Terms and Conditions

By using the services provided by CRMarketing ApS., which operates under the name SMSWIZ and is located at Vesterbrogade 41 B, 1., DK-1620 København V, Denmark, you are entering into a binding agreement with SMSWIZ, subject to the following terms and conditions. The Terms set out the rights and obligations of both you and SMSWIZ when using the services (referred to collectively as “Services”). By registering, installing, accessing, or using any of SMSWIZ’s applications, services, features, software, or website, you agree to these Terms, including SMSWIZ’s Privacy Policy and other policies on its website, which are incorporated into these Terms. When using the Services on behalf of an organization, you confirm that you have the authority to bind that organization to these Terms and that the terms “you” will refer to that organization. In these Terms, SMSWIZ is referred to as “we,” “us,” or “our” and you are referred to as “you,” “your,” or “Customer.”

Updates to the Terms

SMSWIZ reserves the right to modify and update these Terms at any time by posting the revised Terms. Such amendments shall replace all prior versions, and unless otherwise notified by SMSWIZ, the changes shall take effect immediately on the date indicated at the top of these Terms. By publishing the updated Terms, SMSWIZ considers it as adequate notice of the changes introduced to the Terms. Your continued use of SMSWIZ Services constitutes your agreement to comply with any such revisions and amendments.

Age

If you are under the legal age of consent in your country to enter into an agreement, you should only use our Services if you have the permission of your parent or legal guardian. You must only use our Services if you can fully understand and comply with these Terms. Our Services are not intended for use by children under 13 years old, or any other minimum age required in your country for you to register or use our Services.

Access to the Services and Security of Customer Accounts

SMSWIZ may require certain information in order to provide Services to you. You must ensure that the provided information is true, complete, and accurate. SMSWIZ has the right to suspend or terminate your account and prevent you from accessing our Services or any of its resources if SMSWIZ believes the information is not correct, complete, and accurate. The Customer shall promptly notify SMSWIZ if any of their relevant information changes.

The Customer is solely responsible for all use (whether or not authorized) of SMSWIZ Services under Customer’s account(s). Customer is also solely responsible for all use and for all acts and omissions of anyone who has access to Customer’s application and/or account. Customer is responsible for keeping their device and account safe and secure. The Customer agrees to take all reasonable precautions to prevent unauthorized access to or use of SMSWIZ Services and will notify SMSWIZ promptly of any unauthorized access or use. SMSWIZ shall not be liable for any loss or damage arising from unauthorized use of Customer’s account and will not be liable for any loss that Customer may incur as a result of someone else using Customer’s account, either with or without Customer’s knowledge.

Customer must provide certain devices, software, and data connections to use SMSWIZ Services, which SMSWIZ otherwise does not supply. Customer also consents to receive notifications from SMSWIZ from time to time, as necessary, to provide SMSWIZ Services to the Customer.

Intellectual Property Rights and Licenses

Under this section, it is explained that Intellectual Property Rights include various types of rights such as patents, trademarks, copyrights, service marks, moral rights, confidential information, and other similar rights. SMSWIZ or its licensors own all copyrights, trademarks, logos, trade secrets, patents, and other Intellectual Property Rights associated with SMSWIZ Services. Customers who use SMSWIZ Services do not acquire any ownership rights over the Service, trademarks, logos, patents, or any other intellectual property of SMSWIZ or any materials contained therein. However, in order to operate and provide SMSWIZ Services, the Customer grants SMSWIZ a limited license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that the Customer uploads, submits, stores, sends, or receives on or through SMSWIZ Services.

If the Customer infringes the intellectual property rights of others, SMSWIZ may take action with respect to the Customer’s account, including disabling or suspending it.

Third-Party Services

This section explains that SMSWIZ Services may allow the Customer to access or interact with third-party websites, applications, content, and other products and services that cooperate with SMSWIZ to provide certain Services. However, these Terms apply only to the use of SMSWIZ Services. The use of third-party services is governed by their own terms and privacy policies.

SMSWIZ is not responsible for the accuracy, copyright compliance, legality, or any other aspect of the content of such sites. The Customer acknowledges that the use of such sites is subject to their respective terms of use.

User Content

SMSWIZ reserves the right to remove or refuse to distribute any user content on the Service, and to suspend, block, or terminate the Customer’s account, without any liability to SMSWIZ. This includes cases where such user content violates these Terms or any additional terms or is otherwise objectionable, at the sole discretion of SMSWIZ.

Limitation of Liability 

SMSWiz.net shall not be liable for any loss, damage, injury, or claim, nor any special, indirect, incidental, consequential, exemplary or punitive damages of any kind, whether such action is based in tort, contract, negligence, strict liability, or otherwise and even if SMSWiz.net has been advised of the possibility of such damages, which arises out of or relates in any way to: (i) the Site, materials in the Site, or the inability to use the Site; (ii) any Third-Party Site, materials in any Third-Party Site, or the inability to use any Third-Party Site; (iii) any defect, omission, error, interruption, delay, or computer virus; or, (iv) except as a result of SMSWiz.net’s gross negligence or intentional actions, the unauthorized alteration of or access to your transmissions or personal data.

If you live in a state that does not allow the limitation of liability for certain damages, the above limitation of liability or a portion of it may not apply to you. However, you agree that SMSWiz.net’s total liability for all damages, losses, injuries, or claims of any kind or nature shall be limited to the amount you have paid to access the website in any case. These Terms of Use are effective until terminated by either party. You may terminate these Terms of Use at any time by discontinuing all use of the information on the website and destroying any materials you have obtained from it, including all related documentation and copies. SMSWiz.net may also terminate these Terms of Use and/or the products or services offered by SMSWiz.net at any time without notice if, in our sole judgment, you breach any term or condition of these Terms of Use. Upon termination, you must stop all use of the information on the website and destroy any materials you have obtained from SMSWiz.net, including all related documentation and copies. SMSWiz.net reserves the right to terminate all or part of the website at any time without notice to you.

These Terms of Use state the entire agreement with regard to the items discussed above.

SMSWiz.net Legal Department
Vesterbrogade 41 B, 1., DK-1620 København V