Terms & Conditions

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 account.

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.

You 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.

Zofaa Communications 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 with you.

You will comply with the textZo Privacy Policy and the Anti-Spam Policy, which may be modified by Zofaa Communications from time to time.    

   

Termination   

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.

Zofaa Communications reserves the right to delete any account data within 30 days after the date of termination    

   

   

Warranty Disclaimer   

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