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CherrySMS

Terms & Conditions

Last Updated: June 26, 2024

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. BY ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEBSITE.

This website is operated by CherrySMS. These Terms of Service apply solely to your access to, and use of, CherrySMS's websites and mobile applications which link to these Terms of Service (the "Sites"). We reserve the right to change or modify any of the terms and conditions at any time and in our sole discretion. Your continued use of these Sites following the posting of changes will confirm your acceptance of such changes.

1. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use, and disclose personally identifiable information from our users.

2. Copyright and Limited License

The Sites and all content and materials on the Sites, including CherrySMS's logo, designs, text, graphics, pictures, information, data, software, tools, and widgets (collectively, the "Site Materials") are the proprietary property of CherrySMS or its licensors. You are granted a limited, non-sublicensable license to access and use the Sites for your informational, non-commercial, and personal use only. Such license does not include:

  1. Any resale or commercial use of the Sites or Site Materials;
  2. Reproduction, distribution, public performance, or public display of any Site Materials;
  3. Modifying or making derivative uses of the Sites or Site Materials;
  4. Use of any data mining, robots, or similar data gathering or extraction methods;
  5. Downloading of any portion of the Sites or Site Materials except as expressly permitted;
  6. Any use other than for its intended purpose.

Any unauthorized use strictly prohibited and will terminate the license granted herein.

3. Repeat Infringer Policy

In accordance with the DMCA and other applicable laws, CherrySMS has adopted a policy of terminating, in appropriate circumstances, subscribers or account holders deemed to be repeat infringers. CherrySMS may also limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others.

4. Trademarks

You may not use any metatags or "hidden text" utilizing "CherrySMS" or any other name, trademark, or product or service name of CherrySMS without our prior written permission. The look and feel of the Site, including all page headers, custom graphics, button icons, and scripts, is the service mark, trademark, and/or trade dress of CherrySMS and may not be copied, imitated, or used without our prior written permission.

5. Hyperlinks

You may not use a CherrySMS logo or other proprietary graphic to link to these Sites without the express written permission of CherrySMS. You may not use framing techniques to enclose any CherrySMS trademark, logo, or other proprietary information without CherrySMS's express written consent.

CherrySMS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature, or reliability of third-party websites accessible by hyperlink from the Sites.

6. Third Party Content

We may make third-party information and other content available on or through the Sites as a service. CherrySMS does not control, endorse, or adopt any Third Party Content and makes no representations or warranties of any kind regarding the Third Party Content, including its accuracy or completeness. Users use such Third Party Content at their own risk.

7. Advertisements and Promotions

CherrySMS may run advertisements and promotions from third parties on the Site. Your dealings or correspondence with such third parties are solely between you and such third party. CherrySMS is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions.

8. Submissions

You acknowledge and agree that any feedback, questions, comments, suggestions, or ideas regarding the Site or CherrySMS provided by you are non-confidential and shall become the sole property of CherrySMS. CherrySMS shall own exclusive rights, including all intellectual property rights, to these materials for any purpose without acknowledgment or compensation to you.

9. User Content and Interactive Services

The Sites may include interactive areas in which you or other users may create, post, share, or store content, messages, materials, or data ("User Content"). You are solely responsible for your use of such Interactive Areas. By using any Interactive Areas, you agree not to post content that is unlawful, defamatory, harassing, infringing, fraudulent, harmful, or otherwise objectionable.

CherrySMS takes no responsibility and assumes no liability for any User Content posted or uploaded by you or any third party. CherrySMS reserves the right, with absolute discretion, to remove, screen, or edit any User Content posted on the Sites at any time and for any reason without notice.

10. Registration Data; Account Security

In consideration of your use of the Sites, you agree to (a) provide accurate, current, and complete information; (b) maintain the security of your password and identification; (c) maintain and promptly update your Registration Data; and (d) accept all risks of unauthorized access to your Registration Data.

11. Age Verification

Customers certify that, in the event they are sending messages related to any content or activity regulated by age verification, they have taken all necessary steps to verify the age of all recipients. Customers take sole responsibility for all activities of their account by anyone with access to their account.

12. Indemnification

You agree to defend, indemnify, and hold harmless CherrySMS, its independent contractors, service providers, and consultants, and their respective directors, employees, and agents, from and against any claims, damages, costs, liabilities, and expenses (including reasonable attorneys' fees) arising out of or related to any User Content you post, your use of the Sites, or your violation of these Terms of Service.

13. Disclaimers

THE SITES, THE SITE MATERIALS, AND THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CherrySMS DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. CherrySMS DOES NOT REPRESENT OR WARRANT THAT THE SITES OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE.

14. Limitation of Liability

IN NO EVENT SHALL CherrySMS OR ITS EMPLOYEES, AGENTS, OR VOLUNTEERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SITES OR SERVICES.

15. Applicable Law and Venue

These Terms of Service and your use of the Site shall be governed by and construed in accordance with the laws of the United States. You agree that any action at law or in equity arising out of or relating to these Terms of Service shall be filed only in the state and federal courts located in the United States.

16. Termination

CherrySMS reserves the right, without notice and in its sole discretion, to terminate your license to use the Sites, and to block or prevent your future access to and use of the Sites.

17. Severability

If any provision of these Terms of Service shall be deemed unlawful, void, or unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.

18. Refunds

All sales are final, and CherrySMS does not offer any money-back guarantees. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

21. Compatible Carriers

Compatible carriers include: AT&T, Sprint/Boost/Virgin, T-Mobile/MetroPCS, Verizon Wireless, C Spire Wireless, and many regional carriers. (T-Mobile is not liable for delayed or undelivered messages.)

22. Contact Information

For additional help, contact info@cherrysms.com or call: (716) 767-8398.