SMS Terms of Service

1. Agreement to Terms

These SMS Terms of Service ("SMS Terms") govern your access to and use of the SMS messaging features within the NeuroFin platform (the "SMS Services") provided by NeuroFin Inc. ("Company," "we," "us," or "our"). By accessing or using our SMS Services, you agree to be bound by these SMS Terms.

If you do not agree to these SMS Terms, do not use our SMS Services.

2. Description of SMS Services

Our SMS Services provide business automation tools for small and medium-sized businesses, including:

• One-time password (OTP) verification codes for login and account security
• Two-way SMS-based AI task automation
• Natural language request processing via SMS
• AI-generated business record creation (tasks, invoices, events, reminders, blog posts, newsletters, etc.)
• Confirmation message delivery with task summaries
• User-initiated conversational messaging
• SMS consent and opt-out management
• Message delivery analytics and reporting

SMS Services are provided on a subscription basis to businesses for transactional customer communications.

3. Eligibility

To use our SMS Services, you must:

• Be a legally operating business entity or sole proprietor
• Be at least 18 years of age
• Have the authority to enter into binding agreements on behalf of your business
• Provide accurate and complete registration information
• Comply with all applicable telecommunications and SMS regulations
• Have a legitimate business need for SMS customer communications

4. Account Registration and Security

Account Creation

You must create an account to use our SMS Services. You agree to provide accurate, current, and complete information during registration and keep your account information updated.

Account Security

You are responsible for:

• Maintaining the confidentiality of your login credentials
• All SMS messages sent through your account
• Notifying us immediately of any unauthorized access or security breach
• Ensuring your team members use the SMS Services appropriately and in compliance

Account Termination

We reserve the right to suspend or terminate your account immediately if you violate these SMS Terms, engage in TCPA violations, or send abusive or fraudulent messages.

5. Acceptable Use Policy for SMS

Permitted Uses

You may use our SMS Services to:

• Send SMS requests to create business records using natural language
• Receive confirmation messages summarizing AI-generated tasks
• Engage in two-way conversational task management
• Manage business automation through SMS
• Send transactional updates related to your business services

Prohibited Uses

You may NOT use our SMS Services to:

• Send unsolicited marketing messages or spam
• Message individuals who have not provided prior express consent
• Continue messaging after receiving an opt-out request
• Send fraudulent, deceptive, or misleading messages
• Distribute illegal content or malicious links
• Violate the Telephone Consumer Protection Act (TCPA) or related regulations
• Harass, threaten, or abuse message recipients
• Impersonate others or misrepresent your business identity
• Sell, share, or transfer customer opt-in consent data to third parties
• Use purchased or scraped phone number lists
• Send messages during prohibited hours (9pm-8am recipient local time)

Enforcement

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your SMS Services without refund. We may report TCPA violations to appropriate regulatory authorities.

6. SMS Consent and Compliance Requirements

Prior Express Consent

You agree to:

• Obtain prior express consent from every customer before sending any SMS message
• Maintain documentation of consent for all recipients (timestamp, method, opt-in language)
• Use our provided consent templates or equivalent TCPA-compliant opt-in language
• Only message customers with whom you have an established business relationship
• Verify consent before adding phone numbers to your messaging list

No Third-Party Sharing of Consent Data

You agree that you will NOT sell, share, or transfer customer opt-in consent data or phone numbers to any third party.

Customer SMS data collected through our platform belongs to your business and must be used exclusively for your own transactional communications. Violating this provision is grounds for immediate account termination.

Opt-Out Compliance

You must:

• Honor opt-out requests immediately (processed automatically by our system)
• Not attempt to re-add opted-out customers without obtaining fresh express consent
• Include opt-out instructions in all messages (automatically included in our templates)
• Maintain opt-out suppression lists permanently

Message Content Requirements

All SMS messages must:

• Be transactional and service-related (not promotional)
• Clearly identify your business as the sender
• Be relevant to appointments, bookings, or services
• Not contain prohibited content (spam, illegal content, misleading claims)
• Include opt-out instructions (automatically provided by platform)

TCPA Compliance Responsibility

You are ultimately responsible for compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all related federal and state telecommunications regulations. While our platform includes automated compliance features, final responsibility for lawful messaging rests with you.

See our SMS Consent Policy and SMS Privacy Policy for detailed compliance requirements.

7. Fees and Payment

Subscription Fees

SMS Services are provided on a requested basis. Fees are based on the tier selected and may include per-message costs based on usage volume. Fees are billed monthly or annually as reflected on sms service inception.

Payment Terms

• Payment is due in advance of each billing period
• You authorize us to charge your payment method automatically
• Failure to pay may result in SMS service suspension or termination
• All fees are non-refundable except as required by law

Price Changes

We reserve the right to change our SMS pricing with 30 days' notice. Price changes will not affect your current billing period but will apply to subsequent renewals.

Taxes

Fees do not include applicable taxes. You are responsible for all sales, use, and telecommunications taxes associated with your use of SMS Services.

8. Data Ownership and Privacy

Your Customer Data

You retain ownership of all customer data you input into the SMS Services, including phone numbers, names, appointment data, and consent records. We do not claim ownership of your customer information.

Limited License for Service Delivery

You grant us a limited license to use your customer data solely to:

• Deliver SMS messages on your behalf
• Process opt-in and opt-out requests automatically
• Generate delivery reports and analytics
• Maintain compliance records as required by law
• Improve SMS Services using anonymized, aggregated data

No Third-Party Sharing

We do NOT sell, share, or transfer your customer opt-in consent data or phone numbers to third parties.

We only share customer data with essential service providers (Twilio for SMS delivery, Firebase for secure storage) who are contractually obligated to protect the data and use it only for providing services to us.

Data Protection and Security

We implement industry-standard security measures to protect SMS data. See our SMS Privacy Policy for details.

Data Portability and Retention

You may export your customer SMS data at any time through the platform. Upon account termination, you have 30 days to export your data before it is securely deleted. Opt-out suppression lists are retained permanently to honor opt-out preferences.

9. Intellectual Property

Our Intellectual Property

The SMS Services, including all software, features, design, messaging templates, and trademarks, are owned by NeuroFin Inc. or our licensors. You do not acquire any ownership rights by using the SMS Services.

License to Use SMS Services

We grant you a limited, non-exclusive, non-transferable license to access and use the SMS Services for your legitimate business purposes in accordance with these SMS Terms.

Restrictions

You may not:

• Copy, modify, or create derivative works of the SMS Services
• Reverse engineer, decompile, or disassemble the SMS platform
• Remove or obscure any proprietary notices
• Use the SMS Services to build competitive products
• Resell or sublicense SMS Services without written permission

10. Third-Party SMS Infrastructure

Our SMS Services integrate with third-party telecommunications providers (primarily Twilio) for message delivery. Your use of SMS functionality is subject to carrier network availability and third-party infrastructure limitations.

We are not responsible for SMS delivery failures caused by mobile carriers, recipient device issues, or third-party infrastructure outages beyond our control.

11. SMS Service Disclaimers

THE SMS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

We specifically disclaim:

• Guarantees of 100% SMS delivery rates (though we strive for high deliverability)
• Warranties that messages will be delivered instantly or within specific timeframes
• Responsibility for carrier filtering, spam blocking, or delivery failures
• Warranties that SMS Services will be uninterrupted or error-free
• Guarantees regarding recipient device compatibility or carrier support

SMS delivery depends on mobile carrier networks, recipient device availability, and telecommunications infrastructure beyond our control. We make best efforts to ensure high delivery rates but cannot guarantee message receipt.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEUROFIN INC. SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES ARISING FROM YOUR USE OF SMS SERVICES.

This includes but is not limited to damages arising from:

• SMS delivery failures or delays
• TCPA violations or regulatory penalties you incur
• Loss of customer relationships due to messaging issues
• Unauthorized access to SMS data
• Errors, interruptions, or delays in SMS delivery
• Mobile carrier actions or filtering decisions
• Your violation of TCPA or telecommunications regulations

OUR TOTAL LIABILITY TO YOU FOR ALL SMS-RELATED CLAIMS SHALL NOT EXCEED THE AMOUNT YOU PAID US FOR SMS SERVICES IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify, defend, and hold harmless NeuroFin Inc., its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees and regulatory penalties) arising from:

• Your use of the SMS Services
• Your violation of these SMS Terms
• Your violation of TCPA, CAN-SPAM, or other telecommunications laws
• TCPA class action lawsuits or regulatory enforcement actions against you
• SMS messages you send through our platform
• Your failure to obtain proper consent before messaging
• Your failure to honor opt-out requests
• Your collection, use, or sharing of customer phone numbers
• Claims by recipients regarding unwanted or illegal messages

14. Termination of SMS Services

Termination by You

You may cancel your SMS Services subscription at any time through your account settings. Cancellation takes effect at the end of your current billing period. No refunds for partial periods.

Termination by Us

We may suspend or terminate your SMS Services immediately if:

• You violate these SMS Terms or our Acceptable Use Policy
• You engage in TCPA violations or send spam messages
• We receive complaints about your messaging practices
• You send messages without proper consent
• You fail to honor opt-out requests
• Your SMS usage creates legal or regulatory risk
• Payment failures occur

Effect of Termination

Upon SMS Services termination:

• Your ability to send SMS messages will cease immediately
• You have 30 days to export your customer SMS data
• Opt-out suppression lists will be retained permanently
• Consent records will be retained per TCPA requirements (4+ years)
• Fees paid are non-refundable
• Liability, indemnity, and compliance obligations survive termination

15. Modifications to SMS Terms

We may update these SMS Terms from time to time to reflect regulatory changes or service updates. Material changes will be communicated via email or platform notification at least 30 days before taking effect.

Your continued use of SMS Services after changes take effect constitutes acceptance of the updated SMS Terms. If you do not agree to changes, you must stop using SMS Services.

16. Dispute Resolution and Governing Law

Informal Resolution

If you have a dispute regarding SMS Services, please contact us first at support@neurofininc.com. We'll work in good faith to resolve the issue.

Governing Law

These SMS Terms are governed by the laws of the State of Delaware, United States, without regard to conflict of law provisions. Federal laws including TCPA also apply.

Arbitration

Any disputes not resolved informally will be settled by binding arbitration in accordance with the rules of the American Arbitration Association. Arbitration will be conducted in Delaware.

Class Action Waiver

You agree to resolve disputes on an individual basis only. You waive the right to participate in class actions or class-wide arbitration against NeuroFin Inc.

TCPA Claims

You acknowledge that TCPA violations can result in statutory damages of $500-$1,500 per violation. You are solely responsible for ensuring your SMS practices comply with TCPA requirements.

17. General Provisions

Entire Agreement

These SMS Terms, together with our SMS Consent Policy, SMS Privacy Policy, and general Terms of Service, constitute the entire agreement between you and NeuroFin Inc. regarding SMS Services.

Severability

If any provision of these SMS Terms is found invalid or unenforceable, the remaining provisions remain in full effect.

No Waiver

Our failure to enforce any provision does not waive our right to enforce it later.

Assignment

You may not assign or transfer these SMS Terms or your SMS Services account without our written consent. We may assign these SMS Terms without restriction.

Force Majeure

We are not liable for SMS delivery delays or failures due to circumstances beyond our reasonable control, including carrier outages, natural disasters, network congestion, or government actions.

18. Contact Information

For questions about these SMS Terms or our SMS Services:

19. Acknowledgment

BY ENABLING SMS SERVICES AND SENDING MESSAGES THROUGH OUR PLATFORM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE SMS TERMS OF SERVICE. YOU FURTHER ACKNOWLEDGE YOUR RESPONSIBILITY TO COMPLY WITH TCPA AND ALL APPLICABLE TELECOMMUNICATIONS REGULATIONS.