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Terms of Use

Recent updates to this Terms of Use
The services offered by Jaxtr, Inc. (“JaxtrSMS” or “we”) include the JaxtrSMS website at www.JaxtrSMS.com as well as any other related websites, widgets, or other distribution channels we may, from time to time, operate (collectively, the “JaxtrSMS Website”) and any other features, content, services or applications offered, from time to time, by JaxtrSMS (collectively, the “JaxtrSMS Services”).
This Terms of Use Agreement (“Agreement”) sets forth the legally binding terms for your use of the JaxtrSMS Services. By using the JaxtrSMS Services, you agree to be bound by this Agreement, whether you are a “Visitor” (which means that you simply browse a JaxtrSMS Website) or you are a “Member” (which means that you have signed up with JaxtrSMS.com). The term “User” refers to a Visitor or a Member. You are only authorized to use the JaxtrSMS Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to the terms of this Agreement. Please read this Agreement carefully and save it. If you do not agree with it, you should leave the JaxtrSMS Website and discontinue use of the JaxtrSMS Services immediately. If you wish to become a Member, communicate with Members and make use of the JaxtrSMS Services, you must read this Agreement and indicate your acceptance of its terms during the registration process.
JaxtrSMS may modify this Agreement from time to time and any such modification will be effective upon its posting by JaxtrSMS on the JaxtrSMS Website. You agree to be bound to any changes to this Agreement when you use the JaxtrSMS Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
By registering as a Member, you authorize JaxtrSMS to collect and display information about you that is publicly displayed elsewhere on the Internet. You understand that if you wish JaxtrSMS to stop displaying such information, you may make your Contact page private or terminate your membership. You further understand that JaxtrSMS cannot control the activities of third parties who may cache copies of your Contact page while it is publicly displayed, and that your information may remain on display on such cached pages after you make your Contact page private or terminate your Membership.
JaxtrSMS will not be responsible, and disclaims all liability, for displaying information about you on the Service that is publicly available on the Internet.

Eligibility.

Use of and Membership in the JaxtrSMS Services is void where prohibited. By using the JaxtrSMS Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 13 years of age or older; and (d) your use of the JaxtrSMS Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we suspect that you are under 13 years of age.

Term.

This Agreement will remain in full force and effect while you use the JaxtrSMS Services or are a User. You may terminate your membership at any time, for any reason, by visiting our Support site. JaxtrSMS may terminate your membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 6-24.

Fees.

You acknowledge that JaxtrSMS reserves the right to charge for the JaxtrSMS Services and to change its fees from time to time in its discretion. See sections 22 and 23 below for specific terms relating to our paid services and products.

Password.

When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify JaxtrSMS immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.

Commercial Use of JaxtrSMS.

The JaxtrSMS Services are for the personal use of Users only. JaxtrSMS Members may use the JaxtrSMS Services for one-to-one commercial communications with their existing customers. JaxtrSMS Members may also make general commercial announcements via postings on their Contact Page or any other area of the Services expressly authorized by JaxtrSMS. All other unsolicited advertising and commercial use is prohibited. Illegal and/or unauthorized use of the JaxtrSMS Services, including collecting usernames and/or email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the JaxtrSMS Website is strictly prohibited. Commercial advertisements, affiliate links, and other forms of solicitation in violation of this provision may be removed from posted content without notice and may result in termination of Membership privileges. Appropriate legal action may be taken for any illegal or unauthorized use of the JaxtrSMS Services.

Proprietary Rights in Content on JaxtrSMS website.

JaxtrSMS does not claim any ownership rights in the text, files, images, photos, video, sounds, musical works, works of authorship, or any other materials or works of authorship (collectively, “Content”) that you post to the JaxtrSMS Services. After posting your Content to the JaxtrSMS Services, you continue to retain all ownership rights in such Content, and you continue to have the right to use your Content in any way you choose. By displaying or publishing (“posting”) any Content on or through the JaxtrSMS Services, you hereby grant to JaxtrSMS a limited license to use, modify, publicly perform, publicly display, publish, reproduce, distribute, list information regarding, edit, translate, and make derivative works of such Content and your name, voice, and/or likeness as contained in such Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed for use solely in connection with the JaxtrSMS Services.
Without this license, JaxtrSMS would be unable to provide the JaxtrSMS Services. The license you grant to JaxtrSMS is non-exclusive (meaning you are free to license your Content to anyone else in addition to JaxtrSMS), fully-paid and royalty-free (meaning that JaxtrSMS is not required to pay you for the use on the JaxtrSMS Services of the Content that you post), sublicensable (so that JaxtrSMS is able to use its affiliates and subcontractors such as Internet content delivery networks to provide the JaxtrSMS Services), and worldwide (because the Internet and the JaxtrSMS Services are global in reach). This license will terminate at the time you remove your Content from the JaxtrSMS Services, but you understand that your Content may remain on JaxtrSMS pages cached by third parties, or archived on JaxtrSMS servers, after you remove it from the Service. The license does not grant JaxtrSMS the right to sell your Content, nor does the license grant JaxtrSMS the right to distribute your Content outside of the JaxtrSMS Services.
You represent and warrant that: (i) you own the Content posted by you on or through the JaxtrSMS Services or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your Content on or through the JaxtrSMS Services does not violate the privacy rights, publicity rights, intellectual property rights, contract rights or any other rights of any third party. You agree to pay for all royalties, fees, and any other monies owing any person by reason of any Content posted by you to or through the JaxtrSMS Services.
The JaxtrSMS Services contain proprietary content that is protected by copyright, trademark, patent, trade secret and other laws in the United States and around the world (the “JaxtrSMS Content”). JaxtrSMS owns and retains all rights in the JaxtrSMS Content and the JaxtrSMS Services. JaxtrSMS hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the JaxtrSMS Content (excluding any software code) solely for your personal use in connection with viewing the JaxtrSMS Website and using the JaxtrSMS Services.
The JaxtrSMS Services contain Content of Users and other JaxtrSMS licensors. Except for Content posted by you, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the JaxtrSMS Services.

Content Posted.

Please choose carefully the content you post on the JaxtrSMS Website and that you provide to other Users. You may not use JaxtrSMS Website or JaxtrSMS Services to post, disseminate or communicate any obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. Despite this prohibition, content communicated by other Users may contain inaccurate, inappropriate, offensive or sexually explicit material, products or services, and JaxtrSMS assumes no responsibility or liability for this material. If you become aware of misuse of the JaxtrSMS Services, please contact us in writing by visiting our Support site.
JaxtrSMS may delete any Content that in the sole judgment of JaxtrSMS violates this Agreement or that may be offensive or illegal, or violate the rights, harm, or threaten the safety of any person. JaxtrSMS assumes no responsibility for monitoring the JaxtrSMS Services for inappropriate Content or conduct. If, at any time, JaxtrSMS chooses, in its sole discretion, to monitor the JaxtrSMS Services, JaxtrSMS nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.
You are solely responsible for the Content that you post on or through any of the JaxtrSMS Services, and any material or information that you transmit to other Members and for your interactions with other Users. JaxtrSMS does not endorse and has no control over the Content. Content is not necessarily reviewed by JaxtrSMS prior to posting and does not necessarily reflect the opinions or policies of JaxtrSMS. JaxtrSMS makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to, or receive from, other Members.

Content/Activity Prohibited.

The following is a partial list of the kind of Content that is illegal or prohibited to post on or through the JaxtrSMS Services. JaxtrSMS reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including private messages) by you, or to restrict, suspend, or terminate your access to all or any part of the JaxtrSMS Services at any time, for any or no reason, with or without prior notice, and without liability. JaxtrSMS further reserves the right to investigate and take appropriate legal action against anyone who, in JaxtrSMS’s sole discretion, violates this provision. Prohibited Content includes, but is not limited to, Content that in the sole discretion of JaxtrSMS:
- may constitute or contribute to a crime or tort;
- contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, or otherwise objectionable;
- contains any information or content that is illegal;
- contains any information or content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- exploits people in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter or contains a link to an adult website;
- solicits personal information from anyone under 18;
- promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files;
- involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing, instant messaging, “spimming,” or “spamming”;
- contains restricted or password only access pages or hidden pages or images (those not linked to or from another accessible page);
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other Users;
- involves unauthorized commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, or pyramid schemes;
- includes a photograph of another person that you have posted without that person’s consent; or
- uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile.

The following is a partial list of the kind of activity that is illegal or prohibited on the JaxtrSMS Website and through your use of the JaxtrSMS Services. JaxtrSMS reserves the right to investigate and take appropriate legal action against anyone who, in JaxtrSMS’s sole discretion, violates this provision, including without limitation, reporting it to, and cooperating fully with, law enforcement authorities. Prohibited activity includes, but is not limited to:
- criminal or tortious activity, including child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, stalking, spamming, spimming, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
- advertising to, or solicitation of, any Member to buy or sell any products or services through the JaxtrSMS Services, except as expressly permitted in this Agreement. You may not transmit any chain letters or junk email to other Members. It is also a violation of these rules to use any information obtained from the JaxtrSMS Services in order to contact, advertise to, solicit, or sell to any Member without their prior explicit consent, except as expressly permitted in this Agreement. If you breach this Agreement and send unsolicited bulk email, instant messages or other unauthorized, unsolicited communications of any kind through the JaxtrSMS Services, you acknowledge that you will have caused substantial harm to JaxtrSMS, but that the amount of such harm would be extremely difficult to ascertain. As a reasonable estimation of such harm, you agree to pay JaxtrSMS $50US for each such unsolicited email or other unsolicited communication you send through the JaxtrSMS Services;
- covering or obscuring the banner advertisements on your personal profile page (if any), or any JaxtrSMS page via HTML/CSS or any other means;
- any automated use of the system, such as using scripts to make calls or send messages;
- interfering with, disrupting, or creating an undue burden on the JaxtrSMS Services or the networks or services connected to the JaxtrSMS Services;
- attempting to impersonate another Member or person or to register for multiple accounts;
- copying the code for the widget or link of another JaxtrSMS Member and posting it anywhere without the Member’s prior approval;
- using the account, username, or password of another Member at any time or disclosing your password to any third party or permitting any third party to access your account;
- selling or otherwise transferring your profile;
- using any information obtained from the JaxtrSMS Services in order to harass, abuse, or harm another person; or
- using the JaxtrSMS Services in a manner inconsistent with any and all applicable laws and regulations.
- JaxtrSMS is a strictly peer to peer message delivery platform and one should not use it to send any kind of Marketing messages. You might also be liable for a strict action, punishment, penalty according the law, if you are found not following the laws or if a complaint is lodged by the receiver of the SMS with the competent authorities. In case of not following the laws, JaxtrSMS will not be responsible or liable in any way for the same. You number will also be reported to the Authorities as SPAM sender and if any user is found violating the terms and conditions their account will be banned.
- In case a commercial SMS is sent using JaxtrSMS (delivered using 10 digit number), the number will be disconnected on second violation.

Your Communications and Messages on JaxtrSMS.

The JaxtrSMS Services include certain services that may be available via your mobile phone such as placing or receiving calls, receiving text messages or interacting with JaxtrSMS-related WAP pages to reply to text messages (collectively, the “Mobile Services”). Regardless of whether we charge a fee for the Mobile Services, your mobile carrier’s normal messaging, calling, data and other rates and fees will still apply. Accessing or using certain Mobile Services may be prohibited or restricted by your carrier, and certain Mobile Services may not work with certain carriers, plans or devices. You should check with your carrier to find out if the Mobile Services are available for you, and what restrictions, if any, may be applicable to your use of such Mobile Services. By using the Mobile Services, you agree that we may communicate with you via SMS, MMS, text message or other electronic means to your mobile device and that certain information about your usage of the Mobile Services may be communicated to us.
You understand and agree that JaxtrSMS will make reasonable efforts to retain your messages on JaxtrSMS according to JaxtrSMS’s then-current retention policy. JaxtrSMS does not guarantee that it will retain your messages and assumes no liability for deletion of your messages. If you have questions about JaxtrSMS’s retention policy, please contact us via our Support site.

Availability and Quality of Service.

JaxtrSMS will try to provide the JaxtrSMS Services with minimum disruptions. However, JaxtrSMS cannot guarantee that the JaxtrSMS Services will always function as intended. In addition, JaxtrSMS may from time to time have to suspend or impair use of the JaxtrSMS Services in order to improve or repair them.
If you have been allocated a JaxtrSMS direct dial number to call a phone or another JaxtrSMS Member, or if your contact has received a JaxtrSMS direct dial number to reach you, you acknowledge and understand that the allocation and distribution of such numbers does not constitute any transfer of any property or other rights with respect to the numbers. JaxtrSMS will try to assign direct dial numbers that are as geographically close to the caller as possible where available, but cannot guarantee such availability or allocation. JaxtrSMS is entitled to refuse, change or terminate any number allocated to you at any time for any reason, including but not limited to: (i) if you don’t comply with this Agreement, (ii) if you don’t comply with any reasonable instructions given by JaxtrSMS and/or its partners in relation to the usage of such numbers, and/or (iii) if the number is withdrawn, terminated or changed by any of JaxtrSMS’s telecommunications partners for any reason.

Emergency Communications.

JaxtrSMS is not a replacement for traditional communications services. Under no circumstances should JaxtrSMS be used to make emergency calls to hospitals, law enforcement agencies, or any other type of emergency service of any kind. If someone else uses your JaxtrSMS account, you agree that it is your responsibility to inform that user that it is not possible to make emergency communications through JaxtrSMS.

Copyright Policy.

You may not post, modify, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. It is JaxtrSMS’s policy to terminate Membership privileges of any Member who repeatedly infringes the copyright rights of others.
In accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”), if you believe that your work has been copied and posted on the JaxtrSMS Services in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the JaxtrSMS Services; (iv) your address, telephone number, and email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. JaxtrSMS’s Copyright Agent for notice of claims of copyright infringement can be reached as follows: Copyright Agent, Sabse Technologies Inc., 82 Pioneer Way, Suite 109, Mountain View, California 94041, United States; or by contacting Support.

JaxtrSMS Communications.

It is our policy to provide notifications, whether such notifications are required by law or are for Service related purposes, to you via email or, written or hard copy notice, or through conspicuous posting of such notice on our website, as determined by JaxtrSMS in its sole discretion. By providing JaxtrSMS your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as updates, user communications, newsletters, changes to features of the Service, or JaxtrSMS offers. Certain Users are also provided the option of receiving JaxtrSMS notifications on their phone through SMS messages. If you do not want to receive certain email or SMS messages, you may opt out by contacting us in writing by visiting our Support site. Opting out may prevent you from receiving valuable messages regarding updates, improvements, offers, or communications from other users. JaxtrSMS reserves the right to send you notices about your account even if you opt out of all voluntary email notifications.

User Disputes.

You are solely responsible for your interactions with other Users. JaxtrSMS.com reserves the right, but has no obligation, to monitor disputes between you and other Users. We are not responsible for the conduct, whether online or offline, of any User of the JaxtrSMS Services.

Privacy and Payment Information.

We care about the privacy of our Users. Click here to view our Privacy Policy. Your information may be stored and processed in any country in which JaxtrSMS and its service providers maintain facilities, including outside of the EU. In this regard, or for purposes of sharing or disclosing data in accordance with this Agreement, JaxtrSMS reserves the right to transfer information outside of your country. By using the JaxtrSMS Services, you consent to any such transfer of information outside of your country. By providing JaxtrSMS with your payment information, including but not limited to credit card information and billing address, you authorize JaxtrSMS to share such information with third parties in order to process your payment, and to store such information for fraud detection purposes. In addition, if you grant your permission, JaxtrSMS may store your payment information for your convenience when making future purchases. Payment information you provide to JaxtrSMS constitutes “personal information” as described in our Privacy Policy.

Third Party Websites.

The Service, including without limitation Content created and posted by Members, may contain links to other websites. We are not responsible for the content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by JaxtrSMS. Inclusion of any linked website on the JaxtrSMS Services does not imply approval or endorsement of the linked website by JaxtrSMS. When you access these third-party sites, you do so at your own risk. We take no responsibility for third party advertisements that are posted on this JaxtrSMS Website or through the JaxtrSMS Services, nor do we take any responsibility for the goods or services provided by our advertisers.

Disclaimers

THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, JaxtrSMS, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT POSTED ON OR COMMUNICATED BY THE SERVICES IS ACCURATE, RELIABLE OR CORRECT; THAT THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DOWNLOADED AT YOUR OWN RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD.
JaxtrSMS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JaxtrSMS SERVICES OR ANY HYPERLINKED WEBSITE OR SERVICE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JaxtrSMS WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR OTHER JaxtrSMS USERS.

Limitation on Liability.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, JaxtrSMS’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO JaxtrSMS FOR THE JaxtrSMS SERVICES DURING THE PREVIOUS YEAR OF MEMBERSHIP.
The Services are controlled and operated from JaxtrSMS’s facilities in the United States. JaxtrSMS makes no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are entirely responsible for compliance with local law, including but not limited to export and import regulations. Unless otherwise explicitly stated, all materials found on the Services are solely directed to individuals, companies, or other entities located in the U.S.

U.S. Export Controls.

Software available in connection with the JaxtrSMS Services (the “Software”) is further subject to United States export controls. No Software may be downloaded from the JaxtrSMS Services or otherwise exported or re-exported in violation of U.S. export laws. Downloading or using the Software is at your sole risk.

Disputes

If there is any dispute about or involving the JaxtrSMS Services, you agree that the dispute will be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco. Either JaxtrSMS or you may demand that any dispute between JaxtrSMS and you about or involving the JaxtrSMS Services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (“AAA”) (available at http://www.adr.org/commercial_arbitration) in San Francisco, California, USA, provided that the foregoing will not prevent JaxtrSMS from seeking injunctive relief in a court of competent jurisdiction.

Indemnity.

You agree to indemnify and hold JaxtrSMS, its subsidiaries, and affiliates, and their respective officers, directors, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of the JaxtrSMS Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the JaxtrSMS Website or through the JaxtrSMS Services causes JaxtrSMS to be liable to another.

Additional Terms For The Use of Paid Services and Products.

In order to use JaxtrSMS paid services and products (“Paid Products”), you need to purchase jax credits (“jax”) for your account (“Account”).

Payment.

You may purchase pay-as-you-go calling credits by credit card, PayPal, or other means which may be made available by JaxtrSMS. Payments are either made manually by you, or through the automatic Call Drop Protection function activated by you at your option. The optional Call Drop Protection feature enables ongoing availability of the JaxtrSMS Services as follows: If your Account balance goes below $0.50 while your call is in progress, JaxtrSMS will automatically add $10 to your Account balance, and charge your credit card on file with JaxtrSMS, so that you can continue your call uninterrupted. If you choose to activate the Call Drop Protection feature, you authorize this recurring transaction.

Resale.

You agree not to resell the Paid Products to third parties.

Rates and Fees.

When placing or receiving calls, JaxtrSMS will debit your Account based on its current rates and fees as published on the JaxtrSMS Website. You are solely responsible for monitoring these rates and fees before use of the Paid Products. JaxtrSMS reserves the right to change the rates and fees at any time without notice. If you do not wish to accept such changes, you are entitled to terminate the Account. You agree that by using the Paid Product after any rate change, you accept the rate and fees posted at the time that you use the Paid Product. Unless stated otherwise, all jax purchase rates are stated in US dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes.

Accounting.

The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. During the call, charges incurred will be deducted automatically from your Account.

Promotional and Award jax.

From time to time, you may be granted promotional or award jax for free. You may not use false or misleading efforts, including without limitation registering for multiple Accounts, to earn additional promotional or award jax. If JaxtrSMS suspects such misuse, it reserves the right to terminate your access to your Account immediately. Any promotional jax awarded are non-refundable. Promotional jax will expire 30 days from the award date, unless otherwise specified.

Restrictions.

JaxtrSMS does not guarantee that you will be able to use jax towards the purchase of all future JaxtrSMS paid products as some products may need to be purchased separately.

Expiration of calling credits.

Your pay-as-you-go calling credits expire 180 days after your most recent purchase. Therefore, if you make a new pay-as-you-go purchase prior to the expiration date of unused credits, the expiration date for such unused credits is extended by 180 days. The expiration date of your pay-as-you-go credits is shown on the billing history section of your Account page. Purchased credits that are not used prior to expiration will be lost. It is your responsibility to note the expiration date of your credits and use them prior to expiration.

Refund Policy.

- If you terminate your Account, you can request a refund for unused, unexpired jax you have purchased by contacting us through our Support site. Refund requests carried out through other means shall not be eligible for a refund. No refunds shall be given for jax credit acquired through awards, promotions, vouchers or gifts. Upon a duly submitted refund request, JaxtrSMS will refund you the current value of your unused, unexpired purchased jax. JaxtrSMS reserves the right to deny repetitive refund requests or charge a processing fee for all refunds processed.
- JaxtrSMS will refund the unused, unexpired balance of your purchased jax in the event that JaxtrSMS terminates your Account without cause.
- All refunds shall be paid to the Member who initially purchased the Paid Product, either through the original payment method used, or any other reasonable payment method to be determined by JaxtrSMS in its sole discretion. It may take up to 30 days to process refunds from the date of your valid request.
- If you believe that JaxtrSMS has charged you in error, you must contact us through our Support site within 60 days of the contested charge. No refunds will be given for any charges which are more than 60 days old.

Tax.

The value added tax (“VAT”) generally applies if you are located in the EU. Local taxes may apply in certain countries. Certain territories in the EU are exempt from VAT. The JaxtrSMS Services do not enable this VAT exemption, and we therefore do not provide the Paid Products in such territories.

Additional Terms For The Use of Premium Memberships.

In order to use the premium features ("Features") and jax credits ("jax") associated with JaxtrSMS Premium Membership subscriptions ("Premium Memberships"), you need to purchase a Premium Membership or be awarded a Premium Membership by us for your account ("Account").

Payment.

You may purchase a Premium Membership by credit card, PayPal, or other means which may be made available by JaxtrSMS. Payments are either made manually by you, or automatically upon renewal of the membership term. If you choose to pay for your Premium Membership monthly, every 3 months or annually (as applicable), you acknowledge and agree that this is a recurring payment and payments shall be made to JaxtrSMS by the method you have chosen at the recurring intervals chosen by you, until the Premium Membership is terminated by you or by JaxtrSMS.

Resale.

You agree not to resell the Premium Memberships or any jax granted in conjunction with them to third parties.

Rates and Fees.

When placing or receiving calls, JaxtrSMS will debit your Account based on its current rates and fees as published on the JaxtrSMS Website. You are solely responsible for monitoring these rates and fees before using the JaxtrSMS Services. JaxtrSMS reserves the right to change the rates and fees at any time without notice. If you do not wish to accept such changes, you are entitled to terminate the Account. You agree that by using the JaxtrSMS Service after any rate change, you accept the rate and fees posted at the time that you use the JaxtrSMS Service. Unless stated otherwise, all Premium Membership purchase rates are stated in US dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes.

Accounting.

The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. During the call, charges incurred will be deducted automatically from your Account.

Promotional and Award jax.

From time to time, you may be granted promotional or award Premium Memberships for free. You may not use false or misleading efforts, including without limitation registering for multiple Accounts, to earn additional promotional or award jax or Premium Memberships. If JaxtrSMS suspects such misuse, it reserves the right to terminate your access to your Account immediately. Any promotional jax or Premium Memberships awarded are non-refundable. Any jax awarded in conjunction with a Premium Membership will expire 30 days from the award date, unless otherwise specified.

Restrictions.

JaxtrSMS does not guarantee that you will be able to use jax granted in conjunction with your Premium Membership towards the purchase of all future JaxtrSMS paid products as some products may need to be purchased separately.

Expiration of jax.

Jax granted in conjunction with your Premium Membership expire 30 days after purchase (or award) date. The expiration date of your jax is shown on the billing history section of your Account page. Those jax that are not used prior to expiration of the original or renewal term, as applicable, will be lost. It is your responsibility to note the expiration date of your jax and use them prior to expiration.

Changes and Termination.

- You may switch between different levels of Premium Memberships at any time, subject to a maximum of 3 times per month.
- You may request cancellation of a Premium Membership at any time by contacting us online through our Support site and providing clear written notice of such request or via the "cancellation" function in the "Account" section of the service. When JaxtrSMS receives your cancellation request, JaxtrSMS will not renew your Premium Membership at the end of the monthly billing cycle, at which point your Premium Membership will be cancelled. JaxtrSMS will notify you of such cancellation via email.
- Additionally, JaxtrSMS may terminate a Premium Membership, or any Members's access to and use of the JaxtrSMS Services, at any time at its sole discretion, with or without cause, which termination shall be effective immediately. If you violate these Terms of Use, JaxtrSMS in its sole discretion may, but is not obligated to (a) require you to remedy any violation thereof and/or (b) take any other actions that JaxtrSMS deems appropriate to enforce its rights and pursue available remedies.
- All payments for Premium Memberships are nonrefundable, and upon termination, cancellation or discontinuation of a Premium Membership for any reason by either party, you will not receive a refund for any Premium Membership fees or other amounts previously charged to you, or for any unused portion of any Premium Membership. Upon termination of your Account, any Content you have stored on the JaxtrSMS Website may no longer be retrieved, so you should make a backup copy of any such Content on a regular basis and before terminating your Account.

Please update your JaxtrSMS Account promptly with regards to any changes to your email or credit card information. If the credit card designated on your account is invalid and cannot be billed for the renewal Premium Membership fee, then JaxtrSMS may terminate your Account for nonpayment. If JaxtrSMS does not have a current, working email address, then you may not receive important notices from us regarding your Account, which may include notices regarding termination.

Tax.

The value added tax ("VAT") generally applies if you are located in the EU. Local taxes may apply in certain countries. Certain territories in the EU are exempt from VAT. The JaxtrSMS Services do not enable this VAT exemption, and we therefore do not provide the Paid Products in such territories.

Future Changes.

JaxtrSMS reserves the right to withdraw or change the Premium Memberships at any time. If JaxtrSMS changes the Features included in your Premium Membership, JaxtrSMS will send a notification by e-mail, stating the changes and their effective date. If you do not wish to accept these changes, you are entitled to terminate your subscription, by contacting us through our Support site, with effect from the date on which the changes are due to take effect.

Other.

This Agreement is accepted upon your use of the JaxtrSMS Website or any of the JaxtrSMS Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and JaxtrSMS regarding the use of the JaxtrSMS Services. The failure of JaxtrSMS to exercise or enforce any right or provision of this Agreement will not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. JaxtrSMS is a trademark of Jaxtr, Inc. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
Please contact us in writing by visiting our Support site with any questions regarding this Agreement.