Terms of Service.

By signing up for the Tone service (“Service”) or any of the services of Tone, Inc. (“Tone”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the most current version of the Terms of Service at any time at here. Tone reserves the right to update and change the Terms of Service by posting updates and changes to the Tone website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy before you may become a member of Tone.

Account Terms

You may not use the Tone service for any illegal or unauthorized purpose (including without limitation those listed on our Code of Conduct found at tonemessaging.com/conduct  nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of the United States of America and the state of Delaware.

You understand that you are responsible for obtaining express written consent from the owner of the mobile phone numbers to use that number to send text messages to (unless you have another legal right to use that number for texting without express consent).  You warrant to us that you have the right to transmit messages to that mobile number and that our delivery of those messages will not violate applicable laws, regulations or mobile messaging industry guidelines, and you agree to defend and indemnify us from any claim to the contrary.

You are responsible for keeping your Shopify user account and password secure. Tone cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.  You are responsible for all activity and content (data, graphics, photos, links) that is uploaded, stored or transmit under your Tone account. You warrant to us that you have the right to upload, store and transmit these items, and you agree to defend and indemnify us from any claim to the contrary.

You are and not Tone are responsible for the content of the communications with your customers, and your relationship with those customers.  You will ensure that we are not responsible for claims made by recipients of your communications against us, and you agree to defend and indemnify us from any such claim.

A breach or violation of any of the Account Terms as determined in the sole discretion of Tone will result in an immediate termination of your services.

When you use the services to send SMS message campaigns, you must do so with reference to a set of program terms consistent with the TCPA (Telephone Consumer Protection Act) and mobile messaging industry guidelines.  An example of these program terms can be found at tonemessaging.com/example-guidelines.

General Conditions

  • You must be 18 years or older to use this Service.

  • We reserve the right to refuse service to anyone for any reason at any time.

  • Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.

  • Tone does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected. Tone does not warrant that the service will be uninterrupted, timely, secure, or error-free. Tone does not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

  • You expressly understand and agree that in no event shall Tone or our suppliers be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with our site, our services or this agreement, or resulting from the use of or inability to use the service (in each case however arising including negligence).

  • Technical support is only provided via email.

  • You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Tone.

  • We do not claim any intellectual property rights over the material you provide to the Tone service. All material you submit remains yours. You agree that Tone can, at any time, review all the content submitted by you to its Service. We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service, including the Code of Conduct.

  • You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.

  • The failure of Tone to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Tone and govern your use of the Service, superseding any prior agreements between you and Tone (including, but not limited to, any prior versions of the Terms of Service).

  • Verbal or written abuse of any kind (including threats of abuse or retribution) of any Tone customer, Tone employee, member, or officer will result in immediate account termination.

  • Questions about the Terms of Service should be sent to support@tonemessaging.com.

Cancellation and Termination

  • You may cancel your account at anytime by emailing support@tonemessaging.com
  • We reserve the right to modify or terminate the Tone service for any reason, without notice at any time.
  • Fraud: Without limiting any other remedies, Tone may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.

Modifications to the Service and Prices and these Terms

  • Prices for using Tone are subject to change upon 14 days notice from Tone. Such notice may be provided at any time by posting the changes to the Tone Site or the configuration page of your Tone app via an announcement.
  • Tone reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
  • Tone shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.

Publicity and Branding

You agree that Tune may (a) publicize Your name, the fact of the Site and Your use of the Service; and (b) brand the Site with a “powered by Tone” or similar legend and/or copyright notice.

Indemnity

You agree to defend, indemnify and hold harmless Tone and its affiliates and their respective officers, directors, agents, consultants and employees from any claims, damages, liabilities, costs, and expenses (as incurred, including attorney’s fees) arising from (a) Your use of the Service or the Site; (b) the use by any third party of the Site; and (c) Your failure to comply with these Terms.

Limitation of Liability

Except to the extent prohibited by applicable law, in no event shall Tone or Third-Party Vendor, or their affiliates, subsidiaries, or third party licensors, be liable for any damages whatsoever (including without limitation, consequential, indirect, special, punitive, or incidental damages, or damages for loss of business profits, business interruption, loss or corruption of data, or other pecuniary loss) arising out of the use or inability to use the Service, even if Tone has been advised of the possibility of such damages. Except to the extent prohibited by applicable law, in no event shall the liability of Tone, its affiliates, subsidiaries, and its third party licensors, if any, for damages under these Terms or arising from use of the Service exceed the amount paid by You to Tone for the Service in the six (6) months immediately preceding the claim.

General

These Terms represent the complete agreement concerning the Service between You and Tone and supersede all prior agreements and representations related to the subject matter hereof. These Terms shall be deemed agreed in and governed by the laws of the Commonwealth of Massachusetts, excluding choice of law principles. All proceedings shall be conducted in English. You agree that venue for all proceedings shall be Suffolk County, Massachusetts, provided that venue shall also be proper in any court of competent jurisdiction where Tone seeks (a) injunctive relief against You to enforce the Terms; and/or (b) to join You in a suit brought by a third party related to the Service or the Site. The United Nations Convention for the International Sale of Goods shall not apply. Section headings are provided for convenience only and have no substantive effect on construction. Except for Your obligation to pay Tone, neither party shall be liable for any failure to perform due to causes beyond its reasonable control. Notice shall be deemed effective when received by the designated fax, email, or postal address. If any provision is held to be unenforceable, the Terms shall be construed without such provision. The failure by a party to exercise any right hereunder shall not operate as a waiver of such party’s right to exercise such right or any other right in the future.