TEXTCELL

Legal Information

TEXTCELL ("Textcell," which term shall, unless it be repugnant to the context or meaning thereof, be deemed to mean and include all its affiliates, subsidiaries, successors and permitted assigns) and any Person who is a user/browser/accessed to the Site, (User), whether or not registered, of any of the services offered on this website, are bound by these Terms of Service (ToS) (Site). Any individual, corporation, partnership, limited liability company, trust, joint stock company, business, limited liability partnership, trust, unincorporated association, Hindu undivided family, joint venture, organisation similar to the foregoing, governmental authority, or other entity of any kind is included under the definition of "Person" in this document.

These Terms of Service must be read in connection with any revisions, additional agreements, privacy policies, or other terms that may from time to time apply to the services offered via this product (together, the Service Agreements).

I.REGISTRATION

• The User, upon registration and a hit crowning glory of the registration formalities/payments (Registration) might also additionally avail using the paid offerings at the Site, consisting of using APIs and the platform (collectively, known as the Services). Registration implies attractiveness of the phrases of the ToS, extra phrases and Privacy Policy as can be in pressure from time to time, consisting of the phrases of charge as can be relevant on the applicable time or at any time thereafter.
• The User hereby pronounces and has the same opinion that (i) all facts (which includes private facts) supplied via way of means of the User for the duration of Registration is actual, actual and correct and that the User shall make sure that every one such facts is current, whole, and actual in any respect times; (ii) the User shall keep and replace the User’s registration facts, so that you can maintain such facts current, whole and actual (iii) the User represents that he/she is of felony age (if the User is an individual) and has the needful felony status to shape a binding agreement with Textcell and isn't someone barred from receiving Services beneathneath the legal guidelines of India or different relevant jurisdiction.
• All private facts supplied through the User with the intention to accomplish Registration will be handled according with the Privacy Policy as can be relevant from time to time.
• Upon Registration, the User might be furnished a personal account (User Account) and a username and password for such User Account. The User will be completely chargeable for the use and sports carried out via such User Account. The User recognizes that, so that it will adjust get entry to to the Service, his/her authentication relies upon at the verification of the ideal username and password. The User recognizes and accepts that the User is purely chargeable for safeguarding the confidentiality of his/her User Account information (together with password(s) and consumer call(s)) and for any use or misuse of his/her User Account and/or the Site because of any 0.33 celebration the usage of a password or consumer call issued to such User. The User has the same opinion to inform Textcell right now of any regarded or suspected unauthorized get entry to to or use of the User’s Account, or every other breach of protection or misuse of the Site regarded to or suspected through the User and that Textcell isn't chargeable for fraud of any man or woman or of different Users of the User’s Account.
• The User accepts and recognizes that utilization of Credits, if any, granted freed from fee with the aid of using Textcell to the User on the time of Registration or at another time shall additionally be problem to the all of the phrases and situations of the ToS and different Service Agreements.

II. USAGE

A. General Conditions of Service

1. General Terms

• The User, upon registration and a hit crowning glory of the registration formalities/payments (Registration) might also additionally avail using the paid offerings at the Site, consisting of using APIs and the platform (collectively, known as the Services). Registration implies attractiveness of the phrases of the ToS, extra phrases and Privacy Policy as can be in pressure from time to time, consisting of the phrases of charge as can be relevant on the applicable time or at any time thereafter.
• The User hereby pronounces and has the same opinion that (i) all facts (which includes private facts) supplied via way of means of the User for the duration of Registration is actual, actual and correct and that the User shall make sure that every one such facts is current, whole, and actual in any respect times; (ii) the User shall keep and replace the User’s registration facts, so that you can maintain such facts current, whole and actual (iii) the User represents that he/she is of felony age (if the User is an individual) and has the needful felony status to shape a binding agreement with Textcell and isn't someone barred from receiving Services beneathneath the legal guidelines of India or different relevant jurisdiction.
• All private facts supplied through the User with the intention to accomplish Registration will be handled according with the Privacy Policy as can be relevant from time to time.
• Upon Registration, the User might be furnished a personal account (User Account) and a username and password for such User Account. The User will be completely chargeable for the use and sports carried out via such User Account. The User recognizes that, so that it will adjust get entry to to the Service, his/her authentication relies upon at the verification of the ideal username and password. The User recognizes and accepts that the User is purely chargeable for safeguarding the confidentiality of his/her User Account information (together with password(s) and consumer call(s)) and for any use or misuse of his/her User Account and/or the Site because of any 0.33 celebration the usage of a password or consumer call issued to such User. The User has the same opinion to inform Textcell right now of any regarded or suspected unauthorized get entry to to or use of the User’s Account, or every other breach of protection or misuse of the Site regarded to or suspected through the User and that Textcell isn't chargeable for fraud of any man or woman or of different Users of the User’s Account.
• The User accepts and recognizes that utilization of Credits, if any, granted freed from fee with the aid of using Textcell to the User on the time of Registration or at another time shall additionally be problem to the all of the phrases and situations of the ToS and different Service Agreements.
• The User recognizes and consents that his/her get admission to to and use of the Site, and any and/or all the Services of, is on the User’s very own risk. The User recognizes that the Service is depending on telecommunications agencies and cellular community providers (Operators) and Textcell makes no ensures of any type concerning the dependability, accuracy, security, timeliness or availability of the Site community, or Services. Without restricting the foregoing, Textcell does now no longer make any representations or warranties approximately the condition, suitability, reliability, availability, completeness, security, timeliness, or accuracy of the information, Software, Services and substances contained at the Site for any purpose. All such information, Software, Services and substances are provided “as is” with out assurance of any type. Textcell hereby disclaims all representations, warranties and situations, explicit or implied, in regards to this information, Software, Services or substances, which includes all implied warranties and situations of merchantability, health for a selected purpose, identify and non-infringement.
• The User recognizes and concurs that it will be completely answerable for making sure all compliances with the Telecom Regulatory Authority of India’s (TRAI) Telecom Commercial Communications Customer Preference Regulations, 2018 (TRAI Regulations) and any and all different regulations, statutes, orders, selections or regulation in pressure now and again which can be relevant to the usage of any of the Services (Law). The User recognizes and concurs that it will be completely liable, immediately or indirectly, for all harm or loss prompted or supposed to be prompted to Textcell, via way of means of or in reference to any misuse of the Services furnished via way of means of the Company with appreciate to pushing any unsolicited industrial communications to subscribers and for any and all different violations of the provisions of the TRAI Regulations or Law.
• The User hereby is of the same opinion to defend, indemnify and maintain innocent and is of the same opinion to keep to preserve indemnified Textcell, its affiliates, directors, officers, personnel etc. with none demur or protest, towards any/all losses, damages, actions, lawsuits such as however now no longer constrained to felony costs with appreciate to violation of those ToS, or any 0.33-celebration’s rights, (such as, with out limitation, infringement of any copyright, violation of any proprietary proper and invasion of any privateness rights) and additionally in appreciate to any motion taken with the aid of using any regulatory frame or the Operator or any 0.33 celebration with appreciate to the misuse of the Services availed from the Company such as however now no longer constrained to, for the breach of any of the provisions of the TRAI Regulations or breach of Law or for another motive whatsoever. The User recognizes and is of the same opinion that those responsibilities can be binding at the User at some stage in the complete time period of the usage of any and/or all the Services and shall live on any termination of the User’s courting with Textcell or use of the Site.
• The User recognizes that Textcell does now no longer count on any implicit or express duty for the Content saved and/or posted through the User thru the Site. The User in addition accepts and has the same opinion that each one declarations and evaluations expressed through the User are the only declarations and evaluations of such User and do now no longer always constitute Textcell's evaluations. Any character who believes that any Content saved and/or posted at the Site or dispensed thru the Site through any User infringes any law, is kindly asked to touch Textcell at the subsequent e mail deal with support@textcell.io.
• The User recognizes and has the same opinion that every one software program applied in reference to the Services (Software) is owned with the aid of using TEXTCELL and is included with the aid of using the relevant Intellectual Property Laws of India and legal guidelines of every other jurisdiction wherein such Software is used as can be in pressure from time to time. The User has the same opinion that it shall now no longer, immediately or indirectly, replica, modify, create spinoff works, and in any manner try and find out the supply codes of the Software, promote license or switch to the 0.33 events any proper at the Software. Further the User shall now no longer have any rights over the Software in any manner. The User shall now no longer modify, replica, distribute, transmit, display, perform, reproduce, publish, license, create spinoff works from, switch, or promote any information, Software, offerings or advantages received from the Site, besides as expressly furnished herein. The User similarly has the same opinion that the User shall now no longer reproduce or redistribute any Software and that the User shall now no longer replica or reproduce the Software to every other server or region for similarly replica or redistribution. The User has the same opinion that it shall now no longer decompile, disassemble, opposite engineer or in any other case try to find out any change mystery contained withinside the Site or in any product, Service or Software furnished thru the Site.
• Only the User has the right to use any Service. In cases where the User is a Company, this right shall extend to its employees, provided that any violations of the ToS or any Service Agreement by such Company's employees shall be deemed to be violations by the Company, in which case the Company shall be held liable to Textcell for all such violations.
• The User is of the same opinion that the User shall now no longer use a call in reference to the use of any of the Services this is puzzling or misleading, or in any other case impersonate or lie to all of us with admire to its identity. The User similarly is of the same opinion that the User shall now no longer limition or inhibit some other User from the use of and taking part in such different User’s rights withinside the Site or in admire to any Service and ought to now no longer intrude with or disrupt the Site or servers or any community linked to the Site.
• The User agrees and accepts that the User shall not use any of the Services through or in connection with the Site to:
  
  
  • Except as specifically authorised by Textcell, the User shall not, without Textcell's prior written consent, rent, lease, licence, issue a security interest in, or otherwise transfer the User's rights hereunder;
  • defame, libel, slander, impersonate, abuse, harass, threaten, invade the privateness of or in any other case violate or infringe the prison rights (such as the rights of privateness and publicity) of another person;
  • publish, post, distribute, disseminate, put it on the market or hyperlink to any content, site, topic, name, cloth or facts that's illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which includes nudity or person content;
  • sell, provide to sell, distribute, promote, facilitate, disseminate or hyperlink to any webweb sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; unlawful playing (which include playing in reference to carrying events); meals that isn't always packaged or does now no longer follow all relevant legal guidelines on the market to clients with the aid of using business merchants; illicit drugs, prescribed drugs and managed substances; counterfeit, pirated or stolen items; any items or offerings that infringe or in any other case violate a 3rd party’s rights which include copyright, patent, trademark, or rights of exposure or privacy; items which can be taken into consideration indecent, obscene or pornographic; registered or unregistered securities; items or offerings that the User can not legally sell; items which might be misrepresented or which do now no longer in truth exist; fraudulent items; items, offerings or sports that if bought through any of the Services web page could motive Textcell to violate any law, statute or regulation; or every other unlawful activity;
  • harm minors in anyway;
  • software program, content material or different fabric covered via way of means of highbrow assets laws, copyright licenses, rights of privateness or publicity, or different proprietary rights, until the User owns, or controls such rights or has acquired all important has the same opinion for the publication, distribution, or linking of such software program and different materials;
  • conduct, sell or ahead unlawful contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, unauthorized promotional materials, unsolicited e-mail ( including “spamming”) or multi-stage or unlawful advertising and marketing campaigns;
  • harvest or in any other case gather facts approximately third parties, such as electronic mail addresses, without the explicit consent of such third parties;
  • violate any applicable government laws or regulations.
  • software, content, or other materials that are "hate speech," whether they are aimed at an individual or a group and whether they do so on the basis of that person or group's race, sex, creed, national origin, religious affiliation, sexual orientation, or language;
  • software, content material or different fabric that includes viruses, worms, corrupted files, cracks or which could or are supposed to harm the operation of or render inoperable another’s computer, hardware, software, security features or machine or different applications written to defeat the safety measures of any computer, machine or applications which include any hardware or Software of Textcell;
• The User has the same opinion that the Services are furnished with the aid of using Textcell with none implicit or express assurance and no advise, suggestion, help, written or verbally, furnished with the aid of using Textcell to the User, shall mean any assurance from Textcell. Textcell can not be held accountable of any damage coming from the incapability to get admission to or use any of the Services, or for the lack of any Content of the User or for every other loss suffered with the aid of using the User due to the usage of the Services. The User has the same opinion and recognizes that it will be the only obligation of the User to maintain a duplicate of the Content. Textcell declines any obligation by any means for any damage coming from the incapability to get admission to the Services, viruses, broken files, errors, interruption of any of the Service, community problems, non-legal get admission to, change of data, merchantability and health for a selected reason or for every other declare by any means of a comparable nature. Textcell reserves the proper to regulate any and/or all of the Services at any time, even with out note to the User.
• The User accepts and recognizes that Textcell can also additionally extrade any of the Services at any time and now and again with out notice, together with terminating the providing of any Service altogether. The User has the same opinion that the User can also additionally at any time be barred from getting access to any of the Services or from the usage of the Site or from receiving any offerings or advantages from the Site, if Textcell determines the User to have violated the ToS or another Service Agreements, if any illustration or guarantee made through the User is unfaithful the least bit or if Textcell gets a courtroom docket order or different prison motion regarding the User Account. In addition the User has the same opinion that, if the User violates any of those ToS or any relevant Service Agreement the User shall forfeit all Credits gathered to the User in reference to the Site and there might be no refund of any charges pay as you go through the User to Textcell.
• The User recognizes and consents that links (if any) inside the Site may also allow the User go away the Site and that the connected webweb sites aren't beneathneath the manage of Textcell and that Textcell isn't always chargeable for the contents or operation of such connected webweb sites or any hyperlink contained in such connected site, any modifications or updates to such webweb sites, or Web casting or another shape of transmission acquired from any connected site.
• The User recognizes and accepts that Textcell shall now no longer in any occasion be accountable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages by any means including, with out limitation: damages for lack of use, data, accounts, sales or profits, bobbing up out of or in any manner related with the use or overall performance of the Site or any of the Services, or with the postpone or incapacity to apply the Site or any Service and associated portraits received thru the Site; or in any other case bobbing up out of the usage of the Site, whether or not primarily based totally on contract, tort, negligence, strict legal responsibility or in any other case, even supposing Textcell or any of its providers has been recommended of the opportunity of damages. The User recognizes that if the User is disappointed with any part of the Site, or with any of the ToS or some other Service Agreement, the User’s sole and exceptional treatment is to stop the use of the Site and its associated Services. It is clarified that withinside the occasion of such discontinuation, the User shall now no longer be entitled to get hold of any refund of monies paid through such User to Textcell or make some other claims by any means towards Textcell.
• The User affirms and declares that they are using the Services for their own benefit and not as an agent or middleman for another party.
• Textcell reserves the proper to droop the offerings every time without or with note in case of any order/path via way of means of a Statutory Body (State or Central) or Judiciary.
• You consent to receiving email or SMS messages from Textcell that are promotional, transactional, or commercial in nature.

2. Content

• The User will be accountable for all Content uploaded, displayed, transmitted or in any other case used in this Site or posted and/or allotted thru this Site via way of means of such User and Textcell shall haven't any obligation or legal responsibility by any means in admire of such Content. Textcell reserves the proper, however isn't always obligated, to display or to study the Content of the User and to display User’s compliance with the ToS. Textcell reserves the proper in its sole discretion to edit, refuse to publish or get rid of any Content which, withinside the opinion of Textcell violates the ToS or that Textcell for some other purpose can also additionally deem undeserving or flawed for use at the Site, at any time with out word to the User.
• All Content uploaded or in any other case used in this web website online have to comply with the content material rules, if any, supplied via way of means of Textcell from time to time.
• The User recognizes that Textcell does now no longer promote the Content, however as an alternative offers a Service to switch the Content furnished with the aid of using the User from the internet to cellular and different devices. Textcell does now no longer perform any control, monitor, validation or verification over the Content of the User, and consequently can not be held liable for the form of Content which may be located on its platform or transmitted thru the platform. However, Textcell shall now no longer be accountable or accountable in any way by any means for the authenticity, ownership, accuracy or for every other declare by any means in admire of such Content.
• The User represents and warrants that every one Content uploaded or distributed/transmitted via the Site with the aid of using it's miles owned with the aid of using such User, or that such User is in any other case properly entitled to display, sell, marketplace or in any other case use such Content. Textcell shall now no longer be dependable or accountable in any way in any way in admire of any dispute as to the possession of such Content or in admire of another dispute, claim, etc. of any nature in any way in admire of such Content. The User in addition has the same opinion to indemnify and hold to preserve indemnified Textcell in opposition to any claims of any nature in any way in admire of the possession and use of all such Content.

3. Payment Terms

• The advertisements listed here may change or be modified from time to time depending on the new advertisements provided by the network operator(s) and/or statutory body. Such modifications must be announced either on the Textcell website's home page or via the registered email address with the company.
• Textcell shall now no longer below any circumstances, be at risk of refund or in any other case go back any cash paid with the aid of using a User to be used of the Services, whether or not with the aid of using manner of buy of Credits or in any other case, besides as specially furnished in those ToS.
• The User shall pay Consideration for all Services using a credit card, net banking, or offline methods such as checks or demand draughts. In exchange, Credits will be granted, which may be used to pay for Services in accordance with the Credits' terms and conditions. For the usage of any Services, the User shall pay Consideration in advance.
• The User concurs that Textcell reserves the proper to fee the User to be used of any Services on the charge and withinside the way as can be determined through Textcell from time to time (Consideration). The User recognizes and concurs that Textcell shall haven't any duty to justify the quantity of Consideration charged for any Service or be accountable or dependable in any way in any respect to the User in appreciate of such Consideration.

4. Credits

• Textcell reserves the right, in its sole discretion, to reject and/or revoke the sale of Credits to any User.
• Any Credit as soon as offered can not be refunded, encashed or in any other case redeemed with the aid of using the User besides for the usage of Services until mainly said in any other case in those ToS. If the User opts to shut his User Account all Credits gathered in such User Account will at once thereafter expire and end to be valid. If the User Account is closed with the aid of using Textcell according with the rights granted to Textcell below the ToS or any of the Service Agreements, all Credits gathered withinside the User Account of such User shall stand forfeited at once. Textcell shall now no longer below any instances incur any financial or different legal responsibility to the User or every other man or woman in appreciate of Credits expiration/forfeited because of closure of the User Account.
• Textcell reserves the proper to confiscate any Credits of a User according with the provisions of this Agreement (Confiscated Credits). All Confiscated Credits shall stand forfeited right now and the User shall now no longer have any similarly financial or different declare or proper and Textcell shall haven't any legal responsibility by any means in appreciate of such Confiscated Credits. Textcell additionally reserves the proper to amend the quantity of Credits primarily based totally at the modification withinside the fee of every Credit because of alternate in advertisements via way of means of Operator/Statutory Body without or with intimation to the User.
• Unicode permits the help of a miles wider man or woman set, and consists of maximum man or woman units withinside the world, the same old duration of a Unicode message is sixty three characters (as compared to one hundred sixty for GSM). Long messages are supported for Unicode messages as well, and they may be in multiples of sixty three (as compared to 153 for GSM).
• Textcell reserves the proper to withhold the Credits of any User, and/or to now no longer allow such User to apply such Credits for such time frame as Textcell might also additionally in its sole discretion deem fit, in case if Textcell observes that the User is misusing the Services (which incorporates however now no longer limits to spamming, phishing etc). User shall now no longer use the offerings for any illegal activity (which include however now no longer restrained to fraudulent transactions, fraudulent communications, phishing, conversation to an character or a set of people with an aim to dedicate any fraud or mislead them).
• Credits cannot be moved from one User Account to another User Account of the same User or between Users.
• Textcell has the proper to adjust or range any of the above provisions and extrade its rules in recognize of Credits withinside the way that Textcell may, in its sole discretion deem fit, with out earlier observe to the User and Textcell shall now no longer be in charge in any way in any respect to the User withinside the occasion of such alteration or version of phrases. The User is counseled to study the phrases of use of Credits periodically that allows you to continue to be knowledgeable of changes, if any, in Textcell’s rules on this regard.
• “Credit” approach one (1) widespread quick message (SMS) of one hundred sixty characters which will be contemplated withinside the User Account of the applicable User, and “Credits” will be construed accordingly. A widespread textual content message is one hundred sixty characters long (SMS despatched the use of the GSM 3.38 Character set). Users can ship longer SMS of upto 918 characters which might be break up into smaller SMS and later joined on the receiving stop that's a mobile. In this scenario, SMS period is calculated for 153 characters as 7 characters are used to concatenate the message while it's miles added to the handset.

5. Governing Law and Jurisdiction

• The User and Textcell agree that those ToS will be ruled via way of means of the legal guidelines of India. The User and Textcell agree that every one disputes which can get up from or in reference to the ToS will be problem to the jurisdiction of the Courts of Hyderabad, Telangana, India.

6. Miscellaneous

• The User concurs that if any provision of those ToS will be held to be illegal, invalid or unenforceable, in entire or in element, below any enactment or relevant Law, such provision or element thereof shall to that volume be deemed now no longer to shape part of those ToS, and the legality and enforceability of the the rest of those ToS shall now no longer be affected. These ToS represent the complete settlement among the User and Textcell in regards to apply of the Services and all different written or oral agreements or understandings formerly present among the User and Textcell with admire to such use are hereby outdated and/or cancelled. Textcell’s failure, if any, to insist on or implement strict overall performance of those ToS shall now no longer be construed as a waiver with the aid of using Textcell of any provision or any proper or destiny proper it has to implement those ToS, nor shall any route of behavior among Textcell and User or every other birthday birthday celebration be deemed to regulate any provision of those ToS. These ToS shall now no longer be interpreted or construed to confer any rights or treatments on any third parties.
• The User has the same opinion now no longer to symbolize himself/ herself to be a representative, agent, or worker of Textcell and that Textcell will now no longer be responsible with the aid of using purpose of any representation, act or omission to behave with the aid of using such User. The User has the same opinion that no joint venture, partnership, employment, or business enterprise dating exists among the User and Textcell due to those ToS or use of the Site.
• Nothing in these Terms of Service shall be construed as limiting Textcell's right to comply with governmental, court, and law enforcement requests or requirements with respect to your use of the Site or any information provided to or gathered by Textcell with respect to such use. The User acknowledges and accepts that Textcell's performance of this agreement is subject to existing laws and legal process.
• Textcell will use its best efforts to provide the services; however, because inter-operator dependencies may result in delays, Textcell disclaims any liability.
• Use of Service Numbers
  • (A). The User recognizes that Textcell does now no longer assure the ongoing use of any Service Number and that use of such Service Number can be discontinued at any time with out be aware to the User. If the Service Number of any User is discontinued Textcell shall make all affordable efforts to offer such User with an change Service Number for the continuation of the Services (Alternate Service Number).
  • (B). The User has the same opinion that if Textcell is not able to offer an Alternate Service Number because of any motive in any way, Textcell shall have the proper to refund the proportionate quantity of Credits paid via way of means of the User for using the Service Number and such refund of Credits via way of means of Textcell shall completely and in the end settle all liabilities and claims in any way of the User on this regard. The User similarly has the same opinion that the legal responsibility of Textcell withinside the occasion that Textcell does now no longer offer an Alternate Service Number to the User shall now no longer beneathneath any instances be in extra of the proportionate quantity of Credits paid via way of means of the User in admire of the specific Service Number.
• (e)Promotional Campaigns
• A user of any promotional campaign services (Promotional Campaign) agrees to be bound by the following terms and conditions in addition to the general terms of service:
  • A list of recipients (each a recipient and all together the Recipients) for a promotional campaign must be provided by the User to Textcell. Textcell will then, in accordance with the terms and conditions, push the appropriate promotional messages to the Operator's gateway for the Recipients to receive.
  • The User is of the same opinion that Textcell shall simplest make certain that the Promotional Messages are driven to the gateway of the Operator thru whom such Promotional Messages are transmitted to the Recipients and that Textcell shall now no longer be required to take any in addition motion and shall now no longer undergo any in addition duty in recognize of such Promotional Messages. Textcell does now no longer assure the receipt of the Promotional Message via way of means of the Recipients and shall now no longer be responsible in any way in any way for the failure of shipping of the Promotional Messages to any and/or all of the Recipients.
  • The User represents and warrants that every one the Recipients indexed withinside the listing of Recipients furnished to Textcell have consented to get hold of the applicable Promotional Messages and that pushing of the Promotional Messages to such Recipients shall now no longer represent a contravention or breach of Applicable Law which include the TRAI Regulations . In the occasion that it's miles observed that any of such Recipients has now no longer consented to the Receipt of such Content/ Promotional Message or has objected to the receipt of such Content/Promotional Message for any motive in any respect, all duty and legal responsibility on this regard shall relaxation totally at the User and Textcell shall now no longer be accountable or responsible in any way in any respect on this regard. The User concurs to indemnify and preserve to preserve indemnified Textcell from any loss, harm or declare in any respect in recognize of the sending of any Promotional Message or use of some other Service to a Recipient who has now no longer consented to the receipt of such Promotional Message or different Service.
  • The User has the same opinion that Textcell reserves the proper, however isn't always obliged, to clear out out all Promotional Messages and additionally reserves the proper to now no longer push any and/or all Promotional Message to any and/or all Recipients for any purpose as Textcell may, in its sole discretion, deem fit. The User in addition has the same opinion that Textcell shall now no longer be vulnerable to the User or every other birthday birthday celebration in any way in any way in recognize of such selections taken with the aid of using Textcell to now no longer push any and/or all of the Promotional Messages to any and/or all of the Recipients and Textcell shall additionally now no longer be accountable in any way in any way withinside the occasion that it does not filter such Promotional Messages.
  • The User consents that the applicable Promotional Messages will be driven to the gateway of the Operator in the precise term pre-agreed to among the User and Textcell.
  • The User recognizes and has the same opinion that it will be entirely accountable for making sure all compliances with the TRAI Regulations. The User recognizes and has the same opinion that it will be entirely liable, immediately or indirectly, for all harm or loss prompted or purported to be prompted to Textcell, with the aid of using or in reference to any misuse of the Services supplied with the aid of using the Company with appreciate to pushing any business communications to subscribers and for any and all different violations of the provisions of the TRAI Regulations.
  • The User hereby consents to defend, indemnify and maintain innocent and consents to preserve to preserve indemnified Textcell, its affiliates, directors, officers, personnel etc. with none demur or protest, towards any/all losses, damages, actions, court cases along with however now no longer confined to prison prices with recognize to any motion taken via way of means of any Statutory Body or the Operator with recognize to the misuse of the Services availed from the Company along with however now no longer confined to, for the breach of any of the provisions of the TRAI Regulations all through the complete length of the Promotional Campaign and for all intervals after the expiry or termination of the applicable Promotional Campaign.
  • The User concurs that if the User is desirous of terminating any Promotional Campaign it shall offer a request in writing to Textcell for such termination of the applicable Promotional Campaign (PC Termination Request) and Textcell shall next to receipt of such PC Termination Request make all affordable efforts to terminate the applicable Promotional Campaign on the earliest. The User similarly concurs that regardless of making such PC Termination Request, the User shall stay at risk of make bills of all quantities because of Textcell for Services supplied among the time of receipt of PC Termination Request with the aid of using Textcell and the real termination of the applicable Promotional Campaign. If, because of any purpose whatsoever, Textcell is not able to terminate any Promotional Campaign, the User concurs that it will be at risk of make all bills to Textcell in recognize of such Promotional Campaign as though no PC Termination Request have been made with the aid of using the User. Nothing contained above shall purpose or mean any legal responsibility of Textcell to the User and the User concurs that it shall indemnify and hold to maintain indemnified Textcell withinside the way prescribed withinside the ToS.
• Fair Use: The user may not use Email2SMS to send more than 100 SMS per day. For users of dedicated channels, there is no cap.
• For affiliates and partners with two brands
  In no case may Textcell's total liability for causes directly attributable to it or your exclusive remedy for any claim or disagreement relating to the Affiliate Program or the Dual Brand Program exceed the appropriate Commission due to you.

B. APIs

• Any user of API services is subject to the following terms and conditions in addition to the general terms and conditions of service:
  • The User recognizes and undertakes that the User shall now no longer have rights over any API supplied via way of means of Textcell for the User to beautify the alternatives for usage of Services and such API shall belong to Textcell. Textcell has disclosed the API most effective for the cause for usage of Services via way of means of the User. The User undertakes and concurs that it shall now no longer, besides with the previous written consent of Textcell: (i) permit or in any way facilitate or allow the usage of any APIs via way of means of any individual aside from the User; (ii) develop/create/construct any services or products the usage of one or extra of the APIs for use besides via way of means of the User; (ii) redistribute or reuse any APIs or distribute or promote any services or products advanced the usage of any APIs. The User recognizes and accepts that if it desires to adopt any of the movements stipulated in (i), (ii) or (iii) above, the identical could be challenge to the previous written consent of Textcell and challenge to particular extra phrases and situations stipulated via way of means of Textcell, in its sole discretion, on this regard.
  • The User hereby consents to defend, indemnify and preserve innocent and consents to hold to hold indemnified Textcell, its affiliates, directors, officers, personnel etc. with none demur or protest, towards any/all losses, damages, actions, complaints consisting of however now no longer restricted to criminal fees with appreciate to any movement taken with the aid of using any Statutory Body or the Operator with appreciate to the misuse of the API consisting of however now no longer restricted to, for the breach of any of the provisions of the TRAI Regulations or some other Law in the mean time in force.
  • The User understands and accepts that it shall be fully responsible, directly or indirectly, for any harm or loss caused or alleged to have been caused to Textcell by or in connection with any abuse of the API or due to usage of any API in a manner inconsistent with the conditions set forth herein.