Terms & Conditions

1. ACCEPTANCE OF TERMS

These Terms and Conditions of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("User," "you," "your," or "Customer") and Fuse Stack ("Company," "we," "us," or "our") governing your access to and use of the Fuse Stack platform, including our website, mobile applications, software, tools, and related services (collectively, the "Services").

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms, and "you" refers to such entity.

3. ACCOUNT OWNERSHIP AND NON-TRANSFERABILITY

3.1 Account Ownership

Your Fuse Stack account, including all associated data, configurations, and subscriptions, is personal to you or your business entity and is NON-TRANSFERABLE.

3.2 Prohibition on Transfer

YOU MAY NOT:

• Transfer your account to another individual or entity
• Sell, assign, or sublicense your account or subscription
• Share your account credentials with unauthorized parties
• Transfer phone numbers, data, or configurations to other accounts
• Allow another business to operate under your account

3.3 Business Ownership Changes

If your business undergoes a change in ownership (acquisition, merger, sale), you must:

• Notify Fuse Stack in writing within 30 days
• Provide documentation of the ownership change
• Request written approval for account continuation
• Complete any required re-verification processes

We reserve the right to require the new owner to create a new account and migrate data according to our policies.

4. SUBSCRIPTION PLANS AND BILLING

4.1 Subscription Tiers

Fuse Stack offers multiple subscription tiers:

• Starter Plan: $97/month
• Professional Plan: $197/month
• Agency Plan: $297/month

4.2 Free Trial Period

New customers may be eligible for a 14-day or 30-day free trial (as specified at signup). During the trial:

• You have access to plan features as described
• You must provide valid payment information
• You will be automatically charged when the trial ends unless you cancel
• No refund is provided for trial subscriptions

4.3 Billing and Payment

Recurring Charges:

• Subscriptions are billed monthly in advance
• Payment is due on the same day each month (your billing date)
• You authorize us to charge your payment method automatically
• Failed payments may result in service suspension

4.5 Refund Policy

5. SERVICE USAGE AND ACCEPTABLE USE POLICY

5.2 PROHIBITED USES AND ACTIVITIES

Illegal Activities:

• Use the Services for any illegal purpose or in violation of any laws
• Facilitate fraud, theft, or criminal activity
• Violate intellectual property rights
• Engage in money laundering or terrorist financing

Abusive Messaging Practices:

• Send spam or unsolicited bulk messages
• Send messages without proper opt-in consent
• Fail to honor opt-out requests immediately
• Use purchased or scraped contact lists
• Engage in SMS pumping or traffic pumping schemes
• Send messages that violate TCPA, CAN-SPAM, or CTIA guidelines

High-Risk Content (STRICTLY PROHIBITED):

• ❌ Adult content, pornography, or escort services
• ❌ Cannabis, CBD, or marijuana products (where prohibited by law)
• ❌ Payday loans, debt collection, or debt relief services
• ❌ Cryptocurrency, NFTs, or high-risk financial services
• ❌ Get-rich-quick schemes or pyramid schemes
• ❌ Weapons, ammunition, or explosives
• ❌ Illegal drugs or controlled substances
• ❌ Gambling or online gaming (where prohibited)

6. A2P MESSAGING COMPLIANCE

6.1 A2P Registration Requirements

To use SMS and voice calling features, you must independently complete your own A2P compliance registration:

• Complete The Campaign Registry (TCR) registration for your business
• Provide accurate business information to carriers
• Submit campaign use case descriptions
• Maintain carrier compliance standards at all times
• Pay applicable carrier registration fees directly
• Ensure all messaging complies with carrier requirements

6.2 Message Consent and Opt-Out

Required Opt-Out Language:
Every marketing message must include: "Reply STOP to opt-out"

6.4 TCPA and CAN-SPAM Compliance

You must comply with:

• Telephone Consumer Protection Act (TCPA)
• CAN-SPAM Act
• CTIA Messaging Principles and Best Practices
• State and federal telemarketing laws
• FCC regulations

7. ACCOUNT SUSPENSION AND TERMINATION

7.1 Our Right to Suspend or Terminate

Violations of Terms:

• Breach of any provision of these Terms
• Violation of Acceptable Use Policy
• Non-compliance with A2P regulations
• Failure to pay fees when due
• Providing false or misleading information

Risk and Compliance:

• High spam complaint rates (>0.3%)
• Carrier violations or warnings
• Suspected fraud or illegal activity
• Regulatory or legal orders
• Excessive chargebacks or disputes

7.2 Effects of Suspension or Termination

Upon suspension or termination:

• Your access to the Services will be immediately revoked
• All active campaigns, automations, and workflows will stop
• Phone numbers will be released and may be reassigned
• Data access will be restricted
• No refunds will be provided for unused subscription time
• Outstanding fees remain due and payable

7.3 Data Retention After Termination

• You have 30 days to export your data after termination
• After 30 days, we may permanently delete your data
• Call recordings and compliance data may be retained longer as required by law
• We are not responsible for data loss due to account termination

8. INTELLECTUAL PROPERTY RIGHTS

8.1 Our Intellectual Property

All intellectual property rights in the Services, including software, code, algorithms, trademarks, logos, branding, website content, documentation, and trade secrets, are owned by Fuse Stack or our licensors. These Terms do not grant you any ownership rights in the Services.

8.2 License to Use Services

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for your internal business purposes, subject to these Terms.

8.3 Your Content and Data

You retain all ownership rights to customer data you input into the platform, content you create (emails, messages, templates), and your business information and materials.

License to Us: By using the Services, you grant us a worldwide, royalty-free license to host, store, process your data, display your content within the Services, make backups, and use anonymized data for analytics and improvements. We will not sell or share your data with third parties for their marketing purposes.

9. DISCLAIMERS AND WARRANTIES

9.1 AS-IS BASIS

9.2 No Guarantee of Results

We do not guarantee:

• Increased revenue or business growth
• Specific ROI or performance outcomes
• Message delivery rates
• Platform uptime or availability
• Compatibility with your specific use case

10. LIMITATION OF LIABILITY

10.1 Maximum Liability

10.2 Excluded Damages

WE SHALL NOT BE LIABLE FOR:

• Indirect, incidental, or consequential damages
• Lost profits, revenue, or business opportunities
• Loss of data or information
• Cost of substitute services
• Damages from service interruptions or downtime
• Damages from third-party actions or services
• Damages from unauthorized access to your account
• Regulatory fines or penalties you incur

THIS LIMITATION APPLIES EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11. INDEMNIFICATION

12. DISPUTE RESOLUTION

12.2 BINDING ARBITRATION

Arbitration Rules:

• Arbitration will be conducted by JAMS under its Comprehensive Arbitration Rules
• The arbitration will be held in [Your State/Location] or remotely
• The arbitrator's decision is final and binding
• You may only bring claims in your individual capacity (no class actions)

12.3 CLASS ACTION WAIVER

---