Terms of Use for SMS-MaMa

Effective Date: 2016 - 2025

Please read these Terms of Use carefully before using the SMS-MaMa website, platforms, and services.

By accessing or using any part of SMS-MaMa's services, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any of the services.

1. Definitions

  • "SMS-MaMa": Refers to [Legal Company Name, e.g., SMS-MaMa SMS Services LLC], which is the owner and operator of the platform and services.
  • "Services": Refer to all products, features, functionalities, and services provided by SMS-MaMa, including but not limited to, Short Message Service (SMS) capabilities, Application Programming Interfaces (APIs), control panels, and related documentation.
  • "Site": Refers to the website www.sms-mama.com and any related sub-domains.
  • "User" or "You": Refers to any individual or entity accessing or using the Services.
  • "Account": Refers to the account created by the User to access and use the Services.
  • "Content": Refers to any data, text, messages, files, or other information transmitted, received, or processed through the Services.
  • "Data": Refers to any information sent, received, or stored by Users via the Services.

2. Acceptance of Terms

By creating an Account, using the Services, or accessing the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. If you are using the Services on behalf of a company or other legal entity, you represent that you have the authority to bind such company or entity to these Terms.

3. Account Registration and Use

3.1. Eligibility

You must be of legal age to form a binding contract in your jurisdiction. By using the Services, you represent and warrant that you meet this eligibility requirement.

3.2. Account Information

You are responsible for providing accurate, complete, and current registration information. You must promptly update this information to maintain its accuracy and completeness.

3.3. Account Security

You are responsible for maintaining the confidentiality of your Account login credentials and for all activities that occur under your Account. You must notify SMS-MaMa immediately of any unauthorized use of your Account or any other breach of security.

3.4. Use of Services

The Services shall be used only for lawful purposes and in a manner that does not infringe the rights of any third party or restrict or inhibit their use and enjoyment of the Services.

4. Service Description (SMS-MaMa)

SMS-MaMa offers a range of Short Message Service (SMS) capabilities that allow Users to send and receive text messages, manage campaigns, and interact with APIs for communication purposes. These Services may include:

  • Sending and receiving bulk SMS messages.
  • Two-way SMS messaging.
  • Short Code and Long Code services.
  • APIs for integrating the service with third-party applications.
  • Control panels for account, message, and report management.
  • [Add any other specific services SMS-MaMa provides].

SMS-MaMa reserves the right to modify, suspend, or discontinue any part of the Services at any time without prior notice.

5. User Responsibilities and Prohibited Uses

5.1. Compliance with Laws

You are responsible for complying with all applicable laws and regulations in connection with your use of the Services, including, but not limited to, data protection laws, telecommunications laws, and anti-spam laws.

5.2. Prohibited Uses

You are prohibited from using the Services for any of the following purposes:

  • Transmitting unsolicited messages (spam), unauthorized promotional materials, or repetitive messages, or any other form of solicitations.
  • Transmitting content that is unlawful, harmful, threatening, abusive, defamatory, vulgar, obscene, hateful, racially, or otherwise objectionable.
  • Impersonating any person or entity or misrepresenting your affiliation with a person or entity.
  • Uploading or transmitting any content containing software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
  • Interfering with or disrupting the Services or servers or networks connected to the Services.
  • Attempting to gain unauthorized access to any portion of the Services, other accounts, computer systems, or networks connected to the Services.
  • Any activity that violates the intellectual property rights of a third party.
  • [Add any other prohibited uses specific to your services].

5.3. Consent

You are responsible for obtaining all necessary consents from recipients before sending messages to them via our Services. You represent and warrant that you have obtained explicit, legal, and auditable consent from all recipients to send messages to them.

6. Intellectual Property

6.1. SMS-MaMa's Rights

All intellectual property rights related to the Services and the Site (including, but not limited to, software, design, text, graphics, logos) are the exclusive property of SMS-MaMa and its licensors. No rights or licenses are granted to you except as expressly set forth herein.

6.2. User Content

You retain ownership of any Content you submit, store, or receive through the Services. However, you grant SMS-MaMa a worldwide, non-exclusive, royalty-free, sublicensable license to use, reproduce, distribute, display, and modify your Content to the extent necessary to provide the Services to you.

7. Fees and Payment

7.1. Pricing

Pricing for the Services is set forth on the SMS-MaMa website or as otherwise agreed. SMS-MaMa reserves the right to change its prices at any time, and you will be notified of any changes before they become effective.

7.2. Billing and Payment

You agree to pay all applicable fees by their due date. SMS-MaMa reserves the right to suspend or terminate your Account if payments are not received in a timely manner.

7.3. Refund Policy

"All sales are final and non-refundable unless expressly stated otherwise. Refunds may be considered in specific cases at the sole discretion of SMS-MaMa, for instance, in the event of a significant technical error preventing the core use of the service."

8. Privacy

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and disclose your information. You can review our Privacy Policy at www.sms-mama.com/mama/privacy-policy. By using the Services, you consent to our data collection, use, and disclosure practices as described in the Privacy Policy.

9. Confidentiality

All non-public information disclosed by SMS-MaMa to you ("Confidential Information") is confidential. You shall use Confidential Information solely for the purpose of using the Services and shall not disclose Confidential Information to any third party.

10. Disclaimer of Warranties

The Services are provided "as is" and "as available" without any warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. SMS-MaMa does not warrant that the Services will be error-free or that access thereto will be continuous or secure.

11. Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall SMS-MaMa, its directors, employees, agents, affiliates, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Services; (b) any conduct or content of any third party on the Services; (c) any content obtained from the Services; and (d) unauthorized access, use, or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage.

12. Indemnification

You agree to indemnify, defend, and hold harmless SMS-MaMa and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of these Terms; or (c) your violation of any rights of a third party.

13. Termination

SMS-MaMa may terminate or suspend your Account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the Services will immediately cease. If you wish to terminate your Account, you may simply discontinue using the Services.

14. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the United States of America, without regard to its conflict of law principles. Any dispute or claim arising out of or in connection with these Terms shall be exclusively settled in the courts of the United States of America.

15. Changes to Terms

SMS-MaMa reserves the right, at its sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Services after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Services.

16. Miscellaneous Provisions

16.1. Severability

If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will be interpreted so as best to effectuate the original intent of the parties, and remain in full force and effect.

16.2. Entire Agreement

These Terms, together with the Privacy Policy and any other relevant agreements (such as Service Level Agreements), constitute the entire agreement between you and SMS-MaMa regarding the Services.

16.3. Assignment

You may not assign any of your rights or obligations under these Terms without the prior written consent of SMS-MaMa.

17. Contact Us

If you have any questions about this Privacy Policy, please contact us:

  • By email: support@sms-mama.com
  • WhatsApp: +19254440061
  • Address: United States of America