Terms of Service

1. Agreement to these terms

These Terms of Service (the "Terms") are a contract between L7, LLC, doing business as LeveL7 and as LeveL7 Computer Repair, Network Administration & Digital Marketing Services ("L7", "we", "us") and the business or organization that creates or uses an account on L7 SMS Pacing (the "Customer", "you"). They govern your use of the L7 SMS Pacing website, web app, workspaces, and related services (together, the "Service").

You accept these Terms when you create an account, check the box agreeing to them, sign an order form that refers to them, or use the Service. If you accept on behalf of a business, you confirm that you have authority to bind that business. If you do not agree, do not use the Service.

A signed order form or written agreement with L7 controls over these Terms where the two conflict. Our Privacy Policy and the data commitments in section 11 form part of these Terms.

2. The service

L7 SMS Pacing is a business messaging platform. It lets you manage contacts and lists, write message templates, and send SMS, MMS and, where available, RCS campaigns at a controlled pace, then track replies, deliveries, clicks, opt-outs and failures.

• Messages travel through third-party messaging providers (currently including Sent.dm, Twilio and Telnyx) and the mobile carriers behind them. L7 is a software platform, not a telephone carrier.
• Features we describe as "coming soon", beta or preview are offered as-is, may change or be withdrawn, and are not covered by any service commitment.
• Agency accounts may run separate workspaces for their own clients. The agency is responsible for each client workspace it creates or operates as if it were its own account.

3. Accounts and eligibility

• The Service is for businesses and organizations only, not for personal or household use. You must be at least 18 years old and able to enter a binding contract.
• Give us accurate, complete information when you sign up and keep it current, including your legal business name, address, tax ID where needed for registration, website and contact details. Messaging registrations depend on this information being true.
• Each login belongs to one person. Keep passwords secure, do not share logins, and tell us promptly at [email protected] if you suspect unauthorized access. You are responsible for everything done through your account and by the people you invite to it.
• The Service may only be used from, and to send messages to, countries we support. Today that means recipients in the United States and Canada unless we agree otherwise in writing.

4. Approval, plans and limits

New workspaces start in a pending state. You can build lists, templates and campaigns right away, but sending stays off until we have reviewed the account, registered or assigned a sending number, and set your plan to active. We may decline or delay approval at our discretion, for example if we cannot verify your business or the intended use carries compliance risk.

Each workspace has a plan that may include a monthly message cap and an hourly sending limit. When a cap is reached, the Service pauses sending until the next period or until the plan changes. Number registrations also carry carrier-set throughput and daily limits that we cannot override. Paced sending means large lists take time to complete; that is the purpose of the Service, not a defect.

5. Fees and payment

• You agree to pay the fees for your plan or order form, plus usage-based charges such as messages over your included volume, MMS, and number rental.
• Carrier and registry fees are passed through to you. These include 10DLC brand and campaign registration and vetting fees, carrier surcharges per message, and any similar charges that carriers or registries add or change. We may adjust pass-through charges whenever they change upstream.
• Unless your order form says otherwise, fees are billed in advance for subscriptions and in arrears for usage, are due within 15 days of the invoice date, and are stated in US dollars excluding taxes. You are responsible for applicable taxes other than taxes on our income.
• Fees are non-refundable except where these Terms or the law say otherwise. Registration fees are non-refundable even if a carrier or registry rejects a registration.
• If payment is overdue, we may suspend sending after giving you notice. We may change subscription prices with at least 30 days' notice, effective from your next billing period.

6. Messaging compliance

You are the sender of every message sent from your workspace. You decide who receives messages, what they say and when they go out. You are solely responsible for complying with every law, regulation and industry rule that applies to your messages. These include the Telephone Consumer Protection Act (TCPA) and FCC rules, the CAN-SPAM Act where relevant, state telemarketing and "mini-TCPA" laws, Canada's Anti-Spam Legislation (CASL) for Canadian recipients, the CTIA Messaging Principles and Best Practices, carrier codes of conduct, and The Campaign Registry's 10DLC requirements.

Consent

• Obtain the consent the law requires before you text anyone. Marketing and promotional texts generally need the recipient's prior express written consent, given to your business, that names your business and the kind of messages they will receive.
• Do not text numbers bought, rented, scraped, shared or obtained from a list broker, lead seller or affiliate. Consent given to another business does not transfer to you.
• Keep records of each consent (who, when, how, and the disclosure shown) for at least four years after the last message, and give them to us within two business days if a carrier, provider, regulator or we ask.
• Your opt-in disclosures must include your business name, the type and expected frequency of messages, that message and data rates may apply, and how to get help (HELP) and opt out (STOP).

Opt-outs and help

• Honor opt-out requests promptly, whether a recipient replies STOP or uses other reasonable words such as END, CANCEL, UNSUBSCRIBE or QUIT. The Service records standard opt-out keywords automatically and stops sending to those numbers. You must not re-add them or work around that block, and must honor opt-outs you receive any other way.
• Respond to HELP requests with your business name and a way to contact you.
• Identify your business in your messages so recipients know who is texting them.

Timing

The Service only sends campaign messages between 9am and 8pm in the recipient's local time, estimated from the phone number's area code. Area codes are not always accurate, and some states set stricter hours, limit how many messages you may send in a day, or require additional disclosures. You remain responsible for meeting those rules, including by using the business-hour and quiet-day settings the Service provides.

Registration

• Information you give for brand and campaign registration must be true and complete. Send only the kinds of messages a registration was approved for, from the numbers registered for them.
• Do not spread traffic across many numbers to avoid carrier filtering or limits ("snowshoeing"), and do not use the Service to send on behalf of a business that is not registered.

7. Prohibited messages

You may not use the Service to send messages that:

• are illegal where sent or received, or promote illegal goods or services, including cannabis and CBD, illegal drugs, and prescription drugs offered without a prescription;
• carry content that carriers restrict for 10DLC traffic, such as sexual or adult content, hate speech, profanity, firearms and explosives, alcohol or tobacco and vaping offers (except where your registration allows them and you age-gate recipients), and gambling;
• promote high-risk financial offers such as payday loans, debt relief or forgiveness, credit repair, high-interest lending, or "get rich quick" and investment schemes;
• are phishing, fraud, scams, impersonation, or deceptive content, or that hide or misstate the sender's identity;
• harass, threaten or abuse, or that are sent to people who have opted out or never consented;
• contain malware, or links through public URL shorteners (the Service provides its own tracked links, which carriers recognize);
• infringe anyone's intellectual property or privacy rights, or include sensitive personal data (such as full card numbers, government ID numbers or health information) that you are not permitted to send by text;
• are political or advocacy messages, unless we have agreed to them in writing first.

Carriers and providers may add to or change these restrictions at any time, and their rules apply to your traffic whether or not this list mentions them.

8. Acceptable use of the platform

You agree not to:

• access another customer's workspace or data, or try to get around authentication, plan caps, pacing, quiet hours, opt-out blocks or other limits;
• reverse engineer, decompile, scrape or copy the Service, except where the law allows despite this restriction;
• resell, sublicense or provide the Service to third parties, except agency use as described in section 2;
• interfere with or overload the Service, run security or load tests against it without our written permission, or upload anything harmful;
• use the Service to build a competing product, or in violation of export or sanctions laws.

9. Monitoring, filtering and suspension

We do not review every message, but we may review messages, recipient lists, consent records, sending patterns and account details to protect recipients, carriers and the Service. We may, with or without notice:

• block or hold individual messages, pause campaigns, or suspend sending;
• automatically pause campaigns whose opt-out, carrier-filtering or failure rates pass the thresholds the Service shows you;
• suspend or close an account when we reasonably believe it breaks these Terms or the law, puts our numbers or registrations at risk, or when a carrier, provider or authority requires it;
• share information about your account and traffic with carriers, providers, registries and law enforcement when needed to investigate complaints or comply with legal obligations.

Where practical, we will tell you why we acted and give you a chance to fix the issue. We are not liable for losses caused by a suspension made in good faith under this section.

10. Delivery and reporting

Text messaging is not a guaranteed delivery channel. Carriers may filter, delay or reject messages for reasons we cannot see or control, and recipients' phones may be off, out of coverage or unable to show some formats. RCS messages fall back to SMS where a device cannot display them. We do not guarantee that any message will be delivered, delivered by a certain time, or delivered at all.

Delivery, click and failure reports come from providers and carriers and may be delayed, incomplete or later corrected. SMS does not report opens, so the Service does not show open rates. Message segment counts and costs shown in the app are estimates until billed.

11. Your data and privacy

• Your data stays yours. You own the contacts, lists, templates, messages, replies and other content you or your recipients put into the Service ("Customer Data"). You give us permission to host, copy, process, transmit and display Customer Data only as needed to provide, secure and support the Service and to meet our legal obligations.
• For personal data in Customer Data, you are the controller (or "business") and we act as your processor (or "service provider"). We process it on your instructions, do not sell it, and do not use it to market to your contacts.
• We share Customer Data with providers that help run the Service, such as messaging providers and carriers, hosting and database providers, and email delivery for reply forwarding, and only as needed for that purpose.
• The Service records link clicks, delivery events and replies so it can report them to you. You are responsible for telling recipients how you use their information and for having a lawful basis to collect it.
• We use reasonable administrative, technical and physical safeguards to protect Customer Data, including encryption of provider credentials. We will notify you without undue delay after confirming a security incident that affects your Customer Data.
• We may use account and usage information (not message content) to operate, bill and improve the Service, and may create aggregated statistics that do not identify you or any recipient.

12. Carriers and third-party providers

The Service depends on messaging providers, carriers, registries and other third parties whose terms may also apply to your traffic. They can change their rules, fees, throughput or availability, or stop offering a service, at any time. We are not responsible for their acts, omissions or outages, and we may change which providers carry your messages. If a change upstream materially reduces the Service, we will try to give you notice and a reasonable alternative.

13. Intellectual property

We and our licensors own the Service, including its software, design, documentation and trademarks. These Terms give you a limited, non-exclusive, non-transferable right to use the Service during your subscription for your internal business purposes, and no other rights. If you send us feedback or suggestions, we may use them without obligation to you.

14. Confidentiality

Each party will protect the other's non-public information that it receives in connection with the Service with at least reasonable care, use it only for purposes of these Terms, and disclose it only to people who need it and are bound to protect it. This does not apply to information that is public through no fault of the receiving party, already known to it, independently developed, or lawfully received from someone else. A party may disclose information when required by law, after giving notice where allowed.

15. Term and termination

• These Terms apply from when you accept them until your account is closed. Subscriptions renew for successive periods unless either party gives notice before the renewal date.
• You may close your account at any time by contacting us. Closing does not refund fees already paid or cancel fees already owed.
• We may terminate these Terms with 30 days' notice for any reason, or immediately if you materially breach them, fail to pay, or your use creates legal, carrier or security risk.
• When the account closes, sending stops. For 30 days afterward you may ask us to export your Customer Data. After that we delete it within a further 60 days, except copies we must keep by law or that remain in backups until they expire. We may keep consent and opt-out records as long as needed to prevent messages to people who opted out.
• Sections that by their nature should survive termination survive it, including fees owed, compliance and indemnity obligations, confidentiality, disclaimers, limitation of liability and governing law.

16. Disclaimer of warranties

Except as expressly stated in these Terms, the Service is provided "as is" and "as available". To the fullest extent permitted by law, L7 disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, title and non-infringement, and any warranty that the Service will be uninterrupted, error-free or secure, or that messages will be delivered. L7 does not give legal advice, and the Service's compliance features do not make your messaging compliant on their own.

17. Limitation of liability

To the fullest extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, goodwill or data, even if advised of the possibility. Each party's total liability arising out of or relating to these Terms will not exceed the amounts you paid to L7 for the Service in the twelve months before the event giving rise to the claim.

These limits do not apply to your payment obligations, your indemnity obligations, or either party's liability for fraud, gross negligence or willful misconduct, or that cannot be limited by law.

18. Indemnification

You will defend, indemnify and hold harmless L7 and its owners, employees and contractors from any claim, demand, fine, penalty, loss, damage or cost (including reasonable attorneys' fees) by a third party, carrier, provider, registry or government that arises from: your messages or Customer Data; your consent practices or any claim under the TCPA or similar laws; your breach of these Terms or of law; or any client workspace you operate as an agency. We will tell you promptly about the claim, let you control the defense (you may not settle a claim that admits fault for L7 without our consent), and give reasonable help at your expense.

19. Changes to the service or terms

We improve the Service continually and may add, change or remove features. We may update these Terms from time to time. For material changes we will give at least 30 days' notice by email or in the app before they take effect, unless a change is required sooner by law or by a carrier or provider. Continuing to use the Service after an update takes effect means you accept it; if you do not, you may close your account before then. The "Last updated" date above shows the current version.

20. Governing law and disputes

These Terms are governed by the laws of the State of Arizona, without regard to its conflict-of-laws rules. Before filing a claim, each party agrees to try to resolve the dispute informally by written notice and good-faith discussion for at least 30 days. After that, any lawsuit must be brought in the state or federal courts located in Maricopa County, Arizona, and each party consents to their jurisdiction. Either party may seek urgent injunctive relief in any competent court.

To the extent permitted by law, each party waives any right to a jury trial, and claims may be brought only on an individual basis and not as part of any class or representative action.

21. General

• These Terms, together with any order form, are the entire agreement between the parties about the Service and replace earlier agreements on that subject.
• You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition or sale of assets, or to an affiliate.
• Neither party is liable for delays caused by events beyond its reasonable control, such as carrier or internet outages, natural disasters, war or acts of government, except for payment obligations.
• If a provision is found unenforceable, the rest stays in effect and the provision is enforced to the maximum extent allowed. Not enforcing a provision is not a waiver of it.
• The parties are independent contractors. Notices to you may be sent to the email address on your account; notices to us go to [email protected].

22. Contact

Questions about these Terms, a compliance report, or a request about your data: [email protected]. L7, LLC, Arizona.