Terms of Service
Effective Date: November 1, 2024
Welcome to Deakins Cloud. By using our platform, you agree to these Terms of Service, which govern your access to and use of our services. Please read them carefully.
1. Acceptance of Terms
These Terms constitute a legally binding agreement between you and Deakins Cloud, concerning your access to and use of our services. We may update these Terms from time to time without notice. You can review the most current version of the Terms at any time on our website.
2. Services and Charges
Deakins Cloud provides users with access to bulk SMS services integrated with AI-driven analytics. Unless explicitly stated otherwise, any new features that augment or enhance the current services shall be subject to these Terms.
Charges for our services are outlined during the subscription process. SMS message fees are charged on a per-message basis. Each SMS consists of up to 160 characters when using the GSM alphabet. Messages exceeding this limit may be charged as multiple SMS messages. Special characters or non-GSM alphabets may reduce the character limit per SMS.
Upon successful payment, SMS credits are available instantly within your pre-pay account. Payments must be made through our accepted methods (e.g., Stripe). Failure to make timely payments may result in suspension or termination of your account.
Charges shall be incurred for each SMS submitted, whether or not such SMS is received by the intended recipient. In the event your account is compromised or subject to a security breach, you shall be liable for the charges incurred for all SMS submitted unless you can demonstrate that such compromise was due to Deakins Cloud’s fault.
All charges are exclusive of VAT, which shall be payable by you at the rate and in the manner prescribed by law.
3. User Registration
In consideration of your use of the service, you agree to provide true, accurate, current, and complete information about yourself, as prompted by the registration system. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the service.
4. User Obligations and Conduct
By using our platform, you agree to:
- Provide accurate, up-to-date information during account creation and use of services.
- Comply with all applicable laws and regulations, including those related to the sending of bulk SMS and communications data.
- Maintain the confidentiality of your account credentials and restrict access to your account.
You are responsible for all activity under your account. You must not use the service in any way that:
- Violates any applicable local, state, national, or international law.
- Involves sending unsolicited bulk messages (spam) in violation of applicable regulations.
- Transmits harmful, fraudulent, or illegal content.
- Attempts to interfere with or disrupt the platform’s services, including hacking or overloading the system.
- Harasses, abuses, or threatens other users.
- Infringes upon the rights of others, including intellectual property rights.
Violations of these terms may result in suspension or termination of your account.
5. Acceptable Use
Users must not engage in any activity that could harm the integrity of Deakins Cloud’s platform, including but not limited to:
- Sending unsolicited bulk messages (spam) in violation of applicable regulations.
- Using the service to transmit harmful, fraudulent, or illegal content.
- Attempting to interfere with or disrupt the platform’s services, including hacking or overloading the system.
- Engaging in activities that could harm minors in any way.
- Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity.
We reserve the right to monitor content for compliance and remove any content that violates these Terms or is otherwise objectionable.
6. Payment Terms
Services provided by Deakins Cloud may be subject to fees, as outlined during the subscription process. Payments must be made through our accepted methods (e.g., Stripe). Failure to make timely payments may result in suspension or termination of your account.
Any SMS credits purchased by you are non-refundable. Promotional SMS credits shall expire 30 days after they are credited to your account.
We reserve the right to charge interest on overdue invoices at the rate of 3% per year above the base rate of the Bank of England, calculated from the date when payment becomes due up to and including the date of actual payment.
7. Data Privacy
We respect your privacy and handle your personal data in accordance with our Privacy Policy. You are responsible for ensuring that any personal data you submit is accurate and up-to-date.
We will never resell your stored data. Your personal details, uploaded contact information, and captured mobile numbers will be kept safe on our secure servers. Data is held on behalf of our clients and partners and is never used for anything other than its intended purpose.
Our data centres comply with stringent security requirements and are accredited to the PCI DSS, ISO 27001, and SAS70 standards, ensuring that your data is secured by the best processes and technologies.
8. Intellectual Property Rights
All content, including software, text, images, and designs, provided by Deakins Cloud is the property of Deakins Cloud or its licensors. You are granted a limited, non-exclusive, and revocable license to use the services, but you must not copy, reproduce, or distribute any of the content without permission.
You agree not to reproduce, duplicate, copy, sell, or exploit, for any commercial purposes, any portion of the service, use of the service, or access to the service unless express written permission has been granted by Deakins Cloud.
9. Limitation of Liability
Deakins Cloud will not be held liable for any direct or indirect damages, including but not limited to data loss, service interruptions, or business losses, arising from the use of the platform. Our liability is limited to the fees paid by you for the service in the preceding 12 months.
We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
10. Indemnification
You agree to indemnify and hold Deakins Cloud and its subsidiaries, affiliates, officers, agents, co-branders, partners, and employees harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of content you submit, post, transmit, or make available through the service, your use of the service, your connection to the service, your violation of these Terms, or your violation of any rights of another.
11. Termination of Services
We reserve the right to terminate or suspend your access to Deakins Cloud at any time for breach of these terms, illegal activity, or for any other reason that may negatively impact the platform or its users. Any termination of your access to the service under any provision of these Terms may be effected without prior notice.
12. Modifications to Service
Deakins Cloud reserves the right to modify or discontinue, temporarily or permanently, the service (or any part thereof) with or without notice. You agree that Deakins Cloud shall not be liable to you or any third party for any modification, suspension, or discontinuance of the service. This includes assigned mobile telephone numbers and keywords.
13. Governing Law
These Terms of Service are governed by and construed in accordance with the laws of England and Wales. Any disputes related to these terms will be resolved in the courts of England.
14. Amendments
We may modify these Terms of Service at any time. The updated terms will be posted on our website, and by continuing to use the platform, you agree to the revised terms. You are encouraged to check our website frequently and acquaint yourself with any changes or amendments.
15. Contact Us
If you have any questions or concerns regarding these Terms of Service, please contact us at:
Email: support@deakins.cloud