1. Agreement to Terms

By accessing or using UserChat ("Service"), you agree to be bound by these Terms of Service. If you are using the Service on behalf of a business, you represent that you have authority to bind that business to these terms.

2. Description of Service

UserChat is an SMS marketing platform that enables businesses to:

Send SMS marketing campaigns to opted-in contacts
Manage contact lists via CSV import
Engage in two-way messaging with customers
Access analytics and campaign performance data
Use AI-powered personalization features

3. Account Registration

To use the Service, you must create an account and provide accurate, complete information. You are responsible for maintaining the security of your account credentials and for all activities that occur under your account.

4. Acceptable Use

You agree to use the Service only for lawful, legitimate business purposes and in compliance with all applicable telecommunications regulations. You are fully responsible for all content sent through your account. You must NOT:

Send messages to contacts who have not explicitly opted in to receive them
Send spam, unsolicited messages, or deceptive content
Violate any applicable laws, including data protection and anti-spam regulations
Impersonate any person or entity
Attempt to gain unauthorized access to our systems
Use the Service to distribute malware or phishing content
Resell or redistribute the Service without authorization
Use the Service in any way that could damage, disable, or impair our infrastructure

5. Prohibited Content (Zero Tolerance)

UserChat enforces a strict zero-tolerance policy on abusive, harmful, and illegal content. You must NOT use the Service to send, distribute, or facilitate any of the following:

Threats and violence: Death threats, threats of physical harm, intimidation, or any content intended to threaten, terrorize, or incite violence against any person or group
Harassment and bullying: Targeted harassment, cyberbullying, stalking, or any repeated unwanted contact intended to intimidate, demean, or distress another person
Sexual and explicit content: Sexually explicit material, pornography, unsolicited sexual messages, sexual solicitation, or any content of a sexual nature that is not appropriate for a business messaging platform
Hate speech and discrimination: Content that promotes hatred, violence, or discrimination based on race, ethnicity, national origin, religion, gender, gender identity, sexual orientation, disability, or any other protected characteristic
Illegal activity: Content promoting or facilitating illegal activities including drug trafficking, weapons sales, fraud, money laundering, human trafficking, or exploitation of any kind
Child exploitation: Any content involving the exploitation or abuse of minors in any form. Such content will be reported to the relevant authorities immediately.
Self-harm and dangerous content: Content that promotes, glorifies, or encourages self-harm, suicide, eating disorders, or other dangerous behaviors
Misinformation and fraud: Deliberately false or misleading content, scams, phishing attempts, or deceptive schemes designed to defraud recipients
Doxxing and privacy violations: Sharing private or personal information of others without their consent, including addresses, phone numbers, financial information, or other sensitive data

All attempts to send prohibited content are automatically logged and tracked, including the message content, your account information, and a running count of violations. Violations will result in immediate account suspension or permanent termination without refund. We reserve the right to report illegal content and activity to law enforcement authorities and may share violation records as part of any investigation.

6. Consent Requirements

You are solely responsible for obtaining proper consent from your contacts before sending them SMS messages. This includes:

Obtaining explicit opt-in consent for marketing communications
Providing clear information about what messages contacts will receive
Honoring opt-out requests promptly
Maintaining records of consent

Failure to comply with consent requirements may result in account suspension or termination.

7. SMS Compliance

Your use of the Service is subject to telecommunications regulations including the Telephone Consumer Protection Act (TCPA), the Cellular Telecommunications Industry Association (CTIA) guidelines, and carrier policies. You acknowledge that carriers may limit or restrict messaging capabilities based on content quality and compliance.

SMS Program Terms

By using UserChat to send SMS messages, you and your message recipients are subject to the following terms:

Consent: You must obtain express written consent from each recipient before sending any SMS messages. Consent must be freely given, clearly documented, and include disclosure of the type of messages the recipient will receive.
Message frequency: Message frequency varies based on the campaigns and communications you configure. You must disclose expected message frequency to recipients at the time of opt-in.
Message and data rates: Standard message and data rates may apply to messages sent and received. Recipients should be informed that their carrier's standard messaging rates apply.
Opt-out (STOP): Recipients may opt out of receiving messages at any time by replying STOP to any message. You must honor all opt-out requests immediately. No further messages may be sent to a recipient who has opted out unless they re-subscribe.
Help: Recipients may reply HELP at any time to receive assistance information, including a contact method for support.
No mobile information sharing: Mobile information collected through SMS opt-in will not be sold, rented, or shared with third parties for promotional or marketing purposes. See our Privacy Policy for details.

Your Obligations

As a business using UserChat, you are responsible for:

Providing a clear and conspicuous opt-in disclosure to your contacts that includes the SMS use case type, message frequency, data rates notice, STOP instructions, HELP instructions, and links to your privacy policy and terms of service
Maintaining records of consent for all recipients
Processing opt-out requests immediately and maintaining a suppression list
Ensuring your messaging content complies with all applicable laws and CTIA guidelines
Not sending messages outside of appropriate hours (generally 8 AM to 9 PM in the recipient's local time zone)

8. Subscription and Payment

Access to the Service requires a paid subscription. By subscribing, you agree to pay the applicable fees as described on our pricing page. Subscriptions are billed monthly and renew automatically unless cancelled.

Fees are non-refundable except as required by law
We may change pricing with 30 days' notice
Message limits are based on your plan tier
Unused messages do not roll over to the next billing period

9. Intellectual Property

The Service and its original content, features, and functionality are owned by UserChat and are protected by intellectual property laws. You retain ownership of your content (contact lists, message templates, etc.) and grant us a license to use it to provide the Service.

10. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. You are responsible for ensuring your use of the Service complies with applicable data protection laws, including GDPR where applicable.

11. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted access to the Service. We may temporarily suspend access for maintenance, updates, or circumstances beyond our control. Message delivery depends on carrier infrastructure and is not guaranteed.

12. Limitation of Liability

To the maximum extent permitted by law, UserChat shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities. Our total liability shall not exceed the fees paid by you in the 12 months preceding the claim.

13. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied. We do not warrant that the Service will be error-free, secure, or meet your specific requirements.

14. Indemnification

You agree to indemnify and hold harmless UserChat from any claims, damages, or expenses arising from your use of the Service, your violation of these terms, or your violation of any rights of a third party, including claims related to messages you send through the platform.

15. Termination

We may suspend or terminate your access to the Service immediately, without prior notice or refund, for conduct that we believe violates these terms, including but not limited to violations of our Acceptable Use and Prohibited Content policies. Specifically:

Immediate termination: Accounts found sending death threats, sexually explicit content, hate speech, or any content listed under Section 5 will be terminated immediately and permanently without warning or refund
Data preservation: We may retain records of prohibited content for the purpose of cooperating with law enforcement investigations
Repeat offenders: Users who have been terminated for policy violations are permanently banned from creating new accounts

You may cancel your subscription at any time through your account settings.

16. Changes to Terms

We reserve the right to modify these terms at any time. We will notify you of material changes via email or through the Service. Your continued use of the Service after changes take effect constitutes acceptance of the revised terms.

17. Governing Law

These terms shall be governed by and construed in accordance with applicable laws, without regard to conflict of law principles.

18. Contact

For questions about these Terms of Service, please contact us at:

Email: hello@userchat.so