Terms of Service

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and Momendia LLC, doing business as Momendia Group ("Company," "we," "us," or "our") regarding your use of our 10DLC SMS marketing and business messaging services.

By using our services, creating an account, or executing a service agreement, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use our services.

2. Description of Services

Momendia Group provides 10DLC SMS messaging and business communication services, including:

• Brand and campaign registration with The Campaign Registry
• 10DLC messaging route provisioning and management
• SMS campaign delivery and analytics
• Compliance management and monitoring
• Customer support and account management
• Related consulting and technical services

We reserve the right to modify, suspend, or discontinue any aspect of our services at any time with reasonable notice.

3. Account Registration and Eligibility

3.1 Eligibility

To use our services, you must:

• Be at least 18 years old and have legal capacity to enter contracts
• Represent a legitimate business entity
• Provide accurate and complete registration information
• Comply with all applicable laws and regulations
• Not be located in a country subject to U.S. embargo

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Keeping your account information current and accurate

4. Acceptable Use Policy

4.1 Permitted Uses

You may use our services only for legitimate business communications, including:

• Transactional messages (confirmations, alerts, notifications)
• Customer service and support communications
• Marketing messages with proper consent
• Appointment reminders and scheduling
• Account and billing notifications

4.2 Prohibited Uses

You may NOT use our services to send:

• Spam, unsolicited messages, or messages without proper consent
• Illegal, fraudulent, or deceptive content
• Threatening, harassing, or abusive messages
• Adult content or sexually explicit material
• Content promoting illegal activities or substances
• Phishing attempts or malware
• Messages that violate carrier guidelines or regulations
• High-risk content (loans, debt collection, cannabis, etc.) without pre-approval

5. Compliance Requirements

5.1 TCPA Compliance

You must comply with the Telephone Consumer Protection Act (TCPA), including:

• Obtaining express written consent before sending marketing messages
• Maintaining consent records for at least 4 years
• Providing clear opt-out instructions in every message
• Processing opt-out requests within 24 hours
• Including sender identification in all messages

5.2 Other Regulatory Compliance

You must also comply with:

• CAN-SPAM Act requirements
• State and federal privacy laws
• Industry-specific regulations (HIPAA, GLBA, etc.)
• Carrier guidelines and best practices
• International regulations if applicable

6. Payment Terms

6.1 Fees and Billing

• Service fees are charged monthly in advance
• Message fees are charged based on actual usage
• Setup and registration fees are due upon service activation
• All fees are non-refundable unless otherwise specified
• Pricing is subject to change with 30 days notice

6.2 Payment Methods

We accept major credit cards and ACH transfers. Automatic billing is required for ongoing services.

6.3 Late Payments

Unpaid invoices may result in service suspension after 10 days. We may charge a late fee of 1.5% per month on overdue amounts.

7. Service Level Agreement

7.1 Uptime Commitment

We strive to maintain 99.9% uptime for our messaging services, excluding scheduled maintenance and force majeure events.

7.2 Message Delivery

While we work to ensure high delivery rates, we cannot guarantee delivery of every message due to factors outside our control, including:

• Carrier filtering and blocking
• Invalid or disconnected numbers
• Device limitations or network issues
• Recipient opt-out or do-not-call status

8. Data and Privacy

8.1 Data Ownership

You retain ownership of your customer data and message content. We do not claim ownership of your data.

8.2 Data Use

We may use aggregated, non-personal data for service improvement and analytics purposes.

8.3 Data Security

We implement reasonable security measures to protect your data, but cannot guarantee absolute security.

9. Intellectual Property

9.1 Our Intellectual Property

Our services, software, and related materials are protected by intellectual property laws. You may not copy, modify, or reverse engineer our systems.

9.2 Your Content

You grant us a limited license to use your content solely for providing our services and ensuring compliance.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

10.1 Disclaimer

Our services are provided "as is" without warranties of any kind, express or implied.

10.2 Limitation of Damages

Our total liability to you for any claim shall not exceed the amount paid by you for services in the 12 months preceding the claim.

10.3 Exclusion of Damages

We shall not be liable for indirect, incidental, special, consequential, or punitive damages.

11. Indemnification

You agree to indemnify and hold harmless Momendia Group from any claims, damages, or costs arising from:

• Your use of our services
• Your violation of these Terms
• Your violation of applicable laws or regulations
• Content you send through our services
• Claims by recipients of your messages

12. Termination

12.1 Termination by You

You may terminate your account at any time with 30 days written notice. You remain liable for all charges incurred before termination.

12.2 Termination by Us

We may terminate or suspend your account immediately for:

• Violation of these Terms
• Non-payment of fees
• Illegal or harmful use of our services
• Damage to our reputation or operations

12.3 Effect of Termination

Upon termination:

• Your access to services will cease
• Outstanding fees become immediately due
• We may delete your data after 30 days
• Accrued rights and obligations survive termination

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by the laws of Delaware, without regard to conflict of law principles.

13.2 Arbitration

Any disputes shall be resolved through binding arbitration under the rules of the American Arbitration Association, except for claims seeking injunctive relief.

13.3 Class Action Waiver

You agree not to participate in class action lawsuits or class-wide arbitration against us.

14. General Provisions

14.1 Modification

We may update these Terms at any time. Material changes will be communicated with at least 30 days notice.

14.2 Severability

If any provision of these Terms is found invalid, the remaining provisions shall continue in effect.

14.3 Force Majeure

We are not liable for delays or failures due to circumstances beyond our reasonable control.

14.4 Assignment

We may assign these Terms without notice. You may not assign your obligations without our written consent.

15. Contact Information

For questions about these Terms, contact us: