Terms of Service

1. Acceptance of Terms

By accessing or using the PercyTech SMS Platform ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all users, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

2. Description of Service

PercyTech SMS provides a business-to-business (B2B) software-as-a-service platform that enables businesses to send and receive SMS and MMS messages. Our Service includes:

• Message sending and receiving capabilities
• Contact and conversation management
• Broadcast messaging and scheduled campaigns
• Message templates and automation
• Analytics and reporting tools
• Integration with third-party messaging providers

3. Account Registration and Access

To use the Service, you must create an account and provide accurate, complete, and current information. You are responsible for:

• Maintaining the security of your account credentials
• All activities that occur under your account
• Ensuring compliance with these Terms by all users in your organization
• Notifying us immediately of any unauthorized access or security breach

4. Compliance with Laws and Regulations

CRITICAL: You agree to comply with all applicable laws, regulations, and industry guidelines related to SMS/MMS messaging, including but not limited to:

• TCPA (Telephone Consumer Protection Act): Obtain proper consent before sending commercial messages
• CTIA Guidelines: Adhere to messaging best practices and carrier requirements
• CAN-SPAM Act: Comply with opt-out requirements and message identification
• State and Local Laws: Comply with all applicable state and local messaging regulations
• Carrier Policies: Follow all carrier-specific messaging policies and restrictions
• A2P 10DLC Requirements: Complete brand and campaign registration as required

5. Prohibited Uses

You agree NOT to use the Service to:

• Send unsolicited messages (spam) or messages to recipients who have not provided express consent
• Send messages containing unlawful, harmful, abusive, or discriminatory content
• Send messages promoting illegal activities, fraud, or deceptive practices
• Impersonate another person, business, or entity
• Violate any intellectual property rights, including copyrights and trademarks
• Interfere with or disrupt the Service, servers, or networks connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or other accounts
• Use automated systems to send messages in violation of rate limits or carrier policies
• Harvest or collect information about users without their consent
• Send messages that could cause harm, including phishing, malware distribution, or scams

6. Opt-Out and Consent Management

You agree to:

• Obtain explicit, documented consent from recipients before sending commercial messages
• Honor all opt-out requests immediately (within seconds, not hours or days)
• Maintain records of consent and opt-out requests for compliance purposes
• Include clear opt-out instructions in all commercial messages (e.g., "Reply STOP to opt out")
• Never send messages to recipients who have opted out
• Refrain from charging fees for opt-out processing

7. Message Content and Accuracy

You are solely responsible for:

• All content, information, and data you transmit through the Service
• The accuracy, legality, and appropriateness of all messages
• Ensuring messages do not contain prohibited content or violate applicable laws
• Verifying that recipients have consented to receive your messages
• Maintaining the security and confidentiality of any personal information transmitted

8. Billing and Payment Terms

Subscription fees are billed in advance on a monthly or annual basis. By subscribing, you agree to:

• Pay all fees associated with your subscription plan
• Automatic renewal unless cancelled before the billing period ends
• Accept that fees are non-refundable except as required by law or as stated in our refund policy
• Pay all applicable taxes related to your use of the Service
• Understand that message costs (carrier fees) may apply in addition to subscription fees

9. Service Availability and Modifications

We strive to maintain Service availability but do not guarantee uninterrupted or error-free operation. We reserve the right to:

• Modify, suspend, or discontinue the Service at any time
• Perform maintenance that may temporarily interrupt Service
• Update features, functionality, or pricing with reasonable notice
• Restrict or terminate access for violations of these Terms or applicable laws

10. Intellectual Property

The Service, including all software, designs, trademarks, and content, is owned by PercyTech or its licensors. You may not:

• Copy, modify, or distribute any part of the Service without authorization
• Reverse engineer, decompile, or disassemble any software component
• Use our trademarks or branding without written permission
• Remove or alter any proprietary notices or labels

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERCYTECH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.

Our total liability for any claims related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify and hold harmless PercyTech, its affiliates, and their officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including attorney's fees) arising from:

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• Any content or messages you transmit through the Service
• Your infringement of any third-party rights

13. Termination

Either party may terminate your account at any time. Upon termination:

• Your right to use the Service immediately ceases
• We may delete your account and data, subject to our data retention policies
• You remain responsible for all charges incurred prior to termination
• Provisions that by their nature should survive termination will remain in effect

14. Dispute Resolution

These Terms are governed by the laws of the United States. Any disputes arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except where prohibited by law.

15. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be communicated via email or prominent notice on the Service. Continued use of the Service after changes constitutes acceptance of the modified Terms.

16. Contact Information

If you have questions about these Terms, please contact us:

PercyTech SMS
Email: legal@percytech.com
Address: [Your Business Address]