Terms of Service

3.1 Account Creation

• You must provide accurate and complete information when creating an account
• You are responsible for maintaining the confidentiality of your account credentials
• You must be at least 16 years old to use the Service
• One person or entity may not maintain multiple accounts

3.2 Account Security

• You are responsible for all activities that occur under your account
• You must immediately notify us of any unauthorized use of your account
• We are not liable for any loss resulting from unauthorized account access

4.1 Permitted Use

You may use the Service only for legitimate business purposes in compliance with all applicable laws, including the TCPA, CAN-SPAM, CASL, CTIA messaging principles, and carrier (10DLC) requirements.

4.2 Prohibited Activities

You may not:

• Use the Service for any illegal or unauthorized purpose
• Send messages without valid prior express consent from recipients
• Send content in any SHAFT category (sex, hate, alcohol, firearms, tobacco) in violation of carrier policy
• Transmit harmful, threatening, abusive, or defamatory content
• Attempt to interfere with or disrupt the Service
• Access or attempt to access accounts or data belonging to others
• Reverse engineer, decompile, or disassemble any part of the Service
• Use the Service to spam or send unsolicited communications
• Violate the terms of service of Dialer.io, Twilio, HubSpot, GoHighLevel, or Close

5.1 Required Accounts

To use the Service you must have a valid Twilio account and at least one connected lead source — either Dialer.io, HubSpot, GoHighLevel, or Close. You are responsible for maintaining these accounts and complying with their respective terms of service.

5.2 Data Access

By connecting your accounts you authorize EverSend to access and synchronize data between those systems as configured by you.

5.3 Third-Party Changes

We are not responsible for changes to third-party services that may affect the functionality of the integration.

7.1 Uptime

While we strive for high availability, we do not guarantee uninterrupted service. We may experience downtime for maintenance, updates, or due to factors beyond our control (including carrier outages).

7.2 Service Modifications

We reserve the right to modify, suspend, or discontinue any part of the Service at any time with reasonable notice to users.

8.1 Fees

Current pricing is available on our website. EverSend charges a platform fee plus per-message and per-conversation usage. We reserve the right to change pricing with 30 days' notice to existing users.

8.2 Payment Terms

• Platform fees are billed in advance for the selected billing period
• Messaging usage is metered against your wallet / credit balance
• All fees are non-refundable unless otherwise specified
• Failure to pay may result in service suspension or termination

9.1 Termination by You

You may terminate your account at any time through your account settings.

9.2 Termination by Us

We may suspend or terminate your account if you:

• Violate these terms
• Fail to pay applicable fees
• Engage in activities that harm the Service, other users, or message recipients

9.3 Effect of Termination

Upon termination your right to use the Service ceases immediately. We may retain certain data as required by law or legitimate business purposes.

10.1 Service Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED.

10.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

10.3 Damage Cap

Our total liability to you for any claims arising from these terms or the Service shall not exceed the amount you paid us in the 12 months preceding the claim.