This is an agreement between Business Texter Inc. dba: BizTexter hereinafter “Licensor” and you the Licensee, who is being licensed to use the named Software “Business Texter” or “BizTexter” hereinafter “Software.”
1. *OUR TEXTING USER INTERFACE DOES NOT SUBSTITUTE FOR LEGAL COUNSEL ON FTC TEXTING LAWS OR RULES. USE AT YOUR OWN RISK. This software is not sanctioned or approved by any government agency. Although we have provided some features that help Licensees comply with texting best practices, any use of the software is at your own risk. You MUST SEEK LEGAL COUNSEL to provide you with advice on whether your specific use or intended use of this Software is in compliance with applicable law and industry best practices.
3. Licensee acknowledges that this is only a limited nonexclusive license. Licensor is and remains the owner of all titles, rights, and interests in the Software. Licensor retains the right to cancel licenses and any agreements at-will.
4. This License permits Licensee to install the Software on more than one mobile device through normal market procedures. Licensee will not make copies of the Software or allow copies of the Software to be made by others, unless authorized by this License Agreement. Licensee may make copies of the Software for backup purposes only.
5. This Software is subject to a limited warranty. Licensor warrants to Licensee that the physical medium on which this Software is distributed is free from defects in materials and workmanship under normal use, the Software will perform according to its printed documentation, and to the best of Licensor’s knowledge Licensee’s use of this Software according to the printed documentation is not an infringement of any third party’s intellectual property rights. This limited warranty lasts for a period of 5 days after delivery. To the extent permitted by law, THE ABOVE-STATED LIMITED WARRANTY REPLACES ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, AND LICENSOR DISCLAIMS ALL IMPLIED WARRANTIES INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, NONINFRINGEMENT, OR OF FITNESS FOR A PARTICULAR PURPOSE. No agent of Licensor is authorized to make any other warranties or to modify this limited warranty. Any action for breach of this limited warranty must be commenced within one year of the expiration of the warranty. Because some jurisdictions do not allow any limit on the length of an implied warranty, the above limitation may not apply to this Licensee. If the law does not allow disclaimer of implied warranties, then any implied warranty is limited to 5 days after delivery of the Software to Licensee. Licensee has specific legal rights pursuant to this warranty and, depending on Licensee’s jurisdiction, may have additional rights.
6. In case of a breach of the Limited Warranty, Licensee’s exclusive remedy is as follows: Licensee will return all copies of the Software to Licensor, at Licensee’s cost, along with proof of purchase. (Licensee can obtain a step-by-step explanation of this procedure, including a return authorization code, by contacting Licensor at 509-954-8854 or support BizTexter.com.) At Licensor’s option, Licensor will either send Licensee a replacement copy of the Software, at Licensor’s expense, or issue a full refund.
7. Notwithstanding the foregoing, LICENSOR IS NOT LIABLE TO LICENSEE FOR ANY DAMAGES, INCLUDING COMPENSATORY, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, CONNECTED WITH OR RESULTING FROM THIS LICENSE AGREEMENT OR LICENSEE’S USE OF THIS SOFTWARE. Licensee’s jurisdiction may not allow such a limitation of damages, so this limitation may not apply.
8. Licensee agrees to defend and indemnify Licensor and hold Licensor harmless from all claims, losses, damages, complaints, or expenses connected with or resulting from Licensee’s business operations.
9. Licensor has the right to terminate this License Agreement and Licensee’s right to use this Software upon any material breach by Licensee.
10. Licensee agrees to return to Licensor or to destroy all copies of the Software upon termination of the License.
11. REFUND POLICY: Licensee is not entitled to a refund for any fees paid in any case where Licensor has incurred any costs associated with the Licensees use of the software. This may include, but is not limited to, costs for virtual numbers, voice minutes, text messages, landline removals, misuse or non-compliant use of software, etc. Monthly subscription cancellations must be requested 30 days in advance, prior to the renewal due date of the invoice.
12. CANCELLATION POLICY: Monthly subscription cancellations must be requested 30 days in advance, prior to the due date of the bill or account renewal date, whichever is earlier. Cancellation request must be in writing or by self-cancellation in Licensee account. If cancellation occurs before the due date but within 30 days, Licensor has the right to convert remaining credits to Rollover credits at their regular conversion rate. Monthly Rollovers purchased at a discount are forfeited upon cancellation or downgrading if 30-day advance notice is not given but Rollovers purchased at full retail value are not.
13. NON COMPLIANCY/VIOLATIONS POLICY: If at any time the Licensee is found to be in violation of the Telephone Consumer Protection Act (TCPA), your account will be suspended and/or canceled. Access to your service will be temporarily
suspended until further investigation and an affirmation that you have read and agreed to the terms of the Biztexter
Application Software License Agreement will be required. If you fail to comply to the affirmation of the Application
Software License Agreement within three (3) days of receiving our email notice or we find that you or someone who has access to your SMS Biztexter Texting account has violated TCPA Compliancy you will be permanently suspended and all subscription and/or rollover fees will be non-refundable.
14. This License Agreement is the entire and exclusive agreement between Licensor and Licensee regarding this Software. This License Agreement replaces and supersedes all prior negotiations, dealings, and agreements between Licensor and Licensee regarding this Software.
15. This License Agreement is governed by the law of Washington applicable to Washington contracts.
16. This License Agreement is valid without Licensor’s signature. It becomes effective upon the earlier of Licensee’s signature or Licensee’s use of the Software.