1. Acceptance of These Terms

Welcome! This service, including https://routeflowsms.com (the "Site," including all subdomains), is a copyrighted work belonging to XProduct Labs ("we," "us," and "our"). These terms of service (the "Terms") govern your access to and use of the RouteFlow SMS services, client software and websites (the "Services"). Specific features of our Services may have additional rules and terms associated with them, and such additional rules and terms will be prominently posted or otherwise made available to each user ("you" and "your," including any entity you represent) and are incorporated herein by reference. By using our Services, you are agreeing to be bound by these Terms, our Acceptable Use Policy, and the Privacy Policy. If you are using our Services for an organization, you are agreeing to these Terms on behalf of that organization.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND XPRODUCT LABS. BY USING THIS SITE AND THE RELATED SERVICES YOU UNCONDITIONALLY AGREE TO BE BOUND BY THESE TERMS, INCLUDING ALL EXCLUSIONS AND LIMITATIONS OF LIABILITY HEREIN, AND WARRANT THAT YOU HAVE FULL AUTHORITY AND CAPACITY, LEGAL AND OTHERWISE, TO USE THE SERVICES. YOU MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS.

THESE TERMS LIMIT THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE AND REQUIRE THAT ALL DISPUTES BE RESOLVED THROUGH BINDING ARBITRATION. THIS MEANS THAT YOU AGREE TO RESOLVE DISPUTES INDIVIDUALLY ACCORDING TO THE ARBITRATION PROVISIONS BELOW RATHER THAN IN A COURT OF LAW OR THROUGH A CLASS ACTION LAWSUIT.

You must be at least 18 [eighteen] years of age to use the RouteFlow SMS services, including this Site. By using any of our Services, you represent that you are at least 18 [eighteen] years of age.

2. License to Use RouteFlow SMS

RouteFlow SMS primarily operates as a for-profit software service. Subject to these Terms, you are granted a personal, worldwide, non-transferable, non-exclusive, royalty-free, limited license to use and access the RouteFlow SMS services. You must use this license only in the manner permitted by these Terms for the sole purpose of using and enjoying the benefit of the Services provided.

3. Advertisements

The Services provided may include advertisements, some of which may be targeted based on the type of information on the Site and other Services, queries made, or other information, whether submitted by you or others. The types and amount of advertising on the Site or through the Services is subject to change.

4. Cookies

This website uses cookies. Cookies store information related to visitors' preferences, browser type, and other information in order to optimize their experiences. By using this Site you acknowledge your understanding of and consent to XProduct Labs' use of cookies. You may delete cookies already on your computer by consulting the instructions for your file management software. You may also disable future cookies in your browser settings. Please note, however, that disabling cookies may prevent or impair your ability to access and fully make use of certain Services and areas of the Site.

You also acknowledge that websites such as Google and other third-party vendors to our Site may use DART cookies to provide add-ons to our Site based upon visitors visiting our Site and other websites. Visitors may decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL: http://www.google.com/privacy_ads.html.

5. Acceptable Use Policy

By using the RouteFlow SMS service you agree to use the Services in compliance with these Terms and all applicable rules and regulations, including the local, state, national, and international laws that apply to your jurisdiction. We are based in California, United States. This Site and all related Services are meant for use by persons within the United States. It may be illegal for certain persons to use the Site and Services in some countries. We make no claim that the Site and Services will be legal or accessible outside of the United States. Subject to these Terms, you may view, print, and use our content and Services as permitted by our Site and Services, and only for your own personal, non-commercial use. You further agree and acknowledge that your use of this Site and the Services results in you sending electronic interstate transmissions through our computer network, and such transmissions may include, but are not limited to, any searches, file uploads, posts, instant messages, or emails.

The following uses of our Services are prohibited unless we have intended to provide you with access or have provided you express written permission to the contrary:

  1. Using the Services in a manner that causes, or may cause, damage to the Services or in a way that impairs visitors' abilities to access or use the Services, including using the Services in a manner or for a purpose that is unlawful or fraudulent;
  2. Using the Services in order to copy, store, upload, publish, use, transmit, host, or distribute anything consisting of or linked to any computer virus, spyware, rootkit, worm, keystroke logger, or other malicious computer software or software that may destroy, damage, or alter a computer system;
  3. Conducting any systematic or automated data collection on or related to the Services or its users without their consent, including, without limitation, data mining, data extraction, scraping, data harvesting, "framing," or article "spinning";
  4. Using the Services to collect, harvest, or compile information or data regarding other users of the Services without their consent;
  5. Using software or automated agents or scripts to generate automated searches, requests, or queries on the Site or to mine data from the Site, provided, however, that operators of public search engines have our revocable permission to copy materials from the Site for the sole purpose of and only to the extent necessary for creating public search indices, but not caches or archives of such materials, according to the parameters in our robots.txt file;
  6. Transmitting or sending unsolicited communications, commercial or otherwise, or conducting any marketing activities, including using the Services to send spam, pyramid schemes, or chain letters;
  7. Republishing (including on another website), duplicating, copying, redistributing, selling, leasing, transferring, hosting, renting, or licensing any part of the Site and Services or otherwise commercially exploiting content, whether in whole or in part, on the Site and Services;
  8. Editing, modifying, making derivative works of, reverse engineering, or reverse compiling any information, content, systems, or Services on the Site and other Services;
  9. Accessing the Site and other Services in order to create a similar or competitive business, product, service, or website;
  10. Collecting, transmitting, distributing, uploading, or displaying any content or otherwise using the Site or other Services in a manner that (i) violates the rights of any third party, including any intellectual property rights or rights to privacy, (ii) is unlawful, tortious, threatening, vulgar, defamatory or libelous, pornographic, obscene, patently offensive, racist, or promotes physical harm or injury, (iii) causes or may cause harm to minors in any way, or (iv) impersonates another individual or organization or otherwise misrepresents affiliation with another person or entity without permission;
  11. Interfering with, disrupting, or overburdening servers or networks connected to the Site or other Services;
  12. Gaining or attempting to gain unauthorized access by any means to any part of the Site or other Services or to computers or networks connected to the Site or other Services; and
  13. Harassing, stalking, harming, or otherwise interfering with or negatively affecting another user's normal use and enjoyment of the Site or other Services.

6. International Use and Compliance

Due to the global nature of the internet, you understand and agree that it is your responsibility to ensure that your use of the Services complies with all local, international, and other laws that may apply. In addition, United States import and export control laws and the import regulations of other countries may apply to the use of the Services. You agree not to export, upload, post, or transfer, directly or indirectly, any software, technical data, or technology acquired through us, the Site, or the Services in violation of such export or import laws, including, but not limited to, the United States Export Administration Regulations (EAR) and the various United States sanctions programs.

7. Minors

We do not knowingly collect personal information or data from visitors under 13 years of age. You may not use this site or other services if you are under the age of 13 [thirteen].

8. User Accounts

Visitors to the Site and other Services are permitted to create user accounts. You agree to create only one account for your personal or business use and to provide accurate information to us. You are solely responsible for the activity associated with your account and for maintaining the confidentiality of your password. You may not permit others to use your account, and you may not use another user's account. You must notify us immediately of any breach of security or unauthorized access to or use of your account. We will not be liable for any losses you incur as a result of someone else using your account, whether with or without your consent and knowledge; however, you may be held liable for losses incurred by us or others as a result of such use.

9. Third-Party Resources

The Services may contain links to, or advertisements for, services, products, websites, or other resources owned, operated, or otherwise provided by third parties ("Third-Party Resources"). These Third-Party Resources are not under our control, and you acknowledge that we are not liable for the content, offerings, functions, or availability thereof. Additionally, we do not endorse such Third-Party Resources. Your correspondence and any related transactions with third parties accessed through the Services are solely between you and the applicable third party. You agree that we will not be responsible or liable for any loss or damage incurred as the result of any such correspondence or transaction, or the inclusion of such Third-Party Resources on or through the Services.

10. Fees and Payment

Certain Services may require payment of fees. You must pay all applicable fees in connection with such Services. We reserve the right to change the fees for such Services or to institute fees for Services that currently do not require payment. Payment is due upon purchase. You agree to pay all fees in U.S. dollars using a credit card or debit card that you have the lawful right to use. If you refuse or fail to pay the applicable fees for any Services, we may suspend or terminate your access to such Services.

11. Refunds

All fees are non-refundable unless otherwise stated. We reserve the right to issue refunds or credits at our sole discretion. If we issue a refund or credit in one instance, we are under no obligation to issue the same refund or credit in the future.

12. Subscription Services

Certain Services may be offered on a subscription basis ("Subscription Services"). You will be billed on a recurring basis for Subscription Services. By purchasing Subscription Services, you authorize us to charge your payment method on a recurring basis until you cancel the Subscription Services. Subscription Services automatically renew unless you cancel prior to the next billing cycle. You may cancel Subscription Services at any time through your account settings or by contacting us.

13. Privacy Policy

Your privacy is important to us. Our Privacy Policy explains how we collect, use, and protect your personal information. By using the Services, you agree to the terms of our Privacy Policy, which is incorporated into these Terms by reference.

14. User Content

You are solely responsible for any content you submit, post, or transmit through the Services ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, transferable license to use, reproduce, distribute, display, and perform your User Content in connection with operating and providing the Services. You represent and warrant that you own or have the necessary rights to submit your User Content and that it does not violate any third-party rights or applicable laws.

15. Intellectual Property Rights

The Services, including all content, features, and functionality, are owned by XProduct Labs and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Services without our prior written consent.

16. Digital Millennium Copyright Act (DMCA)

We respect the intellectual property rights of others and expect users of the Services to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us with the required information under the DMCA.

17. Disclaimers

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE SERVICES IS AT YOUR OWN RISK.

18. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL XPRODUCT LABS, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE CLAIM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

19. Indemnity

You agree to indemnify, defend, and hold harmless XProduct Labs and its subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, including, but not limited to, costs and attorney's fees, from any claim or disputes by a third party arising out of your use of the Site or other Services, violation of these Terms, violation of applicable law, or your posting, modifying, or otherwise transmitting content through the Site or other Services. We reserve the right, at your expense, to assume exclusive control over the defense of any claim or dispute for which you must indemnify us. You agree to cooperate fully with us in defending such claims or disputes, and you agree not to settle any such claims or disputes without our prior written consent. We will make a reasonable effort to provide you with notice of any such claim or dispute once we receive notice.

20. Release

In the event you have a dispute arising out of, directly or indirectly, these Terms or your use of the Site or other Services, you hereby release and forever discharge us, including our subsidiaries, officers, employees, contractors, agents, affiliates, partners, suppliers, and licensors, from all related claims, actions, demands, disputes, damages, and liabilities, whether past, present, or future. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "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."

21. Termination

We may suspend or terminate your access to the Site or other Services at any time and for any reason or no reason at all, with or without notice, at our sole discretion. This may result in deletion of information associated with your account. You may also terminate your account by deactivating it or by submitting a termination request and discontinuing your use of the Services. Your account may be deactivated if it experiences a prolonged period of inactivity. Where applicable, all rights and responsibilities of the parties under these Terms will survive the termination of this agreement, including, without limitation, intellectual property ownership, warranties, disclaimers, and limitations of liability.

22. Modification of These Terms

We may modify or update these Terms from time to time at our sole discretion. All updates will be effective from the time and date that they are posted. We recommend checking this page regularly for any updates. Your continued use of the Site or other Services signifies your acceptance of the updates that occur. We may send you notice of updates to these Terms, including, but not limited to, by email, posting on the Site, or other reasonable means.

23. Violations of These Terms

Should you breach these Terms, we may take any and all actions we deem appropriate in our sole discretion under the circumstances, including, but not limited to, suspending, blocking, or terminating your access to the Site and Services and your account.

24. Dispute Resolution

Unless both parties agree otherwise, you and XProduct Labs agree that any dispute, claim, or controversy you may have arising out of or relating to the Site, Services, or these Terms will be resolved through mandatory binding arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and the judgment of its arbitrator(s) may be entered by any court of competent jurisdiction. You further agree that the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and THE PARTIES FURTHER AGREE THAT EACH IS WAIVING ITS CONSTITUTIONAL RIGHT TO A TRIAL BY JURY AS WELL AS THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION OR MULTI-PARTY ACTION. ALL CLAIMS AND DISPUTES RELATED TO YOUR USE OF THE SITE OR SERVICES OR ARISING UNDER THE TERMS MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. ANY DISPUTE, CLAIM, OR CAUSE OF ACTION THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO THE SITE, SERVICES, OR THESE TERMS MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION WILL BE PERMANENTLY BARRED. This provision will survive the termination of this agreement and the termination of your account.

You and XProduct Labs agree that we may seek injunctive or other appropriate relief in the appropriate state or federal court should you violate or threaten to violate the intellectual property rights of us or our subsidiaries, affiliates, partners, suppliers, or licensors, and you consent to exclusive jurisdiction and venue in such courts.

25. General Terms

a. Entire Agreement

These Terms and our Privacy Policy represent the entire and exclusive agreement between you and XProduct Labs regarding your use of the Site and Services, superseding and replacing all previous agreements. You may also be subject to additional terms and conditions or separate agreements regarding specific Services we provide, partner or affiliate services, use of Third-Party Resources, or any purchases you may make through the Site or other Services.

In the event that these Terms are translated into other languages and there is a discrepancy between the two language versions, the English language version will prevail in all cases to the extent that such discrepancy is the result of an error in translation.

b. Waiver and Severability

Our failure to enforce any right or provision of these Terms will not operate as a waiver of such right or provision.

If any provision of these Terms or the application thereof is held to be invalid or unenforceable for any reason and to any extent, that provision will be considered removed from these Terms; however, the remaining provisions will continue to be valid and enforceable according to the intentions of the Parties and to the maximum extent permitted by law. If it is held that any provision of these Terms is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

c. Assignment

Your rights and obligations under these Terms, including any accounts, profiles, or personalization settings you may have, may not be assigned, subcontracted, delegated, or otherwise transferred by you without our prior written consent, and any attempt to do so will be null and void. We may freely assign these Terms and our rights and obligations hereunder without notice to you, and these Terms will continue to be binding on assignees.

d. Cumulative Rights

The rights of all parties under these Terms are cumulative and will not be construed as exclusive of each other unless otherwise required by law.

e. Law and Jurisdiction

These terms shall be governed by, and will be construed under, the laws of California, United States, without regard to or application of its conflict of law principles or your state or country of residence. All claims, disputes, and legal proceedings related to or arising out of these Terms or your use of the Site or Services will be brought exclusively in the federal or state courts located in California, and you hereby consent to and waive any objection of inconvenient forum as to such jurisdiction.

26. Electronic Communications

Electronic communications occur whenever you use the Site or Services, you send us emails, we send you emails, and we post notices on the Site. You consent to receive such electronic communications and agree that the electronic communications, including, without limitation, all notices, terms, disclosures, and agreements, has the same legal effect and satisfy any legal requirement that such communications would satisfy if provided to you in a written hard copy.

27. Feedback and Complaints

You hereby assign to us all rights in any feedback or complaints you provide us concerning the Site or Services and agree that we have the right to use and fully exploit all such feedback or complaints in any manner we wish, commercial or otherwise. We will treat all such feedback or complaints as non-confidential and non-proprietary. Do not provide us with any feedback or complaints that you consider confidential or proprietary.

If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814 or by telephone at (800) 952-5210.

28. Contact Information

Please report any violations of these Terms to us. If you require any more information or have any questions about these Terms, you may contact us as follows:

XProduct Labs
223 Town Center Pkwy #332
Spring Hill, TN 37174
hello@xproductlabs.com