Effective Date: 17/01/2021

Last edited: 17/01/2021

 

2WAY  TERMS OF SERVICE 

INTRODUCTION

2WAY is a service that provides business entities and organizations (“Heroes”) with smart and efficient way of contact with individuals (“Members”) that are interested in receiving text messages from respective Heroes. 2WAY was created to help communicate using well known SMS channel while using mobile devices with ease. In these Terms of Service “we,” “us,” “our” or “2WAY” will refer to 2WAY, INC.  with its registered seat at 651 N Broad St, Suite 206, Middletown, ZIP code 19709, Delaware.  Members, Heroes and any persons authorized by Heroes to use 2WAY Heroes’ accounts may be referred to in these Terms as the “Users.”

GENERAL RULES

Please read carefully these Terms of Service („Terms“) before accessing or using 2WAY as they contain the legal terms and conditions of using 2WAY and create a legal commitment between you and the 2WAY. 

If you do not agree to these Terms, you must not click “I agree” and cannot use the 2WAY services.

If you are under the age of 13, you are not permitted to use 2WAY. If you are at least 13-18 years old (or under the applicable age of majority in your state or territory of residence), you may use 2WAY only if you have the consent of your parent or legal guardian.

In order to use 2WAY in a business entity, you represent that you have the authority to act on behalf of your organization and to bind your organization to these Terms.

By using 2WAY, you represent that you are in compliance with all applicable laws while using 2WAY.

As our business evolves, we may modify these Terms or the Privacy Policy. If we make a material change to the Terms or the Privacy Policy, we will provide you with reasonable notice prior to the change taking effect by emailing the email address or sending a text message to the telephone number associated with Your User’s account. Any revisions to these Terms will become effective on the date set force in our notice and all other changes will become effective on the date we publish the updated Terms. You can review the most current version of the Terms on our website. You agree that your use of 2WAY after the date when the updated Terms come into effect establishes an agreement based on the amended Terms. If you do not agree to any modified Terms, you may no longer use 2WAY.

FAIR USE POLICY

You may use 2WAY only in accordance with these Terms and only for lawful purposes. Users are responsible for any violations of applicable laws and the provisions of these Terms when using 2WAY. It is prohibited for the users to provide in any way illegal content. You shall not use 2WAY for any purpose that is unlawful, abusive, deceptive, fraudulent, harassing, libelous, defamatory, threatening or hateful, or in any other way that would violate any applicable law. Heroes are also obliged to familiarize with Fair use policy for Heroes.

Remember that 2WAY does not monitor or scan content sent by Members or Heroes, and shall not be responsible for content of such messaging.

TERMS FOR HEROES

If You are willing to use 2WAY as a Hero please read carefully our Terms for Heroes that contain specific legal terms and conditions of using 2WAY by business entities and organizations.

PERSONAL DATA

You represent that you reviewed our Privacy Policy and understand that it sets forth how 2WAY collects, processes and uses personal data entered into 2WAY. 

TERMS FOR MEMBERS

In order to start using 2WAY you must:

  • send a text message to the Hero’s number – You will receive an activation link to Your number,
  • register through the link received from 2WAY: we will ask You to provide us with your personal details such as: name, surname, date of birth, gender identity, city, e-mail
  • accept these Terms and Privacy Policy
  • we may ask you for additional optional consents (i.e. for marketing purposes).

You are responsible for accuracy and veracity of the provided data. You are allowed  to use only your own phone number when messaging Heroes.

In order to use 2WAY you need a telephone number and internet connection. You agree and accept that the quality 2WAY Services may vary due to the quality of your Internet connection or telephone reception. 2WAY is not responsible for low quality of services caused by inefficiency of your Internet connection, your software or equipment faults or any faults or breakdowns of your telephone carrier.

Remember that SMS text messages are routed through your carrier. If You have any questions in regard to technical requirements please contact our support at

2WAY will not charge you for using 2WAY Services. Please remember that sending messages to Heroes or to 2WAY may be charged by your telephone carrier in accordance with your plan and applicable rates. 

By accepting these Terms and using 2WAY you acknowledge and agree that:

  • you will receive messages from Heroes that you subscribe to
  • you may receive messages from 2WAY in relation to your account, changes of Terms, changes of 2WAY features etc.
  • Hero is solely responsible for the content of messages that are send to you by the Hero
  • 2WAY is not responsible for frequency or number of messages sent by each Hero, messages may be send at any time of the day, including weekends and holidays
  • messages sent by Heroes or 2WAY may contain links to third-party websites or apps, which may be subject to different terms and conditions and privacy policies –  2WAY is not responsible or liable for their content, products, or services. Third parties terms of use shall apply.

If you no longer wish to receive messages from a respective Hero please send STOP to a Hero’s 2WAY number. If you think a Hero is sending messages in violation of our Fair Use Policy please contact us at

If you stopped using 2WAY and want to return to using it  you will need to register again.

By accepting these Terms and subscribing to a Hero while using 2WAY you grant respective Hero a worldwide, royalty free, transferable, sublicensable licence to use, reproduce, display, distribute, publish your messages. You also agree and acknowledge that 2WAY will use Your messages for the purpose of operating, providing and improving 2WAY services. 

You acknowledge and agree that the Hero may use your messages for marketing purposes. Your messages sent to the Hero can be disclosed or published. You understand and accept that  respective Hero as well as 2WAY may collect, analyze and use your messages together with your information, including demographic and location information, on an aggregated, de-identified or anonymized basis to improve, develop and test 2WAY.

LIMITATION OF LIABILITY

2WAY operates as a software as a service (SaaS) designed to provide an easy way to connect with customers through text messages. 2WAY is provided on “as is”, “as available” and “with all faults” basis and hereby 2WAY excludes, to the fullest extent permitted by applicable law, any warranty, express or implied, in particular we do not guarantee any increase of performance of your business

 

The functions of 2WAY are not warranted to be uninterrupted or without error. You shall not be reliant on the Services for any critical text message or SMS communication.

 

2WAY will not be liable for any damages of any kind arising from the use of 2WAY and makes no representations or warranties of any kind concerning the work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, noninfringement, or the absence of latent or other defects, accuracy, or the presence of absence of errors, whether or not discoverable.

 

You hereby agree to indemnify and hold 2WAY and its subsidiaries, employees, affiliates, officers, agents, partners and licensors harmless from and against any and all third party demands, claims, liability, loss, and expense including damage awards, settlement amounts, and reasonable legal fees brought against 2WAY or any of the above mentioned person(s), arising out of, related to or which may arise from your access to or use of 2WAY, your breach or alleged breach of these Terms, license or your violation of any third-party rights including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or any misrepresentation made by you.

FINAL PROVISIONS

If any clause or provision in these Terms will become unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. All disputes arising in connection with these Terms shall be primarily resolved amicably. You agree that all disputes you have with 2WAY in connection with Terms that cannot be amicably resolved shall be governed by the law of 2WAY’s registered office and submitted for resolution by the Court of Law at the location of 2WAY’s registered office.

These Terms are the entire agreement between You and 2WAY regarding Services and supersede any prior agreements.

All of our rights and obligations under the Terms are freely assignable by 2WAY to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third parties.

You will not transfer any of your rights or obligations under the Terms to anyone else without our prior written consent.

If you have any questions about 2WAY Terms of Service, please feel free to contact us  at:  or text us at +1 (650) 434-4000

 

 

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