Encore Text
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Terms of Service

Last updated: [EFFECTIVE DATE]

Effective [EFFECTIVE DATE]. These terms are an agreement between Shaw Wireless Inc, a New York corporation doing business as Encore Text ("Encore Text", "we"), and the business that opens an account ("Customer", "you"). By creating an account or using the service, you agree to them.

1. The service

Encore Text is software for importing contacts, building audiences and sending text messages. We send messages through third-party providers and mobile carriers. We are not a carrier and don't control whether carriers deliver, filter or delay a message.

2. Accounts and verification

  • You must be a business and at least 18, and give accurate business details, including for carrier registration.
  • We may verify your business, website, use case and consent methods before you can send, and we may decline any account.
  • You are responsible for your users, their roles and everything done under your account. Keep logins secure and turn on multi-factor authentication.

3. Your responsibilities for messaging

  • You must have the legally required consent, including prior express written consent where the law requires it, before texting anyone. You must keep records of that consent and give them to us on request.
  • You may not upload purchased, rented, scraped or shared lists.
  • You must honor opt-outs. Encore Text processes STOP replies automatically, and you may not re-add or re-text opted-out numbers without new consent.
  • You are responsible for your message content, for following the Telephone Consumer Protection Act, CAN-SPAM where it applies, state texting laws, carrier rules and the Acceptable Use Policy, and for publishing your own SMS program terms and privacy policy.
  • Encore Text enforces quiet hours, frequency limits and spend caps. These tools help you comply but don't make you compliant.

4. Fees and billing

  • You pay the subscription fee for your plan, a platform fee per message segment, and telecom, carrier and registration fees passed through at cost. Prices are on the pricing page and may change with 30 days' notice.
  • Sending runs on a prepaid wallet. Sends stop when the balance can't cover them. With auto-recharge on, you authorize us to charge your card on file the amount you set.
  • Messages are billed per segment, including messages a carrier filters or fails to deliver after we submit them. Carrier and registration fees are not refundable.
  • Subscription fees are billed in advance and not refunded for partial months. Unused wallet balance is refunded on account closure, minus any amounts owed, unless the account was closed for a violation.
  • You are responsible for taxes other than those on our income.

5. Suspension

We may pause sending, hold funds needed to cover unpaid fees, or suspend an account right away if we see signs of non-consensual messaging, high opt-out or complaint rates, fraud, non-payment, a security risk, or a carrier or provider request. We will tell you why when we can, and restore access once the issue is fixed.

6. Your data

You own your contact data and message content. You give us permission to use it only to provide, secure and improve the service and to meet legal and carrier requirements. You can export or delete it at any time. Our Privacy Policy describes how we handle personal information.

7. Term and termination

Either party may end this agreement at any time by closing the account or with notice. Sections on fees owed, responsibilities, disclaimers, liability and indemnity survive termination.

8. Disclaimers

The service is provided as is. We don't promise it will be uninterrupted or error-free, or that any message will be delivered or delivered on time. Encore Text doesn't give legal advice. Talk to your own counsel about your messaging program.

9. Limitation of liability

To the extent the law allows, neither party is liable for indirect, incidental, special or consequential damages or lost profits. Our total liability for any claim is limited to the fees you paid us in the 12 months before the claim, not counting pass-through telecom fees.

10. Indemnity

You will defend and pay for claims, fines and losses against Encore Text that arise from your messages, your contact lists, your lack of consent or your breach of these terms or the law.

11. General

These terms are governed by the laws of the State of New York. We may update them with notice; continuing to use the service means you accept the update. Questions: support@encoretext.com.