Terms of Service

1. Usage
You may use this service as an individual or business entity. If you are a business entity, you must have the authority to enter into this agreement on behalf of your business.

2. Our Obligations
SMSnow is a service to send messages to mobile phones (SMS). We grant you the right to use our service pursuant to the terms and conditions set forth in this agreement and as they may be modified. We make every effort to deliver messages promptly but we DONOT accept any liability for transmission delays or messages failures. Delivery of every single message CANNOT be guaranteed. We will inform you via our web site only of any significant changes to the service or this agreement occur. We do our best to guarantee the continuous availability of this service. We reserve the right to cancel the service at any time. SMSnow delivers messages through SMS providers, Telecommunication companies and mobile networks and can therefore control the delivery transmission of SMS messages within the technical constraints imposed by the above mentioned providers. All messages submitted via the Internet will be transferred to mobile network providers, provided that the recipients phones are switched on, have available memory to receive messages and are located in areas where there is a mobile coverage.

3. Pricing and Billing
We debit transmitted SMS messages according to our transmission logs. The prices offered can be adjusted at any time. The country list can be adjusted at any time. Your SMS credit is non-refundable and does not bear interest.

4. Your obligations
You are responsible for the privacy and storage of username and password to log in to SMSnow services. You will not rent, lease, distribute, sell, resell, assign or transfer rights of our software and service, except if you have agreed with us under a written and duly signed agreement for reselling. The unlawful use of the SMS service is strictly prohibited. Messages containing any sexual, racist or discriminatory content and any such usage of them maybe considered as harassment to an individual or an organization. You agree not to transmit or permit anyone to transmit unlawful, harassing, threatening, harmful or abusive content or messages. You guarantee that the content of any SMS always respects and doesnot in any way conflict with fundamental human rights in any national legislation applicable to our business and in the European Convention for the Protection of Human Rights and Fundamental Freedoms (eg right to privacy, religion, political or other opinion) You are entirely responsible for all activities that occur under your account. You must insure that you exit (logout) from your account at the end of each session.

5. Warranty and Disclaimer
SMSnow service is provided “AS IT IS” without warranty of any kind. SMSnow disclaims all warranties, express or implied, including, but not limited to , implied warranties or merchant ability, fitness for a particular purpose and non-infringement. Some states do not allow limitation on implied warranties. If you are accepting this agreement under the laws of these states, you may not use our service. SMSnow does not represent or warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available, are free of malware, viruses or other harmful components.

6. Limitation of Liability
SMSnow service shall not be liable for loss or inaccuracy of data, loss of profits or revenue, or indirect, special, incidental or consequential damages. Any material downloaded or otherwise obtained through the use of the service is at your risk. You will be solely responsible for any damage to your computer system or network, or loss of data that results from use of the service.

7. Support
We do our best and provide email support to paid service customers. We have no obligation to provide you with hard-copy documentation, upgrades, enhancements except if we have a separate written agreement.

8. Applicable Law
This agreement will be governed and construed in accordance with the laws of Greece without regard to the conflict of laws provisions thereof. You and SMSnow agree to submit to the exclusive jurisdiction of the courts of Greece. You agree that any cause of action or claim arising out of or related to this Service and this Agreement must be filed with a court or other governmental agency having jurisdiction within one six months after the cause of action or claim arose. Otherwise, the cause of action or claim is barred.

9. Sole Agreement of the Parties
This Agreement is the complete and exclusive statement of the mutual understandings of the parties. It supersedes and cancels all previous or contemporaneous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement. All modifications must be in writing signed by both parties, except as otherwise provided herein. There are no oral agreements or side agreements of any type.

10. Agreement
This Agreement and all related documents have been prepared in English with the consent of the parties. The parties acknowledge that they have met over the internet, that have not met in person and have not had any direct telephone contact, that this agreement is provided by SMSnow to the customers over the internet and through the SMSNow web site and that this agreement will be executed electronically (no hard copy or paper) and it has full force and effect of any agreement prepared in writing.