These Terms and Conditions ("Agreement") govern the use of SMS Campaign Services provided by Studio Xcess ("Service Provider") in compliance with The Campaign Registry (TCR) guidelines in the United States. By using our services, you ("Client") agree to comply with these terms.

Definitions

Service Provider: Refers to Studio Xcess providing SMS campaign services.
Client: Any entity that subscribes to or uses the SMS services provided by the Service Provider.
TCR (The Campaign Registry): The official registry for registering SMS campaigns in the U.S. SMS: Short Message Service, including messages sent via short codes, long codes, and toll-free numbers. Opt-In Consent: Explicit agreement by a user to receive SMS messages from a business or organization. Opt-Out Mechanism: The ability for users to unsubscribe from receiving future SMS messages by replying with a keyword such as "STOP."

Eligibility and Registration

Client Eligibility:
The Client must comply with TCR regulations and relevant laws in the U.S., including the Telephone Consumer Protection Act (TCPA), Controlling the Assault of Non-Solicited Pornography and Marketing Act (CAN-SPAM Act), and other applicable privacy laws.

Campaign Registration:
The Client must register all campaigns with TCR before launching any SMS messaging activity. This includes providing accurate campaign details, business information, and purpose of the SMS campaign. Failure to register may result in penalties or service suspension.

Opt-In and Consent Requirements

Consent-Based Messaging:
The Client must ensure all recipients have provided explicit opt-in consent before sending any SMS messages. This consent must be documented and retrievable upon request. Opt-Out Mechanism:
All SMS messages sent by the Client must include an opt-out mechanism, such as the ability to reply “STOP.” The Client is responsible for honoring opt-out requests immediately and ceasing all further marketing communication to the opt-out recipients.

Prohibited Uses

Unsolicited Messages:
Sending unsolicited messages without proper opt-in consent is strictly prohibited. Fraudulent or Deceptive Messaging:
Clients must not use the SMS campaign services to send fraudulent, misleading, or deceptive messages. Any attempt to impersonate individuals, businesses, or brands without authorization is prohibited. Prohibited Content:
The Client must not send messages containing harmful, illegal, obscene, adult, or otherwise prohibited content, as defined by applicable U.S. laws and TCR guidelines.

Compliance with Legal and Regulatory Guidelines

TCR and U.S. Law Compliance:
The Client is responsible for ensuring compliance with TCR rules and all applicable U.S. federal, state, and local laws related to SMS campaigns, including privacy, consumer protection, and anti-spam regulations. Client Accountability:
The Client acknowledges that they are fully responsible for the content of the messages, the use of the service, and ensuring compliance with TCR and other governing regulations.

Data Privacy and Security

Data Collection:
The Service Provider will collect, use, and store client data, including personal information, in compliance with U.S. data protection and privacy laws. Client data will only be used for the purpose of facilitating SMS campaigns and improving service quality. Data Security:
The Service Provider will implement industry-standard security measures to protect the integrity and confidentiality of client data. The Client is responsible for securing any data they handle, transmit, or store.

Billing and Payment

Fees and Charges:
The Client agrees to pay all fees associated with the SMS campaign services, including any registration fees imposed by TCR. Payment terms will be outlined in a separate agreement or invoice provided by the Service Provider. Refund Policy:
Refunds for SMS services may be issued at the sole discretion of the Service Provider. Refunds will not be granted for campaigns that violate TCR guidelines or legal regulations.

Account Security and Management

Account Responsibility:
The Client is responsible for maintaining the confidentiality of their account information, including login credentials. Any unauthorized use of the Client’s account must be reported to the Service Provider immediately. Account Takeover Prevention:
The Service Provider will implement safeguards to prevent account takeovers, including multi-factor authentication (MFA) and monitoring suspicious activity. The Client agrees to use these security features and cooperate in case of an investigation.

Service Suspension or Termination

Violation of Terms:
The Service Provider reserves the right to suspend or terminate services if the Client is found to be in violation of these terms, TCR guidelines, or applicable laws. In such cases, the Client will be notified in writing. Service Disruption:
In the event of unforeseen disruptions (e.g., network failures or third-party service interruptions), the Service Provider will make reasonable efforts to restore services. The Client acknowledges that service disruptions may occur and that the Service Provider is not liable for any associated losses.

Limitation of Liability

No Warranties:
The Service Provider makes no warranties regarding the accuracy, completeness, or availability of the SMS campaign services. The services are provided "as is." Liability Cap:
The Service Provider’s liability for any claim arising from the use of the service is limited to the amount paid by the Client for the service within the 12 months preceding the event.

Indemnification

The Client agrees to indemnify and hold harmless the Service Provider, its employees, and affiliates from any claims, damages, losses, or liabilities arising from the Client’s use of the services, violation of these terms, or non-compliance with applicable laws.

Governing Law and Dispute Resolution

These Terms and Conditions will be governed by and construed in accordance with the laws of the United States. Any disputes arising from this Agreement will be resolved through arbitration in accordance with the American Arbitration Association's rules.

Modifications to Terms

The Service Provider reserves the right to modify these terms at any time. The Client will be notified of any significant changes, and continued use of the services constitutes acceptance of the updated terms.

Contact Information

For any questions or concerns regarding these Terms and Conditions, the Client can contact:

Studio Xcess
45333 Fremont Blvd, Ste # 5 Fremont, CA 94538.
Email: [email protected]
Phone: (866) 750-4033

By using our SMS Campaign Services, the Client acknowledges and agrees to the terms outlined in this Agreement.