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Terms of Service

Overview

The terms and conditions on this page apply to both users of Text Send Go by VIP Talent & Events’ web-based user interface and anyone using an application programming interface (API) in connection with the Text Send Go service. Hereinafter, both types of users shall be referred to as “Customer”, and “Parties” shall refer to both Customer and Text Send Go by VIP Talent & Events LLC.

PLEASE READ THESE TERMS OF USE COMPLETELY AND CAREFULLY. THEY MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS PAGE. BY USING THIS SERVICE (ALSO REFERRED TO AS “WEBSITE”), WHETHER THROUGH Text Send Go’S WEBSITE OR THROUGH AN API, YOU INDICATE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE STIPULATIONS DESCRIBED HERE, AND AGREE TO FOLLOW THESE TERMS OF USE PRIOR TO SENDING MESSAGES. IF YOU DO NOT ACCEPT THESE TERMS OF USE, PLEASE DISCONTINUE USE OF THIS SERVICE IMMEDIATELY. IF YOU ARE A RESELLER OR A USER OF Text Send Go’S WHITE LABEL SERVICE, YOU ALSO AGREE TO INCORPORATE THESE POLICIES INTO YOUR OWN POLICIES, PRODUCTS, AND SERVICES AND TO ENSURE THAT YOUR CUSTOMERS OR USERS ADHERE TO THESE TERMS.

Text Send Go reserves the right, at its sole discretion, to modify and post this Terms of Use at any time without prior notice.

Text Send Go provides businesses and organizations with a variety of tools to collect names, phone numbers, email addresses, and other information on an opt-in basis. Text Send Go also provides a tool to help you import subscriber data. However, contact information may be imported or otherwise added only if the subscribers gave full consent to receive a specified type of messaging from your organization. Proof of such specific consent may be required at any time by your subscribers, authorities,Text Send Go during a compliance audit or during the contact import process.

In addition, CTIA regulations prohibit certain campaigns such as text-to-win and financial offers by shared short code or transmitting undesirable content such as violence, pornography, alcohol, illegal drugs, and other prohibited content described in this document.

If you are using a shared code, you acknowledge the very real risk that your code may be shut down at any time due to a bad actor on the same code or changes to carrier policies. You may be required to migrate to a dedicated toll-free, long code, or short code number.

Text Send Go’s service may NOT be used for sending any unsolicited messages (commonly known as spam) except for specified exemptions governed by the TCPA and FCC rulings. You agree to the privacy and anti-spam policies described in this document and agree to enforce the indicated permission-based practices with anyone using your account as required by law. You agree to assume full responsibility and accept the legal consequences of any action by anyone using your account.

Text Send Go reserves the right to suspend or terminate your account if your account activity is found to violate any applicable law or industry regulation, or if payment is past due.

Violation of applicable anti-spam regulation may also cause third-party legal action against you.

Text Send Go will not use your database or any other private information stored in your account for any purpose other than those indicated in these Terms of Use or to comply with legal requirements.

Governing Laws and Carrier Regulations

The validity, construction, and performance of this agreement will be governed by and construed in accordance with the laws of the State of California without giving effect to their conflict of law principles. You agree that the federal or state courts sitting in California will be the exclusive courts of jurisdiction and venue for any litigation, special proceeding, or other proceeding as between the Parties that may be brought, arise out of, in connection with, or by reason of these Terms of Use.

Laws and regulations that govern the sending of SMS messages include but are not limited to the following (all linked websites subject to change). Before using Text Send Go’s service, you agree to review and abide by all relevant laws and regulations, and to check regularly for any revisions, as they may be amended over time. Text Send Go does not make any claims that Text Send Go is an authority on these laws and regulations. These laws and regulations may also be changed from time to time, and it is the Customer’s sole responsibility to stay informed of any change or revisions.

Privacy and Anti-Spam Policies

The following terms and various other sections of this document constitute an introduction to the concept of spam and the general contours of a responsible, permission-based campaign. This general information is not an exhaustive source for applicable laws, guidelines, and compliance responsibilities pertaining to your use of Text Send Go’s service. In the event of any conflict between the information below and any law or industry regulation, you are to observe the applicable law or regulation.

What is spam? Spam is any type of unsolicited message. You should not assume that an existing relationship with any recipient constitutes permission to send messages. For example, if a customer disclosed a mobile number in the course of business but did not give you specific permission to send messages, you cannot send messages to that number.

What constitutes consent? As required by law, all message recipients must be clearly and fully notified of (1) the collection of their contact information, (2) the purpose of its collection, and (3) the use of their contact information. All message recipients must also give explicit consent prior to receiving your call or message. The required documentation of consent differs depending on the nature of your message.

  •     Solicitation (e.g. promotions, promotional announcements, coupons, and deals):
    NOTE: You are required to obtain prior express WRITTEN or ELECTRONIC consent to send solicitation messages via text or voice from each contact regardless of a previous or standing business relationship with the contact. See below for more details.

  •     Non-solicitation (e.g. reminders, alerts, and appointments):
    NOTE: You are required to obtain prior express consent from each contact before you send messages regardless of a previous or standing business relationship with the contact. Such consent may be written or verbal but must be documented.

Purchasing a product or service from you, participating in an event, or “liking” or “following” your business on Facebook or Twitter does not constitute consent to receive messages from you, and cannot be a condition for opting in to receive messages from you. In addition, subscribers must specifically opt-in to receive text messages from you. If you require confirmation of opt-ins to your service but do not receive a response from a given contact, you do not have sufficient consent and may not send messages to that contact.

What constitutes prior express written consent? The revised TCPA rule defines prior express written consent as a written agreement, signed by the person receiving the call or text, with a “clear and conspicuous disclosure” that specifically authorizes the Sender to send communications using an automated system or artificial pre-recorded voice to the specific telephone number that has consented. Subscriber must not be required to sign the agreement as a condition of purchasing any property, goods or services. As indicated in the ESIGN Act, the required signature may be obtained via email, online form, text message, telephone keypad, or voice recording. For more details on the revised TCPA regulation, click here.
 

In order to stay compliant with laws and regulations regarding consent and spam, you must agree to the following prior to sending messages:

  •     You agree that you will not access or otherwise use any third-party list of email addresses or phone numbers or otherwise engage in unsolicited messaging in connection with Text Send Go’s service.

  •     You agree to all terms set forth in Text Send Go’s Import Agreement, Privacy Policy and Anti-Spam Policy.

  •     You agree that you will import, add, edit, access and otherwise use in connection with Text Send Go’s service only contact information with proof, which you shall retain, of each subscriber’s prior express written consent to receive solicitation from you. Text Send Go reserves the right to deny access to import functions, to impose a stringent qualification process, to require proof of consent method, or to require documentation of you or your organization’s legal identity.

  •     You agree to assume sole responsibility to not re-add or import any contacts that have been deactivated without acquiring proper opt-in again after deactivation. If a subscriber ports/migrates their mobile number to a different carrier, this may lead to the mobile number being deactivated by the carriers and removed automatically from all contact lists stored within the Text Send Go system. Text Send Go provides no warranty as to the accuracy of any deactivated contacts. Carriers require that, upon deactivation, any prior opt-ins are considered invalid.

  •     You agree to represent truthfully your identity, the identity of your organization, your product or service, availability, pricing, benefits, and any other offering aspects to your subscribers in all messages.

  •     You agree to comply with all local, state, and federal regulations as well as general practices governing your content or promotion type.

  •     You agree that any data in your database may be altered by Text Send Go at the subscriber’s request due to CCPA, GDPR, and other data protection laws.
     

Text Send Go has a no-tolerance policy toward spam. Text Send Go does not assume the duty or obligation to monitor messages. However, Text Send Go reserves the right, in its sole and absolute discretion, to monitor any and all messages created or sent by you or any third party at any time without prior notice to ensure that they conform to guidelines and policies pertaining to Text Send Go’s Website and services.

Evading Text Send Go’s monitoring system or the transmission of spam messages through the system violates these Terms of Use. If you know of or suspect any violators, please notify us immediately by emailing us at Hello@TextSendGo.com.

Required Disclosures for Subscribers

Every outgoing email via the Text Send Go service must contain a link that allows the recipient to unsubscribe from your distribution list(s). All voice broadcasts also must include verbal instructions for opting out of your calling list. All text programs must conform to the latest available best-practice guidelines published by the Cellular Telephone Industries Association (CTIA), which you agree to review before using Text Send Go’s service.

IMPORTANT for Mobile Keywords, Online Sign-up Forms, and Other Contact Collection Methods: For mobile keywords, online sign-up pages, or any other means to collect contact information, you must include the opt-in disclosure shown below (after you have filled in the appropriate fields) in all of your promotional materials: all media, website, printed material, digital and event promotions, broadcasts, and any other material promoting your mobile keyword. The Telephone Consumer Protection Act (TCPA) and Cellular Telephone Industries Association (CTIA) strictly prohibit omission of this disclosure in whole or in part. Failure to include the following terms may result in suspension of your mobile keyword, online sign-up page, or any other means to collect contact information.

  •     Summary Terms & Conditions: Our mobile text messages are intended for subscribers over the age of [minimum age] and are delivered via U.S. short code [short code], long code [long code], and/or toll-free number [toll-free number]. You will receive up to [message count] message(s) per month for [messaging program or content]. Message and data rates may apply. For help, text HELP to the number that sent you the message, email [support email], or call +1 [support phone number]. You may stop your mobile subscription at any time by text messaging STOP to the number that sent you the message. [Link to Terms & Conditions] [Link to Privacy Policy]
     

Acceptable Use Policy

Text Send Go’s services may be used for only lawful purposes. Using the services in an illegal or abusive manner or any other manner that interferes with or diminishes others’ use or enjoyment of the services is prohibited. If Text Send Go determines that you are in violation of Text Send Go’s policies, Text Send Go reserves the right to suspend your use of the account, subject to Text Send Go’s NO REFUND policy. Text Send Go also is not responsible for any direct or indirect ramifications or damages that may occur due to a suspension, cancellation, or termination of your account.
 

The following list gives examples of illegal, abusive, interfering, or otherwise illicit use of the services. This list is provided by way of example and shall not be considered exhaustive.

  •     Adversely affecting the availability, reliability, or stability of Text Send Go’s services including but not limited to hacking, data breach, or actions that limit Text Send Go’s network access.

  •     Any actions that adversely affect the availability, reliability, or stability of Text Send Go’s services by causing a compliance violation inquiry of any Text Send Go code or number.

  •     Launching or facilitating a denial-of-service attack on any of Text Send Go’s services.

  •     Attempting to bypass, disable, or impair any security measure or otherwise using the services in any manner posing a security or service risk to Text Send Go, any Text Send Go client, or any of their subscribers.

  •     Testing or reverse-engineering the services in order to evade filtering capabilities or to find limitations or vulnerabilities.

  •     Using the services in any manner that may subject Text Send Go or any third party to liability, damages, or danger.

  •     Using the services in any manner that violates any applicable third-party policy or requirement.

  •     Using the services in any manner that violates the Mobile Marketing Association’s guidelines or best practices, carrier guidelines (e.g. CTIA Guidelines), or any other industry standard.

  •     Promoting or engaging in any illegal activity, including but not limited to fraud, in any connection with your account.

  •     Using any property or material trademarked or copyrighted by Text Send Go in any manner other than those expressly permitted under these Terms of Use.

  •     Message transmission or any other manner violating, infringing, or misappropriating the rights of any third party, including but not limited to trademarks, copyrights, and rights of publicity.

  •     Harvesting or otherwise collecting without consent information including but not limited to email addresses and phone numbers.

  •     Engaging in spamming or any other activity that violates anti-spamming laws and regulations, including but not limited to the CAN-SPAM Act, the Telephone Consumer Protection Act, and the Do-Not-Call Act.

  •     Using the services in connection with any unsolicited or unwanted transmissions (commercial or otherwise), including but not limited to phone call, text message, email, and voicemail.

  •     Offering any emergency services. (“emergency services” meaning any communications connection to emergency personnel or to public-safety answering points such as 911 and E911)

  •     Using your account to mislead others as to the identity of the sender or the origin of a message or phone call by any means including but not limited to a false identity, a misleading email address or phone number, and a forged header.

  •     Misrepresentation of your identity, business, use case, or message type to Text Send Go or the carriers.

  •     Violating or facilitating the violation of any U.S. or foreign law governing the transmission of technical data or software.

  •     Interfering with or disrupting any network connected to Text Send Go services or violating the regulations, policies, or procedures of any such network.

  •     Using the Text Send Go services or any component thereof in a manner not authorized by Text Send Go.
     

Prohibited Content

In addition to and without limitation to terms under the Acceptable Use Policy, Text Send Go prohibits any use of the service in connection with any of the following types of content, products, and services.

In regard to the treatment of message content and message recipients (including imported contact information), Text Send Go is a common carrier system that conveys messages created by Customer. In creating and sending messages, Customer must follow the guidelines of wireless carriers and legislation including the TCPA, the MMA, the CTIA, and the CAN-SPAM Act. Customers must also adhere to the guidelines set by Text Send Go including these Terms of Use, Text Send Go’s Privacy Policy, and Text Send Go’s Anti-Spam Policy. If Customer is based and operating in Canada, Customer agrees to follow the regulatory legislation of the CRTC and to observe the industry standards and guidelines applicable to recipients in their respective countries.

Where prohibited by applicable law within the jurisdiction in which the Customer uses Text Send Go’s services, Text Send Go prohibits any use of the service in connection with any of the following types of content, products, and services. This list is not exhaustive, and there may be other use cases that are not permitted by certain legislations and guidelines.

  •     Pornography, sexual products, otherwise sexually explicit material, and escort services.

  •     Content related to the sale or promoting the use of drugs and contraband determined to be illegal by any state, federal, or local government.

  •     Content related to the sale or promoting the use of Alcoholic beverages or Tobacco products, especially any promotion to persons under 21 years of age.

  •     Pirated computer programs, viruses, worms, Trojan horses, or other harmful code.

  •     Instructions or materials for the assembly of bombs or other weapons.

  •     Financial Offers where the organization is not the direct lender.

  •     Affiliate offers wherein personal data is shared with third-party organizations.

  •     Text-to-win campaigns on any shared code.

  •     Disclosure of anyone’s private or personally identifying information without such party’s prior express written consent (or parents’ prior express written consent in the case of a minor).

  •     Material that displays any person under 18 years of age in an illicit or otherwise exploitative manner.

  •     On the basis of the practices and standards of your industry and community, any illegal or improper promotion to persons under 18 years of age.

  •     Products, services, or content commonly associated with unsolicited commercial messages (a.k.a. spam), including but not limited to online and direct pharmaceutical sales (e.g., health and sexual well-being products), work-at-home businesses, credit or finance management (e.g., credit repair, debt relief), and claims of lost bank accounts or inheritances.

  •     Any libelous, defamatory, scandalous, threatening, or harassing activity.

  •     Objectionable content including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and any discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age.

  •     Advocation, promotion, or other encouragement of violence against any government, organization, group, or individual or any instruction, information, or assistance in causing or carrying out such violence.

  •     Any product or service that is unlawful where such product or service or promotion thereof is received.

  •     Images of authors, artists, photographers, or others without prior express written consent form the content owner.

  •     Any mention of any wireless carrier or any representation that copies or parodies any product or service of any wireless carrier.
     

Representations

In using this service, you represent and warrant that you have full authority to enter into this agreement and consummate the transactions contemplated, and that this agreement is not in conflict with any other agreement to which Customer is a party or by which it may be bound.

YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ALL DAMAGES ARISING FROM BREACH OF ANY OBLIGATION UNDER THIS AGREEMENT INCLUDING THOSE RELATED TO ANY APPLICABLE LAW, POLICY, REGULATION OR PRIVACY LAW. IN ADDITION, CUSTOMER’S LIABILITY WILL EXTEND TO THOSE IT CONTRACTS WITH AS PART OF THE PROVISION OF CUSTOMER’S SERVICE, INCLUDING BUT NOT LIMITED TO THIRD PARTY AFFILIATES OR ANY ENTITY OR PERSON WHOM CUSTOMER DIRECTS, INSTRUCTS OR MANAGES IN AN EFFORT TO SEND OR RESPOND TO MESSAGES. CUSTOMER AGREES THAT A BREACH OF THIS AGREEMENT BY ANY THIRD PARTY AFFILIATE SHALL CONSTITUTE A BREACH BY CUSTOMER. EXCEPT FOR LIABILITY ARISING OUT OF OR RELATED TO Text Send Go’S FAILURE TO COMPLY WITH APPLICABLE FEDERAL OR STATE LAWS, POLICY, OR REGULATION, OR ITS WILLFUL MISCONDUCT OR NEGLIGENCE, CUSTOMER IS SOLELY LIABLE FOR ANY ACTS OR OMISSIONS CAUSING DAMAGE OR INJURY TO Text Send Go: (I) RESULTING FROM SENDING OR TRANSMITTING ANY MESSAGES TO A PHONE NUMBER, SOCIAL MEDIA ACCOUNT, OR EMAIL ADDRESS; (II) FOR ALL CUSTOMER CONTENT, CUSTOMER SERVICES OR INSTRUCTIONS SUPPLIED BY OR ON BEHALF OF CUSTOMER THAT ARE FALSE, INCORRECT, INCOMPLETE, ILLEGIBLE, OUT OF SEQUENCE, OR IN THE WRONG FORMAT OR ARISING FROM THEIR LATE ARRIVAL OR NON-ARRIVAL, OR ANY OTHER ACT OR OMISSION OF CUSTOMER OR ANY OF ITS AFFILIATES; AND (III) FOR THE ACTS OF ANY AFFILIATES CONTRACTED OR OTHERWISE RETAINED BY CUSTOMER FOR PURPOSES COVERED BY THIS AGREEMENT.

Arbitration

All disputes, claims, or controversies arising from or relating to this agreement or the relationships which result therefrom shall be resolved by binding arbitration in California in accordance with the Rules of the American Arbitration Association. Any controversy or claim subject to this arbitration provision shall be decided by one arbitrator selected by the parties, and judgment on the award may be entered in any court having jurisdiction thereof. Each party shall bear its costs of arbitration.

Amendments

No Agreement or Amendment that claims to modify, amend, supplement or waive the terms of this agreement or any of its provisions, including those by custom, usage of trade, or course of dealing, will be binding on the Parties unless made in writing and duly signed by the Parties.

Waiver

A failure or delay of Text Send Go to enforce at any time any of the provisions of this agreement, or to exercise any option provided in this agreement, or to require at any time performance of any of the provisions in this agreement, will not be construed to be a waiver of such provision of this agreement, nor will it excuse the other Party’s performance of such, nor affect any rights at a later time to enforce the provision.

Severability

If any provision of this agreement is found invalid, illegal, or unenforceable by a tribunal or court of competent jurisdiction, the remaining provisions of this agreement will remain valid and enforceable according to its terms. The invalid, illegal, or unenforceable provision will be replaced by a mutually acceptable provision which, being valid, legal, and enforceable, comes closest to the intention of the Parties. If any provision of this Agreement is held to be excessively broad as to duration, geographical scope, activity, or subject, it is to be construed by limiting and reducing it, so as to be enforceable to the extent compatible with applicable law.

Warranty Disclaimer

Text Send Go PROVIDES ITS SERVICE AND ALL RELATED CONTENT ON AN “AS IS” BASIS. Text Send Go AND ITS LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESSED, IMPLIED, OR STATUTORY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, Text Send Go DISCLAIMS ALL WARRANTIES, INCLUDING AND WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE, AND QUIET ENJOYMENT AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR USAGE OF TRADE.

WITH THE EXCEPTION OF TERMS INDICATED IN ANY SEPARATE SERVICE LEVEL AGREEMENT, Text Send Go DOES NOT WARRANT THAT ITS SERVICES, WEBSITE, TOLL-FREE NUMBERS, SHORT CODES, LONG CODES, EMAILS, VOICE CALLS, OR LINK SHORTENER WILL FUNCTION AS DESCRIBED OR WILL BE TIMELY, UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY STORED DATA WILL BE SECURE OR SAFE FROM LOSS OR DAMAGE. ALTHOUGH Text Send Go SHALL NOT BE RESPONSIBLE FOR ANY SERVICE OR WEBSITE INTERRUPTION, Text Send Go WILL ATTEMPT TO REROUTE TRAFFIC THROUGH OTHER MEANS AS APPLICABLE, IF THE PRIMARY SHORT CODE, LONG CODE, OR TOLL-FREE NUMBER IS IMPAIRED.

NO VERBAL ADVICE OR WRITTEN INFORMATION GIVEN BY Text Send Go, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, OR AGENTS OR BY ANY OTHER THIRD PARTY SHALL CREATE ANY WARRANTY. NOR MAY YOU OR YOUR SUBSCRIBERS INTERPRET ANY SUCH INFORMATION OR ADVICE AS SUCH REPRESENTATION. ANY ADVICE OR CONSULTATION PROVIDED BY Text Send Go, ITS EMPLOYEES, LICENSORS, LICENSEES, AFFILIATES, WEBSITE, OR AGENTS SHOULD NEVER BE INTERPRETED AS LEGAL ADVICE OR AUTHORITATIVE CONSULTATION. FINAL JUDGEMENT SHOULD BE PROVIDED BY YOUR INTERNAL COMPLIANCE OR LEGAL TEAM.

Indemnification

You hereby agree to defend, indemnify, and hold harmless Text Send Go and its business and technology partners, underlying technology creators, third-party suppliers, operators and providers, licensors, board members, officers, directors, shareholders, employees, distributors, resellers, affiliates, and agents from and against any damages, losses, liabilities, judgments, fines, settlements, and expenses (including, without limitation, costs and reasonable attorneys’ fees) in connection with any claim or action arising from any cause such as (i) any act or omission that, if true, would constitute a breach of this agreement, (ii) any privacy or spam policy violation alleged to have been committed through any use of your Text Send Go account, (iii) any other use of Text Send Go’s service in any manner not authorized by these Terms of Use, in violation of the restrictions herein, or in violation of applicable law, and (iv) any other reason including but not limited to acts of God, destruction, theft, defects, viruses, communication failure, failure of performance, impairment or loss of data, suspension or termination of service, and unauthorized access to Text Send Go’s system, records, data, or settings.

You agree that Text Send Go has the right to seek and recover all of its damages caused by you through any use of the service in an unlawful manner, in a manner that violates Text Send Go’s privacy, acceptable use, import, or anti-spam policies, or in a manner inconsistent with the terms of this agreement. You acknowledge that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance, and consequential damages. You acknowledge and agree that this provision will apply to all services from Text Send Go and its affiliate whether or not Text Send Go is notified of any possibility of such damages. The terms of this section shall survive the termination of this agreement regardless of the cause or nature of such termination.

Termination

Customer may only request termination or cancellation of their online access to Text Send Go service by submitting a support ticket through Text Send Go’s user interface. Customer acknowledges and agrees that all payments made including setup fees, subscription fees, plan fees, service fees, and prepaid text message credits are non-refundable regardless of Customer’s service usage, satisfaction, or account activity. It is the sole responsibility of Customer to utilize the Text Send Go software. Customer acknowledges and agrees that any unused text message credits are also non-refundable.

By making a payment, Customer is accepting the Text Send Go software as provided at Text Send Go.com. All committed fees are to be paid. Customer agrees to pay any outstanding amount for the Text Send Go software whether the Text Send Go software was previously used, will be used, or was cancelled or terminated. Customer may cancel or terminate online access to Text Send Go service at any time, but any commitments under this agreement, including but not limited to paying all fees herein, will remain until all obligations are met with valid payments. Cancellation, suspension, termination, or deletion of the account(s) by Customer or Text Send Go may never be construed as a release or acknowledgment of meeting financial obligations under this agreement. This includes all unpaid dues or financial commitments that were agreed upon under this agreement, even if they are for a period after the cancellation or termination date.

Customer acknowledges and agrees that any failure to make payments due under this agreement will result in Text Send Go pursuing all legal remedies, including seeking the assistance of the courts and/or a collection agency. Customer agrees to pay any costs associated with Text Send Go’s efforts to collect any payments due under this agreement. Lack of activity alone does not automatically cancel or terminate your account, and Customer remains responsible for all applicable service fees.

If a past due account is in the process of payment, any account data may be kept for 30 days at Text Send Go's sole discretion. If an account is cancelled or terminated, the account data will be subject to deletion at any time. If an account contains data that is not identifiable with the account or poses a risk to Text Send Go’s system security, the unidentified data will be deleted as soon as practicable.

Acknowledgements

You hereby acknowledge and agree to the following terms, subject in each case to the terms indicated elsewhere in this agreement.

  •     You understand and agree that Text Send Go will make no refund of any fees regardless of service usage or account activity. It is the sole responsibility of Customer to utilize the service.

  •     Prices are subject to change due to unforeseen circumstances including but not limited to changes in government taxation, carrier charges, aggregation costs, network charges, and other situations outside of Text Send Go’s control. Prices are also subject to change at the time of an account renewal, whether the renewal is automated or requested.

  •     30 days after Customer’s account is terminated, all texting numbers and codes associated with Customer’s account will be deactivated.

  •     The service will be subject to monthly, quarterly, bi-annually, or yearly software license fees.

  •     In cases where sales tax law in your state impacts SaaS services, Text Send Go reserves the right to add additional charges to your account to reflect those taxes including past unpaid taxes.

  •     Some features may not be permissible under the laws of certain jurisdictions. You agree that you bear sole control and responsibility over compliance with any such laws and assume sole liability for any noncompliance.

  •     If your primary code (short code or toll-free) is not provisioned for MMS, all MMS messages may be sent from a different code. You bear the responsibility to test availability of and request for MMS provisioning. Certain wireless carriers may not offer MMS capabilities.

  •     SMS message delivery to Canada is supported through Toll-Free Numbers or Dedicated Short Codes. Message throughput, MMS support, carrier surcharge and carrier support for message delivery to Canada will differ from message delivery to the U.S.

  •     In the case of account termination, Customer understands that Text Send Go keeps control of any codes or numbers that Text Send Go provisioned for Customer to use. These codes cannot be transferred out to be used with another service provider. All code setup fees shall be collected upfront, and annual code and hosting fees will be collected within 60 days of setup. Text Send Go will refund code and hosting fees only if provisioning is declined and after payment for all out-of-pocket quarterly code expenses by Text Send Go have been collected.

  •     Customer grants Text Send Go a nonexclusive, perpetual right to use or copy any content or campaigns created or input by Customer into the Text Send Go Software (“Customer Content”). Notwithstanding the foregoing, nothing in this agreement will confer in Text Send Go any right of ownership in Customer Content.

  •     Text Send Go is not required to provide data outside of what is available through the UI, including but not limited to exported files containing specific messages, subscriber phone numbers, and opt-out lists.

  •     You are not allowed to import or incorporate (into any contact list, message, social campaign) or upload (to Text Send Go servers) any of the following information: social security numbers, national insurance numbers, credit card numbers, passwords, security credentials, or sensitive personal or medical information of any kind.

  •     You and Text Send Go agree that this agreement is a factual and material statement of the mutual understanding and working relationship of the parties and that all waivers and modifications must be in writing signed by both parties, except as otherwise provided herein. No verbal exception or agreement with any Text Send Go representative will be honored unless in writing and signed by both parties.

  •     No agency, partnership, joint venture, or employment is created as a result of this agreement, and you have no authority of any kind to bind Text Send Go in any respect whatsoever.

  •     Text Send Go shall bear no liability to you or any third party for any direct, indirect, incidental, special, or consequential damages due to any manner of use or inability to use service elements including but not limited to short codes, long codes, toll-free numbers, mobile keywords, online sign-up pages, API keys, login access, the control panel, and DSP email servers.

If you have any questions, concerns, or comments about these Terms of Use, you may email Hello@TextSendGo.com to contact us.

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