Our mass texting software tool (the "Service") allows users to send and manage text messages to their opted-in contacts. You are responsible for (i) ensuring that the recipients have consent to receive text messages and (ii) the use of this tool in compliance with all applicable laws and regulations. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, do not use the Service.
1. Description of Service
The Service provides a platform for sending bulk text messages. We may update, modify, or discontinue any part of the Service at any time, with or without notice.
2. User Responsibilities and Acceptable Use
You are responsible for your conduct, the content of your messages, and your compliance with these Terms. You agree to use the Service in compliance with all applicable local, state, national, and international laws, regulations, and industry guidelines, including but not limited to:
- Telephone Consumer Protection Act (TCPA): You must obtain prior express written consent from recipients before sending them any commercial text messages. For informational messages, prior express consent is required. You are solely responsible for obtaining and maintaining records of such consent.
- CTIA Guidelines: You must adhere to the best practices and guidelines set forth by the CTIA (Cellular Telecommunications Industry Association).
- CAN-SPAM Act (for messages that could be construed as commercial email sent via SMS gateway): Ensure compliance with its provisions if applicable.
- Anti-Spam Laws: You will not use the Service to send unsolicited messages (spam).
- Content Restrictions: You agree not to send messages that are:
- Unlawful, harassing, abusive, threatening, defamatory, obscene, libelous, or invasive of another's privacy.
- Infringing upon the intellectual property rights of others.
- Containing viruses, Trojan horses, worms, time bombs, or other harmful or malicious software.
- Related to illegal products or services, hate speech, or promote discrimination.
- Misleading, false, or deceptive (e.g., phishing, spoofing).
- In violation of any carrier policies or requirements.
You specifically agree NOT to:
- Use the Service to send messages to individuals who have not explicitly consented to receive them from you.
- Conceal or misrepresent the identity of the sender.
- Harvest or collect phone numbers or other personal information without consent.
- Use purchased, rented, or third-party lists of phone numbers.
- Violate any opt-out requests promptly. All messages must include clear opt-out instructions (e.g., "Reply STOP to unsubscribe").
- Exceed message volume limitations or sending rates that could disrupt network stability, as may be communicated by us from time to time.
- Attempt to gain unauthorized access to the Service, other accounts, computer systems, or networks connected to the Service.
- Use the Service for emergency services or any critical communications (e.g., 911 calls).
We reserve the right to suspend or terminate your access to the Service immediately, without notice, for any violation of these acceptable use provisions. You are responsible for all activity occurring under your account.
3. Content Ownership and Licensing
- Your Content: You retain all ownership rights to the content you create and send through the Service ("Your Content"), including your contact lists and message copy. You grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify (for formatting), transmit, and display Your Content solely to the extent necessary to provide and improve the Service
- Our Content: The Service, including its software, look and feel, branding, and all underlying technology and intellectual property rights, are and will remain the exclusive property of [Your Company Name] and its licensors.
4. Privacy and Data Protection
Our Privacy Policy explains how we collect, use, and protect personal information. By using the Service, you agree to the terms of our Privacy Policy. You are responsible for ensuring that your use of the Service, including the collection and processing of your contacts' personal information, complies with all applicable data privacy laws (e.g., GDPR, CCPA).
5. Fees and Payment (Customize as needed)
- Payment Terms: You agree to pay all applicable fees when due. All fees are non-refundable except as expressly stated otherwise or required by law.
- Usage-Based Fees: Some services may be charged based on usage (e.g., per message sent in excess of a threshold). You will be billed for such usage at a rate as described herein or within the tool.
- Taxes: All fees are exclusive of applicable taxes, which you are responsible for paying.
- Late Payments: Late payments may incur interest charges and/or result in suspension or termination of your account.
6. Term and Termination
- Term: These Terms will remain in effect as long as you use the Service.
- Termination by Us: We may suspend or terminate your access to the Service at any time, for any reason, including, but not limited to, your breach of these Terms, inactivity, or if we discontinue the Service. We will make reasonable efforts to notify you prior to termination, where feasible.
- Effect of Termination: Upon termination, your right to use the Service will cease immediately. Provisions of these Terms that by their nature should survive termination will survive (including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability).
7. Disclaimers and Limitation of Liability
- Disclaimer of Warranties: THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT MESSAGE DELIVERY WILL BE TIMELY OR SUCCESSFUL. MESSAGE DELIVERY IS SUBJECT TO THE FUNCTIONALITY AND LIMITATIONS OF TELECOMMUNICATIONS CARRIERS AND NETWORKS.
- Limitation of Liability: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE OR OUR AFFILIATES, DIRECTORS, MANGAGERS, MEMBERS<EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SERVICE. OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT PAID BY YOU TO US FOR THE SERVICE IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
8. Indemnification
You agree to defend, indemnify, and hold harmless us and our affiliates, officers, directors, managers, members, employees, and agents from and against any and all claims, damages, obligations, losses,
liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
- Your use of and access to the Service;
- Your violation of any term of these Terms, including your representations and warranties regarding consent and acceptable use;
- Your violation of any third-party right, including without limitation any right of privacy, publicity rights, or intellectual property rights;
- Your violation of any applicable law, rule, or regulation;
- Your text content, including any claim that Your content caused damage to a third party.
9. Governing Law and Dispute Resolution
These Terms shall be governed by the laws of the State of Texas, United States, without regard to its conflict of law principles. Any dispute arising from or relating to the subject matter of these Terms shall be finally settled by arbitration in Austin, Texas. Judgment upon the award rendered by such arbitrator may be entered in any court of competent jurisdiction. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator.
10. Modifications to Terms
We reserve the right to modify these Terms at any time. We will notify you of any material changes by posting the new Terms on our website, sending you an email, or through other communication channels. Your continued use of the Service after such changes constitutes your acceptance of the new Terms. You are encouraged to review these Terms periodically for any updates or changes.
11. General Provisions
- No Waiver: Our failure to enforce any part of these Terms shall not constitute a waiver of our right to later enforce that or any other part of these Terms.
- Assignment: You may not assign these Terms or any of your rights or obligations hereunder, whether by operation of law or otherwise, without our prior written consent, and any attempted assignment without such consent will be void. We may assign these Terms or any of our rights and obligations hereunder without your consent.
- Force Majeure: We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.