Terms & Conditions
PLEASE READ THIS DOCUMENT CAREFULLY. IT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. IT ALSO CONTAINS A DISPUTE RESOLUTION CLAUSE.
Limitations on Use
You must be at least 13 years old to download and use the SMS Factory Inc Service, or, if you are not at least 13, you may download and/or use the SMS Factory Inc Service only in conjunction with, and under the supervision of, your parent or guardian. If you do not qualify, please do not download the SMS Factory Inc Service.
SMS Factory Inc reserves the right to terminate accounts, refuse service or cancel orders at any time and in SMS Factory Inc’s sole discretion.
Charges for Using the SMS Factory Inc Service
SMS Factory Inc is currently a complimentary service. However, when you use the SMS Factory Inc Service, you may be subject to charges imposed by your wireless or other applicable carrier. Payment of such charges is solely your responsibility.
Subscribing to and Opting Out of SMS Factory Inc Service
To opt in or subscribe to SMS Factory Inc Service, you can register by downloading the SMS Factory Inc application or responding to any text message received through SMS Factory Inc Service. Message & Data Rates May apply to all text messages sent to or from the SMS Factory Inc Service. For more information, check your mobile phone service plan or visit your carrier’s website.
After you install the SMS Factory Inc application and/or register for the SMS Factory Inc Service, and/or respond to a text from SMS Factory Inc Service all further SMS text messages will be sent strictly on an opt-in basis. If you have opted in to receive text messages, you can still choose to opt out at any point thereafter.
To opt out from SMS Factory Inc Service, send a text message with the word STOP to the phone number registered with SMS Factory Inc Service from your mobile phone or the number indicated in the text you have received from SMS Factory Inc Service and we will unsubscribe you from our text message service. You will not receive any additional text messages until you re-register on our website or via your mobile phone.
To get help with the SMS Factory Inc Service, you may email us at firstname.lastname@example.org or 855-322-8679
List of carriers supported by SMS Factory Inc:
C Spire Wireless
Arctic Slope Telephone
Chariton Valley Cellular
Claro Puerto Rico
Copper Valley Wireless
Emery Telecom Wireless
Farmers Mutual Telephone
Golden State Cellular
Illinois Valley Cellular
James Valley Wireless
Leaco Rural Celluar
Long Lines Wireless
Northwest Missouri Cellular
Pine Belt Wireless
Snake River PCS
South Canaan Telephone
South Central Communications
Standing Rock Telecom
Telco Group/STI Mobile
West Central Wireless
Bright House Networks
SMS Factory Inc and/or its licensors are the sole owners of the SMS Factory Inc Service, which includes any software, method of doing business, domains, and content made available through it. The SMS Factory Inc Service is protected byU.S. and international copyright and other intellectual property laws. It is for your own personal and non-commercial use only, and SMS Factory Inc grants you a limited non-exclusive, non-transferable, non-sub licensable, revocable license to download, install and use SMS Factory Inc Service on mobile devices or computers that you own or control solely for your own personal or business purposes, and not for further resale. Without limitation, this means that you may not sell, export, license, modify, copy, reverse engineer, distribute or transmit the SMS Factory Inc Service without SMS Factory Inc’s prior express written permission. Any unauthorized use of the SMS Factory Inc Service will terminate the limited license granted by us. SMS Factory Inc and other marks, graphics, logos, icons and service names related to the SMS Factory Inc Service are registered and unregistered trademarks or trade dress of SMS Factory Inc They may not be used without SMS Factory Inc’s prior express written permission. All other trademarks not owned by SMS Factory Inc that appear in connection with the SMS Factory Inc Service are the property of their respective owners, who may or may not be affiliated with, connected to or sponsored by SMS Factory Inc
Moreover, with respect to any application accessed through or downloaded from the Apple App Store, Google Chrome Web Store, Google Play marketplace or any similar store or marketing place, including their corporate entity and its subsidiaries making such application available to you (collectively the “App Store”), you agree to comply with all applicable third party terms of the relevant App Store.
License to Your content
In order to enable SMS Factory Inc to send and deliver your messages and otherwise provide you the SMS Factory Inc Service, you grant SMS Factory Inc a fully paid royalty-free, perpetual, irrevocable, worldwide, non-exclusive and fully sub-licensable right to use, license, distribute, reproduce, modify, adapt, publicly perform, and publically display your content, in whole or in part, for the purposes of providing SMS Factory Inc Services. You warrant that the holder of any intellectual property rights, in your content, has completely waived all such rights and irrevocably granted to you the right to grant the license stated above. You agree that you, not SMS Factory Inc, are responsible for all the content you make available on or in the SMS Factory Inc Services.
By downloading and/or using the SMS Factory Inc Service, you consent to receiving electronic communications and notices from SMS Factory Inc You agree that any notice, agreement, disclosure or other communications that We send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.
By downloading and/or using the SMS Factory Inc Service, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the SMS Factory Inc Service. You also agree not to interfere with the servers or networks connected to the SMS Factory Inc Service or to violate any of the procedures, policies or regulations of networks connected to the SMS Factory Inc Service, the terms of which are incorporated herein. You also agree not to: (1) impersonate any other person while using the SMS Factory Inc Service; (2) conduct yourself in a vulgar, offensive, harassing or objectionable manner while using the SMS Factory Inc Service; (3) use the SMS Factory Inc Service for any unlawful purpose; or (4) resell or export the software associated with the SMS Factory Inc Service.
SMS Factory Inc does not promote, recommend or condone use of the SMS Factory Inc Service during certain activities, such as automobile driving, where there is a significant risk of accident. You agree not to use the SMS Factory Inc Service during such activities.
Use of Information Submitted
You agree that SMS Factory Inc is free to use any comments, information or ideas contained in any communication you may send to SMS Factory Inc without compensation, acknowledgement or payment to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services and creating, modifying or improving the SMS Factory Inc Service or other products or services.
No Warranty & Limitation of Liability
SMS Factory Inc PROVIDES THE SMS Factory Inc SERVICE “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, WHETHER EXPRESS, IMPLIED OR STATUTORY. SMS Factory Inc SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. SMS Factory Inc assumes no liability or responsibility for any errors or omissions in the SMS Factory Inc Service; any failures, delays or interruptions in the SMS Factory Inc Service; any losses or damages arising from the use of the SMS Factory Inc Service, including, without limitation, any damage to your mobile device; or any conduct by users of the SMS Factory Inc Service. SMS Factory Inc reserves the right to deliver the SMS Factory Inc Service in its sole and absolute discretion.
You agree to indemnify and hold SMS Factory Inc and its related companies, and each of their respective shareholders, directors, officers, employees, agents and merchant partners harmless from and against any third-party claim or cause of action, including reasonable attorneys’ fees and court costs, arising, directly or indirectly, out of your use of the SMS Factory Inc Service or your violation of any law or the rights of any third party.
1. Governing Law
2. Binding Arbitration
WAIVER OF JURY TRIAL. YOU UNDERSTAND AND ACKNOWLEDGE THAT BY AGREEING TO BINDING ARBITRATION, YOU ARE GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE AS A PARTY OR CLASS MEMBER) ALL DISPUTES IN COURT BEFORE A JUDGE OR JURY. INSTEAD, YOU UNDERSTAND AND AGREE THAT ALL DISPUTES WILL BE RESOLVED BEFORE A NEUTRAL ARBITRATOR, WHOSE AWARD (DECISION) WILL BE BINDING AND FINAL, EXCEPT FOR A LIMITED RIGHT OF APPEAL UNDER THE FEDERAL ARBITRATION ACT OR ANALOGOUS STATE STATUTE. ANY COURT WITH JURISDICTION OVER THE PARTIES MAY ENFORCE THE ARBITRATOR’S AWARD.
CLASS ACTION WAIVER. You and the SMS Factory Inc agree that any proceedings to resolve or litigate any dispute, whether in arbitration, in court, or otherwise, will be conducted solely on an individual basis, and that neither You nor SMS Factory Inc will seek to have any dispute heard as a class action, a representative action, a collective action, a privateattorney-general action, or in any proceeding in which You or SMS Factory Inc acts or proposes to act in a representative capacity. You and SMS Factory Inc further agree that no arbitration or proceeding will be joined, consolidated, or combined with another arbitration or proceeding without the prior written consent of you, SMS Factory Inc and all parties to any such arbitration or proceeding.
3. Limitations of Actions
Any claim or cause of action arising out of or related to your use of the SMS Factory Inc Service must be filed within one (1) year after such claim or cause of action arose, regardless of any statute or law to the contrary. In the event any such claim or cause of action is not filed within such one (1) year period, such claim or cause of action shall be forever barred.
Right to Terminate
SMS Factory Inc reserves the right in its sole discretion to terminate or restrict your use of the SMS Factory Inc Service, without notice, for any or no reason whatsoever.
SMS Factory Inc