These Terms of Service (hereinafter referred to as "Terms") constitute a legal agreement between you (hereinafter referred to as "User" or "you") and Asiamessenger (hereinafter referred to as "we", "us", or "the Company") regarding the use of our SMS communication services.
Please read these Terms carefully. By accessing or using our services, you agree to be bound by these Terms. If you do not agree to any part of these Terms, please do not use our services.
"Services" refers to all SMS communication services provided by Asiamessenger, including but not limited to SMS API, MMS API, Voice API, and message sending platform.
"User" refers to any business or individual who registers and uses our services.
"Account" refers to the account created by users on our platform.
"Content" refers to SMS, multimedia messages, or voice messages sent through our services.
"Platform" refers to Asiamessenger's website, API, and management backend.
We strive to maintain high service availability with a target of 99.9% uptime (SLA). However, due to technical limitations, maintenance requirements, or force majeure factors, we cannot guarantee perpetual uninterrupted service. We will provide advance notice of scheduled maintenance.
We reserve the right to suspend or terminate your account in the following circumstances: violation of these Terms, engagement in illegal activities, prolonged inactivity, non-payment of fees, or endangering platform security. After account termination, you remain liable for all outstanding fees.
You must not use our services to engage in the following activities:
We may set reasonable limits on API call frequency, message sending volume, etc. Specific limits depend on your plan. Please contact us to upgrade your service if you need higher quotas.
Prepaid fees are generally non-refundable. However, in cases of severe service failure or our breach, we will provide proportional refunds or service credits.
All platform content, features, code, trademarks, logos, and designs are owned by or licensed to Asiamessenger. Without written permission, you may not copy, modify, distribute, or reverse-engineer our services.
You retain ownership of content sent through our services. However, you grant us a license to use, store, and transmit your content to the extent necessary to provide services. You must ensure your content does not infringe any third-party rights.
We process your personal data in accordance with our Privacy Policy. Your use of the services indicates agreement with our privacy practices.
As a data controller, you must ensure compliance with applicable data protection laws when collecting and processing recipient data. We, as a data processor, will process data according to your instructions.
Important Notice: Our services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we make no express or implied warranties, including but not limited to:
We are not responsible for: message delays or non-delivery (caused by carrier or network issues), quality or legality of your content, availability of third-party services, or losses resulting from your violation of service terms.
To the maximum extent permitted by law, we shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data loss, or goodwill damage, even if we have been advised of the possibility of such damages.
Our total liability to you (whether based on contract, tort, or other theories) shall not exceed the total fees you paid to us in the 12 months preceding the claim, or $1,000 (whichever is higher).
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so the above limitations may not apply to you.
You agree to indemnify and hold harmless Asiamessenger and its affiliates, directors, employees, and agents from any claims, losses, liabilities, and expenses (including reasonable attorney fees) arising from: (a) your violation of these Terms; (b) your infringement of third-party rights; (c) your content; (d) your use of the services.
We shall not be liable for service interruptions or delays caused by force majeure events (such as natural disasters, war, strikes, government actions, cyber attacks, power outages, etc.). In the event of force majeure, we will make reasonable efforts to restore services and notify you.
We reserve the right to modify these Terms at any time. For significant changes, we will notify you 30 days in advance via email or platform announcement. Continued use of the services indicates acceptance of the modified Terms. If you do not agree to the changes, you may terminate services before the effective date.
You may terminate services at any time by contacting us or operating on the platform. Prepaid fees are handled according to Section 5.3.
We may terminate or suspend your services in the following circumstances: violation of these Terms, non-payment of fees, engagement in illegal or harmful activities, or as required by law. We will attempt to provide advance notice for immediate termination, though this may not be possible in emergency situations.
In case of any disputes, parties should first attempt to resolve them through friendly negotiation. You can contact us at [email protected].
If negotiation fails, any disputes shall be submitted to the Singapore International Arbitration Centre (SIAC) for arbitration. The arbitration language shall be English, and the arbitration award shall be final and binding on both parties.
These Terms shall be governed by and construed in accordance with the laws of Singapore, without regard to its conflicts of law principles.
15.1 Entire Agreement: These Terms constitute the entire agreement between you and us regarding the services, superseding all prior oral or written agreements.
15.2 Severability: If any provision of these Terms is deemed invalid or unenforceable, the remaining provisions shall remain in effect.
15.3 No Waiver: Our failure to exercise or delay in exercising any right does not constitute a waiver of that right.
15.4 Assignment: You may not assign your rights or obligations under these Terms without our written consent. We may freely assign these Terms.
15.5 Notices: We will send notices to your registered email address. You should ensure the email address is valid and check regularly.
15.6 Language: The Chinese version of these Terms is the official version. In case of conflicts between translated versions and the Chinese version, the Chinese version shall prevail.
If you have any questions about these Terms of Service or need assistance, please contact us:
Company Name: Asiamessenger
Customer Service: [email protected]
Legal: [email protected]
Phone: +63 9672248777
Telegram: @iOS6868
By using Asiamessenger's services, you acknowledge that you have read, understood, and agree to be bound by all provisions of these Terms of Service.
If you have any questions, please contact us before using the services.
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