Terms of Service

TextMarketing.io Effective Date: July 1, 2026 Last Updated: July 1, 2026

IMPORTANT NOTICE: These Terms of Service constitute a legally binding agreement between you and TextMarketing.io. By creating an account, accessing the platform, or using any of our services, you agree to be bound by these terms in their entirety. If you do not agree, you must not use this platform. These terms should be reviewed by your legal counsel before use, particularly if your business operates in a regulated industry.

1. Parties and Acceptance

These Terms of Service ("Terms") govern the relationship between TextMarketing.io, LLC ("TextMarketing.io," "Company," "we," "us," or "our"), a limited liability company, and the business entity or individual ("Client," "Tenant," "you," or "your") that registers for and uses the TextMarketing.io platform and associated services.

By clicking "Create Account," "I Agree," or any similar affirmation, by accessing the platform, or by using any feature of our services, you represent that: (a) you have read, understood, and agree to be bound by these Terms; (b) you have the legal authority to enter into this agreement on behalf of yourself or the business entity you represent; and (c) you are at least 18 years of age and legally capable of forming a binding contract.

If you are accepting these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms, in which case "you" and "your" shall refer to that entity.

2. Description of Services

TextMarketing.io is a business-to-business (B2B) software-as-a-service (SaaS) platform that enables registered businesses ("Tenants") to create, manage, and distribute SMS marketing campaigns to their own opted-in customer contact lists. The platform includes the following core components:

Campaign Management allows Tenants to compose SMS messages, build offer pages, upload contact lists, and schedule or submit campaigns for delivery. All campaigns are subject to mandatory administrative review and approval prior to transmission.

ViewYourOffers.com is the secure offer delivery portal through which end-user recipients access offers. This portal employs a two-factor authentication (2FA) mechanism requiring recipients to verify the last four digits of their phone number before accessing offer content.

Contact List Management provides tools for importing, organizing, and managing contact lists, including CSV upload with column mapping, duplicate detection, and phone number validation.

Analytics and Reporting provides Tenants with delivery statistics, redemption rates, opt-out tracking, and campaign performance data.

Compliance Infrastructure includes 10DLC campaign registration support, opt-out management, age verification gates, and audit trail logging.

TextMarketing.io is a platform provider only. We do not send messages on our own behalf to end-user consumers. All SMS messages transmitted through the platform are sent by Tenants to their own contact lists using Tenant-controlled content.

3. Eligibility and Account Registration

3.1 Business Use Only

TextMarketing.io is a B2B platform intended exclusively for use by legitimate businesses. Consumer accounts are not permitted. By registering, you represent that you are operating as a business entity and that your use of the platform is for lawful commercial purposes.

3.2 Accurate Information Required

You agree to provide accurate, current, and complete information during registration and throughout your use of the platform, including your legal business name, Employer Identification Number (EIN), business address, and contact information. This information is required for 10DLC carrier registration and regulatory compliance. Providing false or misleading registration information is grounds for immediate account termination.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You agree to notify TextMarketing.io immediately at support@textmarketing.io if you suspect any unauthorized access to your account. TextMarketing.io is not liable for any loss or damage arising from your failure to maintain account security.

3.4 One Account Per Business

Each business entity may maintain one active account. Creating multiple accounts to circumvent usage limits, pricing tiers, or account suspensions is prohibited and will result in termination of all associated accounts.

4. 10DLC Compliance and Carrier Requirements

4.1 10DLC Registration Obligation

The Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and carrier requirements under the 10-Digit Long Code (10DLC) framework impose specific obligations on businesses that send commercial SMS messages. By using TextMarketing.io, you agree to comply fully with all applicable 10DLC requirements, including but not limited to:

• Registering your brand and campaign use cases with The Campaign Registry (TCR) as required by major U.S. wireless carriers;
• Providing accurate business information for brand registration, including your legal business name, EIN, and business type;
• Ensuring that your registered campaign use case accurately describes the nature of your messaging program;
• Maintaining records of consumer opt-in consent for all contacts in your lists.

4.2 Carrier Content Policies

All messages sent through the platform must comply with the content policies of all major U.S. wireless carriers (AT&T, Verizon, T-Mobile, and others). You acknowledge that carriers may filter, block, or throttle messages that violate their policies, and that TextMarketing.io is not liable for message delivery failures resulting from carrier filtering.

4.3 Prohibited Message Content

The following content is strictly prohibited on the TextMarketing.io platform and will result in immediate campaign rejection, account suspension, or permanent termination:

4.4 Required Message Elements

Every SMS message sent through the platform must include:

• Clear identification of the sending business by name;
• An opt-out mechanism using the standard language: "Reply STOP to opt out" or equivalent;
• No deceptive call-to-action language.

TextMarketing.io's platform enforces these requirements through automated compliance checks during the campaign review process. However, the ultimate responsibility for message compliance rests with the Tenant.

5. Consent Requirements and TCPA Compliance

5.1 Express Written Consent Required

You represent, warrant, and covenant that every contact in every list you upload to or use on the TextMarketing.io platform has provided prior express written consent to receive SMS marketing messages from your business, as required by the Telephone Consumer Protection Act (47 U.S.C. § 227) and its implementing regulations (47 C.F.R. § 64.1200).

"Express written consent" means a written agreement (including electronic agreement) that clearly and conspicuously discloses that the consumer is agreeing to receive autodialed or prerecorded marketing calls or texts, and that is not a condition of purchase.

5.2 Consent Documentation

You must maintain records of consent for each contact in your lists, including the date and method of consent collection, the specific disclosure language presented to the consumer, and the consumer's affirmative action indicating consent. TextMarketing.io may request consent documentation at any time, and failure to provide it within five (5) business days is grounds for account suspension.

5.3 Consent Attestation at Campaign Submission

Before submitting any campaign for approval, you must affirmatively confirm via a required checkbox that all contacts on the selected list have provided express written consent. This attestation is logged with a timestamp and constitutes a legally binding representation.

5.4 Opt-Out Compliance

You must honor all opt-out requests immediately and permanently. When a recipient replies STOP, UNSUBSCRIBE, CANCEL, END, or QUIT to any message sent through the platform, the platform will automatically suppress that contact from future campaigns. You may not re-add opted-out contacts to your lists or send them further marketing messages. Attempting to circumvent opt-out suppression is a material breach of these Terms and a potential violation of federal law.

5.5 Do-Not-Call Registry

You are responsible for scrubbing your contact lists against the National Do-Not-Call Registry as required by applicable law. TextMarketing.io does not perform this scrubbing on your behalf.

6. Regulated Industry Requirements

6.1 Age-Restricted Content

Tenants operating in industries that sell or promote age-restricted products or services (including but not limited to businesses in the "Regulated" pricing tier) must enable age verification gates on all offer pages accessible through the platform. The platform's ViewYourOffers.com portal includes a 21+ age verification mechanism that must be activated for all applicable campaigns.

6.2 State and Local Licensing

If your business operates in an industry that requires state or local licensing (including but not limited to businesses selling age-restricted products), you represent and warrant that you hold all required licenses and permits in every jurisdiction where you send messages or where your offer recipients are located. You agree to provide proof of licensure upon request.

6.3 Industry-Specific Compliance

You are solely responsible for compliance with all industry-specific regulations applicable to your business, including but not limited to regulations promulgated by state health departments, agricultural departments, financial regulators, and any other applicable regulatory body. TextMarketing.io does not provide legal, regulatory, or compliance advice.

7. Campaign Review and Approval

7.1 Mandatory Pre-Send Review

All campaigns submitted through the platform are subject to mandatory review and approval by TextMarketing.io administrators before any messages are transmitted. No campaign will be sent without explicit approval from a TextMarketing.io administrator. This review process is designed to protect the integrity of the platform, maintain carrier relationships, and prevent misuse.

7.2 Review Criteria

During review, TextMarketing.io administrators will evaluate campaigns for compliance with these Terms, carrier content policies, 10DLC requirements, and applicable law. Review criteria include but are not limited to: message content, offer page content, audience size, industry classification, and the Tenant's account history.

7.3 Approval and Rejection

TextMarketing.io reserves the right to approve or reject any campaign in its sole discretion. Rejected campaigns will include a written explanation of the reason for rejection, and Tenants may revise and resubmit campaigns that address the stated concerns. Approval of a campaign does not constitute legal advice or a representation that the campaign complies with all applicable laws.

7.4 Review Timeframe

TextMarketing.io will use commercially reasonable efforts to complete campaign reviews within 24 business hours of submission. TextMarketing.io is not liable for delays in campaign delivery resulting from the review process.

7.5 Expedited Review

TextMarketing.io does not guarantee expedited review. Tenants with time-sensitive campaigns should submit well in advance of their desired send time.

8. Prohibited Uses

The following uses of the TextMarketing.io platform are strictly prohibited. Violation of any prohibition in this section may result in immediate account suspension or termination without refund:

8.1 Spam and Unsolicited Messaging. You may not use the platform to send unsolicited commercial messages to any person who has not provided prior express written consent. Purchasing, renting, or using third-party contact lists where consent cannot be verified is prohibited.

8.2 Fraudulent or Deceptive Practices. You may not use the platform to engage in fraud, misrepresentation, or deceptive trade practices of any kind, including impersonating another business, creating false urgency, or making materially false claims about products or services.

8.3 Harassment. You may not use the platform to harass, threaten, or intimidate any person.

8.4 Circumventing Opt-Outs. You may not attempt to contact any person who has opted out of your messaging program through any means, including by re-adding them under a different name or phone number, using a different campaign, or contacting them through a different channel in retaliation for opting out.

8.5 Platform Abuse. You may not attempt to reverse-engineer, decompile, or interfere with the platform's infrastructure; attempt to gain unauthorized access to other Tenants' data; use automated scripts or bots to interact with the platform; or attempt to circumvent rate limits, approval workflows, or security controls.

8.6 Reselling Without Authorization. You may not resell, sublicense, or white-label access to the TextMarketing.io platform without a separate written reseller agreement with TextMarketing.io.

8.7 Prohibited Industries. The following industries are prohibited from using the platform regardless of stated use case: multi-level marketing (MLM) and pyramid schemes; debt collection; payday lending; illegal firearms or weapons sales; human trafficking; and any business whose primary purpose is to facilitate illegal activity.

9. Fees, Billing, and Payment

9.1 Usage-Based Pricing

TextMarketing.io charges on a per-message basis. The applicable rate is determined by your pricing tier, which is assigned based on your industry at the time of registration:

9.2 Stripe Payment Processing

All billing is processed through Stripe. By providing payment information, you authorize TextMarketing.io to charge your payment method for all usage incurred during each billing period. You agree to Stripe's terms of service in addition to these Terms.

9.3 Billing Cycle

Usage is billed at the end of each calendar month based on the number of messages successfully submitted for delivery during that period. Messages are counted at the time of campaign approval and dispatch, regardless of final delivery status.

9.4 Disputed Charges

If you believe a charge is incorrect, you must notify TextMarketing.io in writing at billing@textmarketing.io within 30 days of the charge date. Disputes not raised within this period are waived.

9.5 Late Payment and Suspension

Accounts with failed or overdue payments will be suspended after 7 days. TextMarketing.io reserves the right to permanently terminate accounts with chronic payment failures.

9.6 No Refunds

All fees are non-refundable except as required by applicable law or as expressly stated in a separate written agreement. Fees for messages submitted for delivery are non-refundable regardless of delivery outcome.

9.7 Taxes

You are responsible for all applicable taxes, levies, or duties imposed by taxing authorities on your use of the platform. TextMarketing.io will collect and remit taxes where required by law.

10. Intellectual Property

10.1 Platform Ownership

TextMarketing.io and its licensors own all right, title, and interest in and to the platform, including all software, algorithms, user interfaces, documentation, trademarks, and other intellectual property. These Terms do not grant you any ownership interest in the platform.

10.2 License to Use

Subject to your compliance with these Terms, TextMarketing.io grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform solely for your internal business purposes.

10.3 Your Content

You retain ownership of all content you create and upload to the platform, including campaign messages, offer content, and contact data. By uploading content to the platform, you grant TextMarketing.io a limited, non-exclusive license to process, store, and transmit that content solely as necessary to provide the services.

10.4 Feedback

If you provide feedback, suggestions, or ideas about the platform, you grant TextMarketing.io a perpetual, irrevocable, royalty-free license to use that feedback for any purpose without compensation to you.

11. Data and Privacy

Your use of the platform is also governed by our Privacy Policy, which is incorporated into these Terms by reference. You agree to the collection, use, and disclosure of information as described in the Privacy Policy.

With respect to your contacts' personal data, you are the data controller and TextMarketing.io is the data processor. You are responsible for ensuring that your collection and use of contact data complies with all applicable privacy laws, including the California Consumer Privacy Act (CCPA), the General Data Protection Regulation (GDPR) where applicable, and all other applicable state and federal privacy regulations.

12. Indemnification

You agree to defend, indemnify, and hold harmless TextMarketing.io, its officers, directors, employees, contractors, agents, licensors, and successors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• your use of the platform or any services;
• your violation of these Terms;
• your violation of any applicable law, regulation, or third-party right, including the TCPA, CAN-SPAM Act, state privacy laws, and carrier policies;
• any claim that your campaign content, offer content, or contact data infringes or misappropriates any third-party intellectual property right;
• any claim by a recipient of your SMS messages, including claims arising from lack of consent, opt-out violations, or message content;
• your failure to maintain required licenses or permits;
• any regulatory investigation, fine, or penalty arising from your messaging activities; and
• any act or omission of your employees, agents, or contractors in connection with your use of the platform.

This indemnification obligation survives termination of these Terms.

13. Disclaimer of Warranties

THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEXTMARKETING.IO EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

TextMarketing.io does not warrant that the platform will be uninterrupted, error-free, or free of viruses or other harmful components. TextMarketing.io does not warrant that messages sent through the platform will be delivered to recipients, as delivery is subject to carrier policies and network conditions outside our control. TextMarketing.io does not warrant that the platform will meet your specific business requirements.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, TEXTMARKETING.IO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUE, LOSS OF DATA, LOSS OF GOODWILL, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM, EVEN IF TEXTMARKETING.IO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL TEXTMARKETING.IO'S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO TEXTMARKETING.IO IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, the foregoing limitations apply to the maximum extent permitted by law.

15. Term, Suspension, and Termination

15.1 Term

These Terms commence on the date you create an account and continue until terminated by either party.

15.2 Termination by You

You may terminate your account at any time by contacting support@textmarketing.io. Termination does not entitle you to a refund of any fees paid.

15.3 Suspension and Termination by TextMarketing.io

TextMarketing.io reserves the right to suspend or terminate your account, with or without notice, for any of the following reasons:

• Violation of any provision of these Terms;
• Violation of any applicable law or regulation;
• Receipt of complaints from recipients, carriers, or regulators regarding your messaging activities;
• Failure to pay fees when due;
• Providing false or misleading registration information;
• Any activity that TextMarketing.io reasonably believes poses a legal, regulatory, or reputational risk to the platform or its other users;
• Any activity that violates carrier policies or jeopardizes TextMarketing.io's carrier relationships.

15.4 Effect of Termination

Upon termination, your right to access the platform immediately ceases. TextMarketing.io will retain your data for a period of 90 days following termination, after which it may be permanently deleted. You remain liable for all fees incurred prior to termination. Sections 5, 12, 13, 14, 16, 17, 18, and 19 survive termination.

16. Confidentiality

Each party agrees to keep confidential any non-public information disclosed by the other party in connection with these Terms that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. This obligation does not apply to information that is or becomes publicly available through no fault of the receiving party, is independently developed by the receiving party, or is required to be disclosed by law or court order.

17. Governing Law and Dispute Resolution

17.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of [YOUR STATE], without regard to its conflict of law principles.

17.2 Informal Resolution

Before initiating any formal legal proceeding, you agree to contact TextMarketing.io at legal@textmarketing.io and attempt to resolve the dispute informally for a period of 30 days.

17.3 Binding Arbitration

If informal resolution fails, any dispute arising out of or relating to these Terms or the platform shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, except that either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm. The arbitration shall be conducted in [YOUR CITY, STATE]. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

17.4 Class Action Waiver

YOU AND TEXTMARKETING.IO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

17.5 Jurisdiction

For matters not subject to arbitration, you consent to the exclusive jurisdiction of the state and federal courts located in [YOUR COUNTY, STATE].

18. General Provisions

18.1 Entire Agreement

These Terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and TextMarketing.io with respect to the platform and supersede all prior agreements, representations, and understandings.

18.2 Amendments

TextMarketing.io reserves the right to modify these Terms at any time. We will provide notice of material changes by email or by posting a notice on the platform. Your continued use of the platform after the effective date of any modification constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the platform.

18.3 Severability

If any provision of these Terms is found to be unenforceable, that provision will be modified to the minimum extent necessary to make it enforceable, and the remaining provisions will continue in full force and effect.

18.4 Waiver

TextMarketing.io's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision.

18.5 Assignment

You may not assign or transfer these Terms or any rights or obligations hereunder without TextMarketing.io's prior written consent. TextMarketing.io may assign these Terms without restriction.

18.6 Force Majeure

TextMarketing.io is not liable for any failure or delay in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, carrier outages, government actions, or internet infrastructure failures.

18.7 No Third-Party Beneficiaries

These Terms do not create any third-party beneficiary rights.

19. Contact Information

For questions about these Terms of Service, please contact:

TextMarketing.io, LLC Email: legal@textmarketing.io Support: support@textmarketing.io Billing: billing@textmarketing.io

These Terms of Service were last updated on July 1, 2026. TextMarketing.io recommends that all Tenants review these Terms with qualified legal counsel before using the platform, particularly if operating in a regulated industry.

ATTORNEY REVIEW NOTICE: This document is a draft prepared for informational purposes. It has not been reviewed by licensed legal counsel. TextMarketing.io strongly recommends that this document be reviewed and approved by a qualified attorney licensed in your jurisdiction before it is published or relied upon.