Terms of Service

You must read and agree to these Terms of Service and the Promotexter Privacy Policy, prior to using the Promotexter Service.

A few definitions

In addition to the definitions in the Privacy Policy, the following definitions apply:

Account or Promotexter Account shall mean the access portal (inclusive of web portal 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 message content and sender names created and sent via your Account.

Client (“you”, “your”) shall be a collective term for you and any other Client-authorised users who have access to your Promotexter Account.

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

Parties shall mean You and Promotexter.

Spam shall mean any marketing Message sent to a Subscriber who has not given explicit prior permission to receive such Messages.

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

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

Entire Agreement

Unless a separate written Agreement is executed by both you and Promotexter, these Terms of Service and the Promotexter Privacy Policy constitute the entire agreement (“Agreement”) between the Parties with respect to everything connected with the subject matter herein, and supersede and extinguish all prior agreements, instruments, covenants, promises, warranties, representations and understandings between the Parties, whether explicit or implied, oral or written.

Your Account Details

By signing up to the Promotexter Service online, you are creating your own Promotexter Account and in so doing, and every time you access Promotexter’s Services, you hereby agree that these Terms of Service shall be legally binding, and neither Party will contest enforceability.

You may not use the Account details of another person or entity with the intent to impersonate that third party, nor infringe their third party rights.

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 an Application Programming Interface (“API”) for the purpose of sending Messages, subject to strict compliance with the terms specified in the Acceptable Use section herein, and subject to the following additional terms:

You agree that, if any third party has access to your software, you shall ensure the third party user accepts the same Message and Spam terms as specified herein;
You are solely responsible (and you agree that Promotexter has no responsibility to you or to any third party) for all activity via your Account.

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 are responsible for the Content that you disseminate and all Content that is transmitted through your Account. You, therefore, agree to the conduct described as follows:

To observe local Regulatory guidelines on Content and permitted sending window times, if applicable;
To clearly and accurately identify the true identity of the sender, e.g. your brand, using the Sender Name and/or within the content of the message.
To only use the service for legitimate business messaging purposes, including sending marketing, information and notification Content to Subscribers and two-way customer communication, and shall not use the Service for non-business related personal chat messaging;
That the Message Content you send will not be illegal, malicious, misleading or pornographic, or otherwise perceived as Adult in nature including Alcohol, Tobacco, Gambling, or Politics-related), and shall not promote hatred, discrimination, harrassment, violence or terrorism, infringe any third party intellectual property, copyright trademark or privacy, extract personally identifiable information or make false promises.
That You are strictly prohibited from sending Messages that intentionally impersonate a third party without prior permission from that third party, or misrepresent yourself in any way to the Subscriber.

Don’t send Spam. We operate a zero-tolerance Spam policy and your Account may be suspended pending investigation if we suspect you are sending Spam or unsolicited marketing messages. As such, you are not permitted to send Messages to acquired or purchased 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 your Messages, with instructions on how to do so. Promotexter provides an opt-out link feature to be used when sending marketing campaigns through the web portal.

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

Attempting to access, tamper with, or use any non-public areas of the Service or our computer systems, the Website and network;
Attempting to probe, scan, or test the vulnerability of our system or network or to breach security or authentication measures without Promotexter’s prior written authorization;
Attempting to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the service or the Website;
Interfering or attempting to interfere with the access of any user, host or network, including without limitation, sending a “virus”, “flooding”, “crashing” the Website or any other method in an effort to corrupt or deny service.

Confidential Information

We respect the confidentiality of the information we collect from you during your registration and use of the Service, including Personal and Non-Personal Information, the Content you transmit and the Subscriber Data (such as your customers’ names, mobile numbers and other data).

Promotexter shall maintain as confidential all information received directly or indirectly from you and undertake to use such information only for the purpose of providing the Service, and to take steps to ensure employees and third parties directly or indirectly engaged in the performance of the Services treat the information with the same degree of confidentiality. The obligation imposed by this section shall survive for three (3) years after termination of this Agreement.

All information and data is processed and retained in accordance with our Privacy Policy.

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. You must maintain a prepaid credit balance in order to send Messages. You may not be able to send a campaign if you have insufficient credit balance. You may add credit to your Account through bank transfer, PayPal, credit card or other online and offline payment methods that Promotexter provides. Your credit balance shall be credited upon receipt of cleared payments. For offline payments, or other payment-related matters, please send proof of payment to billing@promotexter.com. Unused credit is non-refundable unless Promotexter terminates Client’s access to the Service without cause or Client opts to terminate within seven (7) days of price change notice.

Payment charges. Payments via online payment methods may be subject to payment charges. These shall be paid by you and are clearly indicated before committing to payment.

Message Rates. Message rates applicable to your Account are clearly indicated in the Pricing page, accessible from the Settings menu of your web Account portal. You may also view the estimated cost of any campaign prior to sending.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. Promotexter shall endeavour to inform you prior to price changes. You acknowledge, however, that Message Rates may be subject to change without prior notice.

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

Billing. SMS and Email 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. Viber Messages are billed on a “delivered’ basis.

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

Single-part message: 160 GSM-7 characters;
Multi-part concatenated message: 153 characters per part;
Single-part Unicode messages: 70 characters;
Multi-part Unicode messages: 67 characters per part.
Extended GSM characters [ ] { } ^ | ~ \ € count as 2 characters.

GSM-7 characters are typically Latin Alphabet (e.g. ABC, abc, 123…)

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

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

Billing Disputes. For billing disputes You must contact billing@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 reserves the right to suspend your Account, your access to specific services within the Account including the sending of Messages or access to other billable services, at any time and without recourse to the courts, if:

Promotexter reasonably suspects you have, or any other user of your Account has, breached or acted inconsistently with these Terms;
Promotexter reasonably suspects your Account has been accessed or been used fraudulently by a third party;
Your Account has been inactive for at least twelve (12) months.

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, your use of the Services and this Agreement 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 shall immediately terminate and you will immediately cease any and all use of the Promotexter Services;

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.

Non-Reliance

Each Party acknowledges that in entering into this contract it does not rely on any statement, representation, or warranty other than those expressly set out in this contract.

You acknowledge that the Services are provided by Promotexter without any warranty or representation with regard to their suitability or fitness for purpose. Client is responsible for assessing the suitability of the Service for CLIENT’s intended use.

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.

Indemnification and Limited Liability

Promotexter including its officers, directors and employees, shall not be liable for any loss of profits, loss of business or goodwill, corruption or deletion 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, unless due to the fraudulent actions of Promotexter.

Promotexter shall not be liable to Client for any interruption of the Service, any failure in its Service, any error in transmission or delivery of Messages attributable to third party systems or networks.

Client shall be liable for all consequences, costs and/or penalties, arising out of your use 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 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.

Notwithstanding any other provisions to the contrary in this Agreement, including any existing or future supplementary agreements, annexes or legal instruments unless explicitly stated otherwise, Promotexter’s aggregate liability for any claim or series of claims under this Agreement shall not exceed in aggregate the average one (1) month’s value of Services used and paid for by you for the term of this Agreement (“Limited Liability”), provided that such Limited Liability shall not apply to the fraudulent acts of Promotexter.

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, and other similar or analogous circumstances.

Assignment

You may assign these Terms or any rights or obligations contained in them, provided the assignee assumes all of the assignor’s obligations and accrued liabilities if any, and only with the prior written consent of Promotexter.

Promotexter may assign this Agreement or any of its rights and obligations under this Agreement, effective upon notice to You, to any subsidiary or affiliate, or in connection with any sale, transfer, or other disposition of all or substantially all of its business or assets, provided the assignee assumes all of the assignor’s obligations and accrued liabilities if any.

Governing Law

The laws of Hong Kong shall govern these Terms of Service, and its courts shall have exclusive jurisdiction to hear any disputes arising hereto, except for Clients in the Philippines, where the laws of the Philippines shall govern these Terms of Service and the courts of Taguig City 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

One Party’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 make reasonable efforts to notify you of such changes, which may include posting an announcement on the website or upon log-in, or via email.. 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.