Terms of Service

By accessing, browsing, or using the Social Marketing Digital platform ("Service"), you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms") and our Privacy Policy.

These Terms constitute a legally binding agreement between you ("User," "Customer," or "you") and Social Marketing Digital ("Company," "we," "us," or "our").

If you do not agree to these Terms, you must not use our Service. If you are using our Service on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.

Social Marketing Digital provides a comprehensive digital marketing platform that enables users to:

• SMS Marketing: Send bulk SMS messages to customers worldwide
• Email Marketing: Create and send email campaigns with advanced analytics
• WhatsApp Business: Send marketing messages through WhatsApp Business API
• Contact Management: Organize and segment customer databases
• Analytics and Reporting: Track campaign performance and engagement metrics
• Integration Services: Connect with third-party platforms and APIs

Account Creation:

• You must provide accurate and complete information during registration
• You must be at least 18 years old to create an account
• One person or entity may maintain only one active account
• You are responsible for maintaining the confidentiality of your account credentials

Account Security:

• You must use a strong, unique password for your account
• You must enable two-factor authentication when available
• You must notify us immediately of any unauthorized access
• You are responsible for all activities that occur under your account

Account Verification:

We may require additional verification steps, including email verification, phone verification, or identity verification, to ensure account security and compliance with regulations.

You agree to use our Service in compliance with all applicable laws and regulations. The following activities are strictly prohibited:

Prohibited Content:

• Spam, unsolicited, or bulk messages without proper consent
• Adult content, pornography, or sexually explicit material
• Illegal substances, drugs, or controlled substances
• Hate speech, discrimination, or harassment
• Fraudulent schemes, scams, or deceptive practices
• Phishing attempts or identity theft
• Malware, viruses, or harmful code
• Copyright-infringing or pirated content

Prohibited Activities:

• Sending messages to purchased or harvested contact lists
• Impersonating other individuals or organizations
• Attempting to circumvent our security measures
• Interfering with the proper functioning of our Service
• Reverse engineering or attempting to extract source code

Pricing and Plans:

• Latest pricing is published on our website and may be updated periodically
• We offer both monthly subscription packages and pay-as-you-go usage options
• Customers may also enable automatic balance top-up when credit falls below a chosen threshold
• Custom pricing for high-volume or enterprise accounts is available upon request
• All charges are in US Dollars unless otherwise specified

Payment Processing:

• Subscription fees are charged in advance on a recurring monthly basis
• Pay-as-you-go usage is billed at the time of purchase, with consumption deducted in real-time
• Additional usage beyond subscribed limits may be settled at the end of each billing cycle
• We accept standard online payment methods including major credit and debit cards
• Automatic charges are only performed with the customer’s prior authorization
• Unsuccessful or overdue payments may result in temporary account suspension

Refunds and Cancellations:

• Subscription plans can be canceled at any time from the customer account dashboard
• Unused prepaid credits may be refundable within 30 days of purchase, subject to review
• Refunds are not issued for consumed usage or already-applied top-ups
• Fair settlement terms apply in the event of service termination

Service Level Agreement:

• We strive for 99.9% uptime for our core services
• Scheduled maintenance will be announced in advance
• Emergency maintenance may occur without prior notice
• Service credits may be provided for extended outages

Customer Support:

• Email Support: Available 24/7 for all users
• Chat Support: Available during business hours
• Phone Support: Available for Enterprise customers
• Response Times: Within 24 hours for standard inquiries

Service Limitations:

• Message delivery depends on third-party carriers and networks
• Some countries may have restrictions or higher costs
• Rate limits apply to prevent abuse and ensure stability
• We reserve the right to suspend accounts for policy violations

Our Intellectual Property:

• The Service, including software, design, and content, is owned by us
• Our trademarks, logos, and brand names are our property
• You may not copy, modify, or distribute our intellectual property
• Any feedback or suggestions you provide may be used by us freely

Your Content:

• You retain ownership of all content you upload or create
• You grant us a limited license to process and deliver your content
• You are responsible for ensuring you have rights to all content used
• You must not infringe on others' intellectual property rights

DMCA Compliance:

We comply with the Digital Millennium Copyright Act (DMCA). If you believe your copyrighted work has been infringed, please contact us with a detailed notice.

Data Processing:

• We process your data only as necessary to provide our services
• You retain control over your contact lists and campaign data
• We implement industry-standard security measures
• Data is encrypted in transit and at rest

Your Responsibilities:

• Ensure you have proper consent to contact your recipients
• Comply with applicable privacy laws and regulations
• Maintain accurate and up-to-date contact information
• Respect recipients' preferences and opt-out requests

For detailed information about how we collect, use, and protect your data, please review our Privacy Policy.

Service Disclaimers:

• Our Service is provided "as is" without warranties of any kind
• We do not guarantee message delivery or campaign success
• We are not responsible for third-party service interruptions
• Results may vary based on factors beyond our control

Liability Limitations:

• Our liability is limited to the amount paid for services in the preceding 12 months
• We are not liable for indirect, consequential, or punitive damages
• We are not liable for loss of profits, data, or business opportunities
• Time limitation for claims is one year from the date of occurrence

Termination by You:

• You may terminate your account at any time through your dashboard
• Cancellation takes effect at the end of your current billing period
• You remain responsible for all charges incurred before termination
• Data export options are available before account closure

Termination by Us:

• We may suspend or terminate accounts for policy violations
• We may terminate the Service with 30 days' notice
• Immediate termination may occur for serious breaches
• We will provide reasonable notice when possible

Effect of Termination:

• Access to the Service will be discontinued
• Your data may be deleted after a reasonable retention period
• Outstanding payment obligations survive termination
• Confidentiality obligations continue after termination

Governing Law:

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law principles.

Dispute Resolution:

1. Informal Resolution: We encourage you to contact us first to resolve any disputes informally
2. Mediation: If informal resolution fails, disputes may be resolved through mediation
3. Arbitration: Binding arbitration may be required for certain disputes
4. Court Jurisdiction: Any court proceedings shall be in Delaware state or federal courts

Class Action Waiver:

You agree to resolve disputes individually and waive the right to participate in class action lawsuits or class-wide arbitration.

Modification Process:

• We may update these Terms periodically to reflect service changes
• Material changes will be communicated via email or platform notification
• Changes become effective 30 days after notification
• Continued use of the Service constitutes acceptance of changes

Version Control:

• The current version date is shown at the top of these Terms
• Previous versions are archived and available upon request
• We maintain a change log of significant modifications