Vuelve Messaging & Compliance Terms
By installing and using the Vuelve application (the "Service"), you (the "Merchant") agree to the following terms regarding customer communications, automated messaging, and legal compliance.
Merchant as Sole Data Controller
The Merchant acknowledges that Vuelve is a technical service provider (Data Processor) only. The Merchant is the sole "Sender" and "Data Controller" of all communications initiated through the platform. The Merchant assumes absolute and exclusive responsibility for the legal validity of customer consent and the legality of all messages—marketing, transactional, or otherwise.
Consent Configuration & Pre-Checked Features
The Merchant acknowledges that Vuelve provides a "Pre-Checked" consent checkbox option as a feature intended for conversion optimization.- Merchant Audit Duty: It is the Merchant's sole responsibility to determine if a "Pre-Checked" box is legally permissible in their specific jurisdiction or the jurisdiction of their customers.
- Configuration Control: Vuelve provides the Merchant with the immediate technical ability to toggle the "Pre-Checked" state on or off. The Merchant's choice to utilize this feature constitutes an express confirmation that the configuration aligns with local anti-spam and privacy laws.
- No Legal Advice: The Merchant agrees that the availability of any initial default setting is for technical convenience only and does not constitute a guarantee of legal compliance by Vuelve.
Absolute Release of Liability
VUELVE SHALL NOT BE LIABLE FOR ANY STATUTORY DAMAGES, FINES, REGULATORY PENALTIES, OR LEGAL CLAIMS ARISING FROM THE MERCHANT'S FAILURE TO OBTAIN VALID LEGAL CONSENT OR FOR VIOLATIONS OF ANY REGIONAL ANTI-SPAM LAWS OR ELECTRONIC COMMUNICATION REGULATIONS.
The Merchant acknowledges that in many jurisdictions, "Spam Law" violations can result in significant statutory damages per message sent without proof of actual damage. The Merchant assumes all financial and legal risks associated with such claims.
Global Compliance Warranty
The Merchant represents and warrants that their use of Vuelve complies with all applicable international and local regulations, including but not limited to the TCPA (US), GDPR (EU/UK), and all other national telecommunications acts. The Merchant is responsible for monitoring changes in their local laws that may affect their messaging practices.
Indemnification
The Merchant agrees to indemnify, defend, and hold harmless Vuelve, its officers, and its affiliates from any third-party claims, class-action lawsuits, legal fees, or regulatory actions resulting from the Merchant's use of the Service or any alleged misuse of messaging consent.
API Compliance & Termination
Merchant accounts must comply with the Acceptable Use Policies of third-party providers (including Twilio and WhatsApp). Vuelve reserves the right to suspend Service if the Merchant’s messaging activity generates excessive spam reports or opt-out requests, as this may impact the Service's delivery infrastructure.