Terms & Conditions

1. Acceptance of Terms

Welcome to the SMS messaging platform and related services (the "Services") provided by INNOVA ("INNOVA," "we," or "us").

By accessing our website (www.innovatec-dev.com), registering an account, or using any of our Services, you ("Customer" or "you") represent that you have read, understood, and agree to be bound by these Terms and Conditions (the "Terms"). If you do not agree with any part of these Terms, please do not register an account or use our Services.

If you are accepting these Terms on behalf of a business or other legal entity, you represent and warrant that you have full authority to bind such entity to these Terms.

2. Definitions

The following terms used in these Terms shall have the meanings set forth below:

• "Services" means the SMS messaging platform provided by INNOVA, including but not limited to message sending, brand verification, interactive cards, API interfaces, analytics, and other features.
• "Customer" means the enterprise, institution, or individual that registers for and uses our Services.
• "End User" means the mobile device user who receives SMS messages sent by the Customer through the platform.
• "Content" means the message text, rich media assets (images, videos, audio, etc.), templates, and interactive cards sent by the Customer through the Services.
• "API" means the application programming interface provided by us for integration between the Customer's systems and the platform.
• "Carrier" means the telecommunications carrier network providing SMS message transmission services.

3. Account Registration

3.1 Registration Requirements

To use our Services, you must complete account registration. When registering, you must ensure that:

• You are at least 18 years old and have full legal capacity (if an individual), or have obtained lawful authorization (if an enterprise).
• The registration information provided is true, accurate, and complete, and will be promptly updated in the event of any changes.
• You safeguard your account credentials (username, password, API Key) and do not transfer or lend your account to any third party.
• You are responsible for all activities under your account, including actions performed by authorized personnel.

3.2 Account Review

We reserve the right to review, approve, or reject account registration applications. Enterprise customers must submit valid business licenses, brand authorization certificates, and other qualification documents. We may require you to update qualification information during the term of service.

4. Service Description

We provide the following services:

• SMS Messaging: Send text messages to mobile devices in 200+ countries and regions worldwide.
• Brand Verification: Assist customers in completing carrier brand verification to obtain verified sender identity.
• Message Template Management: Provide a visual template editor supporting variable insertion and rich media content configuration.
• API Integration: Provide RESTful APIs and multi-language SDKs for customer system integration.
• Analytics: Provide data reports on delivery rates, open rates, interaction rates, and other metrics.
• Intelligent Fallback: When the target device does not support rich messaging, automatically fall back to standard SMS delivery.

Specific service features and billing plans are governed by the service agreement entered into between the parties or the plan you have selected.

5. Acceptable Use

When using the Services, Customers must comply with the following acceptable use policies:

5.1 Permitted Use

• Send lawful and compliant SMS messages to End Users who have provided lawful authorization or consent.
• Ensure that marketing messages are sent only after obtaining explicit consent (opt-in) from End Users and provide an unsubscribe option.
• Comply with the telecommunications regulations and carrier message-sending rules of the target countries/regions.

5.2 Prohibited Use

Customers may not engage in the following activities through the Services:

• Sending spam or harassing messages without the recipient's consent.
• Sending messages containing illegal, harmful, fraudulent, defamatory, or infringing content.
• Sending messages involving gambling, pornography, violence, terrorism, or other illegal or prohibited content.
• Impersonating or forging another party's brand identity to send messages.
• Sending phishing links, malware, or any form of cyberattack content.
• Actions violating the data protection and telecommunications laws of the target countries/regions.
• Reverse engineering, decompiling, or attempting to obtain the source code of the Services.
• Calling the API beyond normal ranges, affecting platform performance or other customers' usage.

If a Customer is found to have violated the above policies, we have the right to immediately suspend or terminate the Services and reserve the right to pursue legal liability.

6. Fees & Payment

6.1 Billing Methods

Service fees are calculated based on the service types and usage selected by the Customer. Specific billing methods include:

• Pay-as-you-go: Billed based on the actual number of SMS messages sent, with different rates for different message types (marketing/service/verification) and target countries.
• Subscription Plans: Select a fixed plan including a certain message volume allowance, with additional usage billed on a pay-as-you-go basis.
• Custom Plans: Large enterprise customers may contact sales for customized pricing.

6.2 Payment Terms

• Pay-as-you-go customers are billed monthly, with invoices generated at the beginning of each month and payment due within 15 days.
• Subscription plan customers must prepay before the plan takes effect.
• If payment is overdue, we have the right to suspend the Services and charge a late fee of 0.05% of the overdue amount per day.
• All fees are exclusive of taxes, and applicable taxes will be charged separately.

6.3 Refunds

For messages that failed to be delivered due to service quality issues, we will refund the corresponding fees based on the actual failure volume. Unused portions of prepaid plans may be refunded on a pro-rata basis if the refund conditions are met. Specific refund policies are governed by the service agreement.

7. Compliance Obligations

Customers are responsible for ensuring that their use of the Services complies with all applicable laws and regulations, including but not limited to:

• Telecommunications regulations and message-sending rules of the target countries/regions.
• The Personal Information Protection Law of the People's Republic of China (PIPL), the Data Security Law, and the Cybersecurity Law.
• The EU General Data Protection Regulation (GDPR), where processing personal data of EU residents is involved.
• Anti-spam laws and regulations of the target countries/regions (e.g., U.S. CAN-SPAM Act, EU ePrivacy Directive).
• SMS message-sending policies and content standards established by Carriers.

Customers must retain End User consent records (opt-in evidence) and provide them upon request by regulatory authorities or us. Legal liability arising from the Customer's breach of compliance obligations shall be borne solely by the Customer.

8. Data & Privacy

For information on how we collect, use, and protect personal information, please refer to our Privacy Policy. As the message sender, the Customer is the data controller of End User personal data (such as phone numbers) and is responsible for ensuring that its data processing activities are lawful and compliant.

As a data processor, we process message-sending-related personal data only in accordance with the Customer's instructions. Both parties should enter into a Data Processing Agreement (DPA) that clearly defines their respective data protection obligations.

9. Intellectual Property

9.1 Platform Intellectual Property

All intellectual property rights in the Services, platform, API, documentation, and all related technology (including but not limited to software, trademarks, patents, and designs) are owned by INNOVA or its licensors. The Customer only obtains a non-exclusive, non-transferable license to use the Services during the term of the service agreement.

9.2 Customer Content

Intellectual property rights in the Content sent by the Customer through the Services (message text, rich media assets, templates, etc.) belong to the Customer. The Customer grants us the necessary license to use, process, and transmit the Content for the purpose of providing the Services. The Customer warrants that the Content it sends does not infringe any third-party intellectual property rights.

9.3 Feedback

Any feedback, suggestions, or improvement ideas provided by the Customer to us may be freely used by us without payment or obligation.

10. Warranties & Disclaimers

10.1 Our Service Warranties

• We will provide the Services with reasonable skill and care.
• The platform targets 99.9% availability, and SLA compensation will be provided in accordance with the service agreement if monthly service interruption exceeds the agreed threshold.
• We will take reasonable security measures to protect Customer data.

10.2 Disclaimers

To the maximum extent permitted by law, we make no warranties or guarantees regarding:

• 100% message delivery rate (delivery rates are affected by factors such as carrier networks and target device support).
• Uninterrupted or error-free operation of the Services.
• The Services meeting the Customer's specific business needs.
• Content sent through the Services not being intercepted or disclosed by third parties.

The Services are provided on an "as is" and "as available" basis. We shall not be liable for any indirect, incidental, special, or consequential damages.

11. Limitation of Liability

To the maximum extent permitted by law, INNOVA's total liability for any claims arising from the Customer's use of the Services shall not exceed the total service fees actually paid by the Customer to us in the 3 months preceding the event giving rise to the claim.

The following are excluded from this limitation:

• Damages caused by our intentional misconduct or gross negligence.
• Damages caused by our breach of data protection obligations.
• Situations where liability limitation is expressly prohibited by law.

We shall not be liable for service interruptions or message sending failures caused by factors beyond our reasonable control, including carrier network failures, target device incompatibility with rich messaging, or force majeure.

12. Indemnification

The Customer agrees to indemnify and hold harmless INNOVA and its employees, directors, and agents from and against any claims, losses, damages, and expenses (including reasonable attorneys' fees) arising from:

• Content sent by the Customer through the Services that violates laws, regulations, or infringes third-party rights.
• The Customer's breach of these Terms or applicable laws and regulations.
• The Customer's failure to obtain necessary consent or authorization from End Users.
• The Customer's negligence or intentional misconduct.

13. Termination

13.1 Termination by Customer

The Customer may terminate the service agreement at any time by written notice. Termination for pay-as-you-go customers takes effect at the end of the current billing cycle. Termination for subscription plan customers takes effect upon expiration of the current plan.

13.2 Termination by Us

We may immediately suspend or terminate the Services in the following circumstances:

• The Customer materially breaches these Terms and fails to remedy the breach within 7 days of receiving notice.
• The Customer engages in illegal, fraudulent, or End User rights-infringing activities.
• The Customer fails to pay due fees for 3 consecutive months.
• The Customer becomes bankrupt, dissolved, or enters liquidation proceedings.
• Changes in laws, regulations, or Carrier policies make it impossible to continue providing the Services.

13.3 Post-Termination Obligations

Upon termination of the Services, we will handle Customer data in accordance with our data retention policy. The Customer should export any required data before termination. Termination shall not affect rights and obligations accrued prior to termination.

14. Changes to Terms

We reserve the right to modify these Terms at any time. For material modifications, we will notify the Customer at least 30 days in advance through website announcements or email. If the Customer does not agree with the modified terms, they should terminate the Services before they take effect. Continued use of the Services constitutes acceptance of the modified terms.

15. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the People's Republic of China. Any dispute arising from these Terms or the Services shall first be resolved through friendly negotiation between the parties. If negotiation fails, either party may file a lawsuit with the competent people's court in the place of INNOVA's registration.

If the laws of the Customer's country/region contain mandatory provisions applicable to these Terms, such mandatory provisions shall prevail.

16. Contact Us

If you have any questions regarding these Terms, please contact us through the following channels: