1.
Introduction
Welcome to SMS Recordatorio
(“Company”, “we”, “our”,
“us”)! As you have just clicked to our Terms of Service, please make a pause,
grab a cup of coffee and carefully read the following pages. It will take you approximately 20
minutes.
These Terms of Service (“Terms”, “Terms
of Service”) govern your use of our web pages located at https://smscalendar.app
and our G Suite application SMS Recordatorio (together or individually “Service”)
operated by SMS Recordatorio
Our Privacy Policy also governs your use of our
Service and explains how we collect, safeguard and disclose information that results from your
use of our web pages. Please read it here https://smscalendar.app/privacy.
Your agreement with us includes these Terms and our Privacy Policy
(“Agreements”). You acknowledge that you have read and understood Agreements,
and agree to be bound of them.
If you do not agree with (or cannot comply
with) Agreements, then you may not use the Service, but please let us know by emailing at
support@smscalendar.app so we can try to find a solution. These Terms apply to all visitors,
users and others who wish to access or use Service.
Thank you for being
responsible.
2. Communications
By
creating an Account on our Service, you agree to subscribe to newsletters, marketing or
promotional materials and other information we may send. However, you may opt out of receiving
any, or all, of these communications from us by following the unsubscribe link or by emailing
at.
3. Purchases
If you wish to purchase
any product or service made available through Service (“Purchase”), you may be
asked to supply certain information relevant to your Purchase including, without limitation,
your credit card number, the expiration date of your credit card, your billing address, and your
shipping information.
You represent and warrant that: (i) you have the
legal right to use any credit card(s) or other payment method(s) in connection with any
Purchase; and that (ii) the information you supply to us is true, correct and
complete.
We may employ the use of third party services for the purpose of
facilitating payment and the completion of Purchases. By submitting your information, you grant
us the right to provide the information to these third parties subject to our Privacy
Policy.
We reserve the right to refuse or cancel your order at any time
for reasons including but not limited to: product or service availability, errors in the
description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or
illegal transaction is suspected.
4. Contests, Sweepstakes and
Promotions
Any contests, sweepstakes or other promotions
(collectively, “Promotions”) made available through Service may be governed by
rules that are separate from these Terms of Service. If you participate in any Promotions,
please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion
conflict with these Terms of Service, Promotion rules will apply.
5. Subscriptions
Some parts of Service are billed
on a subscription basis (“Subscription(s)”). You will be billed in advance on a
recurring and periodic basis (“Billing Cycle”). Billing cycles are set on a
monthly basis.
At the end of each Billing Cycle, your Subscription will
automatically renew under the exact same conditions unless you cancel it or SMS Recordatorio cancels
it. You may cancel your Subscription renewal by contacting SMS Recordatorio customer support
team.
A valid payment method, including credit card or PayPal, is required
to process the payment for your subscription. You shall provide SMS Recordatorio with accurate and
complete billing information including full name, address, state, zip code, telephone number,
and a valid payment method information. By submitting such payment information, you
automatically authorize SMS Recordatorio to charge all Subscription fees incurred through your
account to any such payment instruments.
Should automatic billing fail to
occur for any reason, SMS Recordatorio will issue an electronic invoice indicating that you must
proceed manually, within a certain deadline date, with the full payment corresponding to the
billing period as indicated on the invoice.
6. Fee
Changes
SMS Recordatorio, in its sole discretion and at any time, may
modify Subscription fees for the Subscriptions. Any Subscription fee change will become
effective at the end of the then-current Billing Cycle.
SMS Recordatorio will
provide you with a reasonable prior notice of any change in Subscription fees to give you an
opportunity to terminate your Subscription before such change becomes effective.
Your continued use of Service after Subscription fee change comes into effect constitutes your
agreement to pay the modified Subscription fee amount.
7.
Refunds
Paid Subscription fees are
non-refundable.
8. Content
Content found
on or through this Service are the property of SMS Recordatorio or used with permission. You may not
distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in
whole or in part, for commercial purposes or for personal gain, without express advance written
permission from us.
9. Prohibited Uses
You may use Service only for lawful purposes and in accordance with Terms. You agree not to
use Service:
a. In any way that violates any applicable national or
international law or regulation.
b. For the purpose of exploiting,
harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate
content or otherwise.
c. To transmit, or procure the sending of, any
advertising or promotional material, including any “junk mail”, “chain letter,” “spam,” or any
other similar solicitation.
d. To impersonate or attempt to impersonate
Company, a Company employee, another user, or any other person or entity.
e. In any way that infringes upon the rights of others, or in any way is illegal, threatening,
fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful
purpose or activity.
f. To engage in any other conduct that restricts or
inhibits anyone’s use or enjoyment of Service, or which, as determined by us, may harm or offend
Company or users of Service or expose them to liability.
g. To send
unsolicited messages or any message that would not be permitted under applicable law.
h. If you haven’t obtained all the necessary licenses, consents, and permissions for your
use of this Service.
i. For any activities where the use or failure of the
Service could lead to death, personal injury, or environmental damage (such as the operation of
nuclear facilities, air traffic control, or life support systems).
j. If
you are (or become) a "covered entity" or "business associate" as defined in HIPAA, you will not
use this Service for any purpose or in any manner involving transmitting protected health
information.
k. It is not allowed to send messages that promote gambling,
betting and/or adult content as well as website links.
Additionally, you
agree not to:
a. Use Service in any manner that could disable, overburden,
damage, or impair Service or interfere with any other party’s use of Service, including their
ability to engage in real time activities through Service.
b. Use any
robot, spider, or other automatic device, process, or means to access Service for any purpose,
including monitoring or copying any of the material on Service.
c. Use any
manual process to monitor or copy any of the material on Service or for any other unauthorized
purpose without our prior written consent.
d. Use any device, software, or
routine that interferes with the proper working of Service.
e. Introduce
any viruses, trojan horses, worms, logic bombs, or other material which is malicious or
technologically harmful.
f. Attempt to gain unauthorized access to,
interfere with, damage, or disrupt any parts of Service, the server on which Service is stored,
or any server, computer, or database connected to Service.
g. Attack
Service via a denial-of-service attack or a distributed denial-of-service attack.
h. Take any action that may damage or falsify Company rating.
i.
Otherwise attempt to interfere with the proper working of Service.
Finally, you agree that you are the only responsible of the content of the messages sent by
using this Service.
10. Analytics
We may use third-party Service
Providers to monitor and analyze the use of our Service.
Google
Analytics
Google Analytics is a web analytics service offered by
Google that tracks and reports website traffic. Google uses the data collected to track and
monitor the use of our Service. This data is shared with other Google services. Google may use
the collected data to contextualise and personalise the ads of its own advertising
network.
For more information on the privacy practices of Google, please
visit the Google Privacy Terms web page: https://policies.google.com/privacy?hl=en
We also encourage you to review the Google's policy for safeguarding your data:
https://support.google.com/analytics/answer/6004245.
11. No Use By
Minors
Service is intended only for access and use by individuals
at least eighteen (18) years old. By accessing or using any of Company, you warrant and
represent that you are at least eighteen (18) years of age and with the full authority, right,
and capacity to enter into this agreement and abide by all of the terms and conditions of Terms.
If you are not at least eighteen (18) years old, you are prohibited from both the access and
usage of Service.
12. Accounts
When you
create an account with us, you guarantee that you are above the age of 18, and that the
information you provide us is accurate, complete, and current at all times. Inaccurate,
incomplete, or obsolete information may result in the immediate termination of your account on
Service.
You are responsible for maintaining the confidentiality of your
account and password, including but not limited to the restriction of access to your computer
and/or account. You agree to accept responsibility for any and all activities or actions that
occur under your account and/or password, whether your password is with our Service or a
third-party service. You must notify us immediately upon becoming aware of any breach of
security or unauthorized use of your account.
You may not use as a
username the name of another person or entity or that is not lawfully available for use, a name
or trademark that is subject to any rights of another person or entity other than you, without
appropriate authorization. You may not use as a username any name that is offensive, vulgar or
obscene.
We reserve the right to refuse service, terminate accounts,
remove or edit content, or cancel orders in our sole discretion.
13. Intellectual Property
Service and its original content
(excluding Content provided by users), features and functionality are and will remain the
exclusive property of SMS Recordatorio and its licensors. Service is protected by copyright,
trademark, and other laws of the United States and foreign countries. Our trademarks and trade
dress may not be used in connection with any product or service without the prior written
consent of SMS Recordatorio.
14. Copyright Policy
We respect the intellectual property rights of others. It is our policy to respond to any
claim that Content posted on Service infringes on the copyright or other intellectual property
rights (“Infringement”) of any person or entity.
If you
are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work
has been copied in a way that constitutes copyright infringement, please submit your claim via
email to support@smscalendar.app, with the subject line: “Copyright Infringement” and include in
your claim a detailed description of the alleged Infringement as detailed below, under “DMCA
Notice and Procedure for Copyright Infringement Claims”
You may be held
accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith
claims on the infringement of any Content found on and/or through Service on your
copyright.
15. DMCA Notice and Procedure for Copyright Infringement
Claims
You may submit a notification pursuant to the Digital
Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information
in writing (see 17 U.S.C 512(c)(3) for further detail):
a. an electronic
or physical signature of the person authorized to act on behalf of the owner of the copyright's
interest;
b. a description of the copyrighted work that you claim has been
infringed, including the URL (i.e., web page address) of the location where the copyrighted work
exists or a copy of the copyrighted work;
c. identification of the URL or
other specific location on Service where the material that you claim is infringing is
located;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not
authorized by the copyright owner, its agent, or the law;
f. a statement
by you, made under penalty of perjury, that the above information in your notice is accurate and
that you are the copyright owner or authorized to act on the copyright owner's
behalf.
You can contact our Copyright Agent via email at
support@smscalendar.app
16. Error Reporting and
Feedback
You may provide us directly at support@smscalendar.app
with information and feedback concerning errors, suggestions for improvements, ideas, problems,
complaints, and other matters related to our Service (“Feedback”). You
acknowledge and agree that: (i) you shall not retain, acquire or assert any intellectual
property right or other right, title or interest in or to the Feedback; (ii) Company may have
development ideas similar to the Feedback; (iii) Feedback does not contain confidential
information or proprietary information from you or any third party; and (iv) Company is not
under any obligation of confidentiality with respect to the Feedback. In the event the transfer
of the ownership to the Feedback is not possible due to applicable mandatory laws, you grant
Company and its affiliates an exclusive, transferable, irrevocable, free-of-charge,
sub-licensable, unlimited and perpetual right to use (including copy, modify, create derivative
works, publish, distribute and commercialize) Feedback in any manner and for any
purpose.
17. Links To Other Web Sites
Our Service may contain links to
third party web sites or services that are not owned or controlled by SMS Recordatorio
SMS Recordatorio has no control over, and assumes no responsibility for the content, privacy
policies, or practices of any third party web sites or services. We do not warrant the offerings
of any of these entities/individuals or their websites.
YOU ACKNOWLEDGE
AND AGREE THAT SMS Recordatorio SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY
DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY
SUCH CONTENT, GOODS OR SERVICES AVAILABLE ON OR THROUGH ANY SUCH THIRD PARTY WEB SITES OR
SERVICES.
WE STRONGLY ADVISE YOU TO READ THE TERMS OF SERVICE AND PRIVACY
POLICIES OF ANY THIRD PARTY WEB SITES OR SERVICES THAT YOU VISIT.
18. Disclaimer Of Warranty
THESE SERVICES ARE PROVIDED BY
COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THEIR SERVICES, OR THE INFORMATION,
CONTENT OR MATERIALS INCLUDED THEREIN. YOU EXPRESSLY AGREE THAT YOUR USE OF THESE SERVICES,
THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED FROM US IS AT YOUR SOLE RISK.
NEITHER COMPANY NOR ANY PERSON ASSOCIATED WITH COMPANY MAKES ANY WARRANTY OR REPRESENTATION
WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF
THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANYONE ASSOCIATED WITH COMPANY
REPRESENTS OR WARRANTS THAT THE SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED
THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL
BE CORRECTED, THAT THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR
OTHER HARMFUL COMPONENTS OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE
SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
COMPANY HEREBY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE,
INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS
FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH
CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
19. Limitation
Of Liability
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD US AND OUR
OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS' FEES AND ALL
RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY,
WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT,
NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS
AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR
REGULATIONS, EVEN IF COMPANY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF COMPANY, IT WILL BE
LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL
THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT
APPLY TO YOU.
20. Termination
We may
terminate or suspend your account and bar access to Service immediately, without prior notice or
liability, under our sole discretion, for any reason whatsoever and without limitation,
including but not limited to a breach of Terms.
If you wish to terminate
your account, you may simply discontinue using Service.
All provisions of
Terms which by their nature should survive termination shall survive termination, including,
without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of
liability.
21. Governing Law
These Terms
shall be governed and construed in accordance with the laws of Spain without regard to its
conflict of law provisions.
Our failure to enforce any right or provision
of these Terms will not be considered a waiver of those rights. If any provision of these Terms
is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will
remain in effect. These Terms constitute the entire agreement between us regarding our Service
and supersede and replace any prior agreements we might have had between us regarding
Service.
22. Changes To Service
We
reserve the right to withdraw or amend our Service, and any service or material we provide via
Service, in our sole discretion without notice. We will not be liable if for any reason all or
any part of Service is unavailable at any time or for any period. From time to time, we may
restrict access to some parts of Service, or the entire Service, to users, including registered
users.
23. Amendments To Terms
We may
amend Terms at any time by posting the amended terms on this site. It is your responsibility to
review these Terms periodically.
Your continued use of the Platform
following the posting of revised Terms means that you accept and agree to the changes. You are
expected to check this page frequently so you are aware of any changes, as they are binding on
you.
By continuing to access or use our Service after any revisions become
effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you
are no longer authorized to use Service.
24. Waiver And
Severability
No waiver by Company of any term or condition set
forth in Terms shall be deemed a further or continuing waiver of such term or condition or a
waiver of any other term or condition, and any failure of Company to assert a right or provision
under Terms shall not constitute a waiver of such right or provision.
If
any provision of Terms is held by a court or other tribunal of competent jurisdiction to be
invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited
to the minimum extent such that the remaining provisions of Terms will continue in full force
and effect.
25. Acknowledgement
BY USING
SERVICE OR OTHER SERVICES PROVIDED BY US, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF
SERVICE AND AGREE TO BE BOUND BY THEM.
26. Contact
Us
Please send your feedback, comments, requests for technical
support:
By email: support@smscalendar.app.