SMS SOFTWARE, INC.
TERMS OF SERVICE
Last Updated: December 14, 2018
These Terms of Service (“Terms”) constitute a contract between you (“you” or “your”) and SMS Software, Inc., a Delaware corporation (the “Company”). You must read and agree to these Terms before using any of the Company’s software. You may use the Company’s software only if you are in compliance with these Terms, and all applicable local, state, national, and international laws, rules and regulations.
- SERVICE OFFERED
The Company is a software company that has created CoinText software (“CoinText Software”). The CoinText Software enables users in certain countries to utilize their mobile phones to (i) create a virtual currency wallet address (for certain supported virtual currencies) and (ii) transfer the virtual currency to another wallet address of such virtual currency through the use of text messaging. The virtual currencies that the Company currently supports (the “Virtual Currencies”) for the creation of software wallets are: Bitcoin Cash (“BCH”), Litecoin (“LTC”), and Dash (“DASH”). This license agreement permits you to use the CoinText Software subject to certain conditions, rights and obligations, which are set forth in this contract. You should only use the CoinText Software if you understand the risks of virtual currency.
The CoinText Software is licensed to you without charge. In order to transfer virtual currency to and from the software wallet address on your mobile phone, the CoinText Software connects your mobile phone to servers that are operated by the Company. When you communicate a SEND message through the CoinText Software, the Company automatically collects a fee (per byte of data transmitted) for processing the transfer to another software wallet of such virtual currency. When you communicate a SEND message, the Company charges the following fees, per byte of data transferred. A fee is collected only on the messages that result in Virtual Currency moving from the sender’s Virtual Currency wallet address to another Virtual Currency wallet address. In addition to the Company’s per byte fee, you will also pay the applicable network processing fee of a Virtual Currency network server to process your transaction and any applicable text messaging fee that your mobile phone company may charge you. The amount of the fee by the Company for the use of the CoinText Software may be changed, from time to time, in the sole discretion of the Company.
- YOUR PRIVATE KEYS
The Company provides software to permit you to establish a Virtual Currency software wallet on your mobile phone. The Company does not store on its servers any public or private keys of your Virtual Currency software wallet, any phone numbers, or any backup phrases or passwords related to any Virtual Currency wallet that you establish on your mobile phone. The public and private keys for any Virtual Currency wallet that you set up using the CoinText Software only exist in working random access memory of the servers of the Company for a fraction of a second, and are removed from random access memory of the Company’s servers upon completion of a command execution by the CoinText Software.
The advantage of this function of the CoinText Software is that it can improve the security of your software wallet by limiting access to the private keys of your Virtual Currency software wallet. The disadvantage of this function of the CoinText Software is that, unless you make a copy of your private key information, you will permanently lose access to your Virtual Currency in your CoinText Software wallet if (i) you lose your mobile phone, (ii) the servers of CoinText cease transmitting transactions, or (iii) your mobile phone’s text messaging software somehow prevents your software wallet from functioning. If you are concerned about these risks of loss of any Virtual Currency that you transfer to your CoinText Software wallet, you can view and make a copy of your 51 character private key (in wallet import format) for your Virtual Currency by using the PRIVATEKEY command on your CoinText Software. For security purposes, we recommend that you delete the private key from your text messages, not let anyone else view your private key, and store the private key in a secure manner. It should be noted that your mobile phone carrier may keep a record of your text messages, including the text message that contains your private key.
If you do not understand what we have said in this part of the Terms of Service, then the Company recommends that you learn more about virtual currency before using the CoinText Software. It’s like cash. If you have a Virtual Currency software wallet on your mobile phone, when you lose your mobile phone, you lose your Virtual Currency (unless you create a backup of your private key and restore the backup on another compatible software wallet).
- USER OBLIGATIONS
(a) be of age of majority in your local jurisdiction;,
(b) be responsible for your own BCH;
(c) be responsible for keeping your Private Key private;
(d) carefully review CoinText Software commands,
(e) ensure that your mobile phone is fully updated and does not contain viruses, malware or otherwise malicious software; and
(f) ensure that your use of the CoinText Software complies with all applicable local, state, national, and international laws, rules and regulations.
You shall not:
(a) deposit any virtual currency other than the Virtual Currency applicable to your specific software wallet into any address for CoinText Software;
(b) use your CoinText Software wallet in a manner likely to interfere with other CoinText Software users or servers (e.g. excessive API calls or network spam); or,
(c) use the CoinText Software in a manner contrary to any applicable local, state, national, and international laws, rules and regulations.
- NO CONTROL OVER ANY VIRTUAL CURRENCY BLOCKCHAIN
The Company is not the creator of, nor does it have any control over, any Virtual Currency network. The CoinText Software only provides you with a Virtual Currency software wallet address for you to use. You shall be solely responsible for your choice of and use of the Virtual Currency in your wallet.
- THIRD PARTY INTEGRATIONS
The CoinText Software integrates with mobile phone carrier text messaging services and other third party services. Although the CoinText Software makes it easy to engage with integrated third parties, the Company shall not be responsible for any consequences resulting from your use of third-party integrated services. If you require assistance with a third-party integration, then you should contact that third party.
The only authentic record of Virtual Currency transactions is the applicable blockchain of such Virtual Currency. The CoinText Software provides functionality that allows you to send transfer instructions to send your Virtual Currency from one software wallet to another software wallet. The successful transactions you perform using the CoinText Software shall be stored on the blockchain of the applicable Virtual Currency. You must ensure that your transactions conform to the applicable rules of the software for the Virtual Currency. There may be network fees associated with Virtual Currency transactions that are required by the Virtual Currency’s software algorithms. The Company shall not be responsible for any losses you incur due to network fees required by any Virtual Currency network or caused by any problems related to the software of the Virtual Currency.
- LIMITED INTELLECTUAL PROPERTY LICENSE
The Company licenses the CoinText Software to you on a personal, non-exclusive, royalty-free, non-transferable, worldwide-basis, for the purpose of (i) holding the Virtual Currency in the CoinText Software wallet and (ii) transferring the Virtual Currency to another software wallet. You are not permitted to redistribute the CoinText Software, modify any code or use any CoinText Software content, including images and text, as part of any other software or project of any kind. You must obtain the Company’s written permission before acting contrary to copyright law or the terms of this clause.
- THIRD PARTY LIBRARIES
The CoinText Software contains software libraries developed by third parties. The Company may provide third party software libraries to you as part of the CoinText Software, but the Company shall not be considered to be the owner or licensor of the third party libraries. Please refer to and respect the relevant third-party licenses.
- SUBMITTED FEEDBACK AND IDEAS
If you choose to provide feedback on the features or functions of the CoinText Software (“Submitted Feedback”) then, you shall be deemed to have given permission to the Company to incorporate your Submitted Feedback into the CoinText Software. The Company shall be free to make use of your Submitted Feedback without royalty or obligation of any kind.
- SPECIFICALLY DISCLAIMED RISKS
Using virtual currency wallet software necessarily entails many risks. The Company specifically disclaims, and shall have no liability to you for, the following risks:
(a) mobile phone system failures;
(b) interactions between your hardware, software and the CoinText Software;
(c) cloud backup software (e.g. certain Android or Apple distributions) may upload your private files/information to third party services; and,
(d) malware, viruses or other malicious software on your device that is able to take control of or interfere with the CoinText Software; and,
(e) communication delays between your CoinText Software and a node or relay service for Virtual Currency (and vice versa); and,
(f) failure to achieve a certain market value/price for Virtual Currency, whether through a third-party service or any other kind of transaction (i.e. due to delays); and,
(g) theft of your device or your Virtual Currency.
The Company cannot restore access to your funds should you lose access for any reason. If you lose your phone can lose all your Virtual Currency. If you allow someone else to use your phone can lose all your Virtual Currency. If you lose your phone number you can lose all your Virtual Currency. If you allow someone to access your private key, you can lose all your Virtual Currency.
- NO WARRANTY
The CoinText Software is provided to you at no cost, “as-is” and without any warranty whatsoever, to the maximum extent permissible by law. Without limiting the generality of the foregoing, the Company does not warrant that the CoinText Software is fit for your purpose, even if you have previously provided notice of your intended purpose, and does not warrant that the CoinText Software will operate in a bug-free manner.
- LIMITATION OF LIABILITY
The Company’s liability to you shall not, under any circumstances, exceed $50 of United States currency. Notwithstanding any term of this agreement, the Company shall not be liable for any losses or damages that result from providing free technical support to you.
You agree to indemnify the Company against any claims, damages, losses or legal fees incurred due to your use (or misuse) of the CoinText Software.
No action or inaction of the Company shall be considered a waiver of any right or obligation by the Company.
This contract may be amended by the Company, from time to time, at any time. If you do not agree to the amended terms, then your sole remedy shall be to cease using the CoinText Software.
You may not assign this agreement. The Company may assign this agreement, at any time, to its successors and assigns.
- GOVERNING LAW
This contract shall be governed by the internal substantive laws of the State of New Hampshire, United States, without respect to its conflict of laws principles. Notwithstanding the preceding sentence with respect to the substantive law, any arbitration conducted pursuant to the terms of these terms shall be governed by the American Arbitration Association, pursuant to its Commercial Arbitration Rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. You agree to submit to the personal jurisdiction of the federal and state courts located in the state of New Hampshire for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the arbitration provision below, including any provisional relief required to prevent irreparable harm. You agree that New Hampshire is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Please read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from the Company. For any dispute with the Company, you agree to first contact us at [email protected]. and attempt to resolve the dispute with us informally. In the unlikely event that the Company has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to these Terms, or the breach or alleged breach of these Terms, by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association, including the Optional Rules for Emergency Measures of Protection, in force on the date on which the notice of arbitration is submitted in accordance with those rules. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. The arbitration will be conducted in the City of Nashua, State of New Hampshire, in English, unless you and the Company agree otherwise. The award rendered by the arbitrator may include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing the Company from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of the Company’s data security, intellectual property rights, or other proprietary rights.
- ENTIRE AGREEMENT
These Terms are the entire agreement between the parties and supersedes any other agreement, representations (or misrepresentations), or understanding, however communicated.