Terms & Conditions
User Agreement:
In consideration of your use of the 1st Text mobile messaging service ("Service"), you hereby agree as follows:
1. DESCRIPTION OF SERVICE.
The 1st Text mobile messaging service (the "Service") provides a web-based application for managing mobile marketing campaigns including mobile messaging capabilities. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You understand and agree that the Service is provided to you on an "AS-IS" basis and that 1st Text assumes no responsibility for the timeliness, deletion, mis-delivery, or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access and subsequent usage may involve third party fees (such as an Internet Service Provider).
2. REGISTRATION
In consideration of your uses of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current, and complete. If you provide any information that is untrue, inaccurate, not current, or incomplete, or 1st Text has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, 1st Text has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Children under the age of 18 may not sign up for an 1st Text account or use any 1st Text services.
3. PAYMENTS, FEES, REFUNDS AND CANCELLATIONS.
a. Payment by Credit Card. You hereby authorize 1st Text to charge your credit card as set forth in the Payment Method section of the Registration Form to pay for the one-time Service fee and all monthly (subscription) Services fees to 1st Text at the rates set forth in the Fees Section of the Registration Form. Furthermore, it is understood that all services are paid in advance of service by credit card and you agree "not" to dispute service rendered once your three (3) day right of recision has passed in keeping with Commonwealth of Pennsylvania Law.
b. We have a "no refund" policy. Once service is rendered and our systems have been setup and utilized by a client, 1st Text must recover expenses that 1st Text has incurred to provide the web-based mobile marketing platform that our clients utilize.
c. Cancellation Policy. 1st Text requires cancellation in writing 30 days prior to customer’s renewal date of the monthly period. If the customer does not receive acknowledgement of cancellation from 1st Text within 48 hours (Monday - Friday, excluding holidays), customer must then contact 1st Text via phone requesting such receipt. If customer attempts to cancel after the predetermined cancellation period, customer will be charged for the next month. 1st Text does not offer prorated refunds.
4. PRIVACY POLICY
Registration Data and certain other information about you are subject to our Privacy Policy. For more information, please contact us for our full privacy policy. You consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States and/or other countries for storage, processing, and use by 1st Text and its affiliates. 1st Text may reasonably use your name and logo for its investor relations and marketing purposes.
5. MEMBER ACCOUNT, PASSWORD, AND SECURITY.
You will receive a password and account designation upon completing the Service’s registration process. You are responsible for maintaining the confidentiality of the password and account designation and are fully responsible for all activities that occur under your password or account designation. You agree to (a) immediately notify 1st Text of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. 1st Text cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.
6. USER CONDUCT
a. You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages, or other materials (“Content”), whether publicly posted or privately transmitted, is the sole responsibility of the person from which such Content originated. This means that you, and not 1st Text , are entirely responsible for all Content that you upload, post, email, transmit, or otherwise make available via the Service. 1st Text does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity, or quality of such Content. Under no circumstances will 1st Text be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
b. You agree to not use the Service to:
i. upload, post, text message, email, transmit, or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
ii. upload, post, text message, email, transmit, or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary, and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or which violates the intellectual property rights of a third party);
iii. impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with, a person or entity;
iv. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
v. upload, post, text message, 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 mobile telephone, mobile device, computer software or hardware or telecommunications equipment;
vi. "stalk" or otherwise harass another; and/or
vii. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs (i) through (vi) above.
c. You agree that 1st Text may or may not pre-screen Content, but that 1st Text and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, 1st Text and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable.
d. You agree that 1st Text 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 any subpoena or other legal process; (ii) enforce this Agreement; (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 1st Text , its users and the public.
7. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE.
1st Text does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant to 1st Text a worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform, and publicly display such Content on the Service and elsewhere for the purpose for which such Content was submitted or made available, and also for the purpose of providing and promoting the Service to which such Content was submitted or made available.
8. INDEMNITY.
ou agree to indemnify and hold 1st Text , and its subsidiaries, affiliates, officers, agents, attorneys, co-branders, or other partners, and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of Content you submit, post, transmit, or make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, your violation of any rights of another, or your violation of any law.
9. GENERAL PRACTICES REGARDING USE AND STORAGE.
You agree that 1st Text may establish general practices and limits concerning use of the Service and that 1st Text has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.
10. MODIFICATIONS TO SERVICE.
1st Text reserves the right at any time, and from time to time, to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 1st Text shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
11. TERMINATION.
You agree that 1st Text may, under certain circumstances and without prior notice, immediately terminate your 1st Text account, any associated text message address and/or email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you, (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (g) your engagement in fraudulent, illegal, or improper activities, (h) third party operator requirement, and/or (i) nonpayment of any fees owed by you in connection with the Services. You may terminate your access and use of the Service upon prior written notice to 1st Text. In no event shall you be entitled to a refund of any fees paid to 1st Text hereunder.
12. PROPRIETARY RIGHTS.
You agree that title, ownership rights and all intellectual property rights in and to the Services shall remain the sole and exclusive property of 1st Text and QWASI, Inc. You are prohibited from attempting, or knowingly permitting or encouraging others to attempt, to reverse engineer, decompile, disassemble, or otherwise attempt to determine source code or protocols from the Services except and only to the extent permissible by applicable law despite such prohibition. You agree not to reproduce, duplicate, copy, sell, trade, resell, or exploit for any commercial purpose, any portion of the Service (including your 1st Text I.D., account, account designation, password and other 1st Text information), use of the Service, or access to the Service.
13. DISCLAIMER OF WARRANTIES.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 1st Text EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. 1st Text MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED (vi) THAT THE INTERNET WILL BE AVAILABLE AND WILL PERFORM.
c. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 1st Text OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
14. LIMITATION OF LIABILITY.
YOU AGREE THAT 1st Text SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, 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 1st Text HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) 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; OR(c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
15. EXCLUSIONS AND LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 18 AND 19 MAY NOT APPLY TO YOU
16. NOTICE.
1st Text may provide you with notices, including those regarding changes to the Agreement, by text message, e-mail, regular mail, or postings on the Service.
17. TRADEMARK INFORMATION.
The trademarks, service marks, logos and product and service names of 1st Text are trademarks of 1st Text . You agree not to display or use in any manner the 1st Text Marks without 1st Text ’s express prior written consent.
18. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT.
1st Text respects the intellectual property of others, and we ask our users to do the same. 1st Text may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringes. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to 1st Text:
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. a description of where the material that you claim is infringing is located on the Service 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;
f. a statement by you, made under penalty of perjury, that the above information in your Notice 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.
19. GENERAL INFORMATION
Choice of Law and Forum: This Agreement and the relationship between you and 1st Text shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and 1st Text agree to submit to the personal and exclusive jurisdiction of the courts located within Pennsylvania.
Waiver and Severability of Terms: The failure of 1st Text to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Non-Transferability: You agree that your 1st Text account is non-transferable, and this Agreement may not be assigned by you without 1st Text’s prior written consent.
Entire Agreement: This Agreement constitutes the entire agreement between you and 1st Text and governs your use of the Service, superseding any prior agreements between you and 1st Text with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services from 1st Text.
