CoinBox Terms and Conditions
I – General conditions:
These are the Terms of Sixteen LLC (hereinafter, the “Company”, “we” or “us”), a company incorporated in accordance with the law of …. (Reg No.: ….), with a registered office address: ….. The Company provides the Service (the “CoinBox”, the “Service”) as to SMS messages sending solution supported by the CoinBox Application (the “CoinBox Application”, the “Application”).
If you do not agree to these Terms and refuse to contract with the Company, You are not obliged to comply with these Terms and register your Account with us, therefore You are not eligible to use our Service.
You are not eligible to accept these Terms and contract with the Company, if you are under the age of 18.
No person can accept these Terms and Conditions (the “Terms”), register or use the CoinBox App and related services thereof (also referred as the “App”), if:
– A person is below legal age in order to enter into binding agreement (including cases when consent of parents or custodians is needed) or in any other way legally unable to form a binding agreement as indicated herein;
– If a person is prohibited from using or receiving the App or similar type of products under applicable laws, including laws of the jurisdiction of such person’s residency or citizenship;
By clicking ‘Agree’ below, you agree to these Terms. These Terms are entered into by and between You (the user) and Sixteen LLC ….. (registry code 14362929, located at …..) ( “CoinBox”).
These Terms govern use of the App, your relationship with CoinBox and other matters described herein.
By accepting the Terms, you confirm that you have carefully read and understand these Terms and you agree to be bound by these Terms and any terms of the documents referenced herein. When accepted by you, the Terms form a legally binding agreement between you and CoinBox. If you disagree with any part of the Terms, then you shall not proceed further and shall not access the App.
CoinBox Application (or Application) means a designed program that can be loaded to the User’s Android device (smartphone) for sending text messages to specific mobile phone numbers operated by Sixteen LLC and/or its partners.
CoinBox Service (or Service) means the CoinBox software package, which includes a mobile application, a website and other software tools enabling the User(s) registered in the Service to send text messages to specific mobile phone numbers operated by Sixteen LLC and/or its partners and perform other actions provided by the Company in the Service’s infrastructure.
User means You and any other individual who is lawfully eligible to enter into this agreement, and that is registered in the Service using it in accordance with the provided functionality.
Payment rate means a fee paid to the User by CoinBox for text messages sent from the User’s device to CoinBox mobile phone numbers.
Price Listing means the amount of money paid out to the User per each text message sent from the User’s device to CoinBox mobile phone numbers through the loaded and installed CoinBox Application, and which is automatically calculated by this Application.
THE SUBJECT OF THE TERMS
The CoinBox application should be loaded by the User to his/her Android device to send monthly a predetermined number of text messages to specific obile phone numbers operated by Sixteen LLC and/or its partners, within the current tariff plan of mobile operator whose SIM-card is used in the User’s device, for a fee paid by CoinBox per each SMS sent thereby.
– It’s the responsibility of the user to know the specific regulations of it’s own jurisdiction before he performs any tasks, engages with any content or enables any features offered in-App, and to be aware of any tasks, content or features that may be not legal in his jurisdiction and the user shall comply with such regulations. If user acts against applicable regulations, such user shall not register and refrain from using the App.
– The user cannot accept any task, engagement or feature that is not legal, or triggers a violation of regulations or any other legal document, in his jurisdiction, even if he is not aware of such illegality.
– In the case that the user performs any task, engages with any content or enables any feature that violates any regulation, or triggers a situation where a regulation is infringed, in his jurisdiction, CoinBox has no responsibility and shall not be liable for any penalties, damages and compensations.
These Terms are a legally binding document and agreement governing the relationships between the User and the Company, arising out of the Service use upon text messages sending by the User.
ACCOUNT & REGISTRATION PROCEDURE
After the User downloads and installs the Application on his/her device with the Android OS, he/she can launch it and register its Account by indicating his/her name and his country of residence.
Thereat, the application automatically identifies and memorizes the User’s phone number, which is planned to be used subsequently by the Service, including the purpose of communication with the User, such as eventual calls, SMS sending to him/her, e.g. marketing and/or advertising notifications (with the User’s consent and/or otherwise within the framework of applicable law), PUSH notifications, etc.
After the registration information is entered, a mobile Application will connect to the server of CoinBox Service and transfer to it the User’s registration data, as well as try to send several test SMS messages from the User’s smartphone to the ‘test’ mobile numbers of the CoinBox network. Accordingly, such messages will be charged by the User’s mobile operator as provided by the current supported tariff plan.
If test messages are delivered successfully, the User’s registration will be completed and the User will receive a notification that he/she can successfully start using the Service.
If test messages delivery failed, the User will be also registered by the system, however the User will receive a notification that the Service is not available to him/her at that moment. Thereat, the User will be also notified that the Аpplication on a regular basis (monthly) continues test SMS-messages sending in the background mode, while the User is or stays logged in. In this case, messages will be charged by the User’s mobile operator as provided by the current supported tariff plan. Just after the testing results are successful, the Application will notify the User about it as well as about the Service availability to the User from then on.
We reserve the right, at our sole discretion, to decide on the User’s account opening, including the cases when it is required or recommended by applicable governmental, regulatory or law enforcement requirements, where applicable.
The Service shall be used exceptionally by the owners of registered profiles. You agree that the information you provide to us under the procedure of account creation and under any subsequent identification/verification procedures is accurate and complete and will be updated from time to time, if necessary and as appropriate.
To be able to use our Service, you should indicate an actual mobile phone number. You agree to receive SMS/text messages from us as a part of the use of the Service and communication with you. We do not charge for SMS/text messages. Standard charges rates for messaging via mobile devices may be applied by the mobile operator. Failure to provide an actual mobile phone number may result in limitation of the use of the Service. If we suspect that your mobile number is out of the service/invalid or you use the VOIP service to circumvent this requirement as an actual mobile number provision, we may suspend or otherwise restrict your use of the Service.
You bear responsibility for making sure that personal information in your profile (User’s account in the Service) is up to date, true and accurate, including your email address and mobile phone number (if necessary, in accordance with these Terms).
You are also responsible for maintaining appropriate security, control and confidentiality of your profile information, including any personal data, identification numbers (PIN), passwords, or other confidential data associated with your profile, as well as for performing any actions in this profile.
If you think your profile has been compromised, notify us immediately about it describing the problem as thoroughly as possible:
by email: firstname.lastname@example.org
by written notice to the address: ………
You are responsible for (i) immediately notifying us of any unauthorized use of your password or profile, as well as of any other breach of security and (ii) making sure of logging-off your profile at the end of each session when accessing the Service.
We shall not be liable for any losses you incurred as a result of non-compliance with the instructions set out in this section, or any notices or warnings sent by us.
1 – While CoinBox is in use, the App will be the default SMS App of the phone, with permissions to:
– The user is aware and with full knowledge of the implications and it’s his choice to use the CoinBox App.
2 – Their phone number will be shown to a 3rd party (the SMS receiver) as SENDER ID.
This is a sensitive field, and we need to make sure that the user has a complete knowledge of this and possible implications:
– A 3rd party (specifically an SMS receiver) will see their phone number on the received SMS.
– A 3rd party (specifically an SMS receiver) may contact or try to contact the user’s phone number.
– The user is aware and with full knowledge of this possibility and it’s his choice to use the CoinBox App and agree to such conditions.
– CoinBox has no responsibility if the user is contacted by any 3rd party SMS receiver.
3 – It is the user’s responsibility to know the terms and conditions of the services contracted with his/her cellular, mobile and/or telecommunications network provider(-s) and/or operator(-s) (the Network Provider(-s)) and to comply with such terms and conditions.
– The usage of CoinBox’s SMS feature may not be fully compatible with the terms and conditions of the services contracted between the user and his/her Network Providers.
– It is the user’s responsibility to know whether or not CoinBox’s SMS feature is compliant with the terms and conditions of the services contracted with his/her Network Providers.
– CoinBox has no responsibility if the user incurs in any kind of penalties that result of the violation of any point of his/her contract or undertaking with the Network Provider(s).
– It is the full responsibility of the user to know the conditions of the contract he signed with his/her Network Provider(s), what is or not included in such phone plan, and then decide whether or not enable CoinBox’S SMS feature.
– If the user enables CoinBox’s SMS feature, this App will send SMS via the user’s phone. The SMS sending will happen automatically after the user enabled it.
– In the case that the user does not have a phone plan contracted with his/her Network Provider that includes free or unpaid SMS, there is the possibility that he will be charged for the SMS send through his phone via CoinBox App.
– The user is aware and with full knowledge of the implications and it’s his choice to use the CoinBox App.
– CoinBox has no responsibility if the user incurs in any costs that were caused by SMS sent through his phone via CoinBox App.
SMS SENDING PARAMETERS
After successful registration, the User will be enabled to determine the SMS sending parameters, indicating what number of text messages can be sent by the CoinBox Application per day from the User’s device.
Please note: The CoinBox Application, on its own, will notify You of your Payment Rate set by the CoinBox per each text message sent from your device to CoinBox phone numbers. This means that You will not be able to choose a Payment Rate parameters by yourself. Please, refer to the “PRICING LIST” section below for further details.
The User is allowed, at any point, to stop sending text messages, as well as change the SMS sending parameters (except for the Payment Rate, as stated above).
Likewise, the SMS sending will cease automatically, if text messages are sent but, for any reason, not delivered to the CoinBox mobile numbers. The User will receive a respective notification of that and the CoinBox Application, therefore, will proceed in a test mode. Thereat, the User will be also notified that the Аpplication on a regular basis continues test SMS-messages sending in the background mode, while the User is or stays logged in. In this case, messages will be charged by the User’s mobile operator as provided by the current supported tariff plan. Just after the testing results are successful, the Application will notify the User about it as well as about the Service availability to the User from then on.
– It’s the full responsibility of the user to know the fair usage policies and SMS sending limits stipulated on the terms and conditions of the contract he signed with his/her Network Providers.
– CoinBox’s SMS feature includes a field where the user can set a daily limit to the number of SMS sent by the App.
– The user is aware and with full knowledge of the implications of it’s his choice when setting the daily SMS limit while using the CoinBox App.
– CoinBox has no responsibility if the user incurs in any costs or penalties that were caused by: excess of SMS sent through the user’s phone, if the daily amount of SMS sent via CoinBox App is within the daily SMS limit set by the user.
– CoinBox is only the operator of the App, therefore it is responsibility of the user to assess, whether to proceed the usage of the App and whether it does not contradict to the undertakings taken by the user in respect of his/her Network Providers. CoinBox shall not be responsible for any violations of the undertakings between the user and his/her Network Providers /carrier and the user shall be responsible and bear all costs, fees and damages in respect of the breach of his/her undertakings in respect of the Network Providers.
V – Acceptable Use of the App
We kindly ask you to use the App respectfully and in good faith. We reserve the right to (either temporarily or permanently) suspend any accounts or users, who, in our judgement, engage in any of the following activities:
– Threatening, bullying, spamming or abusing other App or community users or members;
– Distributing viruses and other harmful technologies in the App;
– Defrauding (or attempting to defraud) us, the App or its users;
– Engaging in or promoting illegal activities, including but not limited to hacking or trying to hack into any of our systems;
– Any other harmful or impolite activities.
By starting SMS sending in accordance with the predetermined parameters, the User launches the CoinBox Application work and further can see the Payment amounts to be calculated by CoinBox Service per each message sent and successfully delivered to CoinBox mobile numbers.
SMS messages will be sent in the background mode in accordance with the settings chosen and customized by the User, being charged by the User’s mobile operator as provided by the current tariff plan supported.
The CoinBox Application, on its own, will notify the User of his/her Payment Rate set by the CoinBox Service per each text message sent from the User’s device to CoinBox phone numbers, without letting the User to choose the Payment Rate.
The CoinBox Service may unilaterally change the User’s Payment Rate, notifying the User of such change on the date of the tariff change. The SMS sending will be suspended until the User confirms an updated tariff.
The User can review the statistics of sent messages in the Application.
The Fee assigned to the User will be re-calculated every 1st day of the month, based on the amount of text messages sent in the preceding month. The disbursement of calculated funds should be implemented on the same day by the payment method indicated (if so) by the User in the CoinBox Application. If payment data were not indicated or were indicated erroneously and the payment cannot be carried out, then the User may amend his/her payment data and make an iterated request for the Payment. Thereat, the CoinBox Service is not responsible for the payments to another or third party payment data already carried out by the User’s error.
The User bears full, sole and primary responsibility to the User’s mobile operator for text messages sent through the CoinBox Application. It is the User’s full responsibility to familiarize himself/herself, on his/her own, with the tariff plan of his/her mobile operator and settle accounts with him on the basis of current established tariffs.
The CoinBox Service does not warrant the constancy of Payment Rates. You acknowledge and agree that CoinBox may unilaterally change the User’s Payment Rate, notifying the User of such change on the date of the tariff change.
You use our Service at your own risk and subject, but not limited, to the disclaimers stated in this Agreement.
CoinBox is not and can not be held liable or responsible for the ongoing smooth functioning and provision of the respective User’s mobile operator services, or the Internet connection or disconnection, as well as any consequences thereof or losses incurred.
Any services, data, tools on this Website are provided “as is” and on an “as available” basis. We have no obligation to update information on the Website. To the maximum extent permitted by the law, we provide no expressed or implied warranties of accuracy, compatibility, reliability, wholeness, integrity, usefulness of our Website.
While we use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we do not warrant or guarantee in that regard. Users take responsibility for their own security, that of their personal details and their computers, and any other potential or obvious risks. You commit yourself to notify us immediately of any unauthorized access to your account or any other breach of security by email indicated in these Terms.
We are not held liable for any errors or omissions made by you regarding any sent message through the Application.
We are not an intermediary, representative or other person involved in the text messages sending on your side or on any User’s side.
By agreeing to these Terms, you may be advised by us to assist you in the CoinBox Application installation, where necessary, but you are solely responsible for this installation, as well as for the use of it.
Any information provided by us is intended for general information only. You are solely responsible for the actions performed through the Service.
Your use of the App and services is at your sole risk. The App and the services are provided on an “AS IS” and “AS AVAILABLE” basis. The App and the services are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
CoinBox do not warrant that a) the App or services will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the App or services are free of viruses or other harmful components; or d) the results of using the App or services will meet your requirements.
CoinBox does not warrant that the App and services has any functionalities, features or content outlined, described in or referred to in any document other than these Terms.
We may use facilities of the other relevant third parties (e.g., service providers, contractors, partners), in order to provide our services.
This website and applications may contain links to third-party websites owned or operated by these parties, other than us. Such links are provided for reference purposes only.
We do not control external websites and are not responsible for their content. Such links use does not imply any endorsement of the material or, unless expressly stated otherwise, any sponsorship, affiliation or association with its owner, operator or sponsor.
Any third-party trade name, trademark, logo, legal or official symbol use shall mean that their use is protected by copyright and they are used on a legal basis or by authorised permission.
INTELLECTUAL PROPERTY RIGHTS
We reserve all rights, including copyrights to trademarks, means of individualization, patents, and other intellectual property rights used in the CoinBox Service, to all content used by the CoinBox Service, including our trademarks, service marks, projects, designs, logos, URL addresses and trade names displayed in our Service. The CoinBox designation and CoinBox logo are our intellectual property, whether registered or not. Any other trademarks mentioned on our website are the property of their respective owners.
You agree that you will not use the CoinBox Service in order to fulfil any such illicit activity or take any measures that may have a negative influence on CoinBox activity. You must not take part in any of the following activity through the Service:
(1) try to get unauthorized access to our Service or another User’s profile;
(2) circumvent or take any endeavours to circumvent the established prohibitions and/or restrictions;
(3) violate any law, statute, resolution, decree or regulation,
(4) use our Service for any purpose other than that permitted by these Terms,
(5) engage in any activity that is abusive, impedes or disorders the provision of our services;
(6) use the CoinBox Service in any manner that causes an internet or telecommunications provider to complain about your use or violates the industry standards, policies and applicable guidelines of any telecommunications associations;
(7) launch or facilitate, whether intentionally or unintentionally, a denial of service attack on the Service or cause any impacts on CoinBox Service availability, reliability, or stability;
(8) transmit any materials that contains viruses, Trojan program, spyware, worms or any other malicious, harmful, or deleterious programs.
If your access to the Service is blocked (including by your IP address blocking), You agree not to take any measures to circumvent such blocking (e.g., by masking your IP address or using IP address of proxy server).
The use of our Service in connection with any activity related to illegal products or services is prohibited.
We reserve the right to temporarily or permanently suspend access to your account or otherwise restrict your use of the CoinBox Service, if a violation of this section is revealed.
We do our best to make CoinBox Service safe. To achieve this goal, you undertake:
- not to engage CoinBox in illegal multi-level marketing, such as a pyramid scheme;
- not to download viruses or other malicious code;
- not to request registration information or access to other Users’ accounts, not to collect the content and information about other Users;
- not to intimidate, threaten and/or pursue any User;
- not to post content and/or send SMS messages that contain discriminatory statements, excites aggression, or includes pornographic materials, threats, scenes of violence; contains nudity, etc.;
- not to use the Service for illegal purposes, as well as not to mislead CoinBox or other Users;
- not to carry out activity that could lead to a cut-off, reboot, damage of the CoinBox Service or activity related to interference with the display of visual pages of the Service, or other functions of the Service;
- not to encourage or support any violations of these Terms.
We reserve the right to ordinarily cancel these Terms and terminate your access to the App and our services without stating any grounds by serving you at least 7 days prior notice. We have the right to cancel such Terms and terminate your access to the App and without prior notice, should you violate these Terms, or if you use the App in a way that we reasonably believe it creates or may create legal liability for us or infringe rights and interests of other persons. We reserve the right to suspend your access to the App if it is necessary to prevent damages to you or other users of the App and/or to ensure the proper functioning of the App or for other similar reasons.
You agree to indemnify and hold harmless our Company and our employees, agents, advisors, subsidiaries, partners, affiliates and their respective successors, affiliated persons and licensors against any claim, expense, damage, liability, litigation and expenses related to it (including the lawyers’ fees, etc.) whatsoever arising out of or in any way connected with your use of our Service, violation of these Terms (including the Company’s policies) or the rights of any other person.
You agree to hold CoinBox harmless against all damages, losses and expenses of any kind (including reasonable legal fees) which CoinBox may incur in connection with your use or inability to use the App and related services, including, but not limiting to the use against the laws of your country of residency or citizenship, or undertakings, contracts and agreements between you and your Network Providers. You also agree to indemnify all damages, that may occur to CoinBox as a result of any content you provide or your violation of These terms.
LIMITATION OF LIABILITY
Under no circumstances, our Company or our licensors, service providers or subcontractors shall be liable for any implicit, special, incidental or indirect fine and damage (including, without limitation, loss of profits, loss of data, etc.) arising out of implementation of these Terms or operation of the Service.
If You are a resident of the country, the jurisdiction of which does not allow disclaimer of warranties and representations, as well as limitations of liability, our liability will be limited to the maximum extent permitted by law.
In no event shall CoinBox, nor its shareholders, directors, employees, partners, agents, suppliers, contractors or affiliates, be liable against you or any other person for any direct, indirect, incidental, special, consequential or punitive damages, losses, costs and fees, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, including but not limiting to (i) use or inability to use the App or services related thereof, including cases of breach of your contract and undertakings between you and your Network Providers; (ii) any conduct or content of any third party in relation to the App or the services; (iii) any content obtained from the App; (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage.
In addition, we are not responsible for any loss of your BIRD tokens or other digital currency due to mishandling, theft or any other factor outside our direct control or in cases indicated in these Terms.
In case any provision in these Terms shall be held invalid, illegal or unenforceable in any jurisdiction, such provision shall be effective and observed as much as can be permitted by the applicable law and without affecting the validity, legality and enforceability of other provisions of these Terms, remaining them in force.
The invalidity of a particular provision in a particular jurisdiction shall not invalidate such provision in any other jurisdiction.
ARBITRATION AND GOVERNING LAW
You and the Company agree to resolve any disputes arising out of these Terms by negotiation. This condition may not be observed upon revelation of the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secret or patents.
You and the Company agree to notify each other in writing about any dispute within thirty (30) days from the moment it arises.
Notices meant for the Company should be sent to ………
You and the Company further agree:
(a) to attempt to comply with the claim requirements prior to any requirement in the arbitration;
(b) that any arbitration or any legal proceeding will take place in …….. communicated in English language and governed by ……… law;
(c) that arbitration will be held confidentially by one arbitrator who is legally trained and who has experience in the telecommunications and information technology field and is independent of either party.
The relationship between you and the Company under these Terms shall be interpreted, construed and governed by the laws of Cyprus, without regard of its choice of law principles.
NO PARTNERSHIP OR AGENCY
Nothing in these Terms is intended or should be construed as creation of partnership between you and us, nor allow any party act as an agent to any other party, and neither of parties has the right to act on behalf of the other party.
All provisions of these Terms, which by their nature should survive termination shall survive termination, including, without limitation, Intellectual Property provisions, Disclaimers, Indemnity, Limitation of Liability.
Under these Terms we grant you a limited, non-exclusive and non-transferable license to access and use CoinBox content for your personal use, which will be automatically terminated if we suspend or terminate your access to the Service, or if these Terms are terminated by either party. Such license is subject to these Terms and does not allow any action on subsequent resale, transfer, distribution, public display, modification and/or any derivative use of CoinBox content or any part thereof for other than the intended purpose.
These Terms may be terminated (i) by You at any time upon providing the Service with a written notice at least 10 (ten) business days prior to the date of termination, and/or (ii) by the Service at any time for any reason, including these Terms violation.
You may not use, copy or resubmit anything on our website without our permission. We reserve all rights not expressly granted in these Terms.
We may assign the rights and obligations arising from these Terms to our parent company, affiliated company or subsidiary, or in connection with a reorganization, merger, consolidation or sale or other disposal of all or a substantial part of its assets.
These Terms are the complete and exclusive agreement between the User and the Company regarding the subject matter thereof and supersede any previous written or verbal agreements, warranties, representations or interpretations in relation to the subject matter thereof.
These Terms may be amended or updated from time to time, whenever necessary, as the case may be. The User is responsible for being acquainted with any amended or updated version of the Terms placed on our Website. The provisions of updated versions shall apply from the date of publication, unless otherwise expressly stated.
Should You have any question regarding these Terms, please contact us:
- by email: ……….
- by post: ………….
Any disputes arising out of or in connection to these Terms will be settled first and foremost by means of good faith negotiations. If no amicable solution can be reached within 14 days from the rise of the dispute, the said dispute will be submitted to the courts of the Republic of Lithuania in Vilnius.
These Terms are governed by Lithuanian law, excluding the rules on conflict of laws.
XII – Miscellaneous
We reserve the right to modify these Terms from time to time. Should that be the case, we will let you know of the updated terms. We will consider your continued use of App as an acceptance of the revised terms. If you do not agree to the revised terms, please stop using the App.
If any part of these terms are unenforceable or void, it does not affect the validity of the remainder of these Terms. All our rights under these Terms are freely assignable by us to anyone.
These Terms constitute the entire agreement between you and CoinBox and supersede and replace any prior agreement.