Terms of service.

1The agreement

By creating an account, clicking “I agree,” or using the Service, you accept these Terms. If you’re using Fivra on behalf of a company, you represent that you have authority to bind that company, and “you” refers to it. If you don’t agree, don’t use the Service. These Terms incorporate our Privacy Policy and Acceptable Use Policy by reference.

2Definitions

• “Service” — the Fivra website, dashboard, APIs, SMS broadcasting, power dialer, and related features.
• “Customer Content” — contact lists, message and call content, recordings, notes, and other data you upload or generate.
• “Recipient” — any person you contact through the Service.
• “Applicable Law” — all laws and regulations that apply to your use of the Service, including the TCPA, CAN-SPAM, state telemarketing and Do-Not-Call rules, carrier and CTIA messaging requirements, and data-protection laws.

3Accounts & eligibility

• You must be at least 18 and able to form a binding contract.
• You must provide accurate registration information and keep it current, including any sender registration (e.g. 10DLC brand/campaign) we require.
• You are responsible for all activity under your account and for keeping your credentials secure. Notify us promptly at [support@fivrasms.com] of any unauthorized use.

4License to use Fivra

Subject to these Terms and payment of fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription. You may not resell, sublicense, reverse-engineer, or copy the Service, circumvent usage limits, or use it to build a competing product.

5Acceptable use

Your use must comply with our Acceptable Use Policy. Among other things, you may not use the Service to send unlawful, deceptive, harassing, or unsolicited messages; to transmit prohibited content (e.g. certain regulated categories restricted by carriers); or to evade opt-out, filtering, or compliance controls. We may update the AUP from time to time.

6Your compliance obligations

You — not Fivra — are responsible for the legality of your outreach. You represent and warrant that, for every Recipient and message:

• You have obtained and can document all consent required by Applicable Law (including prior express written consent where required) before contacting a Recipient.
• You will honor opt-outs immediately — STOP/unsubscribe requests and Do-Not-Call registrations — and will not contact anyone who has opted out.
• You will respect calling and messaging time restrictions, identify yourself accurately, and not spoof or misrepresent sender identity.
• You have the legal right to upload and use your contact lists and Customer Content, and your campaigns do not infringe others’ rights.
• Where you enable call recording, you will provide all legally required disclosures and obtain consent under applicable consent laws.

Fivra provides compliance tooling (DNC checks, STOP suppression, audit logs), but these tools assist you — they do not transfer legal responsibility to us. You remain solely responsible for your use of the Service.

7Fees & billing

• Plans & charges — fees are described at our pricing page or your order. Usage-based charges (e.g. per-message or per-minute) accrue as you use the Service.
• Billing cycle — subscriptions are billed in advance on a [monthly/annual] basis and renew automatically unless cancelled before renewal.
• Taxes — fees are exclusive of taxes, which you are responsible for.
• Late & non-payment — we may suspend the Service for overdue amounts. Except where required by law, fees are non-refundable.
• Changes — we may change pricing with [30] days’ notice, effective on your next renewal.

8Term & termination

These Terms apply while you use the Service. You may cancel at any time from your account or by contacting [support@fivrasms.com]; cancellation takes effect at the end of the current billing period. We may terminate or decline to renew with reasonable notice, or immediately for material breach, non-payment, or risk to the Service or others. On termination, your license ends and you must stop using the Service. Sections that by their nature should survive (including 10–16) will survive termination.

9Suspension

We may suspend or throttle your account immediately, with or without notice, if we reasonably believe your use violates these Terms or the AUP, threatens the security or integrity of the Service, triggers carrier or regulatory action, or exposes Fivra or others to liability. We will restore access once the issue is resolved where practicable.

10Your content & data

You retain all rights to your Customer Content. You grant us a limited license to host, process, and transmit it solely to provide and improve the Service and as directed by you. We handle personal data as described in our Privacy Policy; where we act as your processor, our [Data Processing Addendum] governs. On termination, we will delete or make Customer Content available for export for [30] days, after which it may be permanently deleted, except for records (such as opt-outs) we must retain.

11Intellectual property

The Service, including its software, design, and trademarks, is owned by Fivra and its licensors and is protected by law. These Terms grant you no rights to our IP except the limited license in Section 4. If you give us feedback, you grant us a perpetual, royalty-free license to use it to improve the Service.

12Third-party services & carriers

The Service relies on telecom carriers, telephony providers, and other third parties. Their availability, filtering decisions, and terms are outside our control, and message or call delivery is never guaranteed. Carriers may block, filter, or delay traffic. We are not responsible for third-party services, and your use of integrations may be subject to their terms.

13Disclaimers

The Service is provided “as is” and “as available,” without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Fivra does not warrant that the Service will be uninterrupted, error-free, or secure, or that any message or call will be delivered. You use the Service at your own risk.

14Limitation of liability

To the maximum extent permitted by law, Fivra and its affiliates will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, data, or goodwill, arising from or related to the Service. Fivra’s total aggregate liability for all claims under these Terms will not exceed the amounts you paid to Fivra in the [12] months before the event giving rise to the claim.

Some jurisdictions don’t allow certain limitations, so some of the above may not apply to you.

15Indemnification

You will defend, indemnify, and hold harmless Fivra and its affiliates, officers, and employees from any claims, damages, fines, and costs (including reasonable legal fees) arising out of your Customer Content, your campaigns, your violation of Applicable Law (including the TCPA and Do-Not-Call rules), or your breach of these Terms or the Acceptable Use Policy.

16Governing law & dispute resolution

These Terms are governed by the laws of [State/Country], without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in [venue], except that either party may seek injunctive relief to protect its IP or confidential information. [If you intend to require arbitration and/or a class-action waiver, insert that clause here — have counsel draft it.]

17Changes to these Terms

We may update these Terms as the Service or laws change. We’ll post the revised version with a new “Last updated” date and, for material changes, provide additional notice. Changes take effect when posted (or on the stated effective date). Continued use after that means you accept the updated Terms.

18General

• Entire agreement — these Terms, the Privacy Policy, the AUP, and any order form are the entire agreement between us.
• Assignment — you may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Severability — if any provision is unenforceable, the rest remains in effect.
• Waiver — our failure to enforce a provision is not a waiver of it.
• Force majeure — neither party is liable for delays caused by events beyond its reasonable control.
• Notices — we may send notices to your account email; legal notices to us go to [legal@fivrasms.com].

19Contact

Questions about these Terms:

• Legal: [legal@fivrasms.com]
• Support: [support@fivrasms.com]
• Mailing address: [Company Legal Name] · 44 Wall Street, Suite 905, New York, NY 10005