F L O P P Y - S E N D




FloppySend Terms And Conditions


Please review these "Terms of Use" (sometimes referred to as this "AGREEMENT") as it constitutes a legal agreement between you ("YOU" or "CUSTOMER") and FloppySend, which is operated and owned by Nexotech Singapore Pte Ltd ("FloppySend", "WE" or US") and may be modified from time to time by FloppySend to make such changes effective upon posting of the amended agreement. The "Term" is the period during which you are entitled to create and send Short Message Service (SMS) using our website.

By accessing, using and/or registering for the FloppySend service provided by Nexotech Singapore Pte Ltd (hereinafter referred to as the 'Service'), you agree that you have read and understood these Terms of Use and all its contents, that this Agreement is intended to be the legal equivalent of a signed, written and equally binding contract and that all the Terms and Conditions are subject to you. You agree to periodically review the Agreement in order to be aware of any such changes, additions, deletions or other changes, and your continued access, registration and/or use of the Service shall be considered as accepting the amended Agreement.

If you do not accept all the terms and conditions of this agreement, you will not be permitted to use the services. This is an agreement for services, and under this agreement you will not be granted a license for any software.

You are responsible for ensuring compliance with all of the terms and conditions of this Agreement.

By clicking the “I accept FloppySend Terms of Use” button when requested, you accept these Terms of Use:

Prohibited Content & Industries

1. FloppySend prohibits the use of the Services by any person or entity engaged in any of the following cases:

- To send unsolicited or unwelcome messages

- For any purpose which is against public interest, public order or national harmony

- To provide information that is offensive on moral, religious, communal or political grounds

- For spamming activity. “Spamming” shall mean

(i) A situation where SMS has sent to Recipients without their prior consent and/or

(ii) Any unlawful or fraudulent SMS

- For scamming activity. “Scamming” shall mean

(i) Providing misleading information in any manner which may infringe the copyright, patent, trademark, trade secret or other proprietary rights of any ;third party or rights of privacy.

2. Indemnity

You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Service by us to you and your use of the Service including, without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses), howsoever suffered or incurred by us in consequences of your breach or non-observance of this Agreement.

3. Defamation

You shall not defame in words or matter containing untrue imputation against our reputation. So, we shall have the right to suspend or terminate any or all the service provided to you at any time for any reason, generally without notice and no refund will be make.

4. Keep secure any identification, password and other confidential information relating to your account and shall notify us immediately in writing of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.

Customer Restrictions and Responsibilities

1. This is a Service Agreement, and you are not granted a license under this Agreement to any software. You will not, directly or indirectly: reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services or the FloppySend software ("Software"); remove any proprietary notices or labels from the Services or any Software, modify, translate or create derivative works based on the Services or any Software, or copy, distribute, promise, assign or otherwise transfer or charge rights to the Services or any Software. The Services shall only be used for your internal business purposes (civic charitable) and you shall not use the Services or any Software for time-sharing or service office purposes or otherwise for the benefit of a third party.

2. You acknowledge and agree that the names and logos of the Software and the FloppySend Company and all related product and service names, design marks and slogans are the property of FloppySend or its affiliates or suppliers (collectively, the "Marks"). You are not allowed to use any of the Marks in any advertising, advertising or other commercial manner without the prior written consent of FloppySend. Your use of the Services does not confer any title or ownership on the Service, the Software or the Marks and does not constitute a sale of any rights in the Service, the Software or the Marks, except as expressly granted herein. All rights of ownership remain with FloppySend or its third party suppliers, as the case may be.

3. You represent, agree and warrant that you will use the Services only in compliance with the Agreement and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree that you will not access or otherwise use third party phone lists in connection with the preparation or distribution of unsolicited SMS to any third party. You hereby agree to indemnify and hold FloppySend harmless against any damages, losses, liabilities, settlements and expenses (including without limitation costs and reasonable attorneys' fees) in connection with any claim or action arising out of an alleged infringement of the foregoing or otherwise arising out of or relating to your use of the Services.

While FloppySend is under no obligation to monitor the content you provide or your use of the Services, FloppySend may do so and may remove any such content or prohibit any use of the Services which it considers to be (or is alleged to be) in breach of the foregoing.

5. FloppySend will not use your list or any other customer information for any purpose other than that intended for use with the Services. Your customer information will not be shared with any other party. In addition, FloppySend will not use your customer information for the purpose of sending unsolicited commercial SMS.

6. As the End User of the Service, you will receive an end user account and a password to access that account. You are entirely responsible for ensuring the confidentiality and security of your account and password. You are solely responsible for any and all activities that occur within your end-user account while using the Service, including, but not limited to, the content of any e-mail messages sent from your account through the Service. You may modify or change your password at your sole discretion at any time by following the instructions on the FloppySend website. You expressly agree to notify FloppySend immediately of any unauthorized use of your account or any other breach of security.


The offers of the basic services by www.floppysend.com provide to you on an “as is” and “as available” basis. Moreover, we use its best efforts to maintain the quality of its services, but you should not assume that www.floppysend.com is error-free or that it will be suitable for the particular purpose, which you have in mind when using it.

1. We do not provide end-to-end delivery guarantees. Therefore, there are no guarantees that a SMS will actually be delivered to its recipient. So, delay or complete loss of a SMS is inevitable.

2. SMS may not be delivered if recipient’s phone is not in range of a transmission site, or if sufficient network capacity is not available at a particular time. Even within a coverage area, factors beyond the control may interfere with SMS delivery, including the recipient’s equipment, terrain, and proximity to buildings, foliage, and weather. Certainly, you acknowledge that urgent SMS may not be timely received and that we do not guarantee that SMS will be delivered.

3. You acknowledge that distribution of SMS via third party mobile network providers and, therefore, we cannot control certain factors relating to SMS delivery. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.

4. We shall use our reasonable endeavors to make available to you at all times the Service but we shall not, in any event, be liable for interruptions of Service.

5. We shall have the right to suspend the Service at any time and for any reason, generally without notice.

6. The Service provided to you hereunder and your account with us cannot be transferred or used by anyone other than you. You may use no more than one login session under any one account at any time. So, if you have multiple accounts, limitation of you to one login session per system account at any time; user programs may be run only during login sessions. Moreover, if your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the Service and/or this Agreement immediately without refund.

Limitations of Liability

1. FloppySend or any of its underlying service providers, business partners, information providers, account providers, licensors, employees, distributors or agents (collectively referred to as 'FloppySend' for the purposes of this section) shall, to the maximum extent permitted by law, under no circumstances and under no legal theory, tort, contract, or otherwise, be liable to you or any other person for any cash damages, whether direct, indirect, special, incidental, cover, reliance or consequential damages, or for any claim by any other party. In the event that, irrespective of the foregoing, FloppySend is found liable to you for damages for any reason whatsoever, and irrespective of its form of action (whether in contract, infringement (including negligence), product liability or otherwise), FloppySend's liability to you shall be limited to the amount paid for the service as of the date of claim, loss or damage. In the event of any failure of the Services (or the Professional Services) or of FloppySend's failure to provide the Services (or the Professional Services), FloppySend shall have the sole and exclusive remedy to make commercially reasonable efforts to repair or provide the Services.

2. This Service shall be interpreted and construed in accordance with the laws of Singapore and shall be governed by them, without prejudice to any such law which might direct the application of the laws of another jurisdiction. The governing jurisdiction is the law of Latvia and the court of local jurisdiction of Nexotech Singapore Pte Ltd. If any provision or part thereof is found to be unenforceable by a court of competent jurisdiction for any reason, the remainder of this Agreement shall continue in full force and effect.


1. Intellectual property notices

The intellectual property of Floppysend.com and protected trademarks, trade dress, patents, copyrights and other laws shall be all content on Floppysend.com, including the logo, articles, other text and graphics. You may not reverse engineer, decompile or disassemble any software except and only to the extent that, irrespective of this limitation, such activity is expressly permitted by applicable law.

2. Nondisclosure

Each Party shall retain in confidence all proprietary and confidential information transmitted to the other Party that the disclosing Party has identified as proprietary and/or confidential in writing, or orally and subsequently identified in writing by the disclosing Party, and shall make no use of such information except as provided for in the terms and duration of this Agreement. We will use all reasonable precautions during the duration of this agreement, and after the termination of this agreement, and take all necessary steps to prevent your distribution lists from being acquired by unauthorized persons. We will not share confidential information in your account (unless required by law), sell it or otherwise distribute it. You agree to use all reasonable precautions and take all necessary steps to prevent the acquisition by unauthorized persons of our confidential information, data, scripts, object code, source code, programs, business plans, business models, business concepts, communications and any and all other confidential information and to take appropriate action, by instruction, agreement or otherwise, with respect to all persons authorized to access our own confidential information.

The Customer shall not disclose any of our confidential information to any person for any purpose other than that provided in this Agreement. Neither party shall, however, be under an obligation to preserve the confidentiality of the information which it provides. (a) has been legitimately received by another party from the Disclosing Party prior to its receipt; (b) The Disclosing Party has disclosed to a third party without any obligation to keep such information confidential, (c) Entering the public domain or becoming generally known to the public by the receiving party through action other than infringement of this Agreement; or (d) is independently developed by the receiving party. Each Party shall safeguard the proprietary and confidential information disclosed by the other Party with the same level of care it uses in order to safeguard its own proprietary and confidential information, but shall not, in any event, use less than reasonable care. The obligation of each party under this paragraph shall be extended for a period of three (3) years after the termination or expiry of this Agreement.

3. Force Majeure

We should not be held obligated for any delay or disappointment in execution of any portion of this Understanding from any cause past our control and without our blame or carelessness, such as current laws and directions and changes thereto, embargoes, plagues, war, fear based oppressor acts, riots, in place, fires, blasts, seismic tremors, atomic mischances, military intercession, floods, strikes, control power outages, volcanic activity, other major natural unsettling influences, abnormally serious climate conditions, acts of programmers and other illicit exercises of third parties, failure to secure items or administrations of other people or transportation offices, or acts or exclusions of transportation or broadcast communications common carriers or over-burdening or slowdowns over the internet or any third party web service providers.

4. Indemnification

You agree to reimburse and hold FloppySend, auxiliaries, affiliates, officers, specialists, agents, successors, individuals, principals and other accomplices and workers safe from any misfortune, obligation, claim or request, counting sensible attorney’s expenses, made by any third party due to or emerging out of your utilize of the Location or administrations set forward in this Understanding and/or emerging from a breach of this Assentation and/or any breach of your representations, commitments and guarantees set forward over. FloppySend saves the correct to expect the select defense and control of any matter something else subject to indemnification by you, and you should not, in any occasion, settle any matter without the written assent of Floppysend.

5. Severability

Where, for any reason whatsoever, any term or provision of this Agreement is determined to be unlawful, unenforceable or invalid in whole or in part, such unlawful, unenforceable or invalid provision(s) or part thereof shall be precluded from this Agreement and shall not affect the lawfulness, enforceability or validity of the remainder of this Agreement. If, in accordance with the provisions of this section, any provision or part thereof is stricken, this stricken provision shall, to the extent possible, be replaced by a legal, enforceable and valid provision which is as similar in tenor as is legally possible to the stricken provision.

6. Authority

As a result of the Agreement, no agency, partnership, joint venture, or employment is created and you do not have any power of any kind to bind FloppySend in any respect.

7. Advertising

You hereby acknowledge and agree that on the FloppySend website and in its advertising, marketing and promotional materials, including the use of your name, trademark, service mark, or corporate logo, FloppySend may identify you as its customer. The use of your trademark, service mark, or corporate logo by FloppySend will be done in accordance with any publicly posted guidelines for use posted by you. Please contact our sales team if you wish to delete your data.

8. Disclaimers

The conduct of any advertisers, linked websites or other users is disclaimed and not liable.

9. Complete Agreement; Governing Language

This Agreement constitutes the complete understanding between you and Nexotech Singapore Pte Ltd relating to the FloppySend Service and supersedes all earlier or contemporaneous understandings with respect to such subject matter. No correction to or modification of this Understanding will be authoritative unless in composing and marked by FloppySend. Any interpretation of this Understanding is done for nearby prerequisites and within the occasion of a debate between the English and any non-English forms, the English adaptation of this Permit might oversee, to the degree not precluded by nearby law in your ward.

Subscription & Payments

1. Price & Payment

The price for each Service is as set forth in our website. Therefore, all prices are in Euro (Euro). Moreover, we reserve the right to modify our pricing at any time without prior notice, including offering promotional, discount or higher prices. Most importantly, the valid price at any time is the quotation on our Website at the time of purchase.

Payment must be made by Cash, Bank Transfer, Cheque, Visa, MasterCard and PayPal.

Floppysend utilizes the service of third parties to process payments. So, in no event we will be responsible or liable for any payment processing issue or error. Moreover, you are responsible for making your own enquiries into and abiding by the terms and conditions of use of the relevant third party payment processing entity.

All enquires or issues relating to payment processing must be directed to the relevant third party payment processing entity.

2. Changes of Package Plan & Refund

Nexotech Singapore Pte Ltd (Any dispute will be handled in the EU).

2.1 If you are not 100% satisfied with your purchase, you may contact us within 14 days from the purchase date and we will provide a full refund of your unused credits.

2.2 The Customer is not sure to be allowed to change the SMS Package Plan during the subscription period unless Floppysend agreed for the same. However, the customer can purchase another package plan.

2.3 No refund shall be made to the customer when changing the SMS Package Plan.

2.4 There are no refunds or credits for partially used SMS credits.

2.5 Strictly no refund in cash or credit to any mistake caused by the Customers.

2.6 We do not refund on ANY rejected SMS message by Telcos. In addition, the SMS Credit will still be deducted even though the SMS was terminated before it’s delivery to the recipients.

2.7 No refunds will be given for any SMS credits purchased and used. We ensure and treat all of our Customers equally no exceptions can be made.

3. Termination & Reinstatement

3.1 We will terminate your account immediately without notice and without refund if Floppysend found that you are sending any illegal SMS content.

3.2 If you fail to pay any sums due to us as they fall due, we may suspend the Service and/or terminate this Agreement forthwith without notice to you.

3.3 If you break any of these terms and conditions and you fail to correct the breach, we may suspend the Service and/or terminate this Agreement forthwith without notice to you.

3.4 On termination of this Agreement or suspension of the Service we shall be entitled immediately to block your account login.

3.5 If your account has been suspended due to non-payment, you will not be able to access to the account nor retrieval of content until the renew of the service.

3.6 We shall not be liable for any loss of data due to non-payment service termination.

3.7 If Customer does not comply with the terms in this Agreement, Floppysend reserves the right to suspend the provision of Service or any part thereof immediately without any liability or obligation to Floppysend.

3.8 Each Telco has the right to demand Floppysend to immediately disconnect any SMS content from access to Service without case or explanation. Therefore, if Telco has made such demand, Floppysend will inform Customer immediately related to such disconnection and Floppysend will disconnect such content without any liability or obligation.

Disclaimer & Warranties

1. Use of the services and any dependence on the services by you, including any action taken by you due to such use or dependence, is at your sole risk. All the content, tools, features and services provided on the basis of "as is" and "as available" by FloppySend. FloppySend expressly disclaims all warranties of any kind, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement, whether express or implied. FloppySend makes no guarantees that your requirements will be met by the Service and/or be uninterrupted, timely, secure or error-free. FloppySend does not warrant any goods or services purchased or downloaded through the use of the Service or any links from third parties or any information collected or transactions made through the use of the Service. No advice or information obtained by you from FloppySend, whether oral or written, shall create a warranty not expressly stated herein. Furthermore, FloppySend makes no warranties concerning the suitability of the content provided through the Service for any purpose.

2. Your sole and exclusive remedy for any failure or non-performance of the services shall be for FloppySend to make commercially reasonable efforts to adjust or repair the services.

3. FloppySend guarantees an average up-time of 99.5 percent per month of the Service on the condition of full availability of the services of its Telecom Providers.

4. In connection with the performance of the service, FloppySend does not guarantee any minimum response times or deliverability times.


Any User who has registration of Floppysend can send text messages to his/her friends, family, colleagues, clients, contacts etc. using the Floppysend Interface. Certainly, these interface conditions of use strictly forbid spamming to mobile phone users.

However, we cannot guarantee that spamming will never occur. Therefore, please contact us at [email protected] with the detailed description of the issue if there is any and we will do our best to assist you.

Entire Agreement

The terms of the Privacy Policy and Anti-Spam Policy posted on this Website are incorporated herein by reference, constitute the entire agreement and understanding between Floppysend and the Customer and supersede all prior and contemporaneous agreements, documents, oral or written proposals, between Floppysend and the Customer, with the exception of any prior confidentiality agreement that will continue in effect.

FloppySend Data Protection & Support: [email protected]

Last updated: December 17, 2020.