Terms of Service

1. Acceptance of Terms

By accessing and using SendSMS.click ("the Service"), you accept and agree to be bound by the terms and provision of this agreement. If you do not agree to these Terms of Service, please do not use the Service.

2. Description of Service

SendSMS.click is a Software as a Service (SaaS) platform that enables users to send SMS messages, manage contacts, create campaigns, and track message delivery. The Service provides:

• SMS messaging capabilities with delivery tracking
• Contact management and segmentation tools
• Campaign creation and scheduling
• REST API access for programmatic messaging
• Analytics and reporting features
• Message templates and personalization

The Service requires a paid subscription to activate and use. Features and limits vary by subscription plan.

3. Account Registration and Payment

To use the Service, you must:

• Create an account by providing accurate and complete information
• Select and pay for a subscription plan
• Verify your email address
• Maintain the security of your account credentials
• Be at least 18 years of age or have parental consent
• Comply with all applicable laws and regulations

Payment is required before account activation. All payments are processed securely through our payment processor. Subscription fees are charged according to your selected billing cycle (monthly or yearly). You are responsible for all charges associated with your account.

If payment fails or your subscription expires, your account may be suspended or terminated. We reserve the right to change our pricing with reasonable notice.

4. Subscription Plans and Billing

Subscription plans are available with different features and SMS limits. You may upgrade, downgrade, or cancel your subscription at any time. Changes to your plan will take effect immediately, and charges will be prorated accordingly.

If you cancel your subscription, your account will remain active until the end of your current billing period. After cancellation, your account may be suspended if payment is not renewed.

5. Acceptable Use

You agree not to use the Service to:

• Send spam, unsolicited, or illegal messages
• Violate any applicable laws or regulations, including but not limited to telecommunications, data protection, and anti-spam laws
• Infringe upon the rights of others, including intellectual property, privacy, or publicity rights
• Transmit harmful code, viruses, or malicious software
• Impersonate others or provide false information
• Interfere with or disrupt the Service or servers
• Attempt to gain unauthorized access to any part of the Service
• Use the Service for any fraudulent or deceptive purpose
• Send messages to recipients who have not consented to receive them
• Violate any carrier or telecommunications provider terms of service

Violation of these acceptable use terms may result in immediate suspension or termination of your account without refund.

6. Content and Data

You retain ownership of all content and data you submit to the Service. By using the Service, you grant us a limited, non-exclusive license to use, store, and process your data solely for the purpose of providing, maintaining, and improving the Service.

You are responsible for ensuring that you have the necessary rights and permissions for all content you send through the Service, including:

• Compliance with applicable data protection and privacy laws
• Obtaining proper consent from message recipients
• Ensuring content does not violate any third-party rights
• Maintaining accuracy and legality of all data

We reserve the right to review, filter, or block content that violates these Terms or applicable laws. We are not responsible for the content of messages you send through the Service.

7. Service Availability and Support

We strive to maintain high availability of the Service but do not guarantee uninterrupted access. The Service may be temporarily unavailable due to:

• Scheduled maintenance and updates
• Unscheduled maintenance for security or performance issues
• Circumstances beyond our control, including network outages, carrier issues, or force majeure events

We will make reasonable efforts to notify you of planned maintenance. However, we are not liable for any losses resulting from Service unavailability.

Support is provided through email and in-app messaging. Response times may vary based on your subscription plan and the nature of your inquiry.

8. Limitation of Liability and Warranties

Disclaimer of Warranties: The Service is provided "as is" and "as available" without warranties of any kind, either express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement.

Limitation of Liability: To the maximum extent permitted by law, SendSMS.click and its providers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses.

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

We are not responsible for:

• Message delivery failures due to carrier or network issues
• Content of messages sent through the Service
• Actions or inactions of third-party service providers
• Loss or corruption of data due to factors beyond our control

9. Termination and Suspension

Termination by You: You may terminate your account at any time by canceling your subscription through your account dashboard. Upon termination, your account will remain active until the end of your current billing period. After termination, you will lose access to your account and data.

Termination by Us: We reserve the right to suspend or terminate your account immediately, without notice, for:

• Violation of these Terms of Service
• Non-payment or payment failure
• Fraudulent or illegal activity
• Abuse of the Service or other users
• Any other reason we deem necessary to protect the Service or other users

Upon termination, we may delete your account data in accordance with our data retention policies. We are not obligated to retain your data after termination.

10. Intellectual Property

The Service, including its original content, features, functionality, and design, is owned by SendSMS.click and is protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove any copyright or proprietary notices
• Use our trademarks or logos without permission

11. Indemnification

You agree to indemnify, defend, and hold harmless SendSMS.click, its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Your violation of these Terms of Service
• Your violation of any third-party rights
• Content you submit or transmit through the Service

12. Governing Law and Dispute Resolution

These Terms of Service shall be governed by and construed in accordance with the laws of the jurisdiction in which SendSMS.click operates, without regard to its conflict of law provisions.

Any disputes arising from or relating to these Terms or the Service shall be resolved through good faith negotiation. If negotiation fails, disputes shall be resolved through binding arbitration or in a court of competent jurisdiction, as applicable in your jurisdiction.

13. Changes to Terms

We reserve the right to modify these Terms of Service at any time. We will notify users of material changes via email or through the Service. Your continued use of the Service after such modifications constitutes acceptance of the updated terms.

If you do not agree to the modified terms, you must stop using the Service and terminate your account.

14. Contact Information

If you have any questions about these Terms of Service, please contact us through the support channels provided in your account dashboard or by emailing info@sendsms.click.