Terms and Conditions agreement

Legal contract between you (Customer) and TerraReach. Discover our terms and conditions agreement.

1. Introduction

Overview: Welcome to TerraReach, a leading SMS marketing tool designed to help businesses effectively communicate with their customers. Our services include message automation, campaign management, and analytics.

Acceptance of Terms: By using TerraReach, you agree to be bound by these terms and our privacy policy. If you do not agree, please do not use our services.

2. Use of Service

Eligibility: You must be at least 18 years old to use TerraReach.

Account Responsibility: You are responsible for maintaining the security of your account and password. TerraReach cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. Permitted Use: TerraReach is to be used for your direct marketing campaigns and transactional messaging in compliance with all applicable laws and regulations.

Customer undertakes to obtain and maintain any licenses, or approvals as are required under the applicable laws for carrying out its business and for offering the services at terminated destination.

Customer undertakes to indemnify TerraReach and keep it indemnified against all liabilities, losses, costs damages, expenses, demands, proceedings, claims and actions TerraReach may suffer or incur (including all legal and other charges and expenses which may be incurred) of whatever nature and howsoever arising as a result of The Customer failure to obtain or maintain such licenses or approvals pursuant to this clause.

3. SMS Marketing Compliance

Compliance with Laws: You agree to comply with all relevant laws and regulations, including the Telephone Consumer Protection Act (TCPA) and General Data Protection Regulation (GDPR).

Opt-in Requirements: You must obtain express consent from individuals before sending them marketing messages.

Opt-out Mechanism: Each message must include clear instructions on how the recipient can opt-out of future messages.

4. Sender ID

The Customer should request desired Sender ID and should be approved by Us before available to use, text only (no numbers). Only to be used in a professional manner. TerraReach reserves all rights to reject or ask for any existing proof for a new Sender ID request.

5. Content Standards

Prohibited Content: Messages must not contain offensive, threatening, defamatory, or otherwise objectionable content. The guidelines to be taken into consideration by the Customer, with regards to the contents shall include, but not be limited to the following:

a) Messages and information sent as a result of spamming are not permitted.

b) Messages, information, or programs of an explicitly or implicitly sexual nature are not permitted.

c) Messages, information, or programs must not suggest encourage or incite any person to use harmful substances or engage in dangerous practices.

d) Messages, information, or programs, which may be considered unsuitable for a general audience including children, shall not be permitted.

e) Messages must not contain any notifications, advertising, promotional or marketing information of any mobile operator or a competitor of a mobile operator.

User Responsibility: You will be solely responsible for writing and\or generating the SMS content and TerraReach shall not be responsible in any way for the SMS content, and the Customer shall indemnify TerraReach for any damages\losses may be incurred from such content.

6. Pricing / Fees / and Refund Policy

Fees are due within seven days from the invoice date. If your undisputed payment is three days or more late, we may suspend the Service and any other services you receive from TerraReach. Suspended accounts cannot be restored or refunded. Any remaining balance in the account may be cleared while the system processes account suspension.

TerraReach doesn’t offer any refund and any balance in the account can only be used to send SMS.

When changing plans, your current account balance will be carried forward, but the cost per SMS will be based on the pricing of your new plan.

7. Credit/Debit Card Payments

Payment Gateway: All card payments that we accept will be carried only with a globally approved payment gateway service (Stripe). We will not save or handle your card number, or CVV code in our systems. In case you are opted in to “Save card” feature, your card will be saved securely in Payment Gateway side and we will hold only a reference to that card instance.

Saved Card: All payments by “Saved card” feature will initiate only on your action of a button click or only if you opted into auto charge your monthly invoices.

Automatic Payments: If you have enabled automatic payments, we will attempt to charge the selected card on the due date of your invoices. This ensures that your payments are processed seamlessly and in a timely manner.

All payments will be subjected to our refund policy stated at the clause 6.

8. Limitation of Liability

Service Limitations: TerraReach is provided on an “as is” and “as available” basis. We do not guarantee that our service will be uninterrupted or error-free.

Liability Clause: TerraReach’s aggregate liability for all claims relating to the services shall not exceed the amounts paid by you to TerraReach under this agreement over the twelve (12) months preceding the claim.

9. Privacy Policy

Data Collection: We collect information necessary to provide our services, including contact details and campaign data.

Data Protection: We implement industry-standard security measures to protect your data.

10. Termination

Termination Rights: TerraReach may terminate your access to all or any part of the services at any time if you breach these terms.

Effect of Termination: Upon termination, all rights granted to you under these terms will immediately cease.

11. Miscellaneous

Amendments: These terms may be updated from time to time. Continued use of the service following such changes constitutes your acceptance of the new terms.

Governing Law: These terms shall be governed by the laws of Sri Lanka, without regard to its conflict of law provisions.

Contact Information: For any questions about these terms, please contact us at support@terrareach.com

Last updated on 2024-01-22