Terms and Conditions

MJM TRADERS offers a variety of VOIP EMAIL and SMS marketing services, including but not limited to:

• Sending marketing VOIP EMAIL and SMS messages on behalf of customers.

• Collecting and managing contact lists for marketing purposes.

• Tracking and reporting on campaign performance, including metrics such as open rates, click-through rates, and engagement.

• Assisting in designing and creating EMAIL and SMS marketing campaigns.

1. Eligibility

By using our services, you represent and warrant that:

• You are at least 18 years of age or the age of majority in your jurisdiction.

• You have the legal right to enter into this Agreement and use our services.

• You will comply with all applicable laws and regulations in connection with the use of our services, including, but not limited to, data protection laws and regulations.

2. Customer Responsibilities

You agree to the following responsibilities while using our services:

• Accurate Information: You will provide accurate, current, and complete information during registration and maintain this information throughout your use of our services.

• Opt-In Contacts: You will ensure that all contacts on your EMAIL and SMS marketing lists have opted in to receive communications from you. You are responsible for obtaining consent from recipients to send marketing communications.

• Compliance with Laws: You agree to comply with all applicable laws, including the CAN-SPAM Act, the Telephone Consumer Protection Act (TCPA), the General Data Protection Regulation (GDPR), the California Consumer Privacy Act (CCPA), and any other relevant regulations.

• Use of Content: You are responsible for the content of all marketing materials you send, including email and SMS/EMAIL messages. You agree not to use our services to send unlawful, harmful, defamatory, fraudulent, or obscene content.

3. Prohibited Content and Activities

You may not use our services to:

• Send spam or unsolicited messages to individuals who have not opted in to receive communications.

• Violate any applicable laws, including anti-spam laws or privacy laws.

• Impersonate any person or entity, or mislead recipients regarding the origin of your messages.

• Distribute viruses, malware, or any other harmful software.

• Engage in any fraudulent activity or misuse our services for deceptive purposes.

4. Subscription and Billing

• Subscription Plans: You agree to pay for our services according to the subscription plan you choose. The pricing for each plan is specified on our website and may be subject to change at our discretion.

• Billing and Payments: By providing your payment information, you authorize us to charge your account for the services provided. We accept payments via Major Cards. You agree to pay all fees in a timely manner.

• Late Payments: Failure to pay any outstanding fees may result in the suspension or termination of your account and services.

5. Data Protection and Privacy

We are committed to protecting your privacy and the personal information of your customers. Please refer to our [Privacy Policy] for information about how we collect, use, and protect your data and the data of your customers.

6. Account Suspension and Termination

We reserve the right to suspend or terminate your account if:

• You violate any of these Terms and Conditions.

• We receive a complaint or request for removal of content that violates applicable laws.

• We suspect fraudulent activity or misuse of our services.

• You fail to pay outstanding fees.

In the event of account termination, your access to our services will be suspended, and any unpaid fees will remain due.

7. Intellectual Property

• Our Content: We retain all rights, title, and interest in the materials, tools, and content provided as part of our services, including templates, branding elements, and software.

• Your Content: You retain ownership of the content you upload and send through our services. By using our services, you grant us a non-exclusive, worldwide, royalty-free license to use, host, and distribute your content solely for the purpose of delivering our services.

8. Limitation of Liability

To the fullest extent permitted by law, MJM TRADERS is not liable for any direct, indirect, incidental, special, or consequential damages resulting from the use or inability to use our services, even if we have been advised of the possibility of such damages. We make no representations or warranties regarding the reliability, availability, or accuracy of our services.

9. Indemnification

You agree to indemnify, defend, and hold harmless MJM TRADERS, its affiliates, employees, and agents from and against any claims, losses, damages, liabilities, and expenses (including legal fees) arising out of:

• Your use of our services in violation of these Terms and Conditions.

• Your content or marketing materials sent via our services.

• Any violation of applicable laws or third-party rights.

10. Amendments to These Terms

We reserve the right to modify these Terms and Conditions at any time. Any changes will be posted on our website, and the updated version will take effect immediately upon posting. It is your responsibility to review these terms periodically.

11. Governing Law and Dispute Resolution

These Terms and Conditions shall be governed by and construed in accordance with the laws of [Insert Jurisdiction]. Any dispute arising out of or related to these Terms shall be resolved through [arbitration/mediation] in [Insert Jurisdiction], and both parties agree to submit to the exclusive jurisdiction of the courts in [Insert Jurisdiction] for any claims that cannot be resolved through arbitration.

12. Miscellaneous

• Entire Agreement: This Agreement constitutes the entire understanding between you and MJM TRADERS regarding the use of our services and supersedes all prior agreements or understandings, whether written or oral.

• Severability: If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions shall remain in full effect.

• Force Majeure: We are not liable for any failure to perform due to circumstances beyond our control, including but not limited to natural disasters, technological failures, or governmental actions.