These Terms of Service ("Terms") constitute a legally binding agreement between you ("Client", "you") and ZhuMobile, a Parlee Conseiller company ("ZhuMobile", "we", "us"), governing your access to and use of ZhuMobile's mobile marketing platform, APIs, tools, and related services (collectively, the "Services"). By accessing or using the Services, you agree to be bound by these Terms.
You must be at least 18 years of age and have the legal authority to enter into binding contracts on behalf of yourself or your organisation. By registering for an account you represent that all information provided is accurate, current, and complete, and you agree to maintain its accuracy throughout the term of your agreement with us.
ZhuMobile provides enterprise mobile marketing services including, but not limited to: SMS and WhatsApp campaign delivery, audience segmentation, journey automation, analytics, geo-targeted messaging, rich media campaigns, and loyalty program infrastructure. The specific features available to you depend on your selected plan or service agreement.
You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:
You are solely responsible for: maintaining valid, documented opt-in consent for all end-recipients of your campaigns; ensuring your contact lists comply with applicable data protection laws; the accuracy and legality of all content you transmit through the platform; and honouring opt-out requests promptly and in compliance with applicable law. ZhuMobile acts as a data processor on your behalf; you are the data controller for your contact data.
Fees for the Services are set out in your executed service agreement or order form. Unless otherwise agreed: invoices are due within 30 days of issue; recurring subscription fees are billed in advance; usage-based fees (e.g., per-message charges) are billed monthly in arrears. Late payments may be subject to interest at 1.5% per month or the maximum permitted by law, whichever is less. ZhuMobile reserves the right to suspend Services for accounts with overdue balances after reasonable notice.
ZhuMobile retains all rights, title, and interest in the platform, software, documentation, and all associated intellectual property. These Terms do not grant you any ownership rights. You retain ownership of your content and campaign data, and grant ZhuMobile a limited licence to process such data solely for the purpose of delivering the Services.
Each party agrees to keep the other party's Confidential Information strictly confidential and to use it solely for purposes of performing obligations under these Terms. "Confidential Information" means any non-public business, technical, or financial information disclosed by one party to the other. Confidentiality obligations survive termination for a period of three (3) years.
ZhuMobile warrants that the Services will perform materially as described in your service agreement. EXCEPT AS EXPRESSLY STATED, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WE DISCLAIM ALL IMPLIED WARRANTIES INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not warrant that the Services will be uninterrupted or error-free.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZHUMOBILE'S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify, defend, and hold harmless ZhuMobile, its parent company Parlee Conseiller, affiliates, officers, directors, and employees from any claims, liabilities, damages, and expenses (including reasonable legal fees) arising from: your use of the Services; your content; your violation of these Terms; or your infringement of any third-party rights.
These Terms remain in effect for the duration of your service agreement. Either party may terminate for material breach upon 30 days written notice if the breach is not cured within that period. ZhuMobile may immediately suspend or terminate your access for violations of the Acceptable Use section, non-payment, or if required by law. Upon termination, your right to access the Services ceases, and you must cease all use. Data export requests must be submitted before the termination effective date.
These Terms shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without regard to its conflict of law provisions. Any disputes arising under these Terms shall first be subject to good-faith negotiation. If unresolved, disputes shall be submitted to binding arbitration in Montreal, Quebec, under the rules of the Canadian Commercial Arbitration Centre, except that either party may seek injunctive or equitable relief in any court of competent jurisdiction.
We reserve the right to modify these Terms at any time. Material changes will be communicated with at least 30 days advance notice via email or platform notification. Continued use of the Services after the effective date of changes constitutes acceptance. If you disagree with the revised Terms, you may terminate your account before the effective date.
Legal notices and questions regarding these Terms should be directed to:
ZhuMobile — Legal Department
A Parlee Conseiller company
Email: legal@zhumobile.com
General: mmkt@zhumobile.com