1. Definitions

In these Terms: "DRIVEN2U", "we" or "us" means DRIVEN2U, the provider of the OneSend2U platform; "Customer" or "you" means the entity or individual subscribing to the Service; "Service" means the OneSend2U communications platform, including its API, web portal, SDKs and documentation; "Authorized Users" means individuals you authorize to access the Service under your account; "Subscription" means the plan and term you select; "Messaging Provider" means a third-party carrier or gateway (such as Twilio, Infobip, Meta or an SMTP relay server) used to deliver messages; "Customer Data" means data you or your Authorized Users submit to the Service, including recipients, message content and consent records.

2. The Service and Right to Use

2.1 Right to Use. Subject to these Terms and payment of the applicable fees, we grant you a non-exclusive, non-transferable and non-sublicensable right to access and use the Service during the Subscription term for your internal business purposes.

2.2 Early Access, Beta and Trials. Where the Service, or a feature, is offered on an early-access, beta or trial basis, it is provided "as is" for evaluation, may change or be withdrawn at any time, and may be subject to additional limits.

2.3 Accounts and Authorized Users. You are responsible for all activity under your account and for keeping API keys and credentials confidential. You must ensure your Authorized Users comply with these Terms.

3. Acceptable Use and Restrictions

You agree not to: (a) reverse engineer, decompile or attempt to derive the source code of the Service, except where permitted by law; (b) resell, sublicense or provide the Service to third parties except as expressly allowed; (c) use the Service to send unlawful, fraudulent, infringing, abusive or unsolicited messages (spam), or content that violates applicable messaging, privacy or consumer-protection laws; (d) send messages to recipients who have not provided the required consent, or after they have opted out; (e) interfere with or disrupt the integrity or performance of the Service; or (f) use the Service to build a competing product. You are solely responsible for the content of the messages you send and for complying with the rules of each Messaging Provider and channel, including carrier and Meta/WhatsApp policies.

4. Messaging Providers, Bring Your Own Provider and No Markup

4.1 Bring Your Own Provider. You may connect your own Messaging Provider accounts (such as Twilio, Infobip, Meta or an SMTP relay server). Your contract with each Messaging Provider remains directly between you and that provider, and you are responsible for their fees, terms and acceptable-use policies.

4.2 No Markup. Where you use your own provider accounts, DRIVEN2U charges only its platform fee and does not mark up, resell or take a margin on provider message charges.

4.3 Managed Providers. Where you choose a OneSend2U-managed provider, the corresponding usage is invoiced by us in addition to your platform fee, as described on the Pricing page.

4.4 Provider Availability. We are not responsible for the acts, omissions, outages, pricing or policy changes of any Messaging Provider.

5. Customer Data and Privacy

5.1 Ownership. As between the parties, you retain all rights to your Customer Data. You grant us a limited right to process Customer Data solely to provide and support the Service.

5.2 Processing. We process message content only for the purpose of delivery and do not analyze, mine or use it for any other purpose. Details of our data residency, processing and sub-processors are published in our Trust Center.

5.3 Your Responsibilities. You are responsible for the lawfulness of your Customer Data, for obtaining and recording any consent required to contact recipients, and for honoring opt-outs.

5.4 Data Protection. Each party will comply with applicable data-protection laws, including the GDPR. Where we act as a processor of personal data on your behalf, that processing is governed by a separate Data Processing Agreement.

6. Fees and Payment

6.1 Fees. You agree to pay the subscription and usage fees for the plan you select, as set out on the Pricing page or in an order form. Plans may be billed monthly or annually.

6.2 Taxes. Fees are exclusive of taxes; you are responsible for any applicable taxes other than those on our net income.

6.3 Changes to Fees. We may change fees with prior notice, effective at the start of your next renewal term.

6.4 Late Payment. We may suspend the Service if undisputed fees remain unpaid after a reasonable cure period.

7. Term and Termination

7.1 Term. These Terms apply for the duration of your Subscription and any renewals.

7.2 Termination for Cause. Either party may terminate for a material breach that remains uncured 30 days after written notice.

7.3 Effect of Termination. On termination, your right to use the Service ends and any outstanding fees become due. You may export your Customer Data during the Subscription and for a limited period afterwards, after which we may delete it in accordance with our retention practices.

8. Service Levels and Support

We provide the Service with commercially reasonable skill and care, and offer support according to your plan. Target availability and support response times, where applicable, are described in your plan or an order form. Planned maintenance and factors outside our reasonable control, including Messaging Provider outages, are excluded from availability commitments.

9. Confidentiality

Each party may receive confidential information of the other. The receiving party will protect it with reasonable care, use it only to perform under these Terms, and not disclose it except to personnel and advisors with a need to know. This does not apply to information that is public, independently developed, or rightfully received from a third party.

10. Intellectual Property and Feedback

10.1 Ownership. We retain all right, title and interest in the Service, including its software, documentation and trademarks. No rights are granted other than those expressly stated in these Terms.

10.2 Feedback. If you provide feedback or suggestions about the Service, you grant us a perpetual, royalty-free right to use it to improve our products, with no obligation to you.

11. Warranties and Disclaimers

Except as expressly stated in these Terms, the Service is provided "as is" and "as available". To the maximum extent permitted by law, we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the Service will be uninterrupted or error-free, or that any individual message will be delivered, as delivery ultimately depends on Messaging Providers and recipient networks.

12. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special or consequential damages, or for lost profits or revenue. Each party's total liability arising out of or related to these Terms will not exceed the fees you paid for the Service in the 12 months preceding the event giving rise to the claim. Nothing in these Terms limits liability that cannot be limited under applicable law.

13. Indemnification

13.1 By Us. We will defend you, at our expense, against any third-party claim alleging that the Service, as provided by us and used in accordance with these Terms, infringes that third party's intellectual-property rights, and we will pay the costs and damages finally awarded against you, or agreed in settlement. This obligation does not apply to claims arising from your message content, your configuration or routing choices, or any Messaging Provider you bring.

13.2 By You. You will defend us, at your expense, against any third-party claim arising from your Customer Data, the messages you send, or your use of the Service in breach of these Terms or applicable law, and you will pay the costs and damages finally awarded against us, or agreed in settlement.

13.3 Process. The indemnified party will promptly notify the indemnifying party of the claim, give it sole control of the defense and settlement (provided that no settlement imposing a non-monetary obligation on the indemnified party is made without its consent), and provide reasonable cooperation. This Section states each party's sole liability and exclusive remedy for the third-party claims it covers.

14. Usage Data and Telemetry

We may collect non-personal technical and usage data, such as feature usage, performance metrics and error reports, to operate, secure and improve the Service. We do not sell this data. Aggregated, anonymized statistics may be used for product analytics and benchmarking.

15. Publicity

By subscribing to the Service, you grant us your approval to identify you as a customer and to use your name and logo in customer lists and marketing materials. You may withdraw this approval at any time by contacting us, after which we will stop using your name and logo in new materials within a reasonable period.

16. Miscellaneous

16.1 Changes to these Terms. We may update these Terms from time to time. Material changes will be notified in advance and take effect at the start of your next renewal term; continued use of the Service after the effective date constitutes acceptance.

16.2 Assignment. You may not assign these Terms without our consent, except to a successor in connection with a merger or sale of substantially all assets.

16.3 Governing Law. These Terms are governed by the laws of Spain, and the courts of Spain have exclusive jurisdiction, without prejudice to any mandatory consumer-protection rights.

16.4 Entire Agreement. These Terms, together with the Pricing page, the Trust Center and any order form, constitute the entire agreement between the parties and supersede prior agreements on the subject matter.

16.5 Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full effect.

17. Contact

If you have any questions about these Terms, please reach out through our Contact section.