Introduction
2WAY Inc is a service that provides businesses with a smart and efficient way of contact with their customers using text messages. 2WAY MESSAGE was created to help communicate using well-known SMS/Chat channels while using various devices with ease.
In these Terms of Service “we,” “us,” “our” or “2WAY” will refer to 2Way Inc., with its registered seat at 382 NE 191st St #77112 Miami, FL 33179-3899, United States of America, registered in Delaware, file number: 4718018, and “you,” “your” and “Customer” will refer to you or the business entity or organization if you act on behalf of such entity or organization. You and any persons that you authorize to use 2WAY MESSAGE Customer’s account may be referred to in these Terms as the “User.”
General rules
Please read these Terms of Service („Terms“) carefully before accessing or using 2WAY MESSAGE as they contain the legal terms and conditions of using 2WAY MESSAGE and create a legal commitment between you and the 2WAY.
As our business evolves, we may modify these Terms or the Privacy Policy. If we make a material change to the Terms or the Privacy Policy, we will provide you with reasonable notice prior to the change taking effect by emailing to the email address associated with Your User’s account. Any revisions to these Terms will become effective on the date set force in our notice, and all other changes will become effective on the date we publish the updated Terms. You can review the most current version of the Terms on our website. You agree that your use of 2WAY MESSAGE after the date when the updated Terms come into effect establishes an agreement based on the amended Terms. If you do not agree to any modified Terms, you may no longer use 2WAY MESSAGE.
In order to use 2WAY MESSAGE in a business entity, you represent that you have authority to act on behalf of your organization and to bind your organization to these Terms.
By using 2WAY MESSAGE, you represent that you are in compliance with all applicable laws while using 2WAY MESSAGE.
Fair use policy
You may use 2WAY MESSAGE only in accordance with these Terms and only for lawful purposes. Users are responsible for any violations of applicable laws and the provisions of these Terms when using 2WAY MESSAGE. It is prohibited for the users to provide in any way illegal content. You shall not use 2WAY MESSAGE for any purpose that is unlawful, abusive, deceptive, fraudulent, harassing, libelous, defamatory, threatening, or hateful, or in any other way that would violate any applicable law. It is strictly prohibited to send spam or marketing content in violation of applicable law or without the legally required advance consents from those recipients.
You are aware that utilizing 2WAY MESSAGE in excess of what, in 2WAY’s reasonable discretion, would be expected of normal business use is prohibited. If at any time you breach these Terms, 2WAY may elect to suspend, terminate, and/or cancel your 2WAY MESSAGE account without any compensation.
Security
Upon the start of using 2WAY MESSAGE, you will be asked to provide a password to access your account.
You acknowledge that logins used in 2WAY MESSAGE are individual logins. For security reasons, we advise that all of your agents have individual logins and passwords that should not be transferred or disclosed to other agents or to any third persons.
You are responsible for maintaining adequate security and control of logins, passwords, or any other codes that you use to access the 2WAY MESSAGE. You are responsible for keeping your mailing address and other registration data up to date in your profile. You are solely responsible for all use (whether or not authorized) of 2WAY MESSAGE under your account, including for the quality and integrity of your customer data processed via 2WAY MESSAGE.
You agree that 2WAY will not be liable for any loss, cost, damages, or expenses resulting from any faults in maintaining the security of your password by you.
Personal data
You represent that you reviewed our Privacy Policy and understand that it sets forth how 2WAY collects, processes and uses personal data entered into 2WAY MESSAGE. You are the owner of such data, and you are responsible for collecting personal data in compliance with all applicable law provisions and obtaining all consents and authorizations as may be required by any applicable law, for the collection, storage, processing and transferring of personal data by 2WAY.
Processing of personal data by 2WAY through the Services on behalf of the Customer pursuant to, or in connection with this Terms is executed by Privacy Policy and data processing addendum if requested by the Customer.
For the purpose of providing Services, the Customer acknowledges and agrees that we:
- collect, process, store all data when you connect to, access and/or use Services
- access your account and Customer’s data during using Services
You acknowledge and agree that, as part of the provision of the Services, 2WAY may engage sub-processors in the European Economic Area, the United States, and other countries and territories to process Customer’s Data as indicated in Privacy Policy.
We will never sell, rent, or lease your data to any third party. We will not share your data with third parties, except as permitted by this Terms and in order to provide Services or as required by the provisions of applicable law.
Any request regarding processing personal data or data protection breach may be reported via hello@2way.app
Technical requirements
Remember that SMS text messages are routed through your carrier. If You have any questions in regard to technical requirements or 2WAY MESSAGE FEATURES please contact our support at hello@2way.app
In order to use 2WAY MESSAGE you need a telephone number that will be provided or administered by 2WAY. The cost of the telephone number may be included in certain subscription plans.
You agree and accept that the quality 2WAY MESSAGE Services may vary due to the quality of your Internet connection or telephone reception. 2WAY is not responsible for the low quality of Services caused by the inefficiency of your Internet connection, your software or equipment faults or any faults or breakdowns of your telephone carrier.
Payments and costs
Using 2WAY MESSAGE is subject to the currently effective price list available at “PRICING” section available on Our website. Unless expressly agreed otherwise, all amounts indicated in the price list are exclusive of all duties or taxes. All invoices and payment reminders shall be sent by 2WAY exclusively in the electronic form to your email. All of our subscription plans are pre-paid.
All payments will be received only in USD. Any loss on conversions from other currencies incurred will be deducted from the total payment received. All sums paid by the Customer under these Terms shall be paid by credit card payment.
You authorize 2WAY to charge each payment to the credit card you use to make your payments. You agree to maintain in your account at least one valid credit card that expires no earlier than 20 days after your last payment due date.
If we are not able to charge any payment to a card on file in your account or if you fail to pay on time, our remedies will include the right to block your ability to use 2WAY MESSAGE.
Remember that all of our subscription plans renew automatically. If you would like to quit using 2WAY MESSAGE, please contact us at hello@2way.app
If you are using 2WAY through one of our Partner’s applications, Partner’s methods and conditions of payment shall apply.
2WAY may change the pricing with prior notice, including, without limitation, in the event of the expansion or changes of the scope of Services. 2WAY shall give you a 14-day period notice of all changes in the price list via email. Our pricing policy may include a free trial period. Remember that these Terms also apply to charge-free periods.
The Customer is responsible for the accuracy of the information provided in terms of settlement.
Please note that Parties may agree on specific terms regarding payment and costs for the use of the Services, which needs to be agreed by the Parties in a separate order form. Details shall be established by the representatives of the Parties.
Copyright
After you accept these Terms, 2WAY hereby grants you the personal, non-transferable right and license to use 2WAY MESSAGE, solely for your business purposes. Unless otherwise indicated, all of the content featured or displayed in 2WAY MESSAGE, including, but not limited to, text, graphics, data, photographic images, moving images, sound, illustrations, software, and the selection and arrangement thereof is owned by 2WAY MESSAGE, its licensors, or its third-party image partners. Copyright and other laws relating to the protection of intellectual property protect all elements of 2WAY MESSAGE software.
All trademarks and logos used in 2WAY MESSAGE are the property of 2WAY or third parties, and you may not use such trademarks or logos without the prior written consent of 2WAY or the applicable third party.
Limitation of liability
2WAY MESSAGE operates as a software as a service (SaaS) designed to provide an easy way to connect with customers through text messages. 2WAY MESSAGE is provided on “as is”, “as available” and “with all faults” basis and hereby 2WAY excludes, to the fullest extent permitted by applicable law, any warranty, express or implied, in particular, we do not guarantee any increase of performance of your business.
The functions of 2WAY MESSAGE are not warranted to be uninterrupted or without error. You shall not be reliant on the Services for any critical text message or SMS communication.
2WAY does not guarantee compatibility of 2WAY MESSAGE with other producers’ software. Each User shall bear responsibility for the choice and consequences following from the use of other software, including its applicability to the user’s objectives.
2WAY will not be liable for any damages of any kind arising from the use of 2WAY MESSAGE and makes no representations or warranties of any kind concerning the work, express, implied, statutory or otherwise, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, noninfringement, or the absence of latent or other defects, accuracy, or the presence or absence of errors, whether or not discoverable.
You hereby agree to indemnify and hold 2WAY and its subsidiaries, employees, affiliates, officers, agents, partners and licensors harmless from and against any and all third party demands, claims, liability, loss, and expense including damage awards, settlement amounts, and reasonable legal fees brought against 2WAY or any of the above-mentioned person(s), arising out of, related to or which may arise from your access to or use of 2WAY MESSAGE, your breach or alleged breach of these Terms, license or your violation of any third-party rights including without limitation, any intellectual property right, publicity, confidentiality, property or privacy right, your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; or any misrepresentation made by you.
However, in no event, shall Our’s aggregate liability under this Terms or an applicable agreement exceed the total amount paid by the Customer for use of Services during the maximum 6 (six) months prior to the liability event. The foregoing limitation will not limit the Customer’s payment obligations under the Agreement.
Final provisions
If any clause or provision in these Terms will become unenforceable, wherever possible this will not affect any other clause and each will remain in full force and effect. All disputes arising in connection with these Terms shall be primarily resolved amicably. You agree that all disputes you have with 2WAY in connection with Terms that cannot be amicably resolved shall be governed by the law of 2WAY’s registered office and submitted for resolution by the Court of Law at the location of 2WAY’s registered office.
These Terms are the entire agreement between You and 2WAY regarding Services and supersede any prior agreements.
All of our rights and obligations under the Terms are freely assignable by 2WAY to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner. In the event of such an assignment, these Terms will continue to govern your relationship with such third parties.
You will not transfer any of your rights or obligations under the Terms to anyone else without our prior written consent.
If you have any questions about 2WAY MESSAGE’S Terms of Service, please feel free to contact us at:
- hello@2way.app or
- text us at: +44 7520 642111 or +1 (650) 434-4000.
In case of concluding between the Parties any additional agreements or order forms, the following rules must be applied:
- the provisions of agreements or order forms (if any) take precedence over those set out in this Terms to the extent of such conflict or inconsistency.
