Firefox SMS Systems - Terms of Use


Firefox SMS Systems Web Site and SaveCell Software and Services


1) Acceptance

You signify your acceptance to both these Terms of Use (the "Agreement") and also to the Firefox SMS Systems Privacy Policy (see the link at the bottom of this page) both by visiting and accessing this website and by using it. These Terms of Use govern your (referred to here as the "User" or "You") use of this Firefox SMS Systems SaveCell website (the "Website") created and owned by Firefox SMS Systems Ltd (the "Company"). These Terms of Use were last updated in March 2009. They are subject to change by the Company at its complete discretion. Your subsequent use of the Website after any such changes signifies your acceptance of such changes. Please read and understand these Terms of Use which have been written to be fair and reasonable - if you do not agree with any of them then do not use the Website.

2) Firefox SMS Systems SaveCell Website

These Terms of Use govern all users of the Firefox SMS Systems SaveCell Website, including those who browse, download the SaveCell application, register on SaveCell, participate in the Forum, use the "Wipe My Contacts" facility or perform any action on the website. The Firefox SMS Systems SaveCell Website may carry links to other websites that are neither owned nor controlled by Firefox SMS Systems Ltd. The Company can accept no responsibility for the content, practices or policies of any such third-party website. In using the Firefox SMS Systems SaveCell Website you explicitly exclude Firefox SMS Systems Ltd from all liability arising from your use of any such third-party website. It is important, therefore, that you are aware when you leave the Firefox SMS Systems SaveCell Website and that you read the terms and conditions and privacy policy of every other website that you visit.

3) Firefox SMS Systems SaveCell Website Access

These Terms of Use grant you a non-exclusive, non-transferable, limited and revocable right to use the Website provided that:
 

(i) you will not copy or cause to be distributed any part of the Website without prior written approval from a director of the Company;
 

(ii) you will not alter or modify the Website other than in use for its intended purpose; and
 

(iii) you will otherwise comply with the terms and conditions of these Terms of Use.

Upon Registration with SaveCell you will be asked to provide a User Name and a secure Scramble Key (note: your chosen Scramble Key is not sent to Firefox SMS Systems or the SaveCell Vault but is held in your mobile phone for possible future use by you  - for example to retrieve your contact data).  In the SaveCell Vault your chosen User Name is combined with your Mobile Phone Number to create an Account for you. You may never use another's account details without permission. To use some areas on the Firefox SMS Systems SaveCell Website e.g. the Subscribers' Forum and the Helpdesk, you will be required to "log-in" with your User Name, mobile phone number, email address etc. You must use full and accurate information relating to your own mobile phone and other personal details as requested. You must keep your SaveCell User Name and Scramble Key secure. Should you ever need to retrieve your contact details from the SaveCell Vault you will need to remember them together with the Mobile Phone Number you used at registration with SaveCell. Should you ever need to use the "Wipe my Contacts" facility on the website, in addition to your Mobile Phone Number and User Name you will also be asked to enter your security Scramble Key as used by you upon registration with SaveCell. That is the only circumstance in which you will be asked for your Scramble Key. You must advise the Company of any breach of security on your account. Firefox SMS Systems Ltd will not be liable for your losses from any unauthorised use of your Account.  You may be liable for Firefox SMS Systems or others' losses due to such unauthorised use. You are responsible for all activities undertaken on your account, including all legal liability incurred from the use or access of your account by you and/or others. You are solely responsible for the content you store in the SaveCell Vault or enter on the Website. You are responsible for keeping your User Name and Scramble Key confidential.


You may not enter onto the Firefox SMS Systems SaveCell Website any content, material of otherwise engage in any conduct that:
 

*violates or infringes the rights of others including, without limitation, patent, trademark, trade secret, copyright, publicity or other proprietary rights;
 

*violates the privacy of another;
 

*is unlawful, threatening, abusive, harrassing, defamatory, libellous, deceptive, fraudulent, tortious or contains explicit or graphic descriptions, or accounts of, sexual acts;
 

*victimises, harrasses, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
 

*impersonates any person, business or entity, including Firefox SMS Systems Ltd and our employees and agents;
 

*contains viruses or any other computer code, file or programs that interrupt, destroy or limit the functionality of any computer hardware or software or telecommunications equipment, or otherwise permit the unauthorised use of a computer or computer network;
 

*encourages conduct that would constitute a criminal offence, or that gives rise to civil liability;
 

*violates this Agreement, guidelines or any Firefox SMS Systems policy; or

*interferes with the use of SaveCell by others.


You may not:


*use SaveCell in any way that could damage, disable, overburden or impair our servers or networks;
 

*use SaveCell facilities to attempt to exploit a minor (under 18 years old) or to solicit personal information from a minor;
 

*attempt to gain unauthorised access to any services, user accounts, computer systems or networks, through hacking, password mining or any other means;
 

*use SaveCell or communications capabilities provided by us to try to transmit, directly or indirectly, any unsolicited bulk communications e,g, SMS texts or emails; or
 

*harvest information about our users for the the purpose of sending, or to cause the sending, of unsolicited bulk communications.

4) Software and Service License and Right to Use.


A. Right to Use
Subject to the terms and conditions of this Agreement, Firefox SMS Systems Ltd grants you the right to a limited, non-exclusive, non-assignable, non-transferable, non-sublicensable license to use SaveCell Software to access and use the SaveCell service for use on your computers and mobile phones only for the purposes suggested on this Firefox SMS Systems SaveCell Website. You agree that you will not reverse-engineer, disassemble, decompile or otherwise attempt to derive source code from the Software. You further agree as a condition of this license to comply with our rules and policies on the use of the service which we may:

(i) link to the Software;

(ii) publish within the SaveCell Website www.savecell.co.uk; or

(iii) otherwise notify to you from time to time in any other manner.

B. Installation.

You may wish to install (download) the SaveCell Software (Application) onto any number of your mobile phones for use in accordance with section 4(A) above. The Service may be updated automatically or we may provide you with instructions to install such updates yourself. You agree to follow the instructions accompanying any such updates promptly. Any such updates shall become part of the SaveCell Software for the purposes of this Agreement.

C. Ownership of Software and Services.
Firefox SMS Systems Ltd shall retain sole and exclusive ownership of all right, title and interest in and to the SaveCell Software and Services. All rights not expressly granted hereunder are reserved by Firefox SMS Systems Ltd. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, the Software or Services or any portion thereof, including without limitation any content other than your personal digital content that may be stored or displayed in connection with the Services.

5) Use of SMS on Your Mobile Phone

Once you have downloaded the SaveCell Application to your mobile phone and Registered an Account with the SaveCell Vault the Application (Software) runs in the background on your phone. Having first security-encrypted (scrambled) the contact data held in your phone's memory, the SaveCell Application uses SMS text messages to transfer the encrypted data to the SaveCell Vault. The SaveCell Service will send you "administration" SMS text messages in response to your activity with the Application  - for example, when you request Registration or Retrieval of your contact data.  You understand and accept that your Mobile Phone Service Provider will charge you at their standard tariff for any SMS text messages you send in connection with the SaveCell Services including the uploading of your contact data to the SaveCell Vault. You further understand and accept that the Company may use Premium Rate texts to collect the periodic subscriptions for the Services and to recoup our costs in servicing your Account with any necessary "administration" text mesages. The rates for the SaveCell subscription and "administration" text messages are published on the Website and may be amended at the total discretion of the Company. However, the Company undertakes to advise you of any such rate change via SMS text message. You will receive an alert on your mobile phone each time a Premium Rate charge has been levied (e.g. for your Periodic Subscription or for your contact data retrieval). You can disable the SaveCell Service on your mobile phone at anytime by texting SAVECELL STOP to 88080. SaveCell Autostart is switched on when you download the Application. This means that when your phone is switched on, SaveCell will automatically run and will be ready to send your contact updates automatically to the SaveCell Vault.  Any addition to, or amendment of, your phonebook contacts list will automatically result in an SMS text message being sent from your phone to the SaveCell Vault to store the change or addition. You understand and agree when Registering with SaveCell that you give blanket approval to the generation of both Premium Rate and Standard Rate SMS text messages as the basis upon which the SaveCell Service is designed to operate and designed to collect Periodic Subscription fees and to recoup our necessary "administration" text message costs.

6) List of SaveCell Compatible Mobile Phones

The SaveCell Application is written specifically to work closely with the Operating System of Symbian Series 60 Editions 2, 3 and 5 platform mobile phones. SaveCell is "Symbian Signed" and certified and independently tested at NSTL, the National Software Testing Labs Inc. for all Symbian Series 60 Editions 2, 3 and 5 mobile phones. A list of these mobile phone models is given on this Firefox SMS Systems SaveCell Website in good faith. However, Firefox SMS Systems Ltd has no involvement or interest in, or control over, the practices of mobile phone manufacturers who use these Symbian Operating System Software platforms and therefore Firefox SMS Systems Ltd makes no warranty that any particular mobile device will be compatible or function with SaveCell.  You understand and accept that the Company accepts no liability whatsoever in the event that a phone model listed on the Website is not compatible with the SaveCell Application or Service.

7) General Business Rules

You agree that we may, at our complete discretion, establish general business rules and practices to maximise operational efficiencies for the greater benefit of our subscribers and the Company. Therefore, we will monitor our business processes and the usage of the SaveCell Application to identify exceptional activity  - for example, very high levels of data storage by users and any subscription payment failures. We retain the right to suspend or terminate your Account without prior notice in the event that the Company considers it prudent to do so in the broader interests of the business.

8) Intellectual Property Rights and Data Protection

SaveCell is the Registered Trademark of Firefox SMS Systems Ltd and is Copyright © Firefox SMS Systems Ltd 2007-9.  When you upload your contact data from your mobile phone to the SaveCell Vault you are the rightful owner of such content.  Such content leaves your phone in a high level of encryption enabled by the SaveCell Application with a Scramble Key of your choice. The Scramble Key is not sent to the SaveCell Vault and it does not leave your phone. Therefore the data stored by you in the SaveCell Vault is secure and is not decipherable by SaveCell, the Company or anyone at or related to Firefox SMS Systems Ltd.  You agree the Company has no responsibility under the Data Protection Act for the disposal, handling or security of that data.  You acknowledge and agree that Firefox SMS Systems Ltd will have no obligation to enforce, defend or otherwise protect your property rights in the uploaded content. You further acknowledge and agree that SaveCell cannot decipher your uploaded contact data in any event or circumstances.  You understand and accept that you may be held legally liable for the Content you post onto the Website (for example, if the material you post on the Forum infringes someone else's intellectual property rights or defames someone or violates their rights of privacy).

9) Termination of the Service

Firefox SMS Systems Ltd may terminate the provision of its Services and/or the Agreement immediately, for any reason or no reason at our sole discretion without liability to you or any third party and without notice to you.  You may end your subscription to SaveCell at any time by sending a "STOP" SMS text message to 88080 provided that you may not receive a refund for Subscription Fees which you may have paid in advance.  Upon termination of your Subscription you remain liable for all fees incurred or accrued by you.  You understand and accept that upon termination of your Subscription you no longer have access for retrieval of your stored contact data and that data may be deleted by the Company.

10) Indemnification

Upon a request from us, you agree to defend, indemnify, and hold harmless the Company and its subsidiaries, parent and other affiliate companies, and their employees, contractors, officers and directors from all liabilities, claims and expenses, including legal costs that arise from your use or misuse of the SaveCell Software or Service and for any violation by you of this Agreement.  We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11) Limitation of Liability

Your sole and exclusive remedy regarding any operational failure by the SaveCell Application is to delete it from your phone and re-download it free (to a compatible mobile phone).  Your sole and exclusive remedy for any other dispute with Fireofx SMS Systems Ltd is to terminate your subscription with us.  In no event shall the cumulative liability of the Company to you for any and all claims relating to the use of the SaveCell Application and/or Service exceed 50% of the total amount of subscription fees paid during a one-year period.  The Company shall not be liable for loss of content that you store in the SaveCell Vault. The Company is not responsible for circumstances beyond our control including without limitation, actions of third parties or natural disasters. The mobile phone operators and service providers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of the SaveCell Application and/or Service. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, mobile phone failure, or any other commercial damages or losses, even if the service providers knew or should have known of the possibility of such damages.

12) Your Representation

You represent that you have adequate legal capacity to enter into this Agreement, that you will use SaveCell only for lawful purposes, that you are providing complete and accurate information about yourself when required on the Website, that you will keep such information current, and that you will not violate the terms of this Agreement. You also represent that you are either more that 18 years of age, or you are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. In any case, you affirm that you are over the age of 13, as even though SaveCell is a "low-cost" subscription service, SaveCell is not intended for children under 13.

13) Force Majeure

Firefox SMS Systems Ltd shall not be held liable for delays in the performance of its SaveCell Application and/or Services or Website caused by circumstances beyond our reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labour or materials, labour disputes, transportation problems, accidents, embargoes or government restrictions (collectively "force majeure"). Notwithstanding anything contained elsewhere in this Agreement, lack of finances will not be considered an event of force majeure nor will any event of force majeure suspend any obligation of customers for the payment of money due.

14) Assignment

These Terms of Use , and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Firefox SMS Systems Ltd without restriction.

15) Miscellaneous

Any controversy or claim arising from this Agreement, the Website or the SaveCell Application and/or Services shall be governed by UK laws without reference to conflict of laws/principles and without regard to the UN Convention on the International Sales of Goods.  If you are a resident of the UK, the parties agree to submit to the jurisdiction of the UK courts. If you are not a resident of the UK, any dispute, claim or controversy arising out of or related to this agreement, whether based on contract, tort, or any other legal theory, shall be finally settled by binding arbitration under the English Arbitration act 1996 or its then current equivalent.