ClockWise SMS Terms of Service

Last updated: 2020-04-21

1. Terms

By accessing the website at https://www.cwsms.com, or the web application at https://app.cwsms.com, you are agreeing to be bound by these terms of service, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.

2. Use License

  1. Permission is granted to temporarily access and use the ClockWise SMS materials (information or software) located at ClockWise SMS's website. This is the grant of a license, not a transfer of title, and under this license you may not:
    1. modify or copy the materials;
    2. attempt to decompile or reverse engineer any software and/or web application contained on ClockWise SMS's website;
    3. remove any copyright or other proprietary notations from the materials; or
    4. transfer the materials to another person or "mirror" the materials on any other server.
  2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by ClockWise SMS at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Pricing and SMS Credit

ClockWise SMS credit is not transferable to another person or account, has no monetary value, does not accrue interest and, unless required by law or permitted under such conditions, cannot be redeemed or exchanged for money or any monetary value from ClockWise SMS. Prices may change at any time without prior warning.

4. Service usage restrictions

Any SMS message sent using ClockWise SMS may be read and evaluated by the ClockWise SMS audit team. It is strictly prohibited to send any SMS message containing malicious, unlawful or otherwise inappropriate content. Such content includes, but is not limited to:
  1. impersonating large or commonly known companies, such as tech enterprise companies, banks, money transfer companies, financial facilities, governmental organizations, government agencies etc.;
  2. any content that is illegal by law in the country where the sender, recipient or ClockWise SMS is located;
  3. any type of spamming, scamming and/or phishing attempts;
  4. any URL's or web addresses/links containing malicious or illegal content;
  5. URL-shortener links (e.g. bit.ly, tiny.cc) without pre-approval;
Any SMS message content deemed to be in violation with this policy by the ClockWise SMS audit team will result in an immediate termination of the ClockWise SMS account of origin. The owner of a terminated account may appeal the decision by sending an email to appeals@cwsms.com within 30 days of the termination date. If an appeal has not been made within this time period, the account is deleted. Any SMS credits that belongs to a terminated without a successful appeal will not be eligible for a refund.

Any account found to have a direct link with the owner of a terminated account, e.g. the account has purchased SMS credits using the exact same credit or debit card, may also be terminated unless that owner has gone through a successful appeal process.

SMS messages may be put on hold/suspended from sending until an audit can take place. ClockWise SMS is not liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising as a result of a withheld/suspended message.

5. Inactivity

ClockWise SMS accounts without any SMS being sent or received for at least 60 days is defined as inactive. The following terms applies to all inactive accounts:
  1. Inactive accounts will be charged 2 EUR for each 30-day period of inactivity, starting on the first day of the account being deemed inactive (on the 60-day mark). This is hereby known as the "inactivity charge".
  2. If the inactivity charge cannot be made, for example because the account SMS credit balance is less than 2 EUR in total, the SMS credit balance for the account will be set to 0.
  3. Inactive accounts with an SMS credit balance less than or equal to 0 will be automatically deleted after 90 days of inactivity.

6. SMS delivery disclaimer

SMS delivery depends on a lot of external factors outside of ClockWise SMS's control. These factors include, but is not limited to:
  1. SMS message filtering, e.g. by telecom providers, carriers etc.;
  2. GSM/cellphone signal noise, strength and coverage;
  3. outages related to hardware or software errors by a sub-processor, telecom provider, carrier, cellphone manufacturer, internet service provder or hosting provider;
  4. an act of God (e.g. natural disasters, fires, earthquakes etc.);
  5. Local laws and restrictions;
ClockWise SMS will not be held responsible for the final delivery of any SMS message sent using the ClockWise SMS software (website or API). ClockWise SMS may assist in figuring out why an SMS message might not have been delivered, but the final responsibility for wether or not an SMS actually has been delivered rests solely with the owner of the ClockWise SMS user account used for sending the message. Furthermore, any SMS message that has been sent and charged for by ClockWise SMS will not be eligible for a refund.

7. General disclaimer

  1. The materials on ClockWise SMS's website are provided on an 'as is' basis. ClockWise SMS makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights.
  2. Further, ClockWise SMS does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its website or otherwise relating to such materials or on any sites linked to this site.

8. Limitations

In no event shall ClockWise SMS or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of the use or inability to use the materials on ClockWise SMS's website, even if ClockWise SMS or a ClockWise SMS authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

9. Accuracy of materials

The materials appearing on ClockWise SMS's website could include technical, typographical, or photographic errors. ClockWise SMS does not warrant that any of the materials on its website are accurate, complete or current. ClockWise SMS may make changes to the materials contained on its website at any time without notice. However ClockWise SMS does not make any commitment to update the materials.

10. Links

ClockWise SMS has not reviewed all of the sites linked to its website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by ClockWise SMS of the site. Use of any such linked website is at the user's own risk.

11. Modifications

ClockWise SMS may revise these terms of service for its website at any time without notice. By using the ClockWise SMS website you are agreeing to be bound by the then current version of these terms of service.

12. Governing Law

These terms and conditions are governed by and construed in accordance with the laws of Norway and you irrevocably submit to the exclusive jurisdiction of the courts in that State or location.