Application Software License Agreement
1. OUR TEXTING USER INTERFACE DOES NOT SUBSTITUTE FOR LEGAL COUNSEL ON FTC TEXTING LAWS OR RULES. USE AT YOUR OWN RISK.
This Software is not sanctioned or approved by any government agency. Although we have provided some features that help Licensees comply with texting best practices, any use of the Software is at your own risk. You MUST seek legal counsel to provide you with advice on whether your specific use or intended use of this Software is in compliance with applicable law and industry best practices.
Licensor will not sell your information or rent it out; your information will be used only to further provide value in the Licensor-Licensee business relationship. The only time your data will be given to Licensor is if you voluntarily provide it to Licensor's site or to a third party after you click an ad or offer that may be presented to you, or by a lawful governmental court order.
3. Licensee acknowledges that this is a limited nonexclusive License, only. Licensor is now and will remain the owner of all titles, rights, and interests in the Software. Licensor retains the right to cancel Licenses to Licensees and any agreements at-will.
4. This License permits Licensee to install the Software on more than one mobile device through normal market procedures. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
5. This Software is subject to a limited warranty. Licensor warrants to Licensee that the physical medium on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of Licensor's knowledge. Licensee's use of this Software according to the printed documentation is not an infringement of any third party's intellectual property rights. This limited warranty lasts for a period of 5 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 5 days after delivery of the Software to Licensee, Licensee has specific legal rights pursuant to this warranty and, depending on Licensee's jurisdiction, may have additional rights.
6. In case of a breach of the Limited Warranty, Licensee's exclusive remedy is as follows: Licensee will return all copies of the Software to Licensor, at Licensee's cost, along with proof of purchase. (Licensee can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting Licensor at (888) 501-3550 or firstname.lastname@example.org.) At Licensor's option, Licensor will either send Licensee a replacement copy of the Software, at Licensor's expense, or issue a full refund.
7. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE'S USE OF THIS SOFTWARE. Licensee's jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
8. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee's business operations.
9. Licensor has the right to terminate this License Agreement and Licensee's right to use this software upon any material breach by Licensee.
10. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
11. REFUND POLICY: Licensee is not entitled to a refund following the limited warranty that occurs within a 5-day period after initial delivery of the Software. If you wish to stop paying for your monthly subscription without cancelling your account, you may choose to revert to a "Pay-As-You-Go" subscription. The "Pay-As-You-Go" subscription ensures Licensee is not required to pay the full subscription amount that Licensee may have been paying previously, but will allow Licensee to pay for each credit charge on a per-credit basis for the amount established by the "Pay-As-You-Go" credit cost. Licensee is therefore liable to pay for all charges incurred on your account, including but not limited to the monthly cost of any and all local virtual numbers, toll-free virtual numbers, and shortcodes attached to Licensee's account, as well as the per-credit costs for any and all individual charges, including but not limited to voice minutes, text messages (inbound or outbound), landline removals, misuse or non-compliant use of Software, etc.
12. CANCELLATION POLICY: You may cancel your account with Licensor at any time. However, if you cancel your account, all information associated with Licensee's account, including but not limited to contact information, automatic responses, scheduled messages, timed follow-up messages, messages saved in Licensee's inbox, voice messages, local virtual numbers, toll-free virtual numbers, and shortcodes may be deleted from the Software by Licensor.
13. NON-COMPLIANCE/VIOLATIONS POLICY: If at any time the Licensee is found to be in violation of the Telephone Consumer Protection Act (TCPA), your account will be suspended and/or canceled. access to your service will be temporarily suspended until further investigation determines the validity of this violation. An affirmation that you have read and agreed to the Terms of the EquiiText Application Software License Agreement will also be required. If you fail to comply to the affirmation of the Application Software License Agreement withint three (3) business days of receiving Licensor's email notice or we find that you or someone who has access to your EquiiText account has violated TCPA Compliance, your account will be terminated, and Licensee will be permanently banned from using EquiiText Software under the Licensee name or Licensee business name of the previously used account.
14. This License Agreement is the entire and exclusive Agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
15. This License Agreement is governed by the law of Nevada applicable to Nevada contracts.
16. This License Agreement is valid without Licensor's signature. It becomes effective upon the signature of Licensee of upon Licensee's use of the Software, whichever comes first.