Terms of Service

Acceptance of these terms

These Terms of Service form a binding agreement between you (and the organization you represent) and Servus Messaging GmbH, Vienna, Austria. By creating an account, accessing the platform, or using our APIs, you agree to these Terms. If you are entering into them on behalf of a company, you confirm you have authority to bind that company.

If you do not agree, do not use the service. We may reference additional policies — such as our Privacy Policy, Data Processing Agreement, and Acceptable Use rules — which are incorporated by reference.

Description of the service

Servus is an omnichannel messaging platform that lets businesses design templates and send and receive messages across WhatsApp, SMS, email, and push, with delivery tracking, automations, and APIs. Features, channels, and limits vary by plan and may change as we improve the product.

Some channels depend on third-party providers (for example WhatsApp Business, SMS carriers, and email infrastructure). Your use of those channels is also subject to the providers' own policies, and availability may be affected by factors outside our control.

Accounts and eligibility

You must be at least 18 years old and able to form a binding contract to use Servus. You are responsible for the accuracy of your account information, for keeping your credentials and API keys confidential, and for all activity under your account. Notify us promptly at [email protected] if you suspect unauthorized use.

Acceptable use and anti-spam

Messaging is a privilege that depends on recipient trust. You agree to use Servus lawfully and to respect the channel rules. In particular:

• Obtain consent — only message recipients who have opted in or otherwise consented as required by law and by the relevant channel.
• Honor opt-outs — promptly stop messaging anyone who unsubscribes, replies STOP, or otherwise withdraws consent.
• Follow channel policies — comply with WhatsApp Business policies, SMS carrier and telecom rules, and email and anti-spam laws such as the GDPR and CAN-SPAM where applicable.
• No prohibited content — do not send illegal, fraudulent, deceptive, harassing, hateful, or malicious content, or content that infringes others' rights.
• No abuse of the platform — do not attempt to bypass rate limits, reverse-engineer the service, or interfere with its security or integrity.

Customer responsibilities

You are responsible for the contacts you upload, the consent behind them, and the content you send. As between you and Servus, you are the controller of recipient data and must provide all required notices and lawful bases. You will indemnify recipients' rights are your responsibility, and you must maintain records of consent where the law requires it.

You are also responsible for configuring your account securely, managing your team's access, and complying with all laws that apply to your messaging programs.

Fees, billing, trials, and free tier

Paid plans are billed in advance on the cycle shown at checkout; usage-based charges (such as per-message or per-channel fees) are billed in arrears. Fees are exclusive of taxes unless stated otherwise, and you authorize us to charge your payment method for all amounts due.

We may offer free trials or a free tier with limited capacity; we may change or end those offers at any time. Except where required by law, fees are non-refundable. If you do not pay when due, we may suspend or limit the service after reasonable notice.

Suspension and termination

You may stop using Servus and close your account at any time. We may suspend or terminate access if you breach these Terms, create risk or legal exposure for us, fail to pay, or use the service in a way that threatens its security or other users.

On termination, your right to use the service ends. We will make your data available for export for a limited period and then delete or return it in accordance with our Data Processing Agreement and applicable law.

Intellectual property

Servus and all related software, branding, and documentation are owned by Servus Messaging GmbH and its licensors. We grant you a limited, non-exclusive, non-transferable right to use the service during your subscription. You retain ownership of your own content and data; you grant us the rights needed to operate the service and deliver your messages.

Disclaimers and limitation of liability

The service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and we do not guarantee uninterrupted or error-free delivery, since messaging depends on third-party networks.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, or consequential damages, and Servus's total aggregate liability arising out of or related to the service is limited to the fees you paid in the twelve months before the event giving rise to the claim. Nothing here limits liability that cannot be limited under applicable law.

Indemnification, governing law, and changes

You agree to indemnify and hold Servus harmless from claims arising out of your content, your messaging programs, or your breach of these Terms or applicable law.

These Terms are governed by the laws of Austria, and the courts of Vienna have exclusive jurisdiction, subject to any mandatory consumer-protection rights. We may update these Terms; we will post the new version and, where material, give reasonable notice. Questions go to [email protected].