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Please view our terms of service below for Aerialink.

Last updated: December 2, 2025

Convey AERIALINK Terms of Service

Convey operates a mobile technology platform that enables its customers to create and manage content and then initiate the transmission of such content over wireless networks for ultimate delivery to mobile devices (the “Service”). These Terms of Service (the “Terms”) set forth the terms and conditions of your use of the Service.

DEFINITIONS

Capitalized words used herein and not otherwise defined shall have the meanings ascribed to them in these Terms of Service.

a) Agreement” means the Terms of Service together with the applicable Pricing Confirmation Agreement.

b) “Pricing Confirmation Agreement” means the mutually accepted, formal, transaction document that includes some or all of the following information: the name of the Customer, Customer’s address and billing information, the service plan or messaging product, the length of the Term (if applicable), the fees due from Customer,

c) “Customer” means the legal entity that has entered into an Order Form or Pricing Confirmation Agreement to use the Service subject to an agreement between Customer and Convey.

d) “Customer Data” means any data of any type that is submitted to the Service by or on behalf of Customer, including but not limited to data submitted, uploaded or imported to the Service by Customer or its Users (including from Third Party Services).

e) “Data Privacy Laws” means applicable national, federal, state and provincial laws relating to data privacy, the protection of personal information or data, and the cross-border transfer of personal information or data, including, without limitation, the laws and regulations of the European Union member states under the General Data Protection Regulation (“GDPR”) and any European Union law or regulation that may be enacted to implement or replace the GDPR.

f) “Documentation” means the technical user documentation provided with the Service, if any.

g) “Order Form” means a mutually accepted, formal, transaction document, such as a quote, a statement of work, the invoice, the Pricing Confirmation Agreement, or an order form, as applicable, that includes some or all of the following information: the name of the Customer, Customer’s address and billing information, the length of the Term (if applicable), the fees due from Customer, and any maintenance and support being purchased (if applicable).

h) “User(s)” means any user of the Service.

i) “Personal Data” means any information relating to an identified or identifiable natural person (“Data Subject”); an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.

j) “Sensitive Personal Data” means any of the following: (i) credit, debit or other payment card data subject to the Payment Card Industry Data Security Standards (“PCI DSS”); (ii) patient, medical or other protected health information regulated by the Health Insurance Portability and Accountability Act (“HIPAA”); or (iii) any other Personal Data of a Data Subject deemed to be in a “special category” as identified in the GDPR or any successor Laws.

k) “Service” means the Convey product delivered to the Customer and User(s) as an API and/or web-based digital user interface, as described in the Order Form or Convey Pricing Confirmation Agreement.

l) o) “Terms of Service” means the Terms of Service as published by Convey on goconvey.com/aerialink-terms-of-service and as may be amended from time to time by Convey.

m) p) “Third Party Services” means any software, software-as-a-service, data sources or other products or Service not provided by Convey that are integrated with or otherwise accessible through the Service.

1. ACCESS TO SERVICE

a. Customer and its User(s) may access and use the Service solely for Customer’s benefit and in accordance with the terms and conditions of these Terms of Service, and any scope of use restrictions designated in any applicable Order Form or Convey Pricing Confirmation Agreement. Use of and access to the Service is permitted only by User(s). User(s) shall keep API keys, user ID and password information strictly confidential and not share such information with any unauthorized person. User IDs are granted to individual, named persons and may not be shared.

b. Customer and its User(s) shall not: (a) make the Service available to anyone other than User(s); (b) sell, resell, rent, lease, provide access to or sublicense the Service to a third party; (c) interfere with or disrupt the integrity or performance of the Service or any content contained therein; (d) attempt to gain unauthorized access to the Service or the underlying systems or networks; (e) use the Service or data derived therefrom to provide, or incorporate the Service into, any unauthorized product or service provided to a third party, or to create a competing offering; (f) reverse engineer, decompile, disassemble, or otherwise seek to obtain the source code or non-public APIs to the Service, except to the extent expressly permitted by applicable law (and then only upon advance notice to Convey); (g) circumvent any technical limitations in the Service that limit or restrict access to or use of Service or any content, file, or other work, except as expressly permitted by applicable law notwithstanding this limitation; (h) degrade, impede access, copy or modify the Service or any Documentation, or create any derivative work from any of the foregoing; (i) remove or obscure any proprietary or other notices contained in the Service; (j) publicly disseminate information regarding the performance of the Service; or (k) use any Convey, or other third party name or trademarks referenced in the provision of the Service in any manner without Convey’s written consent (l) use the Service in manner outside of its intended purpose.

c. Customer and its User(s) agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Convey for use in accessing the Service.

2. REGISTRATION OBLIGATIONS

In consideration of use of the Service, Customer and its Users agree to: (a) provide true, accurate, current and complete information as prompted by the Service’s registration form (“Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If Customer provides any information that is untrue, inaccurate, not current or incomplete, or Convey has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Convey has the right to suspend or terminate the account and refuse any and all current or future use of the Service (or any portion thereof). Customer also understands and agrees that the Service may include certain communications from Convey, such as service announcements and administrative messages, and that these communications are considered part of Convey membership and it will not be able to opt out of receiving them.

3. PAYMENT

Customer will be invoiced on a monthly basis for usage and such invoices shall be due and payable within sixty (60) days of receipt of undisputed invoice.

  1. CHARGES TO THE ACCOUNT. Customer will be charged fees for the Service in the amounts set forth in the order confirmation received when Customer signs up for the Service. The fees include set-up fees, monthly fees, and data transfer fees as more fully described below and in the order confirmation form. All monthly fees and set-up fees will be due in advance of the month incurred. All payments will be made in United States dollars.
    • SET-UP FEE. Customer will be charged a one-time non-refundable set up fee upon registration for the Service.
    • MONTHLY FEE. In addition to the set-up fee, Customer will be charged a monthly fee for the Service.
    • DATA TRANSFER FEE. Customer will be charged a fee for data usage as set forth in the order confirmation.
    • TRANSACTION FEE. Individual transactions will be billed according to the Convey Pricing Confirmation Agreement or Order Form. Note that transactions of long (concatenated) messages in excess of the length of a single message must be split into multiple message segments for delivery and receipt. As such, concatenated messages are not billed per-request, but per-segment. Each segment is billed as one message transaction.
4. ACCOUNT SECURITY

Each Party shall maintain the confidentiality of all the other Party’s data and shall use such data solely for the purpose of performing its obligations under this Agreement. Convey shall implement and maintain commercially reasonable technical and organizational measures (including but not limited to compliance with the data privacy laws GDPR, and CCPA requirements) to protect Company data against unauthorized access, use, or disclosure. Each Party shall promptly notify the other Party of any data breach or security incident affecting the other Party’s data and shall cooperate in the investigation and remediation of such incident.

Customer is responsible for maintaining the security of its account, including maintaining the confidentiality of customer number/login, password, credit card number, and other account access information. Customer agrees that it is fully responsible for all activities that occur under its account. Customer agrees to immediately notify Convey of any unauthorized uses of its account or any other breaches of security. Convey will not be liable for any loss or damage to the extent such loss or damage is caused by Customer’s failure to comply with these security obligations.

5.     LAWFUL USE OF THE SERVICE

Customer and its User(s) agree to use the Service only for lawful purposes. Customer agrees and warrants that the transmission of any data or content through the Service will not violate any federal, state, local or foreign laws, rules or regulations.

Customer agrees that use of the Service will comply with respective carrier codes of conduct and Cellular Telephone Industries Association (CTIA) best practices. Failure to comply with these industry guidelines and carrier requirements could result in non-compliance penalty fees and/or suspension of services. These guidelines and codes of conduct can be reviewed at any time at A2P Regulations & Conduct | Aerialink. 

Customer agrees that its use of the Service will only be for lawful purposes, and it will not engage in any unsolicited advertising, marketing or other activities, including any activities that violate anti-spam laws and regulations, including, but not limited to, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, the Telemarketing and Consumer Fraud and Abuse Prevention Act, and the Do-Not-Call Implementation Act (or any similar or analogous anti-spam, data protection, or privacy statutes or regulations in any other jurisdiction).

Customer further agrees that the subscribers of the phone numbers to which it initiates messages through the Service have consented or otherwise opted-in to the receipt of your messages as required by any applicable law or regulation. Customer agrees to familiarize itself 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 its account, including, without limitation, the content of the messages that it creates and initiates through the Service. 

6.     CONTENT AND CONDUCT RULES AND OBLIGATIONS

Customer and its User(s) understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials (“Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that Customer, and not Convey, is entirely responsible for all Content that it uploads, posts, initiates, transmits or otherwise makes available via the Service, including the timing and recipients of Content. Customer represents that it has all necessary permission to upload and store all content to Convey, including information associated with its customers (Convey “non-customer” data or information).

Although Convey’s further transmission of Content is purely reactive in nature, Convey will not knowingly allow Customer to continue using the Service in violation of applicable law, this Agreement or any usage prohibitions incorporated by reference. Customer agrees that it will not:

  1. upload, post, initiate, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, adult-oriented, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. engage in smishing or otherwise impersonate any person or entity, including, but not limited to, an Convey official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service, or otherwise engage in spoofing;
  5. upload, post, initiate or otherwise transmit any Content that it does not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  6. upload, post, initiate or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party;
  7. upload, post, initiate or otherwise transmit unsolicited commercial email, SMS or MMS Messages, or “spam.” This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam,” such as (i) sending mass emails or SMS or MMS Messages to recipients who haven’t requested them from Customer or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical.
  8. upload, post, initiate or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  9. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  10. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  11. “stalk” or otherwise harass another;
  12. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, but is not limited to, providing instructions on how to assemble bombs, grenades and other weapons, and creating “Crush” sites.
  13. offer for sale or sell any item, good or service that (i) violates any applicable federal, state, or local law or regulation, (b) which it does not have full power and authority under all relevant laws and regulations to offer and sell, including all necessary licenses and authorizations, or (ii) Convey determines, in its sole discretion, contains inappropriate content to be transmitted through the Service provided by Convey. 
7.      GDPR COMPLIANCE

Convey shall comply with all applicable data privacy and consumer protection laws, including the European Union General Data Protection Regulation. These Terms of Service set forth the privacy protections applicable to data stored and processed by Convey. Customer represents and warrants that it has all necessary authority to upload and store with Convey all information associated with Customer’s account, including but not limited to, any information relating to an identified or identifiable natural person, such as Convey non-customers.

8.     TERMINATION; RESERVATION OF RIGHTS

Customer agrees that Convey reserves the right to suspend or terminate its use of the Service or use of any other Convey products or facilities if the following breaches occur and are not cured within thirty (30) days of receipt of notice of breach and remove and discard any Content within the Service for any reasonable reason which may include, without limitation, the belief by Convey, in its sole good faith discretion, that:

(a) You have materially violated this Agreement (b) you have failed to pay any charges when due; (c) the traffic connected to your account is fraudulent or negatively impacting Convey’s network; or (d) your use of the Service results in, or is the subject of legal action or threatened legal action against Convey or any of its affiliates or partners. Notwithstanding the foregoing, the notice and cure period set forth in this Section, shall not apply to any breach or event expressly addressed in Section 6, and in such cases, Convey may suspend use of the Service immediately and will make a reasonable attempt to notify Customer in the event of account suspension.

 Upon termination of the account for any of the aforementioned reasons, Customer acknowledges and agrees that Convey may immediately deactivate or delete all related information and files in its account and/or bar any further access to such files or the Service. Further, Customer agrees that Convey shall not be liable to it or any third-party for any termination of access to the Service. Notwithstanding the foregoing, Convey assumes no responsibility for monitoring the Service or Customer Content for inappropriate conduct, or modifying or removing such Content or your conduct from accessing the Service. Convey also reserves the right to access, read, preserve and disclose any information that Convey reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process or governmental or agency request, (ii) enforce this Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of Convey, Convey users, and the public.

For any telephone number Customer is porting or otherwise bringing to Convey, it represents and warrants that it has all power and authority and has procured all rights and licenses necessary to use and text enable such telephone number for Services without the consent of any third party. In the case of any shared use telephone numbers, Customer represents that it is the phone number owner with authority to bring any such number to Convey.

Customer further acknowledges and agrees that the use of the Service or any of telephone numbers or short codes that Convey provisions to it in connection with use of the Service do not grant Customer any ownership or other rights in such telephone numbers or short codes other than the limited, revocable use rights expressly set forth in these Terms. Customer does not have the right to use those telephone numbers or short codes indefinitely. Customer acknowledges and agrees that telephone numbers and short codes Convey provisions may be reclaimed by Convey or the applicable supplier from time to time and may be re-assigned to other customers. Customer may not transfer or assign the telephone numbers or short codes Convey provides unless otherwise mutually agreed in writing. Except as otherwise provided in these Terms with respect to suspension or termination of the Service, Convey will endeavor to provide Customer with reasonable notice in the event of any such reclamation.

9.      CONVEY PROPRIETARY RIGHTS

Customer acknowledges and agrees that the Service and any necessary software used in connection with the Service (“Software”) provided by Convey contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by Convey, Customer agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Convey grants Customer a limited, revokable, non-transferable and non-exclusive right and license to use the object code of its Software. The Service is licensed, not sold. As between the parties, the Service (including without limitation, any updates, upgrades, modifications, customizations, and improvements thereto) and all intellectual property rights therein, are and will remain the sole property of Convey and/or Convey’s partners, suppliers and licensors, and that irrespective of any use of the words “purchase”, “sale” or like terms in any agreement no ownership rights are being conveyed to Customer and its User(s) under these Terms of Service with respect to the Service. Customer’s, and any User’s, access and use of the Service does not transfer to Customer, any User, or any third party any rights, title, or interest in or to such intellectual property rights. Convey and its suppliers reserve all rights not expressly granted to Customer or User(s).

10.   DISCLAIMER OF WARRANTIES. CUSTOMER EXPRESSLY UNDERSTANDS AND AGREES THAT:
  1. CUSTOMER AND ITS USER(S) USE OF THE SERVICE IS AT THEIR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CONVEY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. CONVEY WILL MAKE REASONABLE EFFORTS TO MAINTAIN THE SERVICE, HOWEVER, CONVEY IS NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NONDELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO CUSTOMER’S SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. CUSTOMER IS RESPONSIBLE FOR MAINTAINING AND BACKING-UP ITS DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. CONVEY DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY CUSTOMER THROUGH THE SERVICE WILL MEET ITS EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
  3. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER’S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO ITS COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
  4. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. INFORMATION OR ADVICE CONVEY MAY PROVIDE OR PROVIDED ON THE CONVEY WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY, IS NOT EXHAUSTIVE, AND SHALL NOT BE CONSIDERED LEGAL ADVICE. WE ADVISE YOU TO CONSULT WITH YOUR OWN INDEPENDENT LEGAL COUNSEL FOR ANY LEGAL OR REGULATORY ADVICE, AND WE DISCLAIM ANY RESPONSIBILITY FOR YOUR RELIANCE ON ANY ADVICE OR INFORMATION PROVIDED TO YOU.
11.  LIMITATION OF LIABILITY AND DAMAGES
  1. LIABILITY CAP. To the extent permitted by law, each Party’s total aggregate liability to the other Party under this Agreement for any reason, whether in contract, tort, breach of statutory duty or otherwise, shall be limited to direct damages and shall not exceed the total amount paid or payable by Company under this Agreement in the twelve (12) months preceding the claim or claims.
  2. DAMAGES WAIVER. Under no circumstances shall Convey or its suppliers be liable for any indirect, incidental, special or consequential damages, including loss of revenue, loss of use of equipment or facilities, loss of data, failure of security mechanism, interruption of business, or economic damages howsoever arising.
12.  RELATIONSHIP OF THE PARTIES

Customer and Convey are each independent contractors in the performance of each and every part of these Terms. No agency, partnership, joint venture, franchise, or employer-employee relationship is created as a result of these Terms. Customer is solely responsible for all of its employees, agents, and its labor costs and expenses arising in connection with them; Convey is solely responsible for all of its employees, agents, and labor costs and expenses arising in connection with them. Likewise, Customer is solely responsible for any and all claims, liabilities, damages, or debts of any type that arise on account of its activities or those of its employees or agents in the performance of these Terms; Convey is be solely responsible for any and all claims, liabilities, damages, or debts of any type that may arise on account of our own activities or those of our employees or agents in the performance of these Terms.

Customer does not have any authority of any kind to bind Convey in any respect whatsoever, and it shall not attempt to do so or imply that it has the right to do so.

13.   GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of  Delaware, excluding its conflict of law principles.

14.   ARBITRATION

To the fullest extent permitted by law, any dispute involving any interpretation or application of this Agreement, any controversy or claim arising out of or relating in any way to this Agreement, including but not limited to the relationship of the Parties, or the breach hereof (including as to the validity, scope and enforceability of this agreement to arbitrate), which has not been resolved within thirty (30) days after either party has notified the other in writing of the controversy, shall be submitted for binding arbitration in Denver, Colorado in accordance with the Arbitration Rules of the American Arbitration Association (the “Rules”) then in effect. The decision of the arbitrator shall be consistent with then applicable law and shall include written findings of fact and conclusions of law. THE PARTIES WAIVE THE RIGHT TO A TRIAL BY JURY IN CONNECTION WITH ANY CONTROVERSY OR CLAIM THAT MIGHT ARISE UNDER OR INVOLVE AN INTERPRETATION OF THIS AGREEMENT. Judgment on the award rendered by the arbitrator may be entered by any court having jurisdiction thereof. Each party shall bear their own attorney’s fees and costs.

15.  CLASS ACTION WAIVER / NO JOINDER OF PLAINTIFFS

To the fullest extent permitted by law, Customer and Convey agree that any claims or controversies between the parties must be brought against each other only on an individual basis. Neither Customer nor Convey may bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person or entity’s claims into a single case and cannot preside over any class, consolidated, or representative proceeding (unless the parties explicitly agree otherwise). Moreover, the arbitrator’s decision or award in one person or entity’s case can only impact the person or entity that brought the claim, not other Convey customers; it cannot be used to decide other disputes with other customers.

16.  INDEMNIFICATION
  1. INDEMNIFICATION BY CONVEY. Convey agrees to defend Customer from and against any claim by a third party alleging that the Service when used as authorized under this Agreement infringes a U.S. patent, U.S. copyright, or U.S. trademark. If there is an adverse final judgment (or settlement to which Convey consents) from the lawsuit, Convey will pay it for Customer. Convey’s obligations are subject to the following conditions: (i) Customer must promptly notify Convey in writing of the claim (but in any event notice in sufficient time for Convey to respond without prejudice); (ii) Convey’s exclusive right to control and direct the investigation, defense, and settlement (if applicable) of such claim; and (iii) all reasonable necessary cooperation of Customer.
  2. EXCLUSIONS OF CONVEY INDEMNIFICATION. The foregoing indemnification obligation of Convey will not apply: (i) if the Service or any part thereof is modified by any party other than Convey, but solely to the extent the alleged infringement is caused by such modification; (ii) if the Service is combined with products or processes not provided by Convey, to the extent the alleged infringement is caused by such combination; (iii) to any unauthorized use of the Service; (iv) to any action arising as a result of Customer Data or any third-party software or components contained within the Service; (v) to the extent the alleged infringement is not caused by the particular technology or implementation of the Service but instead by features common to any similar product or service or building management system the Service is used with; or (vi) if Customer settles or makes any admissions with respect to a claim without Convey’s prior written consent. THIS SECTION SETS FORTH CONVEY AND ITS SUPPLIERS’ SOLE LIABILITY AND CUSTOMER’S SOLE AND EXCLUSIVE REMEDY WITH RESPECT TO ANY CLAIM OF INTELLECTUAL PROPERTY INFRINGEMENT.
  3. INDEMNIFICATION BY CUSTOMER. Customer shall indemnify, defend, and hold harmless the Convey, its affiliates, respective officers, directors, employees, and agents from and against any and all third-party claims, damages, fines, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) in connection with the Service arising out of or related to (i) Customer’s material breach of these Terms, (ii) violation of applicable law, regulations, or carrier rules, or (iii) Customer’s negligence or willful misconduct or the negligence or willful misconduct of its employees, agents, affiliates, or users .
17.  ASSIGNMENT

All of Convey’s rights and obligations under this Agreement are freely assignable by Convey to any of its affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, by operation of law or otherwise, and Convey may transfer Customer information to any of our affiliates, successor entities, asset purchasers or new owner. Customer will not transfer any of its rights or obligations under this Agreement to anyone else without Convey’s prior written consent.

18.   ADDITIONAL SOFTWARE

With respect to any additional software that may be made available by Convey in connection with the Service, if Customer elects to download or access such additional software, Customer understands that it may have to agree to additional terms and conditions before it uses such software.

19.  SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, Customer and its User(s) agree to comply with all applicable international and local rules regarding online conduct and acceptable Content. Specifically, Customer agrees to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which it resides. Customer will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). Customer will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. Customer will not use or download the Service if it is located in a restricted country, if it is currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and will not disguise its location through IP proxying or other methods.

20.  GENERAL PROVISIONS
  1. Notices. Notices to either Party may be made via either email or regular mail. The Service may also provide notices of changes to the Terms of Service or other matters by displaying notices or links to notices to Customer generally on the Service.
  2. Updates. Customer and User(s) acknowledge and agree that Convey may modify these Terms of Service at any time and continued use of the Service after Convey releases a change to the Terms of Service shall constitute acceptance and agreement to such modified Terms of Service. These Terms of Service apply to any updates to the Service as well as any applications (if any) used to access the Service that Convey may, in its sole discretion, provide or make available (“Update”). From time to time, Convey may, without additional notification, automatically “push” or deliver an over-the-air Update to Customer’s and/or User(s)’ mobile phone, tablet, laptop, desktop, or other computing device via a cellular or internet connection (“Automatic Update”). You acknowledge and agree that Automatic Updates may occur at Convey’s sole discretion, that Customer’s continued use of the Service may be conditioned upon your acceptance of Automatic Updates, and that you consent to Automatic Updates by acceptance of these Terms of Service. If Convey provides additional terms along with an Update, those terms will apply to the Update. If Convey provides you an Update, Convey may, at its sole discretion, require you to use the Update version and cease use of earlier versions. Convey reserves the right to update, modify or discontinue any product or service made available to you through use of the Service.
21.  INTEGRATION AND SEVERABILITY

This Agreement constitutes the entire agreement between Customer and Convey and governs its use of the Service, superceding any prior agreements between Customer and Convey (including, but not limited to, any prior versions of this Agreement).If any provision of these Terms of Service are held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of these Terms of Service shall remain in effect.The section titles in these Terms of Service are for convenience only and have no legal or contractual effect.

22.   UPDATED VERSIONS OF THESE TERMS OF SERVICE

You can review the most current version of these Terms of Service at any time at goconvey.com/aerialink-terms-of-service.