Terms of Service: I A Expand & Communications

1. Agreement

These terms are an agreement between [legal entity name and type] (“I A Expand,” “we,” “us”) and the business that creates an account (“you,” “Customer”). By creating an account or using the platform, you agree to these terms, our privacy policy and the acceptable use policy in section 4. The person accepting confirms they are at least 18 and authorized to bind the business.

If you have a signed order form or enterprise agreement with us, it controls where it conflicts with these terms.

2. Accounts and approval

We review every new account before it can send. We may ask for information about your business and how you collect consent, and we may decline any account.
You must give accurate information and keep it up to date, including the business details used to register your sending numbers with carriers.
Sending numbers and sender IDs we assign are provided for your use while your account is active. They are not transferable and remain ours or our providers’ [unless your agreement says otherwise].
You are responsible for everything done under your account, including by the team members you invite, and for the roles you give them.

3. Your messaging responsibilities

You decide who receives your messages and what they say. You are responsible for complying with every law, regulation and industry rule that applies to your messages, including the Telephone Consumer Protection Act (TCPA), state telemarketing and texting laws, the CTIA Messaging Principles and Best Practices, carrier codes of conduct, and privacy and data protection laws. In particular, you agree that you will:

Get proper consent before messaging anyone, of the type the law requires for your message (express written consent for marketing messages), and keep records of it for at least [e.g. 5 years].
Identify yourself in your messages so recipients know who is texting them.
Honor opt-outs immediately. Our platform stops messages to numbers that reply STOP or are on your opt-out list; you must not work around it, and you must also honor opt-out requests made in other ways.
Respect quiet hours and time-of-day limits that apply to recipients’ locations.
Only upload data you’re allowed to use, and have a lawful basis and any required notices for sharing it with us.
Cooperate with registration, such as 10DLC brand and campaign registration or toll-free verification, and send only the kinds of messages you registered.

We don’t review your messages before they’re sent and aren’t responsible for their content, but we may check messages and lists for compliance and abuse.

4. Acceptable use policy

You may not use the platform to send, or help anyone send:

messages to people who haven’t consented, or to purchased, rented, shared or scraped lists;
consent collected by third parties or lead generators and shared with you;
content involving sex, hate, alcohol, firearms or tobacco (including vaping and cannabis), except where carriers expressly allow it and it’s registered and age-gated as required;
high-risk financial offers carriers restrict, such as payday loans, third-party debt collection or relief, get-rich-quick schemes, or cryptocurrency promotions [adjust to your carrier’s current list];
gambling or sweepstakes without the required registrations and permissions;
phishing, fraud, impersonation, malware, deceptive links or URL shorteners that hide the destination;
illegal, harassing, threatening or defamatory content, or anything that infringes someone else’s rights;
messages that use rotating numbers, “snowshoeing” or other tricks to avoid carrier filtering.

You also may not probe, scan or test the platform’s security; try to access other customers’ data; overload the service; resell the platform without our written permission; or use it to build a competing service.

5. Delivery and carriers

Text messages travel over networks run by mobile carriers and their partners. Carriers may filter, delay, block or reject messages, and may change their rules or fees. We can’t guarantee that any message will be delivered or delivered by a certain time, and delivery reports come from carriers and may be incomplete. We may change the providers we use to carry your messages.

6. Plans, fees and payment

Plans and rates. You pay the fees for your plan (Basic, Pro, Enterprise or a custom plan) and per-message charges at your rate, plus any premiums shown in your portal for certain destinations or message types.
Segments. Standard text messages are charged per segment. A segment is up to 160 standard characters, or 70 characters when a message contains emoji or certain special characters. Longer messages use more segments.
Prepaid balance. Unless we agree to credit terms in writing, you pay in advance by adding funds to your balance. When a campaign starts, its cost is deducted from your balance. If your balance runs out, sending stops.
Refunds. Messages we can’t submit to a carrier, and messages not yet sent when you cancel a campaign, are credited back to your balance automatically. Messages that are submitted but not delivered are still charged, because carriers charge for them.
Unused balance. [Choose one: “Prepaid balances are non-refundable” OR “If you close your account, we’ll refund any unused balance on request, less payment processing fees, unless we closed it for a breach of these terms.”] Balances expire [e.g. 12 months after your last top-up, or never].
Monthly fees are billed [monthly in advance from your balance / to your card on file] and are non-refundable for partial months.
Price changes. We may change rates, fees or premiums with at least [e.g. 30 days’] notice by email or in the portal. Carrier surcharges imposed on us may be passed through with shorter notice. Changes apply to messages sent after they take effect.
Taxes. Fees exclude taxes. You’re responsible for applicable taxes other than taxes on our income.
Payments are processed by Stripe or Square under their terms. If you dispute a charge with your bank without first contacting us, we may suspend the account while it’s resolved.

7. Your data

You own the contact lists, message content and other data you put on the platform (“Customer Data”). You give us permission to use it only to provide, secure and support the service, and as required by law.
We process personal information in Customer Data on your behalf, under your instructions and our privacy policy. [A data processing agreement is available on request.]
You can export your campaign results at any time. After your account closes, we delete Customer Data as described in our privacy policy, except records we must keep (such as opt-outs and billing records).
If you connect a database or SFTP server, give us a read-only account with access limited to what we need. You’re responsible for the security of those systems.

8. Account security

Keep your sign-in details secure, use two-step verification (we may require it), and remove access for people who leave your team. Tell us right away at [security@messaging.iaexpand.com] if you suspect unauthorized use of your account.

9. Suspension and termination

You can close your account at any time by contacting us.
We may suspend sending or access immediately, without prior notice, if we reasonably believe your use breaches these terms or the law, creates a risk to recipients, carriers, our numbers or other customers, or if a carrier or authority requires it. Where practical, we’ll tell you why and how to fix it.
We may end these terms for convenience with [e.g. 30 days’] notice, or immediately for a material breach.
Sections 6 (for amounts owed), 7, 10 through 14 and 16 survive termination.

10. Our platform and feedback

We own the platform, including its software, design and content. These terms give you a limited, non-exclusive, non-transferable right to use it for your internal business purposes while your account is active. If you send us suggestions or feedback, we may use them without obligation to you.

11. Disclaimers

We provide the platform with reasonable care and skill. Beyond that, and to the extent the law allows, the platform is provided “as is” and “as available,” and we disclaim all other warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We don’t promise the platform will be uninterrupted or error-free, or that any message will be delivered.

12. Limitation of liability

To the extent the law allows, neither party will be liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data, even if told they were possible. Each party’s total liability arising from these terms is limited to the amounts you paid us in the [12] months before the event giving rise to the claim. These limits don’t apply to your payment obligations, your indemnification obligations, or either party’s fraud or willful misconduct.

13. Indemnification

You will defend and indemnify I A Expand, its owners, staff and providers against claims, fines, carrier penalties, damages and reasonable legal fees arising from your messages, your contact data, your lack of consent from recipients, or your breach of these terms or the law, including claims under the TCPA and similar laws.

14. Governing law and disputes

These terms are governed by the laws of the State of [State] and applicable U.S. federal law, without regard to conflict-of-law rules. The state and federal courts in [County, State] have exclusive jurisdiction, and both parties consent to them. [Optional: add an arbitration clause and class action waiver if your attorney recommends one.] Before filing a claim, each party will try in good faith to resolve the dispute by written notice and discussion for 30 days.

15. Changes to these terms

We may update these terms. For material changes, we’ll give at least [e.g. 30 days’] notice by email or in the portal. If you keep using the platform after changes take effect, you accept them. If you don’t agree, you can close your account before then.

16. General

You may not assign these terms without our written consent. We may assign them to a successor in a merger, acquisition or sale of our business.
Neither party is responsible for delays caused by events beyond its reasonable control, including carrier outages.
If any part of these terms can’t be enforced, the rest remains in effect. Not enforcing a right isn’t a waiver of it.
These terms, the privacy policy and any signed order form are the entire agreement between us about the platform.
We may send notices by email to your account owner or in the portal. Send notices to us at the address below.

17. Contact us

Email [legal@messaging.iaexpand.com], write to [legal entity name, street address, city, state, ZIP], or use our contact form.