Terms and Conditions

TxtSync Website Terms of Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SITES

These terms were most recently updated on: 24^th July 2017.

WHAT’S IN THESE TERMS?

These terms tell you the rules for using our websites www.txtsync.com, www.txtsync.co.uk, app.txtsync.com (each asite and collectively our sites).

WHO WE ARE AND HOW TO CONTACT US

Our sites are operated by TxtSync Limited (“we, us“). We are registered in England and Wales under company number 11664465 and have our registered office at Floor 3, Pheonix Yard, 5 – 9 Upper Brown Street, Leicester, LE1 5Te, United Kingdom. Our VAT number is 266 8576 49.

To contact us, please email support@txtsync.com.

BY USING ANY OF OUR SITES YOU ACCEPT THESE TERMS

By using any of our sites, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use any of our sites.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of use refer to the following additional terms, which also apply to your use of our site:

Our Privacy and Cookies Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us, and information about the cookies on our site. By using our site, you consent to such processing.
Our Terms of Supply for the TxtSync, which sets out the terms and conditions on which you subscribe to use our platform. By subscribing to this service you are agreeing to those terms and conditions.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use any of our sites, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on the date set out at the beginning of these terms.

WE MAY MAKE CHANGES TO OUR SITES

We may update and change any of our sites from time to time to reflect changes to our users’ needs and our business priorities or to comply with relevant laws and regulations.

WE MAY SUSPEND OR WITHDRAW OUR SITES

Other than app.txtsync.com, our sites are made available free of charge but we advertise a service which is only available on a paid-for subscription basis.

We do not guarantee that any of our sites, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our sites for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our sites through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose or you are provided with a user ID code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user ID code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@txtsync.com.

HOW YOU MAY USE MATERIAL ON OUR SITES

Unless otherwise expressly stated, we are the owner or the licensee of all intellectual property rights in our sites, and in the material published on them. Those works are protected by copyright laws and treaties around the world. All such rights are hereby reserved.

You may print off one copy, and may download extracts, of any page(s) from our sites for your personal use and you may draw the attention of others within your organisation to content posted on our sites.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our sites must always be acknowledged.

You must not use any part of the content on our sites for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our sites in breach of these terms of use, your right to use our sites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

DO NOT RELY ON INFORMATION ON OUR SITES

The content on our sites is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our sites.

Although we make reasonable efforts to update the information on our sites, we make no representations, warranties or guarantees, whether express or implied, that the content on our sites is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our sites contain links to other sites and resources provided by third parties (in particular within our news bulletin), these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

USER-GENERATED CONTENT IS NOT APPROVED BY US

Our sites may include features that allow information and materials to be uploaded by other users of the sites from time to time, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our sites do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us on support@txtsync.com.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

Subject always to the Terms of Supply for the TxtSync Platform, we exclude all implied conditions, warranties, representations or other terms that may apply to our sites or any content on them.
Subject always to the Terms of Supply for the TxtSync Platform, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our sites; or
use of or reliance on any content displayed on our sites.
In particular, we will not be liable for:
loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

If you are a consumer user:

Please note that we only provide our site and all of our services for business users. You agree not to use our site for any personal purposes.
If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our sites, you grant us the following rights to use that content:

A non-exclusive worldwide irrevocable royalty free licence to store the content on our sites or on any of our associated or affiliated sites.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our sites. You should use your own virus protection software.

You must not misuse our sites by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our sites are stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our sites will cease immediately.

RULES ABOUT LINKING TO OUR SITES

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our sites in any website that is not owned by you.

Our sites must not be framed on any other site, nor may you create a link to any part of our sites other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our sites other than that set out above, please contact support@txtsync.com.

WHICH COUNTRY’S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the English courts.

The TxtSync™ name and logo are trading names of TxtSync Limited. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under How you may use material on our site.

TxtSync Data Security

The security of your data is of the utmost importance to us which is why we use the safest and most reliable platform available to us.

We use Amazon Web Services (AWS) servers to store your data at various locations within Europe.

Amazon Web Services provide state of the art physical and environmental security, so you can rest assured that your data is in the safest place possible. More information about AWS security can be found here.

All or our connections use Secure Sockets Layer (SSL) encryption, which in layman’s terms means that we have the same level of security used by online banking systems.

The components that make up TxtSync (networks, servers, databases) are distributed over multiple locations meaning that should there be an issue in one of the locations our service will not be affected.

TxtSync Privacy and Cookies Policy

TxtSync Limited (“we”, “our”, “us”) take the protection of your privacy seriously.

This privacy and cookies policy (“Policy”) (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. It also sets out your responsibilities for the processing of your personal data when using our Service (as defined below). Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it, and your data protection obligations in respect of your use of the Service.

By visiting www.txtsync.com, app.txtsync.com or www.txtsync.co.uk (collectively the “Website”) and using our Service (as defined below) you are accepting and consenting to the practice described in this policy.

For the purpose of the General Data Protection Regulation (EU) 2016/679, the data controller is TxtSync Limited, a private limited company registered in England with number 11664465 whose registered office is at 4 Parkside Court, Greenhough Road, Lichfield, Staffordshire, England, WS13 7AU.

TxtSync is an online Platform accessed via our Website which stores information as provided or entered by you (the “Service”). If you decide to register with and use the Service you will be asked to provide us with personal information including your name and contact details. By submitting your personal information, you consent to its collection, use and transfer in accordance with the terms of this Policy.

INFORMATION WE MAY COLLECT FROM YOU

We will collect and process the following data about you:

Information you give us. This is information about you that you give us by filling in forms on or by uploading information onto our Website or by corresponding with us by phone, e-mail or otherwise. It includes information you provide when you register to use our Website, subscribe to our Service, using our Service, enter a competition, promotion or survey and when you report a problem with our Website or any other aspects of the Service. The information you give us may include your name, address, e-mail address and phone number, financial and credit card information, personal description or information about data that you have tried to input or keep when using the Service.
Information we collect about you. With regard to each of your visits to our Website we will automatically collect the following information:
technical information, including the Internet protocol (IP) address used to connect your computer to the Internet, your login information, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our Website (including date and time), products you viewed or searched for, page response times, download errors, length of visits to certain pages, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page, location tracking (such location tracking being subject to your approval through the Service) and any phone number and email used to call our customer service number.
We may also collect publicly accessible data about you from social media websites that you visit when using the service.
We may also collect non-personally identifiable information (e.g gender and location) to assist in providing the Service to you. Non-personally identifiable information by itself cannot be used to identify or contact you. However, this information may be combined with other identifiers in a way that enables you to be identified.

By submitting your Personal Data and non-personally identifiable information, you consent to the collection, use and transfer of your information in accordance with the terms of this Privacy Policy.

Information we receive from other sources. This is information we receive about you if you use any other websites we operate or the other services we provide. In this case we will have informed you when we collected that data if we intend to share those data internally and combine it with data collected on this Website. We will also have told you for what purpose we will share and combine your data. We are working closely with third parties (including, for example, sub-contractors in technical, payment and delivery services, advertising networks, analytics providers, search information providers) to provide the Service. We will notify you when we receive information about you from them and the purposes for which we intend to use that information.

USE MADE OF THE INFORMATION

We will only use your personal information for the following purposes:

Information you give to us We will use this information:
to carry out our obligations arising from any contracts entered into between you and us and to provide you with full access and functionality of the Service;

to provide you with information about other services we offer that are similar to those that you have already subscribed for or enquired about;

to provide you, with information about services we feel may interest you. If you are an existing customer, we will only contact you by electronic means (e-mail or SMS) with information about services similar to those which were the subject of a previous subscription or negotiations of a subscription to you. If you are a new customer, and where we permit selected third parties to use your data, we (or they) will contact you by electronic means only if you have consented to this;

to notify you about changes to the Website or to our Service;
to ensure that content from our Website is presented in the most effective manner for you and for your computer.
to keep the Service secure by investigating and preventing abuse and fraud.
to communicate with you by responding to your requests and sending you emails and messages about invoicing and account management.
to administer, support, improve and develop our Service; and
to contact you for your views on the Service and to notify you occasionally about important changes or developments to the Service.
Information we collect about you We will use this information:
to administer our Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes;
to improve our Website to ensure that content is presented in the most effective manner for you and for your computer;
to allow you to participate in interactive features of our Service, when you choose to do so;
as part of our efforts to keep our Website safe and secure;
to measure or understand the effectiveness of advertising we serve to you and others, and to deliver relevant advertising to you;
to make suggestions and recommendations to you and other users of our Website about services that may interest you or them.
Information we receive from other sources. We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive). By using the Service, you consent to Personal Data being collected, held and used in this way and for any other use you authorise.

DISCLOSURE OF YOUR INFORMATION

You agree that we have the right to share your personal information with:

Any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.
Selected third parties including:
business partners, suppliers and sub-contractors for the performance of any contract we enter into with you;
advertisers and advertising networks that require the data to select and serve relevant adverts to you and others. We do not disclose information about identifiable individuals to our advertisers, but we will provide them with aggregate information about our users (for example, we may inform them that 500 men aged under 30 have clicked on their advertisement on any given day). We may also use such aggregate information to help advertisers reach the kind of audience they want to target (for example, women in SW1). We may make use of the personal data we have collected from you to enable us to comply with our advertisers’ wishes by displaying their advertisement to that target audience; and
analytics and search engine providers that assist us in the improvement and optimisation of our Website.

We follow strict guidelines in the storage and disclosure of information which you have given us, to prevent unauthorised access. We comply with the laws of the countries from which we operate

We may disclose your Personal Data to third parties:

In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.
If TxtSync Limited or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.
If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of use and other agreements; or to protect the rights, property, or safety of TxtSync Limited, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

Please note that this may include the transfer of your personal data to one or more countries outside the UK.

WHERE WE STORE YOUR PERSONAL DATA

By using our Website and/or our Service you consent to our third party service partners having access to your personal data, including those outside the European Economic Area (EEA). We always ensure that your data is only transferred in full accordance with UK data protection laws and/or applicable EU data protection law. In particular, this means that your data will only be transferred to a country that provides an adequate level of protection (for example, because the European Commission has determined that a country provides an adequate level of protection) or the recipient is bound by standard contractual clause according to conditions provided by the European Commission (“EU Model Clauses”). You are responsible for checking the privacy policy of any third party websites we link to. It may also be processed by staff operating outside the EEA who work for one of our suppliers. Such staff maybe engaged in, among other things, the processing of your payment details and the storage of your personal data. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy. You agree to keep confidential and not to disclose to any other individual or individuals for all time the user name and password related to your TxtSync account. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Policy.

The security of your data is of the utmost importance to us which is why we use the safest and most reliable platform available to us.

We use Amazon Web Services (AWS) servers to store your data at various locations within Europe.

All information you provide to us is stored on our secure servers. Any payment transactions will be encrypted using SSL technology (have the same level of security used by online banking systems). Where we have given you (or where you have chosen) a password which enables you to access certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our Website; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

YOUR RIGHTS

Consent. If you wish to subscribe to our marketing communications, we will use your name and email address to send communications to you. We will inform you (before collecting your data) if we intend to use your data for such purposes of if we intend to disclose your information to any third party for such purposes. You may elect to stop receiving our marketing emails by following the unsubscribe instructions included in such emails.

We send push notifications from time to time in order to update you about any Service updates, events and promotions we may be running. If you no longer wish to receive these communications, please disable these in the settings on your device. If you change your mind about being contacted in the future, please click on the opt out options included in emails or the Service and we will remove you from our mailing lists.

Access to information. You have the right to access information held about you.

Right to deletion, rectification and data export. We permit you to delete, rectify and export information you have provided to us, subject to the conditions of our Customer Terms and our legal obligations.

Retention. We retain Personal Data for as long as we provide the Services to you or your account remains open. However, we may keep some data after your account is closed or you cease using the Service, for the purposes set out below.

After you have closed your account we may retain Personal Data where reasonably necessary to comply with our legal obligations (including law enforcement requests), meet regulatory requirements, maintain security, prevent fraud and abuse, resolve disputes, enforce our Customer Terms, offer new features you may be interested in, or fulfil your request to “unsubscribe” from further messages from us. If none of these obligations apply we will delete your Personal Data within 12 months of your account being closed.

We will retain de-personalised information after your account has been closed.

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at the email address specified at the end of this Policy.

Our Website may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

If you choose to pay for the Service using a credit card, your credit card details are not stored by us.

Credit card details are encrypted and securely stored by Stripe, to enable us to automatically bill your credit card on a recurring basis. Details of the Stripe services agreement can be found here.

INFORMATION ABOUT OUR USE OF COOKIES

Our Website uses cookies to distinguish you from other users of our Website. This helps us to provide you with a good experience when you browse our Website and use the Service and also allows us to improve our Website.

A cookie is a small file of letters and numbers that we store on your browser or the hard drive of your computer if you agree. Cookies contain information that is transferred to your computer’s hard drive.

We use the following cookies:

Strictly necessary cookies. These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website, use a shopping cart or make use of e-billing services.
Analytical/performance cookies. They allow us to recognise and count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily.
Functionality cookies. These are used to recognise you when you return to our website. This enables us to personalise our content for you, greet you by name and remember your preferences (for example, your choice of language or region).
Targeting cookies. These cookies record your visit to our website, the pages you have visited and the links you have followed. We will use this information to make our website and the advertising displayed on it more relevant to your interests. We may also share this information with third parties for this purpose.

You can find more information about the individual cookies we use and the purposes for which we use them in the table below:

Cookie	Name	Purpose	More information
_ga	Google Analytics tracking	This cookie is essential for our Website to enable us to estimate our audience size and usage pattern. It is used to distinguish users.	This cookie lasts for [ ] years. See [LINK] for more information
_gat	Google Analytics tracking	This cookie is essential for our Website to enable us to estimate our audience size and usage pattern. It is used to throttle request rates.	This cookie lasts for [ ] years. See [LINK] for more information

Please note that third parties (including, for example, advertising networks and providers of external services like web traffic analysis services) may also use cookies, over which we have no control. These cookies are likely to be analytical/performance cookies or targeting cookies.

You block cookies by activating the setting on your browser that allows you to refuse the setting of all or some cookies. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Website.

ACCESS TO INFORMATION

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request will be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you.

Complaints: If you have any complaints about our use of your information please contact us as set out at the end of this Privacy Policy or contact the UK supervisory authority – The Information Commissioner’s Office (“ICO“).

CHANGES TO OUR PRIVACY POLICY

Any changes we make to this Policy in the future will be posted on this page and, where appropriate, notified to you by e-mail. Please check back frequently to see any updates or changes to our Policy.

Questions, comments and requests regarding this Policy are welcomed and should be sent by email to support@txtsync.com

TxtSync Terms of Supply

This page (together with our Privacy Policy and Terms of Website Use) tells you information about us and the legal terms and conditions (Terms) on which we provide you with access to our Platform which stores information as provided or entered by you on our dedicated website app.txtsync.com (Service(s) which term shall include each and/or all Tiers as defined below).

We amend these Terms from time to time as set out in clause 6. You should therefore review these Terms periodically and, in particular, upon renewal of your subscription to the Service following a previous cancellation to ensure you understand the terms which will apply at that time. These Terms were most recently updated on 13 July 2017.

These Terms, and any Contract between us, are only in the English language.

1. SERVICES

Services described on the TxtSync Sites may or may not be available in all countries or regions of the world. You agree to use the TxtSync Services in accordance with all applicable guidelines as well as all national and international laws that the Services are subject to at all times. To the extent there are changes in the law that affect these Terms of Service, the changes in the law shall control and you shall be responsible for abiding by such changes.

The Services consist of one or more of the following: a web-based interface, access to incoming telephone number, messaging applications, SMS gateway access, data encryption, data transmission, data access, data storage, reporting and analytics, and, if applicable, synchronisation software, as well as software maintenance and upgrades and customer support, that enable you to send text messages to recipients designated by you (collectively, the “Services”). We transmit messages initiated by you or sent to you by others through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Services, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Services.

TxtSync only provides that the Services are processed correctly and further transmitted by TxtSync to the applicable network. TxtSync is not responsible for the final delivery of any communication initiated through TxtSync’s Services, as this is out of our control and is the responsibility of downstream communications carriers. TxtSync transmits and receives text messages via other major telecommunications companies and mobile network operators, and thus TxtSync’s influence over the timing of the transmission of your messages is within the technical constraints imposed upon TxtSync.

While TxtSync shall use commercially reasonable efforts to transmit your messages to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages across the public telephone network and/or Internet.

You should know that communications carriers assign text messages with a default lifetime and any message that cannot be delivered successfully within the lifetime assigned to it will be discarded by the downstream communications carrier without any notice. TxtSync is not liable for any loss incurred by the failure of a message to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from TxtSync for any such non-deliveries. Furthermore, you agree that message contents are deemed to have zero value.

2. ACCEPTABLE CONDUCT

You represent and warrant that the owners of the phone numbers you initiate messages to through the TxtSync services have consented or otherwise opted-in to the receipt of such messages as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages.

You agree to familiarise yourself 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 your account, including without limitation the content of the messages that you create and initiate through the TxtSync Services.

You shall schedule messages responsibly and in a manner that is courteous to the recipients pursuant to local, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message you must consult with your lawyer prior to your use of the TxtSync Sites or Services.

You accept that the Services are provided for professional use only, and you agree that your use of the TxtSync Sites or Services shall not include:

Sending unsolicited marketing messages or (i.e. spam);
Harvesting, or otherwise collecting information about others, without their consent;
Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs;
Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks;
Attempting to gain unauthorised access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means;
Interfering with another’s use and enjoyment of the Services or TxtSync Sites; or
Engaging in any other activity that TxtSync believes could subject it to criminal liability or civil penalty/judgment.

You agree that TxtSync is, under no circumstances, responsible for the contents and/or accuracy of your messages and TxtSync will only transmit them on a basis of good faith that you use the Services in accordance with these Terms. TxtSync is not liable for any misuse of the Services by you. TxtSync is not responsible for the views and opinions contained in any of your messages. Messages may be monitored to ensure compliance with our policies.

4. HOW WE USE YOUR PERSONNEL INFORMATION

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you. We do not store any of your data locally. All of your data is stored on the cloud on Amazon web services infrastructure.

5. USERNAME AND PASSWORD

As part of the registration process you will need a username and/or password. You shall provide TxtSync with accurate, complete, and regularly updated member profile information. You agree to notify TxtSync of any known or suspected unauthorised use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorised disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, in TxtSync’s sole discretion, and you may be reported to appropriate law-enforcement agencies.

6. COMMUNICATION BETWEEN US

By providing your telephone number to TxtSync, TxtSync reserves the right to contact you via calls or text messages to provide you information about your account and/or the TxtSync Services requested by you. To the extent you have separately agreed to receive periodic text alerts on products, services, events, special offers or other promotional messages related to TxtSync and the TxtSync Sites, TxtSync may contact you pursuant to the terms of any such separate agreement.

7. INTELLECTUAL PROPERTY RIGHTS

Intellectual Property Rights means any copyright and related rights, trade marks, business names and domain names, rights in get-up, goodwill and the right to sue for passing off, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

We will retain ownership of all rights, title and interest in and to all Intellectual Property Rights in the Services or any parts thereof.

You will retain ownership of all Intellectual Property Rights in all of your own materials used on or uploaded onto the Service and nothing in these Terms shall be construed as a transfer of ownership of Intellectual Property Rights from you to us. However, so that we may lawfully provide you with the Services you grant us limited licence in the Intellectual Property Rights in your materials on terms that are set out in our Terms of Website Use.

When you subscribe to our Service you are granted a non-exclusive, non-transferable, worldwide, royalty free, licence to access and use the Intellectual Property Rights in the Service for the purpose of receiving and enjoying use of the Service.

8. PAYMENTS

Your use of the Services is contingent on your paying for such use, in the amounts and using the methods indicated on the TxtSync Sites. Your payment for the Services and Plans shall be deemed completed when TxtSync receives the full amount of payment owed for such Services and Plans. You are responsible to pay for any message you attempt to send to any number, regardless of whether the message is actually received by the intended recipient. As TxtSync is dependent on other entities for the delivery of your messages, our price per message may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time without prior notice.

TxtSync will charge your indicated method of payment for the Services and Plans immediately upon your confirming the payment method and amount. Amounts to be charged may include sales and other taxes where applicable and any other amounts indicated on the Site. If you have elected to make a payment by credit card and we do not receive payment from the credit card issuer, you agree to pay all amounts due immediately upon demand by TxtSync.

TxtSync cannot readily or accurately ascertain your location when you request to use the Services. You therefore agree that your use of the Services occurs in your chosen country and is subject to any applicable taxes within that country. To the extent that you are responsible for any additional taxes or fees beyond those collected by TxtSync, you agree that you will pay them when due to any applicable taxing authority, including any interest or penalties assessed.

TxtSync shall not be responsible for any errors or transmission failures with regard to the charging and collection of funds from your indicated payment method, nor for any actions taken by the provider of the payment method you choose (which could include refusal to authorise the charge). In addition to these Terms, any payments made by you may be subject to the agreement between you and the provider of the payment method.

As between you and TxtSync, you are responsible for all charges related to purchases made using your account and payment method, whether or not you authorised such purchases. Standard charges apply to any test messages sent originating from your account or initiated using your API key. In the event of accidental under billing in favour of a customer, a non-payment by customer under these Terms, TxtSync shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to: collection agencies, court costs, filing and service of process fees, attorneys’ fees incurred from counsel of TxtSync’s choosing, or any other costs, fees, and expenses incurred in the pursuit of collection on all customer accounts and receivables due and payable under these Terms.

9. BALANCE

You balance is paperless vouchers that you purchase and which facilitate the transmission of the TxtSync Services selected by you. The chosen route as well as the destination of a message causes the amount of balance required to either increase or decrease but, in either case, will always be made known beforehand through the Pricing Page of our TxtSync Sites. The submission of a seemingly-valid message will cause an associated quantity of balance to be debited from your account and you can obtain the real-time status of your account at any time through the online interface.

10. TERMINATION, CANCELLATION AND/OR SUSPENSION BY US

If at any time you breach these Terms, we may elect to suspend, terminate, and/or cancel your use of the Services and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination, or cancellation. We reserve the right to suspend the Services at any stage for any reason we may deem necessary to continue to provide our Services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you.

Upon any such termination, cancellation, and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Services (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Services and TxtSync shall have no obligation to you after any termination or cancellation of these Terms. Should such a termination take place when you still have balance on your account, you shall receive back, at our discretion, a fair monetary value of such balance, save any expenses that may be incurred by TxtSync, including, without limitation, for payment of transfer duties, legal costs, third-party costs, or penalties.

The provisions regarding ownership, payments, warranties, and indemnifications will survive any suspension, termination, or cancellation of your use of the Services or TxtSync Sites.

11. TERMINATION BY USER

You are free to terminate or cancel your use of the Services at any time, and for any reason. Upon your termination request you will have access to the Services until the end of the relevant Subscription Period. On the point of termination you will be prompted that all of your files will be permanently deleted after 30 days from the end of your Subscription Period.

12. OUR RIGHT TO VARY THESE TERMS

We amend these Terms from time to time. Please look at the bottom of this page to see when these Terms were last updated and which Terms were changed (if any).

We may revise these Terms as they apply to your order from time to time to reflect the following circumstances:
(a) changes in relevant laws and regulatory requirements;
(b) changes to the way in which your information or data is managed or kept;
(c) any changes to the subscription fees; and
(d) to reflect the introduction of new features.

Every time you re-subscribe to our Service (which takes place when you cancel your subscription and subsequently subscribe to the Service again), the Terms in force at the time of your order will apply to the Contract between you and us.

If we have to revise these Terms, we will notify you to give you reasonable advance notice of the changes. The new Terms will not apply until your next subscription period so you will have ample time to cancel the Services, should you wish to do so.

13. EVENTS OUTSIDE OF OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract that is caused by an Event Outside Our Control. An Event Outside Our Control is defined below.

An Event Outside Our Control means any act or event beyond our reasonable control, including without limitation failure, damage or breakdown of the servers of third party data storage facilities, strikes, lock-outs or other industrial action by third parties, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, extra-terrestrial or alien invasion, zombie apocalypse, or failure of public or private telecommunications networks or public or private data networks and network providers, or impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

If an Event Outside Our Control takes place that affects the performance of our obligations under the Contract:
(a) we will contact you as soon as reasonably possible to notify you; and
(b) our obligations under the Contract will be suspended and the time for performance of our obligations will be extended for the duration of the Event Outside Our Control.

You may cancel the Contract affected by an Event Outside Our Control which has continued for more than 5 days. To cancel please contact us.

14. OTHER IMPORTANT TERMS

You confirm that you have authority to bind any business on whose behalf you use the Service and subscribe to the Service.

These Terms and any document expressly referred to in them constitutes the entire agreement between you and us and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to its subject matter.

You acknowledge that in entering into the Contract you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and any document expressly referred to in them.

You and we agree that neither of us shall have any claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

We may transfer our rights and obligations under the Contract to another organisation, but this will not affect your rights or our obligations under these Terms. We will always notify you in writing or by posting on this webpage if this happens.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

The Contract is between you and us. No other person shall have any rights to enforce any of its terms, whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.

These Terms and the Contract and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England and Wales.

We both irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with a Contract or its subject matter or formation (including non-contractual disputes or claims).

Terms last updated November 2018