Client means legal persons, who register themselves on the Website and use it and the Software in accordance with the Terms and this Policy for the purpose of using the Services.
Data Subjects means all people, whose personal data is submitted to Spark Sender in connection with using the Website, Software, and the Services, including recipients of the Services (clients of the Clients).
Policy means this privacy policy of Spark sender as amended from time to time.
By accessing, viewing, logging-in to, creating an account or using the Website, Software, Services, the content provided thereon or their functionality, or by requesting and registering for the Services, you acknowledge and agree to be bound by these Terms.
You understand as well that by creating an account on the Website, you give the consent on behalf of the Client and confirm acknowledgement of the terms of processing of personal data as stipulated in the Privacy Policy.
You also acknowledge that under applicable law, some personal data can be processed without your consent and that Spark Sender reserves the right to undertake such processing when appropriate.
If you do not agree with these Terms, you may not use the Website, Software or the Services and must discontinue use immediately.
The Services allow you to send and SMS text messages, including notifications, alerts, reminders, confirmations, SMS marketing campaigns. The Services are provided via the web-based interface, text messaging mobile applications or SMS gateway access that can be integrated into your own website. Additionally, TextMagic provides Software maintenance, upgrades and customer support that enable you to send SMS text messages to recipients designated by you.
The price payable for the provision of the Services is set out on the pricing page of the Website. You agree to pay all fees required in full for use of the Services requested by you, which as described on the Website. Spark Sender reserves the right to change its prices at any time without notice, provided that any such changes shall be posted on the Website.You are therefore responsible for reviewing the Website regularly for information regarding changes to pricing.
By using the Website or Services, the Clients acknowledge and agree that they are solely responsible for: Obtaining and maintaining all computer hardware, software and communications equipment needed to access the Website, Software or Services.
Spark Sender uses on the Website the standard technology called “cookies.”
Cookies are small text files that are downloaded to a computer or mobile device of visitors of websites. Cookies are used in order to make websites work, or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognize the visitors and remember important information that will make use and navigation of a website more convenient. Some cookies, known as ‘session cookies’, expire at the end of the browser session. Other cookies, known as ‘persistent cookies’, are stored on a computer or mobile device between browser sessions. For more information about cookies, please visit www.cookiecentral.com or www.aboutcookies.org.
The Website, Software and Services shall be provided on an “as is” and “as available” basis. To the extent permitted by law, Spark Sender excludes all warranties, conditions, representations or other terms of any kind, which may apply to the Website, Software or Services, including that the Website, Software or Services are suitable for your intended use, error-free, fault-free, reliable, timely, entirely secure, virus-free or available. Any representation, condition or warranty, which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. Spark Sender is dependent on the reliability of the internet and your use of your own device to access the Website, Software and Services, and therefore Spark Sender makes no guarantees as to the outcomes or results in using the Website, Software or Services. Although Spark Sender does everything that it can to keep disruptions to a minimum, the Website, Software or Services may be from time to time temporarily suspended to carry out maintenance and support work and for other purposes as appropriate.