IMPORTANT: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES PROVIDED BY TELCA.COM. BY ACCESSING OR USING OUR SERVICES, YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE LEGALLY BOUND BY THESE TERMS. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL USE OF OUR SERVICES.
Telca.com ("Telca," "we," "our," or "us") provides a software-as-a-service platform designed to facilitate SMS-based marketing, notifications, and transactional communication. We do not offer strategic marketing consultation, list brokering, campaign design, or creative services. All platform usage is subject to these Terms and the applicable Service Agreement.
Users are solely and fully responsible for ensuring compliance with all local, state, federal, and international laws, including but not limited to:
Telca shall bear no liability for any acts or omissions by Users resulting in noncompliance, including regulatory fines or litigation.
Before initiating any outbound messaging, Users must obtain prior express written consent from all recipients in accordance with applicable law. Clear disclosure must identify:
Failure to provide consent or mandated disclosures may result in immediate termination of services and legal liability borne exclusively by the User.
Each message sent via Telca must contain a conspicuous and functional opt-out method. Users are required to honor opt-out requests within ten (10) business days, and may not resume communication unless re-opt-in occurs. Telca reserves the right to suspend any account failing to meet opt-out compliance obligations.
Users are responsible for implementing commercially reasonable data protection measures to ensure the security and integrity of customer data. In the event of a data breach or unauthorized access, Users must notify Telca without undue delay. Telca disclaims any liability for breaches arising from user negligence, including inadequate storage, access control, or encryption protocols.
By utilizing Telca services, Users agree to indemnify, defend, and hold harmless Telca, its affiliates, officers, directors, employees, agents, and contractors from and against any claims, damages, liabilities, fines, losses, or costs (including reasonable attorneys’ fees) arising from:
Telca reserves the right to suspend or terminate any account or access to services at any time, with or without notice, in response to a violation of these Terms or any applicable law, or if continued use may expose Telca to legal risk.
Telca may revise these Terms and Conditions at any time by posting updated terms on our website. Your continued use of the Services constitutes acceptance of the revised Terms. Users are encouraged to review this page periodically for updates.
All disputes must be resolved on an individual basis. Users expressly waive the right to bring claims as a plaintiff or class member in any purported class or representative proceeding, including class arbitration or private attorney general actions.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, TELCA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, GOODWILL, OR DATA, ARISING FROM THE USE OF OR INABILITY TO USE THE SERVICES. TELCA’S TOTAL LIABILITY UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY USER TO TELCA IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM.