END-USER SERVICES AND LICENSE AGREEMENT
SassyToll.com is willing to license to you a proprietary software program in object
code form (the "Software") only upon the condition that you accept all
of the terms of this Agreement. In the event you do not agree with any of these
terms or conditions, do not install the Software or access SassyToll.com services
(the "Services").
Please read carefully the terms and conditions of the Agreement below before installing
any Software or accessing services. By installing, copying or otherwise using the
Software or accessing the services, you agree to be bound by the terms and conditions
of this Agreement. The Software contains some or all of the following: (a) "Server
Software" that provides services on the server and (b) "Client Software"
that allows a personal computer/ mobile device to access or utilize services provided
by the Server Software.
UNDER NO CIRCUMSTANCES WILL SassyToll.COM BE LIABLE FOR DATA, WHICH WAS NEVER SENT
TO THE SassyToll.COM SERVERS BY THE SOFTWARE. YOU ARE ADVISED TO CHECK THE DELIVERY
REPORTS TABLES TO ENSURE THE DESIRED FILES HAVE BEEN TRANSMITTED.
SassyToll.com owns the Software. Under the terms of this Agreement, you receive
only a limited right to use the Software. Pursuant to this Agreement, SassyToll.com
grants to you the non-exclusive right to: (a) use the Client Software on any personal
computer / moblie device, as long as it is used in conjunction with the SassyToll.com
services ("Services") and after registering each such personal computer
/ mobile device for said Services; (b) use the Server Software on a single server
to provide the Services for internal use only after registering the Server with
SassyToll.com; (c) copy the Software into any computer / mobile device for back-up
purposes in support of your use of the Software and Services, after successfully
registering for said Services; and (d) transfer the programs and license to another
party as provided herein if the other party agrees in writing to accept the terms
and conditions of this Agreement. Any other use is strictly prohibited. You may
not use, copy, modify or transfer the Software or any copy, in whole or in part,
except as expressly provided in this Agreement. You agree not to make any attempt
to de-compile, disassemble or reverse engineer the Software or otherwise discover
or derive the source code or underlying processes, ideas, structure, organization
or algorithms of the Software.
If you transfer the programs to another party, you must at the same time either
transfer all copies whether in printed or computer / mobile device readable form
to the same party or destroy any copies not transferred, including all modifications
and portions of the programs contained or merged into other programs. At the same
time, you must transfer the ownership of the Services associated with the transferred
Software. You must also comply with all applicable export laws. Any other attempt
to transfer the Software or Services is void.
COPYRIGHT
All intellectual property rights in the Software and user documentation are owned
by SassyToll.com and as applicable its suppliers and are protected by United States
and EU copyright laws, other applicable laws and international treaty provisions.
SassyToll.com and its suppliers retain all rights not expressly granted pursuant
to this agreement.
TERM
The license is effective for the period of time for which you have prepaid SassyToll, unless sooner rejected or terminated. You may reject or terminate
the license at any time by destroying the Software together with all copies in any
form and by cancelling the associated Services. The license will terminate if you
fail to pay the fee set forth by SassyToll.com for the Services associated with
the Software, within 30 days of the due date. It will also terminate upon conditions
set forth elsewhere in this Agreement or if you fail to comply with any term or
condition of this Agreement. You agree upon such termination to destroy the programs
together with all copies, in any form. All of your data will be deleted from SassyToll.com
servers 60 days after the termination of this agreement.
LIMITED WARRANTY AND REMEDIES
SassyToll.com warrants that the Software and Services will perform substantially
in accordance with the accompanying help file. SassyToll.com undertakes to implement
reasonable precautions to ensure that all data received to their servers are protected
and available for retrieval by you as per the described service. This Limited Warranty
is void if failure of the Software or Services has resulted from an accident, abuse,
misapplication, or modification of the Software or Services. Except as expressly
set forth above, SassyToll.com shall have no liability for the software or any
services provided, including any liability for negligence. SassyToll.com makes
and you receive no other warranties, either express or implied, are made with respect
to the software or services, including but not limited to the implied warranties
of merchantability and fitness for a particular purpose, and SassyToll.com expressly
disclaims all warranties not stated herein. SassyToll.com entire liability and
your exclusive remedy shall be limited to the return of the fees paid by you for
the software and services should the software or services not meet this limited
warranty. In no event will SassyToll.com be liable to you or any other person for
any damages, including any incidental or consequential damages, expenses, lost profits,
lost savings, or other damages arising out of use of or inability to use such software
and services, even if SassyToll.com has been advised of the possibility of such
potential loss or damage.
No bailment or similar obligation is created between the Subscriber and SassyToll.com
with respect to the Subscriber's stored encrypted data.
The Subscriber is solely responsible for maintaining the confidentiality of Passwords,
including restricting the use of the Password by anyone other than the Subscriber.
The Subscriber shall be responsible for all use of the Service accessed through
the Subscriber's Password.
SassyToll.com shall not have any responsibility or obligation to the Subscriber
or any other Users of the Service to monitor supervise or oversee the contents of
encrypted files stored on the Service.
USE OF THE FREE SMS SERVICE
You are limited to the maximum of 5 SMS (texts) with the maximum of 470 characters
per transaction of use of the Free SMS Services. SassyToll.com can at anytime disable/delete
this service without prior notice.
SassyToll.com makes no guarantee that any data sent using the Free Service will
be processed or delivered in any form.
SassyToll.com shall have no liability for failed delivery of Free SMS Service,
failure to provide this service, data sent using this service.
The Subscriber shall be responsible for all use of the Service accessed through
the Subscriber's Password.
USE OF THE SassyToll SMS Services (Quit Smoke, Love SMS etc)
The End User is the person(s) of who receive this SMS service to their Mobile Phone
Device.
You accept that should the End User, including yourself , of the SMS Service Programs
Rejects, Cancels or are unable to received the requested Service SMS, you will still
be charge the full price of this service.
SassyToll will only credit you the total amount paid by you, for this service,
should there be a system failure on our side of which causes the failure of this
service. Under no other circumstances will a credit be applied to your account.
You declare that you have full written permission from the End User to send this
service to the End User.
You accept that the End User of this service has the right to cancel this service
without your approval, knowledge and without having to contact you.
You accept that you will not be informed of such cancellation and any requests made
to SassyToll with reference to such cancellation will not be answered.
You accept that the End User, has the right to report your request of this service
to any Authorises governing the provision of this type service.
You accept that the End User, can request all your person details, such as name,
contact details, Address, IP location, Phone Company, Phone Number and all other
information not listed here stored by SassyToll and use such information for the
sole and only purpose of pursuing you for any damages, labile actions, disclosures
of their information and all other legal actions, not listed here, in conjunction
with this service.
You accept that there is no guarantee that this program will work. You and the End
User are advised to seek professional advice about quitting smoking.
SassyToll.com makes and you and the End User receive no warranties, either express
or implied, with respect to this service.
You bear full reasonability of any action taken by the End User.
Ask A Friend To Join Program, And Afflilate Program
5 Free Personal Credits will be issued to your account once your Friend has successfully
joined and Confirm their phone number.
5 Free Personal Credits will only be issued on unique new users joining SassyToll
for the first time.
SassyToll may cancel this service at anytime without prior notice.
The Maximum 50 Credits per day can be issued. If you believe you can bring more
than ten new, unique users to SassyToll then contact Support of who may release
this restriction.
Fraudulent signs up in any form will result in all free credits been removed from
your account, paid credits will not be affected.
You agreed NOT to engage any system of which is Spam or is considered to be Spam.
You agreed NOT to place your Affiliate Link on any Service, of which is deemed to
an Adult Service of which the end user is required to be over 18 years of age, these
services include but not limited to, Adult, Porn, Violence, Terror, Spam, Death,
Misleading, Pinching.
SassyToll reserves the right to cancel your Affiliate link at anytime for any reason
it feels fit, to protect the users/staff of SassyToll service, and remove some/all
free Personal Credits gained by you. You have the right to appeal this decision
by contacting support. SassyToll will make all final decisions in these appeals.
No Cash alternative is offered.
Afflilate Commission
Paid Commissions (Paid Credits) are issued in Euro € only.
Paid Commission Value varies from time to time. Please check your current % value
regularly on the website. Changes to the % value will be posted on the website.
Changes to the % value may occur without prior notice. If you would like a fixed
% value please contact support.
Minimum Payout Values are set depending on the country you are in, and can be viewed
on the website. Only when a minimum payout value has been reached can the payout
transaction occur.
SassyToll.com are NOT a bank, and will not hold monies owned to you for more than
3 months. Once 3 months have passed commissions will be revered back to SassyToll.com.
You will be notified of this action by email and SMS, 14 days in advance.
Paid Commission will include 23% Sales Tax (VAT) for companies within the Republic
Of Ireland, there is no Sales Tax(VAT) for Companies outside the Republic Of Ireland.
All Non-Companies Users Within EU Member States, 23% sales tax is included is your
commission. All Taxes are returned within the Republic Of Ireland unless a non-company
user has exceed €65,000 in total commission within the EU member States. In these
cases you are required to register as a business or the sales tax will be returned
to the country revenue offices on your behave.
YOUR COVENANTS
During the term of this Agreement you will not use the Services for information,
data or material that (a) infringes on the intellectual property rights of any third
party or any rights of publicity or privacy; (b) violates any law, statute, ordinance
or regulation (including but not limited to the laws and regulations governing export
control, unfair competition, anti-discrimination or false advertising); (c) is defamatory,
trade libellous, unlawfully threatening, or unlawfully harassing; (d) is obscene,
pornographic or indecent in violation of applicable law; (e) contains any virus
or other programming routine intended to damage any system or data; or (f) is provided
in breach of any prior contractual commitment to any third party.
GENERAL
These terms and conditions shall be governed by and construed in accordance with
the laws of the Republic of Ireland, and the parties hereby submit to the exclusive
jurisdiction of the Irish courts to settle any disputes which may arise in connection
with these terms and conditions.
Revision: 16 December 2012