These Terms and Conditions ("Terms") govern your use of the Short Message Service (SMS) messaging functionality offered through our VoIP phone service ("Service"). By using the Service to send SMS messages, you agree to be bound by these Terms.
You agree to use the Service only for lawful purposes and in accordance with all applicable laws and regulations, including the CTIA Guidelines for Mobile Marketing. You will not use the Service to send any of the following:
We reserve the right to monitor your use of the Service and to take any action we deem necessary to enforce these Terms, including, but not limited to, suspending or terminating your access to the Service.
You are solely responsible for the content of all SMS messages you send using the Service. We do not endorse or assume any responsibility for the content of your messages. You agree to indemnify and hold us harmless from any claims, losses, or liabilities arising out of or related to the content of your messages.
We will use commercially reasonable efforts to deliver your SMS messages to the intended recipients. However, we cannot guarantee that all messages will be delivered successfully. Delivery may be affected by factors beyond our control, such as:
You may be charged fees for sending SMS messages, depending on your plan and usage. These fees may include:
We will inform you of the applicable fees before you send any messages. You are responsible for all fees associated with your use of the Service.
The Service is provided "as is" and without warranties of any kind, express or implied. We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service is free of viruses or other harmful components.
We will not be liable for any damages arising out of or related to your use of the Service, including but not limited to direct, indirect, incidental, consequential, or punitive damages. This includes, but is not limited to, damages for lost profits, data loss, business interruption, or personal injury.
We may terminate these Terms or your access to the Service at any time, with or without cause. We may also suspend your access to the Service if you violate these Terms, or if we receive complaints from mobile carriers or recipients regarding your use of the Service. You may terminate these Terms at any time by ceasing to use the Service.
We may revise these Terms at any time by posting the revised Terms on our website. The revised Terms will be effective on the date they are posted. You are responsible for checking the Terms periodically for updates. Your continued use of the Service following the posting of revised Terms constitutes your acceptance of the revised Terms.
These Terms will be governed by and construed in accordance with the laws of the State of Minnesota. You agree to submit to the exclusive jurisdiction of the courts located in Minnesota for all disputes arising out of or relating to these Terms.
These Terms constitute the entire agreement between you and us with respect to the use of the Service and supersede all prior or contemporaneous communications and proposals, whether oral or written.
If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall remain in full force and effect.
Our failure to enforce any provision of these Terms will not be construed as a waiver of such provision or any other provision of these Terms.
We will not be liable for any delay or failure to perform our obligations under these Terms if such delay or failure is caused by a force majeure event. A force majeure event is an event beyond our reasonable control, such as an act of God, war, terrorism, riot, labor strike, or natural disaster.
If you have any questions about these Terms, please contact us at support@onlinesystemsinc.com.