Vendor Terms

Vendor Terms and Conditions for PelicanPromote Last Updated: [Date] These Vendor Terms and Conditions (“Terms”) govern your access to and use of the services provided by PelicanPromote (the "Service"). By registering as a vendor and using the Service, you agree to comply wth and be bound by these Terms. Please read them carefully. If you do not agree to these Terms, you should not register or use the Service. 1. Vendor Registration and Acceptance By registering as a vendor, you represent and warrant that: You are at least 18 years old and have the legal authority to enter into these Terms. If registering on behalf of a company or organization, you have the authority to bind that entity to these Terms. All information provided during registration is true, accurate, and up-to-date. You agree that your registration is subject to acceptance by PelicanPromote, and that we reserve the right to refuse registration or suspend your account for any reason, at our discretion. 2. Service Description The Service allows vendors to send marketing messages to their customers via the WhatsApp messaging platform. As a vendor, you may create and manage marketing campaigns through our platform. This Service is independent of WhatsApp Inc., and you acknowledge that the use of WhatsApp is governed by its own terms and conditions. 3. Vendor Responsibilities By using the Service, you agree to: Comply with all applicable laws and regulations, including but not limited to data protection, privacy, and consumer protection laws. Ensure that all recipients have provided proper consent before sending them any WhatsApp messages. Refrain from sending unsolicited messages (SPAM), misleading content, or harmful material. Be responsible for the accuracy, legality, and appropriateness of the content of all messages sent through the Service. Not use the Service to send messages containing illegal content, offensive material, or anything that may harm the reputation of [Marketing WhatsApp Messaging App] or any third party. 4. WhatsApp Policies Since our Service uses WhatsApp for messaging, you are required to comply with WhatsApp's terms and policies, including but not limited to: WhatsApp Business Policy: Follow all guidelines for using WhatsApp Business for marketing and messaging purposes. Prohibited Content: Do not use WhatsApp to send messages containing prohibited content, including but not limited to illegal, harmful, or misleading information. Opt-Out Management: Provide a clear mechanism for users to opt out of receiving messages and ensure that all opt-out requests are honored immediately. Failure to comply with these policies may result in suspension or termination of your access to the Service. 5. Fees and Payments Subscription Fees: You agree to pay any subscription fees associated with the Service, as outlined during registration. Payment Terms: All payments are due as per the terms provided in your subscription agreement. You agree that failure to pay on time may result in suspension or termination of your access to the Service. Refund Policy: Fees paid are non-refundable unless explicitly stated otherwise. 6. Data Privacy and Protection We take data privacy seriously. By using the Service, you acknowledge that we collect and process data in accordance with our [Privacy Policy]. You are responsible for ensuring that all data you upload or use through the Service complies with applicable data protection laws, including but not limited to the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). You must not share sensitive personal data through the Service without proper consent from the data subjects. 7. Intellectual Property All intellectual property rights, including trademarks, service marks, logos, and any other proprietary content associated with the Service, belong to [Marketing WhatsApp Messaging App] or its licensors. You are granted a limited, non-exclusive, and revocable license to use the Service for its intended purpose. You may not use, copy, modify, or distribute any part of the Service without our express written permission. 8. Vendor Content You retain ownership of the content (messages, campaigns) you create and send via the Service. However, by using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and distribute your content for the purposes of operating the Service. You warrant that you have the necessary rights and permissions to use the content you submit and that it does not infringe upon the rights of any third party. 9. Termination We reserve the right to terminate or suspend your access to the Service for any of the following reasons: Violation of these Terms or applicable laws. Misuse of the Service or sending unsolicited messages (SPAM). Failure to pay any applicable fees. Any other reason at our discretion. Upon termination, you will no longer have access to the Service, and any data related to your account may be deleted. 10. Limitation of Liability To the fullest extent permitted by law, PelicanPromote and its affiliates, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use of the Service. This includes, but is not limited to, loss of profits, data, or business opportunities. 11. Indemnification You agree to indemnify and hold harmless PelicanPromote, its affiliates, and employees from any claims, liabilities, damages, costs, and expenses (including reasonable attorney’s fees) arising from your use of the Service, breach of these Terms, or violation of any third-party rights. 12. Changes to the Terms We may update these Terms at any time. You will be notified of any significant changes, and continued use of the Service after such notification will constitute your acceptance of the revised Terms. 13. Governing Law and Dispute Resolution These Terms shall be governed by and construed in accordance with the laws of Austria. Any disputes arising from or in connection with these Terms shall be resolved in the courts of Austria. 14. Miscellaneous Severability: If any provision of these Terms is found to be unlawful or unenforceable, the remaining provisions will remain in effect. Entire Agreement: These Terms, along with any applicable subscription agreements and our Privacy Policy, constitute the entire agreement between you and PelicanPromote. 15. Contact Information If you have any questions or concerns about these Terms, please contact us at: PelicanPromote stevanvlajic.business@gmail.com +43 6604669179