Terms of Service
These Terms of Service (“Terms”) govern your access to and use of the Approcha SMS/MMS marketing platform and website (the “Service”). By creating an account or using the Service, you agree to these Terms. If you use the Service on behalf of a business, you represent that you are authorized to bind that business.
1. The Service
Approcha lets businesses send text-message marketing and two-way conversations to recipients who have consented to receive them, using phone numbers provisioned through our carrier partner. We may add, change, or discontinue features over time.
2. Accounts
You must provide accurate information, keep your credentials secure, and are responsible for activity under your account. You must be at least 18 years old.
3. Your compliance responsibilities
You are solely responsible for obtaining and maintaining valid consent from every person you message and for complying with all applicable laws — including the Telephone Consumer Protection Act (TCPA), CTIA messaging principles, and carrier requirements.
- Only message recipients who have given you express opt-in consent to receive your messages.
- Honor opt-out requests (STOP) immediately and provide HELP responses.
- Clearly identify yourself as the sender and describe the type and frequency of messages at opt-in.
- Maintain records of consent and make them available if required.
4. Acceptable use
You agree not to use the Service to send messages that are, or that relate to:
- Unsolicited messages (spam) or messages to recipients who have not opted in or who have opted out.
- Unlawful, deceptive, harassing, or fraudulent content; phishing or malware.
- Content prohibited by carriers or messaging guidelines (e.g., illegal substances, hate, or high-risk financial schemes).
- Any use that infringes others’ rights or violates applicable law.
We may suspend or terminate accounts that violate these rules or that create carrier or legal risk.
5. Fees and billing
Paid plans and usage-based credits are billed as described at sign-up. Fees are charged through our payment processor. Carrier and regulatory pass-through fees may apply. Except where required by law, fees are non-refundable. You authorize us to charge your payment method for applicable amounts.
6. Phone numbers
Numbers assigned to your account are provisioned through our carrier and are provided for use with the Service. You do not own the number and may not transfer it except as we expressly permit. Numbers require carrier verification before sending and may be reclaimed if the account is closed or inactive.
7. Intellectual property
The Service, including its software, design, and brand, is owned by Approcha and protected by law. You retain rights to your own content and audience data; you grant us the limited rights needed to operate the Service.
8. Disclaimers
The Service is provided “as is” without warranties of any kind. We do not guarantee message delivery, which depends on carriers and recipient devices, or that the Service will be uninterrupted or error-free.
9. Limitation of liability
To the maximum extent permitted by law, Approcha will not be liable for indirect, incidental, special, or consequential damages, or for lost profits or data. Our total liability for any claim will not exceed the amount you paid us for the Service in the three months before the claim.
10. Indemnification
You will defend and indemnify Approcha against claims arising from your content, your messaging, or your breach of these Terms or of applicable law — including any consent- or TCPA-related claim brought by a recipient.
11. Termination
You may stop using the Service at any time. We may suspend or terminate access for violation of these Terms, non-payment, or legal/carrier risk. Provisions that by their nature should survive termination will survive.
12. Governing law
These Terms are governed by the laws of the Commonwealth of Puerto Rico, without regard to conflict-of-laws rules. Disputes will be resolved in the courts located in Puerto Rico, unless applicable law requires otherwise.
13. Changes
We may update these Terms; the updated version will be posted here with a revised effective date. Continued use after changes take effect constitutes acceptance.
14. Contact
Questions about these Terms? Email approcha@monotu.com.