1. Program Description
Grand Valley Automation (“GVA”) operates an automated SMS alarm notification service for building automation and HVAC systems. By providing your mobile phone number and consenting to receive notifications, you agree to receive automated text messages from GVA regarding alarm conditions and operational alerts for building systems under GVA’s management.
This is a transactional notification program. Messages are not promotional or marketing in nature.
2. Message Frequency
Message frequency varies. Alarm notifications are generated automatically based on system events and conditions at the facilities GVA manages. During periods of elevated system activity, you may receive multiple messages within a short timeframe.
3. Message and Data Rates
Message and data rates may apply. GVA does not charge for alarm notification messages; however, standard carrier message and data rates set by your mobile carrier may apply to each message received. Contact your mobile carrier for details about your plan.
4. How to Opt In
Participation in GVA’s SMS notification program requires prior express consent. Consent may be provided through one of the following methods:
- Signing a service agreement that includes SMS notification consent language, or
- Completing GVA’s online enrollment form at www.gvainc.com/SMS
GVA maintains records of consent for all enrolled numbers.
5. How to Opt Out
You may opt out of receiving SMS notifications at any time using any of the following methods:
- Reply STOP to any alarm notification message
- Reply UNSUBSCRIBE to any alarm notification message
After opting out, you will receive one final confirmation message. No further alarm notifications will be sent to your number unless you re-enroll. GVA will occasionally review the Opt Out log and remove unsubscribed numbers from the alarm system.
To resume receiving notifications after opting out, so long as GVA has not acted on removing the unsubscribed number from the alarm system, reply START to GVA’s notification number. Otherwise, a new request will need to be made by completing GVA’s online enrollment form at www.gvainc.com/SMS.
Important: Opting out of SMS notifications does not affect any other communication GVA may send you via email or other channels. However, opting out means you will no longer receive time-sensitive alarm alerts via text message. Please ensure an alternative notification method is in place before opting out if your role requires alarm awareness.
6. Help
For assistance with our SMS notification program, reply HELP to any notification message or contact us at:
Email: service@gvainc.com
Phone: 616-224-7036
Hours: M-F 8:00am to 4:30pm
7. Supported Carriers
GVA’s SMS notification service is compatible with all major U.S. wireless carriers including AT&T, Verizon, T Mobile, and others. Carrier support is subject to change. GVA is not responsible for delays or failures in message delivery caused by your carrier.
8. No Guarantee of Delivery; Third-Party Service Providers
While GVA uses commercially reasonable efforts to ensure timely delivery of alarm notifications, GVA cannot guarantee delivery of every message. GVA does not control, and is not responsible for, delays, non-delivery, corruption, or misdirection of any notification once it is transmitted to GVA’s third-party SMS gateway or messaging platform provider, mobile carriers, or the recipient’s device. Factors outside GVA’s control — including third-party platform outages, carrier network conditions, number registration or verification issues, device availability, spam or content filtering, and recipient device or account settings — may prevent or delay delivery. SMS and email notifications should not be relied upon as the sole method of alarm awareness, particularly for life-safety-critical or high-value applications.
9. Assumption of Risk; Not a Substitute for Direct Monitoring
Client and each recipient acknowledge and agree that: (a) GVA’s SMS and email alarm notification service is a supplementary convenience feature and is not a substitute for direct, on-site monitoring, redundant alarm systems, or human oversight of critical building or process systems; (b) Client is solely responsible for determining whether this notification service is adequate for Client’s facility, equipment, and risk profile, and for implementing independent backup monitoring, escalation, or response procedures for any system, process, or condition where a delayed, incomplete, or failed notification could result in property damage, business interruption, personal injury, or other loss; and (c) Client and each recipient assume the risk of relying on this notification service for any such purpose. GVA is not an insurer, and this notification service does not replace insurance, or any other loss-prevention measures Client maintains.
10. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SMS AND EMAIL NOTIFICATION SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. GVA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY NOTIFICATION WILL BE SUCCESSFULLY TRANSMITTED, DELIVERED, OR RECEIVED.
11. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW: (a) IN NO EVENT WILL GVA, ITS OFFICERS, EMPLOYEES, AGENTS, OR THIRD-PARTY SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, PRODUCTION, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SMS OR EMAIL NOTIFICATION SERVICE, INCLUDING ANY DELAY, FAILURE, OR ERROR IN THE TRANSMISSION OR DELIVERY OF A NOTIFICATION, REGARDLESS OF THE THEORY OF LIABILITY (INCLUDING NEGLIGENCE) AND EVEN IF GVA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (b) GVA’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SMS OR EMAIL NOTIFICATION SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, WILL NOT EXCEED THE TOTAL FEES, IF ANY, PAID BY CLIENT TO GVA SPECIFICALLY FOR THE NOTIFICATION SERVICE DURING THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTHING IN THIS SECTION IS INTENDED TO LIMIT GVA’S LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR DEATH OR BODILY INJURY TO THE EXTENT CAUSED BY GVA’S NEGLIGENCE, WHERE SUCH LIMITATION IS PROHIBITED BY APPLICABLE LAW.
12. Indemnification
Client agrees to indemnify, defend, and hold harmless GVA and its officers, employees, and agents from and against any third-party claims, damages, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) Client’s provision of an inaccurate, outdated, or unauthorized mobile phone number or contact information; (b) Client’s failure to maintain adequate backup monitoring, escalation, or response procedures as contemplated by Section 9 of these Terms; or (c) Client’s or a recipient’s violation of these Terms or applicable law.
13. Force Majeure
GVA will not be liable for any failure or delay in performance under these Terms resulting from causes beyond GVA’s reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, labor disputes, internet or telecommunications outages, carrier or SMS aggregator platform failures, cyberattacks, or governmental action.
14. Privacy
The collection and use of personal information in connection with this SMS notification program is governed by GVA’s Privacy Policy, available at www.gvainc.com/SMS. SMS opt-in data and phone numbers will not be shared with or sold to third parties for marketing purposes.
15. Governing Law; Dispute Resolution
These Terms are governed by the laws of the State of Michigan, without regard to its conflict-of-laws principles. Any dispute arising out of or relating to these Terms or the SMS or email notification service will be subject to the exclusive jurisdiction and venue of the state or federal courts located in Kent County, Michigan, and each party consents to personal jurisdiction in those courts.
16. Term; Suspension, Termination
These Terms remain in effect for as long as a recipient participates in GVA’s SMS or email notification program. GVA may suspend or terminate a recipient’s participation in the notification program, in whole or in part, at any time and for any reason, including suspected misuse, non-compliance with these Terms, or discontinuation of the underlying service relationship with Client. A recipient may discontinue participation at any time using the opt-out methods described in Section 5. Sections 8 through 15 and this Section 16 will survive any termination or expiration of these Terms.
17. General Provisions
(a) Relationship of the Parties. GVA is not an insurer, and nothing in these Terms should be construed as insurance or a guarantee against loss. (b) Severability. If any provision of these Terms is held unenforceable, the remaining provisions will remain in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. (c) Entire Agreement. These Terms, together with GVA’s Privacy Policy and any separate service agreement between GVA and Client, constitute the entire agreement between the parties regarding the SMS and email notification service and supersede all prior agreements or understandings on that subject. (d) Assignment. Client may not assign or transfer any rights under these Terms without GVA’s prior written consent; GVA may assign these Terms in connection with a merger, acquisition, or sale of substantially all of its assets. (e) No Waiver. GVA’s failure to enforce any provision of these Terms will not be deemed a waiver of that or any other provision. (f) Notices. Notices to GVA under these Terms should be directed to the contact information in Section 19 (Contact Us).
18. Changes to These Terms
GVA may update these Terms & Conditions at any time. Updated terms will be posted at www.gvainc.com/SMS. Continued participation in the SMS notification program after an update constitutes acceptance of the revised terms.
19. Contact Us
For questions about these Terms & Conditions, please contact:
Grand Valley Automation, Inc.
4275 Spartan Industrial Drive
Grandville, MI 49418
Email: service@gvainc.com
Phone: 616-224-7036
