TERMS AND CONDITIONS OF SERVICE (TOS)
Miyapp Bulk SMS, [hereinafter referred to as "Miyapp", "Mobile App", "the App" "Product", “the Product” “our Product” or "services" for convenience] a product of DuruSystems Integrated Services Ltd. [hereinafter referred to as "DuruSystems", "we", "us", or "The Company" for convenience], whose use of by you, our client [hereinafter referred to as "you", "client", "customer", or "user"] constitutes your outright agreement to these terms, and applies to all contents, products and/or services provided or offered to you by DuruSystems in relation to the Product. These Terms of Service (TOS) is binding on you. Any constituent part of this product whose terms are not captured by this TOS shall be deemed guided and defined by the Company’s General TOS which can be found on our website at [http://www.durusystems.com].
PUBLISHED CONTENTS COPYRIGHT NOTICE
You may not resell, use or give away the product or any constituent part in a way that is not recommended by the Company, or in any manner that infringes on the copyrights of the Company or any third party. You have NO right to edit the scripts in any way whatsoever of the website or the mobile app without prior written permission of the Company and any affected copyright owner(s). By your continued use of our website, the App, any of the products/services offered through them, or any partner sites whether managed, owned by DuruSystems or any third party, you have agreed to indemnify DuruSystems of whatever damages that may be incurred by any of the parties through such use.
All copyrights reserved. No part of this product may be reproduced, transmitted, stored or retrieved in any form commercial without express permission of the management of the Company and the various copyright owners. Any incorporated products, services and materials from third-party service providers remain the copyright reserve of their respective owners. All services provided by DuruSystems may only be used for lawful purposes. The laws of the Federal Republic of Nigeria apply. The customer agrees to indemnify and hold harmless DuruSystems Integrated Services Ltd., its staff/appointees and partners from any claims resulting from the use of our services. Use of our services to infringe upon any individual's right, copyright or trademark is prohibited. These include but is not limited to unauthorized use of copyrighted/registered names or materials, constituted names, brand names etc. Any account found to be in violation of these shall be terminated or restricted in whichever way the Company may deem necessary. Any account found to be in repeated violation of copyright laws will be terminated. If you believe that your copyright or trademark is being infringed upon, please email The Miyapp Crew on crew[@]miyapp.com with all the necessary information. Depending on the nature of the request and issues involved, we may require further documentation from any or both of the parties involved.
PRICES, PAYMENT AND VALIDITY OF TRANSACTIONS
We reserve the right to change the Product features and/or prices for various user levels at any time. A transaction is valid only after we have received payment and we have confirmed same as free of fraud. We will accept a transaction to be successful only after such transaction has been confirmed by us to be so. It is the customer's responsibility to notify The Miyapp Team via crew[@]miyapp.com or any reasonable means after paying for any product or service. This is especially necessary for customers paying by any of the non-automatic payment methods, such as bank deposit and transfer, Perfect Money, Western Union etc. DuruSystems reserves the right not activate new orders or new packages for customers who have an outstanding balance with the Company.
ACCOUNT SETUP AND MEMBERSHIP
An account may be setup or deemed active only when all the necessary conditions as recommended are met, including correctly filling out all fields on the registration form, and submitting same successfully. The Company reserves the right to approve, disapprove or cancel any registration or request for new account setup at its discretion.
Your continued use of the Product and/or any associated service(s) as provided by the Company and/or its partners is solely at your own discretion. It is your responsibility to provide us with an active email address. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure that the phone number and email address on file are current and up to date at all times. Providing false contact information of any kind will result in the immediate termination or suspension of your account.
MONEY BACK GUARANTEE
We maintain a 30-day money-back guarantee policy for VIP members requesting for personal reseller websites. You shall be refunded your upgrade money, less the stamp duty charges, domain registration fee, one year hosting web fee, and any extra costs incurred by the company in the process of executing the requests, or as a result of any requests made by you, the value of which is at the sole discretion of the Company. The money back guarantee will not be honoured if such will incur extra operational costs on the company equal to or above the amount to be refunded. We reserve the right to refund a prorated amount or no refund at all if there is any indication for foul play on the part of the customer. Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us. In addition, payments made for purchase of sms or any package units or bundles and account upgrade fees are not entitled to any form of refunds. Violation of any section of the Terms of Service will waive the refund policy. Restricted accounts are ineligible for any sort of refunds. Money-back-guarantee is not applicable to members who registered under any kind of free membership. There is no refund of any kind whatsoever, after the 30-day period from registration date has elapsed.
DELIVERABILITY AND WORLDWIDE BULK SMS
Miyapp is equipped with facility for worldwide sms delivery, and we have tested and confirmed it to successfully send sms to most countries and networks worldwide at the prevailing time and conditions. Since delivery depends partly on the receiving country and the network provider involved, we do not however, guarantee or warrant the availability of such service or feature for any particular country or network, for any purpose whatsoever.
User may not create or send sms with copyrighted, registered, or constituted names of any government or its agencies, corporate bodies or institutions without prior written permission or express consent of such agency or organization indicating that an authority has been issued in that regard.
Sending with any of such names, whether in combinations, abbreviations or any plane or disguising format is highly prohibited on our platforms, and shall lead to account termination, for which all credit balances shall be forfeited.
The following words fall under our restricted sender names and sms content keywords. Users are strictly advised to refrain from creating or using them, as they will either be disapproved, or be deactivated upon creation, or lead to your account being terminated upon detection. Verifiable documentation indicating authenticity of your right of authority to do so may be accepted if you made such available to The Miyapp Crew prior to creating or sending sms with such sender names. These include, but not limited to, any name relating or referring to:
Names of Banks;
Names of statutory bodies;
Names of local, national or international government organizations, agencies and parastals;
All names of incorporated local, national and international organizations, agencies;
All statutory names of national, states and local government authorities etc.
TDDC DEDICATED DELIVERY CHANNEL
SMS delivery through this channel is strictly transactional. Sending promotional messages is highly prohibited. In simple terms, sms messages sent via this channel must be between an organization and her already existing customers, members etc. Using this channel requires that you send a request to [support @miyapp.com] with your company letterhead, clearly stating the following:
Registered organization/business name
Your username/email on miyapp.com
Sample or brief description of the bulk sms messages you will be sending
Sender ID's to be used during the course of messaging
BIZBOOSTER & GEOLOCATION BULK SMS FEATURE
This is a special feature created to enable our customers have the ability to send messages to gsm users according to their locations. However, people move from place to place, and gsm network switching from one base station to another is seamless. We therefore do not guarantee or warrant that any particular gsm line will be physically positioned in any geographic location as at the time of activating, initiating, sending or receiving any sms message through our platforms, products, or the associated features, including but not limited to BizBooster. This feature is provided 'as is' and we do not guarantee or warrant the availability, merchantability of this product feature for any particular location, purpose, usage, result or time frame.
For the sake of ease of running bulk sms business under us as a reseller, we may provide user with free/unpaid products or services, including but not limited to free website, free API, free hosting etc. We provide these 'as is' and do NOT in any way guarantee that any of these will remain permanently free. The free website made available to you by us is non-transferable. Upon termination of your account, we reserve the right to transfer your customers on the website to any other website for the purpose continuation of service to the affected customers. DuruSystems reserves the right to temporarily or permanently suspend any of the free services at any time, and at her own discretion with or without prior notification to customer. As a reseller on our platform, you are responsible for messages sent via the website we have made available to you. You may not tamper with any of the website scripts, API settings etc., as this may lead to immediate suspension of your account or any reasonable measure that may be deemed necessary by us. For the period of free hosting service, you accept that you shall NOT in any way tamper with the website and the API settings.
SECURITY AND MONITORING
This Product, including all related services are provided only for legitimate customer use. It may be monitored for all lawful reasons, for the purposes of ensuring that the use is legitimate and/or complies with this Terms of Service (TOS), for management of the system, to facilitate protection against fraudulent use and access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. Use of our Product constitutes consent to monitoring for these purposes. Any account found connecting to any unverified third party material, network, product or service without authorization from the third party is subject to termination. Access to or use of third party names, trade names, trademarks, products, services or materials must be with express written consent from the third party(ies). DuruSystems may, at its discretion, request and require documentation to prove that such access/use is authorized.
The Company reserve the right to refuse service to anyone. Any name, trade names, trademarks, products, services, materials etc that, in our judgment, is obscene, threatening, illegal, or violates any section of this TOS in any manner may be removed, disabled, or the account involved completely terminated with or without notice. If in doubt regarding the acceptability of your name, trade names, trademarks, products, services materials etc, or that of a third party on Miyapp platform, please contact The Miyapp Crew via crew[@]miyapp.com and we will be happy to assist you. Your account will be suspended or terminated altogether if we feel there is a violation of our policy on acceptable materials and/or usage.
ZERO TOLERANCE ON FRAUDULENT MESSAGES
We maintain a zero tolerance stance against sending of fraudulent messages. The use of our service for any form of fraudulent activity is unacceptable, and will lead to immediate account termination. Any user who sends out messages, which in the views of the Company is fraudulent or infringing on the public will have their account terminated with or without notice. In which case all available sms units in the affected account shall be forfeited.
DuruSystems reserves the right to require changes or disable as necessary any name, trade names, trademarks, products, services, materials etc that does not comply with its established policies, and to make any such modifications in an emergency at its sole discretion.
Your account may be suspended or completely terminated if you are found to be creating or dispatching messages with deceptive content or sender names.
We reserve the right to charge the holder of the account used to send any fraudulent or infringing messages responsible for a 'cleanup fee' or any charges incurred as a result of such unacceptable use. The cost of such fee is entirely at the discretion of DuruSystems.
ACCOUNT SUSPENSION, CANCELLATION AND REFUNDS
DuruSystems reserves the full rights to terminate, suspend, or otherwise restrict access to your membership account at any time with or without notice. Abuse of any section of our TOS, policies, or our staff/agents in any medium or format will result in the suspension or termination of your account. Any act, material, or whatsoever found to be abusive, intrusive, or endangering to the Company, its staff, customers, members of the public etc. coming from you or relating to your membership and/or use of the Product will lead to the immediate suspension and termination of your account. In which case the company shall work and/or comply with appropriate law enforcement agencies to ensure a redress. There is no refund for accounts terminated as a result of violating any section this TOS, and/or the company policies.
REQUEST FOR ACCOUNT CANCELLATION
Customer may request for membership cancellation at any time by sending an email request, or any of the methods that may be recommended by the Company, or sent to Customer in response to such request. Once we receive your cancellation and have confirmed all necessary information with you via e-mail or any reasonable means the Company chooses, we will inform you (typically via same method) that your account has been terminated. We may recommend that termination of services request be done through email or any reasonable means to among other things;
(a) confirm your identity,
(b) confirm in writing you are prepared for all details to be removed, and
(c) document the request.
This process reduces the likelihood of mistakes, fraudulent/malicious requests. There is no refunds for sms packages/units bought.
BACKUPS AND DATA LOSS
Miyapp and the associated products, website(s) and mobile applications are provided "as is", hence your use of it and any associated services is at your sole risk. Our system runs periodic backups, of which we still do not guarantee 100% data preservation at all times, hence you are advised to keep backup of any data you enter on our websites, and mobile app, as we shall not accept responsibility for the losses whatsoever of any data residing on your account. Your use of our product constitutes your acceptance to take full responsibility for a backup of your files and data transferred for the sake of executing your businesses in relation to the Product, and to maintain all appropriate backup of same.
DISCLOSURE TO LAW ENFORCEMENT
DuruSystems may disclose any member information to law enforcement agencies without further consent or notification to the member upon lawful requests from such agencies. We will cooperate fully with law enforcement agencies.
Customer agrees to defend, indemnify, save and hold DuruSystems harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against DuruSystems, its agents, its customers, officers and employees, that may arise or result from any service provided, performed or agreed to be performed or any product sold by customer, its agents, employees or assigns which may have involved, or facilitated by any of our products. Customer agrees to defend, indemnify and hold harmless DuruSystems against liabilities arising out of;
(1) any injury to person(s) or property(ies) caused by the use of any of the products/services, or otherwise distributed in connection with the Product;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) any use of our products for unauthorized, fraudulent, or deceptive activities;
(4) copyright infringement and
(5) any defective products/services sold to customers which may have been facilitated by the Product or any associated service(s).
By using our Product, you agree to submit to binding arbitration. If any disputes or claims arise against DuruSystems or its subsidiaries, such disputes will be handled by an arbitrator of DuruSystems' choice. An arbitrator from the Nigeria Bar Association will be selected in the state of Imo State, Nigeria or as may be decided by the management of the Company. Arbitrators shall be attorneys or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.
Our Product(s) and the incorporated services may contain information, products, services or resources that may be based upon a particular time frame. Since the Internet/web is constantly changing, and DuruSystems' business policies are continuously modified, the features of the products may change with time. We cannot be held responsible for such changes. All product names, logos and artworks remain copyright properties of their respective owners. While all attempts have been made to verify information provided, the Company and its staff assume no responsibility for errors, omissions, or contrary interpretation of the subject matter herein. We reserve the rights to make limitless changes to the product as a whole, including sms unit/package prices, Product features, web links and websites that may be related to it without prior notice.
We shall not be responsible for any damages your business may incur as a result of using our products or services. We make no warranties of any kind, expressed or implied for the Product or its incorporated services. This Product is offered 'as is', and we hereby disclaim any warranty, merchantability or fitness of the product for a particular purpose. These include loss of data resulting from delays, non deliveries, wrong delivery, and any service interruptions whatsoever, caused by the incorporated services associated with the Product, or by DuruSystems, its employees or any third party service provider.
We maintain a firm policy on personal privacy and security. However, we assume no responsibility for losses or damages whatsoever that may arise from data entered or retrieved through this website, or its partner sites managed by the Company or a third party. We assume no responsibility for any losses that may be incurred as a result of any financial transaction whatsoever with any third party in relation to the services offered through the Product, or in relation to its features.
CHANGES TO POLICY AND THE TOS
DuruSystems reserves the right to revise any part of this TOS, or the whole of its policies, including sections of these Terms of Service (TOS) at any time without notice.