1. Acceptance of These Terms

By accessing, purchasing, registering for, or using any portion of the Services, you agree to be bound by these Terms and all policies incorporated into these Terms by reference.

If you are using the Services on behalf of a business, organization, or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms. In that case, “you” and “Customer” refer to that entity and its authorized users.

If you do not agree to these Terms, you may not access or use the Services.

2. Business Use

Reach Bullet is a business communications platform intended primarily for commercial and organizational use.

You represent that you are at least 18 years old and have legal capacity to enter into these Terms.

3. The Reach Bullet Services

The Services may include, among other functionality:

SMS and MMS messaging;
bulk and individual messaging campaigns;
two-way messaging and inbox functionality;
contact and list management;
telephone-number intelligence and lookup services;
carrier and line-type identification;
automations and workflow tools;
APIs and webhooks;
integrations with third-party systems;
analytics and reporting;
message routing and telecommunications infrastructure; and
other features that Reach Bullet may make available.

We may add, modify, suspend, replace, or discontinue any portion of the Services at any time, subject to applicable law.

4. Customer Controls All Messaging Activity

Reach Bullet provides communications technology and infrastructure. You independently determine:

who receives your communications;
how recipient information was obtained;
when communications are sent;
the content of communications;
the frequency of communications;
the commercial or non-commercial purpose of communications;
the lists and data uploaded to your account; and
how you use replies and information generated through the Services.

Reach Bullet does not select your recipients, create your recipient lists, determine whether consent exists, or determine whether any particular communication is lawful.

5. Messaging Compliance Is Your Responsibility

You are solely responsible for ensuring that all communications, campaigns, contact lists, data practices, and other uses of the Services comply with all laws, regulations, industry requirements, carrier rules, contractual requirements, and applicable codes of conduct.

This responsibility includes, where applicable, compliance with laws and requirements concerning:

telephone and text-message marketing;
consumer consent;
revocation of consent;
do-not-call requirements;
marketing and advertising;
privacy and data protection;
consumer protection;
sender identification;
message frequency;
opt-out requests;
suppression lists;
recordkeeping;
industry and telecommunications requirements; and
federal, state, local, and international law.

You acknowledge that laws and telecommunications requirements may vary based on message type, technology, recipient, jurisdiction, industry, and other circumstances.

Reach Bullet does not provide legal advice and does not represent that use of the Services makes any campaign or communication compliant with applicable law.

6. Customer Representations and Warranties

Each time you use the Services, you represent and warrant that:

you have all rights, licenses, permissions, authority, consents, and lawful bases necessary to possess, upload, process, and use the data submitted to Reach Bullet;
you have all legally required authority to contact each recipient through the communication method you select;
all information provided to Reach Bullet is accurate and not misleading;
your use of the Services does not violate applicable law, regulation, contractual obligations, or third-party rights;
you will honor all applicable opt-out, STOP, unsubscribe, revocation, and suppression requests;
you will maintain records sufficient to establish any consent or other legal authority you rely upon;
you will not use the Services in a fraudulent, deceptive, abusive, unlawful, or misleading manner; and
you will comply with Reach Bullet's Acceptable Use Policy, Messaging Compliance Policy, and other applicable policies.

7. Proof of Consent and Compliance

Reach Bullet may, but is not obligated to, request records demonstrating your authority to contact recipients or your compliance with applicable requirements.

You agree to promptly provide requested records, which may include consent records, opt-in language, source information, timestamps, IP addresses, forms, agreements, suppression records, campaign information, or other supporting documentation.

Failure to provide satisfactory documentation may result in restriction, suspension, or termination of your account.

8. Prohibited Uses

You may not use the Services to engage in, facilitate, promote, or transmit:

fraud or attempted fraud;
phishing or impersonation;
deceptive or materially misleading communications;
unlawful threats, harassment, or abuse;
malware or malicious code;
communications prohibited by applicable law;
content that infringes third-party intellectual-property rights;
unlawful collection, purchase, sale, or use of personal information;
spoofing or unauthorized sender impersonation;
circumvention of carrier, platform, compliance, or security controls;
activity intended to manipulate, overload, or damage telecommunications networks;
illegal goods, services, or transactions; or
any activity prohibited under our Acceptable Use Policy.

9. Opt-Outs and Suppression

You are responsible for honoring all legally required opt-out, unsubscribe, STOP, revocation, and similar requests.

Reach Bullet may maintain or process suppression information to help prevent continued messaging to recipients who have opted out.

You may not intentionally circumvent, disable, override, manipulate, or evade suppression or opt-out functionality.

10. Telephone Number Intelligence

Reach Bullet may provide telephone-number lookup information, including number validity, carrier, country, line type, mobile classification, landline classification, VoIP classification, and related information.

Lookup information is derived from third-party data sources, telecommunications information, and other systems and may contain errors, delays, omissions, or outdated information.

Reach Bullet does not guarantee that telephone-number intelligence is complete, accurate, current, or suitable for any particular purpose.

You are responsible for determining whether and how to rely upon lookup information.

11. Telecommunications Providers and Third Parties

Reach Bullet relies on third-party telecommunications carriers, aggregators, messaging providers, cloud providers, data providers, software vendors, and other infrastructure providers to provide portions of the Services.

Communications may be delayed, filtered, blocked, rejected, modified, reclassified, or otherwise affected by third parties outside Reach Bullet's control.

Reach Bullet is not responsible for acts, omissions, outages, filtering decisions, carrier enforcement actions, pricing changes, service interruptions, or other conduct of independent third parties.

12. No Guarantee of Delivery or Performance

Reach Bullet does not guarantee:

message delivery;
delivery speed;
delivery to any particular carrier or recipient;
response rates;
conversion rates;
carrier acceptance;
number availability;
campaign performance;
continuous platform availability;
specific throughput; or
any particular commercial result.

Messaging performance may depend on factors outside Reach Bullet's control.

13. Account Registration and Security

You must provide accurate account information and maintain the confidentiality and security of account credentials, passwords, API keys, access tokens, and connected systems.

You are responsible for all activity occurring through your account, including activity by employees, contractors, agents, integrations, API users, and any other persons who obtain access through credentials associated with your account.

You must promptly notify Reach Bullet if you suspect unauthorized access or compromise.

14. API and Integration Use

You are responsible for all activity performed through API credentials issued to your account.

You may not share, publish, expose, sublicense, sell, or improperly distribute API credentials.

We may impose technical limits, authentication requirements, rate limits, security controls, or other restrictions on API usage.

15. Fees and Usage Charges

You agree to pay all subscription fees, messaging charges, telephone-number lookup charges, taxes, carrier-related fees, and other charges associated with your account according to the pricing applicable at the time of use.

Messaging may be priced per message, segment, media message, lookup, number, or other usage unit.

SMS messages may consist of multiple billable segments depending on content, encoding, length, and other technical factors.

16. Subscription Billing

If you purchase a recurring subscription, you authorize Reach Bullet and its payment processors to charge the applicable subscription fee and other authorized amounts using your selected payment method according to the billing frequency disclosed at purchase.

Unless otherwise stated, recurring subscriptions continue until canceled in accordance with the cancellation process made available by Reach Bullet.

17. Prepaid Credits

Reach Bullet may permit customers to purchase prepaid messaging or usage credits.

Except where required by applicable law, credits:

have no cash value;
are not redeemable for cash;
are not transferable between unrelated accounts;
may only be used for eligible Reach Bullet Services; and
are subject to any expiration or usage rules disclosed at purchase.

18. Taxes and Third-Party Charges

Fees displayed by Reach Bullet may exclude taxes, telecommunications surcharges, governmental assessments, carrier charges, or other third-party charges unless expressly stated otherwise.

You are responsible for applicable taxes and charges associated with your use of the Services, except taxes imposed directly on Reach Bullet's net income.

19. Refunds

Except where required by applicable law or expressly agreed by Reach Bullet in writing, subscription fees, usage charges, messaging charges, lookup fees, prepaid credits, and other fees are non-refundable.

You are responsible for reviewing usage and account settings before initiating campaigns or other billable activity.

20. Chargebacks and Payment Disputes

You agree to contact Reach Bullet first regarding any billing dispute and provide us a reasonable opportunity to investigate before initiating a chargeback where permitted by applicable law.

Fraudulent, abusive, or improper chargebacks may result in account suspension or termination and collection of amounts legitimately owed, including reasonable recovery costs where permitted by law.

21. Suspension and Termination

Reach Bullet may immediately restrict, suspend, throttle, disable, or terminate your account or any portion of the Services if we reasonably believe:

your activity violates these Terms or our policies;
your activity may violate law or third-party rights;
your activity presents compliance, carrier, reputational, security, or operational risk;
a telecommunications provider, regulator, government authority, or other third party requires or requests action;
your account presents excessive complaints or opt-outs;
payment is overdue or reversed;
your account appears compromised;
your activity threatens the Services or other customers; or
suspension is otherwise reasonably necessary to protect Reach Bullet or its providers.

Reach Bullet is not obligated to provide advance notice before taking protective action where immediate action is reasonably necessary.

22. Investigations and Cooperation

Reach Bullet may investigate suspected violations, complaints, security events, carrier inquiries, regulatory inquiries, fraud, abuse, or other activity involving the Services.

You agree to reasonably cooperate with such investigations and provide requested information.

23. Customer Data

As between you and Reach Bullet, you retain your ownership rights in Customer Data, subject to these Terms.

You grant Reach Bullet and its service providers a worldwide, non-exclusive license to host, store, reproduce, transmit, process, modify as technically necessary, and otherwise use Customer Data solely as necessary to provide, secure, support, operate, and improve the Services and comply with legal obligations.

24. Reach Bullet Intellectual Property

Reach Bullet and its licensors retain all rights, title, and interest in the Services, software, technology, interfaces, APIs, documentation, designs, trademarks, logos, systems, and related intellectual property.

Except for the limited right to use the Services under these Terms, no rights are transferred to you.

25. Feedback

If you provide suggestions, ideas, feedback, recommendations, or other input concerning the Services, you grant Reach Bullet a perpetual, worldwide, irrevocable, royalty-free right to use that feedback without restriction or compensation.

26. Beta and Experimental Features

Certain functionality may be identified as beta, preview, experimental, early access, or otherwise not generally available.

Such functionality may contain errors, may change without notice, and may be discontinued at any time.

27. DISCLAIMER OF WARRANTIES

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

REACH BULLET DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, PERFORMANCE, SECURITY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

REACH BULLET DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPLIANT WITH YOUR PARTICULAR LEGAL OBLIGATIONS, OR THAT ANY MESSAGE WILL BE DELIVERED OR PRODUCE ANY PARTICULAR RESULT.

28. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, REACH BULLET AND ITS OWNERS, MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, LICENSORS, SERVICE PROVIDERS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OPPORTUNITY, OR ANTICIPATED SAVINGS, REGARDLESS OF THEORY OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF REACH BULLET ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS ACTUALLY PAID BY YOU TO REACH BULLET DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS ($100).

THESE LIMITATIONS APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE AND EVEN IF REACH BULLET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

29. CUSTOMER INDEMNIFICATION

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU WILL DEFEND, INDEMNIFY, AND HOLD HARMLESS REACH BULLET, Reach Bullet LLC, AND EACH OF THEIR AFFILIATES, OWNERS, MEMBERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, TELECOMMUNICATIONS PROVIDERS, VENDORS, SERVICE PROVIDERS, SUCCESSORS, AND ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, INVESTIGATIONS, ACTIONS, PROCEEDINGS, DAMAGES, JUDGMENTS, SETTLEMENTS, PENALTIES, FINES, LOSSES, LIABILITIES, COSTS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, ARISING OUT OF OR RELATING TO:

your access to or use of the Services;
your communications, campaigns, advertisements, marketing, or message content;
the recipients you contact;
your collection, purchase, possession, upload, use, sharing, or processing of Customer Data;
any allegation that you contacted a person without sufficient permission, consent, or lawful authority;
any violation or alleged violation of telephone, messaging, marketing, privacy, consumer-protection, advertising, data-protection, or other law;
any violation or alleged violation of carrier or telecommunications requirements;
your failure to honor an opt-out, revocation, unsubscribe, suppression, or do-not-contact request;
your violation of these Terms or any Reach Bullet policy;
your infringement or alleged infringement of any third-party right;
fraud, negligence, misconduct, or unlawful activity by you or anyone using your account; or
any claim arising from your products, services, business practices, or relationship with your recipients.

Reach Bullet reserves the right to assume exclusive control of the defense of any matter subject to indemnification, at your expense, and you agree to reasonably cooperate.

You may not settle any claim in a manner that imposes liability, admission, obligation, or restriction on Reach Bullet without Reach Bullet's prior written consent.

30. Release

To the maximum extent permitted by applicable law, you release Reach Bullet and its affiliates, personnel, vendors, and service providers from claims arising from disputes between you and your recipients, customers, prospects, employees, contractors, telecommunications providers, integrations, or other third parties.

31. No Legal, Compliance, or Professional Advice

Information, functionality, settings, templates, workflows, documentation, or other materials made available through Reach Bullet are provided for informational and technological purposes only.

Reach Bullet does not provide legal, compliance, regulatory, tax, or other professional advice.

You should consult qualified advisers regarding obligations applicable to your business and communications.

32. Changes to Pricing and Services

Reach Bullet may modify its pricing, usage rates, plans, functionality, limits, providers, or commercial terms from time to time.

Changes will apply prospectively as disclosed by Reach Bullet, subject to applicable law and any written agreement stating otherwise.

33. Modification of These Terms

We may modify these Terms from time to time.

Updated Terms will become effective when posted or on the date otherwise specified, subject to any notice requirements imposed by applicable law.

Continued use of the Services after updated Terms become effective constitutes acceptance of those Terms to the extent permitted by law.

34. Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Services will be governed by the laws of the State of Florida, without regard to conflict-of-law principles, except to the extent federal law applies.

35. Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

Except for claims that may not lawfully be subject to arbitration and requests for temporary or preliminary injunctive relief relating to intellectual property, unauthorized access, security, or misuse of the Services, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, your account, or your relationship with Reach Bullet will be resolved by final and binding arbitration rather than in court.

The arbitration will be conducted on an individual basis before a single arbitrator pursuant to the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its applicable commercial arbitration rules, unless the parties agree otherwise.

Unless otherwise required by applicable law, arbitration will take place in Broward County, Florida, or remotely at Reach Bullet's election.

Judgment on an arbitration award may be entered in any court having jurisdiction.

36. Class Action and Jury Trial Waiver

TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND REACH BULLET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLASS MEMBER, REPRESENTATIVE, OR PARTICIPANT IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, EACH PARTY ALSO WAIVES ANY RIGHT TO A TRIAL BY JURY.

37. Informal Dispute Resolution

Before initiating arbitration, a party must provide the other party written notice describing the dispute and requested resolution and allow at least thirty (30) days to attempt informal resolution.

Notices to Reach Bullet must be sent to: [email protected].

38. Limitation Period

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ACCRUES, OR THE CLAIM IS PERMANENTLY BARRED.

39. Force Majeure

Reach Bullet will not be liable for delay, interruption, failure, or degradation caused by circumstances beyond its reasonable control, including telecommunications failures, carrier outages, internet failures, cloud-provider outages, cyberattacks, governmental actions, natural disasters, labor disputes, power failures, war, civil unrest, epidemics, changes in law, or third-party infrastructure failures.

40. Assignment

You may not assign or transfer these Terms or your account without Reach Bullet's prior written consent.

Reach Bullet may assign these Terms in connection with a merger, acquisition, financing, corporate restructuring, sale of assets, affiliate reorganization, or otherwise as permitted by law.

41. Independent Contractors

The parties are independent contractors.

These Terms do not create any partnership, joint venture, employment, fiduciary, franchise, or agency relationship between you and Reach Bullet.

42. No Third-Party Beneficiaries

Except for parties expressly entitled to indemnification, limitations of liability, releases, or other protections under these Terms, these Terms do not create third-party beneficiary rights.

43. Severability

If any provision of these Terms is found unenforceable, invalid, or unlawful, that provision will be enforced to the maximum extent permitted and the remaining provisions will remain in full force and effect.

44. Waiver

Failure by Reach Bullet to enforce any provision of these Terms does not waive our right to enforce that provision or any other provision later.

45. Survival

Provisions that by their nature should survive termination will survive, including provisions concerning payment, ownership, confidentiality, disclaimers, indemnification, limitation of liability, arbitration, dispute resolution, governing law, and accrued obligations.

46. Entire Agreement

These Terms, together with the Privacy Policy, Acceptable Use Policy, Messaging Compliance Policy, pricing terms, applicable order forms, and other policies expressly incorporated by reference constitute the entire agreement between you and Reach Bullet concerning the Services unless a separately signed written agreement states otherwise.

47. Electronic Communications

You consent to receiving agreements, disclosures, notices, invoices, receipts, updates, and other communications from Reach Bullet electronically.

Electronic communications satisfy any legal requirement that communications be in writing to the extent permitted by law.

48. Contact

Questions regarding these Terms may be directed to:

Reach Bullet [email protected]