Terms of Service
Last update: January 8, 2026
Please read these Terms of Service (TOS) carefully before using our software as a service product. These TOS set forth the terms and conditions governing use of our software.
1. Acceptance of Terms
By using our software, you agree to be bound by these TOS. If you do not agree with these TOS, you should not use our software.
2. Data Security and Privacy
We prioritize the security and privacy of your data. However, the internet is not entirely secure, and we cannot guarantee the absolute security of your data. Nevertheless, we value your security and privacy as explained in our Privacy Policy, which we encourage you to review to understand how we handle and protect your data. By using our software, you agree to comply with our Privacy Policy, all applicable consumer privacy laws, and the California Privacy Protection Agency requirements if applicable.
3. User Responsibilities
You are solely responsible for your use of our software. By using our software, you agree to the following:
A.
You are prohibited from using our software for any unlawful purpose or in violation of any applicable laws or regulations whether local, state, or federal. It is not our responsibility to ensure your full compliance with regulatory commissions or government agencies; it is the sole responsibility of the end user.
b.
You are responsible to determine if our software is a viable solution for you and your company.
c.
You will not interfere with or disrupt the integrity or performance of our software.
d.
You will make no attempt to gain unauthorized access to our software or networks, reverse engineer, decompile, or disassemble our software, or attempt to derive its source code.
e.
At all times and specifically while communicating through our system, all users and accounts must follow their specific governing rules for SMS opt-in based on their country of origin and the countries in which they operate.
f.
Your use of our software must adhere to all applicable data privacy laws. The end-user is responsible to understand and follow all applicable laws and regulations governing data privacy.
g.
Application-to-Person registration is required.
h.
Comply with the Telephone Consumer Protection Act with opt-in specific language and opt-out messaging.
i.
Comply with CAN-SPAM Act rules and its opt-in and opt-out requirements. You must obtain your contacts legally. Failure to comply may result in account cancellation.
j.
Billing will be automated through ACH, e-checks, or paper checks. If timely payment is not made, the system may be restricted and access limited until payment has been made.
k.
All signed MSAs and SOWs are separate agreements, and where any conflicts of terms may exist between them and these TOS, the MSAs/SOWs supersede these TOS.
l.
Any and all data placed in the system by a user is owned by the user. We may perform anonymized analysis that may include such data, and share the anonymized results for any lawful business purpose per our discretion pursuant to our Privacy Policy.
m.
No abusive, vulgar, or profane communication is allowed. We retain the right to audit such abuses, and terminate agreements accordingly.
n.
Cannabis. Messages related to recreational cannabis are not allowed in the United States because federal laws prohibit its sale, even though some states have legalized it. Similarly, messages related to CBD are not allowed in the United States because certain states prohibit its sale. A cannabis or CBD message is any message that relates to the marketing or sale of a cannabis or CBD product, regardless of whether those messages explicitly contain cannabis/CBD terms, images, or links to related websites.
o.
Prescription Medication. Offers, requests, or solicitations for prescription medication that cannot legally be sold over the counter are prohibited in the United States.
p.
Loan offers through texting are not allowed through our platform per the FCC guidelines.
4. Termination
We may, at our sole discretion, terminate or suspend your access to our software at any time and for any reason, including but not limited to because of a violation of these TOS. Upon termination, you must cease all use of our software and destroy any copies in your possession. Should you wish to cancel your license or use of our software, we require 30 days written notice.
5. Disclaimer of Warranty
THE SOFTWARE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
6. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THE USE OR INABILITY TO USE OUR SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7. Governing Law and Dispute Resolution
These TOS shall be governed by and construed in accordance with the laws of the state of Utah, USA. Any dispute arising out of or relating to these TOS shall be resolved through binding arbitration in accordance with United States Arbitration & Mediation Rules of Arbitration.