Mobile Tech Strategies, Inc. is updating our Terms of Service. These Terms of Service are effective immediately as of June 15, 2021.
HandsFreeSMS and HandsFreeSMS.com are the brand names of Mobile Tech Strategies, Inc. HandsFreeSMS’s primary purpose is to provide an SMS platform for applications such as Shopify merchants to be able to communicate with its customers using SMS text messages.
HandsFreeSMS platform and the services
The Terms of Service is for products and/or services sold by HandsFreeSMS.com, the Shopify App store, or other platforms provided by Mobile Tech Strategies, Inc., “HandsFreeSMS.” By using any of the Services, you agree to be bound by these Terms, as updated from time to time.
In order to use HandsFreeSMS services, you must complete the registration, provide accurate data, and opt-in to receive communications from HandsFreeSMS.
To view the Subscription Plans that HandsFreeSMS is offering to its customers, e-mail us at [email protected] Upon your selection of a particular Subscription Plan(s), i.e., upon HandsFreeSMS’s receipt of your request for Services under such Subscription Plan(s), HandsFreeSMS will provide you with access to the Services. The subscription period for each of your selected Subscription Plans is one (1) calendar month, commencing on the date on which access is provided to you (“Subscription Period”). Unless or until terminated in accordance with this Agreement, the Subscription Plan will automatically renew each month for a new Subscription Period and a new subscription fee shall become due.
End User Subscription Terms of Service
HandsFreeSMS is providing service to your customers (end users). An express representation that the end user is supplying their own phone number. A dispute resolution and/or jurisdiction provision expressly providing that End User waives the right to any class action litigation and jury trials and expressly providing that End User agrees to resolve all disputes via arbitration in which the arbitrator will apply the substantive law of Nevada, including law concerning any TCPA related claims. An opt-out provision to provide end user to be able to opt-out of future messages from HandFreeSMS platform. A provision expressly providing that HandsFreeSMS is intended to be, and is, a third-party beneficiary of the arbitration, class action, and jury waiver provisions. A prohibited content provision providing that the End User is prohibited from using the HandsFreeSMS Platform or the Services in connection with any of the following types of content:
- Any misleading, fraudulent, threatening content
- Any content including, hate, violence, discrimination on the basis of race, sex, religion, or age
- Computer virus, spyware, or other malicious codes
- Any unlawful products or services
- Any content that references personal information that is protected by HIPPA
TCPA, Telephone Consumer Protection Act. You are responsible to observe and comply with TCPA. You agree to indemnify and hold harmless HandsFreeSMS of and from any claims asserted against HandsFreeSMS, directly or indirectly, as a result of your breach or otherwise failure to comply with this provision, including without limitation any resulting attorney fees and costs HandsFreeSMS incurs as a result.
In order to use the HandsFreeSMS Platform and/or the Services, you must be eighteen (18) years of age or older. You acknowledge and agree that you are not under the age of eighteen (18) years and you are of adult age in your jurisdiction and is permitted by that jurisdiction’s applicable law to use the HandsFreeSMS Platform and the Services.
SMS TERMS & CONDITIONS
– Tech Tapes – Shipping/ Order update notifications (Message frequency varies), Shopping Cart Reminders (Message frequency varies) and promotional marketing alerts (recurring)
– Message and data rates may apply.
– Participating Carriers: All U.S. Based Carriers.
– For support or information on the Tech Tapes Program, reply HELP at any time to 34089 or email [email protected]
– To opt-out of the Tech Tapes Program, reply STOP at any time to 34089.
Termination by HandsFreeSMS
HandsFreeSMS may terminate this Agreement immediately, without notice, if you fail to comply with any term or condition of this Agreement, in the event of such a breach, termination is effective immediately. Upon termination under this Subsection, HandsFreeSMS may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that HandsFreeSMS shall not be liable to you for any termination of your access to the Services.
Cancellation by you
Send an email to [email protected] and your service shall be available until the end of the subscription period.
You agree to release, indemnify, defend and hold harmless HandsFreeSMS, its parent Mobile Tech Strategies, Inc., subsidiaries, officers, directors, shareholders, employees, (sub)contractors, agents, representatives, attorneys, and licensors, and assigns from any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees, made due to or arising out of or in connection with your use of the Service and the breach by you of any terms and conditions set forth in this Agreement.
You warrant that you are the owner of, or otherwise has the right to provide to HandsFreeSMS, all programs, data, and information transmitted via the HandsFreeSMS Platform and hosted through the Services, including, without limitation, End User Data and the Customer Marketing Content and have the full authority to transmit and store the Customer Data through the HandsFreeSMS Platform and the Services. You hereby authorize the storage of Customer Data by HandsFreeSMS through the HandsFreeSMS Platform and the Services.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITIES
YOU ACKNOWLEDGE AND AGREE THAT HANDSFREESMS SHALL HAVE NO LIABILITY TO YOU FOR ANY MODIFICATION, SUSPENSION, DISCONTINUANCE OR TERMINATION OF THE SERVICE, OR ANY PART THEREOF. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. HANDSFREESMS MAKES NO WARRANTIES THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. NO ADVICE OR INFORMATION, WHETHER VERBAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, YOU AGREE THAT HANDSFREESMS’S ENTIRE LIABILITY TO YOU OR ANY THIRD PERSON, AND YOUR OR ANY THIRD PERSON’S EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO THE SERVICE PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE DURING THE TERM OF THIS AGREEMENT. EXCEPT IN JURISDICTIONS WHERE SUCH PROVISIONS ARE RESTRICTED, HANDSFREESMS, ITS LICENSORS AND CONTRACTORS (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SERVICE) SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND AND NATURE EVEN IF HANDSFREESMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW IN SUCH STATES.
Intellectual Property Rights
Except as otherwise set forth in this Agreement, all rights, titles, and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service (collectively “Intellectual Property Rights”) are owned by HandsreeSMS and/or its licensors. You agree to make no claim of ownership of or interest in any such Intellectual Property Rights and acknowledge and agree that no title to the Intellectual Property Rights is transferred to you and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
You agree that any dispute, controversy, or claim of any kind between client and the company shall be conclusively resolved by binding arbitration in accordance with the commercial rules of the American Arbitration Association. The arbitration award pursuant to any arbitration proceedings between client and the company may be enforced in any court of competent jurisdiction.
If you have any dispute concerning any aspect of these Terms of Website Use, the Website, or any of our services, you agree to submit your dispute for resolution by arbitration before the American Arbitration Association (“AAA”) in the county where you live by filing a Demand for Arbitration. The arbitrator will have exclusive authority to resolve any dispute including any claim that all or any part of these Terms of Website Use are unenforceable.
Opt-Out of Arbitration/Class Action Waiver. The Terms & Conditions do not constitute a waiver of any of your rights and remedies to pursue a claim individually and not as a class action in binding arbitration as provided above. This provision preventing you from bringing, joining or participating in class action lawsuits is an independent agreement. You may opt-out of these Dispute Resolution Provisions by providing written notice of your decision within thirty (30) days of the date that you first register on the HandsFreeSMS.com Website.
YOU ACKNOWLEDGE AND AGREE THAT, VIA YOUR ACCEPTANCE OF THESE DISPUTE RESOLUTION PROVISIONS, YOU WAIVE ANY RIGHT TO A JURY TRIAL, AS WELL AS YOUR RIGHT TO BRING, JOIN OR PARTICIPATE AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS ACTION SUIT OR MULTI-PARTY ARBITRATION BROUGHT AGAINST US, ANY PERSON RELATED TO US OR A SERVICE PROVIDER USED BY US TO PROVIDE THE SERVICE.
Miscellaneous Provisions. Notices And Announcements
HandsFreeSMS shall serve notices to you related to this Agreement by (A) posting them on the Website; (B) sending them to the postal address or e-mail address that you had provided to HandsFreeSMS at the time of your registration or, if a new address has been sent to HandsFreeSMS in accordance with Subsection (i) immediately above, then to such updated address; or (C) text message to the mobile telephone number associated with your account.
Notices sent by mail shall be deemed received seven (7) days after they were sent. Notices sent via nationally-recognized overnight carrier or posted on the Website or sent by e-mail or as a text message shall be deemed received on the business day following the day when they were posted or sent.
Severability. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision shall not affect the remainder of this Agreement. This Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
Entire Agreement. You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Service and supersedes all prior agreements and understandings, whether written or verbal, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.
Assignment And Resale. HandsFreeSMS may assign its rights and delegate its duties under this Agreement without the consent and without notice to you. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. You agree not to resell the Service or any portion thereof.
Governing Law. This Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the State of Nevada, United States of America, excluding its conflict of laws rules. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Waiver. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of HandsFreeSMS. The remedies of HandsFreeSMS under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section
If you have any questions about this privacy statement, the practices of this website, or your dealings with this website, please email us at [email protected] . For billing and technical support, please email us at [email protected].
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