Terms and Conditions of Use – TextWare.lk

1. Introduction

Welcome to TextWare.lk, a service offered by TextWare (Pvt) Ltd. By accessing or using our website and services, including the 'Do a Test' feature (hereinafter referred to as the Demo Service), you agree to be bound by the following Terms and Conditions. If you do not agree to these terms, please do not use our services.

These Terms and Conditions govern your access to and use of the TextWare SMS and WhatsApp Business API platforms and related services, including any demo or test message features made available via our website.

2. Use of the Demo Service

The Demo Service allows users to send a test message to preview the appearance and format of communications sent via the TextWare platform. The Demo Service is offered on an 'as is' basis and is intended solely for evaluation purposes.

No message content sent through the Demo Service shall be construed as professional advice, offer, or solicitation.

Users are solely responsible for the content they submit through the Demo Service.

TextWare makes no guarantees as to delivery success, message formatting, or display accuracy during the test phase.

3. User Responsibilities and Indemnity

3.1 Content Responsibility

The Customer shall prepare, generate, and submit all SMS or WhatsApp message content under their sole responsibility. TextWare shall not be liable for any damages, direct or indirect, that may arise due to the content created or distributed by the Customer.

3.2 Indemnification

The Customer agrees to indemnify and hold harmless TextWare, its directors, officers, employees, and agents, from and against any and all liabilities, losses, costs, damages, expenses (including legal fees), claims, proceedings, or actions incurred as a result of:

• The Customer’s failure to obtain or maintain necessary licenses or approvals.
• The Customer’s content violating laws, regulations, or third-party rights.
• Misuse or abuse of the Demo Service or full messaging services.
• Violation of these Terms and Conditions.

4. Message Content Guidelines

The Customer must adhere to the following content guidelines while using TextWare’s services:

Prohibited Content Includes:

• Messages promoting or inciting terrorism, weapons misuse, or criminal activity.
• Content that offends social values or human dignity, or promotes racial/religious disharmony.
• Spam or unsolicited mass messaging.
• Misleading, deceptive, or inaccurate content.
• Pornographic, sexually explicit, or suggestive material.
• Messages encouraging the use of harmful substances or dangerous behavior.
• Inappropriate or offensive content for children.
• Collection of personal information without proper consent and purpose disclosure.
• Unverified professional services (e.g., financial, medical) without citation of credentials.
• Content directed at children that includes sexual or inappropriate language.
• Content offensive to religious or ethical beliefs.
• Fundraising messages not compliant with applicable laws.
• Advertisements for or by mobile network competitors.

5. Customer Obligations

The Customer agrees to:

• Use the service in accordance with all applicable laws in the countries where messages are sent.
• Follow the internal technical and administrative procedures of TextWare.
• Avoid using the service for illegal, immoral, or improper activities.
• Not exploit or misuse the infrastructure or services provided by TextWare.
• Restrict usage to purposes explicitly approved by TextWare.

6. Service Suspension and Termination

6.1 Immediate Termination

TextWare reserves the right to immediately terminate or suspend services without notice if:

• The Customer is found to be using the service for spam or any unauthorized/illegal activities.
• Messages sent violate TRC (Telecommunication Regulatory Commission of Sri Lanka) guidelines.
• The Customer breaches any clause of this agreement.

6.2 Discretionary Suspension

TextWare may suspend access to the service at its sole discretion, with five (5) days' prior notice, for reasons including but not limited to:

• Suspected violation of message content guidelines.
• Non-compliance with operational or legal standards.
• Maintenance or system upgrade requirements.

7. Service Limitations and Disclaimers

TextWare shall not be held responsible for service interruptions or failures caused by third-party operators or systems beyond its control.

The platform is provided 'as is' without warranties of any kind, including implied warranties of merchantability or fitness for a particular purpose.

TextWare does not guarantee uninterrupted, timely, or error-free service availability.

8. Privacy and Data Protection

TextWare handles personal data in accordance with its Privacy Policy and applicable data protection laws. Customers must ensure that all collected data (e.g., for messaging) is processed lawfully with appropriate consent.

9. Governing Law and Jurisdiction

These Terms and Conditions shall be governed by and construed in accordance with the laws of Sri Lanka. Any disputes arising in connection with these Terms shall fall under the exclusive jurisdiction of the courts of Colombo, Sri Lanka.

10. Amendments

TextWare reserves the right to amend these Terms and Conditions at any time without prior notice. Continued use of the services will constitute acceptance of any modified terms.

11. Contact Information

For any inquiries or support needs, please contact:

TextWare (Pvt) Ltd

Email: info@textware.lk

Phone: +94 713 305 305

Website: www.textware.lk