Terms & Conditions

1. Acceptance of These Terms

These Terms of Service (“Terms”) are a binding agreement between [COMPANY NAME] (“we,” “us,” or the “Company”) and the individual or entity that registers for or uses our business text-messaging platform, website, applications, and related services (collectively, the “Service”). By creating an account, clicking to accept, or using the Service, you agree to these Terms and to our Privacy Policy and Anti-Spam Policy, which are incorporated by reference. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and “you” refers to that organization.

2. The Service

The Service enables businesses to send and receive SMS and MMS messages, manage contacts, operate a shared team inbox, schedule campaigns, place voice calls, and access delivery analytics and related tools. We may add, modify, or discontinue features at any time. Certain features (including white-label and multi-tenant capabilities) may be subject to additional terms presented at the time of purchase.

3. Eligibility and Accounts

You must be at least 18 years old and able to form a binding contract to use the Service. You agree to provide accurate, complete registration and business-verification information (including information required for carrier and 10DLC brand registration) and to keep it current. You are responsible for all activity under your account and for safeguarding your credentials. Notify us immediately of any unauthorized use.

4. Plans, Billing, and Payment

The Service is offered on subscription plans that include a monthly allotment of message credits, as described on our pricing page. By subscribing, you authorize us to charge your payment method the applicable fees on a recurring basis until you cancel.

• Message credits. One SMS segment consumes one credit; MMS messages may consume multiple credits as described on the pricing page. Unused credits roll over while your subscription remains active, unless otherwise stated for your plan.
• Carrier pass-through fees. Mobile carriers impose per-message and registration fees (including 10DLC brand and campaign registration fees) that are outside our control. These are passed through at cost and disclosed on the pricing page.
• Renewal and cancellation. Plans renew automatically each billing cycle. You may cancel at any time, effective at the end of the current cycle. Fees are non-refundable except as expressly stated in these Terms or required by law.
• Money-back guarantee. [If offered: New customers may request a full refund of subscription fees within 30 days of first purchase. Carrier pass-through fees are non-refundable.]
• Taxes. Fees are exclusive of taxes, which you are responsible for, other than taxes on our income.

5. Messaging Consent and Compliance (TCPA and Applicable Law)

You are the sender of all messages transmitted through your account. You agree to comply with all laws and industry guidelines applicable to your messaging, including the U.S. Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, the CTIA Messaging Principles and Best Practices, state telemarketing and privacy laws, and, where applicable, foreign laws such as Canada's CASL. Without limiting the foregoing, you agree that you will:

• Obtain the level of consent required by law (including prior express written consent for marketing messages) from every recipient before messaging them, and maintain records proving that consent;
• Clearly identify yourself as the sender and honor all opt-out requests promptly, including the universal STOP keyword, and not message any recipient who has opted out;
• Include opt-out instructions (e.g., “Reply STOP to unsubscribe”) where required, and disclose that message and data rates may apply;
• Message recipients only within permitted hours under applicable law; and
• Not use purchased, rented, harvested, or third-party contact lists for which you cannot demonstrate valid consent.

The Service provides tools that support compliance (such as automatic STOP handling and suppression lists), but these tools do not constitute legal advice, and their availability does not relieve you of your own compliance obligations. You are solely responsible for your messaging.

6. Acceptable Use and Prohibited Content

You may not use the Service to send content that is illegal, fraudulent, deceptive, or abusive, or that violates carrier policies. Prohibited uses include, without limitation:

• Content involving sex, hate, alcohol, firearms, or tobacco (“SHAFT”) except as expressly permitted by carrier rules with appropriate age-gating;
• Phishing, smishing, malware, or attempts to collect sensitive information (such as passwords or Social Security numbers) by deception;
• High-risk or carrier-restricted categories, including debt collection or forgiveness, payday or high-interest loans, cannabis, illegal drugs, gambling where prohibited, get-rich-quick or multi-level marketing schemes, and third-party lead generation or list resale;
• Harassment, threats, defamation, or content that is obscene or exploits minors in any way;
• Snowshoeing, grey routes, content designed to evade carrier filtering, or misrepresenting the identity of the sender; and
• Interfering with the Service, probing or testing its security, reselling access except through an authorized white-label or reseller agreement, or using the Service to build a competing product.

We may monitor aggregate traffic patterns and investigate suspected violations. We may remove content, suspend campaigns, or suspend or terminate accounts that violate this Section, with or without notice, and we may report unlawful activity to authorities.

7. Carrier Registration and Message Delivery

Delivery of messages depends on mobile carriers and other intermediaries we do not control. U.S. carriers require registration of your brand and campaigns (10DLC) before high-volume local-number messaging is permitted; you agree to provide accurate registration information and acknowledge that carriers may approve, reject, or revoke campaigns in their discretion. We do not guarantee delivery, delivery time, or continuous availability of any number type, and carriers may filter or block messages, impose fees, or change requirements at any time. Telephone numbers provisioned through the Service are licensed to you for use with the Service; number portability upon cancellation is supported where technically and legally feasible.

8. Your Data and Contact Lists

As between you and us, you own your contact lists, message content, and other data you submit to the Service (“Customer Data”). You grant us a limited license to host, process, transmit, and display Customer Data solely to provide and improve the Service, comply with law, and enforce these Terms. You represent and warrant that you have all rights and consents necessary to submit Customer Data and to have it processed as described. Upon termination, you may export your Customer Data for a period of [30] days, after which we may delete it in accordance with our retention practices.

9. Intellectual Property

The Service, including its software, design, and documentation, is owned by the Company and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable right to use the Service during your subscription in accordance with these Terms. You may not copy, modify, reverse-engineer, or create derivative works of the Service except as permitted by law. Feedback you provide may be used by us without restriction or obligation.

10. Third-Party Services

The Service may interoperate with third-party services (such as integrations, payment processors, and telecommunications providers). Your use of third-party services is governed by their terms, and we are not responsible for their acts or omissions.

11. Suspension and Termination

You may stop using the Service and cancel at any time. We may suspend or terminate your access immediately if you breach these Terms, if your messaging generates excessive complaints or carrier violations, if required by a carrier or by law, or if your account presents a security or legal risk. Where practicable, we will provide notice and an opportunity to cure. Sections that by their nature should survive termination (including Sections 8, 9, and 12 through 15) will survive.

12. Disclaimers

The Service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or secure, or that messages will be delivered. Nothing in the Service constitutes legal advice regarding your messaging compliance.

13. Limitation of Liability

To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of or related to the Service, even if advised of the possibility. Our total liability for all claims arising out of or related to the Service will not exceed the amounts you paid us for the Service in the twelve (12) months before the event giving rise to the claim. These limits do not apply to your indemnification obligations or your breach of Sections 5 or 6.

14. Indemnification

You will defend, indemnify, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, damages, fines, penalties, and expenses (including reasonable attorneys' fees) arising out of or related to (a) your messaging, including any claim under the TCPA or similar law; (b) Customer Data; (c) your breach of these Terms; or (d) your violation of law or the rights of any third party.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of [STATE], without regard to conflict-of-laws rules. [Optional arbitration clause for counsel review: Any dispute arising out of or relating to these Terms or the Service will be resolved by binding individual arbitration administered by [ARBITRATION BODY], and the parties waive the right to a jury trial and to participate in a class action.] Claims not subject to arbitration will be brought exclusively in the state or federal courts located in [COUNTY, STATE].

16. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or in-app notice at least [14] days before the changes take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms.

17. General

These Terms, together with the policies incorporated by reference and any order form, are the entire agreement between the parties regarding the Service. If any provision is unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Notices to us should be sent to [CONTACT EMAIL] or [MAILING ADDRESS].

18. Contact

Questions about these Terms may be directed to [COMPANY NAME], [MAILING ADDRESS], [CONTACT EMAIL].