This document details the terms and conditions for use of the TextFreek service ("Service").

By using the Service you agree to be bound by these terms, which shall take effect immediately upon our first use of the Service. If you do not agree to be bound by all of the following terms please do not use the Service.

We have the right, at our sole discretion, to modify, add or remove any terms or conditions without notice or liability to you. Any changes to these shall be effective immediately following the posting of such changes on our website ("Website") http://textfreek.com. You agree to review these terms of use from time to time and agree that any subsequent use by you of the Service following changes shall constitute your acceptance of all such changes.

Accessibility of Service

The Service is accessible and only allowable via the following Smartphone applications:

TextFreek: iPhone, iPod and iPad devices, available from the Apple App Store.

chompSMS:  Android devices, available from the Android Market.

crunchSMS: BlackBerry devices, available from the BlackBerry App World.

You agree not to access the Service using any other means.

Data Usage

When you choose to send a message via the Service, it uses your Internet data connection (WiFi/3G/EDGE) to transmit the message. Typically, using this Internet data connection doesn't incur additional charges. However, some providers do charge you for data usage (e.g. while roaming overseas or exceeding your plan inclusions). Thus, as an indication, one megabyte is enough for to send and receive approximately one thousand messages.

Receiving a message also uses your Internet data connection, if you no longer wish to receive messages either uninstall the application, or turn off Push Notifications for your device.

Service Delivery

Due to the nature of Cloud to Device Messaging (also referred to as Push Notifications) which the Service makes use of, we are not able and cannot guarantee that messages sent via the Service will arrive at their designated destination. However, if you experience such problems, please let us know, so we can improve our service.

User Responsibilities

You agree to use the Service only for lawful purposes and in a way that does not infringe the rights of, restrict or inhibit anyone else's use and enjoyment of the Service. Prohibited behavior includes harassing, threatening, menacing or causing distress or inconvenience to any person, and the transmission of obscene or offensive content.

User Content

User Content is any content that a user uploads, distributes or otherwise makes use of in association with the Service. You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including reliance on its completeness, accuracy or usefulness by others, or any disclosure of your User Content that makes a third party or you personally identifiable. 

Intellectual Property

All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in association with the Service shall remain vested with us. You may not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use this content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from the content except for your own personal, non-commercial use.

Limitations of Liability

In no event shall we, our employees or officers be liable for any indirect, incidental, consequential, special or punitive damages of any kind or nature, including, but not limited to, loss of profits or loss of data, for any reason whatsoever, whether such liability is asserted on the basis of contract, tort (including negligence or strict liability), or otherwise, even if advised of the possibility of such loss or damages. 

Indemnity

You agree to indemnify us, our employees and officers against all loss, damage, liability and expenses incurred by us or them as a result of or in relation to any claim made or legal proceedings including (without limitation) claims for breach of copyright, breach of confidence, defamation, theft, and/or obscenity brought against us or them in relation to use of the Service by you or any other person using the Service.

Privacy Policy

We will not share any personal information with any other party without your explicit consent, unless required by law or in the normal provision of the Service and for no other purpose.

When you register to use the Service, the phone numbers (only) from your address book are provided to us such that we can establish (and inform you) which of your contacts are already registered with the Service. This information is also used by us if any of your contacts subsequently register with the Service so that we can notify you of this event. 

When you send a message using this Service, it comes via our server infrastructure before being delivered to the specified recipient. Once delivered, a message is promptly deleted from our servers. If a message fails to be delivered within a 48 hour period, it is then deleted from our servers.