These Terms and Conditions (“Agreement”) govern your use of the services, products, and solutions provided by Xammer, including our SMS campaign platform, smart tracking URLs, OTP services, and related technologies (collectively referred to as the “Services”). By accessing or using the Services, you agree to comply with and be bound by these Terms and Conditions. If you do not agree to these terms, do not use the Services.
1. Acceptance of Terms
By accessing, using, or subscribing to the Services, you acknowledge that you have read, understood, and agree to these Terms and Conditions. You represent and warrant that you have the legal authority to accept these terms on behalf of your organization, if applicable.
2. Services Provided
Xammer provides a platform designed to optimize and manage SMS campaigns, offering advanced features to enhance campaign effectiveness. These features include:
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- Unified SMS Campaign Screen: A streamlined interface to send unicode, customized, personalized, or any type of SMS from a single dashboard.
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- Smart Tracking URLs: The ability to create and track Smart URLs with unlimited parameters to measure the success of your campaigns.
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- Frequency Capping: Set limits on the number of communications sent to a single user, preventing over-communication and optimizing engagement.
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- TrustSignal OTP Service: A fast, reliable OTP service designed to enhance security and ensure smooth user verification.
3. Account Registration and Security
To use the Services, you may need to create an account. By registering, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your account details, including your login credentials. Any activity that occurs under your account is your responsibility. Notify Xammer immediately if you suspect any unauthorized use of your account.
4. Usage License
Subject to these Terms and Conditions, Xammer grants you a limited, non-exclusive, non-transferable license to access and use the Services solely for your internal business purposes. You may not sublicense, lease, sell, or otherwise transfer the Services to third parties without explicit permission from Xammer.
5. Acceptable Use
You agree to use the Services in compliance with all applicable local, state, and national laws. Specifically, you agree not to:
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- Use the Services for any unlawful, fraudulent, or harmful activities.
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- Transmit or facilitate the transmission of spam, unsolicited bulk messages, or other prohibited content.
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- Interfere with the proper functioning of the Services or disrupt other users’ experiences.
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- Use the Services to transmit viruses, malware, or other harmful software.
6. Fees and Payment
Certain Services may require a subscription or usage fee. By subscribing or using premium features, you agree to pay all fees associated with your use of the Services, as outlined during registration or in the subscription agreement. Fees are subject to change, and you will be notified of any adjustments.
Payment must be made according to the agreed terms. Failure to make timely payments may result in suspension or termination of your access to the Services.
7. Data Privacy and Security
Xammer is committed to protecting your privacy and data. We employ industry-standard security measures to safeguard your data. Please refer to our Privacy Policy for details on how we collect, use, and protect your data.
You are responsible for ensuring that your data and any content transmitted through the Services complies with applicable data protection laws and regulations.
8. Service Availability and Limitations
While Xammer strives for continuous uptime, we do not guarantee that the Services will always be available without interruption. Periodic maintenance, upgrades, or unforeseen issues may cause temporary disruptions. We will make reasonable efforts to notify users of planned downtime in advance.
Xammer is not liable for any damages caused by service interruptions, whether planned or unexpected.
9. Intellectual Property
All intellectual property rights in the Services, including software, content, and technologies provided by Xammer, are owned by Xammer or its licensors. You may not copy, modify, or create derivative works from the Services unless authorized by Xammer.
10. Limitations of Liability
To the maximum extent permitted by law, Xammer shall not be liable for any indirect, incidental, special, or consequential damages arising from your use of the Services. This includes loss of data, business profits, or any other loss, whether or not Xammer has been advised of the possibility of such damages.
The maximum liability of Xammer for direct damages is limited to the amount paid by you for the specific Services that gave rise to the claim in the twelve months preceding the event.
11. Termination
Xammer reserves the right to suspend or terminate your access to the Services at any time, with or without cause. Suspension or termination may result from violations of these Terms and Conditions or failure to comply with payment obligations.
Upon termination, your right to use the Services will immediately cease, and you may lose access to any data or content stored in your account.
12. Modifications to Terms
Xammer reserves the right to update, modify, or revise these Terms and Conditions at any time. Changes will be posted on our website, and you will be notified of material changes through the contact information you provided. Continued use of the Services after changes to these Terms and Conditions constitutes your acceptance of the updated terms.
13. Governing Law and Dispute Resolution
These Terms and Conditions are governed by the laws of [Country/State]. Any disputes arising from these terms or your use of the Services will be resolved through binding arbitration in [City/State], with the prevailing party entitled to reasonable attorney’s fees and costs.
14. Miscellaneous
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- Severability: If any provision of these Terms and Conditions is held to be invalid or unenforceable, the remaining provisions will continue in full force and effect.
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- Entire Agreement: These Terms and Conditions, along with any applicable agreements or documents incorporated by reference, constitute the entire agreement between you and Xammer regarding the use of the Services.