1. Agreement to Terms
By accessing and using ISM Marketing's services, you agree to be bound by these Terms and Conditions. If you do not agree to these terms, please do not use our services.
2. Description of Services
ISM Marketing provides omnichannel communication and marketing solutions through various platforms including but not limited to WhatsApp, RCS, Telegram, Viber, and LINE. Our services enable businesses to:
- Send marketing and transactional messages to customers
- Automate customer communication workflows
- Manage multi-channel campaigns
- Access analytics and reporting tools
- Integrate with third-party systems via API
3. Account Registration
To use our services, you must:
- Provide accurate and complete registration information
- Maintain the security of your account credentials
- Be at least 18 years of age or the age of majority in your jurisdiction
- Have the legal authority to bind your organization to these terms
- Notify us immediately of any unauthorized access to your account
4. Acceptable Use Policy
You agree to use our services only for lawful purposes and in accordance with these terms. You must not:
- Send spam, unsolicited messages, or engage in any form of harassment
- Violate any applicable laws, regulations, or third-party rights
- Transmit malicious code, viruses, or harmful content
- Attempt to gain unauthorized access to our systems or networks
- Interfere with or disrupt the integrity or performance of our services
- Use our services to impersonate others or misrepresent your identity
- Collect or harvest personal information without proper consent
- Use automated systems to access our services without authorization
5. Compliance with Platform Policies
When using our services to communicate via third-party platforms (WhatsApp, Telegram, etc.), you must comply with:
- Each platform's terms of service and acceptable use policies
- Anti-spam regulations and opt-in/opt-out requirements
- Data protection and privacy laws applicable in your jurisdiction
- Industry-specific regulations relevant to your business
6. Data Protection and Privacy
We take data protection seriously and comply with applicable data protection laws. Our practices include:
- Processing customer data only as necessary to provide our services
- Implementing appropriate technical and organizational security measures
- Not selling or sharing customer data with third parties for marketing purposes
- Providing tools to help you comply with data protection requirements
- Maintaining data processing agreements as required by law
For more details, please refer to our Privacy Policy.
7. Payment Terms
Pricing and payment terms:
- Fees are based on your selected plan and usage volume
- Payment is due according to the billing cycle chosen (monthly or annual)
- All fees are non-refundable unless otherwise stated
- We reserve the right to modify pricing with 30 days' notice
- Failure to pay may result in suspension or termination of services
- You are responsible for all taxes associated with your use of our services
8. Service Level and Availability
We strive to maintain high service availability, but:
- We target 99.9% uptime but do not guarantee uninterrupted service
- Scheduled maintenance will be communicated in advance when possible
- We are not liable for service interruptions caused by third-party platforms
- Message delivery depends on third-party platform availability and policies
9. Intellectual Property Rights
All intellectual property rights in our services remain our property or that of our licensors:
- You may not copy, modify, or reverse engineer our software or systems
- We grant you a limited, non-exclusive license to use our services
- You retain ownership of your content and customer data
- You grant us a license to process your data as necessary to provide our services
10. Limitation of Liability
To the maximum extent permitted by law:
- We are not liable for indirect, incidental, or consequential damages
- Our total liability is limited to the fees paid by you in the past 12 months
- We are not responsible for third-party platform actions or policies
- You are responsible for backing up your data and content
11. Indemnification
You agree to indemnify and hold us harmless from any claims, damages, or expenses arising from:
- Your use of our services in violation of these terms
- Your violation of any laws or third-party rights
- Content you transmit using our services
- Unauthorized access to your account due to your failure to maintain security
12. Termination
Either party may terminate the agreement:
- You may cancel your account at any time through your account settings
- We may suspend or terminate your account for violation of these terms
- We may terminate with 30 days' notice for any reason
- Upon termination, your access to services will cease
- We will provide access to export your data for 30 days after termination
13. Modifications to Terms
We reserve the right to modify these terms:
- We will provide notice of material changes via email or service notification
- Continued use of services after changes constitutes acceptance
- You may terminate your account if you do not agree to the changes
14. API Usage and Integration
If you use our API services:
- You must comply with our API documentation and usage guidelines
- Rate limits and usage quotas apply as specified in your plan
- You are responsible for securing your API credentials
- We may modify or deprecate API endpoints with reasonable notice
15. Support and Maintenance
Support services are provided according to your service plan:
- Technical support is available via email and support portal
- Response times vary based on your support tier
- We provide documentation and self-service resources
- Premium support options are available for enterprise customers
16. Dispute Resolution
In the event of disputes:
- We encourage informal resolution through our support channels
- Disputes shall be governed by the laws of India
- Exclusive jurisdiction lies with courts in the appropriate jurisdiction
- You agree to resolve disputes individually, not as part of a class action
17. Force Majeure
We are not liable for failure to perform due to circumstances beyond our reasonable control, including:
- Natural disasters, war, or terrorism
- Government actions or regulations
- Internet service provider failures
- Third-party platform policy changes or outages
18. Entire Agreement
These terms, together with our Privacy Policy and any additional agreements, constitute the entire agreement between you and ISM Marketing regarding our services.
19. Contact Information
For questions about these Terms & Conditions, please contact us at:
- Email: info@ismmarketing.in
- Website: www.ismmarketing.in