I agree that I have read the following terms and conditions that govern the use of “SwiftText” by AA Softech Inc. Reading this message constitutes an agreement to comply with said terms and conditions.
On this document:
Subscriber means the clients who purchases “SwiftText” from AA Softech such as Restaurants, Schools, etc.
Customer refers to people who are using the Subscriber’s service and will receive SMS text message from Subscribers.
This is an agreement relating to you, the client also known as subscriber; your use of “SwiftText” which may be referred to by a different name, all references are to the SMS text marketing tool created by AA Softech Inc. and provided to you as a service.
The SwiftText is a text message marketing product based on core technology that enables Subscribers of AA Softech to send SMS to their customers. By using AA Softech’s products and services, you and AA Softech Inc., have agreed to the following stipulations:
Terms of Service
Charges: Standard message and data rates may apply to any user sending or receiving SMS messages.
Customers can cancel the SMS service at any time by texting “STOP” in response to a promotion. The subscriber agrees to remove the customer’s contact information from the contacts list (VIP list or any list that contains customer mobile numbers used by SwiftText) within 24 to 48 hours after receipt.
SMS Coverage: AA Softech Inc., SwiftText currently supports coverage in the United States only.
Technical Support: For Technical Support contact AA Softech Inc., between the hours of 9am to 5pm Eastern Standard Time, Monday through Friday. AA Softech support staff will handle any calls made on holidays or outside normal business hours on the following day.
Content: The term “Content” refers to the data AA Softech Inc., stores, processes, or transmits to end users. You agree to the following:
1) You own, have gained permission or have licensed the rights and clearances to distribute the content to mobile devices. The Content does not violate the rights of any person or entity protected by intellectual property laws or regulations.
2) All Content is consistent with standards imposed by mobile carriers; the Content is not libelous, defamatory, inaccurate, sexually explicit, unlawful, obscene, false, misleading, racially or ethnically offensive, or objectionable.
3) The Content adheres to the current Association “U.S. Consumer Best Practices Guidelines”. Said guidelines can be viewed at http://mmaglobal.com/policies/consumer-best-practices.
4) The Content (including storage, delivery, and transmission) does not violate any laws or regulations in the United States, Virginia, your home jurisdiction(s), or any other jurisdiction where the Content is stored, delivered, or transmitted.
5) AA Softech Inc., prohibits the use of SwiftText services for certain types of text campaigns. These campaigns include but are not limited to the following: sex, sexual abuse, hate, terrorism, alcohol, firearms, tobacco, drugs, loans, debt, credit, taxes, or medication. AA Softech Inc. reserves the right to refuse, suspend, or terminate any campaign, text program or account at any time and without warning that, in its opinion, is involved, or related to any type of said content or other content deemed unacceptable by AA Softech Inc.
AA Softech Inc. reserves the right to delete or refuse to transmit any content that, in its opinion, violates any of the above stipulations. In the event that AA Softech Inc. deletes or refuses to transmit content, the company will contact you to inform you of the problem.
You permit AA Softech Inc. Services to alter and encode the content into other formats, store it, and transmit it via third parties to mobile devices (and, optionally, any other means of viewing the content that is mutually agreed on).
You agree not resell, decode or re-engineer the SwiftText software.
Payment: Service may be suspended, cancelled or terminated by AA Softech Inc. if the Client’s payment for service fails.
Cancellation: Either party may cancel the remainder of service without penalty in the event that Force Majeure continues for five (5) consecutive business days.
Additional Indemnification: You agree that AA Softech Inc. will be indemnified harmless against any losses, damages, or expenses (including reasonable legal fees and disbursements) arising from or relating to any claims, actions, or other proceedings brought on by or on behalf of any third party if said claims result from your acts or omissions in connection with any service offered by AA Softech Inc.
- You agree that all usage of SwiftText by AA Softech Inc. including transmitted communications, will be in compliance with all laws and regulations. You are responsible for all content transmitted through the SwiftText service. AA Softech Inc. only provides you with service of sending messages to mobile phones. AA Softech Inc. is not liable for any consequences brought on by or relating to any messages sent by any person that uses aforementioned service.
- Privacy. The client’s customer private information will only be collected, stored, processed, transmitted, or otherwise handled by AA Softech Inc. with your knowledge and consent. This is primarily done by completing an online form. The customer’s personally identifiable information will not be sold or rented to anyone by AA Softech Inc. Any lack of privacy that you may experience while using the SwiftText service is not the fault of AA Softech Inc. And AA Softech Inc. will not be held liable. AA Softech Inc. reserves the right to disclose, intercept, or delete any messages sent through the SwiftText service in order to protect its rights.
- Limitation of Liability. AA Softech Inc. will not be held liable, under any circumstances, to you or any other person for any direct, indirect, punitive, incidental, consequential, or special damages of any form that are brought on by or are related to use of the SwiftText by AA Softech Inc. AA Softech Inc. will not be held liable for any act associated with the proper exercise of its rights under 2 and 3 of this agreement between AA Softech Inc. and you.
- No Warranties. AA Softech Inc. offers no express warranty with regards to its services or the SwiftText. AA Softech Inc. disclaims any implied warranty, including specifically any warranties of merchantability or fitness for a particular purpose. AA Softech Inc. does not authorize anyone to make any kind of warranty on its behalf.
- DISCLAIMER: The SwiftText by AA Softech Inc. and its contents are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, AA Softech Inc. offers no warranties (implied or expressed) or representations of any kind (and they are expressly disclaimed) with respect to the services, or its contents including, without limit, warranties of merchantability and fitness for a particular purpose. Further, AA Softech Inc. does not represent or warrant that:
(i) The services will meet your requirements;
(ii) The services will be uninterrupted, timely, secure, or error-free;
AA Softech Inc. shall not be liable to the Client for any loss arising from any data, instructions, or material supplied, digitally or otherwise, by the Client or on its behalf which is incomplete, inaccurate, illegible, out of sequence or arising from late arrival or non-arrival or in the wrong form or any other fault by the client or on its behalf. AA Softech Inc. shall not be liable for obligations that were prevented or delayed in or from performing under conditions due to circumstances beyond its control such as, but not limited to, riots, war, governmental acts, strikes, trade disputes, technical failure, general availability of the internet, power failure, communications failure, weather, fire, flood, explosion, or natural or local emergency.
- Opt-in Guarantee by Client. Clients of the SwiftText by AA Softech Inc. guarantee that all mobile numbers in their accounts are 100% opt-in, and recipients of text messages recognize the sender and expect to receive said messages from him or her. AA Softech Inc. reserves the right to request that the client submit written explanation of the method of collecting phone numbers and a guarantee signed by the client that all mobile numbers on his or her list have agreed to receive text messages from the client if it suspects that the list of numbers may not be 100% opt-in. In cases where AA Softech Inc. suspects that a list is not 100% opt-in it reserves the right to take any action it thinks is appropriate, including but not limited to cancellation of the account.
- Pricing. AA Softech Inc. reserves the right to make adjustments to the pricing of its product/service offering. AA Softech Inc. may raise or lower its prices at anytime. In the event that AA Softech Inc. makes significant alterations to its pricing, Clients will be notified at least 30 days in advance. AA Softech Inc. reserves the right to refuse to provide any service to anyone for any reason. Payment will be made to company through Pay Pal, check, ACH, online credit card, or any other method set forth by AA Softech Inc. The Client acknowledges and agrees that in the event of a charge back by a credit card company (or similar action by another payment provider) or other nonpayment by client in connection with payment for AA Softech Inc. services or subscription fee may result in suspension, cancellation, or termination of said services or subscription, in sole discretion of the company. If the Client’s service is suspended, cancelled, or transferred prior to the end of the then-current service term, all fees paid are non-refundable in whole or in part. The Client acknowledges that AA Softech Inc. is not obligated to make any refunds under any circumstances. However, if the Client wishes to cancel their account, they will not be automatically billed from then on unless they re-instate the account. Should the Client cancel their account, the said account will be immediately terminated. Thereafter they will no longer have access to their account. To cancel an account, the client must email SwiftText@aasoftech.com to make the cancellation request. Please allow 48 hours to process the cancelation.
- Unpaid products. AA Softech Inc. reserves the right to cancel, suspend, terminate and / or end service for any and all unpaid products or services that are deemed inactive or no longer in use.
Agreement. You acknowledge that AA Softech Inc.’s decision to provide the SwiftText service to you is contingent on your compliance with these terms and conditions, and that these terms and conditions, unless otherwise specified herein, constitutes the entire agreement between you and AA Softech Inc. and supersedes all prior or contemporaneous communication between you and AA Softech Inc. If any part of these Term of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
This policy may be amended at any time, at the discretion of AA Softech Inc. You will be notified of any substantial changes.