EquiiText Terms and Conditions
1. YOUR RELATIONSHIP WITH EQUIITEXT
2. ACCEPTING THE AGREEMENT
BY ACCEPTING THIS AGREEMENT, YOU AUTHORIZE TEXSTER LLC (“EQUIITEXT”)TO ACT AS YOUR LIMITED AGENT FOR THE SOLE PURPOSE OF SMS AND/OR VOICE MESSAGE ORIGINATION AND DELIVERY THROUGH AN INDEPENDENT AND DIRECT INTERFACE WITH THE EQUIITEXT MESSAGING SYSTEM. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES, AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES, AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If EquiiText makes material changes to the Agreement, we will notify you by email before the changes are effective. Any new features that augment or enhance the current Platform, including the release of new tools or resources, shall be subject to the Agreement. Continued use of the Platform after any such changes shall constitute your consent to such changes. VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT.
a. You may not use the Platform and may not accept the Agreement if you are not of legal age to form a contract with EquiiText, or you are a person or entity barred from receiving Services under the laws of the United States or other countries including the country in which you or from which You use the Services.
b. You must be a human. Accounts registered by”bots” or other automated methods are not permitted.
c. You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
3. DESCRIPTION OF THE PLATFORM
The Platform is a text-messaging cloud service. Registered users of the Platform can send, receive, and back up text messages and contacts (“Content”), which will be stored by EquiiText. Content created or uploaded to EquiiText will be made available on end clients or Services associated with the Platform. Content available on EquiiText can be shared with other registered users or non-registered users at your discretion. Content will be made available for full download for all Services and Platforms at a mutually agreeable time which shall be no less than monthly via the EquiiText API or other mutually agreed upon method.
4. PAYMENTS, REFUNDS, UPGRADING, AND DOWNGRADING TERMS
a. Pay-As-You-Go Trial Programs shall be at no cost for 30 days. After the 30-day Trial, you can terminate this agreement without penalty or charges.
b. Services are billed in advance on a monthly basis and are non-refundable unless the service is not functioning as represented, in which case a refund may requested on a pro-rated basis.
c. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
d. Failure to make payment per the terms of your agreement may cause the loss of content, features, or capacity of your Account. EquiiText does not accept any liability for such losses.
5. CANCELLATION AND TERMINATION
a. You are solely responsible for properly canceling your Account. An email is required to cancel your Account. You may cancel your Account no fewer than 30 days before the end of your contract term, by sending email to Support@EquiiText.com. Payments for the balance of your contracted term must be paid in full before the cancellation will go into effect.
b. Upon cancellation or termination of this Agreement or an Account, the parties will make reasonable efforts to transfer all Content to you at a mutually agreeable time and location managed by you via the EquiiText API or other mutually agreed upon method. Following this transfer, all your Content will be immediately deleted from the Service. This information cannot be restored in the future if you choose to register for the Service in the future.
c. EquiiText shall not be liable to you or to any third party due to your Account being cancelled or terminated, including Accounts terminated by EquiiText due to violation of the Agreement.
6. MODIFICATIONS TO THE SERVICE AND PRICES
a. Prices of all Services, including but not limited to monthly subscription plans, are subject to change upon mutual agreement of the Parties.
b. EquiiText shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. COPYRIGHT AND CONTENT OWNERSHIP
EquiiText is a service mark of Texster LLC.
a. Unless you have agreed otherwise in writing with EquiiText, you may not use any of EquiiText trade names, trademarks, service marks, logos, icons, images, domain names, and other distinctive brand features.
c. We claim no copyright or intellectual property rights over the Content uploaded or created by you within the Service.
8. ACCOUNT LEVEL SECURITY
a. You agree and understand that you are responsible for maintaining the confidentiality of your EquiiText passwords.
b. If you become aware of any unauthorized use of your password or of your account, you agree to notify EquiiText immediately at Support@EquiiText.com
10. EXCLUSION OF WARRANTIES
a. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND AND EQUIITEXT HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED
b. EQUIITEXT DOESN’T REPRESENT OR WARRANT TO YOU THAT (A)YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, EXCEPT THAT IF SERVICE IS UNAVAILABLE FOR 120 CONSECUTIVE HOURS DURING THE TERM OF THIS AGREEMENT, YOU MAY TERMINATE THIS AGREEMENT AND EQUIITEXT SHALL REFUND AN AMOUNT EQUAL TO YOUR MOST RECENT MONTHLY SUBSCRIPTION AMOUNT (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
11. LIMITATION OF LIABILITY
EQUIITEXT SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; YOUR FAILURE TO PROVIDE EQUIITEXT WITH ACCURATE ACCOUNT INFORMATION; YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL.
12. GENERAL CONDITIONS
EquiiText continuously makes changes to the Platform in order to provide the best possible experience for its users. You accept and agree that the form and nature of the Services which EquiiText provides may change without prior notice. Continued use of the Platform after any such changes shall constitute your consent to such changes.
a. As part of this constant innovation, EquiiText may stop providing any features within the Services to you or to users at the sole discretion of EquiiText, but EquiiText will provide notice to you of said changes in a timely manner prior to promoting the changes to production.
b. In order to access certain Services or use them on an ongoing basis, you may be required to provide information about yourself (such as mobile number or contact details) as part of the registration process for the Service, or as part of your continued use of the Platform. You agree that any registration information you give to EquiiText will always be accurate, correct and up-to-date. Failure to provide the correct information shall result in account deactivation.
d. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by EquiiText, unless you have been specifically allowed to do so in a separate agreement with EquiiText. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of any scripts, web crawlers, spiders, robots, site/search retrieval application) especially for the creation of user accounts.
e. There are currently no limits to the number of transactions (i.e. text messages sent or received, etc.) performed through the EquiiText Services or in the amount of storage space used for the provision of any Service. You accept and agree that limits may be set at any time, at the discretion of EquiiText, but EquiiText will provide notice of limitations set on transactions in a timely manner prior to promoting the changes to production. There is an enforced “Anti-SPAM Policy” that you must adhere to and accept by agreeing to the Terms of Service. The FCC and TCPA policy, rules, and laws regarding text-messaging spam will be strictly enforced. Messaging is not limited for inbound and outbound messages. Message flow, inbound and outbound, are throttled as defined by the package purchased. If such limits, set by EquiiText, are deemed by you to be unacceptable because the limits do not allow you to use the Services for the purposes intended in this original contract, you may upgrade your current monthly subscription to reflect a more accurate limit as you see fit, or you may terminate this agreement no fewer than 30 days following your most recent subscription date. There is an enforced License Agreement you must adhere to and accept by agreeing to the Terms of Service.
f. Messages shall be deemed to have been delivered when EquiiText delivers the messages to the immediate destination, including mobile telephone networks or any other intermediary server/API that is designated as the point of delivery for the message. EquiiText does not guarantee delivery on behalf of mobile carriers.
g. Although EquiiText provides extensive text-messaging coverage including all major U.S. mobile carriers, EquiiText makes no guarantees to its network coverage or the carriers ability to deliver messages to all recipients.
h. Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
i. You agree that you will not engage in any activity that interferes with, disrupts, damages, impairs, or disables the Services (or the servers and networks which are connected to the Services).
j. You understand that EquiiText uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
k. You agree not to harass or advocate harassment of another person or entity. You agree to never impersonate any person or entity or misrepresent in any way your affiliation with a person or entity. You agree to never send text messages to unknown mobile numbers or to mass text unsolicited persons.
l. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any EquiiText customer, employee, or member will result in immediate account termination.
m. You understand that the technical processing and transmission of the Service, including your Content, may be transferred un-encrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
n. You understand that EquiiText messaging Services act only as a Platform for users to send text messages to a contact(s) mobile phone and that EquiiText does not itself verify the content of messages sent by users or messages received by users. EquiiText cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, legality or applicability of any text message sent to a mobile number or received by any user. Text message at your own risk.
o. Unless you have been specifically permitted to do so in a separate agreement with EquiiText, you agree that you will not modify, adapt, reverse engineer, reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
p. You expressly understand and agree that EquiiText shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if EquiiText has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of Your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
q. You agree that you are solely responsible for (and that EquiiText has no responsibility to you or to any third party for) any breach of your obligations under the Terms of Service and for the consequences (including any loss or damage which EquiiText may suffer) of any such breach.
r. If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
The parties’ rights and obligations will bind and inure to the benefit of their respective successors, heirs, executors and administrators and permitted assigns. Any attempted assignment of your rights or delegation of your obligations will be void without the prior written consent of EquiiText. This Agreement is governed by the laws of the State of Nevada, excluding conflicts of laws principles. This Agreement constitute the parties’ final, exclusive and complete understanding and agreement with respect to the subject matter hereof and supersede all prior and contemporaneous understandings and agreements relating to its subject matter. Any waiver, modification or amendment of any provision of this Agreement shall be effective only if in writing and signed by the parties to this Agreement. Any notices required or permitted hereunder shall be given to the appropriate party at the address specified below or at such other address as the party shall specify in writing. Such notice shall be deemed given upon personal delivery, or sent by certified or registered mail,postage prepaid, three (3) days after the date of mailing.
EQUIITEXT ACCEPTABLE USE POLICY
This document is an extension of the EquiiText Terms of Service.
EquiiText provides a text messaging Service for customers to extend text messaging beyond the mobile phone. Users of the EquiiText Service can send texts from the EquiiText Platform via our Web and Android apps. Advanced users can use the EquiiText API with their EquiiText Account. By signing up for EquiiText you agree to adhere to the EquiiText Terms of Service and License Agreement.
Using the EquiiText Service for spam will result in your account being deactivated immediately. We take spam and unsolicited messaging very seriously. Text messaging (including SMS) is a regulated medium. There are a number of governing bodies that help to protect the consumer from spam. EquiiText builds safeguards into our Service to protect consumers. As a User of the Platform, you are also responsible for respecting the governing laws. As a User of EquiiText, you are agreeing to be a good citizen of the Platform.
Below are general guidelines for using text messaging for anything beyond just a conversation between friends. There are a few philosophies that resonate between all of them.
1. Content must be age appropriate for all audiences.
2. Customers should opt-in to receive messages from you if you will be advertising to them or will be sending promotional material to them.
3. Customers should be able to opt-out of your marketing campaigns or promotional material.
4. That is until the user opts back into the service.
5. On the initial message to the customer, it is best to provide information on how they can opt out of the service.
6. In an effort to protect all users, you should look for keywords that denote a user’s intention to opt-out of receiving text messages.
7. Those keywords include, but are not limited to:stop, stop2end, block, end, unsubscribe, cancel, and quit.
8. Understand that if a message is received from the customer, it is your responsibility to comply with that request and use the Opt-out function provided by EquiiText to prevent further messages from being sent to that user.
QUESTIONS AND SUPPORT
We understand that there are quite a few rules to read and absorb. If You have any questions, please feel free to reach out to us at support@EquiiText.com
For further information, please refeLicense
Application Software License Agreement
1. OUR TEXTING USER INTERFACE DOES NOT SUBSTITUTE FOR LEGAL COUNSEL ON FTC TEXTING LAWS OR RULES. USE AT YOUR OWN RISK.
This Software is not sanctioned or approved by any government agency. Although we have provided some features that help Licensees comply with texting best practices, any use of the Software is at your own risk. You MUST seek legal counsel to provide you with advice on whether your specific use or intended use of this Software is in compliance with applicable law and industry best practices.
Licensor will not sell your information or rent it out; your information will be used only to further provide value in the Licensor-Licensee business relationship. The only time your data will be given to Licensor is if you voluntarily provide it to Licensor’s site or to a third party after you click an ad or offer that may be presented to you, or by a lawful governmental court order.
3. Licensee acknowledges that this is a limited nonexclusive License, only. Licensor is now and will remain the owner of all titles, rights, and interests in the Software. Licensor retains the right to cancel Licenses to Licensees and any agreements at-will.
4. This License permits Licensee to install the Software on more than one mobile device through normal market procedures. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
5. This Software is subject to a limited warranty. Licensor warrants to Licensee that the physical medium on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of Licensor’s knowledge. Licensee’s use of this Software according to the printed documentation is not an infringement of any third party’s intellectual property rights. This limited warranty lasts for a period of 5 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 5 days after delivery of the Software to Licensee, Licensee has specific legal rights pursuant to this warranty and, depending on Licensee’s jurisdiction, may have additional rights.
6. In case of a breach of the Limited Warranty, Licensee’s exclusive remedy is as follows: Licensee will return all copies of the Software to Licensor, at Licensee’s cost, along with proof of purchase. (Licensee can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting Licensor at (888) 501-3550 or firstname.lastname@example.org.) At Licensor’s option, Licensor will either send Licensee a replacement copy of the Software, at Licensor’s expense, or issue a full refund.
7. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
8. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.
9. Licensor has the right to terminate this License Agreement and Licensee’s right to use this software upon any material breach by Licensee.
10. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
11. REFUND POLICY: Licensee is not entitled to a refund following the limited warranty that occurs within a 5-day period after initial delivery of the Software. If you wish to stop paying for your monthly subscription without cancelling your account, you may choose to revert to a “Pay-As-You-Go” subscription. The “Pay-As-You-Go” subscription ensures Licensee is not required to pay the full subscription amount that Licensee may have been paying previously, but will allow Licensee to pay for each credit charge on a per-credit basis for the amount established by the “Pay-As-You-Go” credit cost. Licensee is therefore liable to pay for all charges incurred on your account, including but not limited to the monthly cost of any and all local virtual numbers, toll-free virtual numbers, and shortcodes attached to Licensee’s account, as well as the per-credit costs for any and all individual charges, including but not limited to voice minutes, text messages (inbound or outbound), landline removals, misuse or non-compliant use of Software, etc.
12. CANCELLATION POLICY: You may cancel your account with Licensor at any time. However, if you cancel your account, all information associated with Licensee’s account, including but not limited to contact information, automatic responses, scheduled messages, timed follow-up messages, messages saved in Licensee’s inbox, voice messages, local virtual numbers, toll-free virtual numbers, and shortcodes may be deleted from the Software by Licensor.
13. NON-COMPLIANCE/VIOLATIONS POLICY: If at any time the Licensee is found to be in violation of the Telephone Consumer Protection Act (TCPA), your account will be suspended and/or canceled. access to your service will be temporarily suspended until further investigation determines the validity of this violation. An affirmation that you have read and agreed to the Terms of the EquiiText Application Software License Agreement will also be required. If you fail to comply to the affirmation of the Application Software License Agreement withint three (3) business days of receiving Licensor’s email notice or we find that you or someone who has access to your EquiiText account has violated TCPA Compliance, your account will be terminated, and Licensee will be permanently banned from using EquiiText Software under the Licensee name or Licensee business name of the previously used account.
14. This License Agreement is the entire and exclusive Agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
15. This License Agreement is governed by the law of Nevada applicable to Nevada contracts.
16. This License Agreement is valid without Licensor’s signature. It becomes effective upon the signature of Licensee of upon Licensee’s use of the Software, whichever comes first.
Anti-SPAM Policy and Disclaimer
SPAM COMPLIANCE POLICY
Further, as the internet & telecommunications and their governance changes rapidly, the data can only be used in our software upon the express condition that the Customer complies with any newly enacted regulation regarding spam, the internet or consumer privacy or any other regulation regarding same not expressly delineated herein.
By purchasing any of our Licensing options or any other products available from us, you, the Customer, and any and all third-parties or assignees of said Customer, agree to use our software or other products in accordance with the CAN-SPAM Act and any and all applicable local, state, and federal privacy laws together with any and the European Anti-Spam Directives currently in effect or enacted in the future.
The CAN-SPAM Act set forth permission-based guidelines whereby one must send such commercial emails to only to those who have requested to receive them. Your “Text Messages” could possibly be regulated under said laws. The data/leads used by you with our software are to be exclusively Opt-In only.
Further, the CAN-SPAM Act requires certain disclosures and content in the “to/from” and “subject” lines of a commercial email, as well as specific content in the message itself concerning, among other things, the ability of a recipient of a commercial email to “opt out” or no longer receive said commercial email. For more information, please read the CAN-SPAM Act and visit The Coalition Against Unsolicited Email (www.cauce.org).
EUROPEAN ANTI-SPAM DIRECTIVES
Your Spam Complaint notice must provide the following information:
1. Identification of our software users claimed to be spamming;
2. Identification or example of alleged spam sent;
3. Any other information that can help us enforce our anti-spam policies, such as 10-digit or 5-digit numbers originating the spam,etc.;
4. A statement by you that the above information in your notice is accurate, made under penalty of perjury;
5. Your signature.
The notice should be mailed to: Texster LLC
2767 N. Green Valley Pkwy
Henderson, NV 89014
United States Upon receipt of notice as described above, EquiiTEXT will take whatever action, in its sole discretion, it deems appropriate.
We completely disclaim any and all responsibility for any Customer found to be using our software for unlawful spamming or any other unlawful use as defined under the CAN-SPAM ACT or any and all applicable local,state and federal internet and privacy laws, including the Federal Trade Commission Telemarketing Sales Rule, 16 C.F.R. Part 310 , or with the European Anti-Spam Directives, the Directive 2000/31/EC of the European Parliament and Council of 8 June 2000, on legal aspects of information society services, in particular, electronic commerce in the Internal Market &Telecommunications, or with the Directive 2002/58/EC of the European Parliament and Council of 12 July 2002, concerning the processing of personal data and the protection of privacy in the electronic communications sector. No Customer may use the software to send unsolicited and unwanted correspondence to anyone.