ACCEPTANCE OF THE TERMS

1.In order to download and/or use the Website, Products and/or SmsNative Websites you must first accept these Terms. These Terms are accepted by you;

(a) when you click to accept or agree the Terms; or

(b) when use the Website, Products and/or SmsNative Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or SmsNative.

2. You cannot accept these Terms if: (a) you are not lawfully entitled to use the Website, Products and/or SmsNative Websites in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement with SmsNative.

3. In some countries the Products may be provided to you by SmsNative’s local partner. If so, that local partner may ask you to accept its own terms of service (“local terms”). If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.

4.The SmsNative website (www.SmsNative.com) is operated by Native Concepts Inc.

5.“Products” means collectively the Free Products and Paid For Products; “you” or “your” means you, the registered holder of the User Account.

TERMS

You understand and agree that any Content associated with use of the Service is subject to monitoring and subsequent removal from the Service if, in the Company's sole discretion, any such Content is found to be offensive or illegal, violates the rights of, appears harmful or threatening to other Customers or Mobile Users, or violates the terms and conditions of this Agreement.

The following is a partial list of the kind of Content that is illegal or prohibited when a Customer is using the Service. The Company will investigate and take appropriate legal action in their sole discretion against anyone who violates this provision, including without limitation, removing the offending communication from the Service and terminating the membership of such violators. It includes Content that:

1. is inappropriate to minors;
2. is offensive, such as content that promotes sectarianism,tribalism,racism, bigotry, hatred or physical harm of any kind against any group or individual;
3. harasses or advocates harassment of another person;
5. impersonating another person.
6. intentionally promotes false or misleading information;
7. is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner
8. promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
9. seeks information or results in communications concerning illegal activities such as making or buying illegal weapons, selling drugs, soliciting prostitution, or violating someone's privacy.

SMS Credits
Each SMS message has a limit of 160 characters. If you type a longer message it will be broken down into several SMS messages and you will be charged for each message sent. If you send SMS messages to more than one person you will be charged for each SMS sent to each recipient.

Content of Communications
SmsNative is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of communications made using the Website. By using the Website, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Website.

Quality
SmsNative cannot guarantee that the Website, Products or SmsNative Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Website, Products (depending on the Products used) or SmsNative Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. SmsNative takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

Linking

You may link to the SmsNative Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by SmsNative where none exists. You may not frame the Site on any other site.SmsNative may revoke the permission to link to the SmsNative Websites at any time at its sole discretion and will notify you in this respect.
Changes to Products

SmsNative is constantly improving the Website and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Website may vary from time to time. Technical requirements for use of Products and Website and feature descriptions are available on the SmsNative Website. If you do not agree with any changes to Website and Products you may terminate your relationship with SmsNative.
Promotional Offers: From time to time, SmsNative may offer Paid-For Products for free for a trial period. SmsNative reserves the right to charge you for such Products (at the normal rate) in the event that SmsNative determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.

PAYMENT

SmsNative Credit. You can purchase SmsNative Credit using any payment method made available to you by SmsNative from time to time. The SmsNative Credit that you purchase will be credited to your User Account at the time of purchase (or if you are using a SmsNative Credit voucher, at the time you redeem that voucher).

Other payment methods.
SmsNative does not guarantee that you will be able to use any one method at all times. Where one method cannot be used to pay for a Product, SmsNative will make another payment method available to you. SmsNative reserves the right to remove or amend the available payment methods at its sole discretion.

Withdrawal Right and Refund Request:

(i) SmsNative Credit: you can request a refund of any unused SmsNative Credit balance in your User Account, provided ;

(a) the balance is active; and
(b) you purchased the SmsNative Credit online directly from SmsNative and not from a third party.

(ii) SmsNative will refund any payment made for any Paid-For Products other than SmsNative Credit, so long as

(a) you have not used the Product; and/or
(b) the Product has not expired and;
(c) you purchased the Product online directly from SmsNative and not a third party. Upon a valid request being received, SmsNative will refund to you the amount you paid for the Product on a pro-rata basis.

(iii) Non-Refundable Purchases:
No refunds shall be given for;
(a) reactivated SmsNative Credit
(b) SmsNative Credit that is paid for and allocated to your User Account by a SmsNative Manager administrator;
(c) Products purchased via a third party partner of SmsNative. Please contact the partner directly, who may decide in its sole discretion whether or not to pay a refund;
(d) Products (including SmsNative Credit) that are not directly acquired online from SmsNative or that are paid for in cash using 3rd party payment methods (such as a cash payment wallet);

(iv) Charged in Error. If you believe that SmsNative has charged you in error, you must contact SmsNative within 60 days of such charge. No refunds will be given for any charges, which are more than 60 days old.

(v) SmsNative reserves the right to refuse a refund request if it reasonably believes

(a) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product;
(b) if you are in breach of these Terms or
(c) if SmsNative reasonably suspects that you are using our Products or Website fraudulently or that your User Account is being used by a third party fraudulently.

SmsNative will refund the balance of your SmsNative Credit upon request in the event you terminate your User Account(s) applicable to the SmsNative Website as permitted under these Terms or in the event that SmsNative terminates these Terms without serious cause.

Refund payments will be made in the same form as you initially made payment.

Beta
Some Service features are identified as "Beta." To the fullest extent permitted by law, Beta Features are provided "as is" and are used at Customer's discretion and risk. The User shall not disclose to any third party information from Beta Features, existence of non-public Beta Features or access to Beta Features.