Terms & Conditions
By downloading or using the app, these terms will automatically apply to you – you should make sure therefore that you read them carefully before using the app. You’re not allowed to copy, or modify the app, any part of the app, or our trademarks in any way. You’re not allowed to attempt to extract the source code of the app, and you also shouldn’t try to translate the app into other languages, or make derivative versions. The app itself, and all the trade marks, copyright, database rights and other intellectual property rights related to it, still belong to WooSender Inc..
WooSender Inc. is committed to ensuring that the app is as useful and efficient as possible. For that reason, we reserve the right to make changes to the app or to charge for its services, at any time and for any reason. We will never charge you for the app or its services without making it very clear to you exactly what you’re paying for.
The WooSender app stores and processes personal data that you have provided to us, in order to provide our Service. It’s your responsibility to keep your phone and access to the app secure. We therefore recommend that you do not jailbreak or root your phone, which is the process of removing software restrictions and limitations imposed by the official operating system of your device. It could make your phone vulnerable to malware/viruses/malicious programs, compromise your phone’s security features and it could mean that the WooSender app won’t work properly or at all.
You should be aware that there are certain things that WooSender Inc. will not take responsibility for. Certain functions of the app will require the app to have an active internet connection. The connection can be Wi-Fi, or provided by your mobile network provider, but WooSender Inc. cannot take responsibility for the app not working at full functionality if you don’t have access to Wi-Fi, and you don’t have any of your data allowance left.
If you’re using the app outside of an area with Wi-Fi, you should remember that your terms of the agreement with your mobile network provider will still apply. As a result, you may be charged by your mobile provider for the cost of data for the duration of the connection while accessing the app, or other third party charges. In using the app, you’re accepting responsibility for any such charges, including roaming data charges if you use the app outside of your home territory (i.e. region or country) without turning off data roaming. If you are not the bill payer for the device on which you’re using the app, please be aware that we assume that you have received permission from the bill payer for using the app.
Along the same lines, WooSender Inc. cannot always take responsibility for the way you use the app i.e. You need to make sure that your device stays charged – if it runs out of battery and you can’t turn it on to avail the Service, WooSender Inc. cannot accept responsibility.
With respect to WooSender Inc.’s responsibility for your use of the app, when you’re using the app, it’s important to bear in mind that although we endeavour to ensure that it is updated and correct at all times, we do rely on third parties to provide information to us so that we can make it available to you. WooSender Inc. accepts no liability for any loss, direct or indirect, you experience as a result of relying wholly on this functionality of the app.
At some point, we may wish to update the app. The app is currently available on Android & iOS – the requirements for both systems (and for any additional systems we decide to extend the availability of the app to) may change, and you’ll need to download the updates if you want to keep using the app. WooSender Inc. does not promise that it will always update the app so that it is relevant to you and/or works with the Android & iOS version that you have installed on your device. However, you promise to always accept updates to the application when offered to you, We may also wish to stop providing the app, and may terminate use of it at any time without giving notice of termination to you. Unless we tell you otherwise, upon any termination, (a) the rights and licenses granted to you in these terms will end; (b) you must stop using the app, and (if needed) delete it from your device.
- 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, are the sole responsibility of the person from which such Content originated. This means that you, and not WooSender, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. WooSender 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 WooSender 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. WooSender is solely a facilitator of the message traffic and has no visibility into or control over individual Messages as they are transmitted through WooSender and has no responsibility or liability with respect to the content of any individual Message. Except that WooSender may use programmatic means to filter (pre-screen) your messages and block your campaigns or account due to message keywords that WooSender has determined, in it’s sole description, may violate an applicable, rule, regulation, or law. B. You agree to not use the Service to: 1. 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; 2. upload, post, text message, email, transmit or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, 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 (“Rights”); 3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; 4. 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; 5. “stalk” or otherwise harass another; and/or 6. Using any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of the Services; 7. Using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the Services; 8. Sending any calls to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers; 9. Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business; 10. Harvesting, or otherwise collecting information about others, without their consent; 11. Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details at do not belong to you; 12. Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind; 13. Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity; 14. Transmitting any material that contains viruses, trojan horses, worms, time bombs, cancel-bots or y other harmful/deleterious programs; 15. Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks; 16. Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining or any other means; 17. Abusing the fair use policy with regard to unlimited keywords—that is, registering many keywords without using them for weeks or months, as is determined to be abuse in the sole discretion of WooSender; 18. Interfering with another’s use and enjoyment of the Services or WooSender Sites; or 19. Engaging in any other activity that WooSender believes could subject it to criminal liability or civil penalty/judgment. C. You acknowledge that WooSender may or may not pre-screen Content, but that WooSender 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, WooSender and its designees shall have the right to remove any Content that violates this Agreement or is otherwise objectionable. D. You acknowledge, consent and agree that WooSender 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: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of WooSender, its users and the public. E. You guarantee that the subscribers in your account have granted you express consent to send them messages of the type that you intend to send them. If for any reason WooSender suspects that the subscribers have not given you express consent, it reserves the right to request a written explanation from you, the client, including the method of collecting the subscriber’s phone numbers and a guarantee signed by you that all the people on your subscriber list agreed to receive text messages from you of the type that you had sent. WooSender reserves the right to take any action it thinks appropriate in the case of non-compliance, including but not limited to cancellation of the account. F. You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages. G. You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages that you create and initiate through the WooSender Services. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages transmitted through the WooSender Services by visiting the following websites: – Federal Trade Commission, [http://www.ftc.gov](http://www.ftc.gov/) – Federal Communications Commission, [http://www.fcc.gov](http://www.fcc.gov/) G. You shall use WooSender’s service in compliance with all governing laws, regulations, and rules. H. You shall schedule your messages responsibly and in a manner that is courteous to the recipients pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, pictures or videos for inclusion in any outbound messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through the Services, you must consult with your attorney prior to your use of the WooSender Sites or Services. I. You guarantee that you have all power and authority and have procured all rights and licenses necessary to use and text enable those Phone Numbers utilized for WooSender services without the consent of any third party. In the case of shared use Phone Numbers, you expressly represent that you are the Phone Number Owner.
Changes to This Terms and Conditions
We may update our Terms and Conditions from time to time. Thus, you are advised to review this page periodically for any changes. We will notify you of any changes by posting the new Terms and Conditions on this page. These changes are effective immediately after they are posted on this page.
If you have any questions or suggestions about our Terms and Conditions, do not hesitate to contact us at email@example.com.