Terms and Conditions

Last updated: 2025-05-22 [Date Placeholder - Finalize Later]

1. Acceptance of Terms

By accessing or using the SimRelay service ("Service"), provided by 8up Ventures GmbH ("We", "Us", "Our"), you agree to be bound by these Terms and Conditions ("Terms"). If you disagree with any part of the terms, you may not access the Service.

2. Service Description

SimRelay provides a platform to receive SMS messages sent to designated hosted phone numbers via webhooks from third-party providers (e.g., seven.io) and forward them to multiple recipient phone numbers configured by the user, using third-party SMS APIs (e.g., seven.io).

3. Accounts and Registration

You must register for an account to access certain features. You agree to provide accurate, current, and complete information during registration and keep it updated. You are responsible for safeguarding your password and for all activities that occur under your account. You must notify us immediately of any unauthorized use.

4. Use of the Service

You agree to use the Service only for lawful purposes and in accordance with these Terms. You are responsible for:

  • Ensuring you have the necessary rights to use the hosted SIM numbers and receive messages on them.
  • Obtaining consent from recipients before adding their numbers for forwarding.
  • Configuring the Service correctly (recipient mappings, etc.).
  • Complying with the terms of service of any third-party providers used in conjunction with SimRelay (e.g., seven.io).

You agree not to use the Service:

  • For any illegal or unauthorized purpose.
  • To transmit spam or unsolicited messages.
  • To harass, abuse, or harm others.
  • In any way that could damage, disable, overburden, or impair the Service.

5. Fees and Payment

Certain features of the Service require payment of fees based on selected subscription tiers and usage (e.g., overage charges). All fees are described on our pricing page.

  • Payments are processed via Stripe. By subscribing, you agree to Stripe's terms and privacy policy.
  • Subscriptions are billed in advance on a recurring basis (e.g., monthly).
  • Overage charges are billed based on usage exceeding the included limits of your tier.
  • Fees are non-refundable except as required by law or explicitly stated.
  • We reserve the right to change our prices. We will provide notice of price changes.

6. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of 8up Ventures GmbH and its licensors. The Service is protected by copyright, trademark, and other laws of Germany and foreign countries.

7. Third-Party Services

The Service relies on third-party services like seven.io and Stripe. We are not responsible for the availability, accuracy, or practices of these third parties. Your use of such services is subject to their respective terms and policies.

8. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach these Terms.

Upon termination, your right to use the Service will cease immediately.

You may terminate your account by [Placeholder: Describe termination process, e.g., contacting support at [email protected], using dashboard functionality].

9. Disclaimer of Warranties

The Service is provided on an "AS IS" and "AS AVAILABLE" basis. Your use of the Service is at your sole risk. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance. 8up Ventures GmbH its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

10. Limitation of Liability

In no event shall 8up Ventures GmbH, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

[Placeholder: Consider adding specific limitations related to message delivery failures, dependence on third-party APIs, etc. - Requires Legal Review]

11. Indemnification

You agree to defend, indemnify and hold harmless 8up Ventures GmbH and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of Germany, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.

13. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

14. Contact Us

If you have any questions about these Terms, please contact us at: [email protected]