Terms of Service

1. Agreement to terms

These Terms of Service (the “Terms”) form a binding agreement between you (and the organization you represent, “Customer”) and mittis.ai LLC (“Mittis,” “we,” “us”). If you use the service on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the service.

2. The service

Mittis provides an application-to-person (A2P) messaging platform, including conversations, campaigns, number provisioning and porting, analytics, a developer API, and assistance registering brands and campaigns with The Campaign Registry and carriers. We may update, improve, or modify the service over time.

3. Accounts & eligibility

• You must provide accurate, complete account information and keep it current.
• You are responsible for safeguarding your credentials and API keys and for all activity under your account.
• You must be a business or other organization (or authorized representative) using the service for lawful A2P messaging.

4. Acceptable use & compliance

Your use of the service must comply with our Acceptable Use Policy, our Messaging Policy, all applicable laws and regulations (including the TCPA and CAN-SPAM where applicable), the CTIA Messaging Principles and Best Practices, and the rules of The Campaign Registry and the carriers. You are responsible for obtaining and maintaining valid consent from message recipients and for the content you send.

5. Brand & campaign registration

Because Mittis registers directly as a Campaign Service Provider, brands and campaigns are registered under your identity, and you own that registration. You are responsible for the accuracy of the information you provide for registration. Carriers and The Campaign Registry may approve, reject, suspend, or impose throughput limits on brands and campaigns; these decisions are outside our control.

6. Fees & payment

• Platform fees are USD $50 per account per month, and messaging is billed at a flat USD $0.008 per message, unless otherwise agreed in writing.
• Certain carrier and regulatory fees set by third parties are passed through at cost as separate line items.
• Fees are billed in advance or in arrears as described at signup, are non-refundable except as required by law, and are exclusive of taxes, which you are responsible for.
• We may change pricing on prospective notice. Continued use after a change takes effect constitutes acceptance.

7. Customer data

As between the parties, you retain all rights to the data you submit to the service. You grant us a limited license to host, process, and transmit that data to provide the service. Our handling of personal information is described in our Privacy Policy and Data Processing Addendum.

8. Suspension & termination

We may suspend or terminate access if you breach these Terms, the AUP, or applicable law; if required by a carrier, regulator, or The Campaign Registry; or to protect the service or others from harm. You may stop using the service at any time. On termination, your right to use the service ends; we will make your data available for export for a reasonable period as described in the DPA, after which it may be deleted.

9. Warranties & disclaimers

The service is provided “as is” and “as available.” To the maximum extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that message delivery will be uninterrupted, timely, or error-free, as delivery depends on carriers and other third parties.

10. Limitation of liability

To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, or punitive damages, or for lost profits or revenues. Our aggregate liability arising out of or relating to the service will not exceed the amounts you paid to us for the service in the twelve months preceding the event giving rise to the claim.

11. Indemnification

You will indemnify and hold harmless Mittis from claims, damages, and expenses arising out of your content, your use of the service, your violation of these Terms or applicable law, or your failure to obtain proper consent from message recipients.

12. Changes to these Terms

We may update these Terms from time to time. We will post the updated version with a new “Last updated” date and, where appropriate, provide additional notice. Continued use after changes take effect constitutes acceptance.

13. Governing law & disputes

These Terms are governed by the laws of [GOVERNING JURISDICTION], without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the courts located in [VENUE], except that either party may seek injunctive relief where appropriate.

14. Contact

Questions about these Terms? Contact legal@mittis.ai.