Effective Date: January 1, 2025
These Terms of Service (“Terms”) govern your access to and use of the Dexpatch platform and services (collectively, the “Services“), provided by Dexios Innovations (“Dexpatch,” “we,” “us,” or “our”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Services.
1. Your Use of the Services
- Eligibility: You must be at least 14 years old to use the Services.
- Account Responsibility: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
- Permitted Use: You may use the Services only for lawful purposes and in accordance with these Terms. You agree not to:
- Use the Services for any illegal or unauthorized purpose.
- Transmit any viruses, worms, or other malicious code.
- Interfere with or disrupt the integrity or performance of the Services.
- Collect or store personal data about other users without their consent.
- Use the Services to send unsolicited or unauthorized messages (“spam“).
- Compliance with Laws: You are solely responsible for complying with all applicable laws, regulations, and industry best practices, including, but not limited to, the TCPA, CAN-SPAM Act (where applicable), and all data privacy and security regulations (e.g., GDPR, CCPA).
2. Messaging Services & Content
- Delivery Disclaimer: Dexpatch will use commercially reasonable efforts to deliver your messages, but cannot guarantee delivery in all cases due to factors outside our control (e.g., network issues, recipient device status).
- Message Content Responsibility: You are solely responsible for the content of all messages sent through the Services. You agree not to send any messages that are:
- Defamatory, abusive, or harassing.
- Obscene, pornographic, or sexually suggestive.
- Illegal, fraudulent, or deceptive.
- In violation of any intellectual property rights.
- In violation of any applicable laws or regulations.
- DND Compliance: You are responsible for complying with all applicable “Do Not Disturb” (DND) regulations and obtaining necessary consent before sending any messages.
3. Service Fees, Payment, and Refunds
- Fees: You will be charged for the use of the Services as set forth in the applicable pricing plans or as otherwise agreed upon in writing.
- Payment Methods: We may offer various payment methods, such as credit card, debit card, or bank transfer.
- Refunds: Refunds may be available only in certain limited circumstances, as determined by Dexpatch in its sole discretion and as outlined in our separate Refund Policy.
4. Data Privacy and Security
- Data Collection: Dexpatch may collect certain information about you and your use of the Services, as fully described in our Privacy Policy.
- Data Security: We take reasonable measures to protect the security of your data, but we cannot guarantee absolute security.
- Data Processing: Dexpatch may process your data in accordance with applicable data protection laws.
5. Intellectual Property
- Ownership: All rights, title, and interest in and to the Services, including all intellectual property rights, are owned by Dexpatch or its licensors.
- Trademarks: You agree not to use any Dexpatch trademarks or logos without our prior written consent.
6. Disclaimer of Warranties
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. DEXPATCH DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.
7. Limitation of Liability
IN NO EVENT SHALL DEXPATCH BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES, EVEN IF DEXPATCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
8. Termination and Governing Law
- Termination by Dexpatch: Dexpatch may terminate or suspend your access to the Services at any time, with or without cause, and with or without prior notice.
- Termination by You: You may terminate these Terms at any time by ceasing to use the Services.
- Governing Law: These Terms shall be governed by and construed in accordance with the laws of Nigeria.
9. General Provisions
- Entire Agreement: These Terms constitute the entire agreement between you and Dexpatch with respect to the subject matter hereof and supersede all prior or contemporaneous communications, representations, and understandings.
- Contact Information: If you have any questions about these Terms, please contact us at info@dexpatch.com.ng.