Legal · Terms
Terms of Use
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The terms under which Executable Technologies Inc. provides O3Notify. They cover what the service is, what your organization is responsible for when it sends messages, and the limits of what we promise.
1. The service
O3Notify is provided by Executable Technologies Inc., 8735 Dunwoody Pl # 4782, Atlanta, GA 30350, United States ("Executable Technologies", "we", "us"). It lets an organization send transactional SMS and WhatsApp messages through an HTTP API, look up the delivery status of each message, and receive status updates at a webhook URL. We select the carrier for each message based on its destination and channel.
WhatsApp messages are delivered through Meta's WhatsApp Business Platform inside message templates that we maintain. Meta's rules for that platform apply to every WhatsApp message you send (see section 3).
The service is what the product documentation describes. It does not include contact management, bulk or scheduled campaigns, wallets, billing tools, user roles, or push notifications, and nothing in these terms promises them.
By creating an organization, signing in, or using an API key, you agree to these terms on behalf of your organization. You confirm that you are at least 18 and authorized to bind it.
2. Your account and API keys
Keep your password and API keys secret. Everything sent with one of your organization's keys is your organization's responsibility, whether or not you authorized it. If a key may have been exposed, revoke it in the dashboard immediately (revocation takes effect at once) and create a replacement.
Give us accurate account details and keep them current; we use the email address on the account to reach you about the service and these terms.
3. Recipient consent
You may only message people who have agreed to receive messages from your organization. You are responsible for obtaining that consent before sending, for being able to show that you have it, and for honoring a recipient's request to stop promptly.
For WhatsApp, this is a requirement of the WhatsApp Business Messaging Policy and Meta's WhatsApp Business Terms, which you agree to comply with whenever you send on that channel; we pass those obligations through to you in full. For SMS, the equivalent rules of the carriers we use (including Twilio's and Orange's acceptable-use terms) and the telecommunications and privacy laws of each destination country apply the same way.
Messages sent without valid consent may be blocked by us or by the carrier, and repeated complaints from recipients or carriers are grounds for suspension under section 9.
4. SMS program
Text messages sent through O3Notify are transactional: one-time passcodes for sign-in, sign-up and account recovery, and account notifications such as password resets, security alerts, order and delivery updates, and appointment reminders. They are sent on behalf of the business the recipient signed up with, which is named in each message. O3Notify never sends marketing or promotional texts.
Message frequency varies with the recipient's own activity, for example one code each time they sign in. Message and data rates may apply.
Recipients can reply STOP at any time to stop receiving texts from that number; a single confirmation is sent and nothing further. Reply HELP for help, or email info@exeapps.com. Carriers are not liable for delayed or undelivered messages.
How a business must collect consent, and the exact wording it must show, is published on the SMS consent page at /sms-consent. How we handle mobile numbers is described in the Privacy Policy.
5. Acceptable use
The service is for transactional messages that recipients expect: notifications, confirmations, alerts, and one-time codes. You must not use it to:
- send unsolicited or bulk marketing messages, or any message the recipient has not consented to receive;
- send phishing, fraud, scams, or messages that impersonate another person or organization; the sender name you supply must truthfully identify your organization;
- send unlawful, defamatory, harassing, or hateful content, or content that promotes violence;
- send content in categories the carriers prohibit, including illegal drugs, weapons, adult content, gambling where it is unlawful, and unlicensed financial services;
- distribute malware or links to it;
- probe, scan, or attempt to access another customer's data, or interfere with the service or its infrastructure;
- resell access to the service or use it on behalf of a business you are not authorized to represent.
We may remove or block content that breaks these rules and may report unlawful activity to the authorities.
6. Rate limits and fair use
Requests are rate-limited per API key; requests over the limit are refused with an error rather than queued. Some carrier limits, such as WhatsApp's messaging tiers, are shared across all customers of the service, and we may throttle or delay messages to stay within them. We may change limits to protect the service and will announce material changes in the product documentation.
7. Availability
The service is provided as it is and as it is available. We do not guarantee any level of uptime at this stage. We may change, suspend, or discontinue any part of the service, and we will give notice of material changes where we reasonably can.
Accepting a message (a 202 response) means we have queued it, not that it has been delivered. Delivery depends on carriers and networks that we do not control. The status API and your webhook report what actually happened to each message.
8. Fees
The product has no billing features yet. Any fees for the service are agreed with you separately until billing is available in the product. We may introduce or change fees, and we will give account holders at least 30 days' notice by email before a new or changed fee applies to them.
9. Suspension and termination
We may suspend or terminate your organization's access, with or without notice, if you break these terms, if your use creates a security or legal risk, if a carrier requires it, or if agreed fees go unpaid. Where practical we will tell you why and give you a chance to fix the problem.
You may stop using the service at any time by revoking your API keys, and you may ask us to close your account by emailing info@exeapps.com. On termination your keys stop working and your data is handled as described in the Privacy Policy.
10. Your content
The messages you send and the data you submit remain yours. You give us permission to store, transmit, and process them only as needed to provide the service and to comply with the law. You are responsible for that content and for having the right to send it.
11. Disclaimer of warranties
To the fullest extent permitted by law, the service is provided without warranties of any kind, express or implied, including any warranty of merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that the service will be uninterrupted, error-free, or that any message will be delivered.
12. Limitation of liability
To the fullest extent permitted by law, Executable Technologies will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising from the service or these terms, even if advised of the possibility. Our total liability for all claims relating to the service in any twelve-month period is limited to the greater of the fees you paid us in that period and one hundred US dollars (US$100).
13. Indemnity
You will defend and indemnify Executable Technologies against claims, losses, and costs (including reasonable legal fees) arising from the messages your organization sends, from your breach of these terms, or from your violation of a carrier's policy or of applicable law.
14. Governing law
These terms are governed by the laws of the State of Georgia, United States, without regard to its conflict-of-laws rules. Any dispute arising from them will be brought in the state or federal courts located in Georgia, and you consent to their jurisdiction.
15. Changes to these terms
When we change these terms we publish the new version at this address and update the date at the top. For material changes we will also email account holders before the change takes effect. Continuing to use the service after that date means you accept the new terms.
16. Contact
Executable Technologies Inc., 8735 Dunwoody Pl # 4782, Atlanta, GA 30350, United States. Email: info@exeapps.com.