textZo (the "Services"), a product of Zofaa Communications (Zofaa.com). textZo is
a web based software application that offers businesses and web site operators a
software application for HTML design, email list management and statistical analysis
tools. textZo cannot be used for does not allow unsolicited commercial emails (UCE).
For more detail on UCE please see our Anti-Spam Policy. By ticking the check box
at the end of the trial form stating ‘Accept terms and conditions' you are agreeing
to these terms and conditions.
The textZo Service and Support offering
All Services provided by textZo are subject without limitation to textZo’s Privacy
Policy and textZo’s Anti-Spam Policy. textZo may modify the terms of the Agreement
and may discontinue or change any aspects of the Services at its sole discretion.
Any changes to the application or the terms and conditions become effective upon
those changes being made live on the www.textZo.com
The Services are subject to
monthly subscription fees or pre-paid (pay-as-you-go) fees. textZo reserves the right
to suspend an account if need be.
Monthly subscriptions are billed monthly, in advance,
according to the Fee Schedule selected by you at sign up. Monthly send credits expire
at the end of each month, but extra send credits which can be purchased by client’s
with subscriptions do not. The pricing for extra send credits can change at any time.
In the event that monthly subscription fees are changes, your fee will remain at
the level at which you signed up.
Pay-as-you-go credits are purchased in advance
at the set price for the amount you intend to purchase. These pay-as-you-go credits
remain on your account until you have used them. In the event that you purchase pay-as-you-go
credits your account will remain open as long as one (1) send credit remains on your
Payment to textZo is made through Paypal. If you take a monthly subscription,
you are authorizing Zofaa Communications to charge your credit card a set amount
on a regular basis. The date upon which the charge will be levied is the monthly
renewal date of your Subscription. If textZo is for any reason unable to deduct the
monthly payment from your credit card, you will be notified via email and your textZo
account will be suspended until payment is received.
Refund Policy - Given at least
5 working days notice in writing, textZo may at their discretion make a full or partial
refund of unused Credits for the remaining period to the textZo Subscription.
Restrictions and Responsibilities
TextZo reserves all rights other than those expressly granted in this Agreement,
and no licenses are granted except as expressly set forth herein.
You will not contest
the validity of textZo with regard to trademarks or other brand features or content
during the term of this Agreement, or after the expiration of this Agreement.
acknowledge that textZo and Zofaa Communications owns all rights, titles and interests
in and including any and all proprietary rights.
textZo may only be used in compliance
with the US CAN-SPAM Act and the European Privacy Directive and all other applicable
laws. You may not use third party mailing lists to distribute unsolicited email to
any third party. You agree to indemnify and hold harmless textzo and Zofaa Communications
against any damages, losses, liabilities, settlements, and expenses in connection
with any claim or action that arises from an alleged violation of any national or
international laws resulting from your illegal use of textZo.
textzo and Zofaa Communications
reserves the right to monitor the newsletters created by you and your use of textZo.
Zofaa Communications reserves the right to remove any content or immediately suspend
use of textZo, if it believes that use is: 1) in violation of any national or international
laws; 2) constitutes pornography; or 3) is excessively violent or contains harassing
content or hate speech; 4) improperly exposes trade secrets or other confidential
information of another person; or 5) is otherwise malicious, fraudulent, or may result
in retaliation against textZo by offended recipients.
textZo will automatically append
an "unsubscribe" link to all outgoing email which will allow visitors to remove themselves
from your mailing list. Zofaa Communications may immediately suspend your textZo
account if you make any attempt to remove or disable this link.
textZo will automatically
append a "Powered by textZo" footer and link to textZo to all outgoing email. Zofaa
Communications may immediately suspend your textZo if you make any attempt to remove
or disable this footer and link, unless you have come to a commercial agreement with
Zofaa Communications about the removal of the footer and link.
will not share information you may upload (such as email addresses, name, contact
information, or images) to a second or third party. Your customer information will
not be shared with any other parties, unless required under law. Zofaa Communications
will not use your customer information for the purpose of sending unsolicited commercial
e-mail. Zofaa Communications may use this information and any technical information
about your use of the Services to facilitate your use of textZo or in communications
which may be modified by Zofaa Communications from time to time.
This Agreement will have a term beginning on the payment date of the first monthly
subscription or on the payment date of the first purchase of pay-as-you-go credits.
You may terminate this Agreement at any time by following the cancellation instruction
available from within the application or by sending an email to info@textZo.com.
Zofaa Communications may immediately terminate this Agreement and suspend access
to textZo without refund if you are in violation of any of terms outlined in this
agreement. Zofaa Communications is not liable for any commercial damage to you as
a result of it’s decision to terminate or suspend your textZo account.
reserves the right to delete any account data within 30 days after the date of termination
THE TEXTZO APPLICATION AND ANY RELATED SERVICES ARE PROVIDED “AS IS” WITH NO WARRANTY,
AND Zofaa Communications EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED, REGARDING
SUCH SERVICES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE OR NON-INFRINGEMENT AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING
OR COURSE OF PERFORMANCE.
Each Party agrees to indemnify and hold harmless the other
party from and against any losses, claims, liabilities, damages or expenses, including
reasonable attorney’s fees, directly arising from a material breach of this agreement
by the other party.
Limitation of Liability
Each Party agrees to indemnify and hold harmless the other party from and against
any losses, claims, liabilities, damages or expenses, including reasonable attorney’s
fees, directly arising from a material breach of this agreement by the other party