Simple Shapes, LLC (www.radiusbob.com) Terms of Service & Cancellation Policy
Simple Shapes, LLC (“Simple Shapes, LLC”) provides www.radiusbob.com and its related services (“Service”) subject to your compliance withe the terms and conditions (“Terms of Service”) set forth below. Please read the following carefully.
Simple Shapes, LLC reserves the right to update and modify the Terms of Service at any time without notice. New features that may be added to the Service shall be subject to the Terms of Service. Should you continue to use the Service after any such modifications have been made, this shall constitute your agreement to such modifications. You may always view the most recent copy of the Terms of Service here on this page
Violation of any part of the Terms of Service will result in termination of your account. Account Terms
1. You must be 18 years or older to use this Service.
2. You must provide your full legal name, a valid email address, and any other required information to complete the sign-up process.
3. You are responsible for maintaining the privacy and security of your account. Simple Shapes, LLC will not be held liable for any damage or loss that may result from your failure to protect your login information, including your password.
4. One person may not maintain more than one free account.
Payment and Access
1. A valid credit card is required for paying accounts. A credit card is not required to create or use a free trial account.
2. We will charge you a standard monthly fee based on your account type. The Service is billed in advance for each month, and is non-refundable. There will be no refunds or credits for partial months of service, or refunds made should you not use the Service during a period of time when your account is open. No exceptions will be made.
3. Should you upgrade or downgrade your account type, your credit card will be charged your new billing rate immediately. Your credit card will then be charged your new billing rate every 30 days thereafter unless you cancel your account.
4. All fees are exclusive of all taxes or duties imposed by governing authorities. You alone are responsible for payment of all such taxes or duties.
Modifications to the Service and Fees
1. Simple Shapes, LLC reserves the right to modify, suspend, or discontinue the Service at any time for any reason with or without notice.
2. Simple Shapes, LLC reserves the right to change our monthly fees upon 30 days notice from us. Fee change notices may be posted to the Service or on the Radius website: www.radiusbob.com
Cancellation and Termination
1. You alone are responsible for the proper cancellation of your account. You may cancel your account at any time by clicking on the Account > Upgrade Plan link in the Account’s navigation menu. The Upgrade Plan screen provides a simple link to cancel your account. Email or phone requests to cancel your account will not be deemed cancellation.
2. Your account and all of its Content will be deleted immediately (or queued up to be automatically deleted) upon your cancellation of the Service.
3. You can cancel at any time, but you will remain liable for all charges accrued up to that time, including full monthly charges for the month which you discontinued service. You will not be charged again.
4. Simple Shapes, LLC reserves the right to modify, suspend, or terminate your account at any time for any reason without notice or refund. We also reserve the right to delete all Content associated with your account. Simple Shapes, LLC may refuse service to anyone for any reason at any time.
Copyright and Ownership
1. Simple Shapes, LLC or its suppliers own the intellectual property rights to any and all protectable components of the Service, including but not limited to the name of the Service, artwork and end-user interface elements contained within the Service, many of the individual features, and the related documentation. You may not copy, modify, adapt, reproduce, distribute, reverse engineer, decompile, or dissemble any aspect of the Service which Simple Shapes, LLC or its suppliers own.
2. Simple Shapes, LLC claims no intellectual property rights over the Content you upload or provide to the Service. However, by using the Service to send Content, you agree that others may view and share your Content.
General Conditions
1. Your use of the Service, including any content, information or functionality contained within it, is provided “as is” and “as available” with no representations or warranties of any kind, either expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. You assume total responsibility and risk for your use of this Service.
2. You agree not to resell, duplicate, reproduce or exploit any part of the Service without the express written permission of Simple Shapes, LLC.
3. You may not use the service to store, host, or send unsolicited email (spam) or SMS messages.
4. You understand that the Service can be used for transmission of your Content, and that during processing, your Content, including Leads, Tasks and Reminders, and Email Messages, may be transferred unencrypted over the internet.
5. You may not use the service to transmit any viruses, worms, or malicious content.
6. Simple Shapes, LLC makes no warranties regarding (i) your ability to use the Service, (ii) your satisfaction with the Service, (iii) that the Service will be available at all times, uninterrupted, and error-free (iv), the accuracy of mathematical calculations performed by the Service, and (v) that bugs or errors in the Service will be corrected.
7. Simple Shapes, LLC, its affiliates and its sponsors are neither responsible nor liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages arising out of or relating in any way to your use of the Service. Your sole remedy for dissatisfaction with the Service is to stop using the Service.
8. If any provision of the Terms of Service is held invalid or otherwise unenforceable, the enforceability of the remaining provisions shall not be impaired thereby.
9. The failure of Simple Shapes, LLC to exercise any right provided for herein shall not be deemed a waiver of any right hereunder. The Terms of Service sets forth the entire understanding between you and Simple Shapes, LLC as to the Service and supersedes any prior agreements between you and Simple Shapes, LLC (including, but not limited to, prior versions of the Terms of Service).
10. Any questions regarding the Terms of Service should be addressed to support at Radius dot com.
The Services
1. The Services consist of one or more of the following: a web-based interface, access to incoming telephone number or keywords, Direct Inward Dialing Numbers (“DIDs”), messaging applications, voice broadcast applications, SMS gateway access, data encryption, data transmission, data access, data storage and, if applicable, synchronization software, as well as software maintenance and upgrades and customer support, that enable you to send text messages and/or voice broadcasts to recipients designated by you (collectively, the “Services”). We transmit messages initiated by you or sent to you by others through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Services, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Services.
2. Services described on www.radiusbob.com may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You agree to use the Services in accordance with all applicable guidelines as well as all state and federal laws that the Services are subject to.
Usage Policy
1. You represent and warrant that the owners of the phone numbers you initiate messages to through the Simple Shapes, LLC services have consented or otherwise opted-in to the receipt of such messages and broadcasts as required by any applicable law or regulation. You agree that you will include clear opt-out/unsubscribe information on your messages or broadcasts when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages. You further agree that any individuals requesting “Do-Not-Call” (“DNC”) status shall immediately be placed on your DNC accounts list and you further agree that you will not initiate any subsequent messages or broadcasts to any individuals after they request DNC status.
2. You agree that any text messages that you attempt to send from any of your phone numbers associated with your account may be rejected and not delivered to the attended recipient.
3. You agree that SMS Message Length and Character Encoding will apply when you send a SMS message over 160 characters the message will be split. Large messages are segmented into 153 character segments and sent individually then rebuilt by the recipients device. For example, a 161 character message will be sent as two messages, one with 153 characters and the second with 8 characters. Each segmented message will count towards you allotted or purchased Monthly SMS/Text Message Credits.
Hold Harmless
1. You agree that you will be responsible for your use of the Service, and you agree to indemnify and hold Simple Shapes, LLC harmless from and against all losses, costs, liabilities and expenses, including reasonable attorneys’ fees, arising out of or related to your violation of any portion of these Terms or any applicable law or regulation, to the fullest extent permissible pursuant to applicable law. Further, if you are using the Service as an agent for another person, entity or organization, you agree to indemnify and hold Simple Shapes, LLC harmless from and against all losses, costs, liabilities and expenses, including reasonable attorneys’ fees, arising out of or related to a claim against Simple Shapes, LLC from that person, entity or organization based on your use of the Service, to the fullest extent permissible pursuant to applicable law.
Release
1. In the event that you have a dispute with Simple Shapes, LLC regarding the Service, regardless of the nature of such dispute, you release Simple Shapes, LLC (including its affiliates, directors, officers, employees, contractors, advisors and agents), from claims, losses, damages, and liabilities, including legal fees and expenses (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes, to the fullest extent permissible under applicable law. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Governing Law
1. These Terms are governed by the laws of the State of Nevada, USA without regard to conflict of law principles. If a lawsuit or court proceeding is permitted under these Terms, you and Simple Shapes, LLC agree to submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Nevada, USA for the purpose of litigating any dispute, to the fullest extent permissible pursuant to applicable law.
No Class Actions
1. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YOU AND SIMPLE SHAPES, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Simple Shapes, LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, to the fullest extent permissible pursuant to applicable law.
Consent to Electronic Communications
1. By using the Service, you consent to receiving certain electronic communications from us, to the fullest extent permitted under applicable law and as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.