Terms and Conditions

Terms and Conditions

1. Scope of Agreement

By starting to use our service you also agree with the terms specified in this contract. The contract is deemed active as soon as the username and password have been established and the account is activated by you from the confirmation email link received by you from www.TextTide.com or otherwise activated directly by our Administrator.

2. Usage of the Text Services at www.TextTide.com

2a. Authorization and Authentication

After the customer has completed all registration requirements, a username and password will be issued by our Agent or website. This login information serves as identification of the customer to www.TextTide.com. We will perform no further authentication of the customer's identity. The customer agrees that all activities which can be traced to the username and password are deemed as having been performed by the customer and becomes legally binding. You are responsible for any and all activity from this account. Be careful who you allow to use your account on your behalf because you are ultimately responsible.

2b. Risks

You agree that by definition, access to the Internet, the GSM network and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission etc. You agree to bear full and exclusive responsibility arising from such risks and consequences of your usage of online Text Services by www.TextTide.com. We will not be responsible in any way if your account is compromised due to your online activity or breach of user name and password by you or any of your users.

2c. Delivery

You acknowledge that www.TextTide.com delivers Text messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery with respect to transmission of Text messages within the technical constraints imposed by the providers. In other words, TextTide.com can not be held responsible if the phone company has an outage of signal or any other system failure due to their equipment.

Text messages submitted via www.TextTide.com will be transferred to the addressed mobile recipients within seconds to minutes provided the recipient's phone is on and located in an area covered by the subscribed mobile network provider. The customer acknowledges that depending on the recipient's mobile provider service, it may not be possible to transmit the Text message to the recipient successfully, particularly if the provider does not support Text delivery in the area the subscriber is located in or at all.

2d. Large Volume Transmission

You acknowledge that transmission of large Text amounts may be subject to slight delays on the part of the mobile network providers affected. It may take up to 30 minutes or longer for your entire list to receive your message depending on network congestion and the size of your list.

2e. Traffic Type

You agree to only send mobile terminated messages to recipients that have opted in to your campaign. Traffic types allowed by this contract have to be clean bulk (opt-in), person to person traffic.

3. Content

You assume full responsibility for the content of Text messages transmitted by you or any third party on the user account. You agree to abide by all laws and regulations applicable to the content and intent of Text messages transmitted. You agree to assume liability for all consequences and costs arising out of offences against such regulations. (Anti Spam, etc.)

You must ensure that Text message delivery does not cause disturbance or harassment of a recipient or other third party. You agree to refrain from sending Text messages containing offensive, violent, pornographic, discriminatory or otherwise illegal content. You are not allowed to impersonate another business or private person while sending Text messages. You will properly identify yourself / business name in EVERY Text message so the end user will clearly know the origin of the message received. You are not permitted to send Text messages to recipients who have made clear they do not wish to receive Text messages or advertisements via Text.

Any attempt to reverse engineer our software in order to block our system counters for text delivery is prohibited. You agree to indemnify and hold www.TextTide.com and its subsidiaries, affiliates, officers, agents, 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 the customer transmits through the service, your use of the service, your connection to the service, your violation of the Terms of Usage or your violation of any rights of another.

4. Termination

You agree that www.TextTide.com in its sole discretion may terminate your password, account (or any part thereof) or use of the service and remove and discard any content within the service for violating any provision of this contract including and without limitation to lack of use or if www.TextTide.com believes you have violated or acted inconsistently with the letter or spirit of the Terms of Usage without refund.

You agree that any termination of your access to the service for breach of any provision of the Terms of Usage may be effected without prior notice if www.TextTide.com believes you have violated the Terms of Usage. You agree that www.TextTide.com may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the service. Further, you agree that www.TextTide.com shall not be liable to you or any third-party for any termination of your access to the service due to your breach of the Terms and Conditions herein.

5. Financial and Accounting

5.a Text Debits

www.TextTide.com debits transmitted Text messages from the customer's online account according to its automated transmission logs. These logs are deemed correct and valid under ALL circumstances without exception.

5b. Account Balance

Your Text account credit balance is non-refundable and does not bear interest or otherwise retain any cash value. In other words, you may not redeem Text credit balances for cash or any other type of refund or compensation.

6. Validity Period

All Text credits are valid for up to 90 days without user activity. You can top-up credits to bring forward the balance of your current Text Credits. If after 90 days your account remains dormant, www.TextTide.com reserves the right to terminate or suspend your account. This applies to dormant accounts that are not being accessed or used in any way.