Effective date: [EFFECTIVE DATE]
These Terms of Service (“Terms”) govern your use of BulkText, the messaging and customer-relationship platform provided
by [COMPANY LEGAL NAME] (“we”, “us”). By creating an account or using the Service you agree to these Terms. If you use
the Service for an organization, you accept these Terms for that organization.
1. The Service
BulkText lets you send and receive text messages, iMessages and email, manage contacts, and use related tools such as
flows, sequences, forms, pages, documents and e-signature, appointments and invoices. Features may change over time.
Accounts are by invitation.
2. Your account
You must give accurate information, keep your login secure and tell us promptly about any unauthorized use. You are
responsible for activity under your account and your workspace members.
3. Messaging rules and consent
- You may message only people who have given the consent required by law, including the Telephone Consumer Protection
Act (TCPA), the CAN-SPAM Act and carrier and industry rules, and you must keep records of that consent. - You must honor opt-outs (such as STOP replies and unsubscribe requests) promptly; the Service suppresses opted-out
contacts, and you must not work around that. - You must identify yourself in messages, respect quiet hours and sending limits, and not send spam, phishing, illegal
content, or content that is deceptive, harassing or infringing. - We may pause, limit or refuse sending that we reasonably believe breaks these rules or puts the Service, our
providers or recipients at risk.
4. Acceptable use
You will not misuse the Service: no unlawful activity, no attempt to break or bypass security or limits, no
interference with other users, no reverse engineering except where the law allows, and no reselling of the Service
without our written permission.
5. Your content
You keep ownership of the content and contact data you put in the Service. You grant us the rights needed to host,
process and transmit it to provide the Service. You are responsible for your content and for having the rights and
consents it requires. Our handling of personal information is described in our
Privacy Policy.
6. Third-party services
Some features connect to services you choose, such as Google, Stripe, QuickBooks, WooCommerce, carriers and email
providers. Your use of them is governed by their terms, and we are not responsible for them.
7. Fees and payment
Paid plans, if any, are billed as stated when you subscribe. Fees are non-refundable except where the law requires
otherwise. Payments you collect from your own customers through the Service are processed by your connected payment
provider under its terms.
8. Our intellectual property
The Service, its software and branding belong to us or our licensors. These Terms give you a limited, non-exclusive,
non-transferable right to use the Service while your account is in good standing. Parts of the Service include open
source software under its own licenses.
9. Suspension and termination
You may stop using the Service at any time. We may suspend or end your access if you break these Terms, if required by
law, or to protect the Service or others. On termination you may request an export of your content for 30 days, after
which we may delete it.
10. Disclaimers
THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. We do not guarantee that
every message will be delivered; delivery depends on carriers and providers outside our control.
11. Limitation of liability
TO THE EXTENT THE LAW ALLOWS, WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES,
OR LOST PROFITS, DATA OR GOODWILL. OUR TOTAL LIABILITY FOR ANY CLAIM IS LIMITED TO THE AMOUNT YOU PAID US FOR THE SERVICE
IN THE 12 MONTHS BEFORE THE CLAIM, OR US $100 IF GREATER.
12. Indemnity
You will defend and indemnify us against claims arising from your content, your messages (including any claim that
you lacked consent) or your breach of these Terms or the law.
13. Governing law
These Terms are governed by the laws of the State of [STATE], without regard to its conflict-of-law rules. Disputes
will be brought in the state or federal courts located in [STATE], and you and we consent to their jurisdiction.
14. Changes
We may update these Terms. We will post the new version here with a new effective date and, for material changes,
notify you by email or in the Service. Continued use after the change means you accept it.
15. Contact us
[COMPANY LEGAL NAME]
[MAILING ADDRESS]
Email: [CONTACT EMAIL]