Kolorky s.r.o. Terms and conditions for sending SMS messages
Kolorky s.r.o. ("Kolorky", "we", "us" or "our") offers a mobile text messaging service (the "Program") and by using or participating in the Program, you agree to these messaging terms and conditions as well as our messaging privacy policy.
By participating in our SMS program, you acknowledge that you have read and agree to these terms and conditions, including the provision that any disputes will be resolved out of court as set forth in the "Dispute Resolution" section below. Out-of-court resolution typically involves more limited evidence and narrower review than a regular court proceeding. We recommend that you read these terms carefully.
By signing up for or participating in our program, you acknowledge that it is your intent to receive information from us about news, discounts, promotions and other communications. However, if your intention is to make a legal claim against us or any suppliers acting on our behalf, we ask that you unsubscribe immediately by following the instructions below. Otherwise, you agree to reimburse us for all costs, including legal fees, incurred in defending against such claims.
This Agreement applies solely to the Texting Program and does not override any other terms, policies or agreements you may have with us in different contexts. Regardless of how you join the program, your participation will be governed by these terms and conditions.
1. User Consent
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Consent to receive recurring automated messages. By subscribing, you consent to receive recurring promotional and marketing text messages (e.g., SMS and MMS) from Kolorky, which may be sent via an automated system to the phone number you have provided or to any number you choose to update. By providing your phone number, you confirm that you are authorized to do so and that it is your number. Consent to receive these automated messages is not a condition for the purchase of any goods or services. Standard message and data charges may apply. The frequency of messages may vary.
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Consent to receive electronic communications. Where required by law, you consent to receive certain information from us in electronic form instead of paper form. By giving this consent, you authorize us to send you these communications electronically. You may withdraw your consent at any time, update your contact details or request a paper copy by emailing jsme@kolorky.cz.
To access these communications, you will need a device with an internet connection and the ability to save or print them. -
Authorization to use the data to detect fraud. You also consent to the use of your device and account information to verify your identity and to detect fraud. This information may be shared with Kolorky, your carrier, and third party service providers. For details on how we handle your information, please see our Privacy Policy for messaging.
2. User logout
If you no longer wish to receive messages from the Program, you can unsubscribe using the link in the SMS that is provided for this purpose. A final message may confirm your unsubscription. Please note that alternate words or phrases may not be recognized by our system and Kolorky and our service providers are not responsible for unprocessed requests if non-standard commands are used. Check-out must follow established procedures; verbal requests or other methods may not be considered valid.
3. Other Terms and Policies
By using the Program, you also agree to our Messaging Privacy Policy, Kolorky LLC Terms of Service and Kolorky LLC Privacy Policy.
4. Program Description
By signing up for the program, you may receive information about promotions, marketing materials, customer support, shipping notifications and other transactional information. This may include payment reminders.
5. AI-generated message content
From time to time, we may use artificial intelligence tools to help us generate or suggest message content. We review these messages before sending them. By continuing to participate in the Program, you acknowledge and consent to this use of artificial intelligence and agree that these third-party artificial intelligence providers are not responsible for the messages we send.
6. Message frequency, pricing and changes
Message and data charges may apply. You may receive messages at different frequencies and we reserve the right to adjust the frequency of messages at any time. We may also change the area code or phone number used to send messages.
7. Support instructions
For assistance, please contact us at jsme@kolorky.cz. Please note that this email address is not used to unsubscribe; please use the unsubscribe methods described above.
8. MMS Statement
If your device does not support MMS, the program will send SMS messages instead.
9. Disclaimer of Warranty
The program is provided as is and may not always be available due to product, software or carrier changes. Kolorky is not responsible for any delays or failures in message delivery that depend on the performance of your carrier.
10. Supported Devices
The Program is available as is, and message delivery may not work on all devices or in all areas. Kolorky, our providers and operators are not responsible for delayed or undelivered messages.
11. Contact
This Program is operated by Kolorky s.r.o. with Kolorky s.r.o. Oldřichova 283/53 Prague 2, 128 00, Czech Republic.
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You must be 13 years of age or older to use or interact with this Program. If you are between the ages of 13 and 18, you must have permission from a parent or legal guardian. By using the program, you confirm that you are 18 years of age or older or have the necessary permissions.
13. Prohibited Content
You agree not to post any Prohibited Content, including but not limited to:
- Fraudulent, defamatory, harassing or threatening activity;
- Violent content such as profanity, violence, or discriminatory content based on race, gender, religion, etc;
- Pirated software, viruses or other malicious code;
- Illegal promotions or services;
- Any other content prohibited by law.
14. Dispute Resolution
If you have any questions, please contact our customer service at jsme@kolorky.cz . We encourage informal dispute resolution, but if a resolution cannot be reached, we require out-of-court dispute resolution for any claims.
15. Miscellaneous
You agree that you have the legal authority to enter into this Agreement. Failure to execute any part of this Agreement shall not constitute a waiver of the remaining portion. If any part of this agreement is invalid, the remainder remains enforceable.
We value your privacy and your right to opt-out of receiving promotional communications from us. If you have any questions about this policy or need further assistance, please contact us at jsme@kolorky.cz .