Terms of Service

1. Introduction

Welcome to our Service ("we," "us," "our"). These Terms of Service ("Terms") govern your access to and use of our technology platform that provides integration services for messaging capabilities, including any related websites, applications, and services (collectively, the "Service"). Our Service is designed to provide technology that facilitates communication via various messaging protocols.

By accessing, using, or paying for our Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not access or use the Service.

2. Acceptance of Terms

Your use of the Service, including but not limited to browsing our website, creating an account, or making any payment for any plan (including "Shared Plan" or "Dedicated Plan"), constitutes your unconditional agreement to these Terms. You affirm that you are of legal age to enter into this agreement and that you will comply with these Terms.

3. Service Description and Use

The Service provides technology tools to integrate messaging communication capabilities within third-party platforms. Features and capabilities may vary depending on the selected plan.

The Service connects to third-party infrastructure, including but not limited to various messaging networks and platforms. We do not control these third-party services and are not responsible for their availability, functionality, or terms of use. Service interruptions or changes may occur due to factors beyond our control.

It is important to understand that our Service is designed to facilitate direct, peer-to-peer communication by providing an abstraction layer over existing messaging protocols. We are not a spam service, nor do we endorse or facilitate unsolicited messaging. Our goal is to simplify and enhance your ability to connect and communicate directly, not to enable mass unsolicited outreach.

4. User Accounts

You may need to register for an account to access certain features. You agree to provide accurate, current, and complete information during registration and keep it updated. You are responsible for safeguarding your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use.

5. User Obligations and Responsibilities

You agree to:

• Comply with all applicable local, state, national, and international laws, regulations, and ordinances in your use of the Service. This includes, but is not limited to, laws regarding telemarketing, messaging consent (e.g., TCPA in the U.S.), data privacy, and spam. You are solely and exclusively responsible for ensuring your use is lawful in your jurisdiction and the jurisdictions of your message recipients.
• Comply with the terms of service and acceptable use policies of all third-party services you connect with through our platform, including any messaging services or platforms. You are solely responsible for reviewing, understanding, and adhering to any third-party terms of service. You acknowledge that you are the end user of any third-party services accessed through our platform, and we are merely providing technology that connects to those services at your direction.
• Acknowledge that third-party platforms such as Apple iMessage, Mac, or iPhone may prohibit automated access, reverse engineering, or indirect integration. You agree that it is your responsibility to comply with such restrictions, and we assume no liability for violations of third-party terms resulting from your use of our Service.
• Obtain all necessary consents from message recipients before sending messages via the Service, as required by applicable law.
• Be solely responsible for the content of the messages you send using the Service and the manner in which you use our platform.

We are not liable for your failure to comply with any applicable laws or third-party terms. We do not monitor, control, or direct how you use our platform, and we expressly disclaim any responsibility for your use of the Service.

6A. Automation & API Access Compliance Notice

Our Service provides automation capabilities and API access that may be used by clients globally, including those outside the United States where regulations such as the TCPA do not apply. However, if you decide to use automations or our API to send text messages or engage in automated communication through our Service, you MUST comply with all applicable laws in your country and local jurisdiction.

For users in the United States, this includes compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and any other federal or state laws governing automated communications. For users in other countries, you must comply with your respective national and local laws regarding automated messaging, consent requirements, and privacy regulations.

We are NOT an Application-to-Person (A2P) service. For users in the United States, in accordance with TCPA regulations, there MUST be a human behind every message sent through our platform. Our service operates as a Person-to-Person (P2P) communication platform, which requires human involvement in the sending of messages. Any attempt to use our service for fully automated messaging without human involvement in the United States violates both our Terms of Service and applicable regulations. For users outside the United States, you must adhere to your local regulations regarding automated messaging and determine if your use case requires specific A2P compliance measures.

All liability regarding regulatory compliance rests solely between you and your country/local jurisdiction. You assume full responsibility for:

• Obtaining appropriate consent before sending automated messages to any recipient.
• Maintaining records of all consent obtained and honoring opt-out requests.
• Ensuring all automated messages comply with identification and opt-out requirements in your jurisdiction.
• Any fines, penalties, or legal consequences resulting from non-compliance with applicable regulations.

We accept no liability for your failure to comply with these regulations, and you agree to indemnify and hold us harmless from any claims arising from your use of automation features.

API Usage: Our API is provided for integration purposes to authorized users. When accessing our API, you agree to:

• Use the API only for the purposes and in the manner expressly permitted by these Terms.
• Not attempt to exceed or circumvent API rate limits or other usage restrictions we may implement.
• Secure your API keys and credentials, and immediately notify us of any unauthorized use.
• Acknowledge that we may modify, restrict, or discontinue the API, or your access to it, at any time without liability.
• For API users in the United States: ensure that all messaging initiated via API maintains human involvement in accordance with TCPA requirements and is not fully automated.

We reserve the right to monitor API usage for compliance with these Terms and may suspend or terminate API access for violations without notice.

6. Prohibited Uses

You agree NOT to use the Service for any of the following:

• Any illegal purpose or in violation of any local, state, national, or international law.
• Sending spam, unsolicited messages, or communications in violation of anti-spam laws (like CAN-SPAM) or telemarketing laws (like TCPA).
• Harassing, abusing, insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability.
• Infringing upon or violating our intellectual property rights or the intellectual property rights of others.
• Engaging in any reverse engineering, decompilation, disassembly, automation, scraping, or circumvention of any technical measures of the Service or third-party platforms accessed via the Service (such as iMessage), including use of unofficial APIs or unauthorized automation scripts.
• Transmitting viruses, worms, or any other malicious code.
• Interfering with or circumventing the security features of the Service or any related website, other websites, or the Internet.
• ⚠️ IMPORTANT - SHARED PLAN RESTRICTION

  Absolutely NO broadcasting, bulk messaging, mass texting, or sending substantially similar messages to multiple recipients who are not engaged in an active, consensual conversation is permitted on the Shared Plan. Violation of this rule will result in immediate and permanent termination of your account and access to the Service, without notice or refund. This is critical to maintain service integrity for all users on shared infrastructure.

• For clarity, "low-volume messaging" means 55 messages or less per day, and "high-volume messaging" means more than 55 messages per day. Shared Plan users must maintain low-volume messaging patterns.
• Excessive broadcasting or messaging patterns deemed abusive or harmful to the network on the Dedicated Plan may also result in account suspension or termination at our sole discretion.

⚠️ IMPORTANT NOTICE

Our service is designed to facilitate legitimate peer-to-peer communications, not mass messaging or spam. We provide a communication abstraction layer to simplify your messaging needs while maintaining the integrity of person-to-person conversations. We are not a spam service, and will use any means necessary to prevent spam.

7. Payment, Fees, and Refunds

Access to the Service requires payment of subscription fees as outlined on our pricing page. Fees are billed in advance on a recurring basis (typically monthly) unless otherwise specified.

REFUND POLICY A refund may be issued, at our sole discretion, only if no messages have been sent through the Service. Once a single message has been sent through the platform, ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE UNDER ANY CIRCUMSTANCES. This includes, but is not limited to, situations where your account is terminated or suspended (with or without cause), you choose to stop using the Service, or experience service interruptions. We incur significant hardware, operational, and infrastructure costs upon your subscription and message sending activation, making refunds infeasible unless no messages have been sent through the Service.

You agree not to initiate any chargebacks or disputes with your credit card provider or payment processor. In the event of a chargeback or dispute, you agree to reimburse us for the full amount of the chargeback plus any associated fees, fines, or penalties imposed by the payment processor or financial institution. We reserve the right to pursue legal action and collections to recover any outstanding amounts due to chargebacks or non-payment.

We reserve the right to change our fees or billing methods at any time. Changes will be posted on our website and/or communicated to you via email.

8. Intellectual Property

The Service and its original content (excluding content provided by users), features, and functionality are and will remain the exclusive property of us and our licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without our prior written consent.

You retain ownership of the content you send through the Service. However, you grant us a worldwide, non-exclusive, royalty-free license to transmit, store (transiently as necessary for delivery), and process your content solely for the purpose of operating and providing the Service.

9. Disclaimers

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE MAKE NO WARRANTY THAT:

• The Service will meet your requirements.
• The Service will be uninterrupted, timely, secure, error-free, or reliable.
• Message delivery will be successful, timely, or accurate.
• The results obtained from the use of the Service will be accurate or reliable.
• The quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations.
• Any errors in the Service will be corrected.

We are solely a technology platform provider. We are not affiliated with, endorsed by, or sponsored by any third-party service providers. Any third-party trademarks, logos, or service marks displayed are the property of their respective owners. We do not control, direct, or have any responsibility for how you use our platform with third-party services. We do not guarantee continued compatibility with any third-party service and are not responsible for changes to such services that impact the functionality of the Service, including disruptions caused by enforcement actions or technical countermeasures by Apple, Google, or other service providers.

10. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WE, OUR AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE, INCLUDING:

• Any conduct or content of any third party on the Service.
• Any content obtained from the Service.
• Unauthorized access, use, or alteration of your transmissions or content.
• Service interruptions, delays, number changes, or account suspensions/terminations.
• Your violation of any applicable laws or third-party terms of service (including Apple's, and selected CRM(s) you use).
• Any other matter relating to the Service.

IN NO EVENT SHALL OUR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE AMOUNTS PAID BY YOU TO US FOR THE SERVICE IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY.

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, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

11. Indemnification

You agree to defend, indemnify, and hold harmless us and our affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms.
• Your use of the Service.
• Your violation of any applicable laws, rules, or regulations.
• Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right (including violations of any third-party terms or policies).
• Any disputes or issues between you and any third party, including message recipients or third-party service providers.
• The content you send through the Service.
• Your use of any third-party services in connection with our platform.

You understand and acknowledge that we are a technology platform provider only. We do not direct or control how you use our technology, and all legal responsibility for your use of our Service rests solely with you.

12. Termination

We reserve the right, in our sole discretion, to suspend, restrict, or terminate your access to all or any part of the Service at any time, for any reason or no reason, with or without prior notice, and without liability or obligation to provide a refund. Reasons for termination may include, but are not limited to, violation of these Terms (especially the Prohibited Uses section), non-payment of fees, or activities that harm the Service, its users, or third parties.

You may terminate your account by ceasing all use of the Service and canceling your subscription (if applicable). Termination by you does not entitle you to any refund.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles.

Dispute Resolution by Binding Arbitration: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

Most user concerns can be resolved quickly by contacting us. In the unlikely event that we are unable to resolve a complaint you may have to your satisfaction (or if we have not been able to resolve a dispute we have with you after attempting to do so informally), we each agree to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction.

Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. We each agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision.

Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS, YOU AND WE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.

The arbitration will be administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules, if applicable), as modified by this Agreement. The arbitration shall take place in Los Angeles County, California.

As an alternative, you or we may bring a claim in small claims court in Los Angeles County, California, if the claim qualifies for determination in such court.

14. California Consumer Rights Notice (CCPA/CPRA)

If you are a California resident, you have certain rights under the California Consumer Privacy Act (CCPA) as amended by the California Privacy Rights Act (CPRA). Please see our Privacy Policy for a detailed description of how we collect, use, and share personal information and for instructions on how to exercise your rights as a California resident, including the right to know, delete, correct, and opt-out of the sale or sharing of your personal information (note: we typically do not "sell" personal information as commonly understood, but provide opt-out mechanisms as required).

Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (800) 952-5210.

15. Modifications to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect, such as by posting the updated Terms on our website or sending an email notification. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the website and the Service.

16. Miscellaneous

Entire Agreement: These Terms and our Privacy Policy constitute the entire agreement between you and us regarding our Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.

Severability: If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

No Waiver: No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

Assignment: You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. We may freely assign or transfer these Terms without restriction.

17. Contact Information

If you have any questions about these Terms, please contact us at: [email protected]

18. Trademarks Notice

iMessage, iPhone, Mac, and Apple are trademarks of Apple Inc., registered in the U.S. and other countries. Android is a trademark of Google LLC. All third-party trademarks, product names, and company names mentioned on the Service are the property of their respective owners and used for identification purposes only. Use of these names does not imply any affiliation with or endorsement by the trademark holders.