Terms of Service
Please read these terms and conditions of use carefully before using this website. Important Usage Term: You will not use the service to stalk or harass someone, or for any other activity that is deemed illegal or inappropriate by law.
We collect various client/user data points, including IP address for each text and call, sent using SendSMS and will provide that information to law enforcement officials if asked to.
By accessing the website in the domain SendSMS and using any of the information, products or services offered (collectively, the “Website”), you agree to be bound by these terms and conditions (the “Terms of Service”). If you do not wish to be bound by the Terms of
Service, you should not access or use this Website. Should you have any questions or comments about the Website or the Terms of Service, please contact us at firstname.lastname@example.org.
1. Acceptance of this Agreement
2. Amendments and Modifications to these Terms and Conditions of Service
SendSMS reserves the right to update, change, amend, add or otherwise modify these Terms of Service from time to time and will concurrently revise the effective date above.
By accepting this Agreement, you agree to review the Terms of Service periodically to determine if any revisions have been made. By accessing the Website, you agree to be bound by the Terms of Service in effect at the time of access. If you do not agree with the
Terms of Service you must cease using the Website. Continued use of this Website will constitute acceptance of such changes. Any new features that augment or enhance existing service, including the release of new tools and resources, will be subject to the Terms of
Service. Continued use of the services after any such changes will constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at https://sendsms.global/terms-of-service/.
3. Usage Terms
Your account and use of the Website is subject to the following terms:
a) each time you use the Website you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person or commercial entity you represent.
To be eligible to use the Services, you must meet the following criteria, and represent and warrant that you: (1) are the “Minimum Age” (defined below) or older; (2) are not currently restricted from the Services, or otherwise not prohibited from having a SendSMS account, (3) are not a competitor of SendSMS or are not using the Services for reasons that are in competition with SendSMS; (4) will only maintain one SendSMS.
Global account at any given time; (5) will use your real name and only provide accurate information to SendSMS; (6) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (7) will not violate any rights of SendSMS or third party, including intellectual property rights such as copyright or trademark rights; (8) agree to provide all equipment, software, mobile access, and internet access necessary to use the Services at your cost; (9) will not use the service to stalk or harass someone, or for any other activity that is deemed illegal or inappropriate by law.
We collect various client/user data points for each call made using SendSMS and will provide that information to law enforcement officials if asked to; and (10) will not use the service for selling, telemarketing or any other mass calling related purposes including but not limited to robocalls.
b) you must be a human. Accounts registered by “bots” or other automated methods are not permitted;
c) if requested, you must provide your full legal name, a valid email address, and any other information requested in order to complete the registration process;
d) you are responsible for maintaining the security of your account and password. SendSMS will not be liable for any loss or damage from your failure to comply with this security obligation;
e) you are solely responsible for all content posted and activity that occurs under your account or by you. (even when such content is posted by others who have access to your account) (collectively the “Account Content”);
f) you agree not to post or allow others to post Account Content which is unlawful, immoral, hateful, harmful, threatening, abusive, offensive, libelous, defamatory, slanderous, pornographic, indecent, obscene, or otherwise inappropriate for a broad general audience;
g) you may not use the Website for any illegal or unauthorized purpose. You must not, in the use of the Website, violate any laws in your jurisdiction (including but not limited to copyright laws);
h) while SendSMS prohibits conduct and content on the Website as provided in f) and
g) above, you understand and agree that SendSMS cannot be responsible for content posted by an account holder and you nonetheless may be exposed to such materials. You agree to use the Website at your own risk;
i) you assume any and all liability for the use of services offered by SendSMS and agree to defend, indemnify and hold harmless SendSMS, its related companies, contractors, and their respective directors, officers, employees and agents from and against any and all third-party claims, actions, proceedings, damages and expenses, including without limitation lawyer fees on a solicitor-client basis, and costs, arising out of the breach or alleged breach of a term, covenant, warranty or representation in this Agreement;
j) you agree not to modify, adapt or hack the Website or modify another Website so as to falsely imply that it is associated with the Website or any other SendSMS service;
k) you agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Website or use of the application without the express written consent of SendSMS;
l) you agree not to upload, post, host, or transmit unsolicited email, SMSs (short message service), or “spam” messages; and
m) you agree not to transmit any worms or viruses or any code of a destructive nature.
n) As between you and SendSMS, you own the content and information you provide SendSMS under this Agreement and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users.
Additionally, you grant SendSMS Global a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to SendSMS, including, but not limited to, any user-generated content, ideas, concepts, techniques and/or data to the services, you submit to SendSMS, without any further consent, notice and/or compensation to you or to any third parties.
Pursuant to this license, SendSMS may grant other Members and/or Visitors access and share rights to your content and information in accordance with this Agreement, your settings and degree of connection with them.
Any content or information you submit to us is at your own risk of loss. By providing content or information to us, you represent and warrant that you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights). It is your responsibility to keep your SendSMS profile information accurate and updated.
4. Cancellation and Termination
This Agreement may be canceled or terminated in accordance with the following terms:
a) by you, upon submission of a written email to email@example.com. You are solely responsible for properly canceling your account.
b) by SendSMS, for violation of any of the terms of this Agreement or, in its sole discretion, for any reason at any time. Without limiting the generality of the foregoing, verbal, physical, written or other abuse (including threats of abuse or retribution) of any SendSMS customer, employee, member, director, or officer will result in immediate account termination.
SendSMS also retains the right to suspend your account and refuse any and all current or future use of the Website, or any other SendSMS service, for any reason at any time.
Cancellation or termination by either you or SendSMS will result in the deactivation or deletion of your account or prevention of access to your account, and the forfeiture and relinquishment of all Account Content contained on the application. All of the Account
Content may then be deleted from the Website at any time thereafter. This information cannot be recovered once your account is canceled and the content deleted.
5. Intellectual Property Ownership and License by Account Holder
SendSMS claims no intellectual property rights, including without limitation copyright, over the Account Content you provide. Any intellectual property or proprietary rights in your account profile, Account Content and any other materials uploaded remain yours (or the rightful owner if the material is not owned by you).
However, by using the SendSMS services and applications, you agree to allow others to view and share the Account Content. SendSMS does not pre-screen Account Content, however, SendSMS and its designee retain the right (without obligation) in their sole discretion to refuse or remove any Account Content that is available via the Website.
6. Intellectual Property Ownership by SendSMS
The content and “look and feel” of the Website is owned by SendSMS, copyright © 2019, all rights reserved. The Website and all of its content, including all the wallpapers, characters, artwork, icons, graphics, music, text, and all HTML, and other code and scripts in any format used to implement this site is the property of SendSMS (and possibly third parties), and is protected by US and international copyright, trademark, and other laws. Your use of the Website or any application does not transfer to you any ownership or other rights in the Website or its content.
SendSMS and the SendSMS logo is trademarks, trade-names and service mark owned by SendSMS. Other product and company names and logos appearing on the Website may be registered or unregistered trade-names, trademarks and service-marks of their respective owners. Any use of the trade-names, trademarks, service marks and logos displayed on the Website (collectively “Marks”), except as expressly provided in these Terms of Service, is strictly prohibited. Nothing appearing on the Website or elsewhere will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Marks.
The Website is made available to you for your lawful, personal or commercial use only. You may print or download Website pages for your personal, non-commercial use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
You may use the applications or other services for personal or commercial purposes. You may not use the Website or its content for any other purpose or in any other way. SendSMS retains all rights to any such printed or downloaded material (other than Account Content), and only grants you a limited license to use them during the term of your account.
7. No Guarantee or Endorsement
SendSMS does not guarantee or warrant the accuracy, suitability, reliability,.copleteness, or usefulness of the information, products, or services on the Website or the information, products, or services at other sites to which links are provided. Therefore, any use of or reliance upon information, products or services from this site or a linked site is at the account holder ‘s sole risk.
SendSMS does not endorse, approve, certify, or take responsibility for information or products provided on the Website or on other linked sites. Any reference to a person, product, service, publication or Website does not imply endorsement of that person, product, service, publication or Website.
8. Disclaimer and Liability Exclusion
The website is provided on an “As Is” and “As Available” basis, without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation implied representations, warranties or conditions of title, non-infringement, merchantability, fitness for a particular purpose, performance, durability, availability, timeliness, accuracy, reliability, merchantability or completeness, all of which are hereby disclaimed by SendSMS to the fullest extent permitted by law. To the extent SendSMS may be found by a court of competent jurisdiction to be liable in any way, the full extent of such liability will be limited to an amount equal to the direct payments made by you to SendSMS.
Without limiting the above disclaimer and limitation of liability, SendSMS specifically does not warrant that:
a) the quality, performance or functionality of the Website will meet your expectations or specific requirements;
b) the Website will operate in an uninterrupted, timely, secure, or error-free fashion;
c) the results you obtain from the use of the Website will be accurate or reliable;
d) any defects or errors in the Website will be corrected; or
e) the Website is free of viruses or other harmful components.
You expressly acknowledge and agree that SendSMS will not be liable to you or any other person for your use of the Website or for any loss or any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses, even if SendSMS has been advised of the possibility of such damages, resulting from (i) the use or the inability to use the Website; (ii) the cost of substitute goods and services resulting from any goods, products, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the Website or a Website application; (v) or any other loss or damage connected with or relating to the use of the Website or an application by you or any other person.
9. General Terms
Use of the Website is subject to the following terms:
a) Technical support is only available via email. The technical support email address is firstname.lastname@example.org;
b) SendSMS uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Website. Such parties are independent and SendSMS does not make any representations or warranties or take any responsibility or accept any liability whatsoever regarding the acts or omissions of such parties;
c) SendSMS may, but has no obligation to, remove Account Content that it determines in its sole discretion is unlawful, immoral, hateful, harmful, threatening, abusive, offensive, libelous, defamatory, slanderous, pornographic, indecent, obscene, or otherwise inappropriate for a broad general audience, or violates any third party ‘s intellectual property or other rights or these terms of this Agreement;
d) the technical processing and transmission of the application, including your Account Content, may be transferred unencrypted and involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices;
e) SendSMS welcomes suggestions or other communications from users of the Website and wishes to improve the service it provides. However, to avoid any disputes, in sending any communications other than Account Content, you transfer and assign all ownership and intellectual property rights to SendSMS.
Specifically, without limitation, all suggestions, ideas, concepts, messages, e-mails, samples, and all other content or submissions will become the property of SendSMS for its use, notwithstanding any statement regarding confidentiality or non-disclosure.
f) SMS messages are charged on “bill by submitted” basis. Except for “NOT ACCEPTED”, any SMS message regardless of submission status is due for a charge. Please find the list of submission statuses below:
The following terms apply to this Agreement:
a) No Waiver – no consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties;
b) Entire Agreement – this Agreement, as may be amended or changed from time to time, constitutes the entire agreement between you and SendSMS and governs your use of the Website, superseding any prior agreements between you and SendSMS whether oral, written or otherwise;
c) Severability – if any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision will be deemed to be severed from the rest of this Agreement and will not affect the validity and enforceability of any remaining provisions.
d) You agree to indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through SendSMS.