TERMS AND CONDITIONS
NO ACCESS TO EMERGENCY SERVICES: There are important differences between XTER TEXTER and your mobile and fixed-line telephone and SMS services. Our Services do not provide access to emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connect to public safety answering points. You should ensure you can contact your relevant emergency services providers through a mobile, fixed-line telephone, or other service.
The “Application” shall mean the software provided by XTER TEXTER to offer services related to XTER TEXTER, XTER TEXTER’s services and its partners’ services, to be used on Apple iOS and Android OS devices and any upgrades from time to time and any other software or documentation which enables the use of the Application.
3. DATA PROTECTION
4. XTER TEXTER
The Application allows you to access certain functionality available on the XTER TEXTER. Such access will be governed by the XTER TEXTER App Terms & Conditions.
5. PROPRIETARY RIGHTS AND LICENCE
5.1. All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned either directly by XTER TEXTER or by XTER TEXTER’s licensors.
5.2. XTER TEXTER hereby grants you a worldwide, non-exclusive, royalty-free revocable license to use the Application for your business
and personal use in accordance with these Terms.
6. CONDITIONS OF USE
6.1. You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; or (iii) create derivative works of the Application of any kind whatsoever.
6.2. The Application is currently made available to you free of charge for your personal, non-commercial use. XTER TEXTER reserves the right to amend or withdraw the Application, or charge for the application or service provided to you in accordance with these Terms, at any time and for any reason.
6.3. You acknowledge that the terms of agreement with your respective mobile network provider (‘Mobile Provider’) will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third-party charges as may arise. You accept responsibility for any such charges that arise.
6.4. If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
6.5. You must be at least 13 years old to use our Application (or such greater age required in your country for you to be authorized to use our Application without parental approval). In addition to being of the minimum required age to use our Application under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
7.1. This Application is available to handheld mobile devices running Apple iOS and Android Operating Systems. XTER TEXTER will use reasonable efforts to make the Application available at all times. However, you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside XTER TEXTER’s reasonable control.
7.2. XTER TEXTER, its group of companies and sub-contractors do not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
7.3. XTER TEXTER will not be responsible for any support or maintenance for the Application.
8. SYSTEM REQUIREMENTS
8.1. In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications (‘Software Requirements’).
8.2. The Software Requirements are as follows: Apple iOS devices running iOS 11; Android devices running Android OS Version 5.0; Language: English only.
8.3. The version of the Application software may be upgraded from
time to time to add support for new functions and services.
9.1. XTER TEXTER may terminate use of the Application at any time by giving notice of termination to you.
9.2. Upon any termination, (a) the rights and licenses granted to you herein shall terminate; (b) you must cease all use of the Software.
10. LIMITATION OF LIABILITY
10.1. In no event will XTER TEXTER be liable for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use or access to the Application, including loss of profit or the like whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
10.2. XTER TEXTER is not liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
10.3. Nothing in these Terms shall exclude or limit XTER TEXTER’s liability for death or personal injury caused by negligence or for fraud or fraudulent misrepresentation or any other liability which cannot be excluded or limited under applicable law.
11. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, and for the avoidance of doubt, save for section 2 of the Supply of Goods and Services Act 1982, XTER TEXTER hereby disclaims all implied warranties with regard to the Application. The Application and software are provided “as is” and “as available” without warranty of any kind.
What information do we collect?
We collect information from you when you register on the app. When ordering or registering on our site, as appropriate, you may be asked to enter your name, e-mail address, phone number or credit card information.
If you are not already a user of the Application, when you first install the Application you are invited to register with XTER TEXTER and as part of this initial registration, you will be asked to allow us access to your contacts list. If you consent, we will have access to contact information in your address book on the devices you use for the Service (names, numbers, emails, and Facebook ID, but not notes or other personally identifiable information) and we will store it on our servers and use it to improve the Application and help you use the Application. If you do not want XTER TEXTER to store this information, you may opt-out at any time through your account settings in the XTER TEXTER mobile app, or in your devices privacy settings, in which case we will delete that information from our servers. However, in this case, we may not be able to offer some of the features that require this information. See also “How We Use the Information We Collect” below.
We will request access to your location information – provided by your mobile device using GPS or similar technologies – so that the Application can properly perform the geo-fencing function. This information is not used for any other purpose. It is highly recommended to allow the Application to access your location information as it will otherwise hinder the expected functionality. Of course, you are free to accept or block access to your location information. You can switch off access to your location at any time through your device settings.
We automatically collect usage information that does not identify an individual user (“Usage Data”). For example, when you download and use the Application, we automatically collect information such as your device type, operating system version and type, certain device settings, device time zone, device carrier, current IP address, applications installed on the device, and platform-specific advertising identifiers. We may also collect location information, such as your device GPS coordinates unless you configure your device operating system settings to prevent our collection of location information. Additionally, each time you use the Site we automatically collect the type of web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Site. We use this information to enhance the services we offer, provide targeted advertising, and to help us understand how people use the Site and Services. Aggregated device data, including location and usage data, is also measured for the purposes of market research by Placed, Inc. For further information, please see the Placed Terms of Service and
If you do not want this information to be linked to your device, you may go to your device “settings” (which are somewhat different for iOS and Android devices) and opt out of interest-based or personalized advertising. You may also prevent the location from being collected by this or other apps, through your device settings (but this may affect the functionality of certain app features).
We collect and store certain profile information including your name, phone number, email address, picture, country of residence and preferences.
Shared Text, Photos, Videos and Other Communications
The Service allows you to share text messages, photos, videos and other communications with other users, and if you choose to share your text messages, photos, videos and other communications, such items will be stored on our servers in accordance with our data retention policies.
In addition, if you choose to share these items with other Service users, we may not be able to remove them from our servers or make them unavailable to anyone you have shared them with. Sending text messages, photos, videos or other communications through the Service is your decision. By choosing to share that information, you should understand that you may no longer be able to control how that information is used and that it may become publicly available (depending in part on your actions or the actions of others with whom you have shared the information). XTER TEXTER is not responsible for any use or misuse of information you share.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
To allow proper function of certain features: your location information is vital in allowing the geo-fencing feature of the Application to perform its intended function, which is to turn on a Do Not Disturb status when inside a geo-fenced area
To provide synchronization of your contacts list to the Application: your contacts list will provide you with an easy way to migrate your contacts into the Application’s contact list
To improve our website: we continually strive to improve our website offerings based on the information and feedback we receive from you
To send periodic emails: The email address you provide for order processing, may be used to send you information and updates pertaining to your invitation, in addition to receiving occasional company news, updates, related product or service information, etc. Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems and are required to keep the information confidential.
Protection of Your Information
Unfortunately, no data transmitted over or accessible through the Internet can be guaranteed to be 100% secure. As a result, while XTER TEXTER attempts to protect all Personal Information in the manner detailed herein, XTER TEXTER cannot ensure or warrant that Personal Information will be completely secure from misappropriation by hackers or from other nefarious or criminal activities, or in the event of a failure of computer hardware, software, or a telecommunications network. XTER TEXTER will notify you in the event we become aware of a security breach involving your personally identifiable information (as defined by the applicable state and federal laws) stored by or for us. By disclosing your email address to us for any reason, you expressly consent to receiving electronic notice from us in the event of such a security breach.
Yes. Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service providers systems to recognize your browser and capture and remember certain information.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information.
We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our App.
Extracting or harvesting email addresses for the purpose of unsolicited email marketing from any page from XTER TEXTER or any subdomain of XTER TEXTER is forbidden.