TERMS OF SERVICE FOR 2WAY MESSAGE
2WAY MESSAGE is a service that provides businesses with a smart and efficient way of contact with their customers using text messages. 2WAY MESSAGE was created to help communicate using well-known SMS/Chat channels while using various devices with ease. In these Terms of Service “we,” “us,” “our” or “2WAY.” will refer to 2way Message Ltd., with its registered seat at College House, 2nd Floor 17 King Edwards Road, London HA4 7AE, and “you,” “your” and “Customer” will refer to you or the business entity or organization if you act on behalf of such entity or organization. You and any persons that you authorize to use 2WAY MESSAGE Customer’s account may be referred to in these Terms as the “User.”
Please read these Terms of Service („Terms“) carefully before accessing or using 2WAY MESSAGE as they contain the legal terms and conditions of using 2WAY MESSAGE and create a legal commitment between you and the 2WAY.
In order to use 2WAY MESSAGE in a business entity, you represent that you have authority to act on behalf of your organization and to bind your organization to these Terms.
By using 2WAY MESSAGE, you represent that you are in compliance with all applicable laws while using 2WAY MESSAGE.
FAIR USE POLICY
You may use 2WAY MESSAGE 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 MESSAGE. It is prohibited for the users to provide in any way illegal content. You shall not use 2WAY MESSAGE 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. It is strictly prohibited to send spam or marketing content in violation of applicable law or without the legally required advance consents from those recipients.
You are aware that utilizing 2WAY MESSAGE in excess of what, in 2WAY’s reasonable discretion, would be expected of normal business use is prohibited. If at any time you breach these Terms, 2WAY may elect to suspend, terminate, and/or cancel your 2WAY MESSAGE account without any compensation.
Upon the start of using 2WAY MESSAGE, you will be asked to provide a password to access your account.
You acknowledge that logins used in 2WAY MESSAGE are individual logins. For security reasons, we advise that all of your agents have individual logins and passwords that should not be transferred or disclosed to other agents or to any third persons.
You are responsible for maintaining adequate security and control of logins, passwords, or any other codes that you use to access the 2WAY MESSAGE. You are responsible for keeping your mailing address and other registration data up to date in your profile. You are solely responsible for all use (whether or not authorized) of 2WAY MESSAGE under your account, including for the quality and integrity of your customer data processed via 2WAY MESSAGE.
You agree that 2WAY will not be liable for any loss, cost, damages, or expenses resulting from any faults in maintaining the security of your password by you.
In order to use 2WAY MESSAGE you need a telephone number that will be provided or administered by 2WAY. The cost of the telephone number may be included in certain subscription plans.
You agree and accept that the quality 2WAY MESSAGE Services may vary due to the quality of your Internet connection or telephone reception. 2WAY is not responsible for the low quality of Services caused by the inefficiency of your Internet connection, your software or equipment faults or any faults or breakdowns of your telephone carrier.
PAYMENTS AND COSTS
Using 2WAY MESSAGE is subject to the currently effective price list available at “PRICING” section. Unless expressly agreed otherwise, all amounts indicated in price list are exclusive of all duties or taxes. All invoices and payment reminders shall be sent by 2WAY exclusively in the electronic form to your e-mail. All of our subscription plans are pre-paid.
All payments will be received only in USD. Any loss on conversions from other currencies incurred will be deducted from the total payment received. All sums paid by the Client under these Terms shall be paid by Credit Card payment.
You authorize 2WAY to charge each payment to the credit card you use to make your payments. You agree to maintain in your account at least one valid credit card that expires no earlier than 20 days after your last payment due date.
If we are not able to charge any payment to a card on file in your account or if you fail to pay on time, our remedies will include the right to block your ability to use 2WAY MESSAGE.
If you are using 2WAY through one of our Partner’s applications, Partner’s methods and conditions of payment shall apply.
2WAY may change the pricing with prior notice, including, without limitation, in the event of the expansion or changes of the scope of Services. 2WAY shall give you a 14-day period notice of all changes in the price list via e-mail. Our pricing policy may include a free trial period. Remember that these Terms also apply to charge free period.
After you accept these Terms, 2WAY hereby grants you the personal, non-transferable right and license to use 2WAY MESSAGE, solely for your business purposes. Unless otherwise indicated, all of the content featured or displayed in 2WAY MESSAGE, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof is owned by 2WAY MESSAGE, its licensors, or its third-party image partners. Copyright and other laws relating to the protection of intellectual property protect all elements of 2WAY MESSAGE software.
All trademarks and logos used in 2WAY MESSAGE are the property of 2WAY or third parties, and you may not use such trademarks or logos without the prior written consent of 2WAY or the applicable third party.
LIMITATION OF LIABILITY
2WAY MESSAGE operates as a software as a service (SaaS) designed to provide an easy way to connect with customers through text messages. 2WAY MESSAGE 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 MESSAGE 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 does not guarantee compatibility of 2WAY MESSAGE with other producers’ software. User shall bear responsibility for the choice and consequences following from the use of other software, including its applicability to the user’s objectives.
2WAY will not be liable for any damages of any kind arising from the use of 2WAY MESSAGE 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 or 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 MESSAGE, 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.
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 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 party.
You will not transfer any of your rights or obligations under the Terms to anyone else without our prior written consent.