Terms of Service

1. Acceptance of Terms

By accessing or using the 365 transactional messaging platform ("Service") at getnotifications365.com, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service. These Terms apply to all users of the Service, including businesses, developers, and administrators.

2. Description of Service

365 provides a transactional messaging infrastructure platform that allows businesses to send, track, and manage notifications across multiple channels. The Service includes:

• SMS notification delivery with carrier-grade routing and TCPA compliance tools
• Email notification delivery with SPF/DKIM/DMARC authentication and inbox placement optimization
• Push notification delivery for iOS (APNs) and Android (FCM) devices
• Real-time delivery tracking, logs, and analytics dashboard
• REST API for programmatic message sending and status retrieval
• Opt-in/opt-out management and compliance reporting

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for maintaining the confidentiality of your account credentials and API keys, and for all activities that occur under your account.

3.2 Account Security

You agree to immediately notify us of any unauthorized use of your account, API keys, or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with these security obligations.

3.3 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use the Service. By using the Service, you represent and warrant that you meet these requirements and that your use of the Service complies with all applicable laws.

4. Acceptable Use Policy

You agree not to use the Service to:

• Send spam, unsolicited messages, or bulk marketing communications without proper consent
• Send messages to recipients who have opted out or requested to stop receiving communications
• Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, GDPR, or any other applicable law
• Transmit malware, phishing content, or fraudulent messages
• Impersonate any person, business, or entity
• Interfere with or disrupt the Service, servers, or networks
• Attempt to gain unauthorized access to any part of the Service or other accounts
• Use the Service for any illegal, harmful, or abusive purpose
• Send messages containing illegal content, hate speech, or content that violates carrier guidelines
• Exceed rate limits or abuse the API in ways that degrade service for other users

5. SMS Messaging Rules & Compliance

5.1 Consent Requirements

You are solely responsible for obtaining and maintaining proper written consent from all SMS recipients before sending messages through the Service. You must comply with all applicable laws, including the TCPA, and maintain records of consent for all recipients.

5.2 Opt-Out Compliance

You must honor all opt-out requests immediately. Recipients who reply STOP must not receive further messages. The Service provides automatic opt-out handling, but you are responsible for ensuring your systems respect opt-out records. Failure to honor opt-outs may result in immediate account suspension.

5.3 Transactional vs. Marketing Messages

The Service is designed for transactional notifications (order confirmations, OTPs, shipping updates, account alerts, appointment reminders, etc.). Marketing or promotional messages require additional consent and compliance measures. You are responsible for correctly classifying your messages and obtaining appropriate consent.

5.4 Message Content

All messages sent through the Service must comply with carrier content policies. Messages containing prohibited content (adult content, illegal substances, gambling, etc.) will be blocked and may result in account termination.

6. Email Messaging Rules

6.1 CAN-SPAM Compliance

All email messages sent through the Service must comply with the CAN-SPAM Act, including accurate sender information, clear subject lines, and a functioning unsubscribe mechanism for marketing emails.

6.2 Sending Domain Authentication

You are responsible for properly configuring SPF, DKIM, and DMARC records for your sending domains. Failure to authenticate your domain may result in reduced deliverability or message blocking.

7. Fees and Payment

7.1 Service Fees

Fees for the Service are based on message volume and channel usage as specified in your account plan or service agreement. You agree to pay all applicable fees in accordance with the payment terms presented to you.

7.2 Payment Terms

All fees are non-refundable unless otherwise stated. We reserve the right to change our fees at any time with reasonable notice. Continued use of the Service after fee changes constitutes acceptance of the new fees.

7.3 Late Payment

If payment is not received when due, we may suspend or terminate your access to the Service. You will be responsible for all costs of collection, including reasonable attorney fees.

8. Intellectual Property Rights

8.1 Our Rights

The Service and all content, features, and functionality are owned by 365 and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

8.2 Your Content

You retain ownership of the message content you send through the Service. By using the Service, you grant us a limited license to process, transmit, and store your message content solely for the purpose of providing the Service.

9. Service Availability and Support

9.1 Uptime

We strive to maintain 99.9% uptime for the Service, but we do not guarantee uninterrupted access. We may perform scheduled maintenance with advance notice when possible. Carrier-side delays or outages are outside our control.

9.2 Support

We provide email support at support@getnotifications365.com. Response times may vary based on your service plan and the nature of your inquiry.

10. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you consent to our collection and use of information as described in the Privacy Policy.

11. Disclaimers and Limitations of Liability

11.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT ALL MESSAGES WILL BE DELIVERED, AS DELIVERY IS SUBJECT TO CARRIER AND DEVICE AVAILABILITY.

11.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, 365 SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR USE OF THE SERVICE.

11.3 Maximum Liability

Our total liability to you for all claims arising from or related to the Service shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

12. Indemnification

You agree to indemnify, defend, and hold harmless 365 and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorney fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable laws, including TCPA, CAN-SPAM, or GDPR
• Your failure to obtain proper consent from message recipients
• Any claims by recipients of messages you sent through the Service
• Your violation of any rights of another party

13. Termination

13.1 Termination by You

You may terminate your account at any time by contacting us at support@getnotifications365.com. Upon termination, your right to use the Service will immediately cease.

13.2 Termination by Us

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice. Reasons for termination may include violation of these Terms, non-payment, sending prohibited content, TCPA violations, or any conduct that we believe is harmful to recipients, carriers, or the Service.

14. Dispute Resolution

14.1 Informal Resolution

Before filing a claim, you agree to contact us at legal@getnotifications365.com and attempt to resolve the dispute informally by sending a written notice describing the dispute and your proposed resolution.

14.2 Arbitration

If we cannot resolve the dispute informally, any dispute arising from these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

14.3 Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. General Provisions

15.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United States, without regard to its conflict of law provisions.

15.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and 365 regarding the Service and supersede all prior agreements.

15.3 Severability

If any provision of these Terms is found to be unenforceable, the remaining provisions will continue in full force and effect.

16. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website and updating the "Last Updated" date. Your continued use of the Service after changes become effective constitutes acceptance of the modified Terms.

17. Contact Information

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