Terms of Service

Effective Date: January 27, 2026

PLEASE READ THIS AGREEMENT CAREFULLY. By using any services provided by FUSION FIVE USA LLC, you agree to be bound by these General Terms and any applicable Service Specific Terms. If you do not agree, do not use our services.

1. Acceptance of Terms

This Agreement consists of the General Terms herein and any terms specific to individual services (e.g., SMPP Gateway, A2P Messaging). You must be of legal age to enter into a binding agreement. Use of our services constitutes your full acceptance of these terms.

2. Description of Service

FUSION FIVE USA LLC provides cloud-based messaging infrastructure, including but not limited to SMPP gateways, API connectivity for SMS, WhatsApp, and Viber, and routing management tools. You are responsible for obtaining internet access and the necessary hardware to use our services.

3. User Account Obligations

To access our services, you must create a user account. You agree to:

Provide true, accurate, and current information during signup.
Maintain the security of your account credentials (API keys, SMPP binds).
Notify us immediately of any unauthorized use of your account.

4. Service Fees and Payments

Some services are provided on a subscription or per-use (credit) basis. You agree to pay all fees associated with your account. We reserve the right to modify pricing with 30 days' notice. Unused credits or balances in your account are subject to our refund policy as defined in your specific service plan.

5. Restrictions on Use

In addition to other terms, you shall not:

Use the services for phishing, spamming, or any illegal activities.
Attempt to decompile, reverse engineer, or bypass the security of our gateways.
Transmit any content that violates the intellectual property rights of others.
Use the services in a manner that interferes with or disrupts the integrity or performance of our infrastructure.

6. Data Ownership & Privacy

We respect your right to ownership of content created or stored by you. You own the content (Service Data) you transmit through our gateways. Use of our services is also governed by our Privacy Policy, which explains how we protect your information.

7. Messaging Content & Compliance

You are solely responsible for the content of messages sent via FUSION FIVE USA LLC. You must comply with all local and international regulations (such as TCPA in the US or GDPR in the EU). We reserve the right to monitor traffic and block any account found to be sending prohibited or fraudulent content.

8. Suspension and Termination

We may suspend or terminate your account in the event of:

Violation of these Terms or the Acceptable Use Policy.
Request by law enforcement or government agencies.
Non-payment of fees or extended periods of inactivity.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUSION FIVE USA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS OR DATA) ARISING FROM THE USE OR INABILITY TO USE OUR SERVICES. OUR TOTAL LIABILITY SHALL NOT EXCEED THE FEES PAID BY YOU IN THE LAST 12 MONTHS.

10. Governing Law & Jurisdiction

This Agreement shall be governed by the laws of the State of [Insert Your LLC State, e.g., Wyoming], USA, without regard to conflict of law principles. Any disputes shall be resolved exclusively in the courts located in that jurisdiction.

11. Modifications to Terms

We may modify these Terms at any time. We will provide notice of material changes via email (to your registered address) or by posting a notice on our website. Continued use of the services after changes become effective constitutes acceptance of the new Terms.