loading

Terms & Conditions

Effective date: January, 1 2022.

Introduction

This agreement governs the relationship between TextCOR and the Customers using TextCOR Platform and/or TextCOR Services. In this Agreement, “You,” “your,” and “Customer” refers to you personaly, unless you are accessing or using our services on behalf of an organization.This Agreement constitutes a legally binding contractual relationship between you and TextCOR governing your use of the TextCOR Platform, TextCOR website(s), TextCOR services, analytics and all other associated features of the TextCOR products. Please read this Agreement carefully. To use the TextCOR products, you must accept all of the terms of this Agreement. These terms may be altered from time to time as the TextCOR service expands and it is the Customer’s responsibility to ensure that they are always up to date and to re-read this document from time to time. By continuing to use the TextCOR products you explicitly agree to comply with and be subject to the terms of this Agreement.

Your privacy is of paramount importance to TextCOR. Upon acceptance of this Agreement, you confirm that you have read, understood and accepted TextCOR’s Privacy Policy. We do not share any business specific information with any parties whatsoever.

Definitions

Unless the context otherwise clearly indicates, words used in the singular include the plural, the plural includes the singular, and the neuter gender includes the masculine and the feminine.

TextCOR – TextCOR LLC, a company duly registered and operating under the Florida, USA legislation, registered with the Commercial register to the Florida Registry agency under L22000008954, with registered address: 2412 Irwin ST, Melbourne FL 32901, USA, represented by the Executive Director-David Cardona, hereinafter referred to as ‘TextCOR’.

TextCOR Customer, “You,” “your,” and “Customer” – any natural person of at least 18 years of age or legal entity, exercising commercial activity, meeting the requirements of TextCOR under this Agreement, with access to TextCOR and/or using TextCOR products. By using TextCOR products [and by agreeing to these terms and conditions] you warrant and represent that you are at least 18 years of age.

TextCOR Platform – TextCOR provides customers access to a customizable marketing platform and an Application to Person communication module accessible via TextCOR Apps.

TextCOR Services – TextCOR provides additional services free or with a charge related to operating the TextCOR platform by TextCOR customers, for example, but not limited to Marketing Strategy Consulting, SMS communication packages etc.

TextCOR Apps – apps, providing access to a customizable Texting marketing platform.

TextCOR products – means any and all of the TextCOR Platform, TextCOR Services, TextCOR Apps, etc.

CONFIDENTIAL INFORMATION – shall include any and all confidential and/or proprietary information, technology and know-how, commercial and business information, monthly reports with collected purchase information, related to either Party and/or its affiliates, as well as negotiations and discussions pertaining thereto is disclosed in whatever form by one party to the other, including but not limited to any and all research, products, services, developments, inventions, processes, algorithms, specifications, prototypes, modules, designs, equipment, demos, analyses, computer programs, records, reports, data, methods, techniques, notes, drawings, marketing and clients’ information, financial information, pricing materials and any other data or information.

Agreement – means this agreement and all of its modifications and amendments.

General

TextCOR will provide access to TextCOR Platform and/or TextCOR Services during the validity of this agreement.

Use of the TextCOR Platform & TextCOR Services

Customer Registration

Any Customer, meeting the requirements under this Agreement, can use TextCOR products.

To receive access to TextCOR Platform, the Customer needs to choose a TextCOR plan and install any of the TextCOR Apps on its compatible Device. If you applied to receive access to TextCOR Platform via TextCOR website(s) or any other website wich is integrated with the TextCOR Platform, it will be contacted via TextCOR support to decide on the integration level between TextCOR Platform and your system.

Created account shall be protected by password, determined by the Customer. Each Customer is obliged to protect their Account password and not provide it to unauthorized third parties. In case of violation of this clause, Customer shall bear all and any responsibility in case the violation results in any kind of breach of or unauthorized access to Customers account.

By registering with TextCOR Apps you represent and warrant to us that: (a) you are at least eighteen (18) years of age, and (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under this Agreement as or on behalf of the Customer.

You agree that in order to use TextCOR website(s), TextCOR Apps and Services properly, you have to update them regularly as you may be informed by TextCOR. You need to install any updates by TextCOR or authorize TextCOR Apps to install updates automatically. TextCOR cannot be held liable in case of any failure of TextCOR website(s), TextCOR Apps and TextCOR Services due to any omission by the Customer for updating the TextCOR website(s), TextCOR Apps and TextCOR Services.

The access to TextCOR Apps and TextCOR Platform is provided by TextCOR not by EPOS system provider or other platform TextCOR products might be available on.

TextCOR can release new versions of any of the TextCOR Apps and Customers needs to subsequently use the latest version.

TextCOR Marketing Platform Use

You agrees and accepts that when creating a marketing campaign through any of the TextCOR Apps and TextCOR Platform, the latter creates and determines its own Terms and Conditions (T&C) and privacy policy thereof, as well as any text, content, rewards and other requisites of the marketing campaign.

Any marketing campaign you run via TextCOR Apps must comply with our privacy policy thereto needs to be available for review and acceptance by all Subscribers. Any marketing campaign shall at all times observe the clauses of this Agreement and in particular shall not breach clauses of Section ‘Restrictions’ herein below.

Customer determines and sets its own communication (text, visuals, content, rewards, etc.) with its customers. Any communication with Subscribers shall at all times observe the clauses of this Agreement and in particular shall not breach clauses of Section ‘Restrictions’ herein below.

You can contact your subscribers and send information regarding any marketing created by the latter through the TextCOR Platform. If you uploads any personal data such as names, address or phone number, he must ensure that such data has been received with the proper opt-in consent, according to the applicable federal or other legislation.

TextCOR Customers will ensure that all rewards sent to Subscribers are compliant with the laws in the jurisdiction where the rewards are provided. Customer determines and is responsible for sending, delivery and receipt of any rewards by customers.

Before using any TextCOR product, You has to ensure confirmation and explicit consent by all its Subscribers to participate in the marketing campaign and confirmation and prior express written consent to receive any communication via TextCOR Platform as required by the TCPA and other applicable laws. You has to ensure explicit consent of all customers that their personal data, as submitted with the marketing campaign, may be provided to TextCOR and collected and processed by TextCOR.

You agrees to indemnify, defend, and hold harmless TextCOR from and against any and all liability, costs or damages, without limitation, arising out of a dispute resulting from any claim of unlawful conduct by You, including anuathorized or deceptive communications, collection or disclosure of personal data, or otherwise.

TextCOR has the right to adjust, ban, suspend or terminate Customer’s usage of the TextCOR Platform in case Customer violates any of the above warranties. TextCOR reserves the right to monitor at all times and evaluate the communications send through TextCOR Platform.

Intellectual Property. License

Subject to Customer’s compliance with this Agreement, TextCOR grants you a non-exclusive, non-transferable, non-sub licensable and revocable license (for the term during which this Agreement is in effect and applicable between the Parties) to: (i) install any of the TextCOR Apps solely on compatible devices owned or controlled by You; (ii) access and use the TextCOR website(s), TextCOR Platform, TextCOR Apps and TextCOR Services on devices owned or controlled by You. For the avoidance of doubt, this license is provided by TextCOR and not any EPOS companies TextCOR products are available on or its agents, subcontractors, representatives or employees. TextCOR will have the right to terminate the access to the Custmer login area of TextCOR website(s) if you breach the Agreement or your account is terminated for any reason.

All intellectual property rights and any improvements, modifications, enhancement or refinements accordingly of all software, source codes, and/or mobile applications, data base, materials with text, pictures, videos or other images and sounds provided by TextCOR, are solely owned by TextCOR. Conclusion of this Agreement grants to You only the rights as specified in previous paragraph and does not construe or represent transfer of other intellectual property rights whatsoever.

In addition to the above, the Parties explicitly agree that TextCOR website(s) and TextCOR Apps contain materials with text, pictures, videos or other images and sounds which are protected by Intellectual Property or other Intellectual Property Rights. TextCOR possess all intellectual property rights and other rights over the intellectual property or their use is permitted by the owner of the intellectual property rights for use in TextCOR website(s). All trademarks used in TextCOR website(s) are either property of TextCOR or their use is authorized by the trademarks owners.

TextCOR reserves the right to add, remove or modify any Service(s) offered free or with a charge to TextCOR or add, remove or amend features from TextCOR Platform at its sole discretion without notice to any party at any time.

By entering into this Agreement, You grants TextCOR with all and any rights to use, publish on TextCOR website(s), TextCOR Apps and TextCOR Platform any brand, logo, trademark, company name, etc. owned by You. Customer must at any times own all intellectual property rights for any objects of intellectual property You uses or publishes, or provides to TextCOR. In case You does not own these intellectual property rights, the latter must ensure and obtain permission from the relevant intellectual property holder(s) to use and publish such object of intellectual property, before providing them to TextCOR or using them with any TextCOR product. You agrees to indemnify, defend, and hold harmless TextCOR from and against any and all liability, costs or damages, without limitation, arising out of a dispute resulting from infringement of the intellectual property rights of another Customer or of any third party.

Restrictions

Specific Use

You will use the TextCOR platform for internal business use and lawful purposes only; you agree that you will not use the TextCOR platform or send marketing in relation to the following businesses and activities:

  • money laundering;
  • terrorism or propaganda;
  • pornography, escort services and sale and/or advertising of sexual services;
  • betting, in case you do not own the respective certificates or licenses for such activities;
  • credit counselling;
  • foreign currency activities;
  • multi-level marketing businesses;
  • any illegal activity.

    • You warrants and undertakes at any time during the validity of this Agreement and upon any use of TextCOR Platform and/or TextCOR products that the latter:


  • will not send SPAM;
  • will not violate commonly acceptable rules and guidelines as well as any legal and statutory provisions, acts, etc.;
  • will not use the TextCOR Platform for pornography, illegal goods and/or any terrorist and propaganda activities, etc. and will not send messages that violate or harm someone’s dignity, integrity or self-esteem; will not send libelous, defamatory, inaccurate, sexually explicit, unlawful, obscene, false, misleading, racially or ethnically offensive or objectionable messages.
  • will not use TextCOR Platform for any competitive activities and shall not use TextCOR Platform or any know-how provided by and/or contained in TextCOR Platform for own benefit outside TextCOR.

    • You cannot use any TextCOR product in case the latter is a person, legal entity, group or similar, sanctioned for major offences in the United States of America or other jurisdictions.

    Customer is allowed to use the TextCOR products for its own business only. You, in any case shall not sell, rent or lease, modify or change, copy any tangible versions of the TextCOR products, remove any of the programs, export or re-export TextCOR products.

    You, shall not have the right to modify, adapt etc. any TextCOR product. Customer is forbidden from creation of competing products, use of personal data, sending inappropriate messages or use means different to TextCOR Platform to un/subscribe users from Your's marketing programs.

    Fees, Pricing, Payment Terms

    Subscription Plans & Fees

    TextCOR offers subscription plan(s) to use TextCOR products where the features included in each plan and subscription fees are visible on TextCOR website(s) and/or EPOS companies App Market listings etc. and/or other platforms. TextCOR offers free trial for customers to be able to use TextCOR Platform and/or TextCOR Services and decide whether to stop using it after free trial period expiration or become paying TextCOR. TextCOR may decide at its sole discretion to revoke the free trial offer at any time without notice. If there are any unused text messages (SMS) provided to the Customer in the respective subscription plan within the billing cycle, these will expire with the end of the billing cycle.

    TextCOR reserves the right to change the subscription fee and notify the Customer, such change will come into effect in 7 days after notification and the Customer can choose to pay the new fee or cancel their subscription. The previous notwithstanding, any fees for existing Customers cannot be raised, unless the Customer has subscribed to a different level of Service or upgrades/downgrades the already subscribed Service.

    TextCOR reserves the right to charge additional fees for additional services provided. You will be prompt to accept the additional fees when the latter chooses to use the additional services.

    You are responsible for any sales tax, duties etc. arising from the use of TextCOR products.

    Payment Terms & Refunds

    If a Customer is using TextCOR Platform and/or Services via TextCOR Apps, the subscription fee will be debited from the associated payment method with Your account. Failure to obtain the fee accordingly will result in termination of the Service to you.

    If you wish to cancel your subscription during the billing cycle you could be entitled for refund of the unused portion of the provided TextCOR Services on a monthly basis.

    Term & Termination, Survival

    Start date of the agreement – upon installation of any of the TextCOR Apps, this Agreement comes into effect for unlimited term until the Customer uses any TextCOR product.

    Automatic Renewal – this Agreement and provision of services will be provided to the Customer on a recurring basis until the Customer cancels its subscription or TextCOR terminates this Agreement. You will be billed as usual each month until cancellation.

    Agreement termination by TextCOR – TextCOR reserves the right to suspend or terminate with immediate effect Agreement with You and cease Your access to the TextCOR Platform under any of the below conditions without prior notice or requires consent. By no means is the list exhaustive.


  • The payment method(s) on file cannot be billed;
  • Breach of the Agreement by the TextCOR Customer and especially the provisions of Section ‘Restrictions’ above;
  • If the Customer participates in dishonest or fraudulent behavior, impersonating another person etc.;
  • Use of robots etc. for sending messages, compromise system integrity, load the infrastructure, uploading invalid data or viruses, interfering with the proper use of any TextCOR product, bypassing the measures to restrict access;
  • Use of the tool to collect personal information or use the tool for sending unsolicited messages or advertisements;
  • Violation of any EPOS system provider terms of use TextCOR products are be available on;
  • In case the Customer is out of business, in insolvency etc. dissolution, merger or acquisition of the Customer.

    • Free trial conditions – Customer has a free trial period, afterwards, if not cancelled by You, the latter will be billed according to the subscription plan You has chose.

    Termination by the Customer – if any of the TextCOR Apps is uninstalled by You, latter will not be charged starting the subsequent billing cycle –There is no fee associated with the Customer cancellation.

    Dispute resolution; Governing Law

    TextCOR will help in the resolution of disputes between You and consumers with regard to rewards or point’s cash back where; there are errors etc.; TextCOR will have the right to unilaterally, without notice or consent, adjust any points related to a consumer purchase with a particular Customer.

    All entry errors or rewards errors will be handled case by case after sending email to support@textcor.com.

    TextCOR will attempt to resolve any disputes between TextCOR and TextCOR`'`s Customer on good faith first.

    Jurisdiction – This Agreement shall be exclusively subject to the Florida law. Any disputes arising out of or in connection with the performance of the Agreement, shall be settled in amicable way by the Parties and if they fail to achieve agreement, the dispute shall be referred to the competent Florida, United State court.

    Indemnification

    You agrees to cover and bear any and all fees, sanctions, expenses and damages of TextCOR resulting from any violation of the clauses of this Agreement.

    Limitation of liability. Disclaimer.

    Parties explicitly agree that Customer alone is the seller of the products and/or services the Customer supplies. You are solely responsible for redeeming customers’ rewards and for providing the products and/or services of the Customer. In this regard, TextCOR excludes all liability for any damage, loss, consequential loss, bodily harm or any other adverse effect which may arise from use of Customer’s products and/or services. TextCOR is not liable for any rewards or point’s cash back that the consumer is to be provided by a You using TextCOR Platform and/or TextCOR Services.

    TextCOR is not liable for Customer’s use of the TextCOR products or services purchased by TextCOR Customer.

    TextCOR is not liable for any damages arouse from disputes between a TextCOR Customer and a consumer participating in a marketing program run by TextCOR Customer on the TextCOR Platform.

    TextCOR is not liable for: any device You are using TextCOR products on; data corruption etc.; errors in the TextCOR Platform or TextCOR Services.

    TextCOR excludes all liability in respect of:


  • loss of revenue;
  • loss of actual or anticipated profits;
  • loss of contracts;
  • loss of the use of money;
  • loss of anticipated savings;
  • loss of business;
  • loss of opportunity;
  • loss of goodwill;
  • loss of reputation;
  • loss of, damage to or corruption of data; and indirect or consequential loss.

    • In any event the liability of TextCOR shall be limited to the fees received by TextCOR from the Customer during the 12 month period prior to the event(s) giving rise to the liability.

    Changes to the agreement or privacy policy: TextCOR shall inform all TextCOR Customers for any changes or modifications to this Agreement or Privacy policy. All notifications shall be send via the email provided by the Customer.

    Confidentiality – Both Parties shall be obliged not to disclose the confidential information, as well as after the Agreement’s termination. The disclosure shall involve submission by whatever means and form of the very information to third parties. The foregoing shall not prohibit disclosure (a) to professional advisors who are bound by a professional duty of confidentiality or (b) as required by law or by a regulatory body, tax authority or securities exchange.

    Assignment – You will not have the right to transfer all or part of its rights and obligations towards TextCOR under this Agreement. TextCOR may transfer all or part of its rights and obligations under this Agreement to other entities within the TextCOR group or third parties, only after sending a written notice to the Customer.

    Amendment – This Agreement may be amended by TextCOR from time to time, upon at least 7 days’ notice to the Customer, via the email provided by the Customer.

    Severability – If any provision of this Agreement is prohibited by law or judged by a court to be invalid, illegal or otherwise unenforceable, such provision shall not affect the other provisions of this Agreement and the enforceability of the remainder of the Agreement shall not be affected.

    Force Majeure – Neither TextCOR, nor Customer shall be considered in breach of this Agreement to the extent that performance of their respective obligations (excluding payment obligations) is prevented by an Event of Force Majeure that arises after the Effective Date.

    Entire Agreement – This Agreement constitutes the whole agreement in respect of the Services and you confirm that you have not entered into this Agreement on the basis of any representation that is not expressly incorporated herein.