TERMS OF SERVICE

WELCOME TO DMTEXT

These Terms of Service ("Terms") govern your use of the DMText SMS marketing platform and related services (collectively, the "Service"). By creating an account, accessing, or using DMText, you agree to be bound by these Terms.

If you don't agree to these Terms, you cannot use DMText.

1. ACCEPTANCE OF TERMS

By using DMText, you represent and warrant that:

• You are at least 18 years of age
• You have the legal authority to enter into these Terms
• If you are using DMText on behalf of a company or organization, you have the authority to bind that entity to these Terms
• You will comply with all applicable laws and regulations
• All information you provide is accurate and complete

2. SERVICE DESCRIPTION

DMText provides an SMS marketing platform that includes:

• Mass text messaging and SMS campaign management
• Contact list management and segmentation
• 10DLC (10-Digit Long Code) A2P (Application-to-Person) registration services
• Message scheduling and automation
• Delivery tracking and analytics
• API access for integration with your systems
• Customer support and platform documentation

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. ACCOUNT REGISTRATION AND SECURITY

Account Creation

To use DMText, you must create an account and provide:

• Accurate and complete registration information
• Valid business information for 10DLC registration
• A valid email address and phone number
• Payment information for billing purposes

Account Security

You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Not sharing your account with others

We are not liable for any loss or damage arising from your failure to maintain account security.

4. PROHIBITED USES

You are STRICTLY PROHIBITED from using DMText to send:

• ❌ Spam, unsolicited messages, or unwanted texts to recipients who have not explicitly opted in
• ❌ Fraudulent, deceptive, or scam messages of any kind
• ❌ Phishing attempts or identity theft schemes
• ❌ Messages without proper recipient consent as required by TCPA
• ❌ Communications that violate the TCPA (Telephone Consumer Protection Act)
• ❌ Communications that violate the CAN-SPAM Act
• ❌ Illegal content including threats, harassment, hate speech, or incitement to violence
• ❌ Content promoting illegal activities or controlled substances
• ❌ Sexually explicit content or adult material
• ❌ Messages impersonating others or misrepresenting your identity or affiliation
• ❌ Content that circumvents opt-out mechanisms or ignores STOP requests
• ❌ Messages to purchased, scraped, or harvested contact lists without proper documented consent
• ❌ Content that violates mobile carrier messaging policies (T-Mobile, AT&T, Verizon, etc.)
• ❌ Messages that exceed carrier-imposed rate limits or attempt to circumvent throttling
• ❌ Malware, viruses, or malicious links
• ❌ Deceptive or misleading marketing practices
• ❌ Copyright or trademark infringement
• ❌ Content targeting minors inappropriately
• ❌ Political messages without proper disclaimers as required by law
• ❌ Messages designed to harass, abuse, or harm others

Additional Prohibited Activities:

• Attempting to reverse engineer, decompile, or hack the DMText platform
• Using automated means to access the Service except through our official API
• Interfering with or disrupting the Service or servers
• Collecting user information without consent
• Creating multiple accounts to circumvent restrictions
• Reselling or redistributing the Service without authorization

5. USER RESPONSIBILITIES AND COMPLIANCE

TCPA Compliance (Telephone Consumer Protection Act)

You MUST:

• Obtain prior express written consent from recipients before sending marketing messages
• Maintain clear and conspicuous disclosures about your SMS program
• Include terms and conditions and privacy policy in your opt-in process
• Provide an easy and free opt-out mechanism (must honor STOP, UNSUBSCRIBE, CANCEL, END, QUIT)
• Process opt-out requests immediately (within one message)
• Never send messages to numbers on the National Do Not Call Registry without proper consent
• Respect quiet hours (generally 8 AM to 9 PM in recipient's local time)
• Maintain records of consent for at least 4 years

TCPA VIOLATIONS CAN RESULT IN FINES OF $500 TO $1,500 PER MESSAGE. You are solely liable for any TCPA violations.

CAN-SPAM Act Compliance

For commercial messages, you MUST:

• Include accurate sender identification (your business name and contact info)
• Provide a clear and conspicuous opt-out mechanism
• Honor opt-out requests within 10 business days
• Not use deceptive subject lines or header information
• Identify the message as an advertisement when applicable
• Include your valid physical postal address

10DLC/A2P 10DLC Compliance

When using 10-digit long codes, you MUST:

• Register your business and use case accurately with The Campaign Registry (TCR)
• Use messages only for the registered use case
• Adhere to throughput limits based on your trust score
• Not exceed carrier-imposed messaging volumes
• Update registration information if your use case changes

Consent Requirements

Acceptable methods of obtaining consent include:

• Opt-in forms with clear terms and conditions
• Text-to-join keywords (e.g., "Text JOIN to 12345")
• Online checkout processes with SMS opt-in checkboxes
• Point-of-sale opt-in with written or electronic signature

NOT acceptable: Pre-checked boxes, purchased lists, business card collections without explicit SMS consent, implied consent from prior business relationships.

Message Content Standards

Your messages must be:

• Professional and appropriate for business communication
• Legal in all jurisdictions where recipients are located
• Non-deceptive and truthful in all claims
• Compliant with carrier content policies
• Free from prohibited content listed in Section 4

Contact List Quality

You represent and warrant that:

• All contacts have provided proper consent to receive messages from you
• Contact information is accurate and up-to-date
• You have documentation of consent for all contacts
• You promptly remove contacts who opt out
• You do not upload lists obtained through scraping, purchasing, or other questionable means

6. DMTEXT RIGHTS AND LIABILITY PROTECTION

Our Rights

DMText reserves the right to:

• Monitor accounts for compliance (though we have no obligation to do so)
• Suspend or terminate accounts that violate these Terms
• Suspend or terminate accounts with excessive recipient complaints
• Refuse service to anyone for any reason
• Report illegal activities to law enforcement
• Cooperate with carrier investigations and enforcement actions
• Remove or refuse to send messages that violate our policies
• Implement additional safeguards or restrictions as needed

Account Suspension and Termination

We may immediately suspend or terminate your account if:

• You violate any provision of these Terms
• We receive excessive spam complaints or opt-out requests from your messages
• Carriers block or filter your messages due to content violations
• You engage in fraudulent or illegal activity
• Your use case doesn't match your 10DLC registration
• You fail to pay fees when due
• We reasonably believe your account poses a risk to DMText or others

Terminated accounts are not eligible for refunds. You remain liable for all fees incurred before termination.

Indemnification

Translation: If you send illegal spam, scam messages, or violate regulations and someone sues or fines you (or us), YOU are responsible for all costs, damages, and legal fees—not DMText.

DMText Disclaimer

DMText is a tool provider. We provide the technology platform to send SMS messages. We are NOT responsible for:

• The content of your messages
• The recipients you choose to message
• Whether you have proper consent from recipients
• Your compliance with laws and regulations
• How you use the Service
• Consequences of your messaging practices

You are the sender of the messages. You bear all responsibility for compliance, consent, content, and consequences.

7. SERVICE LEVEL AND AVAILABILITY

Uptime and Performance

We strive to maintain 99.9% uptime, but this is a goal, not a guarantee. The Service may be unavailable due to:

• Scheduled maintenance (we'll provide notice when possible)
• Emergency maintenance or repairs
• Third-party service failures (carriers, cloud providers, etc.)
• Force majeure events beyond our control

Message Delivery

We do not guarantee message delivery. Message delivery depends on factors outside our control:

• Mobile carrier networks and policies
• Recipient device status and settings
• Network congestion or outages
• Carrier filtering or blocking of your messages
• Recipient opt-out or number changes

While we report delivery status when available from carriers, "delivered" status does not guarantee the message was read or received by the intended recipient.

Carrier Dependency

DMText relies on third-party mobile carriers to deliver messages. Carriers may:

• Block, filter, or delay messages based on content or volume
• Change their policies, fees, or requirements
• Reject messages that violate their acceptable use policies
• Temporarily or permanently suspend messaging routes

DMText is not liable for carrier actions or decisions.

8. FEES AND PAYMENT

Pricing

You agree to pay all fees associated with your use of DMText according to our current pricing structure available at dmtext.com/#pricing.

Fees may include:

• Monthly subscription fees
• Per-message fees
• 10DLC registration fees
• Additional feature or API access fees

Payment Processing

Payments are processed securely through Stripe. By providing payment information, you authorize us to charge your payment method for all fees incurred.

Billing

• Subscription fees are billed monthly in advance
• Message fees are billed based on actual usage
• Invoices are provided via email
• All fees are in U.S. Dollars (USD)
• You are responsible for any taxes, duties, or government charges

Late Payments

If payment fails or is late:

• We may suspend your account until payment is received
• Late fees may apply
• You remain liable for all fees incurred
• We may send your account to collections

Refund Policy

All fees are non-refundable except:

• If we fail to deliver the Service due to our fault
• If required by applicable law
• At our sole discretion on a case-by-case basis

Message credits and subscription fees are non-refundable. If your account is terminated for violations, you forfeit all fees paid.

Price Changes

We may change our pricing with 30 days' notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

9. INTELLECTUAL PROPERTY

DMText Platform

All rights, title, and interest in the DMText platform, including all software, code, designs, trademarks, and documentation, are owned by DMText or our licensors. You receive a limited, non-exclusive, non-transferable license to use the Service in accordance with these Terms.

Your Content

You retain ownership of your messages, contact lists, and other content you upload to DMText ("User Content"). However, you grant DMText a worldwide, royalty-free license to:

• Store, process, and transmit your User Content as necessary to provide the Service
• Use anonymized and aggregated data for analytics and platform improvement

You represent and warrant that you have all necessary rights to your User Content and that it doesn't infringe on any third-party rights.

Feedback

If you provide feedback, suggestions, or ideas about DMText, we may use them without any obligation to you.

10. 10DLC REGISTRATION TERMS

Registration Accuracy

When we assist with 10DLC registration, you represent that:

• All business information provided is accurate and truthful
• Your EIN/Tax ID is valid and belongs to your business
• Your use case description accurately reflects how you will use messaging
• You have authority to register on behalf of your business

Processing and Approval

We aim for 36-hour 10DLC approval, but this is a goal, not a guarantee. Approval depends on:

• The Campaign Registry (TCR) processing times
• Mobile carrier review processes
• Completeness and accuracy of your information
• Your business trust score and history

We cannot guarantee approval. Some businesses or use cases may be rejected by carriers or TCR. Registration fees are non-refundable even if your registration is denied.

Use Case Adherence

You MUST use messaging only for the use case registered with TCR. Changing your messaging practices to a different use case without updating your registration is a violation and may result in:

• Carrier filtering or blocking of your messages
• Suspension or termination of your messaging capabilities
• Termination of your DMText account

11. TERMINATION

Your Right to Terminate

You may cancel your account at any time through your account settings or by contacting support. Upon cancellation:

• Your access to the Service will end
• You will be billed for usage through the end of your billing period
• No refunds will be provided for unused time or message credits
• Your data will be retained for a reasonable period, then deleted

Our Right to Terminate

We may terminate or suspend your account immediately if you violate these Terms. Terminated accounts:

• Are not eligible for refunds
• May be reported to carriers and regulatory authorities if illegal activity is suspected
• May have data retained for legal compliance purposes

Effect of Termination

Upon termination, the following provisions survive:

• Payment obligations for fees incurred
• Indemnification obligations
• Limitation of liability
• Dispute resolution provisions
• Any other provisions that by their nature should survive

12. DISCLAIMER OF WARRANTIES

13. LIMITATION OF LIABILITY

14. DISPUTE RESOLUTION

Governing Law

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 provisions.

Jurisdiction and Venue

Any legal action or proceeding arising out of or relating to these Terms shall be brought exclusively in the federal or state courts located in San Francisco County, California, and you consent to the personal jurisdiction of such courts.

Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting support@DMText.com. We'll try to resolve the dispute informally within 60 days.

Class Action Waiver

You agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, or representative action.

15. CHANGES TO TERMS

We may modify these Terms at any time by posting the updated Terms on our website and updating the "Last Updated" date.

For material changes, we will:

• Provide at least 30 days' notice via email
• Display a prominent notice on the platform

Your continued use of DMText after changes become effective constitutes acceptance of the modified Terms. If you don't agree with the changes, you must stop using the Service and cancel your account.

16. MISCELLANEOUS

Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices published on DMText, constitute the entire agreement between you and DMText.

Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

Force Majeure

DMText shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including acts of God, war, terrorism, pandemics, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network infrastructure failures, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials.

Export Compliance

You agree to comply with all applicable export and import control laws and regulations in your use of the Service.

CONTACT US

If you have questions about these Terms of Service, please contact us:

• Email: support@DMText.com
• Subject Line: "Terms of Service Inquiry"
• Address: San Francisco, CA

By using DMText, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.