Terms & Conditions

1. Introduction

These Terms & Conditions govern access to and use of the websites, platforms, applications, APIs, products, and services provided by VAYACOM LTD. By accessing or using the services, you agree to be bound by these terms. If you act on behalf of a company or organization, you represent that you have authority to bind that entity.

2. Definitions

Services include products and services such as Voice, SMS, RCS, WhatsApp Business Solutions, DID services, omnichannel communication platforms, APIs, integrations, AI and automation services, cloud communication solutions, and professional services including consulting, training, and implementation.

Platform means any software, portal, application, API, dashboard, website, or system provided by VAYACOM.

Customer Data means information, content, messages, files, records, or data submitted, transmitted, stored, or processed through the services.

User means any authorized individual accessing or using the services on behalf of a customer.

3. Access and Use of Services

Subject to compliance with these terms and any applicable commercial agreement, VAYACOM grants the customer a limited, non-exclusive, non-transferable, and revocable right to access and use the services for internal business purposes.

The customer remains fully responsible for all activities conducted under its account.

• Use the services in compliance with all applicable laws and regulations.
• Maintain the confidentiality of account credentials.
• Ensure all authorized users comply with these terms.
• Provide accurate and up-to-date information when registering or using the services.

4. Acceptable Use Policy

Customers and users must not use the services to:

• Send spam, unsolicited communications, phishing messages, fraudulent communications, robocalls, spoofed communications, or deceptive marketing campaigns.
• Transmit, distribute, or store unlawful, defamatory, abusive, hateful, harmful, obscene, or otherwise objectionable content.
• Violate telecommunications regulations, messaging regulations, carrier requirements, or channel provider policies.
• Interfere with, disrupt, damage, or compromise the integrity, security, performance, or reputation of the services or connected networks.
• Reverse engineer, decompile, modify, or attempt to access source code.
• Resell, sublicense, distribute, or commercially exploit the services without written authorization.
• Engage in activities that may result in blacklisting, carrier penalties, regulatory sanctions, or reputational harm to VAYACOM or its partners.

5. Regulatory Compliance and Customer Verification

VAYACOM may require documentation and information necessary to satisfy legal, regulatory, carrier, operator, or compliance obligations. Customers represent that all information provided is accurate, complete, current, and not misleading.

Failure to provide requested documentation may result in delayed activation, suspension, restriction, or termination of services. VAYACOM may conduct ongoing compliance reviews and request updated documentation at any time.

• Company registration documents.
• Proof of identity and proof of address.
• Beneficial ownership information.
• Tax registration information.
• Regulatory licenses or permits.
• Any additional documentation reasonably requested by VAYACOM.

6. Messaging and Communication Compliance

The customer is solely responsible for ensuring that all communications sent through VAYACOM services comply with applicable laws, regulations, provider policies, consent requirements, and industry standards.

VAYACOM reserves the right to suspend, restrict, or terminate any account or traffic that violates applicable regulations or platform requirements.

7. Numbering and DID Services

All telephone numbers, DIDs, virtual numbers, and related numbering resources remain subject to the rules and requirements of applicable regulators, carriers, operators, and numbering authorities.

Ownership of numbering resources remains with the applicable issuer. VAYACOM does not transfer ownership rights, and number portability or availability may be limited by carrier, operator, and regulatory requirements.

Numbers may be reclaimed, reassigned, suspended, or withdrawn following termination, inactivity, non-payment, regulatory action, or other lawful requirements.

8. Service Availability and Updates

VAYACOM may release updates, upgrades, modifications, or new features at any time. Availability may be affected by maintenance, third-party providers, telecommunications networks, internet connectivity, force majeure events, or circumstances beyond VAYACOM's reasonable control.

VAYACOM does not guarantee uninterrupted, error-free, or continuous availability of the services.

9. Service Levels

Unless otherwise expressly agreed in a separate written service level agreement, VAYACOM does not provide guaranteed uptime commitments, availability commitments, performance guarantees, service credits, or compensation for service interruptions.

10. Intellectual Property Rights

All intellectual property rights related to the platform, services, software, documentation, trademarks, logos, designs, and content remain the exclusive property of VAYACOM or its licensors.

The customer retains ownership of its customer data. The customer grants VAYACOM the right to process customer data solely to provide, maintain, support, secure, and improve the services.

Feedback, suggestions, enhancement requests, or recommendations may be used by VAYACOM without restriction or compensation.

11. Third-Party Services and Integrations

Certain services may rely on or integrate with third-party providers, including operators, messaging channels, cloud providers, payment gateways, social media platforms, and software vendors. Use of those services remains subject to their respective terms and policies.

VAYACOM is not responsible for outages, restrictions, policy changes, pricing changes, or actions imposed by third-party providers.

12. Fees, Billing, and Payments

Subscription fees, usage charges, setup fees, implementation fees, professional service fees, and other charges are defined in the applicable quotation, order form, proposal, service agreement, or invoice.

• Invoices are payable within thirty days from the invoice date unless otherwise agreed.
• Late payments may result in service suspension.
• VAYACOM may charge late payment interest where permitted by law.
• All fees are non-refundable unless otherwise agreed in writing.

13. Professional Services

Implementation, onboarding, consulting, training, integration, customization, or other professional services are governed by the applicable statement of work, quotation, proposal, or agreement.

Unless otherwise agreed in writing, methodologies, tools, templates, know-how, and intellectual property developed by VAYACOM remain VAYACOM property.

14. Confidentiality and Data Protection

Each party agrees to protect confidential information received from the other party using reasonable care and to use such information only for purposes related to the services.

VAYACOM implements commercially reasonable administrative, technical, and organizational measures to safeguard customer data and may process it as required to provide, maintain, support, secure, and improve the services in accordance with applicable data protection laws.

15. AI Services Disclaimer

Certain services may incorporate artificial intelligence, machine learning, automation technologies, or AI-generated outputs. Such outputs may contain inaccuracies, omissions, errors, biases, or incomplete information.

Customers remain solely responsible for reviewing AI-generated content and for any decisions, actions, communications, or outcomes resulting from its use. VAYACOM does not guarantee the accuracy, completeness, reliability, legality, suitability, or fitness of AI-generated outputs.

16. Customer Security Responsibilities

Customers are responsible for protecting account credentials, limiting access to authorized personnel, implementing appropriate internal security controls, and promptly notifying VAYACOM of suspected or actual unauthorized access or security incidents.

17. Suspension and Termination

VAYACOM may suspend or terminate services if the customer fails to pay applicable fees, violates these terms, engages in unlawful or prohibited activities, or creates security, legal, or operational risks.

Upon termination, access to the services shall cease. VAYACOM may retain customer data for a reasonable period in accordance with legal, regulatory, operational, or contractual requirements before permanent deletion.

18. Disclaimer of Warranties

The services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, VAYACOM disclaims all warranties, whether express, implied, statutory, or otherwise, including merchantability, fitness for a particular purpose, non-infringement, availability, and uninterrupted operation.

19. Limitation of Liability

To the fullest extent permitted by law, VAYACOM shall not be liable for indirect, incidental, consequential, punitive, or special damages, including loss of profits, revenue, goodwill, business interruption, or data loss.

VAYACOM is not liable for actions, restrictions, suspensions, outages, or decisions made by operators, messaging providers, social media platforms, or other third-party service providers.

Unless otherwise agreed in writing, VAYACOM's aggregate liability shall not exceed the total amount paid by the customer to VAYACOM during the twelve months preceding the event giving rise to the claim.

20. Indemnification

The customer agrees to indemnify and hold harmless VAYACOM, its affiliates, directors, officers, employees, and partners from claims, liabilities, losses, damages, penalties, costs, or expenses arising from misuse of the services, legal or regulatory violations, breaches of these terms, or content and communications transmitted through the services.

21. Export Controls and Sanctions

Customers must not access or use the services in violation of applicable export control laws, sanctions regulations, trade restrictions, embargoes, or governmental prohibitions.

VAYACOM may refuse, suspend, restrict, or terminate services where required to comply with sanctions, export control laws, or governmental directives.

22. Publicity Rights

Unless otherwise agreed in writing, VAYACOM may identify the customer as a customer of VAYACOM and may use the customer's name and logo in customer lists, presentations, case studies, and marketing materials.

Customers may request exclusion by written notice.

23. Modifications to Services and Terms

VAYACOM reserves the right to modify these terms and any part of the services at any time. Updated terms become effective upon publication on the website or notification to customers. Continued use of the services constitutes acceptance of the revised terms.

24. Force Majeure

VAYACOM is not liable for delays, interruptions, failures, or inability to perform resulting from circumstances beyond its reasonable control, including natural disasters, government actions, internet outages, cyberattacks, labor disputes, telecommunications failures, or similar force majeure events.

25. Governing Law and Jurisdiction

These terms are governed by the laws of the Republic of Cyprus. Disputes shall first be addressed through good-faith negotiations and, if unresolved, submitted to the competent courts of Cyprus, which have exclusive jurisdiction.

26. Survival

Any provisions that by their nature should survive termination or expiration remain in effect, including payment obligations, confidentiality, intellectual property rights, data protection obligations, disclaimers, limitation of liability, indemnification, governing law, and accrued rights or remedies.

27. Contact Information

For questions regarding these Terms & Conditions, please contact VAYACOM at [email protected].

28. General Provisions

These terms, together with any applicable quotation, order form, proposal, service agreement, or statement of work, constitute the entire agreement between the parties.

If any provision is held invalid or unenforceable, the remaining provisions remain in full force and effect. Failure by either party to enforce a right under these terms does not constitute a waiver of that right.