged (i.e. which numbers belong to cell phones and which belong to landlines).
- Metrics collected through normal usage of the Service. For instance, Hustle may track and display to a customer the last time you sent or received a message.
- From information provided to us automatically from the database of a Hustle customer. For instance, if you signed up on a Hustle customer’s website and provided your name and phone number, we would store your name and display it to our customer at various relevant times (e.g. in our text messaging app used by customers.)
Hustle may use or disclose information about you, including your personal information as follows:
- To provide you with services you request.
- To anticipate and resolve problems and conflicts with our Service.
- For verification and authentication purposes in regards to requests or changes to any personal information or data.
- For other purposes communicated to you at the time you provide or authorize the use of your information.
- In response to a subpoena, court order, or another legal process.
- To establish or exercise our legal rights or defend against legal claims.
- When Hustle believes such use or disclosure is (a) necessary in order to investigate, prevent, or take action regarding suspected illegal activities, fraud, or situations involving potential threats to the physical safety of any person, or (b) required by law.
- In the event of a merger, acquisition, consolidation, divestiture, or bankruptcy of Hustle.
Hustle will not, with regards to the content of your peer-to-peer messages:
- Automatically scan the content of your messages, use it for the purpose of targeted contextual advertising, or use it to profile you, unless such activity is disclosed to you or required by law or for spam prevention purposes.
Hustle’s Peer-to-Peer Service fully complies with the requirements of a “Peer-to-Peer Text Messaging Service” as specified by the CTIA’s SMS Interoperability Guidelines Version 3.2.2, effective January 1, 2015. Hustle’s Short Code Service fully complies with the Short Code Compliance Framework specified by the CTIA’s Short Code Monitoring Handbook Version 1.4.1., effective November 1, 2014. Hustle’s Peer-to-Peer and Short Code services are compliant with CTIA’s Messaging Principles and Best Practices, effective January 19, 2017. For more information on these requirements and the CTIA, please visit http://ctia.org. For more information on Common Short Codes, please visit http://www.usshortcodes.com.
If you submit material or information or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. By using the Service, you assume responsibility for your use of the Service and agree not to use it in ways not authorized by Hustle as described in these Subscriber Terms. You represent and warrant that you own and control all of the rights to the Content that you submit using the Service, or you otherwise have the right to post the Content on the Service. You represent and warrant that the posting of the Content you supply does not violate these Subscriber Terms, will not violate any rights of or cause injury to any person or entity, and will not otherwise create any harm or liability of any type for us or for third parties.
Using the Service means that you will:
- comply with all applicable laws and regulations;
- not use the Services to infringe the intellectual property rights of others;
- not use the Services to submit Content that is pornographic, libelous or defamatory, or contains threats or incites violence towards individuals or entities, and does not violate the privacy or publicity rights of any third party;
- ensure that your Content does not contain or install any viruses, worms, malware, Trojan horses or other harmful or destructive Content;
- ensure that your Content is not being sent in connection with any unlawful acts (such as phishing) or misleads recipients as to the source of the material (such as spoofing);
- strictly comply with any carrier terms and terms associated with your mobile device; and
- not attempt to disrupt the Service.
CONTENT FROM HUSTLE CUSTOMERS
MODIFICATIONS TO AND TERMINATION OF THE SERVICE
Hustle may periodically make updates to the Service. Disruptions to the Service are rare but may occur. Hustle reserves the right to terminate the Service at its sole discretion that may prevent you from accessing any Content made available through or on the Service. We reserve the right to block access to any Content and to terminate your access to the Service at any time, with or without cause, with or without notice, effective immediately.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. HUSTLE AND ITS OFFICERS, DIRECTORS AND AGENTS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. HUSTLE DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICE, AND YOU RELY ON THE SERVICE AT YOUR OWN RISK. ANY MATERIAL TRANSMITTED OR STORED THROUGH USE OF THE SERVICE IS DONE AT YOUR DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS OF DATA THAT RESULTS FROM THE TRANSMISSION OF ANY MATERIAL THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HUSTLE OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE SUBSCRIBER TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
LIMITATION OF LIABILITY
NEITHER HUSTLE NOR OUR DIRECTORS, OFFICERS OR AGENTS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HUSTLE HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES) RESULTING FROM YOUR USE OF THE SERVICE. UNDER NO CIRCUMSTANCES WILL HUSTLE’S TOTAL LIABILITY OF ALL KINDS ARISING OUT OF OR RELATED TO THESE SUBSCRIBER TERMS (INCLUDING BUT NOT LIMITED TO WARRANTY CLAIMS), REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF THE TOTAL AMOUNT PAID BY YOU TO HUSTLE FOR THE SERVICE OR $500. THE LIMITATIONS SET FORTH IN THESE SUBSCRIBER TERMS APPLY EVEN IF ANY LIMITED REMEDY UNDER THESE SUBSCRIBER TERMS FAILS OF ITS ESSENTIAL PURPOSE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION ON CONSEQUENTIAL OR INCIDENTAL DAMAGES MAY NOT APPLY TO YOU.
You agree to indemnify and hold harmless Hustle, its contractors, agents and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including reasonable attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of these Subscriber Terms, or your breach of any representation or warranty contained in these Subscriber Terms.
DISPUTE RESOLUTION AND ARBITRATION
The dispute resolution provision shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association (“AAA”) or JAMS. As modified by this Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA’s or JAMS’s rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes. Claims shall be exclusively brought in the state or federal courts located in San Francisco County, San Francisco, California.
NO CLASS ACTIONS
YOU AGREE THAT DISPUTES BETWEEN YOU AND US SHALL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS.
If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in the Dispute Resolution and Arbitration Section will be null and void. This arbitration agreement described herein, however, will survive the termination of your relationship with us.
We will not be liable to you for any delay or failure to perform any obligation under these Subscriber Terms if the delay or failure is due to circumstances beyond our reasonable control.
CUSTOMER NOTIFICATION POLICY
Civil Legal Processes
Hustle’s policy is to notify customers upon receipt of a civil subpoena demand of their account information or any associated data stored with Hustle. A two week wait period must transpire before disclosure of any information. Hustle will advise the customer that the information will be disclosed unless Hustle is in receipt of a document seeking a court-approved protective order prior to the date on which Hustle must legally comply with the demand. Hustle will notify customers upon receipt of legal process.
Fees for Civil Subpoena Processing:
Hustle charges a fee for the processing of civil subpoenas, as authorized under 18 U.S.C. § 2706. This fee is set at $200/hour, with a two hour minimum per response. In addition, a per-subpoena fee of $50 per customer whose data is requested shall be charged.
No charge shall be required relating to matters involving the distribution of child pornography or any act of child endangerment. Furthermore, no charge shall be required to investigate matters dealing with abuse of Hustle’s services to harass, abuse or intimidate any person; provided this situation is documented when a response is requested.
Hustle reserves the right to require payment in advance, to withhold delivery of information until payment is received and to seek enforcement of charges. Non-binding estimates can be provided to the requesting parties. For an estimate, please email email@example.com with the requisite documentation and entitle the subject “Estimate Request.” However, entities that fail to pay charges must serve process by the registered agent within the appropriate state and requests for expedited response will not be granted.
Criminal Legal Processes
Hustle will notify customers upon receipt of criminal legal process seeking information about their accounts and/or data unless prohibited by law. Should Hustle receive any indefinite sealed legal process prohibiting notification of a Hustle customer, including a national security letter gag, Hustle will invoke statutory procedures to have a judge review.
Hustle does not and will not provide user content or data without a valid U.S. search warrant.
Please note: If an emergency situation that presents a clear and present danger to life, or legal process prohibits notification; Hustle will notify customer after emergency has ended, or once suppression order expires.
You authorize us to send you notices relating to these Subscriber Terms (e.g. notices of modifications, breach and/or suspension and regarding our Service) via a text message to the mobile number used by you when accessing the Service. Notices that we send to you will be deemed effective upon our sending of the message. Notices sent to us under these Subscriber Terms shall be sent to the attention of our legal counsel with respect to any legal matters at: Hustle, Inc. 251 Kearny St, Suite 300, San Francisco, CA 94108 or firstname.lastname@example.org.
GOVERNING LAW AND JURISDICTION
Except as otherwise set forth in the Dispute Resolution and Arbitration sections, these Subscriber Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflicts of law rules, and the United States of America. Without limiting the preceding language in the Dispute Resolution and Arbitration section above you agree to submit to the jurisdiction and venue of the state and United States Federal courts in San Francisco, California for the purposes of these Subscriber Terms.
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR US MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
These Subscriber Terms constitute the entire terms between Hustle and you concerning your use and access of our Service, and may only be modified by a written amendment signed by an authorized executive of Hustle, or by the posting by Hustle of a revised version on our website. You agree that any notice, terms, disclosure, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing or otherwise be authorized.
There are no third party beneficiaries to these Subscriber Terms. Our failure to act in a particular circumstance does not waive our ability to act with respect to that circumstance or similar circumstances. If any provision of these Subscriber Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the other provisions of the Subscriber Terms that shall remain in full force and effect.
To ask questions or comment about these Subscriber Terms and our privacy practices, contact us at:
Hustle, Inc. 251 Kearny Street, Suite 300 San Francisco, California 94108 or email@example.com.
Last Updated: May 9, 2017
© 2017 Hustle Inc. All Rights Reserved.