Terms of Service

1. Acceptance of Terms

By accessing or using OtterText's website, platform, or services ("Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree, do not use the Services.

2. Description of Services

OtterText provides a SHAFT-compliant SMS marketing platform designed for regulated industries including fireworks, firearms, alcohol, and tobacco retail. Our Services include SMS campaign management, compliance tools, subscriber list management, integrations, and related features.

3. Account Registration

• You must be at least 18 years old to create an account.
• You are responsible for maintaining the security of your account credentials.
• You agree to provide accurate, current, and complete information.
• You are responsible for all activity that occurs under your account.

4. Acceptable Use

You agree not to:

• Send unsolicited messages or spam through our platform
• Violate any applicable laws, including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or carrier policies
• Transmit content that is illegal, harmful, threatening, abusive, or otherwise objectionable
• Attempt to interfere with, compromise, or disrupt the Services
• Use the Services for any purpose other than their intended business use

5. SMS Compliance

You are responsible for ensuring that your use of our SMS Services complies with all applicable laws and regulations, including obtaining proper consent from message recipients. OtterText provides compliance tools and guidance but does not guarantee regulatory compliance — ultimate responsibility rests with you, the sender.

6. Pricing & Payment

• Pricing is as described on our website or in your service agreement.
• All fees are non-refundable unless otherwise stated in your plan.
• We reserve the right to change pricing with 30 days' notice.
• Overages beyond your plan's included messages are billed at the per-message rate specified in your plan.

7. Intellectual Property

All content, features, and functionality of the Services — including text, graphics, logos, and software — are owned by OtterText and protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works without our prior written consent.

8. Termination

We may suspend or terminate your access to the Services at any time for violation of these Terms or for any reason with reasonable notice. You may cancel your account at any time by contacting us. Upon termination, your right to use the Services ceases immediately.

9. Limitation of Liability

To the maximum extent permitted by law, OtterText shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly. Our total liability for any claim arising out of or relating to these Terms shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Disclaimer of Warranties

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

11. Governing Law

These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles. Any disputes shall be resolved in the state or federal courts located in Texas.

12. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on our website. Your continued use of the Services after changes constitutes acceptance of the revised Terms.

13. Contact Us

If you have questions about these Terms of Service, contact us at:

OtterText, LLC
Email: legal@ottertext.com