YOUR AI MVP APP LLC

These Terms of Service (“Terms”) are a legally binding agreement between YOUR AI MVP APP LLC, a South Carolina Limited Liability Company (“Company,” “We,” “Us,” or “Our”), and the customer, end user, or entity (“Client,” “You,” “Your”) accessing or using the Company’s software, A2P messaging services, websites, tools, or any related services (collectively, the “Services”).

By creating an account, registering a phone number, integrating any third-party system, uploading contacts, or sending any message through the Services, You agree to be bound by these Terms. If You do not agree, You must discontinue use of the Services immediately.

1. Company Structure & Limited Liability

YOUR AI MVP APP LLC is a separate legal entity organized under the laws of the State of South Carolina.

1.1 No Personal Liability

Client acknowledges and agrees that:

• All Services are provided solely through YOUR AI MVP APP LLC as an LLC entity.
• No manager, member, officer, employee, contractor, or agent of the Company shall be personally liable to Client for any claims arising from the Services.
• Client expressly waives any claims against individual members of the Company.

2. Description of Services

The Company provides, among other things:

• A2P 10DLC messaging and carrier-registered communication;
• AI-powered automations and workflows;
• Lead and customer engagement tools;
• Phone number provisioning;
• Integrations, dashboards, and related SaaS tools.

The Company is a software platform, not a telecommunications carrier or legal advisor.

3. Client Responsibilities & Legal Compliance

3.1 Full Compliance Required

Client must comply with all relevant laws including TCPA, FCC, CTIA, A2P 10DLC rules, and privacy laws.

3.2 Consent Requirements

Client must:

• Maintain valid documented consent for every recipient;
• Use no purchased or scraped lists;
• Honor all STOP/unsubscribe requests immediately;
• Maintain evidence of opt-in.

3.3 Content Responsibility

Client is responsible for all message content and all actions taken via Client’s account.

4. Prohibited Uses

Client may not use the Services for:

• Fraudulent, misleading, or deceptive messages;
• SHAFT content;
• Harassment or illegal activity;
• Messaging non-consensual contacts;
• High-risk campaigns without written approval.

Violation may result in immediate termination without refund.

5. Fees, Billing & Payments

5.1 Fees

• SaaS subscription fees
• Usage-based SMS/MMS fees
• A2P 10DLC registration and carrier fees
• Phone number fees

5.2 Billing Authorization

Client authorizes automatic billing. Failed payments may lead to suspension.

5.3 No Refunds

All payments are final and non-refundable.

5.4 Carrier Fines

Client is responsible for all carrier or regulatory fines caused by their traffic.

6. Service Availability & Performance

6.1 No Delivery Guarantee

No guarantees regarding message delivery, timing, or uptime.

6.2 No Service Credits

No credits will be issued for downtime or non-delivery.

7. Data Ownership & Privacy

7.1 Client Data

Client owns its own data. Company can process it solely to operate the Services.

7.2 Data Security

Company uses reasonable security but cannot guarantee absolute protection.

7.3 Data Loss

Client assumes all risk for data loss.

8. Termination & Suspension

Company may terminate or suspend immediately for:

• Non-compliance
• Spam complaints
• Failed payments
• Fraudulent or abusive behavior
• Regulatory or carrier issues

No refunds will be issued.

9. Limitation of Liability

9.1 No Indirect Damages

Company is not liable for lost revenue, profits, data, or business interruption.

9.2 Maximum Direct Liability

Company’s liability will not exceed the fees paid by Client in the last 30 days.

9.3 Third-Party Infrastructure

Company is not liable for outages caused by carriers or third-party providers.

10. Indemnification

Client shall indemnify and defend YOUR AI MVP APP LLC from all claims arising from Client's:

• Use of the Services
• Message content
• Non-compliance with laws
• Regulatory or carrier penalties

11. Modifications to Terms

Company may update these Terms at any time. Continued use = acceptance.

12. Governing Law & Arbitration

12.1 Governing Law

South Carolina law governs these Terms.

12.2 Mandatory Arbitration

All disputes must be resolved by binding arbitration in Greenville County, SC.

12.3 No Class Actions

Client waives rights to participate in class actions.

13. Entire Agreement

These Terms constitute the full agreement between Client and YOUR AI MVP APP LLC.