TERMS & CONDITIONS
Sentext2Win Terms of Service
(Last Updated July 26, 2020)
If you are a customer of Sentext2Win or otherwise access the Site (as defined below), these Terms of Service (“Terms”) apply to your access and use of the website located at www.sentext2win.com (the “Site”), and any applications, online products, software and services, including a notification and messaging service that allows users to contact and send information to their subscribers and groups through text messaging services and other mobile communication systems (collectively, the “Services”) provided by Sentext2Win, Inc. (“Sentext2Win,” “our,” or “we”). If you interact with the Services via text messaging, please see the End User Terms and Conditions. BY ACCESSING THE SERVICES, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, INCLUDING THE MANDATORY ARBITRATION PROVISION AND CLASS ACTION WAIVER IN SECTION 18, DO NOT ACCESS OR USE THE SERVICES. If you have any questions about these Terms or the Services, please contact us at [email protected] or using our account contact information in Section 24 below.
You must be at least 18 years of age to access or use the Services. By using the Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Services under the laws of the United States or other applicable jurisdiction. Use of the Services is limited to one account per person, and you may not create an account for multiple users.
2. User Accounts and Account Security.
3. Electronic Communications.
6. Account Fees, Billing, and Cancellation.
(b) Standard Monthly Service. Sentext2Win charges a monthly service fee that is billed monthly in advance. We will bill you monthly in arrears for any overage fees such as additional keywords or messages. Starting from the date you begin a paid service plan and on each monthly renewal thereafter, we will automatically bill your credit card on file. You acknowledge that the amount billed may vary for reasons that include overage fees, pass-through surcharges, changes due to promotional offers, changes in your account, or changes in the amount of applicable taxes. You authorize us to charge your credit card for such varying amounts as well as for any collection fees or disputed fees. Sentext2Win may also periodically pre-authorize your credit card in anticipation of account or related charges. Your Sentext2Win account will continue in effect unless and until you cancel your paid account, or we terminate it. You must cancel your paid account before it renews each month in order to avoid invoicing or credit card billing of the next month’s fees.
(c) Extended Prepaid Terms. Sentext2Win offers longer term service agreements that can be prepaid in advance serving as a declining balance. Sentext2Win charges a monthly service fee that is debited monthly in advance from your balance. We will debit your balance monthly in arrears for any overage fees such as additional keywords or messages. Starting from the date you begin a paid service plan and on each monthly anniversary thereafter throughout the term, we will automatically debit your balance. You acknowledge that the amount debited may vary for reasons that include overage fees, pass-through surcharges, changes due to promotional offers, changes in your account, or changes in the amount of applicable taxes. In the event your usage exceeds projected levels and your pre-paid balance is depleted prior to the expiration of the service term, you agree to settle any overages or unpaid service fees within fifteen days of depletion. Your Sentext2Win account will continue in effect until the subscription term completes, your prepayment is depleted, you cancel your paid account, or we terminate it. At this time, if you have not agreed to, made arrangements for, and prepaid for an additional term, your services may be terminated.
(d) Miscellaneous. If there is any change in fees and charges, except for certain pass-through surcharges, we will give you 30 days advance notice of these changes by email. If you want to use a different credit card, or if there is a change in your credit card validity or expiration date, you may edit your information by contacting us directly or by updating your billing profile under your Sentext2Win account. If your credit card reaches its expiration date, your continued use of the Services constitutes your authorization for us to continue billing that credit card, and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current, accurate and updated.
(e) Account Cancellation. You may cancel your Sentext2Win paid account at any time, and cancellation will be effective immediately. If you wish to cancel your paid account, you may do so via your online account dashboard, by contacting us by phone or email using our account contact information in Section 24 below, or through our Chat function. ALL FEES INCURRED INCLUDING OVERAGE CHARGES ARE DUE AT CANCELLATION. ALL FEES AND CHARGES ARE NON-REFUNDABLE AND TEXTMARKS DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS OF SERVICE, PLAN DOWNGRADES, REFUNDS FOR UNUSED TIME, OR REFUNDS OF PREPAID BALANCES IF YOU CANCEL YOUR ACCOUNT BEFORE THE END OF YOUR SUBSCRIPTION TERM.
(f) Responsibility for Ongoing Usage. If your account is cancelled or terminated, you must remove all public text calls-to-action (digital and physical) related to the Services. You agree that you remain responsible, and will continue to be charged, for ongoing end user usage at your previous subscription contract rates in any month where end user usage exceeds one percent (1%) of your subscription term monthly message pool.
(g) SMS Fees. You are solely responsible for any fees, charges, and expenses incurred by you in accessing and using the Services, including, but not limited to, standard text messaging rates. Standard text message charges will depend on the plan that you have with your wireless carrier and may appear on your wireless bill or be deducted from a prepaid balance.
7. Restrictions on the Use of the Services
(a) Transfer, resell, lease, license, or otherwise make available the Services to third parties unless explicitly permitted to do so by Sentext2Win;
(b) Disassemble, reverse engineer, decompile, otherwise attempt to derive source code from the Services or do anything that might bypass or circumvent measures employed to prevent or limit access to any part of the Services;
(c) Transmit Content (as defined below) that you do not own or do not have the right to publish or distribute;
(d) Create fictitious businesses or persons or impersonate others (or imply that you are affiliated with other businesses that are not affiliated with you);
(e) Gather and use information, such as other users’ names, email addresses, and telephone numbers available through the Services to transmit any unsolicited advertising, junk mail, spam, unsolicited text messages, or other form of solicitation;
(f) Upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
(g) Interfere with or disrupt (or attempt to interfere with or disrupt) the Services or the servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; or
(h) Use the Services for any unauthorized purpose or in violation of applicable law.
(b) By submitting Content, you also affirm, represent, and warrant that you own or have the necessary licenses, rights, consents, and permissions to use and to authorize Sentext2Win to make available your Content in the manner contemplated by the Services and these Terms. Sentext2Win has no obligation to screen, edit, or monitor Content. Sentext2Win may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary to
(i) comply with legal process;
(ii) enforce these Terms;
(iii) respond to claims that any Content violates the rights of third-parties;
(iv) respond to your requests for customer service; or
(v) protect the rights, property, or personal safety of Sentext2Win, its users and the public.
(c) You will not transmit any Content which, in our sole opinion or that of any applicable regulatory bodies or mobile carriers, may be defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful, or which may contain any pornography, religious or racial slurs or may threaten or encourage bodily harm or the like, or which may violate any person’s rights regardless of whether such Content is accessed, transmitted, propagated, distributed, created, or stored in a public or private context.
9. Representations and Warranties.
10. Compliance With Laws and Consents.
IMPORTANT for mobile keywords: In addition to disclosures necessary to comply with the TCPA, you must include opt-in disclosures required by applicable law in all of your promotional materials in all media: website, printed material, digital and event promotions, broadcasts, and any other material promoting your mobile keyword. TCPA and Cellular Telephone Industries Association (“CTIA”) strictly prohibit omission of opt-in disclosures in whole or in part. You remain responsible for complying with all applicable law and regulations, including TCPA and the CTIA Short Code Monitoring Handbook, and Sentext2Win will not be responsible for assessing your compliance with such laws and regulations. Failure to include such opt-in disclosures may result in suspension of your mobile keyword without warning as well as third-party legal action.
11. Mobile Contests and Sweepstakes.
12. Sentext2Win Intellectual Property Rights.
13. Copyright Policy.
(a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) a description of the copyrighted work or other intellectual property that you claim has been infringed;
(c) description of where the material that you claim is infringing is located on the Site;
(d) your address, telephone number, and email address;
(e) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law; and
(f) a statement by you, made under penalty of perjury, that the above information provided by you is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf. You can contact our copyright agent at the account contact information listed below in Section 24, addressed to copyright agent.
14. Term and Termination.
(b) Sentext2Win may at any time, suspend, disable, or terminate your access to or use of the Services
(i) if you violate or breach any provision of these Terms (or have acted in a manner which shows that you do not intend to, or are unable to comply with the provisions of these Terms);
(ii) if Sentext2Win in its sole discretion believes it is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
(iii) immediately upon notice, to the e-mail address provided by you as part of your account information. We also reserve the right to terminate any inactive account.
(c) Sentext2Win will not be liable to you or to any third party for the suspension or termination of your access or use of the Services (including the forfeiture of any pre-paid amounts). Upon any termination or suspension, Sentext2Win will have no obligation to maintain any information that was stored in our database related to your account or to forward any information to you (or to any third party). Any suspension or termination will not affect your obligations to Sentext2Win under these Terms.
You agree to defend, indemnify, and hold harmless Sentext2Win and its subsidiaries and other affiliated companies, and their employees, officers, directors, contractors, agents, licensors and suppliers, from all liabilities, losses, damages, claims, costs, and expenses, including reasonable attorneys’ fees, that arise from or relate to
(i) access to or use of the Services through your account;
(ii) your violation of any of these Terms;
(iii) your Content;
(iv) your violation, misappropriation, or infringement of any rights of any other party (including intellectual property rights or privacy rights);
17. LIMITATION OF LIABILITY.
THE PROVISIONS OF THIS SECTION 17 ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THE LIMITATIONS SET FORTH HEREIN IN DETERMINING WHETHER TO ENTER INTO THESE TERMS. DELIVERY OF EMERGENCY MESSAGES MAY NOT BE AVAILABLE WHEN USING THE SERVICES OR MAY BE LIMITED, SUCH AS A RESULT OF DISRUPTION OR IMPAIRMENT OF MOBILE CONNECTIONS, LOSS OF POWER, AND/OR NETWORK DELAYS. YOU ACKNOWLEDGE THAT ANY EMERGENCY RESPONSE CONTACT SERVICE INCLUDED AS PART OF THE TEXTMARKS’ SERVICES OR YOUR ABILITY TO SEND EMERGENCY MESSAGES IS NOT INTENDED TO REPLACE OR SERVE AS A SUBSTITUTE FOR TRADITIONAL 911 SERVICE OR CONTACTING A POLICE OR SECURITY FORCE OR OTHER EMERGENCY PERSONNEL DIRECTLY. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING WHETHER TO USE TEXTMARKS’ SERVICES TO SEND EMERGENCY MESSAGES OR A TRADITIONAL 911 SERVICE, OR WHETHER TO CONTACT THE POLICE OR EMERGENCY RESPONDERS DIRECTLY. TEXTMARKS’ SERVICES ARE NOT INTENDED TO SUPPORT OR CARRY SMS MESSAGES TO ANY EMERGENCY SERVICES. NEITHER TEXTMARKS NOR ITS REPRESENTATIVES WILL BE LIABLE UNDER ANY LEGAL OR EQUITABLE THEORY FOR ANY CLAIM, DAMAGE OR LOSS (AND YOU WILL HOLD TEXTMARKS HARMLESS AGAINST ANY AND ALL SUCH CLAIMS) ARISING FROM OR RELATING TO THE INABILITY TO USE THE SERVICES TO CONTACT EMERGENCY SERVICES OR TO SEND EMERGENCY MESSAGES.
TEXTMARKS MAY, FROM TIME TO TIME, PROVIDE INFORMATION TO YOU ABOUT USE OF THE SERVICES. NO INFORMATION PROVIDED, WRITTEN OR ORAL, BY US, OUR EMPLOYEES, REPRESENTATIVES, OR CONTRACTORS, IS TO BE CONSTRUED AS LEGAL ADVICE AND SHALL NOT RELIEVE YOU OF YOUR OBLIGATION TO ENSURE COMPLIANCE WITH APPLICABLE LAWS, RULES, AND REGULATIONS. NOTWITHSTANDING ANY INFORMATION PROVIDED BY TEXTMARKS, YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LAWS, REGULATIONS, CONSENTS AND PERMISSIONS RELATED TO SMS MESSAGING OR THE SERVICES, INCLUDING WITHOUT LIMITATION, TCPA AND THE FEDERAL COMMUNICATIONS COMMISSION’S RULES, ORDERS, AND DECLARATORY RULINGS PROMULGATED OR ISSUED PURSUANT TO TCPA, AS WELL AS WITH CTIA’S SHORT CODE MONITORING HANDBOOK. TEXTMARKS WILL HAVE NO LIABILITY RELATING TO ANY INFORMATION OR DECISIONS, ACTIONS, OR OMISSIONS MADE BY YOU BASED ON ANY INFORMATION PROVIDED BY TEXTMARKS.
18. Dispute Resolution; Binding Arbitration.
You and Sentext2Win agree that any dispute arising out of or related to these Terms or the Services is personal to you and Sentext2Win and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
You and Sentext2Win agree that these Terms affect interstate commerce and that the enforceability of this Section 18 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Sentext2Win agree that the state or federal courts of the State of California and the United States sitting in Los Angeles, California have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT YOU AND TEXTMARKS WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 18 by mailing us at our account contact address provided below. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 20.