CATEGORIESAdmin & Developer Tools
Complete Solution for outbound SMS Text requirements.##Free app!! just pay for the SMS usage.####•Send SMS text frm any object (including campaigns)##•SMS templates with merge fields.##•Addon packages available for-SMS on Workflow, Scheduling##•Open API's
End User License Agreement (Click-Through)
1. The Service: This app allows you to send SMS from within Salesforce to Leads, Contacts & other objects. It integrates with Salesforce CRM data and objects to provide SMS templates, workflows etc. The SMS’s are delivered through SMSC connections procured by Screen-Magic from the mobile operators or aggregators in various countries. The Services offered by Screen Magic include:
a. Application on Salesforce.com which allows you to send/receive messages from Salesforce CRM
b. Connectivity between SMS Magic Application on Salesforce & SMS Magic server, hosted in USA.
c. Availability of Customer portal to track delivery of SMS messages, wherever applicable.
2. License Grants & Restrictions: Subject to the terms of this Agreement, Screen-Magic hereby grants to you a non-sublicensable, non-transferable, non-exclusive subscription to access and use the Service for your internal business purposes or other output allowed by the Service. Screen-Magic reserve all rights not expressly granted to you in this Agreement.
3. Your Responsibilities: You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to sending SMS & related telecommunication laws, data privacy, international communications and the transmission of technical or personal data. You shall use reasonable efforts to prevent unauthorized access to, or use of, the Service, and will notify Screen-Magic promptly of any unauthorized use of any password or account or any other known or suspected breach of security.
4. Copyright & Intellectual Property Ownership: Screen-Magic owns all right, title and interest, including all related Intellectual Property Rights, in and to the SMS Magic Technology, the Content and the Service, and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. The SMS Magic name, the SMS Magic logo, and the product names associated with the Service are trademarks of Screen-Magic Mobile Media Pvt. Ltd. You retain all right, title and interest in your data sent outside of Salesforce for use of the service, such as your Salesforce Organization Id, Mobile Number of your Contacts, & the SMS Content sent to them. Screen-Magic will not use this data for unauthorized purposes other than for providing the service mentioned here.
5. Fees, Billing & Renewal: The fees for the number of licenses purchased under this Subscription Agreement are mentioned in Appendix A.
6. Disclaimer of Warranties: EXCEPT AS EXPRESSLY SET FORTH, SCREEN-MAGIC MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT OR TIMELY DELIVERY OF SMS’S, AND THE SERVICE IS PROVIDED TO YOU STRICTLY ON AN “AS IS, AS-AVAILABLE” BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY SCREEN-MAGIC.
7. Indemnification: You hereby agree to, at your own expense, indemnify, defend and hold Screen-Magic and its affiliates, officers, directors, agents, and employees harmless from and against any and all claims, actions, losses, damages, liability, costs and expenses (including but not limited to reasonable attorneys’ fees and expert fees) arising out of or relating to (a) any fraud, manipulation, or other breach of these Terms by you; (b) any third-party claim, action or allegation brought against Screen-Magic arising out of the SMS’s being sent or relating to a dispute with you over the Content of the SMS or an objection by the recipient of the SMS (c) your violation of any country’s telecommunication & laws relating to SMS Promotions / Unsolicited communication via SMS etc.; etc. You further agree to abide by the following terms for sending SMS’s & any upon any violation of these terms you agree to indemnify Screen-Magic.
8. SMS Content: You guarantee that any SMS you send will not contain any content and/or any material that:
a. is infringing, libelous, defamatory, obscene, pornographic, abusive, harmful, threatening, harassing, tortuous, offensive, hateful, or racially, ethnically or otherwise objectionable, misleading or violates any law or right of any third party;
b. is any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation.
c. Is against the specific country’s rules and regulations relating to SMS Promotions, Unsolicited communication via SMS etc.
Please note that any complaints from recipients of these SMS’s or any state or government authority is the responsibility of the User and not the responsibility of Screen-Magic.
In case of violation or penalties that become applicable due to the said messages sent by the User, payment of these penalties or expenses are the sole responsibility of the User.
In addition any penalties or expenses incurred by Screen-Magic, vendor aggregator or operator are the liability of the User. Upon receipt of such complaints, Screen-Magic reserves the right to disable the User’s account.
9. Limitation of Liability: EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS, OR BREACH OF ITS CONFIDENTIALITY OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY’S AGGREGATE LIABILITY EXCEED THE AMOUNTS PAID OR PAYABLE FROM YOU IN THE 6 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. EXCEPT FOR A PARTY’S INDEMNIFICATION OBLIGATIONS, IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICE, OR THIS AGREEMENT,EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
10. Confidentiality: Either party will hold each other’s data confidential and not disclose it to third parties, except prior written consent of the other party; Or require by law. Such data shall include all software applications, Customer Data etc. exchanged for the purpose of providing the said service.
11. TERM: The initial term of this Agreement shall be for one (1) year and commence on the Effective Date. This Agreement may be renewed for additional one-year periods by mutually acceptable written agreement.
12. General: This Agreement shall be governed by Indian law without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts located in Mumbai, India. No text or information set forth on any other purchase order, preprinted form or document (other than an associated Screen-Magic quote or invoice, if applicable) shall modify the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. The parties are independent contractors and this Agreement does not create any joint venture, partnership, employment, or agency relationship between you and Screen-Magic. The failure of Screen-Magic to enforce any right or provision in this Agreement shall not constitute a waiver of that or any future right or provision unless acknowledged and agreed to by Screen-Magic in writing. This Agreement, together with any associated Screen-Magic’s quote or invoice, comprises the entire agreement between you and Screen-Magic and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein, including any previously executed electronic version of an SMS Magic subscription agreement, commonly known as a clickthrough or EULA (“Clickthrough”). After the Effective Date, if you execute a Clickthrough, such execution as well as the electronic version will be void and of no force or effect.
Copyright 2012 Screen-Magic Mobile Media Pvt. Ltd.