1. Accept. Please read carefully the statements, warranties, conditions, contracts and agreements set forth in this End User License Agreement (the "Agreement") as they contain the legal terms governing your use of SMS ("SMS", "we", "us" Or "our" telecommunications services are referred to as "services" and applications (as defined below). This Agreement is a binding contract between you ("you", "your" or "user") and SMS, which explains Your rights and obligations when using the App and Services. In this Agreement, "Application" means a software application distributed by SMS for your device (as defined below) to access the Service, and any future version, Improvement, development, programming fixes, updates and upgrades; and "devices" means mobile phones, smartphones, mobile phones, tablets,
3. Modification. SMS reserves the right to change the terms of this Agreement at any time by publishing the revised Agreement on the SMS website. The revised Agreement shall become effective within thirty (30) days of such publication, unless You expressly accept the revised Agreement earlier by clicking on the accept button (if this option is made available). Your express acceptance or Your continued use of the Services after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.
4. Download the application, use the service and register the account to use the service ("your account") is not valid under the law. You must be at least 13 years old to use the service (including but not limited to a registered account). By registering for the Service, you represent and warrant that you are at least 13 years of age and that you have the ability to understand, agree to and abide by this Agreement. Your account may be deleted. If we believe that you are under 13, you can terminate your access to the service without warning.
5.The Services do not feature all of the services of a mobile phone. You cannot make 9-1-1 emergency calls using the Services.
You acknowledge and understand that SMS will not be liable for any inability to access 9-1-1 emergency services through the Services. THE CUSTOMER ACKNOWLEDGES AND AGREES THAT NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, SMS, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS WILL NOT BE LIABLE FOR ANY INJURY, DEATH OR DAMAGE TO PERSONS OR PROPERTY, ARISING DIRECTLY OR INDIRECTLY OUT OF, OR RELATING IN ANY WAY TO THE NON-PROVISION OF 9-1-1 CALLING CAPABILITIES THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION ANY INABILITY ON THE PART OF YOU OR OTHER USERS TO ACCESS 9-1-1 EMERGENCY SERVICES, AND YOU AGREE TO INDEMNIFY AND HOLD HARMLESS SMS, ITS AFFILIATES AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND UNDERLYING CARRIERS FROM ANY LIABILITIES, CLAIMS, DAMAGES, LOSSES ARISING DIRECTLY FROM THE NON-PROVISION OF 9-1-1 CALLING CAPABILITIES THROUGH SERVICES.
6.SMS AND SOME FEATURES OF SMS INCLUDE MANAGEMENT FUNCTIONS WHICH ARE ONLY AVAILABLE ON A PAID BASIS. THOSE SUBSCRIPTIONS AUTOMATICALLY RENEW UNLESS YOU CANCEL THEM. YOU WILL BE CHARGED SUBSCRIPTION FEES PLUS APPLICABLE TAXES UNTIL YOUR APPLICABLE SUBSCRIPTION IS CANCELED.
CERTAIN SUBSCRIPTIONS MAY OFFER A FREE TRIAL PRIOR TO CHARGING YOUR PAYMENT METHOD. TO AVOID BEING CHARGED, YOU MUST CANCEL THE SUBSCRIPTION BEFORE THE FREE TRIAL ENDS.
FOR ANY PAID FEATURES, YOU CONSENT TO ALLOW THE APPLICABLE APP STORE TO CHARGE YOUR CREDIT CARD FOR THE AMOUNTS DUE FOR THE SUBSCRIPTION AND FOR ANY PAID FEATURE, AND TO CHARGE YOUR CREDIT CARD FOR ADDITIONAL SUBSCRIPTION PERIODS UNTIL YOUR ACCOUNT IS CANCELED OR TERMINATED, OR YOU TERMINATE THE SUBSCRIPTION FOR THE PAID FEATURE, AS APPLICABLE.
TO CANCEL A PAID SUBSCRIPTION, YOU MUST CANCEL IT THROUGH MECHANISMS MADE AVAILABLE BY THE APPLICABLE APP STORE. FOR SUBSCRIPTIONS PURCHASED THROUGH THE APPLE APP STORE, SEE https://support.apple.com/en-us/HT202039
SMS does not offer refunds for any Services ordered but not used. It is your sole responsibility to cancel any Services, Subscriptions, or accounts as identified in section: Termination or Suspension of Account.
7.You acknowledge and agree that Licensor or Inbound provider owns the phone number associated with your use of the App and that you do not have any rights to transfer the phone number or to use the phone number separate and apart from the App. Inbound Provider, as holder of the phone number as registered with the applicable competitive local exchange carrier, may reclaim the phone number associated with your account at any time and/or discontinue phone number availability at any time, in each case without liability to you.
9. Subject to the terms and conditions of this Agreement, SMS hereby grants you a limited, personal, non-exclusive, non-sublicensable, non-transferable license to: (i) download on your device, The sole purpose of installing and using the application for personal use of the service; (ii) using the service with the application in accordance with this agreement.
10. Unless SMS has granted you a specific written permission, you may not assign (or grant sublicense) any part of your right to use the App or otherwise transfer your use of the App.
11. During the registration and setup of your account, you will need to provide us with certain information about yourself, including but not limited to your email address, as well as the device you use, your phone number. As part of your account registration process, you will choose a password ("Password") for your authorized access and use of the service. Your password is unique to you. Without them, no one can log in to your account. You must choose your password carefully so that no one else can easily guess it. You agree to keep your password confidential and ensure that it will never be accidentally or otherwise disclosed to anyone else. You are solely responsible for all activities that occur under your account.
14. By transmitting, publishing, providing, submitting or otherwise communicating your content to or through the Service, you represent and warrant to SMS that you own, own or otherwise control all rights to your Content and our use. Your Content (under this Agreement) does not infringe or infringe the rights of any third party, including but not limited to any privacy or intellectual property rights, or in violation of any applicable law. You agree to pay all royalties, fees and any other payments owed by anyone due to any of your content.
15. You are not authorized to terminate the licenses granted in this Agreement, nor are you entitled to seek, obtain or enforce any injunctions or other equitable relief related to SMS under this Agreement, all of which are expressly and irrevocable by you hereby. Give up and benefit from SMS.
16. We are under no obligation to back up any of your content and you acknowledge and agree that any of your content may be removed at any time. If you prefer, you are solely responsible for creating a backup copy of the content.
18. Service is a community-oriented service. Please remember that it is your responsibility to post, submit or otherwise communicate with the Service and we hope that you will do your utmost to ensure that it remains friendly, courteous, respectful and in compliance with this Agreement. You must comply with all applicable laws relating to your use of the Services and any further restrictions set forth in this Agreement and in any written or on-screen notices of SMS. You may not use the Service for any purpose of this Agreement that is illegal or prohibited or otherwise damaging SMS, its affiliates, service providers, suppliers or customers.
19. You agree that you will not use the Services to post, transmit, provide, submit or otherwise convey the following: (i) harmful or obscene; (ii) defamatory, libelous, defamatory or harassing other harassment or promoting harassment; (iii) contain nudity, pornography, excessive violence or offensive themes, or links to adult websites; (iv) constitute or promote information that you know to be false or misleading, or promote illegal activities or abuse, threats Or defamatory acts; (v) infringement of any individual or entity's copyrights, patents, trade secrets, trademarks, trade names or other proprietary rights; (vi) constitutes "spam", advertising or promotional commercial services or products, or attempts from any other Service users raise funds or raise funds; (vii) or contain or include links to files containing viruses, malware, corrupted files or any other similar software, programs or files.
20. You may not directly or indirectly perform any of the following actions related to your use of the Services or Applications: (i) reverse engineering, decompiling, disassembling, or otherwise attempting to discover source code or the underlying services or applications. Or algorithm; (ii) modify, translate or create derivative works based on the Service or Application; (iii) lease, lease, distribute, license, sublicense, sell, resell, transfer or otherwise commercially exploit the Services or Applications, Or provide services or applications to third parties without exceeding the limits of this Agreement; (iv) use the Services or Applications for time-sharing or service bureau purposes or otherwise for the benefit of third parties; (v) There will be no SMS (a) create any link or image service or application that contains or has access to any content in the application or application; Violation of any applicable local, state, federal or foreign laws, treaties, or regulations relating to your use of the Services or Applications Conventions, which may include, but are not limited to, personal information protection and the Canadian Electronic Document Act (Canada) and similar provincial legislation as well as other laws applicable to your privacy, publicity, data protection, electronic communications and anti-spam laws.
21. SMS reserves the right to investigate and take appropriate action against any person who SMS decides to violate Section 15, 16 or 17. The use or misuse of the Services in a destructive, destructive, illegal, offensive or intrusive manner is at the discretion of SMS and is in violation of the terms of this Agreement, which will result in SMS terminating this Agreement (and your account).
25. You acknowledge and agree that communications sent over the Internet or Wi-Fi networks are only secure when using specific communication protocols designed to protect such communications. In addition, you acknowledge and agree that communications sent over third-party unsecured Wi-Fi networks are not private and may be viewed and used by others. For these reasons, SMS does not recommend that you disclose personal information through a third-party unsecured Wi-Fi network, without ensuring that appropriate security precautions are taken prior to transmission.
26. Although we have security and privacy controls, we cannot guarantee that you will not encounter inappropriate or illegal behavior by other service users. Therefore, if you encounter such content and/or behavior, you can notify us of any inappropriate or illegal conduct or content to help SMS. The complaint report will be confidential. Once the complaint is received, we will first confirm receipt of your complaint and then take action to resolve the complaint, which may include, but is not limited to, removing the offending content or issuing a warning, or preventing the service personnel from disseminating such content as appropriate. Or engage in such behavior. We will also explain to you in a timely manner the steps taken to resolve the complaint.
27. All copyrights in the text, images, photos, graphics, user interfaces and other content provided in the application, as well as the selection, coordination and arrangement of such content, are owned by SMS or its applicable third party licensors. The maximum scope of the copyright law.
28. The product name, company name, trade name, logo and design rights of a SMS or third party product or service that form part of a service or application, whether appearing in large font or trademark symbol, are for SMS only or Their respective owners are protected from copying, imitating, diluting or confusing or misleading use of national and international trademark and copyright laws (if applicable). Except as permitted by this Agreement, the use or misuse of these trademarks or any materials is expressly prohibited, and nothing express or implied by this Agreement will grant you any license or right under any patent, copyright or trademark of SMS or any third party.
29. The Service may be supported by advertising revenue and may display advertisements and promotions provided by third party partners or providers. The manner, mode and scope of service advertisements are subject to change without notice. In view of the fact that SMS grants you access to and use of the Services, you agree that SMS may place or permit such advertisements to be placed on the Services.
31. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information you provide to us regarding the Application or Service (collectively, "Submissions") are solely those submitted by you, not by third parties. Content is non-confidential to you and will be the sole property of SMS. SMS shall have exclusive rights, including all intellectual property rights, and shall have the right to use and distribute these submissions for any purpose (commercial or other purposes) without restriction or compensation. You hereby waive and support SMS, your moral right to submit your submission.
32. Term. The term of this Agreement ("Term") will begin and you may begin to use the App and Services once you agree to this Agreement. This Agreement will remain in effect until you or us terminate under Section 34 below.
33. (a) Termination. You may terminate this Agreement at any time and take effect immediately. If we believe that you have violated this Agreement, it creates a problem, legal liability (actual or potential), infringement of the intellectual property rights of others, engaging in fraud, unethical or illegal activities, or for other similar reasons. SMS will effect such termination by notifying you of the email address provided to you and/or preventing you from accessing your user account. We reserve the right to cancel user accounts that have been deactivated for more than one (1) year.
34. (b) SMS reserves the right to terminate this Agreement and the Services on any grounds that may damage the SMS Business, including the use of other parties' software to use the Service to send messages or to overuse the Services in any manner.
35. Consequences of termination. Upon termination of this Agreement: (a) all licenses and rights to use the App and Services shall terminate immediately; (b) You will immediately cease any and all use of the App and Services; (c) You will immediately receive from your device And remove the application from all copies of the application you own or control.
36. You agree to indemnify, resist and retain the Services from any and all liability and expense, including reasonable legal costs incurred by SMS, in connection with or arising from you: (I) breach or breach of any provision of this Agreement or any Applicable laws or regulations, whether or not hereby cited; (2) Violation of any rights of any third party; (III) use or misuse of APP and / or services; or (IV) your content.
37. No Warranty: To the fullest extent permitted by law, the Services and Applications are provided "as is" without warranty or condition; SMS makes no warranties, representations, conditions or representations of the Services, including but not limited to APP, whether Express or implied, including but not limited to quality, performance, non-infringement warranties or conditions, for merchantability or fitness for a particular purpose. SMS further does not represent or warrant that the Service or Application is always available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without packet loss, nor will it guarantee any connection or transmission from Internet, or any quality communication conducted through the service.
38. Data and Access Disclaimer: To the fullest extent permitted by law, we do not accept any responsibility, including deletion, failure to store, error sending, or failure to provide any information or materials, including but not limited to any of your content. We are not responsible for any harm caused by downloading or accessing any content through the service or application. By using a service or application, you acknowledge and agree that the use of the Service for technical processing and information transfer may involve the transmission of various networks and changes to accommodate and adapt to the technical requirements of the connected network or device. SMS is and should not be held responsible or liable for: (A) incorrect or inaccurate information transcription; (B) human error or typographical error; (c) interruption, deletion, omission of any telephone network or electronic transmission, defect or Line failure; (D) problems with your device or any other computer device, software, inaccessible applications or services; or (E) other technical or non-technical errors or malfunctions.
39. Specific disclaimer: (a) You acknowledge and agree that: (I) the Service cannot send communications or other electronic requests to unreachable devices (IE exceeds cellular coverage, power is turned off, etc.); (II) Services are not the only means of receiving critical information. . (b) In any case, SMS's channel partners (including but not limited to distributors or sales agents) or any airline service provider (collectively "APP Providers") use the APP or the seller or you Performance assumes responsibility or non-APP performance. To the fullest extent permitted by law, the APP Provider shall be a third party beneficiary of Section 39(b).
40. No liability: Services and applications are provided to you free of charge. Accordingly, you acknowledge and agree that, to the fullest extent permitted by law, SMS, its suppliers, affiliates, directors, officers, employees, agents or application providers shall not be liable for any use of the Services or any resulting liability thereof. The only right or remedy for any problems or dissatisfaction with the service or application is to immediately uninstall and stop using the app and services.
41. Limitation of Liability: To the fullest extent permitted by law, it should not be marked under any circumstances, and its suppliers, affiliates, directors, officers, employees, agents or application providers are responsible, whether contractual , guarantee, infringement (including negligence), product liability or any other form of liability for:
(a) any direct, indirect, incidental, special or consequential damages (including but not limited to data loss or damage, interruption, computer malfunction or economic loss) resulting from the use or inability to use the Service or the APP; (b) any income, loss of business or profits (whether directly or indirectly) resulting from the use or inability to use the Service or APP; (c) any loss or damage that may result from: (I) any interruption or delay in any communication while using the Service; (II) for any reason, you may suspend or terminate this Agreement by SMS; or (III) ) Release or decide not to release a new version of the app to you.
42. The limitation of SMS's liability to you in Section 37 above, whether or not any party is informed of the possibility of such loss or damage, shall apply.
43. Notwithstanding any objection in this Agreement, you should not be held liable under any circumstance, otherwise you should not exceed the US$100 ($100) Canadian compensation. The limitations of this section apply regardless of whether the alleged violation or breach of contract violates the basic conditions or terms.
44. Jurisdiction in the Jurisdiction Some jurisdictions do not allow the exclusion or limitation described above, and some of these exclusions or limitations may not apply to you. In this case, liability will be as limited as possible within the applicable law.
45.When accessing, using or processing personal information provided by SMS, if such personal information is from the European Union or Switzerland and can directly or indirectly identify an individual (hereinafter referred to as “EU Personal Information”), then you must: Comply with all applicable laws, statutes, regulations and regulations regarding privacy, data security and data protection; Access, use or process EU personal information in accordance with the purposes agreed by the relevant parties to the EU personal information; Take appropriate organizational and technical measures to protect EU personal information from loss, misuse and unauthorized or unlawful access, disclosure, alteration and destruction of personal information; The level of protection provided is the same as that specified in the privacy protection guidelines. You must regularly monitor your compliance with these conditions. Once you are unable to comply with these conditions (or when there is a significant risk of not being able to comply with these conditions), you must notify us immediately by sending an email to email@example.com , and in such cases you should stop processing the EU immediately Personal information, or take reasonable and appropriate measures to ensure that the user's information security continues to be fully protected.
If you have any questions about this agreement, please contact SMS:
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