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Terms of Use

These are the Terms of Tonmir. The Company provides the Service (the “Tonmir Service”, the “Service”) as to SMS messages sending solutions supported by the Tonmir Application (the “Tonmir Application”, the “Application”).

These Terms of Use (the “Terms”) enable you (“You”, the “User”) to use our website https://tonmir.tel/ (the “Website”, the “Service”), our online services and receive money for text messages sending.

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.

DEFINITIONS

Tonmir 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.

Tonmir Service (or Service) means the Tonmir 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 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.

Payout means a fee paid to the User by Tonmir for text messages sent from the User’s device to Tonmir mobile phone numbers.

Payout rate means the amount of money paid out to the User per each text message sent from the User’s device to Tonmir mobile phone numbers through the loaded and installed Tonmir Application, and which is automatically calculated by this Application.

THE SUBJECT OF THE TERMS

The Tonmir application should be loaded by the User to his/her Android device to send monthly a predetermined number of text messages to specific mobile phone numbers, within the current tariff plan of mobile operator whose SIM-card is used in the User’s device, for a fee paid by Tonmir per each SMS sent thereby.

APPLICATION OF THE TERMS

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.

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 Tonmir 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 Tonmir 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.

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 Tonmir Application per day or per month from the User’s device. Where the number of text messages is indicated per month, this quantity will be divided in proportion to the number of days in a month. Please note: The Tonmir Application, on its own, will notify You of your Payout Rate set by the Tonmir per each text message sent from your device to Tonmir phone numbers. This means that You will not be able to choose a Payout Rate parameters by yourself. Please, refer to the “FEES” 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 Payout Rate, as stated above).

Likewise, the SMS sending will cease automatically, if text messages are sent but, for any reason, not delivered to the Tonmir mobile numbers. The User will receive a respective notification of that and the Tonmir Application, therefore, will proceed in a test mode. 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.

FEES

By starting SMS sending in accordance with the predetermined parameters, the User launches the Tonmir Application work and further can see the Payout amounts to be calculated by Tonmir Service per each message sent and successfully delivered to Tonmir 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 Tonmir Application, on its own, will notify the User of his/her Payout Rate set by the Tonmir Service per each text message sent from the User’s device to Tonmir phone numbers, without letting the User to choose the Payout Rate.

The Tonmir Service may unilaterally change the User’s Payout 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 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 Tonmir 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 Payout. Thereat, the Tonmir Service is not responsible for the payments to another or third party payment data already carried out by the User’s error.

DISCLAIMERS

The User bears full, sole and primary responsibility to the User’s mobile operator for text messages sent through the Tonmir 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 Tonmir Service does not warrant the constancy of Payout Rates. You acknowledge and agree that Tonmir may unilaterally change the User’s Payout 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.

Tonmir 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 endeavors 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 Tonmir 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.

THIRD PARTIES

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 authorized permission.

INTELLECTUAL PROPERTY RIGHTS

We reserve all rights, including copyrights to trademarks, means of individualization, patents, and other intellectual property rights used in the Tonmir Service, to all content used by the Tonmir Service, including our trademarks, service marks, projects, designs, logos, URL addresses and trade names displayed in our Service. The Tonmir designation and Tonmir logo are our intellectual property, whether registered or not. Any other trademarks mentioned on our website are the property of their respective owners.

PROHIBITED ACTIVITIES

You agree that you will not use the Tonmir Service in order to fulfil any such illicit activity or take any measures that may have a negative influence on Tonmir 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 endeavors 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 Tonmir 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 Tonmir Service availability, reliability, or stability;
  • (8) transmit any materials that contains viruses, Trojan program, spyware, worms or any other malicious, harmful, or deleterious programs.

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 Tonmir Service, if a violation of this section is revealed.

We do our best to make Tonmir Service safe. To achieve this goal, you undertake:

  • not to engage Tonmir 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 Tonmir or other Users;
  • not to carry out activity that could lead to a cut-off, reboot, damage of the Tonmir Service or activity related to interference with the display of vis
    • ual pages of the Service, or other functions of the Service;
  • not to encourage or support any violations of these Terms.

INDEMNITY

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.

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.

SEVERABILITY

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.

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 to act as an agent to any other party, and neither of parties has the right to act on behalf of the other party.

FINAL PROVISIONS

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 Tonmir 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 Tonmir 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: [email protected]