Last updated: February 2019

These Terms of Service govern your use of the Faretext SMS platform and related services, including the Oello messaging application. This agreement applies to all services unless expressly amended in writing by a Director of Faretext Limited.

1. Acceptance of Terms

By accessing or using our services, you agree to be bound by these Terms of Service, our Privacy Policy, Anti-Spam Policy, and Cookie Policy. Services begin upon online signup or Order date. You cannot use our services if you are unauthorised or barred by law.

2. Service Description

Faretext provides online SMS messaging capability including notifications, marketing, surveys, auto-replies, and scheduling features. Faretext may set transmission limits at its discretion and may change services for regulatory compliance.

3. Term & Minimum Period

The Agreement is effective from the first Order Commencement Date. Minimum periods of 60, 48, 36, 24, 12 months or monthly pay-as-you-go are available depending on your chosen plan.

4. Customer Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You shall not upload mobile numbers you do not have permission to use.
• Express written permission is required from recipients before adding them to SMS lists.
• Two or more complaints in 12 months constitutes a material breach.
• Previously unsubscribed contacts cannot be re-added by the Customer.
• You are responsible for backup of information and contact details.

5. Charges & Payment

Pay As You Go

Credits are charged at order (Oello) or invoice receipt (Faretext). Credits do not expire while your account remains active.

Subscription

Automatic monthly renewal until cancellation. Upgrades create a new subscription; downgrades process next month.

Monthly Commitment

Fixed monthly SMS amounts during the Minimum Period. Unused messages are non-transferable and forfeited at period end.

Low credit alerts and auto top-up are available for Oello accounts. You will be charged for every SMS sent regardless of final delivery status. Faretext may alter charges with 30 days notice; you may terminate within 5 Working Days if unwilling to accept changes. All SMS purchases are non-refundable.

6. Use of Data

Faretext does not buy, sell, or rent Customer Data. Third parties host servers and provide SMS services. Faretext may publish anonymous aggregate statistics and may record anonymised usage patterns for service improvement. We hold your Data securely and will not contact you without explicit permission.

7. Acceptable Use

• Provide accurate, complete information at all times.
• Maintain password confidentiality.
• Do not use the service for illegal purposes or transmission of unlawful, harassing, libellous, invasive, abusive, threatening, or obscene material.
• Comply with our Anti-Spam Policy at all times.
• Services are for personal use only; no resale is permitted without a reseller agreement.

8. Data Protection & GDPR

These terms are governed by the Data Protection Act 2018 and EU Directive 2016/680. Faretext may act as Controller or Processor depending on the context:

• As Controller: we collect and process data for contract management and order implementation.
• As Processor: we act only on the Controller's written instructions, ensure confidentiality, implement security measures, use sub-processors with consent, assist with subject access requests, aid in GDPR compliance, and delete or return data upon request.

9. Reply Numbers

Reply numbers are issued by network operators. Faretext is not liable if a reply number is withdrawn by the operator. Reply number rental is subject to separate monthly charges.

10. Force Majeure

Neither party is liable for failure to perform due to causes beyond reasonable control, including natural disasters, industrial disputes, power failures, government actions, civil unrest, war, or acts of telecommunications operators. Either party may terminate after 3 months of non-performance.

11. Content Responsibility

All information content is the Customer's responsibility. Faretext may pre-screen, review, filter, modify, or remove content. You are responsible for all content created, transmitted, or displayed through our services and indemnify Faretext for any loss arising from your content.

12. Intellectual Property

Faretext owns all legal rights, title, and interest in the Services and intellectual property. Our services contain confidential information not to be disclosed without consent. Faretext obtains no rights in Customer-submitted content.

13. Termination & Suspension

Either party may immediately terminate if: there is a material breach incapable of remedy or not remedied within 5 Working Days; insolvency or court-ordered liquidation occurs; or a receiver or administrator is appointed.

Faretext may immediately terminate for fraud, wilful default, breach of Anti-Spam, Privacy, or Cookie policies (deemed material), or when required by law.

If charges are unpaid by the Due Date, Faretext notifies the Customer. If unpaid within 2 days, Faretext may suspend or terminate services. Extended inactivity may result in account termination.

Either party may terminate for convenience with 90 days notice, but existing Orders continue through the Minimum Period.

14. Limitation of Liability

Services are provided "as is" without warranties for specific requirements, uninterrupted operation, or error-free performance. Neither party is liable for lost profits, business, contracts, data corruption, indirect or consequential damages. These limitations apply whether or not Faretext was advised of possible losses.

15. Changes to These Terms

Faretext may modify this Agreement. Updated terms are posted at faretext.co.uk/terms and oello.co.uk/agreement.

16. Governing Law

These terms are governed by English law with exclusive jurisdiction of the courts of England. Faretext may seek injunctive relief in any jurisdiction.

Faretext Limited, registered in England & Wales #08379209. ICO Registration #ZA054854.