This Agreement (the "Agreement") is between you (an entity or person) and txtconnect, to govern your terminable right to use the txtconnect.co website and related services ("Site"); the servers the Site is stored on; and the computer files stored on the server (collectively referred to as the "Service"). By clicking on the "Accept" button, or otherwise using the Service, you have agreed to be bound by the terms and conditions of this Agreement.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK “ACCEPT,” AND YOU CANNOT USE THE SERVICE. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTOOD IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

The Agreement may be amended from time-to-time, and all amended terms automatically take effect on the sooner of the day you use the Service or 10 days after they are initially posted on the Site. Your use of the Site following the effective date of any modifications to this agreement will constitute your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice. The Site and service provided by the Site is available only to individuals who are not less than 13 years old.

The Agreement may be amended from time-to-time, and all amended terms automatically take effect on the sooner of the day you use the Service or 10 days after they are initially posted on the Site. Your use of the Site following the effective date of any modifications to this agreement will constitute your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice. The Site and service provided by the Site is available only to individuals who are not less than 13 years old.

Services Offered by txtconnect

txtconnect provides users with the ability to send and receive text messages to individuals and groups. When text messages are sent to groups of greater than 500 people, they are sent using txtconnect’s 4-digit short code – 1916. These services can be accessed via the internet or a mobile device, and will work in the 10 regions of Ghana (cumulatively referred to as the “Service Area”).

The txtconnect Services are not a replacement for any phone lines, whether wired, wireless, or internet based. In fact, you must have a valid cellular or other phone service to use the txtconnect Service. Because the txtconnect Service relies on your third-party service any limitations in that service will also limit the manner in which you can use the txtconnect Service.

Limited License

txtconnect grants you a limited, revocable, non-exclusive, and non-transferable license to use the Software to access Services for your own individual, enterprise, and for limited commercial use subject to the other terms and conditions of this Agreement. You agree not to resell the Software. You shall not modify, reverse engineer, decompile or disassemble the Software. You shall not copy, adapt, alter, modify, translate, or create derivative works of the Software without written authorization of txtconnect. You shall not use the Software for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another’s privacy, abusive, threatening, obscene, or that infringes the rights or intellectual property of others. You shall not permit other individuals to use the Software, including but not limited to shared use via a network connection, except under the terms of this Agreement. You shall not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Software. You shall not circumvent or disable any technological features or measures in the Software for protection of intellectual property rights. You shall not use the Software in an attempt to, or in conjunction with, any device, program, or service designed to circumvent technological measures employed to control access to, or the rights in, a content file or other work protected by the copyright laws of any jurisdiction. Any such forbidden use shall immediately terminate your license to the Software.

Content License

You grant txtconnect a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all rights that you have as the copyright owner in any content or feedback that you provided to us.

Contracting Users

By using txtconnect Services, you agree that we may contact you via voice call, text message or other electronic medium. In the event that any information you have provided to txtconnect changes, including but not limited to, your phone number, e-mail or address, you agree to promptly update your information.

Use of txtconnect

In addition to other rules and regulations contained in these Terms of Use, you and anyone using your txtconnect account are responsible for any use of txtconnect whether by website or mobile device. You agree not to access, copy, or otherwise use txtconnect Services unless such use is authorized by these Terms of Use or otherwise authorized in writing. You agree that any information you provide to, or enter in order to use, txtconnect is complete and accurate. You will not use the txtconnect Services in any illegal, offending, interfering, or otherwise unacceptable or inappropriate manner, including:

To violate any law, regulation, or other published policy;

To violate or infringe the intellectual property, privacy, or rights of another;

To violate any agreement, rules or policies that govern the use of your mobile device;

To transmit any content that is illegal, abusive, harassing, racist, hateful, or in our sole discretion objectionable;

To transmit sexually explicit, pornographic, obscene, or other content which in our sole discretion we find objectionable;

To sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any txtconnect account;

To stalk, harass, or harm another individual; or

To impersonate another, misrepresent or falsely identify yourself.

To violate any applicable third party policies or requirements that txtconnect has communicated to you.

In any manner that violates the Mobile Marketing Association guidelines and/or best practices, carrier guidelines, or any other industry standards.

Engage in fraudulent activity with respect to third parties or otherwise using your account to bypass phone identification systems such as those by classified advertising websites.

Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.

In connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes; or

For SMS in a manner that is not designed to enhance or augment the person-to-person nature of communications.

Compliance with Laws

You will use the Service in full compliance with all applicable laws and regulations, including all laws and regulations concerning privacy, telemarketing, Internet marketing and the transmission of electronic communications. You will not use the Service in violation of any service agreement that you have with a third-party telecommunications provider.

Enforcing Security

Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. For your protection, we reserve the right to view, monitor, and record activity on the Site without notice or further permission from you to the fullest extent permitted by applicable law. This right extends to our review of message content and details pertaining to claimed violations of our Spam Policy. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.

Assumption of Risk

You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. While txtconnect has endeavored to create a secure and reliable Site, please be advised that the confidentiality of any communication or material transmitted to/from a Site over the Internet cannot be guaranteed. Accordingly, txtconnect is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. txtconnect shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using the Site.

Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk. You will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Your Responsibility to Protect Data and Password

It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying txtconnect of any unauthorized use of your account, or breach of your account information or password. txtconnect will not be liable for any loss that you may incur as a result of someone else using your username or password, either with or without your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines, fees, civil judgments, and reasonable attorney’s fees for your failure to safeguard user and password information and/or promptly notify txtconnect about unauthorized use of your account or breach of your account information or password.

Spam Policy

txtconnect maintains a zero tolerance policy regarding the delivery of spam or unwanted commercial messages using the Service. Notwithstanding anything else in this agreement, you will not send, cause to be sent, or facilitate, spam using the Service. Accounts which send spam or that we believe may be facilitating spam may be suspended and terminated, and txtconnect may participate in the prosecution of spammers.

Spam is defined by this Agreement as any message, whether using the simple mail transfer protocol (SMTP), short message peer-to-peer protocol (SMPP) or any similar or succeeding messaging protocols:

The principal purpose of which is to promote the sale of goods or services, including the content of a website which is operated on a commercial basis, or to promote a political purpose or objective, to the recipient, and consisting of advertising material for the lease, sale, rental, gift offer, or other disposition of any realty, goods, services, or extension of credit, or advertising material for political purposes, unless You have acquired prior express written consent from the recipient to receive such messages;

Sent to a recipient with whom you have no preexisting relationship and/or prior consent to receive messages; or

That violates any law.

Express Consent

You will not send or cause to be sent, or facilitate the sending of any message using the Service if the intended recipient has not given you prior express consent. However, in the case that you are sending messages that are Spam, you must have acquired the prior written consent of the recipient.

Proprietary Rights

All rights, title, and interest in the Service, and any content contained herein is the exclusive property of txtconnect except as otherwise stated. Unless otherwise specified, this Service is for your personal and limited commercial use only and you may print, copy and download any information or portion of the Site for your personal use only. If you copy or download any information or software from this Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, in whole or in part, any information, software, products or services obtained from the Service, except for the purposes expressly provided herein, without txtconnect’s prior written approval.

All trademarks, trade names, service marks and logos are proprietary to txtconnect. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by txtconnect, is strictly prohibited.

Disclaimer

The materials on txtconnect’s web site are provided “as is.” txtconnect makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, txtconnect does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

Since the txtconnect Service is dependent on the IP network, the availability of an adequate power supply, and correct equipment configuration, we do not guarantee that any portion of the Service will be continuous or error-free. You also acknowledge and understand that we cannot guarantee that IP based communications are completely secure. Therefore, the txtconnect Service should not be used with any third-party services or devices such as MONITORED BURGLAR ALARMS, MONITORED FIRE ALARMS, AND/OR MEDICAL MONITORING SYSTEMS OR DEVICES.

Limitations

In no event shall txtconnect or its suppliers be liable for any consequential, indirect, special, punitive, or similar damages, including loss of data or profit, or business interruption, arising out of the use of, or inability to use, the Service, even if txtconnect or a txtconnect authorized representative has been notified orally or in writing of the possibility of such damage. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF txtconnect OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, LICENSORS, REPRESENTATIVES, ATTORNEYS, AND BUSINESS PARTNERS TO ANY PARTY, REGARDLESS OF THE TYPE OF ACTION WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED $100.

Any cause of action you may have with respect to your use of the Site and service provided by the Site must be commenced within one (1) year after the claim or cause of action arises. These limitations may not apply to you if your jurisdictions do not allow limitations on implied warranties or limitations of liability for consequential or incidental damages.

Revisions

The materials appearing on txtconnect’s Site may include technical, typographical, or photographic errors. txtconnect does not warrant that any of the materials on its Site are accurate, complete, or current. txtconnect may make changes to the materials contained on its Site at any time without notice. txtconnect however, makes no commitment of any kind to update the materials.

Links

The Site may include links to certain website, materials, or content developed by third parties. txtconnect has not reviewed all of the sites linked to its Internet Site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by txtconnect of the Site. Use of any such linked website is at your own risk. txtconnect reserves the right in its sole and absolute discretion to discontinue links to any other sites at any time and for any reason.

Indemnity

You will indemnify and hold txtconnect, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement, your violation of any law, or the rights of a third party.

Refunds

All refund requests must be made via the website's contact form at txtconnect.co within 30 days of purchase. txtconnect will not issue refunds to individuals without tracking requests. For the purposes of processing refunds, we will audit our delivery logs which will be used as the basis for determining deliverability. We will issue a refund for the following reasons: an individual received less than 50% of the messages that should have been sent; an individual was not sent the finish line message. If our delivery logs show a message was sent successfully to the carrier with no error, that message will be presumed to have been delivered. We cannot ensure deliverability to the phone after we hand the message off to the cellular providers.

Privacy Statement

txtconnect is committed to protecting its users' privacy. Although our ability to effectively provide our services requires that we collect some personal information about our customers and visitors to our website, we take care to protect the privacy of their information.

Disclosure to Third Parties

We will not trade or rent personal information to others in any way. We will not share your personal information with others (except for accounts, credit card, and ordering information, which are only shared with our clearing banks and payment processing companies) without your express consent. Contact information from the signup forms may be used to send information about our products and services only. The user's contact information may also be used to correspond with him or her when necessary and we may use external reputable companies to deliver any newsletters to which he or she has chosen to subscribe.

Security and Encryption

When you sign up for our services, we will offer you the use of a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us.

No Class Actions

All claims between the parties related to this Agreement will be litigated individually and you will not consolidate or seek class treatment for any claim with respect to the Services.

No Waiver of Compliance

Even if we do not require strict compliance with the Agreement in each instance, you will be obligated to comply with the Agreement. Our failure to enforce, at any time, any of the provisions, conditions or requirements of the Agreement, or the failure to require, at any time, performance by you of any of the provisions of the Agreement, will in no way waive your obligation to comply with any of the provisions of the Agreement or our ability to enforce each and every such provision as written. Any and all waivers by txtconnect of any provision, condition, or requirement of the Agreement will only be effective against txtconnect if it is in writing and signed by an authorized officer of txtconnect, and any such written waiver will not constitute a waiver of any future obligation to comply with such provision, condition or requirement.

Assignment and Delegation

You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment or delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, txtconnect for any third party that assumes our rights and obligations under this Agreement.

No Injunctive Relief

In no event shall you seek or be entitled to rescission, injunctive or other equitable reliefs, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Service or any content or other material used or displayed through the Service.

Governing Law

Any claim relating to txtconnect’s site shall be governed by the laws of the republic of Ghana without regard to its conflict of law provisions. The parties unconditionally waive their respective rights to a jury trial. If for any reason a court of competent jurisdiction finds any provision of this agreement, or a portion thereof, to be unenforceable, the remainder of this agreement shall continue in full force and effect. A printed version of this agreement shall be admissible in any judicial or administrative proceedings.

YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.