2.1. Services shall be rendered only to Users who are bound by these Terms and Conditions and who comply there with.
2.2. A User may only use the Services through API or through the dedicated web-interface assigned thereto under the Platform and located at https://smsedge.com, access to which is conditioned upon authentication by providing unique login name and password("Personal account").
2.3. Use of the Services is conditioed upon pre-payment of the prevailing fees then if effect, all as more fully setforth in the Personal Account. Such fees may be revised from time to time by Company at its sole discretion, without notice, and such new fees shall become binding and effective when appearing in the applicable segment of the Personal Account.
2.4. The balance of any fees paid for Services not yet used are referred to here in as "Balance". Noservice shall be render to any User unless such User's Balance is positive.
2.5. Messages may be limited in length, for technical or policy (including by third parties, such as telecom operators) reasons. Any Message exceeding such limitation shall be split into two or moreseparate Messages, each of which shall be sent and charged separately.
2.6. Upon each Message sent to a Subscriber, the Balance shall be reduced accordingly. A Message shall be deemed sent to a Subscriber upon its delivery by the Platform to such Subscriber's telecom operator.
3. Rules of Conduct
3.1. User here by agrees and under takes to:
- Submit and promptly provide User's true data as required upon registration and as may be required by the Company from time to time.
- At all times conduct User's activities in accordance with applicable law, including, without limitation, obtaining consent from each Subscriber for receiving Messages prior to sending ant Messages there to in such manner and form as required by applicable law.
3.2. User here by agrees andundertakes NOT to (including by choice of Alphanumeric Name):
- hold User out as sponsored by, endorsed by, or affiliated with the Platform;
- misrepresent User identity or impersonate any Person, or usethe Platform for any fraud or deceit;
- send any Messages without obtaining the prior written consent of the Subscriber as required by applicable law;
- use the Platform and Services to:
- conduct or promote any illegal activities;
- propagandize (i) war, national and religious discord, changeof the constitutional system or territorial integrity of the countries; (ii)fascism or neo-fascism; (iii) disrespect to national and religious relics; (iv)ignorance, disregard for parents; or (v) drug use and addiction, chemicalabuse, alcoholism, smoking and other bad habits;
- Diminish, abuse or humiliate (i) any nation or race; (ii)any Person on any ground (including on ground of physical or mental imperfections or seniority);
- promote, advertise or make available any information that isin any way, directly or indirectly (as may be determined by Company in its sole discretion) is or may be (i) unlawful, (ii) discriminatory, harmful (including to minors), threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable; (iii) infringingthe copyright, trademark, trade secret, or other intellectual property or other proprietary right of any Person; (iv) violating the privacy, publicity, confidentiallyor other rights of any Person; (v) false, inaccurate or misleading; (vi)containing marks for goods and services, or identifying details (e.g.: phonenumbers, names), of any Person the User is not affiliated to or engaged by;(vii) of sexual or erotic nature, or containing swear words; (viii) concerningor addressing minors (ix) promoting any telecom operator the Subscriber is not subscribed to; or (x) promoting any service competitive with the Services or any platform competitive with the Platform.
- upload or transmit any form of virus, worm, trojan horse, orother malicious code; or
- attempt to (A) interfere with any other Person's use of the Platform and Services, (B) modify, translate, adapt, edit, decompile, disassemble, reverse engineer, lease, rent, distribute, or otherwise transfer any of the rights that User received from, or by using of, the Platform and Services, or any software programs used by Company in connection with the Platform and Services; or (C) gain access to secured portions of the Platform and Services to which User has no permission to enter, including database, computer systems or servers; or
- use any automatic or manual process to search or harvestinformation from the Platform and Services, to interfere in any way with the proper functioning of the Platform and Services, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Platform and Services.
5. Intellectual Property
5.1. User acknowledges and agrees that Company and its licensors (as applicable) retain sole, full and exclusive ownership of all intellectual property rights of any kind related to the Platform and Services, including copyrights, trademarks and other proprietary rights ("Intellectual Property Rights"). No license is grantedhereunder to any Intellectual Property Rights. Other names that are mentioned on the Platform and Services or provided as part or in connection there with maybe trademarks of their respective owners. Company reserves all rights that arenot expressly granted to User here under.
5.2. Company welcomes and encourages feedback, comments and suggestions for improvements to the Platform and Services ("Feedback"). User acknowledges and agrees that all Feedbacks will be solely and exclusively Company's property and User hereby irrevocably assigns to Company all right, title and interest that User may havein and to all Feedbacks, including without limitation all worldwide patentrights, copyright rights, trade secret rights, and other proprietary orintellectual property rights of any kind and nature.
6. No Warranty
6.1. User acknowledges and agrees thatCompany is not, and does not intend to, substitute User or User's management or personnel in any way, and is not responsible to provide any service other than the Services offered by the Platform. User agrees to obtain appropriate professional advice and to conduct User's activities as User deems required andat User's own risk and expense.
6.2. The Platform and Services areprovided "as is", without warranty of any kind, either express orimplied. Without limiting the foregoing, Company explicitly disclaims all warranties, express or implied, regarding the Platform and Services, including any implied warranty of quality, availability, merchantability, fitness for aparticular purpose or non-infringement, and any warranties arising out ofcourse of dealing or usage of any trade, including without limitation to the Platform and Services being free from defect or any virus, worm, trojan horseor any other malicious code. USER HEREBY RELEASES COMPANY FROM ANY DAMAGES,CLAIMS OR OTHER CAUSE OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TOTHE PLATFORM AND SERVICES. COMPANY MAKES NO WARRANTY THAT THE PLATFORM ANDSERVICES WILL MEET USER'S REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED,SECURE, OR ERROR-FREE BASIS. COMPANY MAKES NO WARRANTY REGARDING THE QUALITY OF THE PLATFORM AND SERVICES AND ANY SERVICE ASSOCIATED THEREWITH, OR TO THEACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY SERVICE OBTAINED THEREBY. THE ABOVE SHALL ALSO APPLY TO ANY INFORMATION OR SERVICE USER MAY RECEIVE FROM COMPANY OR THROUGH THE PLATFORM AND SERVICES AT ANY TIME.
6.3. Without derogating from the above,User hereby acknowledges and agrees that Company, the Platform and Services may rely from time to time on services provided by third parties, including, but not limited to, data network providers, hosting services providers, telecom operators etc. Any transaction may be temporarily refused, limited,interrupted, or curtailed due to government regulations or orders, network modifications, repairs and upgrades. COMPANY IS NOT, AND SHALL NOT BE,OBLIGATED TO PROVIDE ANY SERVICES WHERE SUCH FACTORS PREVENT IT. WITHOUTLIMITING SECTION 7 BELOW, USER AGREES THAT COMPANY SHALL NOT BE LIABLE FOR ANYLOSSES, DAMAGES, OR BUSINESS INTERRUPTIONS SUSTAINED AS A RESULT OF INTERRUPTIONS CAUSED BY DATA NETWORK PROVIDERS OR ANY OTHER THIRD-PARTYPROVIDER. Further, in case of sending multiple linked Messages the Company does not guarantee to the User the correctness of their sending to the Subscriber.The Company also does not guarantee the correctness of Messages sending to the Subscriber in case of Subscriber is in roaming.
6.4. User is solely and exclusively responsible for all its communications and interactions with Company, Platformand Services, or any other Person with whom User may communicate, interact orengage in connection with or as a result of User's use of the Platform and Services, including Subscribers. User agrees and confirms that Company does not,and does not intend to, make any inquiries of any Person or verify theinformation any Person (including User) submits or provides using the Platform and Services or otherwise. User agrees to take precautions in all communications and interactions with any Person whether made on-line oroff-line.
7. Limitation of Liability
7.1. SUBJECT TO APPLICABLE LAW, IN NOEVENT SHALL COMPANY BE LIABLE TO USER OR ANY THIRD PARTY FOR ANY DAMAGE, WHETHER DIRECT, INDIRECT OR IMPLIED, INCLUDING, WITHOUT LIMITATION, INCIDENTAL,CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES, AND INCLUDING FURTHER,DAMAGES WHICH MAY ARISE IN CONNECTION WITH THE PLATFORM AND SERVICES,INCLUDING, FOR EXAMPLE, DAMAGES RESULTING FROM LOSS OF PROFITS, DATA,EMPLOYMENT OPPORTUNITIES, FROM BUSINESS INTERRUPTIONS, OR FROM THE USE OR ACCESS TO, OR THE INABILITY TO USE OR TO ACCESS, THE SERVICES OR THE PLATFORM AND SERVICES. COMPANY SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM ANY TRANSACTION OR ENGAGEMENT BETWEEN USER AND ANY THIRD PARTY OR FOR ANYINFORMATION PROVIDED BY USER OR ANY THIRD PARTY. IN NO EVENT WILL COMPANY BELIABLE TO USER OR ANY THIRD PARTY IN CONNECTION WITH ANY ACT OR OMISSION OF ANY PERSON.
7.2. User hereby expressly agrees that Company shall have the right, but not the obligation, at any time or from time to time, and at Company sole discretion, to take any action to monitor anyinteraction or engagement resulting from the use of the Platform and Services by User or any third party. To the full extent permitted by law, User hereby releases Company from any claims or liability relating in any way there to.
7.4. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Company IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.5. USER AGREES THAT USER'S SOLE REMEDY FOR ANY CLAIMS ARISING IN CONNECTION WITH THE AGREEMENT IS TO DISCONTINUE USING THE PLATFORM AND SERVICES. IN THE EVENT THAT A COURT HAVING JURISDICTION SHALLDETERMINE THAT THE PRECEDING SENTENCE IS UNENFORCEABLE, COMPANY'S AGGREGATELIABILITY FOR ALL CLAIMS ARISING IN CONNECTION WITH THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT ACTUALLY PAID BY USER FOR THE APPLICABLE CAMPAIGN.NOT WITHSTANDING, IF USER ENTERS INTO A SPECIFIC WRITTEN AGREEMENT WITH THE COMPANY WHICH CONFLICTS WITH THIS SECTION, THE PROVISIONS IN THE SPECIFICAGREEMENT SHALL PREVAIL.
7.6. WITHOUT DEROGATING FROM THE GENERALITY OF THE ABOVE, IT IS SPECIFICALLY AGREED BY USER THAT, COMPANY CANNOT, IS NOT AND WILL NOT BE RESPONSIBLE IN ANY WAY FOR (i) ANY SERVICES OTHERTHAN THE SERVICES OFFERED THROUGH THE PLATFORM; OR (ii) THE QUALITY AND RESULTSOF ANY SERVICES (INCLUDING THE SERVICES OFFERED THROUGH THE PLATFORM), THE INTEGRITY OR SUITABILITY THEREOF OR FOR COMPLIANCE BY ANY PERSON (INCLUDINGUSER) WITH ANY LAW, AGREEMENT OR UNDERSTANDING, OR BREACH THEREOF.
9. Term and Termination
9.2. User may terminate the Agreement atany time by discounting using the Services and accessing the Platform. Company shall have no liability to User upon such termination, and User shall have noclaim to Company or any Person in connection there with, and waives any right to any refund or repayment of Balance.
13. Law and Jurisdiction
14. Entire Agreement
For any questions about these Termsof Use, please contact Company at firstname.lastname@example.org