End User License Agreement for SMS Messaging Services

1. Acceptance of Terms

By registering for, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by this Agreement, including our Privacy Policy available at https://mongul.io/privacy-policy. We may update this Agreement from time to time, and your continued use of the Service constitutes acceptance of any changes.

2. Description of the Service

The Service enables you to send and receive SMS messages through the Mongul app within the United States. The Service may include features such as messaging, notifications, or other communication tools. The availability and functionality of the Service may vary depending on your device or carrier.

3. Eligibility

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this eligibility requirement, are located in the United States, and have the legal capacity to enter into this Agreement.

4. License to Use the Service

Subject to your compliance with this Agreement, Mongul grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for personal, non-commercial purposes. This license does not permit you to:

• Modify, reverse-engineer, or decompile the Service or any related software.
• Use the Service for any illegal, unauthorized, or prohibited purpose.
• Share, sublicense, or transfer your access to the Service to any third party.

5. SMS Messaging Terms

6. User Responsibilities

You agree to:

• Provide accurate and up-to-date information when registering for or using the Service.
• Maintain the security of your account credentials and notify us immediately of any unauthorized use.
• Use the Service only for lawful purposes and in accordance with this Agreement.
• Not send messages that are harassing, abusive, defamatory, or otherwise inappropriate.

7. Privacy

Your use of the Service is subject to our Privacy Policy, available at https://mongul.io/privacy-policy. By using the Service, you consent to the collection, use, and sharing of your information as described in the Privacy Policy, including your phone number and SMS message content.

8. Prohibited Conduct

You agree not to:

• Use the Service to send spam, unsolicited messages, or messages that violate applicable U.S. laws.
• Impersonate any person or entity or misrepresent your affiliation with any person or entity.
• Use the Service to distribute malware, viruses, or other harmful code.
• Interfere with or disrupt the Service or its servers.

9. Termination

We may suspend or terminate your access to the Service at our sole discretion, with or without notice, if you violate this Agreement or for any other reason. Upon termination, your license to use the Service will end, and you must cease all use of the Service.

10. Intellectual Property

All content, trademarks, and intellectual property related to the Service are owned by Mongul or its licensors. You may not use, copy, or distribute any part of the Service without our prior written consent, except as expressly permitted by this Agreement.

11. Disclaimers

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Service will be uninterrupted, error-free, or secure.

12. Limitation of Liability

To the maximum extent permitted by law, Mongul will not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Service, including but not limited to loss of data, profits, or business opportunities. Our total liability to you will not exceed the amount you paid to us for the Service, if any, in the six months prior to the claim.

13. Indemnification

You agree to indemnify and hold harmless Mongul, its affiliates, and their respective officers, directors, employees, and agents from any claims, damages, or losses arising from your use of the Service, violation of this Agreement, or violation of any third-party rights.

14. Governing Law and Dispute Resolution

This Agreement is governed by the laws of the State of Ohio, USA, without regard to its conflict of law principles. Any disputes arising under this Agreement will be resolved through binding arbitration in Ohio under the rules of the American Arbitration Association. You waive any right to participate in a class action lawsuit or class-wide arbitration.

15. Changes to the Service

We may modify, suspend, or discontinue the Service or any part thereof at any time without notice. We are not liable for any such changes or their impact on your use of the Service.

16. Contact Information

For questions or concerns about this Agreement or the Service, please contact us at:

17. Miscellaneous

• Entire Agreement: This Agreement, together with the Privacy Policy and any other referenced policies, constitutes the entire agreement between you and Mongul regarding the Service.
• Severability: If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.
• Assignment: You may not assign your rights or obligations under this Agreement without our prior written consent. We may assign this Agreement at our discretion.
• Waiver: Our failure to enforce any provision of this Agreement does not constitute a waiver of that provision.