Terms of Service

In the interest of getting you started sending SMS and Email as soon as possible we will keep this as brief as possible.

You must read and agree to these Terms of Service.

A few definitions

Account or Promotexter Account shall mean the access portal (inclusive of Website access and API access) provided to you by Promotexter for the purpose of using the Service

API (Application Programming Interface) shall mean the interface which permits you to connect your software application to the Service

Content shall mean the SMS (‘Short Message Service” or “text message”) or Email message content and sender names created and sent via your Account

Message shall be a collective term for Text messages (‘Short Message Service’ or ‘SMS’) and Email messages.

Subscriber shall mean any individual who is the intended recipient of the Content, transmitted through your Account

Service shall mean the provision of a facility that enables you to transmit Content to Subscribers, or any other related service that Promotexter offers through the Account.

You ('you', 'your') shall mean you as an individual user who has access to a Promotexter Account.

Your Account Details

Do not to use the details of another person or entity with the intent to impersonate that third party, or which infringes third party rights or which Promotexter, in its sole discretion, deems inappropriate or offensive.

Third party Access to your Account

Passwords. You are solely responsible and liable for all activities conducted through your Promotexter Account. To prevent unauthorized access or use, you must keep your password confidential and not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you should immediately change it in order to protect the security of your Account.

API. Promotexter permits you to interface and connect your software application via REST API for the purpose of sending SMS, subject to strict compliance with the terms specified in the Acceptable Use section herein, and subject to the following additional terms:

Acceptable use

By accepting these Terms of Service, Promotexter grants you a limited, non-exclusive, non-sublicensable, non-assignable License to use the Service, which may be withdrawn at Promotexter’s sole discretion for non-compliance with these Terms of Service.

Lawful Use. It is your responsibility to ensure that you use the service in accordance with applicable laws and regulations where you and your Subscribers are located.

Message Content. You agree:

Don't send Spam. We operate a zero-tolerance spam policy and your Account may be suspended if we suspect you are sending spam or unsolicited marketing messages. As such, you are not permitted to send messages to acquired or purchased third party contact lists, or to Subscribers who have made clear that they do not wish to receive messages from you. You shall inform all Subscribers of the right to ‘opt out’ of or unsubscribe from the your messages, with instructions on how to do so.

Prohibited access. Whether you create an Account or not, by accessing Promotexter’s website www.promotexter.com or any of its IP addresses or sub-domains (“Website”) via the Website or via the platform API, you acknowledge that you are prohibited from:

Confidential Information and Data Retention

We respect the confidentiality of the information we collect from you during your registration and use of the platform, including personal and non-personal information, the Content you transmit and the Subscriber data (such as your customers’ names, mobile numbers and other data). This information is handled in accordance with our Privacy Policy.

Promotexter retains data in accordance with applicable laws typically for not less than 6 months. We reserve the right to delete data older than 24 months at our discretion.

Service Fees and Payment

Free Test Messages. Upon creating your Account, you are allocated free test messages. Promotexter may change this free allocation without prior notice.

Credit Top Up. Credit is purchased on a prepayment basis. You may add credit to your Account through PayPal or by Credit Card. Your credit balance is automatically credited upon receipt of cleared payments. Unused credit is non-refundable.

Payment charges. Payments via PayPal or Credit Card are be subject to payment charges. These shall be paid by you and are clearly indicated before committing to payment.

Message Rates. SMS and Email rates are clearly indicated in the platform. Upon creating an Account you may be permitted to select your preferred currency (depending on your location). Once set, this currency is fixed for the Account.

Price Changes. We endeavour to maintain or improve pricing. You acknowledge, however, that Rates may be subject to change without prior notice. Rates applicable to your Account are visible through the Pricing page, accessible from the Settings menu. You may also view the estimated cost of any campaign prior to sending.

If you do not wish to continue using the platform after a price change, you agree that your only recourse is to stop using the service.

Billing. Messages are charged on a “sent” basis, and are not dependent on the delivery status, which is dependent on factors outside of Promotexter’s control such as the validity of the mobile number or email address, the status and location of the Subscriber's phone and restrictions or delays on the part of the Mobile Network Operators or Internet Service Providers.

SMS Billing. A text message may compromise one or more SMS parts, each billed separately, calculated as follows:

GSM-7 characters are typically Latin Alphabet (eg ABC, abc, 123…)

Unicode typically refers to any language character set outside of standard Latin Alphabet, including but not limited to Chinese, Thai, Korean, Arabic, Russian etc.

When sending SMS via the platform, the SMS message count is clearly indicated in the Campaign Summary visible before going live with the campaign. You are solely responsible for checking the message count before clicking the send button.

Billing Disputes. For billing disputes You must contact finance@promotexter.com within thirty (30) days of the date the Service was provided. After the 30-day period, You will not be entitled to dispute any fees billed or payable to Promotexter.

Termination, Suspension and Deactivation

Promotexter may suspend your Account, your access to specific services within the Account or the sending of SMS, Email or other billable services, at any time and without recourse to the courts, if:

If your Account is suspended, we will advise you by email at the registered email address. You may appeal or resolve any breach within thirty (30) days from notification. If unresolved within the thirty (30) day period, Promotexter may terminate your Account and your use of the services and platform immediately effective upon delivery to you of notice thereof.

You agree to fully cooperate with Promotexter in case of any investigation into any use or misuse of the Service.

Upon termination of your relationship with Promotexter, all licenses and rights to use Promotexter’s Services and Websites shall immediately terminate and you will immediately cease any and all use of the Promotexter Services and Websites;

The termination of this Agreement for whatever reason shall not relieve either Party from any liabilities arising prior to such termination unless otherwise provided herein.

You acknowledge and agree that after termination, Promotexter shall retain your Data for at least six (6) months in accordance with Cyber Crime laws. Please refer to our Privacy Policy for more details.

Additional Legal Terms

No Warranties. You acknowledge and agree that your use of the platform, Promotexter’s website and other Promotexter services is at your sole risk and that the services are provided 'as is' and without warranties of any kind. Promotexter, including its directors, employees, officers, agents, affiliates and partners, to the maximum extent permitted by law, disclaims any and all representations and warranties, whether express or implied, including, but not limited to the accuracy of information, or the quality, performance, non-infringement, merchantability or fitness for use for a particular purpose, nor any warranty as to the results that may be obtained by using the services. Furthermore Promotexter does not give any warranty that the services and/or site will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free, nor does promotexter warrant any connection to or transmission from the internet.

Limited Liability. Under no circumstances, including negligence, shall you hold Promotexter including its directors, employees, officers affiliates and partners liable for any losses of profits, loss of business or goodwill, loss of data or use of data, interruption of business, nor for direct, special, incidental or consequential damages of any kind however caused under or arising out of this Agreement or your use or inability to use the platform or services.

Furthermore, you agree that you shall be liable for all consequences, costs and/or penalties, arising out of your use or misuse of the Service or infringement of any intellectual property rights or other rights of any person or entity, or breach of any of your representations, acknowledgements and warranties or other terms herein, whether intentional or not. Furthermore you agree to hold Promotexter, its employees, officers, affiliates and partners, harmless from any claim, demand or suit, whether in civil or in criminal law, including without limitation reasonable legal fees, made by the Subscriber or any third party due to any such breach.

You are responsible for the content that you send and the Subscribers to whom you send it, and you shall bear full responsibility for any third party claim brought against you or Promotexter as a result of non-compliance with the Terms herein, and you expressly agree to hold Promotexter harmless and indemnify Promotexter against any liabilities, costs and expenses arising out of your use of our platforms.

Force Majeure. Promotexter shall not be liable for any failure to fulfill its obligations herein due to causes beyond its reasonable control, including acts or omissions of government or military authority, acts of God, shortages of materials, telecommunications failures (including, but not restricted to, any interruptions in services of Internet or mobile service providers or operators), transportation delays, earthquakes, fires, floods, labour disturbances, riots or wars.

Assignment. You may not assign these Terms or any rights or obligations contained in them. Promotexter may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.

Governing Law. For customers in the Philippines, the laws of the Philippines shall govern these Terms of Service and its courts shall have exclusive jurisdiction to hear any disputes arising hereto. For all other customers, the laws of the Hong Kong shall govern these Terms of Service, and its courts shall have exclusive jurisdiction to hear any disputes arising hereto.

Severability. If any of the Terms herein should be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, then it shall not impair the legality, validity or enforceability of the remainder of the Terms.

Survival. The provisions of this Agreement that by their nature and context are intended to survive the performance and termination of this Agreement, will survive the completion of performance and termination of this Agreement.

No Waivers. Promotexter's failure to exercise any of its rights under this Agreement will not constitute a waiver or forfeiture of such rights.

Modification of Terms. Promotexter may, at its sole discretion, amend, modify, add, remove or altogether change the terms and conditions of this Agreement. Promotexter shall notify you upon login of any changes. Upon login to your User Account, you are deemed to have agreed to the updated terms. You may terminate your relationship with Promotexter if any such changes are not acceptable to you, as per the Termination, Suspension and Deactivation terms herein.