When we refer to “you” or “your”, we refer to general users of the site, licensors whose products are listed for sale on the site, and purchasers of such products, or all of the above, depending on the context.
6. Access to the Platform
a. Account Registration. To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete.
b. Account Security. You acknowledge that your account is personal to you and agree not to provide any other person with access to this Platform or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.
c. Changes to Platform. We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users.
e. Minimum Age. The Platform is intended solely for persons who are 18 years of age or older. Any access to or use of the Platform by anyone under 18 years of age is expressly prohibited. By accessing or using the Platform, you represent and warrant that you are 18 years old or older. We are super Sumo serious about this provision. No kids please.
7. Use of the Platform
b. Prohibited Uses. You are expressly prohibited from:
i. Using the Platform for any commercial or competitive purpose whatsoever without the express prior written permission of ShortySMS.
ii. Collecting personally identifiable information about others, including e-mail addresses.
iii. Using the Platform to generate unsolicited email advertisements or spam
iv. Using any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without our prior written consent.
v. Using any robot, spider or other automatic device, process or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform.
vi. Introducing any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
vii. Taking any action that in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
viii. Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by us, may harm ShortySMS or users of the Platform or expose them to liability.
ix. Otherwise attempt to interfere with the proper working of the Platform.
x. Reproducing, distributing, creating derivative works from, publicly displaying, publicly performing, licensing, selling, trading, or re-selling any content, software, products or services obtained through the Platform without the express permission of ShortySMS.
xi. Using the Platform for cold outreach or other non-marketing messages. When sending SMS and/or MMS to contacts inside the Platform, the user acknowledges that contacts have agreed to receive marketing SMS and/or MMS from the user.
xii. Using the Platform in violation of any forbidden categories. The forbidden categories include high-risk financial services (e.g., payday loans, short term high-interest loans, third-party auto loans, third-party mortgage loans, student loans, cryptocurrency), third-party lead generation services, debt collection or forgiveness, “get rich quick” schemes, illegal substances, gambling, and “S.H.A.F.T’ use cases (e.g., sex, hate, alcohol, firearms, tobacco). More information on forbidden categories can be found on this page provided by Twilio: https://support.twilio.com/hc/en-us/articles/360045004974-Forbidden-message-categories-for-SMS-and-MMS-in-the-US-and-Canada. The Platform uses Twilio to power backend infrastructure which enables sending of SMS and/or MMS.
d. Abuse of Platform. We do not allow any abuse of our Platform. We may, at any time, measure the results of all SMS sent using our Service and, if an email performs below what we deem is acceptable on our Platform, terminate or suspend access to our Service immediately with no refund. This is meant to prevent affiliate marketers, spammers, bots, and other types of poor senders from abusing our Platform and affecting email deliverability for other account holders on our Service.
e. Excessive use of Platform. In rare cases, we may terminate, suspend, or refund Service if we deem excessive use of the Platform. The decision on whether to terminate, suspend, or refund will be made at the sole discretion of the Company. This may include high volume SMS sending or other excessive uses of the Platform as deemed by the Company. We will notify you over e-mail if we plan to terminate, suspend, or refund your Service.
8. User Submitted Content
The Platform may provide you the opportunity to post reviews, advice, comments, ratings, discussions and other content (“User Content”). You agree not to post any User Content that is illegal, obscene, threatening, defamatory, invasive of privacy, or infringing of intellectual property rights. You further agree not to post any User Content that contains commercial solicitation. By posting User Content, you grant ShortySMS a non-exclusive, royalty-free, perpetual, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, publish, create derivative works, and display such User Content throughout the world in any media. ShortySMS reserves the right but not the obligation to review, edit, post, refuse to post, and remove User Content.
10. Copyright Infringement Notice
If you are a copyright owner or such owner’s agent and believe any material on our Platform constitutes an infringement on your copyright, please provide notification to the address listed below setting forth the following information: (a) a physical or electronic signature of the copyright owner or a person authorized to act on his behalf; (b) identification of the material that is claimed to be infringing; (c) your contact information, including your address, telephone number, and an email; (d) a statement by you that you have a good faith belief that use of the material is not authorized by the copyright owners; and (e) the a statement that the information in the notification is accurate, and, under penalty of perjury you are authorized to act on behalf of the owner.
Contact information for ShortySMS’s Copyright Agent for notice of claims of copyright infringement is as follows:
Noah Kagan 1345 E. 6th Street Suite 125 Austin, TX 78702 firstname.lastname@example.org
11. Intellectual Property
12. Disclaimer of Warranties
AS PERMITTED BY APPLICABLE LAW, YOU EXPRESSLY AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT AND ANY SERVICES OR PRODUCTS OBTAINED THROUGH THE PLATFORM ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER APPSUMO NOR ITS VENDORS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS NOR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS MAKES ANY WARRANTY OR REPRESENTATION AS TO THE OPERATION OF THE PLATFORM OR THE CONTENT, ANY INFORMATION CONTAINED ON THE PLATFORM OR THE PRODUCTS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
13. Limitation of Liability
14. Indemnification and Release
ShortySMS is not responsible for interactions between Merchants and Customers. To the extent permitted under applicable laws, Customer hereby releases ShortySMS from: (i) any and all claims or liability related to any Product, regardless of whether such Product is available through the Platform, (ii) any action or inaction by a Merchant, including, without limitation, any harm caused to Customer by action or inaction of a Merchant, or (iii) a Merchant’s or any third-party’s failure to comply with applicable law and/or failure to abide by the terms of a Product wherever purchased or obtained by Customer from the Merchant or any other third-party.
15. Force Majeure
17. Entire Agreement
18. Governing Law and Jurisdiction
20. Additional Disclosures
You are contracting with Sumo Group, Inc. Correspondence should be directed to:
Sumo Group, Inc., 1345 E. 6th Street Suite 125 Austin, TX 78702 Attn: Legal Department