TextMagic Terms of Service

Welcome to TextMagic! These Terms of Service and all terms, policies and guidelines incorporated into the Terms by reference, including, but not limited to, TextMagic’s Data Protection and Privacy Policy and TextMagic’s service level agreement(” Terms“) govern your use of our website www.textmagic.com (” Site“) and the services provided by TextMagic Ltd. (” Services“). In the event of any conflict between the service level agreement, the data protection and security policy and these Terms of Service, these Terms of Service shall prevail.

www.textmagic.com is a Site operated by Textmagic Limited (“TextMagic”, “We”, “Us” or “Our”). We are registered in England and Wales under company number (05286521) and have our registered office at Sailsbury House, Station Road, Cambridge, Cambridgeshire, CB1 2LA. Our main trading address is Sailsbury House, Station Road, Cambridge, Cambridgeshire, CB1 2LA. Our VAT number is GB851556810. We are a limited company.

By accessing, viewing, logging-in to, or using the Site, Services, the content provided thereon or their functionality, or by requesting and registering for the Services, you acknowledge and agree to be bound by these Terms which constitute a binding agreement between you and Textmagic which operates the Site and Services.

We may update our Site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our Site, or any content on it, will be free from errors or omissions.

Please read these terms carefully

If you do not agree with these Terms, you must not use the Site or the Services and should discontinue use immediately.

Your continued access to the Site and/or use of the Service, as described above, signifies your acceptance of the Terms.

These terms are only in the English language.

  1. Eligible Users

    1. You warrant that by accessing and using the Site and/or the Services:
      1. You are over 18 and, if you are a business customer, you confirm that you have authority to bind any business on whose behalf you use our Site and the Services.
      2. You have legal capacity to agree to these Terms.
      3. You have read, understood, and agree to be bound by the Terms.
    2. It is your sole responsibility to ensure that your use of the Site and Services complies with all applicable laws. We will not be responsible and/or liable in the event of your non-compliance.
    3. You are responsible for making all arrangements necessary for you to have access to our Site.
    4. You are also responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms, and that they comply with them.
  2. Our Services

    1. Our Services allow you to send and receive SMS text messages. Our Services, as described on our Site, include a web-based interface, text messaging applications, SMS gateway access, as well as software maintenance and upgrades and customer support, that enable you to send SMS text messages to recipients designated by you.
    2. Our Services facilitate the sending and receiving of SMS text messages to your designated recipients. We do not send or cause to be sent any SMS text messages which is the responsibility of the applicable mobile network operator or telecommunications provider. Whilst we shall use all commercially reasonable efforts to transmit SMS text messages to the applicable mobile network operator or telecommunications provider as quickly as possible, final delivery of all SMS text messages to designated recipients is the responsibility of such operator or provider and we accept no liability if final delivery does not take place as a result of an action, omission or any other failure of the relevant mobile network operator or telecommunications provider.
  3. Use of Service

    1. You can browse and use the Site anonymously. However, to use the Services, you must sign up and create an account. To sign up and create an account you must register on the Site and provide the information requested including your name, email address, job title, company name and password.
    2. By signing up, you represent and warrant that:
      1. All information supplied by you is true, accurate, current and complete, including, but not limited to your name, e-mail address and other contact information, and that you will keep the information accurate and up-to-date.
      2. You are responsible for and will safeguard your log-in credentials including your log-in password and that you will supervise and be completely responsible for any use of the Service with these log-in credentials, including any and all of your authorized users.
    3. We reserve the right at our sole discretion to decline or refuse access to the Services at any time and for any reason, including, but not limited to, for breach of these Terms.
    4. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedure, you must treat such information as confidential. You must not disclose it to any third party.
    5. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
    6. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at support@textmagic.com
  4. Pricing And Payment

    1. The price payable by you for the provision of the Services is set out on the pricing page of the Site. You agree to pay all fees required in full for use of the Services requested by you, which as described on the Site are exclusive of value added tax (“VAT“). You will be liable for and will reimburse TextMagic for all sales, VAT or other taxes imposed in connection with or arising from the provision of Services. TextMagic reserves the right to change its prices at any time without notice, provided that any such changes shall be posted on the Site. The fee payable by you for the Services shall be the fee applicable as at the date that you submit an order for Services. You acknowledge and agree that this fee may be more than the fee quoted at the time you purchased the relevant credit. You are therefore responsible for reviewing the Site regularly for information regarding changes to pricing.
    2. Free trials are offered to new users from certain countries that are listed on the Site (” Qualified Users“). During any free trial period no fees are payable. On signup, Qualified Users will be allocated and credited a specified balance to their account for testing purposes. On the expiration of your free trial, you will be required to pay the applicable fees to continue using the Services. Payment shall be made by choosing your payment method, submitting your payment information and enabling auto-recharge of your account. You may not request more than one ‘free trial’ and any attempts of multiple trials will be rejected and will be charged at the applicable fee level for the Services requested. More than one free trial per company or organization is not permitted. All decisions by TextMagic on free trial eligibility and use shall be final.
    3. In the event of non-payment, regardless of whether Services have already been supplied by TextMagic, we shall be entitled to immediately proceed with collection remedies and shall be entitled to recover any and all costs, fees, and expenses of such collection efforts, including but not limited to legal fees incurred in the pursuit of collection of fees due and payable under these Terms.
  5. Refunds And Cancellations

    1. Subject to clause 5.5, we will refund unused credit if asked by our customers. Consumed funds are not refundable under any circumstances.
    2. If you would like to have your credit balance refunded, please send an email to support@textmagic.com. Please include your name, company name, email address and the reason for wanting a refund. We reserve the right to take up to 7 business days to process any refund requests.
    3. You will receive your refund using the payment method you used to purchase the credit. For example, if payment was made by credit card, we shall reverse credit the amount of your unused credit to the credit card used to purchase the credit.
    4. If you do not use the Services for a continuous period of 24 months, we shall terminate your account in accordance with these Terms. Any unused credit in your account will not be refunded to you.
    5. If you have signed up for an account and wish to cancel or terminate your account, you can do so by logging into your account, navigating to your account settings page and selecting “Close my account”. There is no cancellation or termination fee. Please include the reason for cancellation. Your account will be closed immediately after your request is received by us. Once processed, you can reopen an account at any point in the future if you decide to use the service again.
  6. User Responsibilities

    1. By using the Site or Services, you acknowledge and agree that you are solely responsible for:
      1. Obtaining and maintaining all computer hardware, software and communications equipment needed to access the Site or Services, and for paying all access charges (e.g. ISP, telecommunications) incurred during use.
      2. Payment for all requested Services in full.
      3. Abiding by these Terms and ensuring that all of your authorized users abide by these terms.
      4. For all Content you generate or make available while using the Services as described below.
  7. Content Provided To TextMagic

    1. We do not claim ownership of, verify or control any messages, comments, videos, audio clips, music, data, text, photographs, software, scripts, graphics or any other content generated, provided or otherwise submitted by users to TextMagic (“Content“). Users are solely responsible for all Content they generate and submit to TextMagic and TextMagic accepts no liability whatsoever for such content. We use such Content to provide the Services only. By providing such Content, you grant TextMagic a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, display, reproduce, edit, translate, perform and reformat your Content in order to provide the Services.
    2. We reserve the right at our sole discretion to remove, screen or edit without notice any Content at any time and for any reason. By using the Services you also agree not to generate any Content that is offensive, threatening, promotes violence, promotes any illegal activity, is obscene, defaming, pornographic or otherwise harmful, represents unauthorized copies or distributions of copyrighted work or other intellectual property or is otherwise objectionable, in Textmagic’s sole discretion.
    3. Any content you upload to our Site will be considered non-confidential and no-proprietary, and we have the right to use, copy distribute and disclose to third parties any such content for any purpose.
    4. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights, or of their right to privacy.
    5. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our Site.
    6. We have the right to remove any posting you make on our Site if, in our opinion, your post does not comply with the content standards set out in these Terms.
  8. No Unlawful Or Prohibited Use

    You must abide by these Terms and expressly agree that you will not use the Site or Services to do any of the following which is strictly prohibited:
    1. Engage in Inappropriate Behaviour
      1. Use our Site in any way that breaches any applicable local, national or international law or regulation.
      2. Harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of others (including privacy, publicity and proprietary rights).
    2. Impersonate Others
      1. Misrepresent your identity or impersonate any person or entity, including, but not limited to, any TextMagic personnel.
    3. Deceptive or Unlawful Business Practices
      1. Engage in unlawful, fraudulent, misleading or deceptive business practices.
    4. Harmful Content
      1. Send Content that is harmful to minors in any way.
    5. Send Spam and Unsolicited Communications
      1. Send Content that may be deemed as unsolicited or unauthorized advertising, promotion, junk mail, spam, pyramid schemes, chain letters or any other form of solicitation or fail to comply with applicable privacy and communications laws.
      2. Send Content as a commercial message without required prior opt-in and without a clear opt-out mechanism.
      3. Send advertising messages, without the recipient requesting them and which does comply with the MMA’s Code of Conduct for Mobile Marketing.
    6. Cause Damage or Disruption
      1. Introduce or attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of the Service.
      2. Attempt to hack into, damage, disable, overburden, or impair our servers or networks or disrupt, disable or otherwise impair the proper working of the Site or Services including but not limited to any acts of reprogramming, decoding and tampering.
      3. Engage in any activity that shall cause or encourage damage or harm of any kind against TextMagic, or any group or individual.
      4. Change, edit, translate, adapt, disassemble, decompile or reverse engineer any software programs or scripts used by TextMagic in connection with the Site or Services.
      5. In any way diminish the quality of, interfere with the performance of, or impair the functionality of, the Site or Services.
      6. Fail to comply with or disobey any requirements, procedures, policies or regulations of TextMagic related to the Site or Services.
    7. Gain Unauthorised Access
      1. Attempt to gain unauthorized access to our computer network or to any user’s accounts.
      2. Use technology or other means to access unauthorized content or non-public spaces including without limitation, the use of “bots,” “spiders,” or “crawlers”.
    8. Unlawful and Criminal Behaviour
      1. Engage in conduct that would constitute a criminal offence, or encouraging others to engage in such conduct or that would violate applicable laws and regulations, including but not limited to the laws of England and Wales.
      2. Use of the Site or Services in any way that constitutes or violates any law or regulation, and you specifically agree to comply with all applicable laws regarding the transmission of data from the United Kingdom and/or the jurisdiction which governs your activities.
      3. Misuse of the Site or Service for illegal or unauthorized purposes.
      4. You are responsible for configuring your information technology, computer programmes and platform in order to access our Site. You should use you own virus protection software.
      5. You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing you identity to them. In the event of such a breach, your right to use our Site will cease immediately.
      6. When a breach of any provision of this clause 8 or any other provision in these Terms has occurred, we may take such action as we deem appropriate.
      7. Failure to comply with these Terms constitutes a material breach of terms upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:
        1. Immediate, temporary or permanent withdrawal of your right to use our Site.
        2. Immediate, temporary or permanent removal of any posting or material uploaded by you to our Site.
        3. Issue of a warning to you.
        4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
        5. Further legal action against you.
        6. Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
    We exclude liability for actions taken in response to breach of these Terms. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate.
  9. Intellectual Property

    1. TextMagic, the TextMagic logo and all other trademarks, service marks, graphics and logos of TextMagic used in connection with the Site and Services are the property of TextMagic. All copyrights, trademarks, patents, trade secrets and other intellectual property rights contained in the Site are the sole property of TextMagic or its licensors, each of whom reserves all rights with regard to such materials. Other trademarks, service marks, graphics and logos of any third parties are the trademarks of their respective owners. No marks may be copied, imitated or used, in whole or in part, without our prior written consent or the consent of the applicable trademark holder.
    2. You may print off one copy, and may download extracts, of any pages(s) from our Site for your personal use and you may draw the attention of others within your organization to content posted on our Site.
    3. You must not modify the paper or digital copies of any material you have printed off or downloaded in any way, and you must not use any illustration, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.
    5. You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so form us or our licensors.
    6. If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the material you have made.
  10. Data Protection And Privacy

    Any personal information you provide when using the Site or Services will be used in accordance with our Data Protection and Privacy Policy. We take information security and protection of data very seriously.
  11. Third Party Sites

    The Services may contain links to websites which we do not control and which are operated by third parties. If you access third party websites you do so at your own risk. We are not responsible for their content. You agree that we are not responsible or liable, directly or indirectly, for any damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website.
  12. No Reliance On Information

    1. The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.
    2. Although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.
  13. Disclaimer & Limitation of Liability

    1. Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English Law.
    2. The Site and Services are provided on an AS IS and AS AVAILABLE basis. To the extent permitted by law, we exclude all warranties conditions, representations or other terms of any kind which may apply to our Site including that the Site and/or Services are suitable for your intended use, error-free, fault-free, reliable, timely, entirely secure, virus-free or available, especially since we are dependent on the reliability of the internet and your use of your own device to access the Site and Services. We make no guarantees as to outcomes or results in using the Site or Services. Although we do all that we can to keep disruptions to a minimum, we may temporarily suspend the Site and Services from time to time to carry out maintenance and support work and for other purposes as appropriate.
    3. We only provide Services that enable SMS text messages to be sent and received. You acknowledge and agree that final delivery of all SMS text messages is the responsibility of the applicable mobile network operator or telecommunications provider over which we have no control. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
      1. Use of, or inability to use, our Site.
      2. Use of or reliance on any content displayed on our Site.
      3. The failure of a mobile network operator or telecommunications provider to deliver an SMS text message.
      If you are a business user, please note that in particular, we will not be liable for:
      1. Loss of profits, sales, business or revenue.
      2. Business interruption.
      3. Loss of anticipate savings.
      4. Loss of business opportunity, goodwill or reputation.
      5. Any indirect or consequential loss or damage.
      If you are a consumer user, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or due to you downloading any content from it, or from any website linked to it.
    4. Further, we shall not be liable for the acts, omissions or cessation of services by any third parties. For example, third party providers may provide virtual mobile numbers for the provision of SMS messaging. We shall not be liable or responsible for third party activities over which we have no control.
    5. There are also other circumstances which are beyond our control such as delays, losses, errors or omissions resulting from system or power failure, unavailability or failure of any telecommunications or other data transmission system or internet facilities, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, strike, governmental restrictions, change in any law or regulation and we shall not be liable for any cost, expense, loss of income, revenue or business arising from the same.
    6. Any Content contained in the Services provided by any user does not constitute any endorsement or recommendation by us of such content or information. We therefore disclaim any and all liability and responsibility arising from any reliance placed on such Content by anyone who may be informed by it. You acknowledge that we have no control over Content which is contained and which passes through our platform or how the Services are used by users. We do not screen or moderate Content or its source. We are not responsible or liable for the effect of Content on users nor are we liable for any inaccurate, incomplete or inappropriate Content, which shall be your sole responsibility on providing or submitting such Content.
    7. Although we implement electronic and physical security to reduce the risk of improper access or manipulation of data in accordance with our Security Policy, we cannot guarantee the security or integrity of data and shall have no liability for breaches of security, integrity or interception in transit, nor for any damage which may result to your computer or other property by your use of the Site or Services.
    8. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE SITE OR SERVICES, OR FOR ANY INFORMATION OR OTHER CONTENT OBTAINED THROUGH OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR SERVICES. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND SERVICES.
    9. Subject to clause 13.8, our total liability to you in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), beach of statutory duty or otherwise, shall in no circumstance exceed the price of the Services ordered.
    10. Except as expressly stated in these Terms, we do not give any representation, warranties, or undertakings in relation to the Services. Any representation, condition or warranty which might be implied or incorporated into these Terms by statue, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Services are suitable for your purposes.
  14. Indemnification

    You agree to defend and indemnify TextMagic from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Site and/or Services or otherwise from your violation of these Terms or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
  15. Modification & Termination

    1. We may modify these Terms or terminate your use of the Site or Services at any time in our sole discretion. We reserve the right to modify, suspend, or discontinue any part of, aspect, feature or functionality of the Site or Services at any time for any reason without prior notice. Continued use of the Site or Services shall be deemed to be acceptance of any modified or updated Terms including any changes in the prices of Services.
    2. If you do not use the Services for a continuous period of 24 months, we shall terminate your use of the account and will not be under any obligation to restore your access or use or data contained in the account nor shall be under any further obligation to you including providing a copy of any data or information contained in the account. Non-use of the Services shall include a failure to log in to the account or send any SMS text messages.
    3. We reserve the right to terminate your use of the Site or Services at any time for any reason including but limited to a violation of these Terms which shall be determined in our sole discretion. Your obligation to pay all fees incurred and owed by you shall continue even after any suspension or termination to the Services. Upon termination, for any reason, you agree to immediately cease using the Services and we shall have no obligation to you after any termination. Upon any termination the rights and licenses granted to you herein shall terminate and you must cease all use of the Services.
  16. Governing Law, Jurisdiction & Severability

    These terms shall be governed by the laws of England and Wales and any dispute or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Terms. If any provisions of these Terms of Use are deemed or become invalid, the validity of the other provisions shall not be affected.
DATED: 08 May 2014