TextTango | Terms of Service

Permeable

Welcome to TextTango! These Terms of Service (the "Agreement") and the "Privacy Policy" govern your subscription to and use of our Services. By clicking the "Create Account" button and indicating your acceptance, you agree to the terms of this Agreement. If you are a direct competitor, you may not enter our Services without our prior consent. You may not use the Services for benchmarking purposes. However, you may use the Services for competition or research purposes, with our prior consent. This Agreement is effective between you and TextTango as of the date you accept the Agreement ("Effective Date").

Notice

TextTango offers powerful services at an affordable price. In return, we expect our customers to act with integrity to help us maintain our reputation as a professional service provider. If you use our Services to send an unauthorized SMS, email, or other electronic message or campaign to a recipient, we may charge you a penalty or any larger amount imposed under applicable law, with a minimum of the actual damages we would likely suffer from any abuse of our system or violation of the Agreement or the laws regulating the sending and content of SMS.

Definitions

The terms and expressions utilized in this Agreement will carry the definitions provided in these "Definitions," unless the context necessitates otherwise. Both singular and plural forms of words will hold identical meanings. "We," "Us," or "Our" shall signify TextTango, a communication service provided by rCodez, a software development company headquartered in Ho, Ghana, with the email address info@texttango.com and business registration number BN745820922.

"You" or "Your" shall refer to the entity accepting this Agreement and its Affiliates. "Affiliate" means any entity directly or indirectly owned or controlled by you with more than 50% of the shares or voting interests. "Subscriber" shall refer to anyone subscribing to any of our Services.

"Opt-in" shall mean obtaining consent to receive marketing communications by SMS, email, or other electronic means.

"Users" shall refer to individuals for whom you have subscribed to the Service and who have been provided user identification and passwords by you (or by us upon your written request). Users may include y our employees, contractors, media agencies, or other third parties with whom you conduct business.

"Service" shall mean the service made available by us through our website. By using our Services, you agree to be bound by the terms of this Agreement.

"Your Data" shall mean any electronic data or information, including but not limited to personal data and intellectual property-protected works, submitted by you to the Services.

Changes

We reserve the right to change any terms of this Agreement by posting the revised Agreement on our website and/or sending an email to the last email address you provided to us. Unless you terminate this Agreement within ten (10) days, the new Agreement will be effective immediately for any continued or new use of the Service.

Eligibility

Our Services are intended for use in business-to-business, consumer-to-consumer, and business-to-consumer communications. Individuals under the age of eighteen (18) are not permitted to use our Services. By using our Services, you represent and warrant that you are at least eighteen (18) years old and that your use of the Services complies with our system and the Agreement. Your uploads may be deleted, and your subscription may be terminated without notice if we have reason to believe that you are under eighteen (18) years of age or are abusing or intend to abuse our system, violate the Agreement, or any applicable law.

Free Subscription

Creating an account is free, and you may initially use our Services for free, as we provide you with 10 SMS credits for testing purposes. Free subscriptions are limited to using the Service, and they are provided "as-is" without any warranty.

User Subscription

Our Services are offered as User subscriptions and are provided "as-is." Only registered Users are allowed to access the Service(s), and each registered User will have a unique password, which should not be shared with any third party. You are responsible for maintaining the confidentiality of your username (phone number), password, and any information provided by us or third parties under this Agreement. You are solely responsible for any account usage, whether authorized by you or not. You agree to promptly notify us of any unauthorized use of your account and to order any necessary Service to cover the actual usage.

Prices and Payments

The prices for our Services are detailed on our website and may change from time to time. You agree to pay any sales, use, value-added, or other taxes or charges imposed by any government entity for the use or receipt of our Services. If you choose an online bundle, you agree to provide us with valid mobile money or credit card information and authorize us to deduct the agreed charges from your accounts. Enterprise and agency subscriptions are invoiced and paid in advance or later. Additional consumption related to enterprise and agency subscriptions beyond the prepayment is also invoiced. If we terminate our Services to you without cause before the end of the term for which you have paid, we will provide you with a refund. We reserve the right to refuse access to any Service if you do not meet the credit requirements.

Refund of Payments

All purchases are final, and all payments made or accrued are non-refundable. If your account is terminated due to a breach of the Agreement, no payment will be refunded. If you believe we have charged you in error, you must notify us of your claim within 7 days of the error, supported by evidence. We may refuse a refund request if we reasonably believe that you are trying to exploit our refund policy unfairly, in breach of the Agreement, or using our Services fraudulently.

Effective Date and Termination

This Agreement for subscription-based access to our platform services becomes effective on the Effective Date when the Service begins to run. Your account will be immediately terminated if you violate our Terms of Service, our Privacy Policy, or any intellectual property, data protection, or privacy laws or regulations applicable to the countries in which you use our Services to send any form of communications.

Force Majeure

Failure to perform obligations under this Agreement due to fire, strike, war, civil unrest, governmental regulations, acts of nature, or other causes beyond the reasonable control of the party claiming Force Majeure will not be considered a breach of the Agreement. This provision does not apply to your obligation to pay any sums due before the Force Majeure event, which must be paid unabated.

Our Responsibilities

We shall:

Provide Service to You.
Provide customer and technical support for Service(s) to you at no additional charge and upon request.
Make the Services available twenty-four (24) hours a day, seven (7) days a week, with exceptions for planned downtime or unavailability caused by circumstances beyond our control.
Provide the Services in accordance with applicable laws and government regulations.
Ensure data security with regard to confidentiality, integrity, and accessibility in connection with the processing of Your Data through planned, systematic measures.
Not modify or disclose Your Data except as permitted by you.

Your Responsibilities

You shall:

Be responsible for the accuracy, quality, and legality of Your Data.
Use commercially reasonable efforts to prevent unauthorized access to or use of the Services and notify us promptly of any such unauthorized access or use.
Use the Service(s) only in accordance with the Agreement, the Privacy Policy, and applicable laws and authority regulations.

You shall not:

Use the Service(s) to store, communicate, or otherwise process infringing or unlawful material.
Interfere with or disrupt the integrity or performance of the Service(s).
Attempt to gain unauthorized access to the Service(s) or their related systems or networks.
Permit direct or indirect access to or use of the Service(s) in a way that circumvents a contractual usage limit.
Violate any data protection and privacy laws and regulations applicable to the countries in which you send any form of communications through our Services.

Responsibilities of Creation and Distribution of Campaigns

You acknowledge that the Service is provided through automated processes, and the content, including campaigns, is distributed based on Your Data. You are solely responsible for ensuring that the content and forms of communication meet all legal requirements in any country where you distribute your campaigns. You are exclusively liable for any legal obligations or laws not complied with by you or anyone under your responsibility. If you do not comply with legal obligations or laws, you will hold us harmless for all losses, damages, and costs, including reasonable legal fees.

You are aware and acknowledge that:

Capacity problems may occur.
Availability problems may occur as the Service is delivered through third-party service providers over the Internet.
The Service may be unavailable due to planned downtime or unavailability caused by circumstances beyond our control.
SMS delivery problems may occur due to the terms of mobile operators of the recipients.

Intellectual Property Right

Apart from the limited rights expressly granted under the Agreement, we or our Licensors retain all intellectual property rights (IPR) in the Service(s). Any loss caused by infringements by you or any person under your responsibility will be your responsibility.

Your Campaigns

If you, a third party acting on your behalf, or a User distributes campaigns using the Services, you authorize us to host, copy, transmit, display, and adapt such campaigns and process Your Data solely as necessary for us to provide the Services in accordance with the Agreement. Subject to the above, we do not acquire any IPR from you under the Agreement in such campaigns or Your Data.

Confidentiality

We and you agree to maintain in confidence the non-public terms of the Agreement and all other non-public information and know-how disclosed or that becomes known to either party as a result of activities pursuant to the Agreement, which is either designated as proprietary and/or confidential or reasonably understood to be confidential. Each party agrees to:

Preserve and protect the confidentiality of the other party's Confidential Information.
Refrain from using the other party's Confidential Information except as contemplated herein.
Not disclose such Confidential Information to any third party, except to employees, representatives, and contractors as reasonably required under the Agreement.

Notwithstanding the above, either party may disclose Confidential Information of the other party that is:

Already publicly known.
Discovered or created by the receiving party without reference to the Confidential Information of the disclosing party.
Otherwise known to the receiving party through no wrongful conduct of the receiving party.
Required to be disclosed by law, court order, or any relevant authority. Each party may also disclose any Confidential Information hereunder to agents, attorneys, representatives, or any court or third party empowered herein as reasonably required to resolve any dispute between the parties.

Restrictions on Use

TextTango is a communication platform intended for lawful and non-offensive communications. To ensure the highest delivery rates for all our customers, we do not allow you to send communications that might jeopardize the deliverability of our system. Therefore, you may not send:

Communications that violate laws regulating the sending and content of bulk and/or marketing communications.
Sexually explicit communications.
Hateful, discriminatory, or otherwise inappropriate communications in our reasonable judgment.
Fraudulent messages.

Sending any of these messages may result in penalties. Your account may be deactivated, and your account balance set to zero.