Terms and Conditions

Effective May 23, 2023

Welcome to the services and products provided by Project Broadcast LLC (“Company”). This agreement applies to the Project Broadcast platform Service, Service Data, and/or Mobile App. Use of the Service, Service Data, and/or Mobile App will be subject to the below terms as well as our privacy policy which can be located at http://projectbroadcast.com/privacy. Project Broadcast and its services are the property of Project Broadcast LLC and the use of its Service, Service Data, and/or Mobile App is available to anyone in the United States on the stipulation that they abide by the Terms and Conditions governing this Service. 

Please read through these Terms and Conditions prior to using our website or services. By using our website or services, or clicking “I Accept,” you indicate that you understand and agree to be bound by these terms and conditions. 

Acceptable Use

Project Broadcast LLC maintains a zero tolerance policy for SMS Spam, Mobile Spam, Text Messaging Spam. You are solely responsible for any activity that occurs under your user names and accounts. You expressly agree that you will not resell the Service, Service Data, and/or Mobile App. You may not assign your obligations under these Terms to any other party. We are not liable to you for any unauthorized access to or misuse of the Service, Service Data, and/or Mobile App. You may not use the Service, Service Data, and/or Mobile App in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not use the Service, Service Data, and/or Mobile App for enterprise-level internal messaging, except as expressly agreed with the Company. You may not attempt to gain unauthorized access to the Site (or computer systems or networks connected to the Service, Service Data and/or Mobile App) through hacking, password mining, or any other means. You agree that you will not engage in any activities with respect to the Service, Service Data, and/or Mobile App that violate any applicable local, state, national or international laws or regulations, the intellectual property or other rights of third parties, or submit or transmit any material that is abusive, defamatory, obscene, threatening, or otherwise inappropriate, as reasonably determined by the Company. You are required to use the Services in full compliance with all applicable laws and regulations, including without limitation, all state, federal and international: (a) Do-Not-Call (“DNC”) list prohibitions; (b) telemarketer licensing and bonding requirements; (c) consumer cancellation rights; (d) mandatory disclosures; (e) wireless calling restrictions; (f) restrictions on the use of automatic telephone dialing systems and pre-recorded messages (i.e. robocalling or voice broadcasting); (g) internal opt-out rules; (h) intellectual property rights and restrictions; and (i) other product and industry specific rules and disclosures. By making any use of the Service, Service Data, and/or Mobile App you expressly warrant to us that You are and shall continue to act in full compliance with the law. All of our offers are void where prohibited by law. You agree that You have read and understand the FTC’s Telemarketing Sales Rule (“TSR”) and the FCC’s Telephone Consumer Protection Act (“TCPA”), and all other applicable laws and regulations. You must review these rules with your own legal counsel to ensure that you understand and are fully compliant. We do not assume responsibility for ensuring that your marketing campaigns meet applicable legal requirements. We will not assume any liability if You are ever held guilty or liable for any law violation. Not withstanding the foregoing, you acknowledge that we have and are taking active steps to ensure the compliance of our customers, including by having you agree to these terms and otherwise. If we discover evidence demonstrating that you may have violated the law, we may suspend or terminate your use of the Services immediately. You realize and agree that we may be required by law to provide certain information about you if we receive a subpoena from a court or regulator with competent jurisdiction. We are under no obligation to object to the same, except in our sole discretion. 

Project Broadcast Messaging Policy 

This Messaging Policy applies to text (SMS and MMS) messaging channels.

Project Broadcast treats all messaging transmitted via the Project Broadcast platform – regardless of use case or phone number type (e.g., long code or toll-free) – as Application-to-Person (A2P) messaging. All A2P messages originating from Project Broadcast is subject to this Messaging Policy, which covers rules and /or prohibitions regarding: 

  • Consent ( “opt-in”); 
  • Revocation of Consent (“opt-out”); 
  • Sender Identification; 
  • Messaging Usage; 
  • Filtering Evasion; and 
  • Enforcement. 

This policy applies to all customers who use Project Broadcast’s messaging channels. If you provide your own end users or clients with the ability to send messages through Project Broadcast, for example as an ISV (Independent Software Vendor), you are responsible for the messaging activity of these users. You must ensure that any messaging activity generated by your users is in compliance with Project Broadcast policies.

Consent / Opt-in 

What Is Proper Consent? 

Consent can’t be bought, sold, or exchanged. For example, you can’t obtain the consent of message recipients by purchasing a phone list from another party. 

Aside from two exceptions noted later in this section, you need to meet each of the consent requirements listed below. If you are a software or platform provider using Project Broadcast’s platform for messaging within your application or service, you must require your customers to adhere to these same requirements when dealing with their users and customers. 

Consent Requirements 

  • Prior to sending the first message, you must obtain agreement from the message recipient to communicate with them – this is referred to as “consent”, you must make clear to the individual they are agreeing to receive messages of the type you’re going to send. You need to keep a record of the consent, such as a copy of the document or form that the message recipient signed, or a timestamp of when the customer completed a sign-up flow. If you obtain consent via Project Broadcast using our opt in link the consent information is stored on your behalf in Project Broadcast.  
  • If you do not send an initial message to that individual within a reasonable period after receiving consent (or as set forth by local regulations or best practices), then you will need to reconfirm consent in the first message you send to that recipient. 
  • The consent applies only to you, and to the specific use or campaign that the recipient has consented to. You can’t treat it as blanket consent allowing you to send messages from other brands or companies you may have, or additional messages about other uses or campaigns. 
  • Proof of opt-in consent should be retained as set forth by local regulation or best practices after the end user opts out of receiving messages. If you obtain consent via Project Broadcast using our opt in link the consent information is stored on your behalf in Project Broadcast.  

Alternative Consent Requirements 

While consent is always required and the consent requirements noted above are generally the safest path, there are two scenarios where consent can be received differently.

Contact initiated by an individual

If an individual sends a message to you, you are free to respond in an exchange with that individual. For example, if an individual texts your phone number asking for your hours of operation, you can respond directly to that individual, relaying your open hours. In such a case, the individual’s inbound message to you constitutes both consent and proof of consent. Remember that the consent is limited only to that particular conversation. Unless you obtain additional consent, don’t send messages that are outside that conversation. 

Informational content to an individual based on a prior relationship 

You may send a message to an individual where you have a prior relationship, provided that individual provided their phone number to you, and has taken some action to trigger the potential communication, and has not expressed a preference to not receive messages from you. Actions can include a button press, alert setup, appointments, or order placements. Examples of acceptable messages in these scenarios include appointment reminders, receipts, order/shipping/reservation confirmations, drivers coordinating pick up locations with riders, and repair persons confirming service call times. 

The message can’t attempt to promote a product, convince someone to buy something, or advocate for a social cause. 

Periodic Messages and Ongoing Consent

If you intend to send messages to a recipient on an ongoing basis, you should confirm the recipient’s consent by offering them a clear reminder of how to unsubscribe from those messages using standard opt-out language (defined below). You must also respect the message recipient’s preferences in terms of frequency of contact. You also need to proactively ask individuals to reconfirm their consent as set forth by local regulations and best practices. 

Identifying Yourself as the Sender 

Messages you send must clearly identify you (the party that obtained the opt-in from the recipient) as the sender, except in follow-up messages of an ongoing conversation. 

Opt-out

The initial message that you send to an individual needs to include the following language: “Reply STOP to unsubscribe,” or the equivalent using another standard opt-out keyword, such as STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT. 

Individuals must have the ability to revoke consent at any time by replying with a standard opt-out keyword. When an individual opts out, you may deliver one final message to confirm that the opt-out has been processed, but any subsequent messages are not allowed. An individual must once again provide consent before you can send any additional messages. 

Usage Limitations

Content We Do Not Allow 

The key to ensuring that messaging remains a great channel for communication and innovation is preventing abusive use of messaging platforms. That means we never allow some types of content on our platform, even if our customers get consent from recipients for that content. Project Broadcast prohibits sending any content that is illegal, harmful, unwanted, inappropriate, objectionable, confirmed to be criminal misinformation, or otherwise poses a threat to the public, even if the content is permissible by law. Other prohibited uses include: 

  • Anything that is illegal in the jurisdiction where the message recipient lives. Examples include, but are not limited to: 
    • Cannabis. Messages related to cannabis are not allowed in the United States as federal laws prohibit its sale, even though some states have legalized it. Similarly, messages related to CBD are not permissible in the United States, as certain states prohibit its sale. Project Brodcast defines a cannabis message as any message which relates to the marketing or sale of a cannabis product, regardless of whether or not those messages explicitly contain cannabis terms, images, or links to cannabis websites. 
    • Prescription Medication. Offers for prescription medication that cannot legally be sold over-the-counter are prohibited in the United States. 
  • Hate speech, harassment, exploitative, abusive, or any communications that originate from a hate group. 
  • Fraudulent messages. 
  • Malicious content, such as malware or viruses. 
  • Any content that is designed to intentionally evade filters (see below). 

Country-Specific Rules 

All messages should comply with the rules applicable to the country in which the message recipient lives. 

Age and Geographic Gating 

If you are sending messages in any way related to alcohol, firearms, gambling, tobacco, or other adult content, then more restrictions apply. In addition to obtaining consent from every message recipient, you must ensure that no message recipient is younger than the legal age of consent based on where the recipient is located. You also must ensure that the message content complies with all applicable laws of the jurisdiction in which the message recipient is located or applicable communications industry guidelines or standards. 

You need to be able to provide proof that you have in place measures to ensure compliance with these restrictions. 

Messaging Policy Violation Detection and Prevention Evasion 

Customers may not use Project Broadcast’s platform to evade Project Broadcast’s or a telecommunications provider’s unwanted messaging detection and prevention mechanisms. Project Broadcast monitors the content of text messages in order to detect spam, fraudulent activity, and violations of Project Broadcast policies.  

Examples of prohibited practices include: 

  • Content designed to evade detection. As noted above, we do not allow content which has been specifically designed to evade detection by unwanted messaging detection and prevention mechanisms. This includes intentionally misspelled words or non-standard opt-out phrases which have been specifically created with the intent to evade these mechanisms. 
  • Snowshoeing. We do not permit snowshoeing, which is defined as spreading similar or identical messages across many phone numbers with the intent or effect of evading unwanted messaging detection and prevention mechanisms.  

How We Handle Violations 

When we identify a violation of these principles, where possible, we will work with customers in good faith to get them back into compliance with this policy. However, to protect the continued ability of all our customers to freely use messaging for legitimate purposes, we reserve the right to suspend or remove access to Project Broadcast’s platform for customers or customers’ end users’ that we determine are not complying with Project Broadcast policies, or who are not following the law in any applicable area or applicable communications industry guidelines or standards, in some instances with limited notice in the case of serious violations of this policy. 

Intellectual Property

You acknowledge that you have no ownership, rights, title or other interest in the Site or the Services apart from that granted hereunder. All rights, title, and interest including, but not limited to, intellectual property interests, in and to the Site and the Services are the exclusive property of Company, and these Terms shall not be deemed a transfer of title or ownership in any respect. Cancellation of the Services revokes your license and ends your rights thereunder. In case of such cancellation, you will immediately cease use of the Site and the Services. The terms that by their sense and context are intended to survive performance by either or both parties shall so survive the performance and termination of the license, including without limitation those terms relating to warranty limitations, limitation of liability, remedies or damages, or our proprietary rights. If any modifications, enhancements, improvements or alterations to the Site or Services are or have been made us, by you or by any other party, either singly or in combination, all such modifications, enhancements, improvements or alterations shall belong exclusively to us. You agree to assign to us any ownership or other right, title and interest in or to any such improvements, enhancements, modifications or alterations and to execute any documents to facilitate said assignment that we request. You acknowledge that, in connection with the performance of this agreement, you may receive certain confidential information of Company, which confidential information shall include information relating to the Software and Services. You hereby agree: (a) to hold and maintain in strict confidence all confidential information of the Company and not to disclose it to any third party; and (b) not to use any confidential information of the Company except as permitted by these Terms or as may be necessary to exercise rights or perform obligations under these Terms. In the event that you disclose or are required to disclose confidential information, you shall use commercially reasonable efforts to provide the Company with prompt notice prior to any disclosure to afford a reasonable opportunity to protect the confidential information from public disclosure. You authorize us to retain certain data about you, including without limitation, call and messaging logs, in order for us to protect ourselves later on from either a third-party claim, or from a future claim alleging breach by You. 

Warranties

The Service, Service data, and Mobile App are provided on an “AS IS” and “AS AVAILABLE” basis for your use, without warranties or conditions of any kind, either express or implied without limitation warranties and conditions of satisfactory quality, merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade. Licensor makes no warranty or condition as to the accuracy, completeness or reliability of any content available through, or the performance or non-performance of, the Service, Service data, and/or Mobile App including the failure of a sender’s message or communication to be transmitted by the product, mobile app or Service or received by an intended receiver. You are responsible for verifying any information before relying on it. Use of the Service, Service Data, and/or Mobile App is at your sole risk. Licensor does not warrant that you will be able to access or use the Service, Service Data, and/or Mobile App at the times or locations of your choosing or in the event of an emergency or notification of an emergency; that the Service, Service Data, and/or Mobile App will be uninterrupted or error-free; the defects will be corrected; or that the Service, Service Data, and/or Mobile App are free of viruses or other harmful components. Further, licensor does not represent and warrant that you will receive payment or goods and services from third parties when conducting transactions through the Service, Service Data, and/or Mobile App, that you will receive refunds from payees, that chargebacks will not occur, or that any mobile payment will work or function correctly and/or accurately with the Service. 

Liability

To the maximum extent permitted by law, in no event shall licensor, its affiliates, licensors or business partners (collectively, the “Related Parties) have any liability, whether based on contract, tort (including negligence), strict liability or otherwise, for any direct, indirect, incidental, consequential, special or exemplary damages, lost profits or sales, or lost or corrupted data arising out of or in any way connected with the access to or use of the Service, Service Data, and/or Mobile App, even if licensor and/or related parties have been advised of the possibility of such damages or the cost of procuring substitute products, technology, services or rights. If you are dissatisfied with any portion of the Service, Service Data, and/or Mobile App your sole remedy is to cancel and discontinue using the Service, Service Data, and/or Mobile App. In no instance will the company’s liability to you exceed the fees paid by you in the three (3) month period prior to the claim at issue, and you agree that this limitation represents a reasonable allocation of risk. The foregoing exclusions and limitations will apply regardless of any allegation or finding that a remedy failed of its essential purpose, regardless of the form of action of liability (including, without limitation, negligence) and even if the company or others were advised or aware of the possibility or likelihood of such damages or liability. The company does not authorize any person to create for it any obligation of liability in connection with the Service, Service Data, and/or Mobile app, or Intellectual Property. 

Indemnification

By Registering for the Service, you agree to indemnify, defend and hold harmless the company, its subsidiaries, affiliates, suppliers, and licensors, and their respective officers, directors, employees, agents, and assigns from and against any and all third party claims, defends, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, penalties, fines, judgements, settlements, expenses (including attorneys’ and accountants’ fees and disbursements) and costs incurred by, borne by or asserted against the company to the extent such claims in any way relate to, arise out of, or result from your actual or alleged violation of any applicable laws or regulations, these terms, the privacy policy or the terms of any agreement governing your use of third party equipment (or any of the foregoing by parties who use your account, with or without your permission, to access the Service); acts, errors, or omissions by you (or any parties who use your account, with or without your permissions, to access the Service); claims for infringement of any intellectual property rights arising from the use the site or the Service, third party equipment, or the internet; claims arising from the telephone consumer protection act or similar federal or state consumer protection laws, or your use of the site or the Service. 

Pricing

Project Broadcast LLC reserves the right to make adjustments to the pricing of its products/service offering. Project Broadcast LLC may raise or lower its prices at anytime. In the event that Project Broadcast LLC makes significant alteration to its pricing, clients will be notified at least 30 days in advance. Subscriptions to services are subject to acceptance by Project Broadcast LLC. Project Broadcast LLC will deem clients subscriptions to services acceptable when Project Broadcast LLC delivers a confirmation of the subscription to the client. Project Broadcast LLC reserves the right to refuse to provide any service to anyone for any reason. Payment will be made to company via online credit card. The client acknowledges and agrees that in the event of a charge back by a client credit card company (or similar action by another payment provider) or other nonpayment by client in connection with payment for Project Broadcast LLC services or subscription fee may result in suspension, cancellation, or termination of said Service, Service Data, and/or Mobile App, in the sole discretion of the company. If the client’s service is suspended, cancelled, or terminated prior to the end of the then-current service term, all fees paid are non-refundable in whole or in part. The client acknowledges that Project Broadcast LLC is not obligated to make any refunds under any circumstances. However, if the client wishes to cancel their account, they will not be automatically billed from then on unless they re-activate their account. Should the client cancel their account, the said account will be immediately terminated. Thereafter they will no longer have access to their account and they will lose any data they originally had. To cancel an account, a user must use the cancellation feature in the web site or email the Project Broadcast support team at support@projectbroadcast.com. Please allow 7 days to process an email cancellation. 

Credits

Credits are paperless vouchers, varying by subscription level, that are added to your account on the successful renewal of monthly subscription. Each broadcasted message to recipient on behalf of Client will decrement available credit balance of Client. Unused credits by Client for a given subscription period will rollover to the next subscription period. Credits can not be transferred between users. Project Broadcast does not allow the sale or transfer of a Project Broadcast account to another party. 

Cancellation

We reserve the right to suspend or cancel the Service at any time if you fail to pay amounts owing when due, violate or breach any of the terms, or for any other reason at our sole discretion. If the Service is suspended or cancelled, you will still be responsible for payment of all outstanding balances owed through the remainder of the month or other cancellation date, including any fees described herin. Upon termination of the Service, you will continue to have access to the Service until your next renewal date. At your next renewal date, your access to the Service will be terminated. Fourteen (14) days following your cancellation your phone number will be unprovisioned and you will lose any unused credits. Company makes no warranty that upon later reactivation, even in 14 day window, that the previous provisioned phone number for the account will be used. Refunds, under no circumstance, are provided. 

Upgrading/Downgrading Subscription Level

At any time Client may decide to modify the subscribed subscription level to either increase their subscription level or decrease their subscription level. Once the subscription has been requested to be upgraded/downgrading the modification of the subscription will occur at the next billing period for downgrades and process immediately for upgrades. If Client requires additional credits for current subscription period, they may increase their current credit balance by purchasing al a carte credits via the Project Broadcast website at http://projectbroadcast.com. 

Support

Clients may request support by emailing support@projectbroadcast.com or by submitting a new message to the Project Broadcast user support group on Facebook (http://facebook.com/groups/projectbroadcast). Please allow up to 2 business days for responses submitted through a support channel.