TERMS OF USE :
1. Introduction
These Terms of Use ("Terms") govern your access to and use of the Ultimate SMS platform ("Platform," "Service") operated by Etechinvest LLC ("we," "us," or "our"). By creating an account, purchasing credits, or using the Platform in any capacity, you agree to be bound by these Terms. If you do not agree, you must discontinue use of the Platform immediately.
2. Description of Service
The Platform provides SMS gateway access, campaign management, contact list management, and related messaging tools that allow you to send SMS messages to recipients via connected SMPP routes, toll-free numbers, 10DLC-registered numbers, or other carrier-approved sender IDs.
3. Eligibility and Account Registration
3.1 Eligibility
You must be at least 18 years old and legally able to enter into a binding contract to use this Platform.
3.2 Accurate Information
You must provide accurate, current, and complete information during registration and keep your account information updated.
3.3 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. Notify us immediately of any unauthorized use.
4. Consent and Recipient Requirements
4.1 Mandatory Consent
You may only send SMS messages to recipients who have provided explicit, documented, and verifiable opt-in consent to receive messages from you. Consent must be specific to SMS communications and separate from general Terms of Service or account registration acceptance.
4.2 Consent Records
You are solely responsible for obtaining, documenting, and retaining proof of consent (including timestamp, source, and method of opt-in) for every recipient in your contact lists. We reserve the right to request evidence of consent at any time, and failure to provide it upon request may result in suspension of your account.
4.3 Prohibited Contact Sources
You may not upload, import, or send to contact lists obtained through purchase, scraping, third-party data brokers, or any source that does not meet the consent requirement above.
4.4 Opt-Out Compliance
Every message you send must allow recipients to opt out via STOP, UNSUBSCRIBE, CANCEL, or END keywords. Opt-out requests must be honored immediately. The Platform automatically processes standard opt-out keywords and suppresses future sends to that number; you may not attempt to bypass, override, or disable this functionality.
5. Acceptable Use Policy
The following activities are strictly prohibited on the Platform:
- Sending unsolicited bulk SMS or "smishing" content without documented recipient consent.
- Sending content that is fraudulent, deceptive, phishing-related, or impersonates another individual, business, or brand.
- Spoofing sender IDs or using sender identities you are not authorized to use.
- Sending content promoting illegal activities, controlled substances, weapons, or any content prohibited by carrier or CTIA guidelines.
- Sending messages containing malware, phishing links, or content designed to compromise recipient devices or data.
- Using alphanumeric sender IDs for messaging to destinations where such use is not supported by the receiving carrier (e.g., US/Canada NANP destinations).
- Attempting to circumvent carrier filtering, rate limits, or compliance checks.
- Reselling or sub-licensing Platform access without our prior written consent.
- Using the Platform to harass, threaten, or abuse any individual.
6. Message Content Responsibility
You are solely responsible for the content of all messages sent through the Platform. We do not review message content prior to sending and bear no liability for the legality, accuracy, or appropriateness of content you transmit.
7. Carrier Compliance and Sender Registration
7.1 Toll-Free Verification and 10DLC
Where required by carriers, you must complete toll-free verification (TFV) or 10DLC campaign registration before sending production traffic. We may require documentation of your business, use case, and consent workflow as part of this process.
7.2 Use-Case Accuracy
The use-case category and message samples you declare during sender registration must accurately reflect your actual traffic. Sending content inconsistent with your declared use case may result in suspension of your sender ID or account, without liability to us for any resulting service interruption.
7.3 Carrier-Imposed Restrictions
We are not responsible for delivery failures, throughput limitations, filtering, or suspensions imposed by carriers or upstream SMSC providers, including as a result of complaints, content violations, or registration issues.
8. Billing and Credits
8.1 Payment
Access to sending functionality requires the purchase of credits or an active subscription plan, as applicable. Pricing is displayed within the Platform and may be updated from time to time.
8.2 No Refund Policy
Credits consumed for message delivery attempts are non-refundable, regardless of delivery outcome, once a message has been submitted to the carrier network.
8.3 Suspension for Non-Payment
We reserve the right to suspend or terminate access to the Platform for accounts with outstanding unpaid balances.
9. Complaint Thresholds and Suspension
9.1 Any account, sender ID, or campaign that generates more than 5 recipient complaints per month, or that triggers carrier-level filtering, blacklisting, or suspension of an assigned number, is subject to immediate suspension pending investigation.
9.2 We reserve the right to suspend or terminate your account immediately, without prior notice, if we reasonably believe you have violated this Acceptable Use Policy, applicable law, or carrier requirements.
9.3 Suspension or termination resulting from your content, consent practices, or compliance failures does not entitle you to a refund of unused credits or subscription fees.
10. Data Protection and Privacy
Your use of the Platform, including the personal data of your recipients that you upload or process, is subject to our Privacy Policy. You represent and warrant that you have the legal right to collect, upload, and process any recipient data you submit to the Platform, and that you comply with all applicable data protection laws, including GDPR and TCPA where relevant.
11. Intellectual Property
All software, design, branding, and content associated with the Platform are the property of Etechinvest LLC or our licensors. You may not copy, modify, reverse-engineer, or create derivative works from the Platform without our express written consent.
12. Limitation of Liability
12.1 The Platform is provided on an "as-is" and "as-available" basis without warranties of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
12.2 We are not liable for any indirect, incidental, special, or consequential damages arising from your use of the Platform, including but not limited to lost revenue, lost messages, delivery delays, or carrier-imposed penalties.
12.3 Our total liability for any claim arising from your use of the Platform shall not exceed the amount you paid us in the three (3) months preceding the claim.
13. Indemnification
You agree to indemnify and hold harmless Etechinvest LLC, its officers, and affiliates from any claims, damages, liabilities, or expenses (including legal fees) arising from your use of the Platform, your message content, your failure to obtain proper consent, or your violation of these Terms or applicable law.
14. Suspension and Termination
14.1 We reserve the right to suspend or terminate your access to the Platform at our discretion, including for violations of these Terms, non-payment, or carrier compliance failures.
14.2 Upon termination, your right to use the Platform ceases immediately. Provisions of these Terms that by their nature should survive termination (including Sections 6, 12, and 13) will remain in effect.
15. Changes to These Terms
We may update these Terms from time to time. Continued use of the Platform after changes are posted constitutes your acceptance of the revised Terms.
16. Governing Law
These Terms are governed by the laws of the State of Wyoming, USA, without regard to conflict of law principles.
17. Contact Us
If you have any questions about these Terms, please contact us at info@etechinvest.com.