Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Tercela website, APIs, SDKs, dashboards and related services (collectively, the "Services"), operated by Terglos LLC ("Terglos", "we", "us" or "our"). By creating an account, generating an API key or otherwise using the Services, you agree to be bound by these Terms. If you use the Services on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to it.

1. The Services

Tercela provides a unified API that lets you publish content, send and receive messages, run promotions and retrieve analytics across third-party social media and messaging platforms ("Connected Platforms"), such as WhatsApp, Instagram, X and TikTok. The Services act on your behalf using accounts and credentials you connect.

2. Accounts and organizations

• You must provide accurate registration information and keep it up to date.
• You are responsible for all activity under your account, organizations and API keys.
• Keep your credentials and API keys confidential. Notify us immediately at contact@tercela.com if you suspect unauthorized use.
• You must be at least 18 years old and able to form a binding contract to use the Services.

3. Connected Platforms

When you connect a third-party account, you authorize us to store your access tokens (encrypted) and to call the Connected Platform's APIs on your behalf. Your use of each Connected Platform remains subject to that platform's own terms and policies (for example, Meta, X and TikTok developer and platform terms). We are not responsible for changes, limitations, suspensions or fees imposed by Connected Platforms, and the availability of platform features may change without notice.

4. Acceptable use

You agree not to use the Services to:

• send spam, unsolicited bulk messages, or messages that violate a Connected Platform's messaging policies (including consent and opt-out requirements);
• publish or transmit content that is unlawful, deceptive, defamatory, infringing, hateful or harmful;
• violate any applicable law, including privacy, consumer-protection, telemarketing and data-protection laws;
• interfere with or disrupt the Services, probe or test vulnerabilities without authorization, or circumvent rate limits and security controls;
• resell or provide the Services to third parties in a way that masks their identity as the responsible party, unless expressly agreed in writing.

We may suspend or terminate access, remove content or throttle usage if we reasonably believe these Terms or a Connected Platform's policies are being violated.

5. Your content and data

You retain all rights to the content you submit through the Services ("Customer Content"). You grant us a limited, non-exclusive license to host, process, transmit and display Customer Content solely as necessary to provide the Services. You are responsible for Customer Content, including having all rights and consents needed to send it and to contact your recipients.

6. Fees and plans

Certain features are offered free of charge up to usage limits; paid plans and usage-based fees are described at the time of purchase. Except where required by law, fees are non-refundable. We may change pricing with at least 30 days' notice, effective on your next billing cycle. Connected Platforms may charge their own fees (for example, per-message or per-post charges), which are your responsibility.

7. APIs and rate limits

We may set and change rate limits, quotas and technical requirements for the APIs. We may modify the APIs with reasonable notice for breaking changes when practicable. Beta or preview features are provided "as is" and may be changed or discontinued at any time.

8. Intellectual property

The Services, including software, documentation, design and trademarks, are owned by Terglos or its licensors. Except for the limited right to use the Services under these Terms, no rights are granted to you. Feedback you provide may be used by us without restriction.

9. Confidentiality and security

We implement technical and organizational measures designed to protect your data, including encryption of platform access tokens at rest. No system is completely secure, and you are responsible for securing your own systems, credentials and API keys.

10. Privacy

Our collection and use of personal information is described in our Privacy Policy, which is incorporated into these Terms by reference.

11. Disclaimers

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, TERGLOS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR THAT CONNECTED PLATFORMS WILL REMAIN AVAILABLE OR UNCHANGED.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TERGLOS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUES, DATA OR GOODWILL. OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES WILL NOT EXCEED THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM (OR USD 100 IF YOU HAVE PAID NOTHING).

13. Indemnification

You will defend and indemnify Terglos against claims arising from your Customer Content, your use of the Services in violation of these Terms, or your violation of law or third-party rights, including Connected Platform policies.

14. Termination

You may stop using the Services and close your account at any time. We may suspend or terminate the Services for material breach, legal risk or extended non-payment. Upon termination, your right to use the Services ends; sections that by their nature should survive (including 5, 8, 11–13 and 16) will survive.

15. Changes to these Terms

We may update these Terms from time to time. For material changes we will provide reasonable advance notice (for example, by email or in the dashboard). Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

16. Governing law and disputes

These Terms are governed by the laws of the State of Florida, USA, without regard to its conflict-of-law rules. The state and federal courts located in Pinellas County, Florida will have exclusive jurisdiction, and each party consents to personal jurisdiction there.

17. Contact

Questions about these Terms can be sent to: