User Terms
Terms and Conditions for Using PelicanPromote
Last Updated: 2024/2025
Please read these Terms and Conditions ("Terms") carefully before using PelicanPromote(the "Service"). By using or accessing the Service, you agree to be bound by these Terms. If you do not agree to these Terms, do not use the Service.
1. Acceptance of Terms
By registering as a vendor or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms, as well as any policies or guidelines that may be associated with the Service.
2. Service Description
The Service is a marketing platform designed to send promotional messages via WhatsApp. The Service allows you to engage in direct marketing campaigns to customers or clients through the WhatsApp messaging platform. You acknowledge that the Service is not affiliated with WhatsApp Inc., and the use of WhatsApp is governed by its own terms and conditions.
3. Eligibility
You must be at least 18 years of age to use this Service. By registering, you warrant that you have the legal capacity to enter into a binding contract. If you are registering on behalf of a company, you represent and warrant that you have the authority to bind the company to these Terms.
4. Vendor Obligations
As a vendor using the Service, you agree to:
Provide accurate and current information during the registration process.
Comply with all applicable laws, including those governing privacy, consumer rights, and electronic communication (e.g., GDPR, CAN-SPAM Act).
Obtain proper consent from recipients before sending WhatsApp messages through the Service.
Refrain from sending unsolicited messages (SPAM) or engaging in any prohibited marketing practices.
Assume responsibility for the content of your messages, including ensuring that they are not false, misleading, defamatory, offensive, or harmful.
5. Data Privacy and Security
Your privacy is important to us. We collect and process personal data in accordance with our Privacy Policy. You agree that any data collected through the Service will be used for the purpose of providing the Service and improving your marketing efforts. You are responsible for protecting the confidentiality of any access credentials to your account.
6. Prohibited Activities
You agree not to:
Use the Service to send unlawful, abusive, obscene, or harmful content.
Use automated means (bots, scripts) to access or use the Service without our express permission.
Use the Service for any purpose that violates any applicable laws or regulations.
Impersonate any individual or entity or misrepresent your affiliation with any individual or entity.
7. Compliance with WhatsApp Policies
Since this Service uses WhatsApp for messaging, you agree to comply with WhatsApp’s terms and conditions, including their policies on acceptable use, messaging rates, and restricted activities. Failure to comply with these policies may result in the suspension or termination of your account.
8. Fees and Payments
You agree to pay all applicable fees for the use of the Service. These fees may vary based on your subscription plan, usage rates, or other factors. All payments are non-refundable unless otherwise specified.
9. Termination
We reserve the right to terminate or suspend your account at any time, without prior notice, for any violation of these Terms or any other reason at our sole discretion. Upon termination, you will no longer have access to the Service, and any data associated with your account may be deleted.
10. Limitation of Liability
To the fullest extent permitted by law,PelicanPromote shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of your use of the Service. This includes, but is not limited to, damages for lost profits, data loss, or business interruption.
11. Indemnification
You agree to indemnify and hold harmless PelicanPromote, its affiliates, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising from your use of the Service, violation of these Terms, or violation of any third-party rights.
12. Changes to the Terms
We reserve the right to modify these Terms at any time. Changes will be effective upon posting on our website or notifying you through other means. Your continued use of the Service after the changes will constitute your acceptance of the revised Terms.
13. Governing Law
These Terms shall be governed by and construed in accordance with the laws of Austria Any disputes arising under these Terms will be subject to the exclusive jurisdiction of the courts in Austria.
14. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable, the remaining provisions will continue in full force and effect.
15. Contact Information
If you have any questions or concerns about these Terms, please contact us at:
PelicanPromote
stevanvlajic.business@gmail.com
+43 6604669179