Terms of Service
Please read these terms and conditions carefully before using our Service.
Interpretation and Definitions
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
Definitions
For the purposes of these Terms of Service:
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
- Country refers to: United States
- Company (referred to either as "the Company", "we", "us" or "our") refers to D1SMS SMS Service Platform.
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
- Service refers to the Website and SMS messaging services.
- Terms of Service (also referred as "Terms") mean these Terms of Service that form the entire agreement between You and the Company regarding the use of the Service.
- Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
- Website refers to D1SMS, accessible from https://d1sms.com
- You refers to the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
Acknowledgment
These are the Terms of Service governing the use of this Service and the agreement that operates between You and the Company. These Terms of Service set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms of Service. These Terms of Service apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms of Service. If You disagree with any part of these terms of service then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Service Usage Rules
Account Registration
- You must provide accurate, complete and current registration information
- You are responsible for maintaining the security of your account password
- You are responsible for all activities that occur under your account
- You must immediately notify us if you discover any unauthorized use
SMS Service Usage
- You agree to use our services only for lawful purposes
- Sending spam messages, harassment or malicious content is prohibited
- Sending content that violates local laws and regulations is prohibited
- You must comply with relevant anti-spam laws and regulations
- We reserve the right to monitor and review message content
Prohibited Activities
You may not:
- Use the service for any illegal activities
- Send content containing viruses, malware or harmful code
- Attempt unauthorized access to our systems or other users' accounts
- Interfere with or disrupt the normal operation of the service
- Copy, modify or distribute our software or content
- Use automated tools or bots to access the service
Payment and Billing
- Service fees will be charged according to your selected plan
- All fees are priced in USD unless otherwise stated
- You are responsible for ensuring timely payment when due
- Non-payment may result in service suspension or termination
- Refund policies will be determined on a case-by-case basis
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of D1SMS and its licensors. The Service is protected by copyright, trademark, and other laws. Our trademarks and trade dress may not be used in connection with any product or service.
Links to Third-Party Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms of service and privacy policies of any third-party web sites or services that You visit.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.
Upon termination, Your right to use the Service will cease immediately.
Disclaimer
The information on this Service is provided on an "as is" basis. To the fullest extent permitted by law, this Company excludes all representations, warranties, conditions and terms whether express, implied, statutory or otherwise.
Limitation of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever.
Governing Law
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
Changes to These Terms of Service
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms.
Contact Us
If you have any questions about these Terms of Service, You can contact us:
Email: legal@d1sms.com
Phone: +1 (555) 123-4567
Address: 123 Business Ave, Suite 100, New York, NY 10001, USA