Terms of service
Thanks for using MassyPhone.
Please read these Terms carefully. By using MassyPhone or signing up for an account, you're agreeing to these Terms. This is a legal agreement.
We'll start with the basics, including a few definitions that should help you understand this agreement. MassyPhone (MassyPhone or the Service) is a messaging service offered through the URL www.MassyPhone.com (we'll refer to it as the Website) that allows you to create, send, and manage Whatsapp messages (each message is called a Message) to individual recipients. As a customer of the Service or a representative of an entity that's a customer of the Service, you're a Member according to this agreement (or you).
In order to use MassyPhone, you must:
- be at least eighteen (18) years old and able to enter into contracts;
- complete the registration process;
- agree to the Terms; and
- provide true, complete, and up to date contact information.
By using MassyPhone, you represent and warrant that you meet all the requirements listed above, and that you won't use MassyPhone in a way that violates any laws or regulations. MassyPhone may refuse service, close accounts of any users, and change eligibility requirements at any time.
The Term begins when you sign up for MassyPhone and continues as long as you use the Service. Clicking the button and entering your username means that you've officially signed the Terms. If you sign up for MassyPhone on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
3. Closing Your Account
You or MassyPhone may terminate this Agreement at any time and for any reason by giving Notice to the other party. We may suspend our Service to you at any time, with or without cause. If we terminate your account without cause, we'll refund a prorated portion of your monthly prepayment or reimburse you for unused Credits. We won't refund or reimburse you if there's cause, like a violation of these Terms or our Acceptable Use Policy. Once terminated, we may permanently delete your account and all the data associated with it, including your contacts from our Website. If you don't log in to your account for 12 or more months, we may treat your account as inactive and permanently delete the account and all the data associated with it.
5. Account and Password
You're responsible for keeping your account name and password confidential. You're also responsible for any account that you have access to, whether or not you authorized the use. You'll immediately notify us of any unauthorized use of your accounts. We're not responsible for any losses due to stolen or hacked passwords. We don't have access to your current password, and for security reasons, we may only reset your password.
Sending Whatsapp messages with MassyPhone is free. We charge for the use of our web platform and our hardware and software resources.
Our prices are posted on our Website and may be changed from time to time. The value of each Credit may also change without previous notification. Credits (prepaid) accounts roll over and don't expire, but if you're inactive for more than 12 months your account may be deleted and all the Credits that you have can be lost.
We'll give you a refund of your Credits at the same price you bought them if we stop providing our Services to you for a reason that's not laid out in these Terms or our Acceptable Use Policy. You won't be entitled to a refund from us under any other circumstances.
We may change our fees at any time by posting a new pricing structure to our Website and/or sending you a notification by email.
9. Proprietary Rights Owned by Us
You shall respect our proprietary rights in the Website and the software used to provide MassyPhone (proprietary rights include patents, trademarks, service marks, and copyrights).
10. Proprietary Rights Owned by You
12. Right to Review Campaigns
We may view, copy, and internally distribute content from your messages and account to create algorithms and programs (Tools) that help us spot problem accounts. We use these Tools to find Members who violate these Terms or laws.
RULES AND ABUSE
13. General Rules
You promise to follow these rules:
- You won't send Spam! By spam, we mean unsolicited bulk messages. If you send people mass messages whithout their permission, you're spamming.
- You won't use purchased, rented, or third-party lists of telephone numbers.
- You won't violate our Acceptable Use Policy, which is part of this Agreement.
If you violate any of these rules, then we may suspend or terminate your account whitout any refunds.
14. Reporting Abuse
If you think anyone is violating any of these Terms or posting material that violates any copyrights, please notify us immediately. If you received spam you think came from a MassyPhone user, we want to hear about it. Please report it to our abuse team.
15. Compliance with Laws
You represent and warrant that your use of MassyPhone will comply with all applicable laws and regulations. You're responsible for determining whether our Services are suitable for you to use in light of any national or international regulations and laws. We won't be liable if our Service doesn't meet those requirements. If you're located in the European Economic Area (EEA) or send to anyone in the EEA, you represent and warrant that in creating and sending your messages via MassyPhone, and collecting information as a result of sending messages, you:
- Have complied, and will comply, with all regulations, as well as data protection, electronic communication, and privacy laws that apply to the countries where you're sending any messages through MassyPhone.
- Have collected, stored, used, and transferred all data relating to any individual in compliance with all data protection laws and regulations. You have the necessary permission to allow MassyPhone to receive and process data and send communications to that individual on your behalf.
- Agree to indemnify and hold us harmless from any losses, including attorney fees, that result from your breach of any part of these warranties.
16. Limitation of Liability
To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services, including any downloads from the Website. We and our Team won't be liable for any indirect, punitive, special, or consequential damages under any circumstances, even if they're based on negligence or we've been advised of the possibility of those damages.
17. No Warranties
To the maximum extent permitted by law, we provide the Service as is. That means we don't provide warranties of any kind, either express or implied, including but not limited to warranties of merchantability and fitness for a particular purpose. We don't provide warranties either for the delivery of the all or part of the Campaigns to the telephone recipients.
You agree to indemnify and hold us and our Team harmless from any losses (including attorney fees) that result from any claims you make that aren't allowed under these Terms due to a Limitation of Liability or other provision. You also agree to indemnify and hold us harmless from any losses (including attorney fees) that result from third-party claims that you or someone using your password did something that, if true, would violate any of these Terms.
19. Attorney Fees
If we file an action against you claiming you breached these Terms and we prevail, we're entitled to recover reasonable attorney fees and any damages or other relief we may be awarded.
20. Liquidated Damages
In some cases, a breach of these Terms could cause damages, but proving the actual damages would be impossible. These cases will result in the corresponding liquidated damages, which are a reasonable pre-estimate of the damages:
- If you send messages that violate anti-Spam laws, then the liquidated damages will be five times the amount you paid us over the past 12 months, but not less than $1000.
- If you use our resources in any way that's not permitted by these Terms, then the liquidated damages will be four times the amount you paid us over the past 12 months, but not less than $700.
21. Subpoena Fees
If we have to provide information in response to a subpoena related to your account, then we may charge you for our costs. These fees may include attorney and employee time spent retrieving the records, preparing documents, and participating in a deposition.
We and our Team aren't responsible for the behavior of any advertisers, linked websites, or other Members.
You may not assign any of your rights under this agreement to anyone else. We may assign our rights to any other individual or entity at our discretion.
24. Force Majeure
We won't be held liable for any delays or failure in performance of any part of the Service, from any cause beyond our control. This includes, but is not limited to, changes to law or regulations, embargoes, war, terrorist acts, riots, fires, earthquakes, nuclear accidents, floods, strikes, power blackouts, volcanic action, unusually severe weather conditions, and acts of hackers or third-party internet service providers.
Even if this Agreement is terminated, the following sections will continue to apply: Proprietary Rights Owned by Us, Proprietary Rights Owned by You, Compliance with Laws, Limitation of Liability, No Warranties, Indemnity, Choice of Law, Severability, and Entire Agreement.
If it turns out that a section of this Agreement isn't enforceable, then that section will be removed or edited as little as necessary, and the rest of the Terms will still be valid.
27. Notification of Security Breach
In the event of a security breach that may affect you or anyone on your Campaign distribution lists (each a List), we'll notify you of the breach and provide a description of what happened. If we determine, and notify you, that you need to forward all or part of that information to anyone on your Lists, you'll promptly do it.
Any notice to you will be effective when we send it to the last email or physical address you gave us or posted on our Website. Any notice to us will be effective when delivered to us to email@example.com, or any addresses as we may later post on the Website.
29. Entire Agreement
Acceptable Use Policy
All MassyPhone users must follow this Acceptable Use Policy. If you violate this policy, we may suspend or terminate your account.
Please don't use MassyPhone to send anything offensive, to promote anything illegal, or to harass anyone. You may not send:
- Pornography or other sexually explicit Messages
- Messages offering to sell illegal goods or services
- Messages that violate CAN-SPAM Laws
- Marketing or commercial email without permission
We work hard to keep our system clean, but we count on our customers to pitch in too. You may not:
- Send Spam. By 'spam,' that is 'unsolicited bulk messages.'
- Put into your messages any material that wasn't created by you, provided for you to use, or that would violate anyone's rights. That includes text, photos, graphics, and other content.
- Use any misleading or incorrect names, addresses, email addresses, subject lines, or other information on the Website or in any messages created or sent using our Service.
- Share your password.
- Decipher, decompile, disassemble, or reverse engineer any of the software on our Website, or in any way used or downloaded from the Website.
- Use any of the software on our Website, or downloaded from the Website, to create a competing product.
- Set up multiple accounts for any person or entity in order to send similar content, unless you're part of a franchise.
As a messaging service provider, we feel it's our responsibility to be extra vigilant about preventing spam-related abuse. It's also in our best interest to keep the system clean, because our reputation and deliverability depend on it. That's why you may only use MassyPhone to send messages to people and entities that either:
- Gave you written (including electronic) permission to send messages to them, have not withdrawn that permission, and:
- gave you that permission in the past 12 months; or
- didn't object to promotional content you sent them in the past 12 months.
- Gave you their name, telephone number and email address in connection with a purchase, or negotiations to purchase, a product or service from you, have not opted out from receiving your messages, and either:
- purchased something from you or negotiated a purchase from you in the past 12 months; or
- didn't object to promotional content you sent them in the past 12 months.
If you send messages to a list and you get an unusual amount of SPAM complaints, MassyPhone can shut down your account. So if you don't have proof that every recipient on your list opted-in to receive your messages, or otherwise meets the requirements listed above, then don't import the telephone numbers into MassyPhone.
Thanks for using MassyPhone. This policy explains the what, how, and why of the information we collect when you use MassyPhone. It also explains the specific ways we use and disclose that information. We never sell lists or telephone numbers.
We provide online platforms that you may use to send and manage telephone numbers (the Services). In the course of providing the Services, we may collect Personal Information, which means information about a Member. A Distribution List is a list of telephone numbers that one of our Members has sent, or intends to send, telephone numbers to, and all information relating to those telephone numbers.
3. Effective Date
If you have any questions or comments, or if you want to update, delete, or change any Personal Information you've submitted on the Website, please use our contact form to get in touch.
5. Information We Collect
- List, Email and Telephone number Information: When you add an telephone Distribution List or create a message with the Services, we have access to the data on your list and the information in your message.
- Information from your Use of the Service: We may get information about how and when you use the Services. This information may include your IP address, time, date, browser used, and actions taken by you within the application.
- Cookies: When you register to use MassyPhone, we store cookies, which are strings of code, on your computer. We use those cookies to collect information about when you visit our Website, when you use the Services, your browser type and version, your operating system, and other similar information. You may turn off cookies that have been placed on your computer by following the instructions on your browser, but if you block our cookies, it may be more difficult (and maybe even impossible) to use the Services. When you play one of the videos on the Websites, the Flash player may use local shared objects, which are also called Flash cookies. We don't use these Flash cookies for anything, but we can't stop the player from dropping them.
- Sending Information: When we send messages through MassyPhone platform, we'll sometimes track who sent the message, to whom it was sent, when it was sent, if it was delivered and the content of the message. This allows us to track the correct use of our Service and check for abuse or spam.
6. Use and Disclosure of Your Personal Information
We may use and disclose your Personal Information only as follows:
- To promote use of our Services. For example, if you leave your Personal Information when you visit our Website and don't sign up for any of the Services, we may send you an email asking whether you want to sign up. And if you use any of our Services, and we think you might benefit from using another Service we offer, we may send you an email telling you about it.
- To bill and collect money owed to us. This includes sending you emails, invoices, receipts, notices of delinquency, and alerting you if we need a different credit card number. We use third parties for secure credit card transaction processing, and we send billing information to those third parties to process your orders and credit card payments.
- To provide customer support.
- To protect the rights and safety of our Members and third parties, as well as our own.
- To meet legal requirements like complying with court orders and valid subpoenas.
- To provide information to representatives and advisors, like attorneys and accountants, to help us comply with legal, accounting, or security requirements.
- To prosecute and defend a court, arbitration, or similar proceeding.
- To support and improve the Services we offer. This includes adding features that compare Members' Campaigns, or using data to suggest other publishers your subscribers may be interested in.
- To communicate with you about your account for informational, not promotional, reasons.
- To send you informational and promotional content that you may choose (or opt in) to receive. You can stop receiving our promotional emails by following the unsubscribe instructions included in every email.
7. Public Information and Third Parties
- Blog. We have public blogs on our Websites. Any information you include in a comment on our blog may be read, collected, and used by anyone. If your Personal Information appears on our blogs and you'd like it to be removed, contact us. If we're not able to remove your information, we'll let you know why.
- Social Media Widgets. Our Websites include social media features, like the Facebook Like button. These features may collect information about your IP address and which page you're visiting on our site, and they may set a cookie to make sure the feature functions properly. Social media features and widgets are either hosted by a third party or hosted directly on our site. Your interactions with those features are governed by the privacy policies of the companies that provide them.
8. Content of Campaigns
When you send Whatsapp messages, it bounces around from server to server as it crosses the internet. Along the way, server administrators can read what you send.
9. Your Distribution Lists
Your subscriber lists are stored on a secure MassyPhone server. We don't, under any circumstances, sell your lists, contact people on your lists, market to people on your lists, steal your lists, or share your lists with any other party, unless it's required by law. If someone on your list complains or contacts us, we may then contact that person. Only authorized employees have access to view Distribution Lists. You may export (download) your lists from MassyPhone at any time, as long as we have a copy. We'll use and disclose the information in your Distribution Lists only for the reasons listed under Use of Your Personal Information, except the following. (In other words, we will not use and disclose the information in your Distribution Lists to):
- bill or collect money owed to us;
- send you system alert messages;
- communicate with you about your account; or
- send you informational and promotional content.
10. Notice of Breach of Security
Nobody's safe from hackers. If a security breach causes an unauthorized intrusion into our system that materially affects you or people on your Distribution Lists, then MassyPhone will notify you as soon as possible and later report the action we took in response.
11. Safeguarding Your Information
To protect your information, our credit card processing vendor uses the latest 128-bit Secure Socket Layer (SSL) technology for secure transactions.
MassyPhone accounts require a username and password to log in. You must keep your username and password secure, and never disclose it to a third party. Because the information in your Distribution Lists is so sensitive, account passwords are encrypted, which means we can't see your passwords. We can't resend forgotten passwords either. We'll only reset them.
Date Last Modified:
This Privacy Notice was last modified April 1, 2013