Falkon SMS Terms of Service
These Terms of Service govern your use of the website located at https://www.falkonsms.com/ and any related services provided by FalkonSMS.com.
By accessing https://www.falkonsms.com/ you agree to abide by these Terms of Service and comply with all applicable laws and regulations. If you do not agree with these Terms of Service, you are prohibited from using or accessing this website or using any other services provided by FalkonSMS.com.
We, FalkonSMS.com, reserve the right to review and amend any of these Terms of Service at our sole discretion. Upon doing so, we will update this page. Any changes to these Terms of Service will take effect immediately from the date of publication.
These Terms of Service were last updated on 19 July 2021.
Changes to Our Services
We are always looking to innovate and make Falkon SMS Service better. As a result, the Company may, at any time, without notice or liability, update the Services and Company Properties. Such updates may require you to update third-party software (for example, your device's operating system) from time to time to continue to use the service and company properties.
Before you can use our services, you must first create an account and provide us with some basic information, such as your full name, telephone number, email address, and account password. All information you provide about yourself while maintaining a Falkon SMS account must be accurate, complete, and current.
You are solely responsible for all use(whether authorized or not) of our services under your account(s). You are solely responsible for all access and use of your account and all acts and omissions of anyone who has access to it.
Keep your password and let us know if it is compromised. If we believe you misuse our Service, we can terminate your account and forward your information to law enforcement if appropriate.
You are responsible for maintaining the confidentiality of your password. You agree to take all reasonable precautions to prevent unauthorized access to or use of our services, and you will notify us promptly of any unauthorized use(s) of your user account or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. We will not be liable for any loss or damage arising from unauthorized use of your account.
Any suspected fraudulent, abusive, or otherwise illegal activity related to our Services may be grounds for suspension or termination of your user account at Falkon SMS's sole discretion, and you may be reported to appropriate law-enforcement agencies.
We may make additional features and products offered by third parties("Add-ons") available on our Service. Your use of Add-ons available through our Service is subjected to these terms.
Limitations of Use
By using this website, you warrant on behalf of yourself, your users, and other parties you represent that you will not:
modify, copy, prepare derivative works of, decompile, or reverse engineer any materials and software contained on this website;
remove any copyright or other proprietary notations from any materials and software on this website;
transfer the materials to another person or "mirror" the materials on any other server;
knowingly or negligently use this website or any of its associated services in a way that abuses or disrupts our networks or any other service Falkon SMS.com provides;
use this website or its associated services to transmit or publish any harassing, indecent, obscene, fraudulent, or unlawful material;
use this website or its associated services in violation of any applicable laws or regulations;
use this website in conjunction with sending unauthorized advertising or spam;
harvest, collect, or gather user data without the user's consent; or
use this website or its associated services in such a way that may infringe the privacy, intellectual property rights, or other rights of third parties.
The intellectual property in the materials contained in this website are owned by or licensed to Falkon SMS.com and are protected by applicable copyright and trademark law. We grant our users permission to download one copy of the materials for personal, non-commercial transitory use.
This constitutes the grant of a license, not a transfer of title. This license shall automatically terminate if you violate any of these restrictions or the Terms of Service and may be terminated by Falkon SMS.com at any time.
Payment and fees
You hereby authorize Falkon SMS to charge your credit card as set forth in the payment method section of the registration form to the monthly services fee displayed on the pricing page.
You agree to pay fees when due via the payment method outlined in the payment section.
The subscription fee for the Falkon SMS will be charged to your payment method on the specific billing date according to your previous subscription date. The length of your billing cycle depends on the type of subscription you choose when you sign-up for the Service. In some cases, your payment date may change, for example, if your payment method has not successfully settled because of credit card payment issues or if your paid subscription began on a day not contained in a given month. You can check your payment history from the Falkon SMS application.
Falkon SMS's service subscription fees are executive of any applicable Sales Tax, Vat taxes, and use taxes, utility user's fees, excise taxes, any other business and occupations taxes, 911 taxes, franchise fees and universal service fund fees or taxes and carrier surcharges impose on or concerning our services whether these taxes are imposed directly on you or Falkon SMS(collectively, the "Taxes"). Suppose any Services, or payments for any Services, under the terms are subjected to taxes to Falkon SMS. In that case, you will be responsible for the payment of such taxes and any related penalties or interest to a relevant tax authority, and you will indemnify Falkon SMS for any liability or expense we may incur in connection with such taxes. Upon our request, you will provide us with official receipts issued by the appropriate taxing authority or other such evidence that you have paid all applicable taxes. For this section, "sales Tax" shall mean any sales or use tax, and any additional tax measured by sales proceeds, that Falkon SMS is permitted to pass to its customers, that is, the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax. For this section, Taxes do not include any taxes imposed on or measured by the net income, property tax or payroll taxes of Falkon SMS.
Our website and the materials on our website are provided on an 'as is' basis. To the extent permitted by law, Falkon SMS.com makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability fitness for a particular purpose, or non-infringement of intellectual property, or other violation of rights.
In no event shall Falkon SMS or its suppliers be liable for any consequential loss suffered or incurred by you or any third party arising from the use or inability to use this website or the materials on this website, even if Falkon SMS.com or an authorized representative has been notified, orally or in writing, of the possibility of such damage.
In the context of this agreement, "consequential loss" includes any consequential loss, indirect loss, real or anticipated loss of profit, loss of benefit, loss of revenue, loss of business, loss of goodwill, loss of opportunity, loss of savings, loss of reputation, loss of use and/or loss or corruption of data, whether under the statute, contract, equity, tort (including negligence), indemnity, or otherwise.
Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Accuracy of Materials
The materials appearing on our website are not comprehensive and are for general information purposes only. Falkon SMS.com does not warrant or make any representations concerning the accuracy, likely results, or reliability of using the materials on this Service or otherwise relating to such materials or on any resources linked to this website.
Falkon SMS has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement, approval, or control by Falkon SMS.com of the site. Use of any such linked site is at your own risk, and we strongly advise you to make your investigations concerning the suitability of those sites.
Our Storage and Use of Your Data
Deletion of your data: While our platform hosts some Customer data, the continued hosting and storage of your data is not guaranteed by us. Except as otherwise agreed between us in writing, we may occasionally delete your data, and we will not be liable for any damages, losses, or other consequences that you may incur as a result.
You further acknowledge and agree that we may access or disclose customer data, including the content of communications stored on our systems, if 1. we believe that disclosure is reasonably necessary to comply with any applicable law, legal process or governmental request, 2. to enforce our agreements and policies, 3. To protect the security or integrity of our services, 4. to protect ourselves, our other customers, or the public from harm or illegal activities, or 5. To respond to an emergency which we believe in good faith requires us to disclose data to assist in preventing a death or serious bodily injury
Certain Services may enable you to specify the level at which such Services restrict access to your content. You are solely responsible for applying the appropriate level of access to your content. IF you do not choose, the system may default to its most permissive setting. You agree that Falkon SMS retains the right to create reasonable limits on Falkon SMS's use and storage of the content, including your content, such as limits on file size, storage space, processing capacity, and similar limitations described in the web pages accompanying the services and as otherwise determined by Falkon SMS in its sole discretion.
Right to Terminate
We may suspend or terminate your right to use our Service and terminate these Terms of Service immediately upon written notice to you for any breach of these Terms of Service.
Any term of these Terms of Service which is wholly or partially void or unenforceable is severed to the extent that it is void or unenforceable. The validity of the remainder of these Terms of Service is not affected.
These Terms of Service are governed by and construed in accordance with the laws of TX. You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.