Terms and Conditions

Last updated: March 10, 2026

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("Merchant," "you," or "your") and Precii SMS ("we," "our," or "us") governing your use of the Precii SMS application and related services ("Service").

By installing, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Service.

2. Description of Service

Precii SMS is a Shopify application that provides SMS marketing and communication tools, including but not limited to:

• Sending transactional SMS notifications (order confirmations, shipping updates, delivery notifications)
• Creating and managing SMS marketing campaigns
• Automated messaging workflows (abandoned cart recovery, restock alerts)
• Customer segmentation and contact list management
• SMS analytics and performance reporting
• GDPR-compliant consent management tools

3. Account Registration and Eligibility

To use the Service, you must:

• Have an active Shopify store
• Be at least 18 years of age or the legal age of majority in your jurisdiction
• Provide accurate and complete registration information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account

We reserve the right to refuse service, terminate accounts, or cancel subscriptions at our sole discretion if these conditions are not met.

4. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in accordance with these Terms. You shall not:

• Send unsolicited SMS messages (spam) or messages to recipients who have not provided proper consent
• Send messages containing illegal, harmful, threatening, abusive, defamatory, or otherwise objectionable content
• Use the Service to transmit malware, phishing attempts, or fraudulent content
• Violate any applicable local, national, or international laws and regulations, including but not limited to GDPR, TCPA, and other telecommunications regulations
• Attempt to circumvent message volume limits, rate limits, or other Service restrictions
• Resell, sublicense, or provide the Service to third parties without our written consent
• Interfere with or disrupt the integrity or performance of the Service
• Attempt to gain unauthorized access to the Service or its related systems

5. SMS Compliance and Consent

You are solely responsible for ensuring that:

• You have obtained proper, legally valid consent from recipients before sending SMS messages
• Your messaging practices comply with all applicable laws and regulations in the jurisdictions where your recipients are located
• You provide clear opt-out mechanisms in your messages
• You honor opt-out requests promptly and maintain an accurate suppression list
• Your message content complies with carrier requirements and industry best practices

We provide tools to help you manage consent, but ultimate compliance responsibility rests with you as the merchant.

6. Pricing and Payment

Subscription fees and SMS credits are billed through Shopify's billing system. By subscribing to a paid plan, you agree to:

• Pay all applicable fees as described in your selected pricing plan
• Authorize recurring charges through your Shopify billing account
• Accept that SMS credits are consumed upon message submission and are non-refundable once sent
• Acknowledge that pricing may change with 30 days' prior notice

Unused SMS credits do not roll over between billing periods unless explicitly stated in your plan. Refunds for subscription fees are provided at our discretion.

7. Service Availability and Limitations

While we strive to maintain high availability, we do not guarantee uninterrupted or error-free service. The Service may be subject to:

• Scheduled maintenance windows (with reasonable advance notice)
• Carrier network outages or delays beyond our control
• Rate limiting or throttling to maintain system stability
• Geographic restrictions based on carrier availability

Message delivery is dependent on third-party carriers and networks. We do not guarantee delivery of every message, as factors such as invalid phone numbers, carrier filtering, and network issues may affect delivery rates.

8. Intellectual Property

The Service, including its design, features, code, documentation, and branding, is owned by Precii SMS and protected by intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to use the Service for your business purposes during the term of your subscription.

You retain ownership of your content, including message templates, customer data, and campaign configurations. By using the Service, you grant us a limited license to process this content solely to provide the Service.

9. Data Processing

Our handling of personal data is governed by our Privacy Policy. By using the Service, you acknowledge that:

• We act as a data processor on your behalf for customer data you provide
• You remain the data controller and are responsible for the lawfulness of the data you process through our Service
• You have a legal basis for processing your customers' personal data, including phone numbers

10. Limitation of Liability

To the maximum extent permitted by applicable law:

• The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied
• We shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the Service
• Our total aggregate liability for any claims related to the Service shall not exceed the total fees paid by you in the twelve (12) months preceding the claim
• We are not liable for damages resulting from carrier network failures, message non-delivery, or third-party service interruptions

11. Indemnification

You agree to indemnify, defend, and hold harmless Precii SMS and its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law or regulation
• Your SMS messaging practices, including non-compliance with consent requirements
• Any content you transmit through the Service

12. Termination

Either party may terminate the agreement:

• By You: You may uninstall the app from your Shopify store at any time. Uninstalling will terminate your access to the Service.
• By Us: We may suspend or terminate your access immediately if you breach these Terms, engage in prohibited activities, or fail to pay applicable fees.

Upon termination, your right to use the Service ceases immediately. We will delete your data in accordance with our Privacy Policy, typically within 30 days of termination.

13. Modifications to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting updated Terms on this page and, where possible, through in-app notifications or email. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

14. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to its conflict of laws principles. Any disputes arising from these Terms or the Service shall be resolved in the courts of Vilnius, Lithuania.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

16. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Precii SMS regarding the Service and supersede all prior agreements, understandings, and communications.

17. Contact Information

For questions about these Terms, please contact us:

• Email: [email protected]
• Phone: +370 684 97844
• Address: Vilnius, Lithuania