Welcome to Lemon! Lemon (also referred to as the “Website”) is a platform aimed to enable better access of people all over the globe to the SMS-messages services and ensure better the privacy of communication through the SMS-messages services.
The Company acts as an intermediary between the Users and enables depersonalized exchange of the information between the Users with the help of the Website. The Company persistently maintain exist and develops and implements new protection mechanisms for tracking compromising activity in order to ensure the safety of its Users network.
If You would like to join Our network and use Our Services please carefully read these Terms of Use and Privacy and Cookie Policy.
1.1.1. The words of which initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
1.1.2. Any terms, which were used, but not specified under present Terms, shall be interpreted in the way they are interpreted in annexures to the Terms and on the Website.
1.3. “APIs” means Company's APIs, other developer services, and associated software.
1.4. “Company” (referred to as either “the Company”, “We”, “Us” or “Our”) means the owner of the Website.
1.5. “Device” means any device that can access the Website such as a computer, a cellphone or a digital tablet and any device that can be used as the transmitter of the data.
1.6. “Feedback” means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Website and Services.
1.7. “Services” means all kinds of services provided by the Company through the Website, including but not limited to the data intermediary services, which shall be understood as the transmission of the data between the Users and the Data-Holders with the functionality of the Website.
1.8. “Online-chat system” means the external website owned by the Company, through which User can obtain information on the price for the Services, recharge the balance in order to use the Services and communicate with the Company.
1.9. “Terms of Use” (also referred as the “Terms”) means the Terms of Use that form the entire agreement between You and the Company regarding the use of the Website and the Services.
1.10. “Time Slot” means the specific period specified on the Website that could be booked by any Users for transmission of the data through the Device belong to Data-Holder.
1.11. “User” means the individual completed the procedure of registration on the Website, who is over the age of 18 and has no legal restrains from entering into binding contracts with the Company.
1.12. “Data-Holder” means any User who provided his/her phone number during the registration and subsequent verification procedures, therefore, committed to cooperate with the Company and Company’s affiliates and deliver all relevant information concerning such phone number as well as the data received on such phone number during the specific periods communicated to him/her by the Company.
1.13. “Parties” or “Party” means the Company, User, Data-Holder and Reseller (if used in plural form) and any of aforementioned subjects with reference to the context (if used in singular form).
1.14. “Reseller” means the legal entities or other institution, which completed the registration procedure and verification procedure for Resellers on the Website, willing to custom API to provide the access to the Services ordered from the Company to their own users.
1.15. “Website” refers to the website belong to the Company located at http://www2.smspva.net and related websites, including any content and functionality presented on these sites.
1.16. “You” means the individual accessing the Website.
2.1. These Terms of Use define the acceptable practices for the use of the Services; protects the interests, reputation and resources of the Company and Users, and, as far the Company is reasonably able, the public Internet community as a whole.
2.2. You acknowledge that You have read, understood and agreed with the Terms of Use, including Company’s right to terminate Your registration for violations of any provisions foreseen by present Terms of Use as well as their annexures, by completion of the registration on the Website. In case You disagree with any part of these Terms of Use, You have to stop the registration procedure and leave the Website.
2.3. You represent that You are over the age of 18 and have no legal restrains from entering into binding contracts with the Company. The Company does not permit those under 18 to use the Website.
2.4. The Company will not, as an ordinary practice, monitor the communications of Users to ensure that they comply with present Terms of Use or any applicable laws and regulations. However, the Company reserves the right to, where it is feasible, implement measures to prevent violations of these Terms of Use or to comply with orders of legal authorities.
2.5. The Company has sole discretion to interpret these Terms of Use and determine whether a User, Data-Holder and Reseller have violated it.
2.6. These Terms of Use forms an integral part of the agreement between the Company and User. The present Terms of Use automatically replaces and supersedes any other document regulated the relations between the Company and Users.
2.7. The Company reserves the right to modify these Terms of Use from time to time. Any such modification is effective immediately. The Company notify the Users on the modification by publishing the revised version of the Terms of Use on the Website.
2.8. You hereby agree that you will check the publication of revised Terms of Use on the Website at least twice per month.
3.1. The Company provides to the Users services of data intermediary through the functionality of the Website.
3.2. The Company acts as a gateway between the Users and Data-Holders that they can custom for an exchange of the data received through the SMS-messages system.
3.3. No phone numbers that can be used for delivery of the SMS-messages belong to the Company or its’ affiliates.
3.4. In no case, the Company shall be deemed as the party to any negotiations and agreements that take place and executed between the Users and Data-Holders through the Website.
4.1. Once entering the Website, You will be provided the option for the registration on the Website. The registration is required for You to use the Website and Services and provided by the Company in order to ensure safety of the Website network.
4.2. Registration on the Website enables You the access to the information presented on the Website and gives You the option to use the Company’s Services and data transmission services offered by the Data-Holders though the Website.
4.3. During the registration procedure You will be asked to provide following information:
4.3.1. Any combination of letters and(or) digits that will be lately used as Your designation (hereinafter referred to as the “Login”) on the Website and be required every time You entering the Website (mandatory);
4.3.2. Any combination of letters and(or) digits (hereinafter referred to as the “Password”) that will be lately required every time You entering the Website (mandatory);
4.3.3. Your email address (mandatory);
4.3.4. Your mobile number (optional);
4.3.5. Your Alipay account number (optional).
4.4. The processing, storing and transfer of the aforementioned data is regulated under the Privacy and Cookie Policy. Please carefully read the Lemon Privacy Policy before the finalizing registration at the Website.
4.5. Please be noted that by imputing Your phone number during the registration You are requesting the status of the Data-Holder on the Website and may be further communicated by the company pursuant this matter. You can find the specific provisions regulating the Data-Holder activity on the Website later in these Terms and on the Website.
4.6. In case You have no intention to obtain the status of the Data-Holder on the Website at date of registration You shall leave the field for the phone number blank.
5.1. Where User would like to use the data transmission services provided by the Data-Holders via the Website, he/she shall recharge the balance on the Website through the Online-chat system first.
5.2. In order to recharge the balance User submit the recharging request in the Online-chat system.
5.3. User agrees to provide to the Company all relevant details on the data transmission services required and accepts that Company can reject the recharging unless all relevant details are provided.
5.4. After User provided all relevant details on the data transmission services, the Company will communicate to the User information on the transfer means available for the recharging.
5.5. Once User elected the transfer means and effected the recharging transfer in the Online-chat system, he/she can input his inquiry for the data processing services on the Website.
5.6. After the submission of the data processing services inquiry the Website will display to the User the phone number of the Data-Holder that has the relevant Time Slot available.
5.7. The User can use the phone number displayed on the Website for transmission of the data within the Time Slot.
5.8. User agrees that each phone number that displayed on the Website can be used only once and only during the period of the Time Slot.
5.9. In case User ever sees the same phone number on the Website twice, he/she agrees to notify the Company on the matter and mark the phone number as used by the means available on the Website.
6.1. The Company charges the Users and Data-Holders a Commission for the Services.
6.2. The Company use a flexible commission policy in order to maintain the profitability of the Website’s network for its’ Users all over the world, therefore the Users and Data-Holders of different origin may be due to the different commission rates.
6.3. You can find detailed information on the Company’s Commissions on the Website or through the Online-chat system.
6.4. In case of refund the Users receive all amount previously transferred, including the price of the Data-Holder’s services and the Company’s commission.
6.5. The Commission of the Company does not include any side fees charged by the payment processing services used for the recharge and withdrawal of the balance.
6.6. Where the User does not enter the Website through his/her account for more than three consecutive months, he/she agrees that, the Company can either charge him/her the additional fees for the maintenance of the account and the data in the Website’s database system or delete the account and corresponding data in the Website’s database system where the balance available is not sufficient to maintain the User’s account.
6.7. User agrees that the Company has full discretion to decide whether the balance of User is enough to maintain the account.
6.8. The Company may send to User’s email account a notification on the unilateral termination of the Terms and deletion of account.
7.1. Users apply for the refund or withdrawal through the Online-chat system.
7.2.1. Under general conditions, the refund shall be deemed as the transfer of the relevant amount from the balance of the Data-Holder to the balance of the User. In case User prefer the refund to be effectuated to his/her account out of the Website, he/she shall specify it during the application for the refund.
7.2.2. User can apply for the refund in any case he/she filled the inquiry to the data transmission services through the Website, but the data was not displayed in the specific section on the Website.
7.2.3. Application of refund shall include following:
7.2.3.1. Date and time of the failed inquiry for the data transmission (if any);
7.2.3.2. Details of the failed inquiry (if any);
7.2.3.3. The amount of the funds to be refunded.
7.2.4. You agree that the Company may inquire other information in order to effectuate the refund, in such case the provision of such information shall be deemed as obligatory in order to effectuate the refund.
7.2.5. The Company strongly recommend to the Users to submit the application for the refund at the date when the situation required the refund has happened and avoid submitting following inquiries for the data transmission services through the Website before the application for the refund is resolved.
7.2.6. Upon successful submission of the refund application, the Company will initiate the verification procedure of the refund details and information provided.
7.2.7. The term of verification procedure shall be equal to four days and be calculated from the day of submission of all relevant details to the Company.
7.2.8. You hereby agree that the data stored in the Website's data base system shall be deemed as enough and only evidence of the success of the use of the data transmission services.
7.2.9. You agree that Company will execute the refund under the conditions that You provide all relevant details under the application and the Website's data base system confirms no display of the data on the Website.
7.2.10. Where all the aforementioned conditions for the refund are met, the Company shall effectuate the refund within one day period from the day of conclusion of the verification procedure.
7.2.11. In no case, the Company shall be liable for the errors of the transaction means that may interrupt the refund process, in case the refund is effectuated to the User’s side account out of the Website per specific request of the User as described previously.
7.3.1. In order to apply for the withdrawal of available balance User shall submit the application for the withdrawal in the Online-chat system.
7.3.2. Application of the withdrawal shall include following:
7.3.2.1. The withdrawal amount;
7.3.2.2. The transaction means of the withdrawal.
7.3.3. Where the withdrawal application includes all aforementioned details, the Company will effectuate the refund within four day period from the day of submission of withdrawal application.
7.3.4. The Company will effectuate the withdrawal via the transaction means available at the time of the withdrawal.
7.3.5. The Company may suggest to the User specific transaction means to effectuate the withdrawal.
7.3.6. In no case, the Company shall be liable for the further losses of the User where User decides to elect the suggested payment means for the withdrawal.
8.1. In case You have any claims with regards to the functioning of the Website, Company’s Services, data transmission services provided by the Data-Holders or any other claims You will need to file a complaint though the Online-chat system.
8.2. It is recommended to provide the following in the complaint description: (1) information and circumstances concerning the subject of the complaint, in particular the type and date of occurrence of the defect and (2) Your request – this will facilitate and expedite investigation of the complaint by the Company. The requirements stated in the preceding sentence should be interpreted as recommendations and do not influence the effectiveness of complaints filed with omission of the recommended complaint description.
8.3. The Company will address Your complaint without delay, no later than within fourteen calendar days from the date of submission.
8.4. Within aforementioned period, Company will initiate the complaint resolution procedure in the Online-chat system.
8.5. You agree to cooperate with the Company and provide to the Company all relevant information in case You by any stance are involved in any dispute initiated on the Website.
8.6. You agree that the complaint resolution procedure shall have the binding nature and that You will follow any decision made through the complaint resolution procedure.
9.1. You agree that present section of the Terms foresees the specific regulations for the Users who obtain the Data-Holder status. In all other aspects that are not mentioned under present section the relations between the Parties and their affiliates shall be regulated by other sections of the Terms, its’ annexures and other relevant agreements entered between the Parties and their affiliates.
9.2. Where You would like to obtain the status of the Data-Holder on the Website You would need to undergo the supplementary verification procedure for the Data-Holders.
9.3. The verification procedure for the Data-Holders includes three following steps:
9.3.1. Submission of the initial request for the status of Data-Holder;
9.3.2. Verification of the User and his/her compliance basic requirements of the Website;
9.3.3. Declaration of the terms of Your activity as the Data-Holder.
9.4.1. You can submit the request for the status of Data-Holder by either (i) entering Your phone number during the registration procedure or (ii) communicating with the Company Your phone number and intention to obtain the status of the Data-Holder via the Online-chat system after You become the User.
9.4.2. The Company reserve the right to hold Your request unanswered for the period of ten days from the day of submission of the request in the Online-chat system. Where the Company delays the respond to the request, Company at its discretion may provide You the access to the Services available on the Website at the free of charge basis.
9.4.3. You admit that by submission of the request to obtain the status of the Data-Holder on the Website You agree to the following:
9.4.3.1. To be contacted by the Company through the Website or through Your email provided during the registration with regard to the verification procedure for the Data-Holder;
9.4.3.2. To cooperate with the Company and Company’s affiliates and provide all relevant information and documents required for the verification procedure;
9.4.3.3. To cooperate with the Company and Company’s affiliates with regards to such phone number and transmission of the data received during the Time Slots, where You would obtain the status of the Data-Holder;
9.4.3.4. To provide the Company and Company’s affiliates the right to periodically display on the Website and other sources Your phone number without any subsequent information that may identify that displayed phone number belongs to You, where You would obtain the status of the Data-Holder;
9.4.3.5. To bear all the expenses related to the verification procedure including, but not limited to the postal expenses, telephone bills, and other expenses that could be inquired by You due to the provision of relevant documents and data for the verification procedure.
9.5.1. Verification of the User and his/her compliance with the basic requirements of the Data-Holders is effectuated through the exchange of the data and relevant documents in the Online-chat system.
9.5.2. You agree that Company reserves the right to refuse You the status of Data-Holder in case Company has any doubts with regards to Your good will, reliability and any other relevant characteristics.
9.5.3. You agree that Company has full discretion to decide whether You fulfill to the requirements of the Data-Holder and You will have no claims to the Company in case it rejects Your request for the status of Data-Holder.
9.5.4. In no case Company shall bear any liabilities to compensate You any costs and (or) losses enquired during or caused by the procedure of verification for the Data-Holders.
9.5.5. Processing, storing and transferring of Your personal data provided to the Company during the verification procedure is regulated by the Privacy and Cookie Policy.
9.5.6. Where You fulfill the requirements of the Data-Holder, You will be included in the list of the potential Data-Holders in the Website’s system.
9.5.7. You agree that absence of response to any messages of the Company from Your side for the period of at least ten days during the procedure of verification shall be deemed as the recall of the request for the status of the Data-Holder. In such case, the Company will delete all the personal data provided during the procedure of verification.
9.6.1. After You obtain the status of the potential Data-Holder You would need to initiate procedure of declaration of the terms of Your activity as the Data-Holder in the Online-chat system on the Website.
9.6.2. The mandatory terms that You shall declare include following:
9.6.2.1. Number and exact time of the Time Slots;
9.6.2.2. Remuneration rate per the Time Slot;
9.6.2.3. Other terms that You deem as relevant.
9.6.3. The Company reserves the right to reject the proposed terms where rendering of the Services on the terms proposed may cause any risk to the proper functionality and (or) safety of the Website’s system. In this case, You hereby agree to propose alternative terms through the Online-chat system until the proposed terms would fit the Website’s system requirements.
9.6.4. In case You fail to provide the alternative terms within ten days from the day of last rejection of proposed terms the ongoing procedure for declaration of the terms shall be deemed as failed and You will be required to initiate another declaration procedure in the Online-chat system to become the Data-Holder.
9.6.5. Whether Your terms are accepted by the Website’s system You automatically obtain the status of the Data-Holder in the Website’s system.
9.6.6. The Company reserves the right to require the Data-Holder to maintain the minimum amount of security deposit on his/her balance in the following cases:
9.6.6.1. Where the Data-Holder declares significant number of the Time Slots;
9.6.6.2. Where the Data-Holder has the history of infringement of any provisions of the Terms;
9.6.6.3. In other cases where the Company deems as required to introduce the security deposit for the Data-Holder.
9.6.7. The amount of the security deposit depends on the remuneration rate and number of the Time Slots and will be communicated to You by the Company in the Online-chat system.
9.6.8. You agree to maintain Your balance on the Website above the level of the minimum security deposit during all period of being the Data-Holder where it is introduced by the Company.
9.6.9. You agree that at any moment, Your balance on the Website falls under such minimum security deposit the Company can suspend Your status of the Data-Holder and You will receive no data transmission inquiries from the Users via the Website.
9.7.1. In case at any time after the approval of the terms by the Website’s system You would like to amend the terms of Your activity as the Data-Holder, suspend Your Data-Holder status or cancel Your Data-Holder status You will need to submit relevant inquiry in the Online-chat system according to the Website.
9.7.2. You agree that upon submission of inquiry for amendment of the terms of Your activity as the Data-Holder You will be automatically revoked the status of the Data-Holder. Therefore, in case the new terms are rejected by the Website’s system You will need to finish the declaration procedure. Otherwise, You would not have the status of the Data-Holder and would not receive inquiries from the Users through the Website's system.
9.8.1. The Company guarantees to send You data inquiries only under the declared terms.
9.8.2. Whether You receive any data out of the Time Slots declared or You think that the data received falls under the restricted uses under present Terms, You agree to be obliged to promptly notify the Company though the Online-chat system on such matter and cooperate with the Company to fix the matter.
9.8.3. You agree that the Company may temporary suspend Your status as a Data-Holder on the Website’s system and use review mechanisms to examine the data that was transmitted through Your account for the period of sixty days prior to the date of notification submission. In case Your Data-Holder status is suspended, the Company will pay You a compensation of 30 percent of Your remuneration rate per every Time Slot falls under the period of suspension.
9.8.4. In case You breach any terms of Your activity as the Data-Holder You agree to pay the fine equal to the remuneration You could receive for failed inquiries.
9.8.5. This fine will be used by the Company to pay the compensation to the Users and cover the administrative expenses to the Company.
9.10. The remuneration of the Data-Holders equals to the remuneration rate multiplied by the Time Slots inquired by the Users and reduced by the Company’s commission and commission of payment services providers.
9.11. You can see Your balance and transactions committed in the specific subsection on the Website.
9.12. You can obtain the information on the Company’s commission on the Website or through the Online-chat system.
9.13. Company will transfer to You the remuneration accumulated on Your balance on the 28th day of each month.
9.14. In case You close Your status of Data-Holder, Company will transfer to You all funds from Your balance on the Website’s systems.
10.1. You agree that present section of the Terms foresees the specific regulations for the Users who obtain the Resellers status, in all other aspects that are not mentioned under present section the relations between the Resellers, Users, Data-Holders, Company and their affiliates shall be regulated by other sections of the Terms, its’ annexures and other relevant contracts between the aforementioned subjects.
10.2. Where You have Your own platform/website and what to enable the access to the Services through it You firstly need to obtain the status of Reseller on the Website.
10.3. In order to become the Reseller You shall be registered as the User, submit the corresponding request through the Online-chat system, follow the Reseller verification procedure prescribed on the Website and entering into the specific agreement with the Company.
10.4. By submission of initial request to become the Reseller, You admit that You have no restraints to use or receive the APIs under the applicable laws of the country in which You are resident or from which You supposed to use the APIs.
10.5. You agree that Your submission of request to become the Reseller shall be deemed as the acceptance of specific terms prescribing conditions of the Company’s APIs use which could be found bellow.
10.6. Upon submission of application to become Reseller User guarantee to require his/her end users to comply with (and not knowingly enable them to violate) applicable law, regulation, and the Terms.
10.7. You guarantee to comply with all applicable law, regulation, and third party rights (including without limitation laws regarding the import or export of data or software, privacy, and local laws). You will not use the APIs to encourage or promote illegal activity or violation of third party rights. You will not violate any other terms of use with the Company (or its affiliates).
10.8. You will only access (or attempt to access) an API by the means described in the documentation of that API. If the Company assigns You developer credentials (e.g. users’ IDs), You must use them with the applicable APIs. You will not misrepresent or mask either Your identity or Your API user's identity when using the APIs or developer accounts.
10.9. The Company sets and enforces limits on Your use of the APIs (e.g. limiting the number of API requests that You may make or the number of users You may serve), in its sole discretion. You agree to, and will not attempt to circumvent, such limitations documented with each API.
10.10. Where You would like to use any API beyond aforementioned limits, You must obtain Company’s express consent (and Company may decline such request or condition acceptance on Your agreement to additional terms and/or charges for that use). To seek such approval, contact the Company through the Online-chat system.
10.11. You agree to comply with all applicable privacy laws and regulations.
10.12. You agree to provide and adhere to a privacy policy for Your API users that clearly and accurately describes to users what user information You collect and how You use and share such information with the Company and third parties.
10.13. When using the APIs, You may not (or allow those acting on Your behalf to):
10.13.1. Sublicense an API for use by a third party;
10.13.2. Defame, abuse, harass, stalk, or threaten others;
10.13.3. Perform an action with the intent of introducing to Company products and services any viruses, worms, defects, Trojan horses, malware, or any items of a destructive nature;
10.13.4. Promote or facilitate unlawful online gambling or disruptive commercial messages or advertisements;
10.13.5. Interfere with or disrupt the APIs or the servers or networks providing the APIs;
10.13.6. Reverse engineer or attempt to extract the source code from any API or any related software, except to the extent that this restriction is expressly prohibited by applicable law;
10.13.7. Use the APIs for any activities where the use or failure of the APIs could lead to death, personal injury, or environmental damage (such as the operation of nuclear facilities, air traffic control, or life support systems);
10.13.8. Remove, obscure, or alter any Company terms of use or any links to or notices of those terms.
10.14. You agree that the supplementary duties for You as the Reseller may be agreed with the Company in the previously mentioned specific agreement with the Company.
11.1. The Website, the content of the Website are the objects of the exclusive rights of the Company and/or other copyright holders, all rights to these objects are reserved.
11.2. You agree and fully acknowledge that all exclusive rights and/or licenses required for the software that comprises the elements of the Website, Website content, and/or used for their administration and operation, including its constituent audio-visual works, graphic and Website design, photography, animation, video, video clips, sound recordings, sound effects, music, text content of Website belong to the Company, with the exception of materials and content posted by the Users.
11.3. The Website, its components and content elements may not be used, displayed, copied, reproduced, distributed, republished, uploaded, posted, transmitted, reflected, modified, or used in any way for personal or commercial purposes.
11.4. The User does not have the right to distribute, sell, translate, modify, reverse engineer or reverse compile or decompile, disassemble or create derivative works from the Website or any content or components available on the Website.
11.5. The User does not have the right to use the pages or elements of the Website and/or any other web page, the rights to the content of which belong to the Company, including through redistribution or copying using special technical means, for commercial purposes, except in cases where such use has been given prior written permission of the Company.
11.6. The User agrees not to interfere and not to take actions that lead to interference or disruption of the Website or servers or networks to which the Website is connected.
11.7. The User agrees not to attempt to gain unauthorized access to other computer systems or networks to which the Website is connected.
11.8. These Terms does not provide for the assignment of any exclusive rights or the issuance of an exclusive license for any components of the Website, Website content from the Company to the User.
12.1. You assign all rights, title and interest in any Feedback You provide the Company. If for any reason such assignment is ineffective, You agree to grant the Company a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
13.1.1. User guarantees that no one else has access to the email addresses and phone numbers provided under the Terms, and he/she comply with appropriate measures to prevent access to them by third parties.
13.1.2. User guarantees that he/she will use the Services in a responsible manner and in accordance with present Terms.
13.1.3. User warrants the confidentiality of Login-Password pair to his/her account on the Website. Where User have reason to believe that the security of its Login-Password pair might have been compromised, he/she should promptly contact the Company.
13.1.4. User must ensure compliance with these Terms of Use during all the period of his/her registration on the Website and use of the Services.
13.1.5. User guarantees that by imputing his/her phone number User does not violate any provisions foreseen by the relevant contracts with the phone number provider as well as any provisions of the laws and regulations of the country of such phone number provider.
13.1.6. User warrants that the account created on the Website will be used solely by him/her and no third party will have access to User’s account on the Website.
13.1.7. User guarantees that he/she is over the age of 18 and have no legal restrains from entering into binding contracts with the Company.
13.1.8. User warrants that he/she have no citizenship of the People’s Republic of China.
13.1.9. User guarantees that all the information provided to the Company is true and accurate. User is solely responsible for the accuracy of the data provided to the Company.
13.1.10. Reseller warrants to ensure following of terms prescribed by present Terms of Use by his/her users.
14.1. User and Reseller’s users may not use the Website network or Services in any manner which: (a) violates an applicable law, regulation, treaty, tariff or the Agreement (b) violates the acceptable use policies of any networks, facilities, or Services accessed through the Website; (c) infringes the intellectual property rights of the Company or others; (d) violates the privacy of others; or (e) involves deceptive or fraudulent marketing practices.
14.2. Under no event User and Reseller’s users can use the Website and Services for:
14.2.1. Transmission of information or the offering of any service which is contrary to any applicable law or regulation, abusive, harmful, threatening, defamatory, pornographic or which could be considered offensive in any other way;
14.2.2. Transmission of the information that can be deemed as the spam. In the event that the Company deems a transmission to be spam, the Company will have the right to disconnect the relevant phone number immediately without prior notice of the User and cease the account of the User;
14.2.3. Sending any SMS-messages, which are offensive, abusive, indecent, defamatory, obscene or menacing, a nuisance or a hoax, in breach of any laws and regulations or anyone’s privacy, or is otherwise unlawful. In the event such messages are sent by Users, they shall have the obligation to promptly cooperate with the Company and take immediate actions to cease such activities;
14.2.4. Emergency messages, unless expressly communicated with and permitted by the Company;
14.2.5. Obtaining of the SIM-based network access services provided by any third party including, but not limed to, the actions of the registration on and(or) subscription to any websites, mobile apps and social networks;
14.2.6. Sending bulk notifications or other marketing campaigns, which do not comply with the usage of long virtual numbers and fall outside the scope of national regulatory or industry guidelines.
14.3. The Services have nature of P2P services and may be used by Users and Reseller’s users for delivering of the P2P traffic only. Messages must be initiated by human interaction.
14.4. User and Reseller warrants that no information it or his/her users use for the origination of SMS-messages is misleading, inaccurate, deceptive or fraudulent.
14.5. User and Reseller warrants that he/she or his/her users will not use the Services in any way that causes degradation to communications or network failure.
14.6. Reseller shall insure the compliance of his/her users with the provisions prescribed hereto, specifically with regard to the restricted use of the Services and information provided for the use of the Website.
14.7. Reseller shall implement appropriate measures to prevent fraudulent traffic on the Website’s network.
15.1. The Company may monitor any fluctuations in the Website’s system data traffic. Should the Company detect any unusual or suspicious traffic, Company may, at its sole discretion and without prejudice to any right, which it might have to terminate the Agreement, elect to partially suspend any suspicious traffic until further notice.
15.2. Notwithstanding detection of any unusual or suspicious traffic, User understands and agrees that any suspicious or fraudulent traffic will be fully charged by the Company to User.
16.1. You hereby agree that the Company can take immediate actions, without regard to any cure periods in the Terms, in response to any Your violation of the Terms and its’ annexures, including, but not limited to suspension or revocation of Your User account on the Website.
16.2. In case of cancelation of the User’s account, Company will transfer back to the User all the funds displayed on the Website under the User recharging balance via any means previously used by the User to recharge the balance.
16.3. Company may refer violators of these Terms of Use to civil or criminal authorities for prosecution and will fully cooperate with any investigation or proceeding initiated by government authorities.
16.4. Company may disclose information transmitted over its facilities where it is necessary to protect Company and its Users from harm, or where it is necessary to the proper operation of the Website.
16.5. In case of User’s prohibited activities, Company reserves the right to charge User to cover the administrative expenses related to these activities, including, but not limited to, recovery of the costs of identifying offenders and restricting or terminating access to the Website.
17.1. Company reserves the right to manage network capacity to alleviate congestion. Should Company experience severe congestion that threatens the continuity or quality of its Services, it may suspend the Services of any User to ensure a fair distribution of the available capacity for all Users without a prior notice.
18.1 Company’s network, Website and API are provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.
18.2. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Services, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Services will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or Services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
18.3. Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Website, or the information, content, and materials or products included thereon; (ii) that the Website will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Website; or (iv) that the Website, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
18.4. Where Your jurisdiction does not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. Nevertheless, in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under the applicable law.
18.5. In no event shall Company be liable to its Users or any third party for any injury or loss resulting from inaccurate, unsuitable, offensive, illegal or unlawful use of the Services or any direct, indirect, special, or consequential damages arising from claims alleging that a User engaged in conduct that violates these Terms of Use.
19.1. The Company shall not bear the liability in the following cases: in the case of indirect damage, in the event of accidental damage or ensuing after damaging due to interrupted communications, data loss, lost profits, or in the case of economic losses, which have arisen in connection with these Terms.
19.2. The Company assumes no liability for consequential damages or indirect damages that may arise or may be associated with a breach or failure to perform its obligations.
19.3. The User undertakes to protect the Company against liability and reimburse all costs and losses, pay any claims for compensation and other expenses (including reasonable legal costs and reasonable) related to such claim.
19.4. The Company assumes no liability to the User and Reseller in the event of any complaints or claims have been made if:
19.4.1. The requirement or complaint arises as a result of the negligence of the User/Reseller and(or) the end user, improper conduct or a result of rupture of these Terms;
19.4.2. User/Reseller does not submit to the Company any complaint through the Online-chat system or any other means according to the Website.
19.4.3. User/Reseller does not provide the Company with all the rights to work with this complaint or does not provide all the information requested by the Company, for the full and proper cooperation in the work on the complaint;
19.4.4. When using the Website and(or) the Services User/Reseller violates any relevant laws and regulations.
20.1. As a User, You may get access to special information that visitors of the Website may have no access to (non-public Website’s information). Due to the sensitive nature of this information, it is important for Us to make sure that You keep that information secret.
20.2. You agree that any non-public Website’s information we give You access to, such as information about the Services and operation of the Website, will be considered Company’s confidential information, regardless of whether it is marked or identified as such.
20.3. You agree to only use such confidential information for Your use, and not for any other purpose. You should use the same degree of care as You would with Your own confidential information, but no less than reasonable precautions to prevent any unauthorized use, disclosure, publication, or dissemination of Our confidential information. You promise not to disclose, publish, or disseminate any confidential information to any third party.
20.4. Confidential information will not include information that is: (a) or becomes publicly available without breach of these Terms through no act or inaction on Your part; (b) known to You before we disclose it to You; (c) independently developed by You without breach of any confidentiality obligation to us or any third party; or (d) disclosed with permission from the Company.
20.5. You will not violate the Terms if You are required to disclose confidential information pursuant to operation of law, provided the Company has been given reasonable advance written notice to object, unless prohibited by law.
21.1. The Company shall not be liable for any interruption, delay or failure in Website resulting from any matter or event outside of their control, to include, but not limited to any act of god, inclement weather, storm, flood, drought, lightning, fire, power failure, shortage of power, disturbance to power supplies, disconnection damage or disturbance to telecommunications connections and cables, trade dispute, government action, embargoes, termination of or refusal to grant a license, damage to or loss of equipment or interruption, failure or delay in any service provided to us by any third party including governmental or regulatory authority or telecommunications operator, war, military operations, or riot.
21.2. The Company will not accept any liability for the consequences arising out of a force majeure event.
22.1. The Website may contain links to external websites or services that are not owned or controlled by the Company (with exclusion to the Online-chat system and other websites explicitly provided under the Terms or the Website as belonged to the Company).
22.2. The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
22.3. We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
23.1. The Terms of Use will be effective as of the date of the User acceptance thereof, and will remain effective until terminated by either Party as set forth in these Terms of Use.
23.2. Either Party shall be entitled to unilaterally terminate these Terms without prior notice in following ways:
23.3. The Company terminates present Terms by deletion of the User’s account on the Website;
23.4. User terminates present Terms by cancelling registration of his/her account on the Website via the Online-chat system.
23.5. Upon termination of the Terms for any reason all licenses and rights to use the Services shall be terminated and the User will cease any and all use of the Website.
23.6. Unilateral termination of the Terms by the Company shall not cause any compensation, refund etc. and have immediate effect at any time, where:
23.6.1. The User does not or the Company have relevant grounds to assume that User does not comply with the Terms;
23.6.2. The User says, or appears to intend, that it will not abide by the Terms;
23.6.3. The Company believes the User or Reseller has allowed Services to be used for any unlawful purpose or any use prohibited by the Terms or any applicable law;
23.6.4. The User does not enter the Website through his/her account for more than three consecutive months.
23.7. The termination of the Terms of Use shall not affect the provisions foresee the liability of the Users, Data-Holders and Resellers.
24.1. These Terms may have been translated if We have made them available to You on Our Website. You agree that the original English text shall prevail in the case of any discrepancies.
25.1. All documents sent by e–mail, telephone (including messengers) are considered to have reliable digital footprint signed using a digital signature and are equivalent to a written document.
25.2. The Parties agreed on the possibility of using facsimile reproduction of the signature using mechanical, electronic or other copying (facsimile signature) for signing Requests, Acts, any other documents related to the Terms. The Parties acknowledge that the facsimile signature has equal legal force to the handwritten signature of the Party.
25.3. The failure of either Party to enforce its rights under the Terms at any time for any period shall not be construed as a waiver of such rights.
25.4. In case any provision of these Terms is held to be unenforceable, void or invalid, such provision shall be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will not be affected and remain in full force and effect.
26.1. In case You have any further questions, complaints or enquiries regarding the Terms You can forward them via the Online-chat system or any other means according to the Website.