Texting Terms of Service
Welcome to UniTel Voice, a service provided by UniTel Voice LLC (“UniTel Voice”, “we”, “our”, or “us”).
1. Your Relationship With UniTel Voice
By using the UniTel Voice.com (“Website”), our mobile, desktop, tablet apps (our “Apps”) and all related end clients, widgets, tools, applications, data, software, APIs and other services provided by UniTel Voice (the “Services”), you are agreeing to be bound by the following terms and conditions (“Terms of Service“).
These Terms of Service, together with our Privacy Policy and Acceptable Use Policy, and any other terms specifically referred to in any of those documents, constitute a legally binding agreement (the “Agreement”) between you and UniTel Voice in relation to your use of the Website, Apps, and Services (together, the “Platform”).
2. Accepting the Agreement
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES, AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES, AND USERS ASSOCIATED WITH IT. IF YOU DO NOTHAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
If UniTel Voice makes material changes to the Agreement, we may or may not notify you by email or by posting a notice on our site before the changes are effective. Any new features that augment or enhance the current Platform, including the release of new tools or resources, shall be subject to the Agreement. Continued use of the Platform after any such changes shall constitute your consent to such changes.
VIOLATION OF ANY OF THE TERMS BELOW WILL RESULT IN THE TERMINATION OF YOUR ACCOUNT.
• You may not use the Platform and may not accept the Agreement if you are not of legal age to form a contract with UniTel Voice, or you are a person or entity barred from receiving Services under the laws of the United States or other countries including the country in which you or from which you use the Services.
• You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
• You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
3. Description of the Platform
The Platform is a text messaging cloud service. Registered users of the Platform can send, receive, and backup text messages and contacts (“Content”), which will be stored by UniTel Voice. Content created or uploaded to UniTel Voice will be made available on end clients or Services associated with the Platform. Content available on UniTel Voice can be shared with other registered users or non-registered users at your discretion.
4. Payments, Refunds, Upgrading, and Downgrading Terms
All premium Services require a valid credit card at time of registration. Free accounts are not required to provide a credit card. UniTel Voice reserves the right to immediately bill you when you upgrade to a premium service plan.Services are billed following any free trial period, in advance on a monthly basis and are non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with a valid or activated account.All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.For any upgrade or downgrade changes made to your account, your credit card provided by you will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of content, features, or capacity of your Account. UniTel Voice does not accept any liability for such losses.
5. Cancellation and Termination
You are solely responsible for properly canceling your Account. An email or phone request to cancel your Account is permitted.All of your Content will be immediately deleted from the Service upon cancellation. This information cannot be restored in the future if you choose to register for the Service in the future.If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and will not be charged again. UniTel Voice, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Service, or any other UniTel Voice service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. UniTel Voice reserves the right to refuse service to anyone for any reason at any time.
UniTel Voice shall not be liable to you or to any third party due to your Account being cancelled or terminated, including Accounts terminated by UniTel Voice due to violation of the Agreement.
6. Modifications to the Service and Prices
UniTel Voice reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 day notice. Such notice may be provided at any time by posting the changes to UniTel Voice Site (UniTel Voice.com), the Service itself, or through email.UniTel Voice shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
7. Copyright and Content Ownership
Unless you have agreed otherwise in writing with UniTel Voice, you may not use any of UniTel Voice’s trade names, trademarks, service marks, logos, icons, images, domain names, and other distinctive brand features.
We claim no copyright or intellectual property rights over the Content uploaded or created by you within the Service.
8. Account Level Security
You are responsible for maintaining the security of your account and password. UniTel Voice cannot and will not be liable for any loss or damage from your failure to comply with security obligation.You agree and understand that you are responsible for maintaining the confidentiality of your UniTel Voice passwords.You agree that you will be solely responsible to UniTel Voice for all activities that occur under your account.If you become aware of any unauthorized use of your password or of your account, you agree to notify UniTel Voice immediately at s[email protected] or via the Support Window on the website.
9. Exclusion of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” WITHOUT WARRANTY OF ANY KIND AND UNITEL VOICE HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIEDUNITEL VOICE DOESN’T REPRESENT OR WARRANT TO YOU THAT (A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, AND (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.
10. Limitation of Liability
UNITEL VOICE MAY TERMINATE OR MAKE CHANGES TO ALL OR ANY PORTION OF THE SERVICIES AT ANY TIME AND WITHOUT NOTICE OR LIABILITY.UNITEL VOICE SHALL NOT BE LIABLE TO YOU FOR:
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES;YOUR FAILURE TO PROVIDE UNITEL VOICE WITH ACCURATE ACCOUNT INFORMATION;YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
10. Limitation of Liability
UniTel Voice continuously makes changes to the Platform in order to provide the best possible experience for its users. You accept and agree that the form and nature of the Services which UniTel Voice provides may change without prior notice. Continued use of the Platform after any such changes shall constitute your consent to such changes.
- As part of this constant innovation UniTel Voice may stop providing the Services (or any features within the Services) to you or to users at UniTel Voice’s sole discretion, without prior notice to you. You may stop using the Services at any time.
- In order to access certain Services or use them on an ongoing basis, you may be required to provide information about yourself (such as mobile number or contact details) as part of the registration process for the Service, or as part of your continued use of the Platform. You agree that any registration information you give to UniTel Voice will always be accurate, correct and up to date. Failure to provide the correct information shall result in account deactivation.
- You accept and agree that for any reason UniTel Voice may disable your account and prevent you from accessing the Platform, your account details or any data (i.e., messages, etc.) contained or associated with your account.
- You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by UniTel Voice, unless you have been specifically allowed to do so in a separate agreement with UniTel Voice. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of any scripts, web crawlers, spiders, robots, site/search retrieval application) especially for the creation of user accounts.
- Messaging is not limited for inbound and outbound messages. Message flow, inbound and outbound, are throttled as defined by the package purchased. In addition, message ratio must be no more than three outbound messages to one inbound message. You accept and agree that limits may be set at any time, at UniTel Voice’s discretion. There is an enforced Acceptable Use Policy you must adhere to and accept by agreeing to the Terms of Service. There are rules FCC, MMA, and CTIA policy and laws around text messaging spam that will be strictly enforced.
- Messages shall be deemed to have been delivered when UniTel Voice delivers the messages to the immediate destination, including mobile telephone networks, or any other intermediary server/API that is designated as the point of delivery for the message. UniTel Voice does not guarantee delivery on behalf of mobile carriers.
- Although UniTel Voice provides extensive text messaging coverage including all major U.S. mobile carriers, UniTel Voice makes no guarantees to its network coverage.
- Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis.
- Support for UniTel Voice services is predominantly only available in English.
- You agree that you will not engage in any activity that interferes with, disrupts, damages, impairs, or disables the Services (or the servers and networks which are connected to the Services).
- You understand that UniTel Voice uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
- You agree not to harass or advocate harassment of another person or entity. You agree to never impersonate any person or entity or misrepresent in any way your affiliation with a person or entity. You agree to never send text messages to unknown mobile numbers or to mass text unsolicited persons.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any UniTel Voice customer, employee, or member will result in immediate account termination.
- You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You understand that UniTel Voice messaging Services act only as a Platform for users to send text messages to a contact(s) mobile phone and that UniTel Voice does not itself verify the content of messages sent by users or messages received by users. UniTel Voice cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality or applicability of any text message sent to a mobile number or received by any user. Text message at your own risk.
- Unless you have been specifically permitted to do so in a separate agreement with UniTel Voice, you agree that you will not modify, adapt, reverse engineer, reproduce, duplicate, copy, sell, trade or resell the Services for any purpose.
- You expressly understand and agree that UniTel Voice shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if UniTel Voice has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the service; (v) or any other matter relating to the service.
- You agree that you are solely responsible for (and that UniTel Voice has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which UniTel Voice may suffer) of any such breach.
- If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
- The failure of UniTel Voice to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Agreement constitutes the entire agreement between you and UniTel Voice and governs your use of the Service, superseding any prior agreements between you and UniTel Voice (including, but not limited to, any prior versions of the Terms of Service, Privacy Policy, or Acceptable Use Policy). You agree that these Terms of Service and Your use of the Service are governed under Washington State law.
- Your relationship with UniTel Voice under the Terms, shall be governed by the laws of the State of Illinois. You and UniTel Voice agree to submit to the exclusive jurisdiction of the courts located within the county of DuPage, Illinois to resolve any legal matter arising from the Terms. You agree that UniTel Voice shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
- You shall defend UniTel Voice against any claim, demand, suit or proceedings made or brought on against UniTel Voice by a third partying alleging that Your Content or Your use of the Service in violation of this Agreement, infringes or violates applicable law, and shall indemnify UniTel Voice of any damages finally awarded against and for the reasonable attorney’s fees incurred by, UniTel Voice in connection with any such claim, demand, suit or proceeding; provided, that UniTel Voice (a) promptly gives You written notice of the claim, demand, suit or proceeding; (b) gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases UniTel Voice of all liability); and (c) provide to You all reasonable assistance, at Your expense.
- Questions about the Agreement should be sent to [email protected].
12. UniTel Voice Acceptable Use Policy
This document is an extension of UniTel Voice’s Terms of Service and is a part of UniTel Voice’s overall Agreement.
UniTel Voice provides a text messaging service for customers to extend text messaging beyond the mobile phone. Users of the UniTel Voice Service can send texts from the UniTel Voice Platform via our Web, Desktop, and Tablet apps. Advanced users can use the UniTel Voice API with their UniTel Voice Account. By signing up for UniTel Voice you agree to adhere to UniTel Voice’s Terms of Service and Acceptable Use Policy.
13. Spam
Using the UniTel Voice Service for spam will result in your account being deactivated immediately. We take spam and unsolicited messaging very seriously. Text messaging (SMS and MMS) is a regulated medium. There are a number of governing bodies that help to protect the consumer from spam. UniTel Voice builds safeguards into our Service to protect consumers. As a User of the Platform You are also responsible for respecting the governing laws. As a user of UniTel Voice, You are agreeing to be a good citizen of the Platform.
Below are a number of groups, agencies, and nonprofit organizations that help to protect consumers from spam. They also provide general guidelines for using text messaging for anything beyond just a conversation between friends. There are a few philosophies that resonate between all of them.
Content must be age appropriate for all audiences.
Customers should opt-in to receive messages from you if you will be advertising to them or will be sending promotional material to them.
Customers should be able to opt-out of your marketing campaigns or promotional material. That is until the user opts back into the service.
On the initial message to the customer, it is best to provide information on how they can opt out of the service.
In an effort to protect all users, UniTel Voice looks for keywords that denote a user’s intention to opt-out of receiving text messages. Those keywords include, but are not limited to: stop, stopall, block, end, unsubscribe, and quit. Understand that if a message is received from the customer by UniTel Voice and their response contains one of these values, you will not see the customer’s response. The customer will receive an informational text message from UniTel Voice, letting them know that your number has been blocked from texting. It will also give them a way to undo their action if it was unintentional.
Federal Communications Commission, FCC
Volume of Messages
As a user of UniTel Voice you can easily reach a large quantity of customers very quickly. Similar to the spam policies in place, UniTel Voice will throttle message volume on accounts deemed to be sending spam messages.
Questions or Support
If you have any questions, please feel free to reach out to us at [email protected]
