Terms of Service
Last updated: March 1, 2025
1. Acceptance of Terms
By accessing or using MercurySend's services, you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using our services.
2. Description of Service
MercurySend provides a business-to-business SMS messaging platform that allows users to send, receive, and manage text messages through our web application, API, and email gateway. Our services include message delivery, contact management, analytics, and related tools.
3. Account Registration
You must register for an account to use our services. You agree to provide accurate, current, and complete information during registration. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
4. Acceptable Use
You agree not to use our services for spam, unsolicited messages, harassment, illegal activities, or any purpose that violates applicable telecommunications laws including the TCPA, CAN-SPAM Act, and CASL. All messages must comply with opt-in requirements and include proper opt-out mechanisms.
5. Messaging Compliance
You are solely responsible for obtaining proper consent from recipients before sending messages. You must maintain records of consent and honor all opt-out requests within 24 hours. MercurySend reserves the right to suspend accounts that violate messaging compliance standards.
6. Pricing and Payment
Fees are based on your selected plan and usage. We reserve the right to modify pricing with 30 days' notice. All fees are non-refundable except as required by law. Overages beyond your plan's message limit will be billed at the rate specified in your plan details.
7. Service Level Agreement
MercurySend strives for 99.9% uptime for our messaging infrastructure. In the event of service disruptions exceeding this threshold, eligible customers may request service credits as outlined in our SLA documentation available on our website.
8. Data and Privacy
Your use of our services is also governed by our Privacy Policy. We process message data solely for delivery purposes and do not sell personal information. Contact data you upload remains your property.
9. Limitation of Liability
MercurySend's liability is limited to the fees you paid in the 12 months preceding any claim. We are not liable for indirect, incidental, special, or consequential damages, including lost profits or data loss, arising from your use of our services.
10. Termination
Either party may terminate this agreement at any time. Upon termination, your right to use the services ceases immediately. We will retain your data for 30 days post-termination, after which it will be permanently deleted.
11. Changes to Terms
We may modify these terms at any time. Material changes will be communicated via email or in-app notification at least 30 days before taking effect. Continued use of our services after changes take effect constitutes acceptance of the modified terms.
Questions about these terms? Contact us and our team will be happy to help.