- SMS Messaging Program. Kleo, Inc. d/b/a ClassWallet
("ClassWallet", "we", "us", or "our") offers a mobile messaging
program (the "Program"), which you agree to use and participate in subject to these SMS
Terms of Service and our Privacy Policy, located at https://classwallet.com/privacy-policy
(collectively, this "Agreement"). By opting in to or participating in the Program, you
accept and agree to this Agreement. The Program allows Authorized Users (as defined in the
ClassWallet SaaS Terms of Service located at https://classwallet.com/terms-of-use (the
"TOS") to receive SMS/MMS messages from ClassWallet or from the Administrators (as
defined in the TOS) of the funding program in which the Authorized User is enrolled, as
applicable. This Agreement is limited to the Program and is not intended to modify other the
TOS, the Acceptable Use Policy (located at https://classwallet.com/acceptable-use-policy),
Privacy Policy, or other contractual arrangement that may govern the relationship between you
and Us in other contexts (collectively the "Terms of Use"). To the extent there is any
conflict between this Agreement and the Terms of Use, the Terms of Use shall prevail.
- Program Description. As a participant in the Program, you can expect to receive SMS/MMS messages from ClassWallet or from the Administrators (as defined in the TOS) of the funding program in which the Authorized User is enrolled. These messages may include, but are not limited to:
- Service Communications. Updates regarding your account activity, order reminders, order status, distribution notices, and other information related to your interactions with ClassWallet.
- Transactional Notifications. Confirmations, receipts, and other notifications related to your transactions with ClassWallet.
- General Notifications. Tips, alerts, and other relevant information to enhance your experience with ClassWallet.
- Marketing Messages. Information about products, services, promotions, and offers from ClassWallet or Marketplace Vendors (as defined in the TOS).
- User Opt-In. The Program allows you to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. By participating, you agree to receive messages that may be sent using an auto dialer, as permitted by law. Consent to receive messages is not a condition of participation in your funding program, and you can opt out at any time as described in Section 4. You agree that ClassWallet may use an electronic record to document your consent.
- User Opt-Out. You may opt out of the Program at any time by replying "STOP", "END", "CANCEL", "UNSUBSCRIBE", or "QUIT" to any mobile message from Us. You may receive a confirmatory message indicating that you have been unsubscribed. You agree that this is the only reasonable method of opting out.
- Termination of Text Messaging. ClassWallet may suspend or terminate your receipt of text messages if we believe you are in breach of these SMS Terms of Services.
- Support and Help. For support or information regarding the Program, you can reply "HELP" to any mobile message or email us at help@classwallet.com. Please do not use this email to opt out of the program.
- Cost and Frequency. Message and data rates may apply. The Program involves both one-time and recurring mobile messages, and additional messages may be sent based on your interaction with Us.
- Duty to Notify and Indemnify. If you intend to stop using the mobile number that has been used to subscribe to the Program, you agree to complete the opt-out process set forth above prior to ending your use of the mobile number. You agree to indemnify, defend, and hold Us harmless from any claim or liability resulting from your failure to notify Us of a change in your mobile number or any other information, including any claims under the Telephone Consumer Protection Act or similar state and federal laws.
- Age Restriction. You may not use or engage with the Program if you are under thirteen (13) years of age. If you are between the ages of thirteen (13) and eighteen (18), you must have your parent’s or legal guardian’s permission. You acknowledge that you are either over 18, or between 13 and 18 with parental permission. You agree to complete the opt-out process set forth above prior to ending your use of the mobile number. You agree to indemnify, defend, and hold Us harmless from any claim or liability resulting from your failure to notify Us of a change in your mobile number or any other information, including any claims under the Telephone Consumer Protection Act or similar state and federal laws.
- Prohibited Content. You agree not to use the Program for sending messages that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material of any kind or nature. This includes, but is not limited to, any material that encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation.
- Limitations and Authorized User Responsibility. The Program is provided for your convenience and does not replace your ClassWallet user account, which is the official record of your transaction activity. This Program may not be encrypted and at some point, may include personal or confidential information about you, such as your account activity or status. You agree to protect your communications device that receives information through the Program and not to let any unauthorized person have access to the information we provide to you through the Program. You are solely responsible for the security of your communications device and the information contained on it. You should consider deleting any text message that contains your personal or confidential information to limit the potential for unauthorized access to your personal or confidential information. Text messages sent to ClassWallet phone numbers by you are not encrypted. Do not send sensitive or nonpublic personal information to ClassWallet in a text message. No representative of ClassWallet will ever ask you to do this. If you receive a text message purported to be from ClassWallet that requests you send a text with sensitive or non-public personal information, please do not respond to it. Instead, contact ClassWallet by email at help@classwallet.com.
- Participant Requirements. You must own or have rights to operate the mobile device used to subscribe to the Program, use a participating carrier, and have a text message service plan. Our Program may not be compatible with all devices or carriers. Check your device’s compatibility for specific text messaging instructions.
- Disclaimer of Warranty and Carrier Liability; Limitation of Liability. The Program is offered on an "as-is" basis and may not be available in all areas at all times. We will not be liable for any delays or failures in the receipt of any mobile messages. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of our control. Carriers are not liable for delayed or undelivered messages. To the maximum extent permitted by law, we are not responsible and will not be liable for any damages of any nature, including without limitation any incidental, special or consequential damages (such as lost profits or lost business opportunities), punitive damages or attorney’s fees.
- Dispute Resolution. In the event that there is a dispute, claim, or controversy between you and Us, or between you and ClassWallet or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Broward County, Florida before one arbitrator. The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which ClassWallet’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act ("FAA"). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any Program.
- Modifications to the Program and Terms. We reserve the right at any time to modify or discontinue, temporarily or permanently, the Program (or any part thereof) with or without notice. We may also modify this Agreement at any time. Any changes will be effective immediately upon posting the revised version on our website. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. Your continued participation in the Program after such modifications will constitute your: (a) acknowledgment of the modified Agreement; and (b) agreement to abide and be bound by the modified Agreement.
- Miscellaneous. You warrant and represent to Us that you have all necessary rights, power, and authority to agree to this Agreement and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing.
- Governing Law. This Agreement shall be governed by the laws of the State of Florida, without reference to conflict of laws principles. Any suit to enforce this Agreement, to the extent such suit is excluded from the binding arbitration agreement set forth herein, shall be brought exclusively in the State and U.S. District Courts located in Florida and the parties hereby submit to the personal jurisdiction of such courts and waive any venue objection.
- Privacy. ClassWallet values your privacy. Please review our Privacy Policy at https://classwallet.com/privacy-policy to understand our practices. This Agreement is subject to the dispute resolution provisions and other terms set forth in the Terms of Use.
- Program Description. As a participant in the Program, you can expect to receive SMS/MMS messages from ClassWallet or from the Administrators (as defined in the TOS) of the funding program in which the Authorized User is enrolled. These messages may include, but are not limited to: