1. Service Description
The Service enables Firms to send and receive SMS messages to their Clients through TaxDome’s integration with Twilio. The Service is provided on an «as-is» and «as available» basis. TaxDome makes no warranties or representations regarding the availability, accuracy, reliability, or quality of the Service.
2. Firms. Use of the Service
2.1 Compliance with Applicable Laws
You agree not to use the Service for any unlawful, fraudulent, or malicious purposes. Prohibited activities include, but are not limited to:
2.2 Prohibited Activities
You agree not to use the Service for any unlawful, fraudulent, or malicious purposes. Prohibited activities include, but are not limited to:
a. Sending unsolicited or unauthorized SMS messages.
b. Transmitting any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable.
c. Impersonating any person or entity or misrepresenting your affiliation with any person or entity.
d. Uploading, transmitting, or distributing any virus, malware, or other harmful software.
e. Interfering with or disrupting the integrity or performance of the Service or any related systems or networks.
f. Attempting to gain unauthorized access to any part of the Service or its related systems or networks.
2.3 Client Consent and Privacy
You represent and warrant that you have obtained all necessary consents and permissions from your Clients to send SMS messages to them through the Service. You are responsible for complying with all applicable laws and regulations regarding data protection and privacy, including obtaining and maintaining any required consents and providing appropriate notices to your Clients.
2.4 Client Opt-Out
You hereby affirm that if any recipient of your SMS messages responds with the word “STOP,” their mobile phone number will be promptly and permanently removed from your messaging list. Upon receiving a “STOP” response, you are obligated to ensure that no further SMS communications are sent to that particular phone number.
2.5 Protection of Mobile Numbers
You are committed to protecting the privacy and security of your Clients. The mobile phone numbers provided by your Clients for messaging services will be used solely for the purposes for which they were provided and will not be shared with any third-party entities without explicit consent, except as required by law.
2.6 Message Frequency
The frequency of messages sent to your Client’s mobile phone may vary, but it will not exceed 100 one-way messages per day. This limit is based on user preferences and the specific nature of our service. You reserve the right to change the frequency of messages sent as necessary for the effective delivery of our service. In the event of any significant changes to the frequency of message dispatch, users should be duly notified.
For two-way communications, the number of messages is not limited, as it depends on the client’s needs for consultation and the number of their requests.
2.7 Message and Data Rates Disclosure
Please be aware that standard message and data rates may apply for any messages sent to or received from Firms messaging services. These rates are determined and billed by your mobile service provider. We recommend consulting with your mobile service provider for details on specific rates and charges that may apply to you. We are not responsible for any charges incurred by the user for any mobile messages received or sent
2.8 Twilio Account and Costs
To use the Service, you must register your brand through TaxDome’s integration with Twilio and agree to their terms of service. You are solely responsible for any costs associated with the use of the Twilio services, including but not limited to fees for sending SMS messages.
3. Clients. Use of the Service
3.1 Consent to Receive SMS Messages
By providing your mobile phone number during the registration for a personal account, you expressly consent to receive SMS messages from the Firm about services, updates, and other relevant information.
3.2 Message Frequency
The frequency of SMS messages from the Firm may vary. The expected message frequency will not exceed 100 one-way messages per day. However, Firms reserve the right to change this frequency as needed.
3.3 Standard Message and Data Rates
Standard message and data rates may apply to any SMS messages sent to or received from the Firm. Charges incurred will be billed by and are payable to your mobile service provider. We recommend consulting with your service provider for detailed information on these charges.
3.4 Opt-Out Procedure
You have the option to opt out of receiving SMS messages from the Firm at any time by:
- Replying with “STOP” to any SMS message from the Firm.
- Contacting Firm employee to request an opt-out.
Please be aware that opting out of SMS messages may affect your access to and enjoyment of certain services provided by the Firm.
4. Intellectual Property Rights
To the maximum extent permitted by applicable law, TaxDome shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use or inability to use the Service, including any damages for loss of profits, data, or goodwill, even if TaxDome has been advised of the possibility of such damages.
4.1 TaxDome Ownership
TaxDome retains all right, title, and interest in and to the Service, including all intellectual property rights. This Agreement does not grant you any ownership rights or licenses to the Service, except as expressly provided herein.
4.2 Firm Content
You retain all ownership rights to the content you transmit through the Service, including any SMS messages sent to your Clients. By using the Service, you grant TaxDome a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, adapt, publish, translate, and distribute such content for the purpose of providing the Service.
5. Limitation of Liability
To the maximum extent permitted by applicable law, TaxDome shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or relating to the use or inability to use the Service, including any damages for loss of profits, data, or goodwill, even if TaxDome has been advised of the possibility of such damages.
6. Indemnification
You agree to indemnify, defend, and hold harmless TaxDome and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising from your use of the Service, your breach of this Agreement, or your violation of any applicable laws.
7. Termination
TaxDome may, at its sole discretion, terminate or suspend your access to the Service at any time and for any reason, without prior notice or liability. Upon termination, all licenses and rights granted to you under this Agreement will immediately cease.
8. Miscellaneous
8.1 Entire Agreement
This Agreement constitutes the entire agreement between TaxDome and Firms with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
8.2 Modification
TaxDome reserves the right to modify or update this Agreement at any time. Any changes to the Agreement will be effective upon posting the revised version on TaxDome’s website or providing notice to you. Your continued use of the Service after any such changes constitutes your acceptance of the modified Agreement..
8.3 Governing Law and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the jurisdiction in which TaxDome is registered, without regard to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted in the federal or state courts located in the jurisdiction where TaxDome is registered.
8.4 Severability
If any provision of this Agreement is determined to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
By using the Service, you acknowledge that you have read, understood, and agreed to be bound by this Agreement.
9. Refund policy
Firms acknowledge and agree that there will be no refunds for brand registration fees, Twilio monthly fees, SMS top-ups, or any other fees associated with the use of the Service. Once fees are paid, they are non-refundable, regardless of whether the Service is fully utilized or if Firms decide to discontinue the use of the Service. TaxDome shall have no obligation to provide any refunds or credits for unused SMS messages, account balances, or any other unused portions of the Service.
Firms are solely responsible for managing their account balance and ensuring that sufficient funds are available to cover the costs of SMS messages sent through the Service. TaxDome shall not be liable for any losses, damages, or liabilities arising from insufficient account balances or any resulting disruption or termination of the Service due to the lack of funds.
This no-refund policy applies regardless of the reason for the termination or suspension of the Service, including but not limited to violations of this Agreement, account closure, or discontinuation of the Service by either party.
Firms acknowledge that this no-refund policy is a fundamental aspect of the pricing and availability of the Service, and they agree to abide by this policy.
By using the Service, Firms acknowledge and agree to the no-refund policy described in this section.
10. Non-Payment and Risk of Number Loss
Firms utilizing the Service acknowledge and agree that failure to pay the Twilio monthly fee or any other fees owed to Twilio, the provider of the SMS services, through TaxDome, may result in the risk of losing the registered phone number associated with the Firm’s account.
TaxDome shall not be responsible or liable for any loss of the registered phone number due to non-payment of fees to Twilio. It is the sole responsibility of the Firm to ensure timely payment of all fees to Twilio to maintain the registration and ownership of their phone number.
Firms acknowledge and understand that the loss of a registered phone number may result in the inability to send SMS messages through the Service or the need to re-register a new phone number, which may involve additional costs and administrative efforts.
TaxDome shall not be liable for any losses, damages, or liabilities arising from the loss of a registered phone number due to non-payment of fees to Twilio.
By using the Service, Firms acknowledge and agree to the risk of losing the registered phone number associated with their account in the event of non-payment of fees to Twilio. Firms are solely responsible for maintaining their account in good standing with Twilio to avoid any disruption or loss of the registered phone number.