Terms & Conditions - E-TECHINVEST

Terms and Conditions

1. Introduction

Welcome to Etechinvest's platform. These Terms & Conditions govern your use of our website, services, and software solutions, including support and consultation services provided by Etechinvest LLC ("we," "us," or "our"). By accessing or using our services, you agree to comply with and be bound by these terms.

2. Services

We offer software development, email server setup (including PowerMTA and MailWizz), SMS gateway setup and management (including SMPP connectivity, toll-free/10DLC provisioning support, and messaging platform configuration), CRM solutions, support, and consultation services. Our services are designed to provide secure, scalable, and innovative software solutions to our clients. Additional terms may apply to specific services.

3. User Responsibilities

3.1 Lawful Use Only
You agree to use our services for lawful purposes only and in compliance with all applicable laws and regulations.

3.2 Account Security
You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.

3.3 Accurate Information
You must provide accurate and complete information when creating an account and using our services.

3.4 Prohibited Activities
The following activities are strictly prohibited:

Spamming or sending unsolicited bulk emails in violation of applicable laws.
Sending unsolicited bulk SMS/text messages ("smishing" or SMS spam) without documented recipient consent, in violation of the TCPA, CTIA guidelines, or applicable carrier requirements.
Spoofing, forging email headers or SMS sender IDs, or otherwise falsifying information to mislead recipients.
Using our servers or gateways for any activity that violates anti-spam laws, including the CAN-SPAM Act, TCPA, GDPR, or other applicable regulations.
Advertising, transmitting, or otherwise making available any software, program, product, or service that is designed to violate this AUP or the AUP of any other Internet Service Provider or carrier, which includes, but is not limited to, the facilitation of the means to send Unsolicited Bulk Email or Unsolicited Bulk SMS, initiation of pinging, flooding, mail-bombing, denial of service attacks.
Operating an account on behalf of, or in connection with, or reselling any service to, persons or firms listed in the Spamhaus Register of Known Spam Operations (ROKSO) database at www.spamhaus.org/rokso.
Unauthorized attempts by a user to gain access to any account or computer resource not belonging to that user (ie: "cracking").
Obtaining or attempting to obtain service by any means or device with intent to avoid payment.
Unauthorized access, alteration, destruction, or any attempt thereof, of any information of any Etechinvest customers or end-users by any means or device.
Knowingly engage in any activities designed to harass, or that will cause a denial-of-service (ie: synchronized number sequence attacks) to any other user whether on the Etechinvest network or on another provider's network.
Using Etechinvest's Services to interfere with the use of the Etechinvest network by other customers or authorized users.
Using Etechinvest's Services to mine cryptocurrency.

4. Payment Terms

4.1 Payment Obligations
Payment for services must be made according to the terms agreed upon at the time of purchase or contract signing.

4.2 Accepted Payment Methods
We accept various payment methods, including bank transfers via Wise. Payment details will be provided during the checkout or invoicing process.

4.3 Late Payments
Late payments may incur additional fees as specified in your agreement with us.

4.4 Liability for Damages
If your use of our services causes damages to our servers or gateways, including but not limited to blacklisting of IP addresses, suspension of SMS numbers or connectors, or reputational harm, you agree to reimburse us for all associated costs and damages.

4.5 No Refund Policy
Once the server or gateway setup is completed and/or access is delivered to the client, no refunds will be provided under any circumstances.

5. Support and Consultation

5.1 Availability
We provide support and consultation services as part of our offerings. These services are subject to availability and may require a separate agreement.

5.2 Support Inquiries
Support inquiries can be submitted via our support ticket system or email. We aim to respond promptly but do not guarantee specific response times.

6. Intellectual Property

6.1 Ownership
All content, software, and materials provided on our platform are the property of Etechinvest LLC or our licensors.

6.2 Restrictions
You may not copy, distribute, modify, or create derivative works without our express written consent.

7. Privacy and Data Protection

7.1 Commitment to Privacy
We are committed to protecting your privacy and will handle your data according to our Privacy Policy, which is incorporated into these Terms & Conditions.

7.2 User Compliance
You must comply with all applicable data protection laws when using our services.

8. Use of Servers for Bulk Email

8.1 Permitted Use
We accept bulk email sending provided it is conducted in compliance with all applicable laws and regulations.

We highly recommend following the Anti-Spam Guidelines and complying with the GDPR. Emails for marketing purposes should ONLY be sent to customers who have explicitly expressed their willingness to accept such emails. Any email volume at or above 200 per week is considered bulk emailing.

For bulk emailing purposes, any server or customer that receives more than 5 complaints per month is considered a spammer and will have its account and server terminated and reported to the relevant authorities. While our IP ranges are provided whitelisted, they should be returned in the same state. A refundable deposit may be required before allocating IP addresses, which will cover delisting charges.

We investigate all email complaints and we will terminate and report any customer who is using our network to send UBE. If we have reasons to believe the listing was not intentional, we may contact the customer to resolve any issues before taking further actions - it is therefore imperative that the details supplied when registering or ordering our services are current and kept up-to-date.

A server may be shut down in the event its IP / block of IP appears to be blacklisted or we receive a substantial amount of complaints. In such event, the data contained in the server will be lost if no previous backup has been taken - We will not be liable for any damages or inconvenience caused.

A Spamhaus listing (whichever the cause) will lead to the immediate suspension of the server and the ban of the customer from using our services.

The above rules have been put in place to protect us and our Networks from leechers/ miners / P2P and Spammers.

8.2 Prohibited Activities (Email)
The following are prohibited:

Sending spam or unsolicited bulk emails.
Engaging in spoofing or other deceptive email practices.
Transmission, distribution, or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret, or other intellectual property right used without proper authorization, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
Sending Unsolicited Bulk Email ("UBE", "spam"). The sending of any form of Unsolicited Bulk Email through Etechinvest servers is prohibited. Likewise, the sending of UBE from another service provider advertising a website, or email address, or using any resource hosted on Etechinvest's servers, is also prohibited. Etechinvest accounts or services may not be used to solicit customers from, or collect replies to, messages sent from another Internet Service Provider where those messages violate this Policy or that of the other provider.
Running Unconfirmed Mailing Lists. Subscribing email addresses to any mailing list without the express and verifiable permission of the email address owner is prohibited. All mailing lists run by Etechinvest customers must be Closed-loop ("Confirmed Opt-in"). The subscription confirmation message received from each address owner must be kept on file for the duration of the existence of the mailing list. Purchasing lists of email addresses from 3^rd parties for mailing from any Etechinvest-hosted server (or referencing any Etechinvest account) is prohibited.

9. Use of Gateways for Bulk SMS Messaging

9.1 Permitted Use
We accept bulk SMS sending provided it is conducted in compliance with all applicable laws and carrier requirements, including the Telephone Consumer Protection Act (TCPA), CTIA Messaging Principles and Best Practices, and toll-free/10DLC registration requirements set by US carriers.

SMS messages for marketing purposes must ONLY be sent to recipients who have provided explicit, documented, and verifiable opt-in consent, separate from general Terms of Service acceptance. Every marketing SMS must include clear sender identification and STOP opt-out instructions. Any SMS volume at or above 200 messages per week is considered bulk messaging and is subject to this section.

9.2 Consent and Suppression Requirements
Customers using our SMS gateway services must:

Maintain a documented, timestamped consent record for every recipient, including the source and method of opt-in.
Implement automated STOP, UNSUBSCRIBE, CANCEL, and END keyword handling that immediately suppresses future sends to the requesting number.
Refrain from purchasing or importing third-party contact lists for SMS marketing purposes.
Comply with all toll-free verification (TFV), 10DLC campaign registration, and carrier vetting requirements applicable to their sender numbers and use-case category.

9.3 Complaint and Suspension Thresholds
Any server, connector, or customer account that receives more than 5 complaints per month, or that triggers carrier-level filtering, suspension, or blacklisting of an assigned number, is subject to immediate suspension pending investigation.

A carrier suspension, number revocation, or toll-free verification rejection resulting from customer-supplied content or opt-in practices will not be contested by Etechinvest and will not entitle the customer to a refund or replacement number at no cost.

We investigate all SMS-related complaints and will terminate and report any customer using our gateway to send unsolicited bulk SMS ("smishing" or SMS spam). If we have reasons to believe a violation was not intentional, we may contact the customer to resolve the issue before taking further action - it is therefore imperative that registration details remain current and accurate.

9.4 Data and Number Loss
An SMS gateway or connector may be shut down in the event its assigned number appears to be blacklisted, flagged by a carrier, or the subject of a substantial number of complaints. In such event, any queued messages, delivery logs, or configuration data may be lost if no previous backup has been taken - We will not be liable for any damages or inconvenience caused.

9.5 Prohibited Activities (SMS)
The following are prohibited:

Sending SMS marketing messages without documented, verifiable recipient consent.
Sending SMS content that misrepresents the sender, uses a spoofed or unauthorized sender ID, or attempts to circumvent carrier filtering.
Using alphanumeric sender IDs for messaging to destinations where such use is not permitted by the receiving carrier (e.g., NANP/US destinations).
Failing to honor a STOP, UNSUBSCRIBE, CANCEL, or END request within a reasonable processing window.
Purchasing, renting, or using third-party or scraped contact lists for SMS marketing.
Submitting toll-free verification or 10DLC campaign registrations containing false, misleading, or unverifiable business or use-case information.

10. Monitoring and Suspension (Email and SMS)

We reserve the right to monitor server and gateway activity for compliance. If we detect any prohibited activities under Section 8 or 9, we may suspend or terminate your account immediately and without prior notice.

All provided IP addresses and, where applicable, SMS sender numbers are thoroughly checked against major Real-time Black and Grey Lists or carrier compliance databases before being assigned to the customer. We therefore cannot be held responsible if the actions of the customer have led or will lead to the server or number being blacklisted, suspended, or delisted from carrier networks.

11. Liability for Damages (Email and SMS)

If your actions result in damages to our servers or gateways, including blacklisting, carrier suspension, number revocation, or loss of reputation, you will be held financially responsible for all associated costs, including cleanup, restoration, and re-registration.

Etechinvest reserves the right to charge the lessee administrative, processing, abuse management, cancelation, or penalty fees for:

• Tasks we may perform outside the normal scope of our services,
• Additional time or cost we may have incurred,
• Recovering losses arising from non-compliance to our AUP,
• Handling of complaints related to violations of our ToS,
• Manual incident mitigation:
The incident handling fee varies between $49 to $500 per incident depending on its type, reoccurrence, and severity. An invoice will be sent to the registered invoice address following the incident.
Failure to make payment for the above may lead to your details being passed to law enforcement agencies, and debt collectors and you will be reported accordingly to our anti-fraud partners. We will also not fulfill any future orders.

12. Legal Pursuit

Any client engaging in spamming, spoofing, smishing, or illegal email or SMS practices will be subject to legal action.

13. Limitation of Liability

13.1 As-Is Basis
Our services are provided "as is" without warranties of any kind.

13.2 Indirect Damages
We are not liable for any indirect, incidental, or consequential damages arising from the use of our services.

14. Termination

14.1 Right to Terminate
We reserve the right to suspend or terminate your access to our services at our discretion, including but not limited to violations of these terms.

14.2 Immediate Termination for Spam or Abuse
Accounts engaged in spam, spoofing, smishing, or any misuse of our servers or gateways will be terminated immediately without prior notice.

15. Changes to Terms

We may update these Terms & Conditions from time to time. It is subject to change without notice, and your continued use of the services constitutes acceptance of the new terms.