1. Acceptance
By creating an account, accessing, or using the Services, you agree to be bound by these Terms and our Privacy Policy. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have authority to bind that entity.
2. Accounts
- You must provide accurate, current, and complete account information.
- You are responsible for maintaining the confidentiality of your credentials and API keys.
- You must promptly notify us of any unauthorized access to your account.
- You must be at least 18 years old to use the Services.
3. Subscriptions & Billing
Paid plans renew automatically until cancelled. Fees are billed in advance and are non-refundable except as required by law. Usage-based charges (e.g., MAU overages, additional message volume) are billed in arrears. Taxes are your responsibility unless we are legally required to collect them.
We may change pricing for renewal terms with at least 30 days’ notice. Failure to pay may result in suspension or termination of the Services.
4. Permitted Use
You agree not to:
- Use the Services to send unlawful, deceptive, or harassing communications.
- Send messages to recipients without all required consents (including under TCPA, CAN-SPAM, CASL, GDPR, and similar laws).
- Reverse engineer, decompile, or attempt to derive the source code of the Services, except as expressly permitted by law.
- Bypass, disable, or interfere with security or rate-limiting features.
- Use the Services to build a competing product.
- Resell or sublicense the Services without our written consent.
5. Customer Data
You retain all rights, title, and interest in the data you submit to the Services (“Customer Data”). You grant Journiq a worldwide, non-exclusive license to host, process, transmit, and display Customer Data solely as needed to provide the Services. You are responsible for the accuracy, legality, and quality of Customer Data, and for obtaining all necessary consents from your end users.
6. Intellectual Property
The Services, including all software, documentation, trademarks, and related materials, are the exclusive property of Journiq and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services during the term of your subscription, in accordance with these Terms.
7. Beta Features
We may offer features or services labeled “beta,” “preview,” or “experimental.” These are provided as-is, may change or be discontinued at any time, and are excluded from any service-level commitments.
8. Third-Party Services
The Services may interoperate with third-party services (for example, Firebase Cloud Messaging, Apple Push Notification service, SMS gateways, OAuth providers). Your use of those services is governed by their own terms; we are not responsible for them.
9. Warranties
The Services are provided on an “as is” and “as available” basis. Except as expressly set forth in a separately executed agreement, Journiq disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement.
10. Limitation of Liability
To the maximum extent permitted by law, Journiq’s aggregate liability arising out of or relating to these Terms or the Services will not exceed the amounts you paid Journiq in the twelve (12) months preceding the event giving rise to the claim. Neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, or data.
11. Indemnification
You will defend, indemnify, and hold harmless Journiq from and against any third-party claims arising from (a) your Customer Data, (b) your use of the Services in violation of these Terms or applicable law, or (c) messages you send through the Services.
12. Termination
Either party may terminate these Terms for material breach if the breach is not cured within 30 days of notice. We may suspend the Services immediately if your use poses a security risk or violates applicable law. Upon termination, your right to use the Services ends and we will delete Customer Data in accordance with our Privacy Policy.
13. Governing Law
These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules. Disputes will be resolved exclusively in the state or federal courts located in San Francisco, California, and the parties consent to personal jurisdiction there.
14. Changes
We may revise these Terms from time to time. We will notify account administrators of material changes at least 30 days before they take effect. Continued use of the Services after the effective date constitutes acceptance.
15. Contact
Questions about these Terms can be sent to legal@getjourniq.com.