Terms of Service

These Terms of Service ("Terms") govern your access to and use of the ExtremeSMS for MCA platform (the "Service") operated by ExtremeSMS for MCA ("ExtremeSMS", "we", "our", "us"). By creating an account, accessing, or using the Service, you ("Customer", "you") agree to be bound by these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

1. The Service

The Service provides Customers with software for sending application-to-person (A2P) SMS messages, receiving inbound replies, managing contact lists and suppression lists, automating drip sequences, scheduling campaigns, and reviewing delivery and conversation analytics. We rely on third-party SMS connectivity providers and underlying carriers for actual message transmission; their availability and behavior are outside our direct control.

2. Eligibility and Accounts

• You must be at least 18 years of age and authorized to conduct business in the United States.
• You must provide accurate, current, and complete information when registering and keep it up to date.
• You are responsible for all activity under your account, including activity by users you invite, and for maintaining the confidentiality of your credentials.
• We may refuse, suspend, or terminate registration for any account, including for non-payment, suspected abuse, or violation of these Terms.

3. Acceptable Use

You agree that you will not use the Service to:

• Send any message to a recipient from whom you have not obtained prior express written consent in compliance with the U.S. Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, applicable Federal Communications Commission rules, the CAN-SPAM Act, A2P 10DLC carrier rules, the CTIA Messaging Principles and Best Practices, and any other applicable federal, state, or local law.
• Send content that is unlawful, fraudulent, deceptive, defamatory, obscene, harassing, or that infringes the rights of others.
• Send content in any of the categories restricted by U.S. carriers, including but not limited to high-risk financial services not authorized under your registered campaign use case, illegal substances, hate speech, sexual content, or any content prohibited by carrier-specific rules.
• Continue to send messages to any recipient who has opted out by replying STOP, UNSUBSCRIBE, QUIT, CANCEL, END, or similar opt-out keyword, or who has otherwise revoked consent.
• Use purchased, scraped, or third-party lists of phone numbers for which consent cannot be demonstrated.
• Disguise the identity of the sender, falsify originating phone numbers, or otherwise circumvent caller-ID, sender-ID, or opt-out mechanisms.
• Reverse engineer, copy, modify, distribute, sell, or sublicense the Service or any portion of it, or attempt to access non-public portions of the Service.
• Probe, scan, or test the vulnerability of the Service, or breach any security or authentication measure.
• Use the Service to compete with us or to develop a competing product.

3.1 Consent and compliance — Customer responsibilities

You are solely responsible for: (a) obtaining and maintaining proof of consent from each recipient before sending a message; (b) including required disclosures in your messages (sender identification, opt-out instructions, message-and-data-rates notice when applicable); (c) honoring opt-out requests promptly and on every channel; (d) maintaining your own records of consent and opt-out for the periods required by law; and (e) registering each brand and campaign required under U.S. A2P 10DLC rules and abiding by the use cases registered.

4. Suspension for Violations

We may suspend or terminate your account, throttle or block your traffic, and cooperate with carriers, regulators, and law enforcement, immediately and without notice, if we reasonably believe you have violated Section 3 or are causing harm to recipients, carriers, the Service, or our reputation. Carriers may independently block, fine, or de-register Customer traffic; any such carrier action is binding on us.

5. Fees, Billing, and Refunds

• The Service operates on a prepaid balance model. You fund your account in advance, and each accepted outbound message segment is deducted from your balance at the rate displayed in your account.
• Rates and surcharges may be changed at any time with reasonable notice through the Service.
• Messages rejected by the upstream provider or carrier before transmission are not charged. Messages we accept and submit to the carrier are charged regardless of whether the carrier subsequently reports delivery failure.
• Prepaid balances are non-refundable except where required by law or as we may decide at our sole discretion. Any refunds will be made to the original payment method.
• You are responsible for all taxes assessed on your use of the Service.

6. Customer Content and License

You retain all rights in the contact lists, message bodies, templates, and other content you upload or generate within the Service ("Customer Content"). You grant ExtremeSMS a worldwide, non-exclusive, royalty-free license to host, process, transmit, store, and display Customer Content solely as necessary to provide the Service to you, and to use de-identified and aggregated data for security, capacity, and product-improvement purposes.

7. Intellectual Property

The Service, including the software, dashboard, documentation, brand marks, and all related intellectual property, is and remains the property of ExtremeSMS and its licensors. Except for the limited right to use the Service in accordance with these Terms, no rights are granted to you by implication, estoppel, or otherwise.

8. Confidentiality

Each party agrees to use the other's non-public information only as necessary to perform under these Terms and to protect it with at least the same degree of care it uses for its own confidential information. This obligation does not apply to information that is or becomes publicly available without breach, was independently developed, or must be disclosed pursuant to law.

9. Term and Termination

These Terms apply from the date you first accept them until terminated. Either party may terminate at any time for any reason on written notice; we may terminate immediately for cause as described in Section 4. On termination, your right to access the Service ends; we may delete Customer Content after a reasonable retention period unless required by law to retain it longer. Sections that by their nature should survive termination will survive.

10. Disclaimers

The Service is provided "as is" and "as available" without warranty of any kind, express or implied, including the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, or free of harmful components; that messages will be delivered, received, or rendered as intended; or that any specific level of carrier deliverability, throughput, or response rate will be achieved.

11. Limitation of Liability

To the maximum extent permitted by law, in no event will ExtremeSMS or its officers, directors, employees, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, data, or use, even if advised of the possibility of such damages. ExtremeSMS's total cumulative liability arising out of or relating to these Terms or the Service will not exceed the amounts paid by you to us in the three (3) months immediately preceding the event giving rise to the claim.

12. Indemnification

You will defend, indemnify, and hold harmless ExtremeSMS and its officers, directors, employees, and affiliates from and against any third-party claim, demand, action, loss, liability, damage, fine, penalty, cost, and expense (including reasonable attorneys' fees) arising out of or relating to: (a) your use of the Service in violation of these Terms or applicable law; (b) Customer Content; (c) your failure to obtain or maintain valid consent from any recipient; (d) any TCPA, A2P 10DLC, CAN-SPAM, state mini-TCPA, carrier, or other regulatory claim brought against ExtremeSMS arising from messages you sent or caused to be sent; or (e) your infringement of third-party rights.

13. Modifications

We may modify these Terms at any time by posting a revised version through the Service and updating the "Last updated" date above. Material changes will be communicated by reasonable notice. Your continued use of the Service after the effective date constitutes acceptance of the revised Terms.

14. Governing Law and Disputes

These Terms are governed by the laws of the State of [fill in — state of formation of the operating entity], without regard to its conflict-of-laws principles. Any action arising from these Terms or the Service will be brought exclusively in the state or federal courts located in [fill in — county and state], and the parties consent to personal jurisdiction and venue there. The U.N. Convention on Contracts for the International Sale of Goods does not apply.

15. Miscellaneous

• Entire agreement: these Terms (together with any order or service-specific addendum referenced here) are the entire agreement between you and us regarding the Service and supersede any prior agreements.
• Severability: if any provision is held unenforceable, the remaining provisions remain in full force.
• No waiver: failure to enforce a provision is not a waiver of the right to enforce it later.
• Assignment: you may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, sale of assets, or financing.
• Force majeure: neither party is liable for failure or delay caused by events beyond its reasonable control, including carrier outages, natural disasters, network failures, and acts of government.
• Notices: notices to us should be sent to the contact address below. Notices to you may be sent to the contact email on your account.

16. Contact

• ExtremeSMS for MCA
• Email: legal@extremesms.net
• Web: mca.extremesms.net