Terms of Service

These Terms of Service (the “Terms”) govern your access to and use of the Besmi software platform available at besmi.io and related subdomains (the “Service”), operated by Besmi (“Besmi,” “we,” “our,” or “us”). By accessing or using the Service, you agree to be bound by these Terms.

1. Who can use Besmi

You may use the Service only if you are at least 18 years old and capable of entering into a binding agreement. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms, and references to “you” mean both you individually and the organization.

2. Your account

You are responsible for safeguarding the credentials used to access your account and for all activity that occurs under your account. You agree to notify us promptly of any unauthorized use of your account or any other security incident you become aware of.

If your account is provisioned to you by an organization (for example, an employer or a business that subscribes to the Service), the organization may control your access, the information visible to you, and the actions you can take within the workspace. You should direct workspace-level questions to your organization in the first instance.

3. Acceptable use

You agree not to use the Service to:

• send communications without the consent required by applicable law (including the Telephone Consumer Protection Act, the CAN-SPAM Act, and any equivalent laws in your jurisdiction);
• send unlawful, harassing, defamatory, fraudulent, or deceptive content;
• send content related to prohibited categories under carrier and CTIA guidelines (including high-cost short-term lending, cannabis, firearms, gambling, or adult content) without the additional registrations those categories require;
• attempt to gain unauthorized access to the Service, other accounts, or any system or network connected to the Service;
• reverse engineer, decompile, or copy the Service except to the extent expressly permitted by applicable law;
• use the Service to build a competing product or service;
• interfere with or disrupt the integrity, performance, or security of the Service.

We may suspend or terminate your access if we reasonably believe you have violated these provisions, and we may cooperate with law enforcement where required by law.

4. Subscription, fees, and billing

Access to the Service may be provided under a paid subscription. If you have a paid subscription, fees are billed in advance according to the plan you select, are non-refundable except as expressly required by law or described in your order form, and may change with notice. Telephony and messaging usage charged at cost plus a markup may be billed in addition to subscription fees. Failure to pay may result in suspension or termination of access.

5. Customer Data and confidentiality

Information you or your organization provides to the Service, including records about your contacts, prospects, and clients (collectively “Customer Data”), belongs to your organization. We process Customer Data on your organization’s behalf to provide the Service, in accordance with our Privacy Policy at besmi.io/privacy. You represent that you have the necessary rights and consents to provide Customer Data to the Service and to allow us to process it as contemplated by these Terms.

6. SMS communications

If you use the Service to send text messages to recipients, you are responsible for obtaining all consents required by law before sending. The Service includes tools for honoring opt-out requests (STOP keyword and equivalents); you agree not to circumvent or disable those tools.

Besmi may send text messages to your mobile phone number for account-related purposes (verification codes, security alerts, transactional notifications) when you have provided your number and consented. Message frequency varies. Message and data rates may apply. You may opt out at any time by replying STOP. See our Privacy Policy for additional SMS terms.

7. Intellectual property

The Service, including all software, content, designs, trademarks, and other intellectual property associated with it (other than Customer Data), is owned by Besmi or its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service consistent with these Terms. No other rights are granted by implication, estoppel, or otherwise.

If you submit feedback, suggestions, or ideas about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

8. Third-party services

The Service may integrate with third-party services (such as telephony providers, email providers, CRM systems, and other tools) you choose to connect. Your use of those third-party services is governed by their own terms and privacy policies. We are not responsible for third-party services or for any issues arising from their availability or behavior.

9. Disclaimer of warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, BESMI DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.

10. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, BESMI WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

BESMI’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID US IN THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS.

11. Indemnification

You agree to defend, indemnify, and hold harmless Besmi and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to your use of the Service, your violation of these Terms, or your violation of the rights of any third party (including any rights of recipients of communications you send through the Service).

12. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, with or without notice, if we reasonably believe you have violated these Terms or if continued provision of the Service to you presents legal, regulatory, or operational risk. You may stop using the Service at any time. Sections of these Terms that by their nature should survive termination will survive (including Sections 5, 7, 9, 10, 11, 13, and 14).

13. Governing law and dispute resolution

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. Any dispute arising out of or related to these Terms or the Service that cannot be resolved through good-faith negotiation will be brought exclusively in the state or federal courts located in Travis County, Texas, and you consent to the personal jurisdiction of those courts.

14. Changes to these terms

We may update these Terms from time to time. When we do, we will revise the “Effective date” at the top of this page and, for material changes, notify users through the Service or by email. Your continued use of the Service after a change takes effect constitutes acceptance of the updated Terms.

15. Contact us

Questions about these Terms can be directed to:

Besmi
Email: armando@besmi.io