Terms of Service

Acceptance of Terms

By registering for, accessing, or using our Services, you agree to comply with and be legally bound by these Terms, our Privacy Policy, and all applicable laws and regulations. If you do not agree to these Terms, you may not use our Services.

Eligibility

You must be at least 18 years old and capable of forming a binding contract to use our Services. By using our Services, you represent and warrant that you meet these eligibility requirements.

Account Registration and Security

• Account Creation: To use certain features of our Services, you must create an account and provide accurate, complete, and current information.
• Account Security: You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• Unauthorized Access: You must notify us immediately at security@tabulasms.com if you suspect any unauthorized use of your account.
• Account Termination: We reserve the right to suspend or terminate your account at our discretion if you violate these Terms.

SMS Services and Consent

Our Services allow you to send and receive SMS messages. By using our SMS Services:

• You consent to receive SMS messages from TabulaSMS related to your account, service updates, and transactional notifications.
• You agree to obtain proper consent from recipients before sending them SMS messages through our platform.
• Message and data rates may apply as determined by your mobile carrier.
• Message frequency varies based on your usage and service configuration.
• You can opt out of non-essential messages by replying STOP to any message or contacting us at support@tabulasms.com.

Acceptable Use Policy

You agree NOT to use our Services to:

• Send spam, unsolicited messages, or messages to users who have not provided proper consent
• Engage in phishing, fraud, or any deceptive practices
• Send messages containing illegal content, hate speech, harassment, or threats
• Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or any other applicable laws
• Transmit malware, viruses, or any malicious code
• Impersonate any person or entity or misrepresent your affiliation
• Interfere with or disrupt our Services or servers
• Attempt to gain unauthorized access to our systems or other users' accounts
• Use our Services for any illegal or unauthorized purpose
• Violate any carrier regulations or guidelines, including CTIA guidelines

A2P 10DLC Compliance

Our Services utilize Application-to-Person (A2P) 10-digit long code (10DLC) messaging. You agree to:

• Register your messaging campaigns with mobile carriers as required
• Provide accurate information about your business and use case
• Maintain proper opt-in consent records for all message recipients
• Comply with carrier-specific content and throughput requirements
• Honor opt-out requests within the timeframe required by law (typically 24 hours)

Intellectual Property

• Our Rights: All content, features, and functionality of our Services, including but not limited to software, text, graphics, logos, and trademarks, are owned by TabulaSMS and are protected by copyright, trademark, and other intellectual property laws.
• Limited License: We grant you a limited, non-exclusive, non-transferable license to access and use our Services for your internal business purposes in accordance with these Terms.
• Your Content: You retain all rights to any content you submit through our Services. By submitting content, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, and display such content solely for the purpose of providing our Services.

Fees and Payment

• Pricing: Fees for our Services are described on our website or in your service agreement. We reserve the right to change our pricing with 30 days' notice.
• Payment Terms: You agree to pay all fees associated with your use of our Services. Payments are non-refundable except as required by law.
• Late Payments: Late payments may result in service suspension or termination. We may charge interest on overdue amounts at the rate of 1.5% per month or the maximum rate permitted by law, whichever is lower.
• Taxes: You are responsible for all applicable taxes, duties, and governmental charges related to your use of our Services.

Service Availability and Support

• Uptime: While we strive for 99.9% uptime, we do not guarantee uninterrupted access to our Services.
• Maintenance: We may perform scheduled maintenance that temporarily interrupts service availability. We will provide advance notice when possible.
• Support: Support is available via email at support@tabulasms.com or by texting HELP to our support number.

Data Security and Privacy

We implement industry-standard security measures to protect your data. However, no system is completely secure. Please review our Privacy Policy for detailed information about how we collect, use, and protect your information.

Third-Party Services and Links

Our Services may integrate with or contain links to third-party services, websites, or applications. We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• TabulaSMS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, or goodwill.
• Our total liability to you for all claims arising from your use of our Services shall not exceed the amount you paid us in the 12 months preceding the claim.
• We are not liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, telecommunications failures, or carrier-related issues.

Disclaimers

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Indemnification

You agree to indemnify, defend, and hold harmless TabulaSMS and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from:

• Your use or misuse of our Services
• Your violation of these Terms
• Your violation of any third-party rights, including intellectual property rights or privacy rights
• Your violation of any applicable laws or regulations, including TCPA or CAN-SPAM

Termination

• By You: You may terminate your account at any time by contacting us at support@tabulasms.com. You remain responsible for all fees incurred prior to termination.
• By Us: We may suspend or terminate your access to our Services immediately, without notice, for any violation of these Terms or for any other reason at our sole discretion.
• Effect of Termination: Upon termination, your right to use our Services will immediately cease. We may delete your data after termination, subject to our data retention policies and legal obligations.

Dispute Resolution and Arbitration

• Informal Resolution: Before filing a claim, you agree to contact us at legal@tabulasms.com to attempt to resolve any dispute informally.
• Binding Arbitration: If we cannot resolve the dispute informally, any disputes arising from these Terms or your use of our Services shall be resolved through binding arbitration in accordance with the American Arbitration Association's Commercial Arbitration Rules. The arbitration shall take place in New York, NY.
• Class Action Waiver: You agree to resolve disputes with us on an individual basis and waive any right to participate in class action lawsuits or class-wide arbitration.

Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of New York, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in New York, NY for any disputes not subject to arbitration.

Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

• Posting the updated Terms on our website with a new effective date
• Sending you an email or SMS notification (if you've opted in)
• Displaying a prominent notice in our Services

Your continued use of our Services after such changes constitutes your acceptance of the updated Terms. If you do not agree to the modified Terms, you must stop using our Services.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published by us, constitute the entire agreement between you and TabulaSMS regarding your use of our Services and supersede all prior agreements and understandings.