Welcome to SendFlow. These terms of service constitute your agreement with SENDFLOW UAB ("SendFlow" or "we") for use of the services provided by SendFlow ("SendFlow Services").
Acceptance of Terms
By accessing the SendFlow web site ("Site") or using the SendFlow Services you agree to be bound by these terms of service including SendFlow's Privacy Policy, and any additional terms on the Site (together "Terms of Service"). If you do not agree to the Terms of Service, you may not sign-up or use the SendFlow Services. SendFlow may renew, modify or amend the Terms of Service from time to time. If you continue to use the SendFlow Services you accept such revisions.
Links to Third Party Sites
SendFlow web site may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties' sites.
Intellectual property rights
All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the SendFlow Services ("Content") is either owned by SendFlow or has been licensed to SendFlow by the rights owner(s) for use as part of the SendFlow Services. All rights are expressly reserved. Furthermore, SendFlow has the right to remove any materials posted to the Site in its sole discretion.
Registration obligations
When registering with the service, each user must:
1. Provide true, accurate, current and complete information on the Service's registration form (collectively, the "Registration Data")
2. Maintain and promptly update the Registration Data as necessary.
If, after investigation, we have reasonable grounds to suspect that any user's information is untrue,
inaccurate, not current or incomplete, we may suspend or terminate that user's account and prohibit any
and all current or future use of the Services (or any portion thereof) by that user other than as expressly
provided herein.
Each user will receive a password and account designation upon completing the Service's
registration process and is wholly responsible for maintaining the confidentiality
thereof and wholly liable for all activities occurring thereunder. SendFlow cannot and will
not be liable for any loss or damage arising from a user's failure to comply with this Section,
including any loss or damage arising from any user's failure to
1. Immediately notify SendFlow of any unauthorized use of his or her password or account or any
other breach of security and
2. Ensure that he or she exits from his or her account at the end of each session.
SendFlow handles user Registration Data in accordance with the SendFlow Privacy Policy
accessible at http://sendflow.com/legal/privacy.
Use of SendFlow Services
We grant you a non-exclusive, non-transferable right to view and use the SendFlow Services and the Content for and subject to your compliance with these Terms of Service.
No Unlawful or Prohibited Use
You create mobile services ("Mobile Service") using the Service provided by SendFlow.
You are solely responsible for the contents of your Mobile Service, and adherence to the terms
of this Agreement and other terms and conditions provided on the Website. SendFlow reserves the
right to investigate, at its own discretion, any activity that may violate this Agreement.
SendFlow is not responsible for anything related to Your Mobile Services.
You expressly acknowledge and agree to use any SendFlow Service solely for
lawful purposes. In this respect you may not, without limitation (a) intercept
or monitor, damage or modify any communication which is not intended for you,
(b) send any unsolicited commercial communication not permitted by applicable law,
(c) use any SendFlow Service in any fraudulent way, (d) expose any third party to
material which is offensive, harmful to minors, indecent or otherwise objectionable.
Further, you may not use any SendFlow Service in any manner that could damage, disable,
overburden, or impair any SendFlow server, or the network(s) connected to any SendFlow
server, or interfere with any other party's use and enjoyment of the SendFlow Services.
Submission of information to SendFlow
In the course of using the SendFlow Service, users may provide information about themselves which may be visible to certain other users (see SendFlow's Privacy Policy to learn more about information collected on this Site). You understand that by posting materials or information on the Site or otherwise providing feedback and/or suggestions to SendFlow you are granting to SendFlow a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the SendFlow Services. Furthermore, you understand that SendFlow retains the right to reformat, excerpt, or translate any materials submitted by you.
Disclosure of information
SendFlow reserves the right at all times to disclose any information provided by you or about your use of SendFlow Services as SendFlow deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in SendFlow's sole discretion.
No warranties
SendFlow does not make any express warranty regarding the SendFlow Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however SendFlow shall endeavour to provide SendFlow Services with minimum disruptions. SendFlow cannot guarantee that the SendFlow Services will always function without disruptions, delay or other imperfections and SendFlow may choose not to provide service to countries or calling areas at its sole discretion. Since the SendFlow Services will be transmitted through public Internet lines and the public switched telephony network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the SendFlow Services, e.g. packet loss and delay. Additionally, you also understand that calls to or from the public switched telephony network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. SendFlow will not be liable for any disruption, delays, eavesdropping or other omissions in the SendFlow Services.
Limitation of Liability
You expressly understand and agree that SendFlow and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if ye has been advised of the possibility of such damages), resulting from the use or the inability to use the SendFlow service.
Service suspension / interruption
SendFlow is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the SendFlow Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the SendFlow Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time SendFlow may prevent use of SendFlow Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.
Communication
The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. SendFlow will not be liable for any type of communication spread by means of the SendFlow Services.
No emergency calls
The SendFlow Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and SendFlow is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account (as defined in the following), you are responsible to inform that user that it is not possible to support or carry emergency calls with the SendFlow Services.
Payment, Rates & Accounts
Payment
In order to use the SendFlow Service you shall purchase credits which will be applied to your Account and you shall pay SendFlow the rates as stated on the Site which will decrement from your available credits.
VAT
Unless stated otherwise, all rates and charges listed shall be exclusive of value added taxes (VAT) or any other applicable taxes. VAT will be charged at the Lithuania rate of 21% for customers living within the EU and applied at the point at which you purchase the credit that will be added to your account.
Rates & Revenue Sharing
Pricing, rates, revenue sharing and/or payment structure for the SendFlow Services are published on the Site. SendFlow reserves the right to change its pricing, rates, revenue sharing and/or payment structure at any time without notice. If you do not wish to accept such adjustment, you are entitled to terminate the Account with effect from the date on which the adjustment would become effective. You agree that by continuing to use the SendFlow Services, following the adjustments of pricing, rates, revenue sharing and/or payment structure, you accept such adjustments.
Refunds
SendFlow does not provide refunds on credit balances added to your account except as expressly provided for in these terms and where we have breached our obligation to you. For the avoidance of doubt, no other refunds shall be given for services paid or credit acquired, except in exceptional circumstances, and at SendFlow's sole discretion.
Account and receipt
SendFlow may provide an account history within your account area on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance ("Account History"), which may change from time to time, and an e-mail receipt upon pre-payment for the SendFlow Services. The Account History is the only statement of your Account that SendFlow will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. SendFlow will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to SendFlow.
Accounting errors
If you believe that SendFlow has charged your Account in error, you must submit a request for refund by contacting SendFlow's customer services by email via support@sendflow.com within 30 days after the date the error first appears on your Account History or within 60 days after the date of the disputed charge, whichever is the earlier.
Expiration of credits
A credit balance for SendFlow Services on the Account expires 180 days after the last chargeable use of the SendFlow Services and your Mobile Service have not received any new message. Credit balances that are not used within the said 180 day period will be lost.
Premium Services
Marketing
In any marketing of your Mobile Service, You are responsible for giving all the information specified on the Website, including price references with the retail price that the end users will have to pay for using your Mobile Service.
Payout
You shall receive a payment related to the number of valid uses of your Mobile Services, as determined by SendFlow. Unless otherwise agreed to by the parties in writing (including by electronic mail or via Website), your earnings will become available for paying out to You within time period (specified at the Website) after the end of each calendar month that your services were used. The payments to You can be sent by SendFlow within this time period, if Your total unpaid earnings converted to Euros is at least €50. SendFlow can change currency conversion rates at any time, without prior notice.
SendFlow will not be obliged to make any payments to You before SendFlow has received the corresponding invoicing data and payment from mobile operators.
You are aware that in case mobile operator's billing system is not available, no transaction will be registered. SendFlow cannot guarantee continuous access to operator's billing system.
You are aware that mobile operators disclaim their payment liability for transactions that the operator has failed to collect from the end users. In such event SendFlow has no payment obligation towards You.
SendFlow reserves the right to withhold payment or charge back Your account due to any breach of this Agreement by You, pending SendFlow's reasonable investigation of the breach. In the event that in SendFlow's opinion the terms of this Agreement are breached, and as a consequence SendFlow has been charged by mobile operators or refunded payments to end users, SendFlow is entitled to invoice You for such refunds, charges and all costs incurred by SendFlow.
To ensure proper payment, You are solely responsible for providing and maintaining accurate contact and payment information associated with Your account with SendFlow.
You agree to pay all applicable taxes or charges imposed by any government entity or mobile operator in connection with Your Mobile Services. In case it is required by any government entity or mobile operator, SendFlow has the right to withhold applicable taxes and charges from the payouts to You.
If You wish to dispute any payment, You should do so within 30 days of the date of receipt of such payment. Failure to do so in this period shall You be deemed to have accepted the correctness of the payment.
Payment shall be calculated solely based on records maintained by SendFlow. No other measurements or statistics of any kind shall be accepted by SendFlow or have any effect under this Agreement.
Termination & Cancellation
SendFlow Service termination/default
If you breach any representations to us or fail to perform any of the promises you made in the Terms of Service, or if you are subject to any proceeding under the bankruptcy acts or similar laws, you will be in default and we may, without notice to you, suspend the SendFlow Services and/or terminate the Terms of Service.
Cancellation of your SendFlow Services
You may cancel SendFlow Services at any time by giving us notice to support@sendflow.com. Unless otherwise stated herein, all SendFlow Services will be cancelled within five (5) days of receipt of notice from you to support@sendflow.com. If you are on a monthly subscription package termination will be effective at the end of the monthly period which follows the expiry of the give day notice period. If your payment falls due during the five day notice period you will be billed for the next month. If this is the case, no refunds will be given.
Miscellaneous
Assignment
We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service, and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.
Indemnity
You agree to indemnify and hold SendFlow and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including but not limited to reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise make available through the Service, your use of the SendFlow Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
Applicable law
The Terms of Service shall be governed by and construed in accordance with the laws the Lithuania, without giving effect to the conflict of laws or provisions of the Lithuania, or your actual state or country of residence. Any legal proceedings arising out of or relating to Agreement will be exclusively subject to the jurisdiction of the courts of Lithuania.
Entire Agreement
These general Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the rest of the Terms of Service remain enforceable.