General

Textuate is owned and operated by Catapult Ventures Pte. Ltd. By using Textuate, you acknowledge your acceptance to the Terms of Use of the Textuate, and accept all liability resulting from the use of this service and agree to indemnify Catapult Ventures Pte. Ltd. completely against any use or misuse of, or reliance on, or the inability to use, or from the interruption, suspension or the termination of the Textuate service.

These Terms of Use shall be subject to and interpreted in all respect in accordance with the laws of the Republic of Singapore and all Parties hereby agreed to submit to the exclusive jurisdiction of the Courts of the Republic of Singapore.

Usage Policy

It is important to note that you must submit the correct information about you and your company’s identity. You are not permitted to use our products and services for illegal or unethical activity. Users sending SMS/MMS messages in a threatening or rude manner or with anti-social content or by attempting to impersonate someone else will have their account immediately suspended without notice.

It is the duty of you and your company to understand and abide by the rules and regulations of your country with regards to our service.

Refunds

No refunds will be given for any SMS/MMS credits purchased and used. A credit refund is given for any message that is not successfully delivered to a recipient’s mobile network. A successful delivery is defined as: when a sent message has been accepted by the recipients SMS network. SMS networks may handle transmissions using various methods.

Confidentiality and Privacy Policy

Our clients’ information will not be passed on to any other third party without the permission from the client. Every effort has been made to meet guidelines of the Consumer Protection Act in Section 3 of TELECOMMUNICATION ACT (CHAPTER 3) Singapore.

Security

All our clients’ information contained within our computer systems is stored securely. All hardware and software systems are updated regularly for maximum security.

Warranties

Textuate warrants that it will provide products and services with reasonable care, skill and in good working order as laid out in our Service Level Agreement.

Singapore Spam Control Act

Our clients are required to read and understand the Singapore Spam Control Act, and shall meet the requirements stated in the Act while using the Textuate SMS Service.

Suspension and Termination

Textuate has the right to suspend or terminate any services without refunds if used illegally, unreasonably or by not conforming to our terms of use as described in this document.

Whether use is unreasonable will be solely determined by Textuate. This includes but is not limited to unsolicited sms spam.

Matters beyond Reasonable Control

There may be times when our suppliers or the mobile network operators’ own systems are operationally down and the situation is beyond our control. Textuate holds no responsibility for any issues or problems that may occur in your business under these circumstances. Every effort will be made by Textuate to minimize any downtime of our SMS/MMS delivery services.

Liability

Textuate shall not be liable for any loss of profits, business opportunities, loss of any data stored within our systems, for loss of reputation or third party losses or special loss or damage regardless of form of action, whether in negligence of contract or otherwise and regardless of whether Textuate knew or had reason to know of any loss, injury or damage possibilities in question. Any claim under any contract with Textuate shall be limited to fees paid in respect of any Textuate products and services purchased directly. Any claims should be made within 6 months of the event or issue arising.

Maintenance

Textuate may occasionally be required to carry out maintenance on its systems which could result in short periods of service unavailability. This is sometimes necessary in order to implement changes and upgrades to the service. Every effort will be made to carry out these changes outside of the normal Singapore working hours of 9am to 6pm Monday to Friday. Prior notice will be given to our clients, where possible, if work is required within the Singapore normal working hours to minimize the impact of such disruptions on our clients’ business.

Service Level Agreements

Overview

This document seeks to clarify the service and support provided to Textuate SMS API customers.

Description

Textuate provides products and services to deliver SMS messages to the GSM mobile network. It is our goal to deliver SMS messages to the GSM network operators in a timely manner. Every effort is made to deliver SMS messages within 30 seconds. We provide updates to confirm and track all messages sent to the recipient's mobile handset. These delivery updates are usually provided within 1 minute of message received by the mobile operators but do depend on the traffic of the mobile networks.

To provide a clear understanding, below is the typical process of sending an SMS message:

• Message submitted by client
• Message is stored in the Textuate & our gateways' database and queued for transmission
• Message is submitted to SMS data centre
• Message is delivered to network operator
• Message is transmitted to the mobile handset
• Delivery response is returned confirming status of message (stored in our database)

Message is re-submitted if delivery to mobile handset was not possible earlier (the mobile phone may be switched off, SIM card full and unable to receive further messages, out of service area, or the GSM network cell is busy or faulty)

Service Levels

Our aim is to successfully provide a high standard of technical support and deliver your SMS messages swiftly. 98% of messages are delivered to the mobile operators within 40 seconds. Messages are delivered to the network operator on a first-in-first-out basis. Therefore, messages received first have a higher priority in our queuing system. This delivery includes an update that the message has been received by the SMS gateway. Most messages are delivered within 10-15 seconds but there may be times during the day when high volumes affect delivery times. Textuate cannot guarantee delivery to the mobile phone handset due to several factors that could occur beyond our control. For example, the mobile phone may be switched off, SIM card full and unable to receive further messages, recipient is out of service coverage area, or the GSM network cell is busy or faulty. Any messages that are sent to mobile handsets with a routing error (mobile format or number is incorrect or mobile operator is not supported) will not be charged from your SMS credits. Any messages being received by the network operator will result in SMS credits being deducted from your account. This includes messages that were not delivered due to the factors mentioned above that are beyond our control. Please note that sometimes disruptions may be caused by our service provider. Every effort will be made to notify customers of any scheduled downtime.

Customer Service & Support

We offer email support. Each enquiry is dealt with by our customer support team in a professional and a timely manner. We respond within 4 hours and we aim to resolve all issues within 12 working hours.

Systems

Our SMS servers are located in a secure data centre and are monitored 24 hours a day by highly trained professionals. Data are backed up on a weekly basis. Email and SMS text messaging system are in place to alert of any malfunctions. This will ensure minimum downtime should this ever occur.