These are the terms and conditions of Coalty Messenger LLC (hereinafter, the « Company », « we » or
« us »), a corporation incorporated under the laws of the United States of America (Reg No.: 14362929), with a registered office address: 16192 Coastal Hwy, Lewes, DE 19958.
Repays Application (or Application) means a designed program that can be loaded on User’s Android-based devices (smartphones) for sending and receiving text messages to specific cell phone numbers selected by Coalty Messenger LLC and/or its partners. Repays Service (or Service) means the Repays software package, which includes a mobile application, website and other software tools that enable the User(s) registered in the Service to send and receive text messages to specific cell phone numbers selected by Coalty Messenger LLC and/or its partners and to perform other actions provided by the Company in the infrastructure of the Service. User means the User and any other individual, whether private or legal, legitimately eligible to enter into this Agreement and who has registered for the Service by using it in accordance with the functionality provided. Fee means a fee paid to the User by Coalty Messenger for the use of the Repays application for text messages sent and received by the User’s device. List price means the amount, established in advance and published at a page of the Website, paid to the User for each text message sent or received by the User’s device through the Repays Application loaded and installed and that is calculated automatically by this Application.
The Repays application must be loaded and installed by the User on his or her Android device in order to send or receive a daily number of SMS messages predetermined by the User himself or herself to specific cell phone numbers selected by Coalty Messenger LLC and/or its partners, within the current tariff plan of the mobile operator whose SIM-card is used in the User’s device, against a fee paid by the Company to Repays for each SMS sent or received. It is the exclusive responsibility and precise duty of the User to be aware of the specific regulations of their own law and jurisdiction before performing any activity, engaging with any content or activating any function offered in-App and to be aware of any activity, content or function that may not be legal in their own law and/or jurisdiction. You must comply with such regulations. If User acts in violation of the applicable law against the applicable regulations, such User will have the obligation not to register and will have to refrain from using the App in any form and use. User declares, by signing these terms and conditions, to verify and strictly adhere to such regulations. The User is aware that he/she cannot accept any task, commitment or function that is not legal or that involves a violation of any applicable legal provision or any other legal document in his/her own and/or his/her jurisdiction, even if he/she is not aware of such illegality. In the event that the user performs any task, engages with any content, enables any function that violates any provision of law and/or regulation, or any conduct of the user results in any violation of any applicable law and/or regulation in its jurisdiction, the Company shall have no responsibility and shall not be liable in any way or be held liable for any penalties, damages and compensation, which shall, therefore, be charged exclusively to the user. These Terms and Conditions are, to all intents and purposes of law, a legally binding document and agreement governing the relationship between the User and the Company, arising from the use of the Text Messaging Service sent or received by the User.6
After downloading and installing the Application on his device with Android operating system, the User can launch it and register his Account indicating his name and country of residence. In this way, the Application, after requesting the necessary consents, autonomously identifies and stores the User’s phone number, providing for its subsequent use by the Service, including the purpose of communication with the User, such as any calls, sending SMS to him/her, marketing and/or advertising notifications (with the User’s consent and/or otherwise within the framework of applicable law), PUSH notifications, etc. After entering the registration information, the Application will connect to the server of the Repays Service and transfer the User’s registration data to it, authenticating the User’s phone number by sending one or more verification SMS from the User’s smartphone to the mobile numbers that have already been authenticated and set up to receive for the authentication itself. The Company informs the User, and the User specifically acknowledges this, that these messages may be charged to the User according to the tariff plan subscribed by the User with the network and/or telephone operator in his country. If authentication is successful, the User’s registration will be completed and the User will receive a notification that will allow him/her to start using the Service successfully. If authentication fails, the User will be registered by the system, however the User will not be enabled to use the Service. The User unreservedly accepts that, for testing and service purposes aimed at optimizing the system, the application on a random basis may verify through test SMS sent in the background while using the app the actual availability of the mobile number to send or receive SMS. In this case, the messages sent for test purposes to verify the operation of the mobile numbering will not be paid. The Company reserves the right, in its sole discretion, to deny the opening or terminate the User’s account, including in cases where it is required or recommended by governmental, regulatory or law enforcement requirements, where applicable. It is absolutely forbidden to use the same resources with more than one account without informing the Company, which will be able to analyze the requests and decide whether to accept them or not according to its own reasons. Inviting yourself for the purpose of fraud is not allowed and will be sanctioned with the deletion of the earned bonus up to the final suspension of the account. If the company decides to close or delete an account due to violation of the terms and conditions, the user will be allowed to withdraw his earnings for 30 days. After 30 days, the earnings will be lost.
The User declares that he/she is aware of the fact that the Service may be used exclusively by the owners of the registered profiles. The User declares that the information provided to the Company as part of the account creation procedure and any subsequent identification/verification procedures are true, accurate and complete and accepts that the same will be updated from time to time, if necessary and appropriate. In order to use the Service, you must provide an active and actual cell phone number. You agree to receive SMS/text messages from the Company as part of your use of the Service and communications with you. You acknowledge that you understand that standard messaging rates may apply from your mobile carriers. Failure to provide an actual mobile number will result in your inability to use the Service. If the Company suspects that your mobile number is out of service/invalid or under VOIP service to circumvent this requirement to provide an actual mobile number, the Company reserves the right, in its sole discretion, to terminate, suspend or otherwise restrict your use of the Service. You are responsible for ensuring that the personal information in your profile (your account on the Service) is current, true and accurate, including your email address and cell phone number (if necessary, in accordance with these Terms). You are also responsible for maintaining appropriate security, control, and confidentiality of your profile information, including any personal information, identification numbers (PINs), passwords, or other confidential data associated with your profile, and for performing any actions in your profile. If you believe that your profile has been compromised, please notify us immediately by describing the problem as fully as possible by email to firstname.lastname@example.org. The User expressly undertakes to: notify the Company immediately of any unauthorized use of your password or profile, as well as any other breach of security. ensure that he/she disconnects his/her profile at the end of each session of access to the Service comply with all applicable rules and laws. The Company will not be liable for any losses you incur as a result of your failure to comply with the instructions in this section, or any warnings or notices sent by us. While Repays is in use, the App will be the default SMS App on your phone, also installing an Inbox Manager called Repays with the permissions to: WRITE_SMS SEND_SMS READ_SMS DELETE_SMS
By accepting these Terms and Conditions, the User declares that he/she is aware of and fully understands the implications of having chosen to use the Repays App. Your phone number will be shown to a third party (the SMS recipient) as your SENDER ID. This is a sensitive field, and we need to ensure that the User has full knowledge of this and the possible implications: A third party (specifically an SMS receiver) will see your phone number on the received SMS. A third party (specifically an SMS receiver) may contact or attempt to contact the User’s phone number. You are aware and with full knowledge of this possibility and it is your choice to use the Repays App and accept these conditions. The Company has no responsibility if the user is contacted by any third party SMS recipient. It is your responsibility to know the terms and conditions of the services contracted with your cellular, mobile and/or telecommunications network provider(s) and/or operator(s) (the network provider(s)) and to comply with such terms and conditions. The use of the SMS function of Repays may not be fully compatible with the terms and conditions of the services contracted between the User and his or her Network Provider. It is the exclusive responsibility and precise task of the User to know whether the SMS sending and receiving function of Repays is compatible with the terms and conditions of the services contracted with his or her Network Provider. The Company has no responsibility and no request, neither for compensation nor for any other reason and/or title, may be made to it in the event that the user incurs any type of penalty resulting from the violation of any point of his contract or commitment with the Network Provider(s). It is obviously the exclusive and full responsibility of the User to know the conditions of the contract he has signed and/or accepted with his Network Provider, what is or is not included in said telephone plan, and therefore to decide whether or not to enable the SMS sending or receiving function of Repays. If the user enables Repays’s SMS feature, this App will send and receive SMS through the user’s phone. The sending and receiving of SMS will take place automatically after the user has enabled it. In the event that the user does not have a telephone plan contracted with his or her Network Provider that includes free or unpaid SMS, there is the possibility that he or she will be charged for the SMS sent through his or her phone via the Repays App: the user is aware and fully aware of the implications and it is his or her choice to use the Repays App. The Company can never be held liable in any way and/or measure, nor can it ever be asked for any compensation and/or indemnity in the event that the User incurs any costs that have been caused by SMS sent or received through his phone via the Repays App.
After successful registration, the User will be enabled to determine the SMS sending parameters, indicating the number of text messages that can be sent by the Repays Application per day from the User’s device. The Repays Application, through its user area, will notify the User of the Payment Rate set by Repays for each text message sent from their device to Repays phone numbers. This means that the User will not be able to choose the price list parameters on their own and will need to refer to the « PRICE LIST » section for further details. There may be a different rate in the case of agreements entered into privately between a User and the Company. In such cases, the certification of such prices shall be confirmed and accepted by both parties by means of a side letter or supplementary note. The User may, at any time, stop sending SMSs, as well as change the parameters for sending SMSs (with the exception of the Payment Rate, as indicated above). Likewise, the sending of SMS will automatically cease if text messages are sent but, for any reason, are not delivered to the recipient cell phone numbers. The User will see their account marked as blocked within the Application. At this point, the User will be able to unblock the user in order to resume using the Service once before being permanently suspended in case of messages sent but not delivered correctly to the recipient. To proceed with the unblocking, the user must necessarily write to info@new.Repays.ai for an unblocking by the system administrator. It is the full responsibility of the user to be aware of the correct use policies and limits for sending and receiving SMS stipulated in the terms and conditions of the contract he has signed with his Network Provider. The SMS sending function of Repays includes a field where the user can set a daily limit to the number of SMS sent by the App. The user is aware and with full knowledge of the implications of his choice in setting the daily limit of SMS while using the Repays App. The Company has no responsibility if the user incurs any costs or penalties that have been caused by an excess of SMS sent through the user’s phone, if the daily amount of SMS sent through the Repays App is within the daily limit of SMS set by the user. The Company is the exclusive manager of the App; therefore, it is the user’s responsibility to assess whether to proceed with the use of the App and whether this does not conflict with the commitments made by the user to its Network Providers. The Company is not responsible for any violation of the commitments assumed by the user with its Network Providers/Carriers and the user will be responsible for and bear all costs, fees and damages related to the violation of its commitments with Network Providers without any claim for compensation and/or indemnity for any reason and/or cause ever being made to the Company.
By starting up the SMS sending function according to the pre-established parameters, the User starts the work of the Repays Application and will also be able to view the payment amounts that will be calculated by the Repays Service for each message sent and successfully delivered to the mobile numbers of the recipients and for each compliant test message received. SMS messages will be sent in background mode according to the settings chosen and customized by the User. The User understands that there may be a charge from the User’s mobile operator as set forth in the User’s rate plan. The Repays Application, in the dedicated areas on the site and in the customer area, will always make available to the User its Payment Rate set by the Repays Service for each text message sent from the User’s device, which may vary depending on the destination of the same, without allowing the User to choose the Payment Rate. The Repays Service may unilaterally change the User’s Payment Rate, notifying the User of such change and specifying the effective date of the change in the rate. Sending of SMS will be suspended until confirmation by the User of an updated rate. The User may review the statistics of messages sent within the user area. The fee assigned to the User will be calculated on a daily basis, counting the SMS sent or received in the previous days. Users can make a maximum of one payment request at a time and a maximum of one request per month. Payment requests will be processed within 10 business days. The request for payment can be made upon reaching a minimum threshold of accumulation, indicated in the customer area. The request will be evaluated and processed if no issues arise that require further investigation. If the payment details have not been indicated or have been indicated incorrectly and the payment cannot be made, the User must change his payment details and resubmit a request for payment of his commissions. In the event of a payment request made on data entered incorrectly by the User, the Repays Service will not be responsible for payments made to third parties or other payment data already made due to User error.
Parent users are allowed to create operational sub-accounts, which are linked to their account but will have personal credentials. These sub-accounts are operational and subject to the division of fees in accordance with the parent account, the agreement on the division of fees between accounts and sub-accounts is made directly between the parties and does not include the Company in any way. All messages sent or received by the sub-accounts will be counted only and exclusively in relation to their main parent account and the fees will be counted only and exclusively in relation to the values defined by the parent account, i.e. the one who created the sub-account role within its customer area, In the customer area of the sub-account, the User will always be provided with his or her Payment Fee in accordance with the values decided by the parent account and set by the Repays Service for each text message sent from the User’s device, which may vary depending on the destination of the same, without allowing the User to choose the Payment Fee.
You must use the App in compliance with the above terms and in good faith. The Company reserves the right to close and suspend (temporarily or permanently) any account and/or user who, in its sole discretion, engages in any of the following activities: Threatening, bullying, spamming or abusing other users or members of the App or community. Distribute viruses and other harmful technologies in the App. Defraud (or attempt to defraud) us, the App or its users. Engage in or promote illegal activities, including, but not limited to, hacking or attempting to hack into any of our systems. Any other harmful or discourteous activity. Any violation of law and/or regulatory provision.
The User is aware of and has full, sole and primary responsibility towards the mobile operator of the User for text messages sent through the Repays Application. It is the full responsibility of the User to know and familiarize himself/herself with the rate plan of his/her mobile operator and to choose to use the Repays Application by adjusting the sending or receiving parameters on the basis of his/her rate plan. The Repays Service does not guarantee the continuity of the Payment Rates, maintaining the possibility of varying them whenever the market requires it, increasing or decreasing them on the basis of the User’s needs. The User acknowledges and agrees that the Company may unilaterally change the User’s Payment Fee, notifying the User of such change on the date of the rate change. User uses the Service at its own risk and is subject to, but not limited to, the disclaimers set forth in this Agreement. The Company is not and cannot be held in any way and/or extent responsible for the provision of the respective User’s mobile operator services or connection or disconnection from the Internet, as well as any consequences or losses incurred. All services, data, tools on this website are provided « as is » and on an « as available » basis. There is no obligation to update the information on the website. The Company makes no express or implied warranties of accuracy, compatibility, reliability, completeness, integrity, or usefulness of its website. Although we make every reasonable effort to ensure that the website is secure and free from errors, viruses and other malware, we do not guarantee or warrant in this respect any external attacks that may undermine the stability of the system and the user expressly agrees that he/she shall never make any claim against the Company for damages and/or compensation on any grounds and/or causes. Users assume responsibility for their own security, that of their personal data and their computers, and any other potential or apparent risk. You agree to notify us immediately of any unauthorized access to your account or any other breach of security via the email specified in these Terms and Conditions. The Company cannot be held responsible for any errors or omissions on your part regarding any message sent through the Application. The Company offers its service as an intermediary to authorized companies and is not a representative or third party involved in sending or receiving text messages. By agreeing to these Terms and Conditions, you may request assistance from the Company to assist you in installing the Repays Application where necessary, but you will remain solely responsible for such installation, as well as the use thereof. Any information provided by the Company is intended as general information only. You are solely and entirely responsible for the actions performed through the Service. The App and Services are provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Company expressly does not warrant that: the App and/or Services will operate uninterrupted, be secure or available at any particular time or place. any errors or defects will be corrected. the App or services are free of viruses or other harmful components. the results of using the App or the Services will meet your requirements. The Company also does not warrant that the App and services have any functionality, features or content outlined, described or referenced in any document other than these Terms and Conditions. In no event and under no circumstances shall our Company or our licensors, service providers or subcontractors be liable for any express and/or implied, special, incidental or indirect fines and damages (including, without limitation, lost profits, lost data, etc.) arising out of the implementation of these Terms and Conditions and/or the operation of the Repays Service. In no event shall the Company, nor any of its shareholders, directors, employees, partners, agents, suppliers, contractors or affiliates, be liable in any way or to any extent to you or any other person for any direct, indirect, incidental, special, consequential or punitive damages, losses, costs and expenses, including, without limitation, loss of profits, data, use, goodwill or other intangible losses, including, without limitation, loss of profits, data, use, goodwill or other intangible losses, including, without limitation, (i) the use or inability to use the App or related services, including instances of breach of contract and commitments between you and network providers (ii) any conduct or content of third parties in connection with the App or services; (iii) any content obtained from the App; (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not you have been advised of the possibility of such damages.
The Company is free to use the facilities of other relevant third parties (e.g., service providers, contractors, partners) in order to provide its services. This website and applications may contain links to third party websites owned or operated by these parties, other than us. Such links are provided for reference purposes only. We do not control the external websites and are not responsible for their content. Use of such links does not imply any endorsement of the material or, unless expressly stated otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor. The use of any third-party trade name, trademark, logo, legal or official symbol means that their use is copyrighted and that they are being used on a legal basis or with authorized permission.
The Company reserves all rights, including copyrights in trademarks, means of identification, patents and other intellectual property rights used in the Repays Service, in all content used by the Repays Service, including its trademarks, service marks, designs, logos, URL addresses and trade names displayed in the Service. The Repays name and the Repays logo are our intellectual property, whether registered or unregistered. All other trademarks mentioned on our website are the property of their respective owners.
You agree to indemnify, indemnify and hold harmless our Company and our employees, agents, consultants, subsidiaries, partners, affiliates and their respective successors, affiliates and licensees from any and all claims, expenses, damages, liabilities, litigation and related expenses (including attorneys’ fees, etc.) arising out of or in any way related to your use of our Service, your violation of these Terms and Conditions (including Company policies) or the rights of any other person. You also agree to indemnify and hold Company harmless from all damages, losses and expenses of any kind (including attorneys’ fees) that Company may incur in connection with your use of Repays or inability to use the App and related services, including (but not limited to) use against the laws of the country of your residence or citizenship, or the commitments, contracts and agreements between you and your network providers. You further agree to indemnify us for any and all damages that we may incur as a result of your breach of these Terms and Conditions or otherwise as a result of your conduct.
In the event that any provision of these Terms and Conditions is held to be invalid and/or unenforceable in any country, state and/or jurisdiction, such provision shall be effective and enforced to the extent permitted by applicable law and, in any event, shall not affect the validity, legality and enforceability of the other provisions of these Terms and Conditions. The invalidity of any particular provision in any particular state and/or jurisdiction shall not invalidate such provision in any other state and/or jurisdiction
The User and the Company expressly declare and accept that this agreement, called « Terms and Conditions », is entirely subject to his own country’s jurisdiction and to the his own’s Country law, which governs its conclusion, execution, interpretation and termination, and according to which it will be interpreted, even for the purpose of resolving all disputes arising from it. The User and the Company also expressly declare that any dispute that may arise regarding the validity, execution, interpretation and application of this agreement, called « Terms and Conditions », will be competent, exclusively and expressly in derogation of any other jurisdiction, the Court of Delaware, US.
Subject to these Terms and Conditions, the Company grants you a limited, nonexclusive, non-transferable license to access and use the Repays Content for your personal use, which will automatically terminate if you suspend and/or terminate your access to the Service, or if these Terms and Conditions are terminated by either party. Such license is subject to these Terms and Conditions and does not allow for any subsequent resale, transfer, distribution, public display, modification, and/or any derivative use of the Repays Content or any part thereof for purposes other than those specifically provided for. These Terms and Conditions may be terminated: by you at any time by providing the Service with written notice at least ten (10) business days prior to the termination date. by the Company, at any time and for any reason, including breach of these Terms, by simple written notice, effective immediately and without notice. You may not use, copy or repost anything on our Website without our permission. The Company reserves all rights not expressly granted in these Terms and Conditions. The Company is free to assign its rights and obligations under these Terms and Conditions to our parent, affiliate or subsidiary, or in connection with a reorganization, merger, consolidation or sale or other disposition of all or a substantial portion of its assets. These Terms and Conditions are the complete and exclusive agreement between you and Company with respect to the subject matter hereof and supersede any prior written or oral agreements, warranties, representations or interpretations with respect to the subject matter hereof. These Terms and Conditions may be amended or updated from time to time as necessary. You are responsible for your knowledge of any amended or updated version of the Terms and Conditions placed on our website. The provisions of updated versions apply as of the date of posting, unless otherwise expressly stated. If you have any questions regarding these Terms, please contact us by e-mail: email@example.com by mail: Coalty Messenger LLC, 16192 Coastal Hwy, Lewes, DE 19958 United States
The User declares that he/she has read in detail and expressly accepts the contractual clauses set out in articles numbered: 3. (Use of the Service); 7. (Parameters of SMS sending); 8. (Fees); 10. (Limitation of Liability); 16. (Indemnity and Indemnity); 18.(Jurisdiction, Applicable Law and Jurisdiction).
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