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TERMS OF SERVICE
Welcome to Rekeep. These Terms of Service ("Terms") govern your access to and use of the Rekeep platform ("Service"), operated by FOP Zandhaim Vladyslav Edvardovych ("we," "us," or "our"), a registered individual entrepreneur in Ukraine.
By creating an account or using the Service, you agree to be bound by these Terms and our associated policies:
1. Eligibility and Business Status
Rekeep is a professional B2B (business-to-business) tool. The Service is intended strictly for commercial and professional use. By registering an account, you represent and warrant that:
- You are using the Service for business or professional purposes and not as a personal consumer.
- You have provided a valid business name (where applicable) during registration.
- You have the legal authority to bind your business to these Terms.
2. Description of Service
Rekeep provides a cloud-based CRM and automated SMS reminder system. The Service allows businesses to manage client contact information, interaction history, and schedule automated notifications.
3. Subscriptions, Add-ons, and Payments
- Billing: We use Paddle as our Merchant of Record. Paddle is responsible for all billing, tax collection (including VAT), and payment processing.
- Monthly Subscriptions: Fees are billed in advance. Each tier includes a specific quota of SMS messages.
- SMS Add-ons: You may purchase additional SMS packages if you exceed your monthly quota. Add-ons are consumed only after your base plan quota is exhausted.
- No Refunds: All sales are final. Because Rekeep provides a B2B service and incurs immediate third-party telecommunication costs for routing messages, we do not offer refunds for subscription fees or SMS add-ons, regardless of usage.
4. SMS Delivery Disclaimer
Rekeep uses third-party telecommunication providers to route and deliver SMS messages. While we strive for high deliverability, we cannot guarantee that every message will be successfully delivered. Delivery is ultimately controlled by the recipient’s mobile network operator. Rekeep is not liable for delayed, dropped, or filtered messages (including messages blocked by carrier spam filters). Such delivery failures do not entitle you to a refund or credit.
5. Strict Anti-Spam Policy & Content Moderation
You are strictly prohibited from using Rekeep to send unsolicited messages (Spam).
- Consent: You must have documented, explicit "opt-in" consent from every recipient before sending them an SMS.
- Prohibited Lists: You may not upload or use purchased, rented, or scraped phone number lists.
- Content Moderation & Manual Review: To protect our network reputation and ensure compliance with carrier guidelines, we reserve the right to manually or automatically review the content of your SMS templates and outgoing messages. We may delay, reject, or block any message content that we, at our sole discretion, deem inappropriate, deceptive, or in violation of our Anti-Spam policy, without notice or refund.
- Compliance: You are solely responsible for ensuring your communications comply with the GDPR, the ePrivacy Directive, and local laws in the recipient’s jurisdiction.
6. Indemnification & Liability
You assume all legal and financial responsibility for the data you store and the messages you send.
You agree to indemnify and hold
FOP Zandhaim Vladyslav Edvardovych
harmless from any claims, losses, or regulatory fines (including GDPR penalties) arising from your misuse of the Service, your failure to obtain proper recipient consent, or your violation of any third-party rights.
7. Limitation of Liability
To the maximum extent permitted by law, Rekeep shall not be liable for any indirect, incidental, or consequential damages. Our total liability for any claim shall not exceed the total amount you paid for the Service during the 12 months preceding the claim.
8. Data Processing and Retention
- Role: You are the Data Controller and Rekeep is the Data Processor for your clients' personal data.
- Retention: If your subscription is canceled or remains unpaid for more than 60 days, we reserve the right to permanently delete your account and all associated client data to comply with data minimization principles.
9. Termination
We reserve the right to suspend or terminate your access immediately, without notice or refund, if we suspect a violation of our Anti-Spam policy or if your actions jeopardize our reputation with telecommunication carriers.
10. Governing Law
These Terms are governed by the laws of Ukraine. Any disputes arising from these Terms shall be resolved in the competent courts of Ukraine.
11. Contact
For any inquiries regarding these Terms, please contact us at:
Email:
[email protected]
Address:
vul. Horishnia Brama 118, Drohobych, Lviv 82-100, Ukraine