Terms of Service

1. Acceptance of Terms

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

If you do not agree to these Terms, you may not access or use the Service. We reserve the right to modify these Terms at any time. Continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Description of Service

DualBlaster is a software platform that enables you to create and send SMS and email marketing campaigns using your own third-party service provider accounts. Key aspects of our service model:

• Bring Your Own Keys (BYOK): You must provide your own Twilio account for SMS and SendGrid account for email services
• Direct Billing: All messaging costs (SMS and email delivery) are billed directly to you by Twilio and SendGrid at their rates
• Platform Fee: DualBlaster charges a flat monthly subscription fee based on your message volume tier
• No Per-Message Fees: We do not charge any additional per-message fees on top of your carrier costs

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account and provide accurate, complete information. You must be at least 18 years old and have the legal capacity to enter into these Terms.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us of any unauthorized use of your account.

3.3 API Credentials

You are solely responsible for:

• Maintaining valid Twilio and/or SendGrid accounts in good standing
• Ensuring your API credentials are valid and have appropriate permissions
• Maintaining sufficient account balance with Twilio and SendGrid for your messaging needs
• Complying with Twilio's and SendGrid's terms of service and acceptable use policies

4. Acceptable Use Policy

You agree NOT to use the Service to:

4.1 Consent Requirements

You represent and warrant that you have obtained proper consent from all recipients before sending messages. This includes:

• SMS: Express written consent as required by TCPA and applicable laws
• Email: Opt-in consent as required by CAN-SPAM, GDPR, and applicable laws
• Maintaining records of consent that can be produced upon request
• Honoring all opt-out and unsubscribe requests promptly

4.2 Contact List Requirements

All contacts you upload or manage through the Service must be legitimately obtained. Purchased lists, scraped data, or contacts obtained without proper consent are strictly prohibited.

5. Messaging Compliance

5.1 SMS Compliance (United States)

• Comply with the Telephone Consumer Protection Act (TCPA)
• Obtain express written consent before sending marketing messages
• Honor the National Do Not Call Registry where applicable
• Include clear opt-out instructions (e.g., "Reply STOP to unsubscribe")
• Process opt-out requests immediately
• Comply with 10DLC registration requirements for A2P messaging

5.2 Email Compliance

• Comply with CAN-SPAM Act requirements (for US recipients)
• Include accurate sender information and physical address
• Use truthful subject lines that reflect message content
• Include visible and functional unsubscribe mechanism
• Honor unsubscribe requests within 10 business days
• Comply with GDPR for EU recipients (consent, data rights, etc.)

5.3 International Compliance

If you send messages to recipients outside the United States, you are responsible for complying with all applicable local laws, including but not limited to GDPR (EU), CASL (Canada), PECR (UK), and other regional regulations.

6. Subscription and Billing

6.1 Subscription Plans

DualBlaster offers subscription plans based on monthly message volume tiers. Your plan determines the maximum number of messages you can send per month through the platform.

6.2 Platform Fees

• Subscription fees are billed monthly in advance
• All fees are non-refundable except as required by law
• We may change pricing with 30 days notice
• Exceeding your plan's contact limit may require upgrading your plan

6.3 Third-Party Costs

6.4 Free Trial

We may offer a free trial period. At the end of the trial, you must subscribe to a paid plan to continue using the Service. We reserve the right to limit or modify free trial offerings.

7. AI Message Composer

Our AI Message Composer feature uses artificial intelligence to generate marketing content. By using this feature:

• You acknowledge that AI-generated content may require review and editing
• You are solely responsible for reviewing and approving all content before sending
• We make no warranties about the accuracy, appropriateness, or effectiveness of AI-generated content
• You retain responsibility for ensuring all sent messages comply with applicable laws
• AI-generated content may be processed by third-party AI providers

8. Intellectual Property

8.1 Our Property

The Service, including its design, features, and content (excluding your data), is owned by DualBlaster and protected by intellectual property laws. You may not copy, modify, or reverse engineer any part of the Service.

8.2 Your Content

You retain ownership of all content you create or upload, including contacts, campaigns, and messages. You grant us a limited license to use this content solely to provide the Service to you.

8.3 Feedback

Any feedback, suggestions, or ideas you provide about the Service may be used by us without obligation or compensation to you.

9. Disclaimer of Warranties

10. Limitation of Liability

11. Indemnification

You agree to indemnify, defend, and hold harmless DualBlaster and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or regulation, including TCPA, CAN-SPAM, and GDPR
• Your messaging campaigns and their content
• Claims by recipients of your messages
• Any fines or penalties imposed by regulatory authorities related to your messaging activities
• Your violation of any third party's rights

12. Termination

12.1 Termination by You

You may terminate your account at any time through the Settings page. Upon termination, you will lose access to the Service and your data will be deleted according to our Privacy Policy.

12.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms or our Acceptable Use Policy
• We receive complaints about spam or unsolicited messages from your account
• Twilio or SendGrid suspends or terminates your account with them
• We are required to do so by law
• Your account poses a security risk

12.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. Sections regarding intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution survive termination.

13. Dispute Resolution

13.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

13.2 Informal Resolution

Before filing any claim, you agree to attempt to resolve disputes informally by contacting us. We will work in good faith to resolve issues within 30 days.

13.3 Arbitration

If informal resolution fails, disputes will be resolved through binding arbitration in accordance with the American Arbitration Association's rules. The arbitration will be conducted in Delaware.

13.4 Class Action Waiver

You agree to resolve disputes individually and waive any right to bring or participate in any class action, collective action, or representative proceeding.

14. General Provisions

14.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and DualBlaster regarding the Service.

14.2 Severability

If any provision of these Terms is found unenforceable, the remaining provisions will continue in effect.

14.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

14.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations without restriction.