Terms of Service

1. Acceptance of Terms

Welcome to Presmex. These Terms of Service ("Terms") govern your access to and use of our enterprise SMS marketing platform, including our website, APIs, and related services (collectively, the "Services").

By creating an account, accessing, or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

If you do not agree to these Terms, you may not access or use our Services.

2. Description of Services

Presmex provides an enterprise SMS marketing platform designed for textile and retail businesses. Our Services include:

• SMS Campaign Management: Tools to create, schedule, and send SMS marketing campaigns to your customers
• Customer Segmentation: Advanced targeting and segmentation capabilities based on customer data
• Analytics Dashboard: Real-time reporting and analytics on campaign performance
• Automation: Workflow automation for triggered messages and customer lifecycle campaigns
• API Access: RESTful APIs for integration with your existing systems
• Compliance Tools: Features to help maintain compliance with SMS marketing regulations

3. Account Registration and Security

Account Creation

To use our Services, you must create an account by providing accurate, complete, and current information. You agree to update your information as necessary to keep it accurate.

Account Security

• You are responsible for maintaining the confidentiality of your account credentials
• You must immediately notify us of any unauthorized use of your account
• You are responsible for all activities that occur under your account
• We recommend enabling two-factor authentication for enhanced security

Account Termination

You may terminate your account at any time by contacting our support team. We reserve the right to suspend or terminate accounts that violate these Terms or engage in prohibited activities.

4. Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You must not:

Prohibited Content

• Send spam, unsolicited messages, or messages to recipients who have not opted in
• Transmit content that is illegal, harmful, threatening, abusive, or discriminatory
• Send deceptive or fraudulent messages
• Distribute malware, viruses, or other harmful code
• Infringe on intellectual property rights of others

Prohibited Activities

• Violate any applicable laws or regulations, including TCPA, CTIA guidelines, and GDPR
• Attempt to gain unauthorized access to our systems or other users' accounts
• Interfere with or disrupt the integrity or performance of our Services
• Resell or redistribute our Services without authorization
• Use our Services to compete with Presmex

5. SMS Marketing Compliance

You are responsible for ensuring that your use of our Services complies with all applicable laws and regulations, including but not limited to:

• TCPA: Telephone Consumer Protection Act requirements for consent and opt-out
• CTIA: Cellular Telecommunications Industry Association best practices
• CAN-SPAM: Requirements for commercial electronic messages
• GDPR: General Data Protection Regulation for EU residents
• CCPA: California Consumer Privacy Act for California residents

Consent Requirements

You must obtain proper consent from recipients before sending SMS messages through our platform. This includes:

• Maintaining records of opt-in consent for all recipients
• Providing clear opt-out instructions in every message
• Processing opt-out requests within 24 hours
• Not sending messages to numbers on the National Do Not Call Registry without prior consent

6. Fees and Payment

Subscription Plans

Our Services are offered on a subscription basis. Pricing is based on your selected plan and usage volume. Current pricing is available on our website and may be updated from time to time.

Payment Terms

• Subscription fees are billed in advance on a monthly or annual basis
• SMS message fees are calculated based on actual usage
• All fees are non-refundable unless otherwise specified
• We accept major credit cards and bank transfers for enterprise accounts

Price Changes

We reserve the right to modify our pricing with 30 days' notice. Continued use of the Services after a price change constitutes acceptance of the new pricing.

7. Intellectual Property

Our Intellectual Property

The Services, including all software, content, features, and functionality, are owned by Presmex and are protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our written permission.

Your Content

You retain ownership of all content you submit through our Services. By submitting content, you grant us a limited license to use, store, and process that content to provide our Services.

8. Limitation of Liability

To the maximum extent permitted by law:

• Our Services are provided "as is" without warranties of any kind
• We are not liable for any indirect, incidental, special, or consequential damages
• Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim
• We are not responsible for carrier delivery failures or delays beyond our control

9. Indemnification

You agree to indemnify and hold harmless Presmex, its officers, directors, employees, and agents from any claims, damages, losses, or expenses arising from:

• Your use of the Services
• Your violation of these Terms
• Your violation of any applicable laws or regulations
• The content of messages you send through our platform
• Claims by recipients of your SMS messages

10. Service Level and Support

We strive to maintain high availability of our Services. Enterprise customers receive dedicated support and service level agreements (SLAs) as specified in their contracts.

• Growth Plan: Standard support during business hours
• Professional Plan: Priority support with dedicated success manager
• Enterprise Plan: 24/7 premium support with SLA guarantee

11. Modifications to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through our platform. Your continued use of the Services after changes take effect constitutes acceptance of the modified Terms.

12. Governing Law and Disputes

These Terms are governed by the laws of the State of California, without regard to conflict of law principles. Any disputes arising from these Terms or the Services shall be resolved through binding arbitration in San Francisco, California, unless you opt out within 30 days of account creation.

13. Termination

Either party may terminate this agreement at any time. Upon termination:

• Your access to the Services will be suspended
• Outstanding fees become immediately due
• You may request export of your data within 30 days
• We will delete your data in accordance with our data retention policy

14. General Provisions

• Entire Agreement: These Terms constitute the entire agreement between you and Presmex regarding the Services
• Severability: If any provision is found unenforceable, the remaining provisions will continue in effect
• Waiver: Failure to enforce any right does not constitute a waiver of that right
• Assignment: You may not assign these Terms without our written consent

15. Contact Information

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