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SMS Push
Terms and Conditions

  1. Introduction
    1. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. BY ACCESSING OR USING THE HISPASMS PUSH, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL RULES, TERMS, CONDITIONS, RESTRICTIONS AND NOTICES HEREIN, SO IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCES OR USE THE SERVICE.
    2. These Terms of Use apply to use of the The Lonely Cats, S.L. (“HispaSMS”) Push Notification Services (“ HispaSMS Push”), and are entered into between you, the entity on behalf of which you agree, and any employees, agents or subcontractors of such entities (“You” or “Your”) and HispaSMS as of the date of Your acceptance. The “HispaSMS Push” means the services HispaSMS makes available through this website, including this website, the HispaSMS cloud computing platform, the HispaSMS API, the HispaSMS Add-ons, and any other software or services offered by HispaSMS in connection to any of those. Your use of the Website and Materials (as defined below) contained on the Website is conditioned on your acceptance without modification of the terms, conditions, and notices contained in these terms of Use and the HispaSMS Privacy Policy (the “Privacy Policy”) which shall collectively be referred to herein as the “Terms of Use” unless specifically stated otherwise.
  2. Changes in Terms of Use
    1. HispaSMS reserves the right to change or modify these Terms of Use or any policy or change the Website, including terminating, eliminating, supplementing, modifying, adding to or discontinuing any content, promotion, data on or feature of the Website, at any time and in its sole discretion. You can find the most recent version of these terms of Use at www.hispasms.com (terms), with the date of last modification noted above. Such modifications shall become effective immediately upon the posting thereof or by other means of electronic communication to You. Your continued use of HispaSMS Push following the posting of changes or modifications will confirm Your acceptance of such changes or modifications. Therefore, You should frequently review the Terms and applicable policies to understand the terms and conditions that apply to Your use of the HispaSMS Push. If we need to update our Terms of Use in the future, of Use on the Website and update the “Last Updated” date to reflect the date the Terms of Use was updated. If You do not agree to the amended terms, You must stop using the HispaSMS Push. Be sure to return to this page periodically to ensure familiarity with the most current version of the Terms of Use.
    2. HispaSMS Push may require You to agree to additional terms and conditions (“Additional Terms”), in which case Your use and access to HispaSMS Push is subject to the terms and conditions set forth in the Additional Terms, in addition to the terms and conditions set forth in these terms of Use. The Additional Terms will form a part of these terms of Use and supplement the terms and conditions of these terms of Use solely with respect to HispaSMS Push described in the Additional Terms. In the event of a conflict between the terms and conditions of these terms of Use and the terms and conditions of the Additional Terms, the terms and conditions of the Additional Terms shall prevail solely with respect to HispaSMS Push described in the Additional Terms.
  3. Account
    1. In order to access HispaSMS Push, you will need to be registered for an account. You are permitted to create only one account. You agree to (a) provide accurate, truthful, current and complete registration information when creating an account; (b) maintain and promptly update your account information; (c) connect to HispaSMS Push (including Your account) using only the names, passwords and other information provided to You and take the responsibility for the security of your account by not sharing your password with others and restricting access to your account and your computer; (d) promptly notify HispaSMS if you discover or otherwise suspect any unauthorised use of Your account or any related security breach; (e) take responsibility for all activities that occur under your account and accept all risks of unauthorized access and; (f) access the administrative interface of HispaSMS Push solely and exclusively through the interface that is provided by HispaSMS in connection with HispaSMS Push.
    2. Your use of HispaSMS Push must comply with all applicable laws, regulations and ordinances, including any laws regarding the export of data or software and you agree not to engage in any activity that interferes with or disrupts HispaSMS Push (or the servers and networks which are connected to HispaSMS Push).
    3. You may not access HispaSMS Push for the purpose of bringing an intellectual property infringement claim against HispaSMS or for the purpose of creating a product or service competitive with HispaSMS Push.
    4. HispaSMS shall not be responsible for, and specifically disclaims liability for, any loss or damage or other liability of any kind arising from or related to any disclosure or use of Your passwords, whether or not authorised by You.
  4. Usage
    1. You understand that HispaSMS Push and all information such as logo and all designs, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images („Materials“) to which you may have access as part of, or through your use of, HispaSMS Push are the sole responsibility of the person from which such content originated. The term Materials shall specifically exclude the web application that you create using HispaSMS Push ( „Application“ or „Application Content“).
    2. HispaSMS reserves the right (but shall have no obligation) to remove any or all Application Content from HispaSMS Push. You agree to immediately take down any Application Content that violates the Terms of Use. In the event that you do not comply with a request from HispaSMS to remove certain Application Content, HispaSMS reserves the right to directly remove such Application Content or to disable Application. In the event that you become aware of any violation of the Terms of Use by an End User of Application, you shall immediately terminate such end user’s account on your Application. HispaSMS reserves the right to disable Application in response to a violation or suspected violation of the Terms of Use.
    3. You agree that you are solely responsible for (and that HispaSMS has no responsibility to you neither to any third party for) the Application or any Application Content stored or transmitted via HispaSMS Push in any medium and for the consequences of your actions (including any loss or damage which HispaSMS may suffer) by doing so and that any storage or transmission of Application Content via HispaSMS Push complies with all applicable laws and these terms of Use. This means that between You and HispaSMS , You are entirely responsible for all Application Content. HispaSMS does not control the Application Content stored or transmitted by You or others via HispaSMS Push and does not guarantee the accuracy, integrity or quality of such Application Content. HispaSMS retains the right, but is not obliged to, to monitor Your use of the Application in respect of HispaSMS Push.
    4. You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through HispaSMS Push the Application Content that:
      • is unlawful, libelous, defamatory, infringing, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, hateful, vulgar, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable, unlawful or tortuous, or violates any Third Party Rights;
      • would, in the sole judgment of HispaSMS, expose HispaSMS or any party to any harm or liability of any type, or that would otherwise create liability or violate any local, state, national or international law;
      • may infringe (remove, obscure, alter, conceal) HispaSMS or any third party’s intellectual property or other rights (so by transmitting any Application Content, you represent and warrant that you have the lawful right to distribute and reproduce such Application Content);
      • misrepresents your affiliation with a person or entity;
      • would constitute promotions, political campaigning, advertising or solicitations or other unsolicited commercial communication;
      • contains viruses, worms, trojan horses, defects, date bombs, time bombs, corrupted data or other files that might disrupt, disable, harm, erase memory, or otherwise impede the operation, features, or functionality of any software, firmware, hardware, wireless device, computer system or network
      • could institute an attack upon any server or any portion used or otherwise attempt to disrupt such servers;
      • would interfere (including attempted interference) with any requirements, procedures, policies, or regulations of any network operator, mobile messaging aggregator, payment processor, internet or hosting provider, or any other entity that directly or indirectly provides a service to HispaSMS that is used in relation to the performance of HispaSMS Push (“Service Provider”).
    5. You further agree that you will not do any of the following in connection with the HispaSMS Push:
      • Use or facilitate the transmission or utilisation of the HispaSMS Push in any manner that could damage, disable, overburden, modify, adapt, sublicense, translate, sell, reverse engineer, decompile, disassemble, interfere with, interrupt, break down or impair the functioning, operation, security or integrity of the HispaSMS Push in any manner;
      • Use the HispaSMS Push in a way that harms HispaSMS or HispaSMS’s affiliates, partners or vendors, or any customer of HispaSMS or its affiliates, partners or vendors;
      • Reproduce, copy, duplicate, sell, market, resell or trade HispaSMS Push without HispaSMS’s express prior consent;
      • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Application Content transmitted through HispaSMS Push;
      • Gather and/or store any End User personal data, including but not limited to: name, contact information, mobile telephone number and location (“End User Data”) to be used in connection with any of the prohibited activities or in any manner that violates applicable law;
      • Send any unsolicited commercial messages through HispaSMS Push that will encourage End User to send message or to be involved in any activity which may cause him commitment of any kind;
      • Use HispaSMS Push for any illegal or unauthorized purpose or engage in, encourage, or promote any illegal activity, or any activity that violates these Terms of Use;
      • Circumvent or attempt to circumvent any filtering, security measures or other features;
      • Attempt to use or access HispaSMS Push or any of HispaSMS’s servers using any software or service other than the HispaSMS Push; or
      • Use HispaSMS Push other than as expressly permitted by these terms of Use or in a way that violates the terms of any laws, ordinances, or regulations, including applicable export laws and data privacy laws or these terms of Use.
    6. You agree that HispaSMS takes no responsibility or liability for any Application Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or for the deletion or failure to store any Application Content and other communications maintained or transmitted through use of HispaSMS Push and that you are responsible for any breach of your obligations under the Terms of Use and for all resulting consequences of any breach – including any loss or damage which the Company may suffer. You further acknowledge that HispaSMS reserves the right, and has absolute discretion, to remove, screen or edit any Application Content transmitted through or stored on the HispaSMS Push at any time and for any reason without notice and that you are solely responsible for securing and backing up your Applications and any Application Content.
    7. Enforcement of these Terms of Use is solely at HispaSMS’s discretion, and failure to enforce the Terms of Use in some instances does not constitute a waiver of HispaSMS’s right to enforce the Terms of Use in other instances. In addition, the Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation that HispaSMS Push will not contain any Application Content that is prohibited herein. Any use of HispaSMS Push in violation of the foregoing violates these Terms of Use.
  5. Modifications to the service
    1. HispaSMS reserves the right to modify, update, or discontinue the features and functionality of HispaSMS Push from time to time, in its sole discretion, with or without its prior notice and without obligation to provide You any technical or other kind of maintenance in accordance to that. In addition to HispaSMS’s right to terminate or suspend HispaSMS Push, You acknowledge that HispaSMS reserves the right to temporarily disable access to HispaSMS Push (or any portion thereof) for purposes of conducting maintenance.
  6. Privacy
    1. You agree to comply with and to use Your data in accordance with HispaSMS Push Privacy Policy. You agree that You will protect privacy rights of any End-User of Your Application.
    2. You are solely responsible for ensuring that use and collection of End User Data through or in connection with the Application complies with applicable laws in all jurisdictions in which You make the Application available. You represent and warrant that You will not (nor will You permit any third party to) use the HispaSMS Push to collect Data from an End User without prior consent from such End User.
    3. You must abide by all domestic and foreign data privacy, data collection, and data protection laws and regulations and take appropriate steps to protect End User Data from unauthorised use, disclosure, or access by third parties. If an End User ceases to consent or affirmatively revokes consent for Your collection, use, or disclosure of End User Data, then You will promptly cease all such use.
    4. You acknowledge that government bodies reserve the right to investigate End-User complaints alleging a violation by HispaSMS or You. You acknowledge that if a government body reasonably believes you have violated a law or policy, HispaSMS may refuse to provide HispaSMS Push. HispaSMS shall not be liable or responsible for any damages due to third party actions or inactions.
  7. Term and termination
    1. The term of these terms of Use will begin when You accept these terms of Use by accessing or using HispaSMS Push.
    2. HispaSMS reserves the right, without notice, in its sole discretion and for any or no reason, to (a) terminate Your license to use HispaSMS Push or Materials or (b) block or prevent your future access to and use of HispaSMS Push, in which case HispaSMS will not be liable to you or any third party for such termination. HispaSMS will attempt to notify You of any such termination but is under no obligation to do so.
    3. You may terminate these Terms at any time by canceling your account on the HispaSMS Push. You will not receive any refunds if you cancel your account.
    4. In addition to HispaSMS’s right under these terms of Use, HispaSMS reserves the right, at any time and in HispaSMS’s discretion, to suspend or terminate Your or Your End User’s access to HispaSMS Push (in whole or in part) if: (a) You are in breach or HispaSMS suspects You are in breach of any term of these terms of Use; (b) it is necessary to protect the security and integrity of all or any part of HispaSMS Push or other users of HispaSMS Push; (c) it is necessary to comply with an order, instruction, or request of a Service Provider, court or other relevant authority or if HispaSMS determines that Your access and use of HispaSMS Push is prohibited by applicable law or for any regulatory reason; (d) HispaSMS has reason to believe that Your registration information is inaccurate, untrue, not current or incomplete; (e) You become the subject of a bankruptcy, insolvency, liquidation, assignment for the benefit of creditors or similar proceeding; (f) You are in default of any payment obligation with respect to HispaSMS Push; (g) there is an unusual increase in Your use of HispaSMS  Push that HispaSMS reasonably believes is the result of fraud or negatively affects the operation of HispaSMS Push; or (h) a Service Provider or other third party alters or suspends a service that is utilised by the HispaSMS Push.
    5. After suspension or termination of these terms of Use for any reason: (i) You will continue to remain liable for all traffic related to Your active subscribers and other obligations with respect to HispaSMS Push during the suspension period and/or until the date of termination; (ii) all of Your rights under these terms of Use shall immediately terminate unless, in the event of a suspension, such HispaSMS Push are reinstated; (iii) you shall immediately destroy all Materials obtained from HispaSMS Push and all copies thereof, whether made under the terms of these terms of Use or otherwise; (iv) You are solely responsible for exporting your Application Content and Application from HispaSMS Push prior to termination of your account for any reason, provided that if we terminate your account, we will provide you a reasonable opportunity to retrieve your Application Content and Application; (v) all of Your obligations related to HispaSMS Push will continue to survive.
  8. Proprietary rights
    1. HispaSMS gives you a personal, limited, worldwide, non-assignable and non-exclusive license to use the software provided to you by HispaSMS as part of HispaSMS Push. This license is for the sole purpose of developing and testing one or more websites, applications, and/or mobile applications that will access or interface with HispaSMS Push, compiling and incorporating HispaSMS Push (or portions therof) into the Application, manufacturing, reproducing, marketing, distributing, and selling the Application incorporating HispaSMS Push (in object code form only) to Your End Users. Such license is subject to these Terms of Use and does not include: (a) any resale or commercial use of HispaSMS Push or the Materials; (b) the distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of HispaSMS Push and the Materials, or any portion thereof, unless modification or derivative use is specifically provided for under separate terms; (d) use of any data mining, robots or similar data gathering or extraction methods; (e) downloading (other than the page caching) of any portion of HispaSMS Push, the Materials or any information contained therein, except as expressly permitted on HispaSMS Push; or (f) any use of HispaSMS Push or the Materials other than for its intended purpose. Any use of HispaSMS Push or the Materials other than as specifically authorized herein, without the prior written permission of HispaSMS, is strictly prohibited and will terminate the license granted herein.
    2. Except for the express licenses granted herein, nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of HispaSMS, its licensors, customers, suppliers or other agents and designees, or the third party owner of any such Trademark. You acknowledge that HispaSMS retains sole and exclusive ownership of all rights, title and interest in and to HispaSMS Push and any and all intellectual property rights contained therein. You may not copy, reproduce, republish, upload, post, transmit or distribute Materials or other content or information available on or through the Website in any way without our prior express written permission or a written Terms of Use that specifically states otherwise. You agree that at no time will You dispute HispaSMS’s exclusive ownership rights in HispaSMS  Push. You agree to cooperate with HispaSMS to maintain Infobip’s ownership of HispaSMS Push, and, if You become aware of any claims relating to HispaSMS Push, You agree to use all reasonable efforts to promptly provide notice of any such claims to HispaSMS.
    3. You agree that any and all distributions of the Application are accompanied by an End User License Terms of Use (EULA) that (i) is consistent with and no less restrictive than the Terms of Use as they relate to the use of HispaSMS Push, and (ii) complies with all applicable laws of each jurisdiction, and the rules and policies of any marketplace or other distribution channel, where the Application is made available.
    4. You acknowledge and agree that all copyrights, patents, trademarks, trade secrets and/or any other intellectual property rights related to HispaSMS Push or the Materials (“Intellectual Property Rights“) are and will remain the sole property of HispaSMS and its licensors. Such trade secrets include, without limitation, the software, the specific design, structure and logic of individual programs, their interactions with other portions of programs, both internal and external, and the programming techniques employed therein. The Intellectual Property Rights, whether happen to be registered or not, may not be used in connection with any product or HispaSMS Push that is not of HispaSMS or its licensors, in any way that is likely to cause confusion among consumers. Misuse or modification of any Intellectual Property Rights is strictly prohibited, and HispaSMS will aggressively enforce its Intellectual Property Rights, including via civil and criminal proceedings.
    5. You may not (and you may not permit anyone else to): (a) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of HispaSMS Push or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by HispaSMS, in writing (e.g., through an open source software license); or (b) attempt to disable or circumvent any security mechanisms used by HispaSMS Push or any applications running on HispaSMS Push.
    6. Open source software licenses for components of HispaSMS Push released under an open source license constitute separate written Terms of Uses. To the limited extent that the open source software licenses expressly supersede these Terms, the open source licenses govern your Terms of Use with HispaSMS for the use of the components of HispaSMS Push released under an open source license.
    7. To the extent You receive any source code in connection with HispaSMS Push, You represent and warrant that You will take diligent security measures to prevent unauthorised access to the source code, with the same level of security, copy restrictions and non-disclosure as You exercise with respect to Your own source code of a similar nature, but in no event less than a reasonable standard of care.
  9. Links to other websites
    1. This Website may contain links to other websites. However, once You have used these links to leave this Website, You should note that HispaSMS does not ave any control over that other website. HispaSMS cannot be responsible for the protection and privacy of any information which You provide when visiting such sites.
  10. Warranties / Disclaimer
    1. You represent and warrant that: (i) You have the full corporate right, power, and authority to enter into these terms of Use and to perform Your obligations hereunder; (ii) Your execution of these terms of Use and performance hereunder do not and will not violate any Terms of Use to which You are a party or by which You are bound and; (iii) these terms of Use constitute the legal, valid and binding obligation to You, enforceable against You in accordance with its provisions.
    2. You represent and covenant that You will not access or use HispaSMS Push except in accordance with these terms of Use, and that Your use of HispaSMS Push will comply with the requirements of these terms of Use.
    3. HispaSMS disclaims any and all warranties concerning HispaSMS Push, HispaSMS technology, and/or platform, whether express or implied or statutory, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, title, non-infringement, quiet enjoyment, satisfactory quality, or accuracy. Without limiting the foregoing, HispaSMS does not warrant that HispaSMS Push will be uninterrupted or error free, and HispaSMS expressly disclaims: (i) any liability for any special, incidental, indirect, punitive or consequential damages whatsoever, including, but not limited to, damages for: loss of profits or revenues, loss of confidential or other information, business interruption, personal injury, loss of privacy, corruption or loss of data, failures to transmit or receive data or any other pecuniary loss whatsoever arising out of or in any way related to the use of or inability to use HispaSMS Push or otherwise in connection with any provision of these terms of Use; (ii) any liability resulting from any End-User or other mobile operator subscriber sending messages to an allocated number instead of another number or code, or vice versa and; (iii) any liability in respect of any instruction supplied by You that are incorrect, inaccurate, illegible, out of sequence, or in the wrong form, or arising from their late arrival or non-arrival, or any other act or omission of You or your end-users.
  11. Limitation of liability
    1. In no event shall HispaSMS, its Affiliates, and their respective employees, officers, directors, representatives and agents, be liable to You for any direct, indirect, incidental or consequential damages whatsoever resulting from any (i) personal injury or property damage, resulting from Your acces to and use of Your service; (ii) any errors, omissions or inaccuracies of content or for any loss or damage of any kind incurred as a result of Your use of Application, HispaSMS Push, or any Application Content; (iii) any unauthorized access to or use of our servers; or (iv) the disclosure of information pursuant to these Terms of Use or Privacy Policy.
  12. Indemnity
    1. You, at Your own expense, shall indemnify, defend, and hold harmless HispaSMS, its Affiliates, and their respective employees, officers, directors, representatives and agents, from and against all losses, damages, liabilities, settlements, costs and expenses (including attorneys’ and professionals’ fees and other legal expenses) arising out of or related to any claim, demand, suit, action, or proceeding initiated by a Third Party arising out of or relating to: (i) any breach by You of these terms of Use; (ii) a breach of any Third Party Intellectual Property Rights; (iii) any Application Content or other materials provided by You under these terms of Use (collectively a “CLIENT Covered Claim”).
    2. HispaSMS shall provide You with written notice of the CLIENT Covered Claim if HispaSMS is made aware of any such claim, and HispaSMS may, in its sole discretion, permit You to control the defence, settlement, adjustment or compromise of the CLIENT Covered Claim provided that You do not enter into any compromise or settlement negotiations on its own behalf or on behalf of HispaSMS without HispaSMS’s prior written consent.

 

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