The information provided on SendHype is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access SendHype from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
SendHype is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for SendHype.
Provided that You are eligible to use SendHype, You are granted a limited license to access and use SendHype and to download or print a copy of any portion of the Content to which You have properly gained access solely for Your personal, non-commercial use. We reserve all rights not expressly granted to You in and to SendHype, the Content and the Marks.
If You provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate Your account and refuse any and all current or future use of SendHype (or any portion thereof).
You may not access or use SendHype for any purpose other than that for which we make SendHype available. SendHype may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of SendHype, You agree not to:
5.1 Use License
5.2 Apple and Android Devices
Premium Unlimited is available to be purchased as a one-time upgrade using the In-App Purchase system provided by Apple.
6.2 Refunds via Apple
Upgrades purchased via iTunes are made between You, the customer, and Apple Inc. Refunds must be requested by contacting Apple Inc.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding SendHype (“Submissions”) provided by You to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to You. You hereby waive all moral rights to any such Submissions, and You hereby warrant that any such Submissions are original with You or that You have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in Your Submissions.
Your mobile carrier may impose fees when You use SendHype to send text messages. Such carrier fees are subject to Your own engagement with Your mobile carrier and that carrier respective policies. It is Your responsibility to pay those charges, if imposed.
You agree to use SendHype in accordance with all applicable guidelines, as well as all state and federal laws that SendHype are subject to.
11.1. Representation that Communications with Your Contacts Comply with the Law
You represent and warrant that the owners of the phone numbers You initiate messages or broadcasts to through SendHype have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation. You agree that You will include clear opt-out/unsubscribe information in Your messages or broadcasts when required to do so by any applicable law or regulation, and that You will otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if it is applicable to Your messages.
You further agree that any individuals requesting Do-Not-Call (“DNC”) status shall be immediately placed on Your DNC accounts list and You further agree that You will not initiate any further messages or broadcasts to any individuals after they request DNC status.
11.2. Agreement to Learn About and Comply with the Relevant Laws
You agree to familiarize Yourself with and abide by all applicable local, state, national, and international laws and regulations pertaining to Your use of SendHype. You are solely responsible for all acts or omissions that occur under Your account, including, without limitation, the content of the messages and broadcasts that You create and initiate through SendHype. The Telephone Consumer Protection Act (TCPA), Federal Trade Commission and Federal Communications Commission rules, the National DNC list registry rules, and various state laws, rules, and regulations place restrictions on certain types of phone calls and text messages. Without limiting the foregoing, You agree to familiarize Yourself with the legal requirements triggered by any messages, texts, emails, calls, broadcasts, and campaigns transmitted through SendHype by visiting the following websites:
Federal Trade Commission, https://www.ftc.gov
Federal Communications Commission, https://www.fcc.gov/
National Do Not Call (DNC) Registry, https://www.donotcall.gov
SendHype is in no way attempting to interpret any laws, rules, or regulations. This information is provided merely as a courtesy, and it is not intended to replace Your responsibility to familiarize Yourself with and abide by the legal requirements pertaining to Your texts, messages, broadcasts, and campaigns prior to using SendHype. You are ultimately responsible to make Your own informed decisions regarding Your texts, emails, messages, broadcasts, and campaigns.
11.3. Prohibited Uses of SendHype
You accept that SendHype is provided for professional use only, and You agree that Your use of SendHype shall not include:
SendHype will not be liable for any misuse of the Services by You. SendHype is not responsible for the views and opinions contained in any of Your messages or broadcasts. You further agree that SendHype is, under no circumstances, responsible for the contents and/or accuracy of Your messages or broadcasts and that SendHype will only transmit them on a basis of good faith that You use SendHype in accordance with this Agreement.
Over sending messages, or being marked as spam but the recipient, may cause your Apple ID, cellular carrier to be suspended, blocked, banned, or permanently closed. SendHype will not be liable for any service interruptions caused as a result of using SendHype. Use SendHype at Your own risk.
If we terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You may be acting on behalf of the third party. In addition to terminating or suspending Your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
We reserve the right to change, modify, or remove the contents of SendHype at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on SendHype, or our Site. We also reserve the right to modify or discontinue all or part of SendHype without notice at any time. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of SendHype.
There may be information on SendHype that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on SendHype at any time, without prior notice.
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF SendHype WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE SIX (6) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
We will maintain certain data that You transmit to SendHype for the purpose of managing the performance of SendHype, as well as data relating to Your use of SendHype. Although we perform regular routine backups of data, You are solely responsible for all data that You transmit or that relates to any activity You have undertaken using SendHype. You agree that we shall have no liability to You for any loss or corruption of any such data, and You hereby waive any right of action against us arising from any such loss or corruption of such data.
Visiting Our website, using Our mobile app, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and You agree that all agreements, notices, disclosures, and other communications we provide to You electronically, via email and on SendHype, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
In order to resolve a complaint regarding SendHype or to receive further information regarding use of SendHype, please contact us at: firstname.lastname@example.org