These Terms of Service govern your access to and use of True Dialog’s website (the “Site”), any information, text, graphics, or other materials created and/or provided by True Dialog and appearing on the Site (the “Content”), Products (as defined below) and any services and/or software provided through the Site or by True Dialog (the “Services”). These Terms of Service limit True Dialog’s liability and obligations to you, grant True Dialog certain rights and allow True Dialog to change, suspend or terminate your access to and use of the Site, Content, Files and Services. Your access to and use of the Site, Content, Files and/or Services are expressly conditioned on your compliance with these Terms of Service. By accessing or using the Site, Content, Files and/or Services you agree to be bound by these Terms of Service.
YOU UNDERSTAND THAT BY CLICKING THE “I AGREE” BUTTON, BY USING THE SITE, CONTENT, FILES AND/OR SERVICES OR YOUR ACCOUNT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE IN THEIR ENTIRETY, YOU MAY NOT ACCESS OR USE THE SITE, CONTENT, FILES OR SERVICES. You are specifically agreeing to a limit of our obligations and liability as referenced in the following Sections: Us of Site at Your Own Risk, True Dialog is Available “AS IS” and Limitation of Liability. Further, you are specifically agreeing to arbitration, on an individual basis, in the event of a dispute between us in the following Section: Controlling Law, Arbitration, Class Action Waiver and Jurisdiction. If you agree to these Terms of Service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, “you ” and “your” will refer and apply to that business.
The following Definitions are used throughout the “Terms of Service” document.
“Products”: consists of a browser interface, message application, SMS gateway access, data encryption, data transmission, data-access and data storage.
“Keyword”: the word identifier assigned to you when your set up your account. This is a unique set of characters and/or numbers that allows users to text your “keyword” to a short code (70626) and send your messages.
“Statement of Work”: a document that defines the work activities, deliverables, timeline, and projected costs of the project.
Account Pricing Terms and Conditions
The fees will be billed from the date you elect, and on each monthly or yearly renewal thereafter unless and until you cancel your account. Check your “Statement of Work” to see the commencement date for your next renewal period. True Dialog will automatically bill your credit card each month or year on the calendar day corresponding to the commencement of your paid account. You acknowledge that the amount billed each month or year may vary for reasons that include changes due to promotional offers, changes in your account, or changes in the amount of applicable sales tax. You authorize us to charge your credit card or banking account for such varying amounts. True Dialog may also periodically authorize your credit card in anticipation of account or related charges. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods.
In the event of any change in fees and charges, we will give you 30 days advance notice of these changes by email. If you want to use a different credit card or if there is a change in your credit card validity or expiration date, you may edit your information by accessing your contacting us directly. If your credit card reaches its expiration date, your continued use of the True Dialog constitutes your authorization for us to continue billing that credit card and you remain responsible for any uncollected amounts. It is your responsibility to keep your contact information and payment information current and updated.
Canceling Your Account
Your True Dialog paid account will continue in effect unless and until you cancel your paid account or we terminate it. You must cancel your paid accounts before it renews each month or year in order to avoid billing of the next month’s or year’s fees to your credit card. True Dialog will bill the monthly or yearly fees associated with your paid accounts plus any applicable tax to the credit card you provide to us during registration (or to a different credit card if you change your account information).
True Dialog paid accounts are prepaid and are non-refundable. True Dialog DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL MONTHS OR YEARS. You may cancel your True Dialog paid account at anytime, and cancellation will be effective immediately. If you wish to cancel your paid account you may do so via your “Account” page. Should you elect to cancel your paid accounts, please note that you will not be issued a refund for the most recently (or any previously) charged monthly fees.
By signing up for a True Dialog paid accounts and providing True Dialog with your payment account information, you hereby agree to these payment terms and conditions.
For content that is covered by intellectual property rights, including logos, photos and videos (“IP content”), you specifically give us the following permission, subject to your privacy and use requirements. You grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you provide in connection with True Dialog. This IP License ends when you delete your IP content or your account unless your content has been shared with others, and they have not deleted it.
When you delete IP content, it is deleted in a manner similar to emptying the recycle bin on a computer. However, you understand that removed content may persist in backup copies for a reasonable period of time (but will not be available to others).
You represent and warrant that the information you have provided is accurate information and that you have the necessary rights, ownership of the cell phone, consents and permissions.
You acknowledge and agree that you should not rely on the Site, Content, Messaging and Services for any reason. You further acknowledge and agree that you are solely responsible for maintaining and protecting all data and information that is stored, retrieved or otherwise processed by the Site, Content, Messaging or Services. Without limiting the foregoing, you will be responsible for all costs and expenses that you or others may incur with respect to backing up, and restoring and/or recreating any data and information that is lost or corrupted as a result of your use of the Site, Content, Messaging and/or Services.
You are responsible for safeguarding the password that you use to access the Site, Content, Messaging and Services. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify True Dialog of any unauthorized use of your password. You acknowledge that if you wish to protect your transmission of data and/or files to True Dialog, it is your responsibility to use a secure encrypted connection to communicate with and/or utilize the Site, Messaging and Services.
Your Use of the Services
True Dialog grants you a limited, nonexclusive, nontransferable, revocable license to use the Site, Content, Messaging and Services subject to the restrictions set forth in these Terms of Service.
True Dialog Property and Feedback
All right, title, and interest in and to the Site, Content, and Services are and will remain the exclusive property of True Dialog and its licensors, including all Intellectual Property Rights (as defined below) therein, even if True Dialog incorporates any of your Feedback (as defined below) into subsequent versions. The Site, Content, and Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Except as expressly permitted in these Terms of Service, you may not reproduce, modify or prepare derivative works based upon, distribute, sell, transfer, publicly display, publicly perform, transmit, or otherwise use the Site, Content, or Services. You may not copy or modify the HTML or other code used to generate web pages on the Site.
All feedback, comments, and suggestions for improvements (the “Feedback”) that you provide to True Dialog, in any form, and any contributions you make to the Site by posting content and communicating with other True Dialog users via posts to forums on the site (“User Posts”) will be the sole and exclusive property of True Dialog. You hereby irrevocably transfer and assign to True Dialog and agree to irrevocably assign and transfer to True Dialog all of your right, title, and interest in and to all of your Feedback and User Posts, including all worldwide patent rights (including patent applications and disclosures), copyright rights, trade secret rights, and other intellectual property rights (collectively, the “Intellectual Property Rights”) therein. At True Dialog’s request and expense, you will execute documents and take such further acts as True Dialog may reasonably request to assist True Dialog in acquiring, perfecting and maintaining its Intellectual Property Rights and other legal protections for your Feedback and User Posts. You will not earn or acquire any rights or licenses in the Site, Content, and Services or in any True Dialog Intellectual Property Rights on account of these Terms of Service or your performance under these Terms of Service.
You agree not to do any of the following while using the Site, Content, Messaging or Services:
Post, publish or transmit any text, graphics, or material that: (i) is false or misleading; (ii) is defamatory; (iii) invades another’s privacy; (iv) is obscene, pornographic, or offensive; (v) promotes bigotry, racism, hatred or harm against any individual or group; (vi) infringes another’s rights, including any intellectual property rights; or (vii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability;
Access, tamper with, or use non-public areas of the True Dialog’s computer systems, or the technical delivery systems of True Dialog’s providers;
Attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
Attempt to access or search the Site, Content, Messaging or Services with any engine, software, tool, agent, device or mechanism other than the software and/or search agents provided by True Dialog or other generally available third-party web browsers (such as Microsoft Internet Explorer or Mozilla Firefox), including but not limited to browser automation tools;
Send unsolicited email, junk mail, “spam,” or chain letters, or promotions or advertisements for products or services;
Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Content, Messaging or Services to send altered, deceptive or false source-identifying information;
Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Content, Messaging or Services;
Use the Services for emergency services unless a separate terms of service related to such use has been agreed to;
Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Site; or plant malware on True Dialog’s computer system, those systems of True Dialog’s providers, or otherwise use the Site, Content, Messaging or Services to attempt to distribute malware; or Impersonate or misrepresent your affiliation with any person or entity; and/or
True Dialog will have the right to investigate and prosecute violations of any of the above, including intellectual property rights infringement and Site security issues, to the fullest extent of the law. True Dialog may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that True Dialog has no obligation to monitor any user’s access to or use of the Site, Content, Messaging and Services, but has the right to do so for the purpose of operating the Site and the Services, to ensure users’ compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
Digital Millennium Copyright Act Compliance
You will only upload, post, submit or otherwise transmit data and/or files: (i) that you have the lawful right to use, copy, distribute, transmit, or display; or (ii) that does not infringe the intellectual property rights or violate the privacy rights of any third party (including, without limitation, copyright, trademark, patent, trade secret, or other intellectual property right, or moral right or right of publicity). True Dialog has adopted and implemented a policy that permits the deletion of files that violate this policy, and that permits the termination in appropriate circumstances of the accounts of users who repeatedly infringe or are believed to be or are charged with repeatedly infringing the rights of copyright holders.
The Site may contain links to third-party websites or resources. You acknowledge and agree that True Dialog is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by True Dialog of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
If you violate any of these Terms of Service, your permission to use the Site, Content, Messaging and Services will automatically terminate. True Dialog reserves the right to revoke your access to and use of the Site, Content, Messaging and Services at any time, with or without cause, and with or without notice. True Dialog also reserves the right to cease providing or to change the Site, Content, Messaging or Services at any time and without notice.
True Dialog reserves the right to terminate Free Accounts at any time, with or without notice. Without limiting the generality of the foregoing, and without further notice, True Dialog may choose to delete and/or reduce: (i) any or all of Your Files if your Free Account is inactive for 90 days; and (ii) previous versions and/or prior backups of Your Files.
Use of the Site at Your Own Risk
Your access to and use of the Site, Content, Messaging and Services and is at your own risk. True Dialog will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Site, Content, Messaging or Services.
True Dialog is Available “AS-IS”
THE SITE, CONTENT, MESSAGING AND SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, True Dialog EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE THAT USE OF THE SITE, CONTENT, MESSAGING AND SERVICES MAY RESULT IN UNEXPECTED RESULTS, LOSS OR CORRUPTION OF DATA OR COMMUNICATIONS, PROJECT DELAYS, OTHER UNPREDICTABLE DAMAGE OR LOSS, OR EXPOSURE OF YOUR DATA OR YOUR FILES TO UNINTENDED THIRD PARTIES.
True Dialog MAKES NO WARRANTY THAT THE SITE, CONTENT, MESSAGING OR SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. True Dialog MAKES NO WARRANTY REGARDING THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED THROUGH THE SITE, CONTENT, OR SERVICES, OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SITE, CONTENT, FILES OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM True Dialog OR THROUGH THE SITE, CONTENT, FILES OR SERVICES, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You agree to defend, indemnify, and hold True Dialog, its officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses and expenses, including, without limitation, reasonable attorneys’ fees and costs, arising out of or in any way connected with: (i) your access to or use of the Site, Content, Messaging and Services; (ii) your violation of this Agreement; (iii) your violation of any third party right, including without limitation any intellectual property right, including but not limited to right of attribution, publicity, confidentiality, property or privacy right; or (iv) any claim that Your True Dialog, or your use of True Dialog, caused damage to a third party, including without limitation claims that Your True Dialog, or use of True Dialog, infringe the rights of another.
Limitation of Liability
IN NO EVENT WILL True Dialog BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF USE, DATA, BUSINESS OR PROFITS) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SITE, CONTENT, MESSAGING AND/OR SERVICES, OR FOR ANY ERROR OR DEFECT IN THE SITE, CONTENT, MESSAGING OR SERVICES, WHETHER SUCH LIABILITY ARISES FROM ANY CLAIM BASED UPON CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, OR ANY OTHER LEGAL THEORY, WHETHER OR NOT True Dialog HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. YOU SPECIFICALLY ACKNOWLEDGE THAT True Dialog IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, True Dialog WILL HAVE NO LIABILITY TO YOU OR TO ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR THROUGH THE SERVICES AND/OR THE FILES, OR IF YOUR DATA IS LOST, CORRUPTED OR EXPOSED TO UNINTENDED THIRD PARTIES.
FREE ACCOUNT HOLDERS: YOU AGREE THAT THE AGGREGATE LIABILITY OF True Dialog TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT, MESSAGING AND/OR SERVICES IS LIMITED TO TEN ($10) U.S. DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN True Dialog AND YOU.
PREMIUM ACCOUNT HOLDERS: YOU AGREE THAT THE AGGREGATE LIABILITY OF True Dialog TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THE USE OF THE SITE, CONTENT, FILES AND/OR SERVICES IS LIMITED TO LOWER OF THE AMOUNTS YOU HAVE PAID TO True Dialog DURING THE THREE MONTH PERIOD PRIOR TO SUCH CLAIM, FOR ACCESS TO AND USE OF THE SITE, CONTENT, FILES OR SERVICES, OR FIFTY ($50) DOLLARS. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN True Dialog AND YOU.
In the event that any provision of these Terms of Service is held to be invalid or unenforceable, the remaining provisions of these Terms of Service will remain in full force and effect.
The failure of True Dialog to enforce any right or provision of these Terms of Service will not be deemed a waiver of such right or provision.
Controlling Law, Arbitration, Class Action Waiver and Jurisdiction
These Terms of Service and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of law provisions. The exclusive jurisdiction and venue of any action with respect to the subject matter of these Terms of Service will be the state and federal courts located in Travis County, Texas, and each of the parties hereto waives any objection to jurisdiction and venue in such courts.
Both of us agree that any claims or controversies between us must be brought against each other on an individual basis only. That means neither of us can bring a claim as a plaintiff or class member in a class action, consolidated action, or representative action. The arbitrator cannot combine more than one person’s or entity’s claims into a single case, and cannot preside over any consolidated, class or representative proceeding without our permission. Further, the arbitrator’s decision or award in one person’s or entity’s case can only impact the person or entity that brought the claim, not other customers, and cannot be used to decide other disputes with other customers.
The export and re-export of True Dialog software products are controlled by the United States Export Administration Regulations and such software may not be exported or re-exported to Cuba; Iran; North Korea; Sudan; or Syria or any country that is subject to an embargo by the United States. If you are a resident or national of, or a business located in, any of those countries, you may not download or use the True Dialog software products. In addition; True Dialog software may not be distributed to persons on the Table of Denial Orders; the Entity List; or the List of Specially Designated Nationals.
These Terms of Service are the entire and exclusive agreement between True Dialog and you regarding the Site, Content, Services and Your True Dialog, and these Terms of Service supersede and replace any prior agreements between True Dialog and you regarding the Site, Content, Services and Your True Dialog. We may change these terms at any time. If you continue to use the Services after such change, then you will have been deemed to have accepted such changes.