Terms of Service

These Terms of Service (Agreement) govern use by the Clients of the Services that Tier One Business Services, LLC (TOBS LLC) provides via the Website or Software offered by First Choice SMS, a service of TOBS LLC.

This Agreement also applies to other visitors and users of the Website and Software, who are not registered Clients of TOBS LLC and do not use the Services.

Under this Agreement, the word “you” shall mean the Clients, authorized representatives of the Clients, who are using the Website, Software and Services on behalf of the Clients, other visitors and users of the Website and Software, who are not registered Clients of TOBS LLC, the recipients of the Services and all other subjects to whom these Terms may apply.

If you are not a registered Client of TOBS LLC, then to “you” shall apply to the following clauses of this Agreement: 2.1, 2.3, 2.6, 2.7, 3.2, 4.6, 4.8-4.10, 8.6, 8.7, 9, 10, 11.2, 12-15, 16.1, 16.2, 16.4, 16.5 and 17.

Please read these Terms carefully prior to using the Website, Services and Software.

Definitions
1. Client(s)means legal entities (an entity other than a natural person), who register themselves on the Website and use it and the Software according to these Terms for the purpose of using the Services.
2. Content means any messages, comments, videos, audio clips, music, data, text, images, graphics, templates, campaigns, mobile coupons, splash pages or any other content generated, provided or otherwise submitted by the Clients and other users to TOBS LLC in the course of using the Website, Software and Services.
3. Services means a business Application to Person (A2P) text-messaging service as specified in clause 3 below.
4. SLA means a service level agreement that stipulates the levels of service of the Website, Software and Services that TOBS LLC is generally able to provide to its Clients.
5. Software means web-based interface, mobile app and other software developed and maintained by TOBS LLC for the purpose of provision of the Services.
6. Agreement means these terms of Service and all terms, policies and guidelines incorporated into the Agreement by reference, including, but not limited to, Privacy Policy and SLA. In the event of any conflict between the SLA, the Privacy Policy and this Agreement, these Terms of Service shall prevail.
7. TOBS LLC means Tier One Business Services LLC, a limited liability company registered in Bensalem, PA.
8. Privacy Policy means the Privacy Policy of TOBS LLC that stipulates the basics of processing of personal data that the Clients submit to TOBS LLC in connection with using the Website, Software and Services.
9. Website means the Website of First Choice SMS – FirstChoiceSMS.com.
Acknowledgement/Consent
1. By accessing, viewing, logging-in to, creating an account or using the Website, Software, Services, the content provided thereon or their functionality, or by requesting and registering for the Services, you acknowledge and agree to be bound by this Agreement.
2. You understand as well that by creating an account on the Website, you give the consent on behalf of the Client and confirm acknowledgment of the terms of processing of personal data as stipulated in the Privacy Policy.
3. You also acknowledge that under applicable law, some personal data can be processed without your consent and that TOBS LLC reserves the right to undertake such processing when appropriate.
4. You confirm and guarantee that at all times while using the Website, Software and Services you have all the necessary consents and authorizations for processing of all personal data that you submit to TOBS LLC. You oblige to inform TOBS LLC immediately of the withdrawal of the consent for processing of personal data submitted to TOBS LLC, of the expiry of legal grounds for processing, modification, inaccuracy or change to the submitted personal data.
5. When using Services for direct marketing, you are responsible for complying with all the legal requirements in connection with direct marketing and data subjects’ rights. TOBS LLC is only providing the platform for sending messages, but you are solely responsible for the content of your messages sent using the SMS/MMS Services. You understand that there are different legal rules for direct marketing in different countries. When you use Services for direct marketing, you must comply with all requirements for direct marketing of the country, where the receiver of the direct marketing message is residing This includes only capturing subscribers’ phone numbers using the opt-in language as described on our site, and providing required opt-out options where ever the Client is asking for a subscriber’s phone number. You must also honor all unsubscribe requests.
6. If you do not agree with this Agreement, you may not use the Website, Software or the Services and must discontinue use immediately.
7. Your continued access to the Website, Software and/or use of the Services, as described above, signifies your acceptance of the Terms.
The Services
1. The Services allow US-based businesses to send and receive SMS & MMS text messages, including notifications, alerts, reminders, confirmations, and SMS/MMS marketing campaigns only to subscribers/recipients ion the US, and to use e-mail to SMS service to these subscribers. The Services are provided via the web-based interface, text messaging mobile applications. Additionally, TOBS LLC provides Software maintenance, upgrades and customer support that enable you to send SMS text messages to recipients (subscribers) designated by you.
2. TOBS LLC may update the Website, Software and Services from time to time, and may change the content at any time. Please note that although TOBS LLC makes reasonable efforts to update the information on the Website, any of the content on the Website may be out of date at any given time, and TOBS LLC is under no obligation to update it. TOBS LLC makes no representations, warranties or guarantees, whether express or implied that the content on the Website is accurate, complete or up to date.
Use of the Services
1. TOBS LLC provides the Services only to the Clients, who are legal United States (US) legal entities (an entity, other than natural person; e.g. the Services are provided to companies).
2. To use the Services, the Clients must create an account on the Website and register.
3. The Clients register themselves by their authorized representatives. To register representatives shall provide the information requested including name, email address, company name and password, along with any and all additional business information as required to properly register the Client’s “brand” and campaign use case(s) as per the requirements of The Campaign Registry and other governing bodies. The Clients confirm that authorized representatives acting on their behalf have full capacity and authorization to bound the Clients to these Terms.
4. Natural persons can fill in the registration form for provision of the Services on the Website only on behalf of the Clients, as their authorized representatives. Upon filling in and confirming the registration form natural persons give their confirmation that they are acting as authorized representatives of the Clients and the contact information submitted by them constitutes company contact details of the represented Clients.
5. When accessing and using the Website, Software and/or the Services, you warrant that:
  1. You are an eligible user;
  2. You have the legal capacity and authorization to agree to the terms of this Agreement;
  3. All information supplied by you is true, accurate, current and complete and you will keep the information accurate and up-to-date;
  4. You are responsible for and will safeguard your log-in credentials, including your log-in password and you will supervise and be completely responsible for any use of the Services with these log-in credentials, including by any and all of your authorized users. You must treat user identification code, password and any other security information as confidential. You must not disclose it to any third party. If you know or suspect that anyone other than you, knows your user identification code or password, you must promptly notify First Choice SMS at support@firstchoicesms.com.
  5. You have read, understood, and agreed to the Terms.
6. TOBS LLC reserves the right at its sole discretion to decline or refuse access to the Website, Software or Services at any time and for any reason, including, but not limited to, in case of breach of any terms of this Agreement.
7. TOBS LLC has the right to disable any user identification code or password, whether chosen by you or allocated by TOBS LLC, at any time, if in the reasonable opinion of TOBS LLC you have failed to comply with any of the provisions of this Agreement
8. It is your sole responsibility to ensure that your use of the Website, Software and Services complies with all applicable laws. TOBS LLC will not be responsible and/or liable in the event of your non-compliance.
9. You are responsible for making all arrangements necessary for you to have access to the Website, Software and Services.
10. You are also responsible for ensuring that all persons who access the Website, Software and Services through your internet connection are aware of this Agreement, and that they comply with all of its terms.
11. TOBS LLC may on its sole discretion close an account of the Client if the Services are not used by the Client for a continuous period of 12 months. TOBS LLC will not be under any obligation to restore access to or use of the data contained in the account nor shall be under any further obligation, including providing a copy of any data contained in the account. Non-use of the Services shall include a failure to log in to the account or send any SMS text messages.
12. If the Client wishes to close its account, it can be done by submitting their request to support@firstchoicesms.com. The account will be closed immediately after the request is received and processed by TOBS LLC. Once processed, the Client can reopen an account at any point in the future if it decides to use the Services again (except deleted contacts, templates, campaigns, coupons and messages). Once an account has been closed, there are no refunds for any unused messaging credits.
Pricing and Payment
1. The price payable for the provision of the Services is set out on the pricing page of the Website. You agree to pay all fees (including any applicable sales taxes) required in full for use of the Services requested by you. TOBS LLC reserves the right to change its prices at any time without notice, provided that any such changes shall be posted on the Website. The fee payable by you for the Services shall be the fee applicable at the date when your messaging phone number has been registered as per the requirements on this site. You acknowledge and agree that this fee may be increased over time by TOBS LLC providing you with a 30-day notice of any pending monthly fee increase. Messaging credit package prices will be at the price as stated on the website at the time of purchase. You are therefore responsible for reviewing the Website regularly for information regarding changes to pricing.
2. Free trials (if available)are offered to new potential Clients based on the availability for a non-registered number to be used for testing the service. During any free trial period no fees are payable. On signup, trial users will be allocated and credited a specified balance to their account for testing purposes. If the Clients wish to use the Services, they must then purchase additional credits and subscribe to our monthly platform support fee. Payment shall be made by choosing your payment method, submitting your payment information and enabling auto-payment of your account. More than one free trial per company or organization is usually not permitted, except for any specific and approved reason. All decisions by TOBS LLC on free trial eligibility/availability and use shall be final.
3. In the event of non-payment, regardless of whether the Services have already been supplied, TOBS LLC shall be entitled to immediately suspend the account after providing 30-days’ notice. Notice may be provided by either email or direct mail, or both, at the discretion of TONS LLC.
4. Pursuant to the terms available on the pricing page of the Website, the Services will be available under a monthly plan, according to which the Clients pay a specific monthly sum for the Services and are entitled to use the Services during the applicable month. Note that the monthly payment for access to the First Choice SMS messaging platform does not include any messaging credits. Any credits purchased separately do not expire at the end of a month, meaning they can be used indefinitely, as long as the Client has paid the monthly platform access fee. Once the Client stops paying the monthly fee, any unused credits will expire at the end of the last-paid month.
Refunds, Cancellations and Terminations
1. Once a cancellation request has been sent to support@firstchoicesms.com TOBS LLC will no longer charge the monthly access fee for the First Choice SMS platform. There are no partial refunds for the monthly service fee.
2. Upon cancellation, the Client will no longer have access to their subscriber list, and TOBS LLC is under no obligation to provide the Client with any subscriber data or any content that the Client has created.
3. In case of purchase of any unused credits (see clause 5.4), the unused credits shall not be refunded to the Clients, and the Client will no longer be permitted to continue to use these credits.
4. In case of termination of an account of the Client due for non-use of the Services (see clause 4.11 above), TOBS LLC shall not refund any unused credit left on an account of that Client.
5. In case of cancellation (see clause 4.12 above) or termination of an account of the Client, no cancellation or termination fee applies. The messaging service is provided on a monthly-basis.
6. If TOBS LLC decides to no longer offer the First Choice SMS text marketing service, it shall provide the Client at least 30 days’ notice, after which TOBS LLC will no longer have any obligations to the Client under this agreement.
Responsibilities
1. By using the Website or Services, the Clients acknowledge and agree that they are solely responsible for:
  1. Obtaining and maintaining all computer hardware, software and communications equipment needed to access the Website, Software or Services, and for paying all access charges (e.g. ISP, telecommunications) incurred during use;
  2. Payment of the fee for all requested Services in full;
  3. Abiding by this Agreement and ensuring that all of the Client´s authorized users abide by its terms;
  4. For all content that the Clients generate or make available while using the Services as described below.
2. Content Provided to TOBS LLC
  1. TOBS LLC does not claim ownership of, verify or control over the content generated, provided or otherwise submitted by the Clients to TOBS LLC in the course of using the Website, Software and Services. Content can include any mobile coupons and splash pages created, along with campaign templates, messages and autoresponder messages. The Clients and other users are solely responsible for all content they generate and submit to TOBS LLC and TOBS LLC accepts no liability whatsoever for such content. TOBS LLC uses such content to provide the Services only.
  2. By providing their content to TOBS LLC, the Clients grant TOBS LLC a world-wide, royalty free, non-exclusive license to copy, distribute, transmit, display, reproduce, edit, translate, perform and reformat content in order to provide the messaging services as per this agreement.
  3. TOBS LLC reserves the right at its sole discretion to remove, screen or edit without prior notice any content at any time and for any reason. If any content has been removed or modified, TOBS LLC will provide a reason to the Client via email.
  4. By using the messaging services you agree not to generate any content that is offensive, threatening, promotes violence or hatred, promotes any illegal or restricted activity, is obscene, defaming, pornographic or otherwise harmful, represents unauthorized copies or distributions of copyrighted work or other intellectual property or is contrary to law or otherwise objectionable. You also agree to not produce any content that is in violation of the S.H.A.F.T. provisions as stated on this website.
  5. TOBS LLC has the right to disclose your identity to legal entities if requested as per any investigation.
  6. TOBS LLC will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you on the Website.
  7. TOBS LLC has the right to remove any campaign content you produce in use of the services, if in its opinion, your content does not comply with the content standards set out in these Terms.
  8. TOBS LLC applies retention periods for the Content submitted by the Clients as stipulated in clause 7 of the Privacy Policy.
3. No Unlawful or Prohibited Use
  1. You must abide by this Agreement and expressly agree that you will not use the Website, Software or Services to do any of the following which is strictly prohibited:
    1. Engage in inappropriate behavior, including:
      1. Use the Website, Software or Services in any way that breaches any applicable local, national or international laws or regulations;
      2. Harass, abuse, stalk, threaten, defame, or otherwise infringe or violate the rights of others (including privacy, publicity and proprietary rights).
    2. Misrepresent your identity or impersonate any person or entity, including, but not limited to, any TOBS LLC personnel;
    3. Engage in unlawful, fraudulent, misleading or deceptive business practices;
    4. Send harmful or illegal content, including to minors, in any way;
    5. Send content that may be deemed as unsolicited or unauthorized advertising, promotion, junk mail, spam, pyramid schemes, chain letters or any other form of non-approved types of solicitation or fail to comply with applicable privacy and communications laws;
    6. Send content as a commercial message without the required prior opt-in and a clear opt-out mechanism;
    7. Send advertising messages, without the recipient requesting them and/or which do not comply with the applicable laws on mobile and direct marketing;
    8. Cause damage or disruption, including:
      1. Introduce or attempt to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of the Website, Software or Services;
      2. Attempt to hack into, damage, disable, overburden, or impair TOBS LLC´s servers or networks or disrupt, disable or otherwise impair the proper working of the Website, Software or Services, including but not limited to any acts of reprogramming, decoding and tampering;
      3. Engage in any activity that shall cause or encourage damage or harm of any kind against TOBS LLC, or any group or individual;
      4. Change, edit, translate, adapt, disassemble, decompile or reverse engineer any software programs or scripts used by TOBS LLC in connection with the Website, Software or Services;
      5. In any way diminish the quality of, interfere with the performance of, or impair the functionality of, the Website or Services;
      6. Fail to comply with or disobey any requirements, procedures, policies or regulations of TOBS LLC related to the Website, Software or Services;
    9. Gain unauthorized access, including:
      1. Attempt to gain unauthorized access to the TOBS LLC computer network or to any user’s accounts;
      2. Use technology or other means to access unauthorized content or non-public spaces including without limitation, the use of “bots,” “spiders,” or “crawlers”;
    10. Conducting of unlawful and criminal behavior, including:
      1. Engage in conduct that would constitute a criminal offence, or encouraging others to engage in such conduct or that would violate applicable laws and regulations;
      2. Use of the Website, Software or Services in any way that constitutes or violates any law or regulation, and you specifically agree to comply with all applicable laws regarding the transmission of data from the jurisdiction, which governs your activities;
      3. Misuse of the Website, Software or Service for illegal or unauthorized purposes.
    11. You are responsible for configuring your information technology, computer programs and platform in order to access the Website, Software and Services. You must use virus protection software.
    12. You must not misuse the Website, Software and Services by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Website, Software or Services, the server on which the Website and Software are stored or any server, computer or database connected to the Website and Software. You must not attack the Website and Software via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. TOBS LLC will immediately report any such breach to the relevant law enforcement authorities and disclose your identity to them, if known to TOBS LLC. In the event of such a breach, your right to use the Website, Software or Services will cease immediately.
    13. When a breach of any provision of this clause 9 or any other provision in these Terms has occurred, TOBS LLC may take any such action as it deems appropriate.
    14. Failure to comply with these Terms constitutes a material breach of terms upon which you are permitted to use the Website, Software and Services, and may result TOBS LLC taking all or any of the following actions:
      1. Immediate, temporary or permanent withdrawal of your right to use the Website, Software and Services;
      2. Immediate, temporary or permanent removal of any content or material uploaded/transmitted by you via the Website, Software or Services;
      3. Issue of a warning to you;
      4. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
      5. Further legal action against you;
      6. Disclosure of such information to the law enforcement authorities as TOBS LLC reasonably feels is necessary.
    15. TOBS LLC excludes liability for actions taken in response to breach of these Terms. The responses described in this Agreement are not limited, and TOBS LLC may take any other action that it reasonably deems appropriate
  2. Intellectual Property
    1. TOBS LLC, the TOBS LLC and First Choice SMS logo and all other trademarks, service marks, graphics and logos of TOBS LLC used in connection with the Website, Software and Services are the property of TOBS LLC.
    2. All copyrights, trademarks, patents, trade secrets and other intellectual property rights contained in the Website, Software and Services are the sole property of TOBS LLC or its licensors, each of whom reserves all rights with regard to such materials. Other trademarks, service marks, graphics and logos of any third parties are the trademarks of their respective owners. No marks may be copied, imitated or used, in whole or in part, without the prior written consent of TOBS LLC or the consent of the applicable trademark holder.
    3. TOBS LLC grants to you the world-wide, non-exclusive and non-transferrable license to use the Website and Software on the terms and conditions stipulated in this Agreement.
    4. You may download extracts, of any pages(s) from the Website for your personal use and you may draw the attention of others within your organization to content posted on the Website.
    5. You must not modify digital copies of any material you have printed off or downloaded in any way, and you must not use any illustration, photographs, video or audio sequences or any graphics separately from any accompanying text.
    6. The status of TOBS LLC (and that of any identified contributors) as the authors of content on the Website and Software must always be acknowledged.
    7. You must not use any part of the content of the Website, Software or Services for commercial purposes without obtaining a license to do so form TOBS LLC or its licensors.
    8. If you print, copy or download any part of the Website or Software in breach of this Agreement, your right to use the Website, the Software and Services will cease immediately and you must, at TOBS LLC´s decision, return or destroy any copies of the material you have made.
  3. Data Protection and Privacy
    1. Any personal data that the Clients provide when using the Website, Software or Services will be used in accordance with the Privacy Policy.
    2. In addition to cases described in the Privacy Policy, TOBS LLC may process your data while visiting the Website, when data is automatically received and recorded from your browser on the server logs of TOBS LLC, including log in information, browser type and version, operating system and platform, IP address, browser and session information, cookies, and the requested pages. TOBS LLC does that to improve the Website and the Services and also to understand trends, including:
      1. to monitor patterns of usage, such as login dates and volumes of data as to understand how the Website, Software and Services are used;
      2. for security reasons, including identification and authentication;
      3. for statistical and analytical purposes;
      4. to monitor and prevent fraud and abuse.

Notwithstanding the above, visitors of the Website may browse it anonymously and no personal data will be collected about them, unless separately provided to TOBS LLC.

If you give consent to receive SMS messages from TOBS LLC, you may opt out at any time by replying “STOP”, “CANCEL”, or “UNSUBSCRIBE” to any message from TOBS LLC. Revoking consent to receive SMS messages does not impact your ability to use the TOBS LLC SMS services as outlined in this Agreement.

Use of Cookies
1. TOBS LLC uses on the Website the standard technology called “cookies.”
2. Cookies are small text files that are downloaded to a computer or mobile device of visitors of websites. Cookies are used in order to make websites work, or work in a better, more efficient way. They can do this because websites can read and write these files, enabling them to recognize the visitors and remember important information that will make use and navigation of a website more convenient. Some cookies, known as ‘session cookies’, expire at the end of browser session. Other cookies, known as ‘persistent cookies’, are stored on a computer or mobile device between browser sessions. For more information about cookies, please visit www.cookiecentral.com or www.aboutcookies.org.
3. TOBS LLC cookies do not gather any personal data and any information gathered using cookies is compiled on an aggregate and anonymous basis. TOBS LLC uses cookies to offer a better service to you.
4. TOBS LLC uses on the Website authentication, session and analytics cookies and may at any time use performance monitoring and/or analytics tracking third-party cookies. You may opt-out of receiving any first or third-party cookies by making the appropriate selections in your browser.
5. The Website contains an alert about cookies usage. By giving consent for application of cookies on the Website, you agree with the application of cookies.
Third Party Websites
1. The Website, Software or Services may contain links to websites, which TOBS LLC does not control and which are operated by third parties. If you access third party websites, you do so at your own risk. TOBS LLC is not responsible, directly or indirectly, for the content of third-party websites or any damage or loss caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website.
Disclaimer & Limitation of Liability
1. The Website, Software and Services shall be provided on an “as is” and “as available” basis. To the extent permitted by law, TOBS LLC excludes all warranties, conditions, representations or other terms of any kind, which may apply to the Website, Software or Services, including that the Website, Software or Services are suitable for your intended use, error-free, fault-free, reliable, timely, entirely secure, virus-free or available. Any representation, condition or warranty, which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. TOBS LLC is dependent on the reliability of the internet and your use of your own device to access the Website, Software and Services, and therefore TOBS LLC makes no guarantees as to the outcomes or results in using the Website, Software or Services. Although TOBS LLC does everything that it can to keep disruptions to a minimum, the Website, Software or Services may be from time to time temporarily suspended to carry out maintenance and support work and for other purposes as appropriate.
2. The Services shall be provided at a professional level of quality conforming to generally accepted industry standards and in compliance, in all material respects, with all applicable laws, regulations and rules. TOBS LLC will make its best efforts to maintain the Website, Software and the Services and provide necessary support to the Clients.
3. The Services facilitate sending and receiving of SMS text messages to your designated recipients. TOBS LLC does not send or cause to be sent any SMS text messages, which is the responsibility of the applicable mobile network operator or telecommunications provider. While TOBS LLC shall use all commercially reasonable efforts to transmit SMS text messages to the applicable mobile network operator or telecommunications provider as quickly as possible, final delivery of all SMS text messages to designated recipients is the responsibility of such operator or provider. TOBS LLC does not accept liability, if final delivery of messages does is not successful due to an action, omission or any other failure of the relevant mobile network operator or telecommunications provider. Therefore, TOBS LLC will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  1. Use of, or inability to use the Website, Software or Services;
  2. Use of or reliance on any content displayed on the Website or in the Software;
  3. The failure of a mobile network operator or telecommunications provider to deliver an SMS/MMS text message.
4. TOBS LLC will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website, Software or Services or due to you downloading any content from it, or from any website linked to it.
5. Further, TOBS LLC shall not be liable for the acts, omissions or cessation of services by any third parties. For example, third party providers may provide virtual mobile numbers for the provision of SMS messaging. TOBS LLC shall not be liable or responsible for third party activities over which TOBS LLC has no control.
6. TOBS LLC shall not be liable for any cost, expense, loss of income, revenue or business arising from any circumstance, which are beyond its control, including but not limited to delays, losses, errors or omissions resulting from system or power failure, unavailability or failure of any telecommunications or other data transmission system or internet facilities, fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, strike, governmental restrictions, change in any law or regulation.
7. Any Content contained in the Services provided by any user does not constitute any endorsement or recommendation by TOBS LLC of such content or information. TOBS LLC therefore disclaims any and all liability and responsibility arising from any reliance placed on such Content by anyone who may be informed by it. You acknowledge that TOBS LLC has no control over Content which is contained and which passes through the Website, Software or Services or how the Services are used by users. TOBS LLC does not screen or moderate Content or its source. TOBS LLC is not responsible or liable for the effect of Content on users nor is liable for any inaccurate, incomplete or inappropriate Content, which shall be your sole responsibility on providing or submitting such Content.
8. Although TOBS LLC implements electronic and physical security to reduce the risk of improper access or manipulation of data, TOBS LLC cannot guarantee the security or integrity of data and shall have no liability for breaches of security, integrity or interception in transit, nor for any damage which may result to your computer or other property by your use of the Website or Services.
9. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TOBS LLC OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, BUSINESS INTERRUPTION OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA, SALES, BUSINESS, GOODWILL, REPUTATION, REVENUE, PROFITS OR ANTICIPATED SAVINGS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, SOFTWARE OR SERVICES, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, SOFTWARE OR SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE THE WEBSITE, SOFTWARE OR SERVICES, OR FOR ANY INFORMATION OR OTHER CONTENT OBTAINED THROUGH OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, SOFTWARE OR SERVICES. IF YOU ARE DISSATISFIED WITH THE WEBSITE, SOFTWARE OR SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE, SOFTWARE AND SERVICES.
10. Subject to clause 14.9 above, the total liability of TOBS LLC to you in respect of all losses arising under or in connection with these Terms, whether in contract, tort (including negligence), breach of statutory duty or otherwise, shall in no circumstance exceed the price of the Services ordered.
11. Nothing in this Agreement excludes or limits the liability of TOBS LLC for death or personal injury, or fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited under applicable law.
Indemnification
1. You agree to defend and indemnify TOBS LLC from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature, including but not limited to reasonable legal and accounting fees, that arise from or relate to your use or misuse of, or access to the Website, Software and/or Services or otherwise from your violation of this Agreement or infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity.
Modification & Termination
1. TOBS LLC may modify this Agreement or terminate your use of the Website, Software or Services at any time at its sole discretion. TOBS LLC reserves the right to modify, suspend, or discontinue any part of, aspect, feature or functionality of the Website, Software or Services at any time for any reason without prior notice. Continued use of the Website, Software or Services shall be deemed to be acceptance of any modified or updated Agreement including any changes in the prices of Services.
2. TOBS LLC reserves the right to terminate your use of the Website, Software or Services at any time for any reason, including but not limited to a violation of this Agreement, which shall be determined at the sole discretion of TOBS LLC.
3. The Client´s obligation to pay all fees incurred and owed before suspension or termination of the Service, shall continue after suspension or termination of the Services.
4. Upon termination, for any reason, you agree to immediately cease using the Website, Software and Services and TOBS LLC shall have no obligation to you after any termination.
5. Upon any termination, the rights and licenses granted to you herein shall terminate and you must cease all use of the Services.
Governing Law, Jurisdiction & Severability
1. This Agreement, along with any disputes or claim arising out of or in connection with its subject matter or formation (including non-contractual disputes or claims) shall be governed by the laws of the United States and the State of Pennsylvania.
2. This Agreement shall be governed in accordance with the laws of the State of Pennsylvania without giving effect to any principles or conflicts of law. If any provision of this Agreement shall be deemed unlawful, void or enforceable for any reason, then that provision only shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

DATED: April 10, 2024