Terms of Service
This is a legal agreement between you (either an individual, company, or any other entity) and SMSBump, a service of iSense Ltd, for any software products or services developed by iSense Ltd. SMSBump services include services and products sold via smsbump.com, the Shopify App store, BigCommerce App store, WordPress App Store, OpenCart App store or isenselabs.com
By registering for, or using any of the SMSBump services, you agree that you have read, understood and accepted the terms and conditions of this agreement. You may not use our services if you do not accept this agreement, and you agree to all of the terms of this agreement. We may amend this agreement in our discretion, as when we do this, we will post the changes on our website, indicating the date when the last change has happened. Your continued use of the SMSBump service means that you accept the amendments. It is your responsibility to review this agreement for amendments.
1. You must be 18 years or older to use SMSBump
2. To access and use SMSBump services you must create an account by providing a valid email address and a valid telephone number. Any virtual, third party phone number, landline phone number will not get you through our Registration. SMSbump may cancel your Account or reject your registration for any reason in our sole discretion
3. You acknowledge that we will use your email address and/or phone number for communication purposes
4. You are responsible for all content that you send using our texting service, including text content, images, links, promotions, setting up automations etc.
5. If you violate any of the points presented in the Terms of Service SMSBump will terminate your account and halt your service
2.1 Payments that occur via smsbump.com and the platforms BigCommerce, WordPress, OpenCart are handled via PayPal. Payments that occur via the Shopify app store are taken care by the Shopify Payment Processor. If you pay for the Service acting not as you but your employer, your employer will be bound to the service. If you sign up to any of our paid plans or activate the auto recharge option the option you will be charged for the service on a recurring basis. Any plan that you purchase via us will automatically renew unless you cancel your plan.
3. Acceptable Use
3.1 You may use the service to message recipients who expect your message
3.2 To message recipients whose numbers are lawfully gathered by you. Please check our Best Use/Practices for more information on how you may gather phone numbers using opt in forms and subscribing using texting of a keyword
3.3 For transactional purposes to notify your users about the status of their order and any information concerning its shipping, packing, confirmation and payment
3.4. For marketing purposes following the local country requirements and best practices including getting consent from users that they want to receive your messages, including your business name, being brief on your offer and add a links for customers to find out more about your offers
3.5. Including a way for customers to opt-out and unsubscribe if they no longer want to receive messages from you (USA + Canada)
4. Harmful use
4.1. Use the service with purchased, leased, transferred, rented or stolen database of numbers that do not have the customers' consent for getting a message
4.2. Use the service in connection to child exploration, harassment, threats, hateful content, illegal activities, malicious or deceptive practices, scam, spam and terrorist organisations
4.3 Use your account to represent yourself as a third-party or bypass legitimate identification systems
4.4 Test or reverse-engineer the services in order to find limitations, vulnerabilities or evade filtering capabilities.
4.5 Infringe intellectual properties
4.6 SHAFT sex, hate, alcohol, firearms, tobacco content is strictly prohibited. Support of Programs that provide prohibited content is subject to permanent expiration of the entire program. Vaping or marijuana/cannabis or content relating to dispensaries falls under this prohibited content. Programs must operate according to all applicable federal and state laws and regulations.
5.1 We guarantee 99.9% uptime of our service per year during which it is expected to be operational. The 0.1% downtime equals to 8 hours, 45 minutes and 36 seconds per year. This may be planned or unplanned time when the service is expected to be non-operational.
6. Limitation of liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website, any of the ecommerce Apps (Shopify, BigCommerce, WordPress, OpenCart and the Services. SMSbump won't be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages. Our total liability for all claims made about the Service in any month will be no more than what you paid us for the Service the previous month.
7. No warranty
7.1 To the maximum extent permitted by law, we provide the material on the website of the E-Commerce Apps (Shopify, BigCommerce, WordPress, OpenCart and the Services as is. That means we don't provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. Since people use SMSBump for a number of reasons, we can't guarantee that it will meet your specific needs.
7.2 SMSBump cannot warrant that the service will be uninterrupted, timely and error-free
7.3 We cannot warrant that the quality of your service will meet your expectations
7.4 Regardless of where the parties are based at all legal cases which act as a dispute for this ToS will need to be applied to Sofia, Bulgaria district court and each party will be subject to jurisdiction of these courts
8. Suspension of Services and Refunds
8.1 If you wish to cancel your service and have not used the service at all (not send a single message) you are eligible for a refund of the payment made. Still you have to comply with the Acceptable use in order to qualify for a refund.
8.2 If wish to suspend your service via the website and have subscribed to any of the plans via PayPal you would need to follow the steps to cancel your account via PayPal: https://smsbump.com/posts/how-to-cancel-your-smsbump-subscription
8.3 If you want to cancel your account via Shopify or any other apps you need to uninstall the application.
8.4 If you use the service along with any of the points in 4. Harmful use we reserve the right to terminate your account immediately and you are not subject to any refunds whatsoever.
Last Modified: Dec 20, 2018