SMS Messaging and Voice Broadcasting - Terms and Conditions

In these Terms and Conditions, users of the Site, whether they are subscribers, customers, or casual browsers of the Site, are called 'Users'.

Please read these Terms and Conditions before using our website. By using or accessing our website, or just by browsing the Site, you agree to be legally bound by these Terms and Conditions and all guidelines and policies incorporated by reference in these Terms. If you chose not to agree with these Terms in their entirety, you may not use our website.

Our website is not intended to be used by minors. You must be at least of the age of majority to use our website or service.

We reserve the right to change or modify any of the terms and conditions contained in these Terms, at any time. If you do not agree with the updates, you should cancel your account, and stop using the website.

1. Privacy Policy

Please refer to our privacy policy, available at (the "Privacy Policy"). Do not use our website and our services if you do not agree with our Privacy Policy.

2. User Data

When you provide us with user's (e.g., personal or billing) data, you must: (1) provide accurate, current and complete information; (2) keep your login information and password(s) secure; (3) maintain accuracy of your data; (4) accept all risks of unauthorized access to your data and any other information you provide to us.
You are responsible (financially and otherwise) for all activity on your SMS Matrix account, including all fees incurred by your activity.

3. Service Fees and Taxes

Charges and any other fees for the use of this website are described on the website. They may change at any time. If you keep using the service after the change, you accept the new charges and fees. Any change to charges and other fees will be applicable to the next billing period in which the change occurs.

You are responsible for all taxes applicable to the fees (depending on your geographical location / residence).

4. Trademarks, Ownership, and Copyright

The content on the website and all data are property of SMSMatrix Inc. Content provided by the User, is property of the User. Any use of any portion of the Content without the prior written permission of its owner is strictly prohibited.

All rights to the website and non-User content are expressly reserved.

User Content is user's responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause. We have the absolute discretion, but no obligation, to remove, or edit any User Content, at any time and for any reason.

5. Limited License of the User Content to SMSMatrix Inc.

We need the right to use User Content to the extent necessary to operate the website and our services.

By uploading/entering User Content to the website, user grants us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use and modify works from such User Content on the website. We are not required to pay or compensate User for the use of it.

6. Warranty

The Site, the Content and the services provided by the Site are provided to you on an “as is” basis without warranties from us of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not represent or warrant that Content is complete, accurate, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, the Content or any portion thereof.

7. Limitation of Liability

Users waive and shall not assert any claims or allegations of any nature whatsoever against us, our affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees, arising out of or in any way relating to your use of the website, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content.

We shall not be liable for any damages, including but not limited to loss of use, loss of profits or loss of data, arising out of or in any way connected with the use of the website and our services.

The total liability of SMSMatrix Inc., arising out of or relating to the use of the website/services should not exceed any fees paid by you for the use of the website during the three months before to the date of your claim.

7.1 Message Privacy - The customer acknowledges that message content is transmitted unencrypted and that eavesdropping of phone communications, including SMS delivery, by third parties is possible.

7.2 Delivery - The customer acknowledges that we deliver messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery of the messages within the technical constraints imposed by the abovementioned providers.

Messages submitted via our website will be transferred to the addressed recipients within seconds or minutes, provided that the recipient's receiver is switched on and located in an area covered by her subscribed network provider. The customer acknowledges that, depending on the recipient's provider service, it may not be possible to transmit the message to the recipient successfully, particularly if the provider does not support chosen delivery method at all.

7.3 Large Volume Transmission - The customer acknowledges that transmission of large numbers of messages (> 500 messages per day) may be subject to restrictions and delays on the part of the network providers affected. The customer agrees to communicate her intent to transmit such volumes to us at least 5 business days in advance in order to ensure that such delivery can take place without disruptions.

7.4 Disruptions and Damages - If the customer causes damages or disruptions of the website or our delivery system by bad intent, he/she becomes liable for all direct and indirect consequences and associated costs.

7.5 Message Content - The customer assumes full responsiblity for the content of the messages transmitted by herself or by a third party on her request.
The customer agrees to abide to all laws and regulations applicable to the content and intent of the messages transmitted by her. The customer assumes liability for all consequences and costs arising out of offenses against such regulations.
The customer must ensure that her message delivery does not cause disturbance or harassment of a recipient or other third party. The customer agrees to refrain from sending messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content.
The customer is not permitted to send messages to recipients who have made clear that they do not wish to receive these messages or advertisements.

7.6 Opt-in Recipients - Sending messages to Opt-in recipients only is permitted. The Customer agrees to ensure, that all recipients on his/her delivery list, are fully opted-in, i.e. these recipients clearly gave the Customer permission to send them these messages.
It is illegal and not allowed to send messages to recipients that did not give such permission. It is illegal and not allowed to send unsolicited messages. It is illegal and not allowed to send SPAM or Mobile phone SPAM as defined by Wikipedia.
The sender of such unsolicited messages (the Customer) bears full legal and financial responsobility for such actions. SMSMatrix Inc. shall not be liable for any damages arising out of or in any way connected with the use of the website by such Customers.
Please refer to the following documents describing current regulations and code of conduct when it comes to mobile marketing:
The Telephone Consumer Protection Act
The Telemarketing Consumer Fraud and Abuse Prevention Act
Mobile Marketing Best Practice.

8. Applicable Law

The website is controlled by SMSMatrix Inc. and operated from our premises in New York. You agree that all disputes, claims or other matters arising from your use of the Site will be governed by the laws of the State of New York and the federal laws of USA. You also agree that all Claims will be heard and resolved in a court located in White Plains, NY.

9. Termination/Modification of License

We reserve the right, without notice and in our discretion, without any liability to you, to terminate or limit your license and/or access to use the website, or any services provided by us.

10. Inactive Accounts; Termination of Agreement

If your account is inactive for two months, we may deactivate and/or delete your account without any notice. All your data and credits will be lost.

If your subscription payment has been canceled, rejected, not cleared or not received on time, we may deactivate and/or delete your account without any notice. All your data and credits will be lost.

You and SMSMatrix Inc. may terminate these Terms and your use of the Site at any time.
Purchased message credits and other fees are not refundable or transferable and do not bear interest.
In case of account/program cancellation or termination, either by SMSMatrix Inc. or the Customer, unused message credits and assigned virtual numbers will expire immediately.

11. Text2Voice Android Application Use

These statements apply specifically to the Text2Voice Android Application:
You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, or any subset of the licensed program, except as provided for in this agreement.
Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
THIS SOFTWARE IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.
Installing and using this software signifies acceptance of these Terms and Conditions in their entireity.
If you do not agree with the terms of this license you must remove the program files from your storage devices and cease to use the product.

12. SMS Matrix Software Use

These statements apply to all software distributed by SMS Matrix or Minek Systems Inc.:
You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program, or any subset of the licensed program, except as provided for in this agreement.
This applies to any executable software, NOT to: our web, web applications, web UI or serveer back-end.
Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.
THIS SOFTWARE IS DISTRIBUTED "AS IS". NO WARRANTY OF ANY KIND IS EXPRESSED OR IMPLIED. YOU USE AT YOUR OWN RISK. THE AUTHOR WILL NOT BE LIABLE FOR DATA LOSS, DAMAGES, LOSS OF PROFITS OR ANY OTHER KIND OF LOSS WHILE USING OR MISUSING THIS SOFTWARE.
Installing and using our software signifies acceptance of these Terms and Conditions in their entireity.
If you do not agree with the terms of this license you must remove the program files from your storage devices and cease to use the product.

13. Multiple SMS Matrix Accounts

Unless approved by us in written or by email, only one account per user (personal or business) is allowed.
Please do not create multiple account for the same user (person/business); all duplicate accounts will be deleted.

14. Contact Information

If you have any questions regarding these Terms or the website, please contact us:

SMSMatrix Inc.
405 Tarrytown Rd
Suite 1115
White Plains, NY 10607
USA

Fax: 305-356-7141
Email: support@smsmatrix.com