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Terms of Service

Introduction

Welcome to Bark Digital Marketing! By accessing or using our applications, you agree to be bound by these Terms of Service. We reserve the right to terminate account/s of users who would violate the conditions mentioned.

1. Use of Application

1.1 Account Registration. To access features of the applications, you are required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

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1.2 Prohibited Uses. You agree not to use our applications for any unlawful or prohibited purpose, including but not limited to:

  • Misrepresenting your identity or affiliation with any person or organization

  • Sending unsolicited messages (spam)  or using our applications to harass, abuse, or harm others.

  • Violating any applicable terms of service from third-party service providers, including but not limited to Gmail, Yahoo, Pushbullet, and Instagram.

  • Engaging in any activity that could harm, disrupt, or overburden our applications, or the servers and networks connected to our applications.

2. Services Provided

2.1 Email Services. If you use our email services (e.g. Gmail and Yahoo! Mail), you agree to comply with the terms and conditions of the respective email provider. You are responsible for ensuring that you have the necessary permissions and credentials to use these services within our applications and are to ensure they are protected.

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2.2 Bulk SMS Services. If you use Woofer (Bulk SMS Service with sender name), you agree to provide accurate and truthful information for the purpose of verifying your identity and associating your account with an API key and sender name. If you use Bark Connect, you agree to comply with the terms and conditions of Pushbullet and to use Bark Connect for Android in accordance to the prohibited activities for the bulk SMS services.

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Prohibited Activities. You agree not to use the bulk sms services for any of the following:

  • ​Engaging in political campaigns, distributing political propaganda, or promoting political agendas.

  • ​Sharing or promoting pornographic content, or participating in any illicit activities.

  • Offering or advertising escort services.

  • Conducting gambling activities, including virtual casinos, sports betting, and other games of chance, regardless of whether these are classified as gambling under existing laws.

  • Promoting, selling, or delivering firearms, ammunition, explosives, controlled substances, or restricted medicines and medical devices.

  • Involvement in pyramid schemes, multi-level marketing, or other commission-based recruitment schemes.

  • Selling securities, as defined under the Philippines' Revised Securities Act.

  • Facilitating person-to-person messaging, chat services, or any activities that enable real-time communication between users.

  • Engaging in any other activities similar to the above or any actions that could harm Bark Digital Marketing.​

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Violation of any of the above prohibitions may result in immediate suspension or termination of your account without refund.

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2.3 Data Handling. You acknowledge that your credentials (e.g. Access Tokens, App Passwords) will be stored locally in the application and that we do not store these confidential credentials on our servers. Scheduled messages will require you to provide an app password (for sending emails) and will be stored in our database. However, you may delete these any time before or after the email has been sent and these credentials are not stored anywhere in our system after. You are responsible for the security and confidentiality of your credentials. The only data we would store are those that we generate ourselves to integrate different applications, such as Bark Connect for Android App and Bark Web Application. You may read the Privacy Policy for more on this.

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2.4 Token Purchase and Usage. Your use of the applications services, including sending emails and SMS messages, is governed by Tokens and/or Credits. These are purchased by you in advance and are required for accessing various features of the Application.

  • Non-Refundable: All token and/or credit purchases are final and non-refundable. Once tokens are added to your account, they cannot be returned or exchanged.

  • Token Deduction: Tokens are deducted from your account for every resource used in sending a message, whether the message is delivered or not. This includes situations where messages fail to be sent or delivered, as resources are still consumed in attempting to process and transmit the message. This only applies to services that use 'Tokens' as a form of payment.

  • Credit Deduction: Credits are deducted from your account for every successful message sent. Failed messages sent would not charge you, however, this does not include incorrect phone numbers. This only applies to Woofer which uses 'Credits' as a form of payment.

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Credits are exclusively for Woofer, while Tokens are for other services. Please be aware that Tokens cannot be used for Woofer and Credits cannot be used for Bark Connect and Automailer. Tokens are deducted based on resources used, while credits are deducted for every successful message sent.

3. Indemnification

You agree to indemnify, defend, and hold harmless Bark Digital Marketing Services and its affiliates and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees, arising out of or relating to your violation of these Terms or your use of our applications.

4. Limitation

To the fullest extent permitted by law, Bark Digital Marketing and its affiliates and service providers shall not be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with your use of our applications.

5. Termination

We may terminate or suspend your access to our applications, without prior notice or liability, for any reason, including but not limited to your breach of these Terms. Upon termination, your right to use the applications will immediately cease.

6. Changes to the Terms

We may update these Terms from time to time. We will notify you of any changes by posting the new Terms on our website. Your continued use of our applications after such changes take effect will constitute your acceptance of the new Terms.

7. Contact Us

If you have any questions or concerns about these Terms, please contact us at info@bark-services.org

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