Terms of Service

Last updated: March 14, 2026

These Terms of Service ("Terms") govern your use of the NexoAlerts platform, operated by JobFluss LLC ("Company," "we," "us," or "our"). By creating an account or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

• "Service" — The NexoAlerts platform, including the website (nexoalerts.com), application (app.nexoalerts.com), API (api.nexoalerts.com), and all related subdomains and features.
• "Customer" — A business or individual who creates an account to use the Service for sending SMS/MMS messages.
• "Subscriber" — An end user who opts in to receive text messages from a Customer through the Service.
• "Content" — Any text, images, media, or other materials sent through the Service.

2. Account Registration

• You must be at least 18 years old and authorized to represent the business you register.
• You must provide accurate, complete, and current information during registration.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• Notify us immediately at support@nexoalerts.com if you suspect unauthorized access to your account.

3. SMS Messaging Compliance

By using NexoAlerts, you agree to comply with all applicable laws and regulations governing SMS/MMS messaging, including but not limited to:

3.1 Telephone Consumer Protection Act (TCPA)

• You must obtain express written consent from each Subscriber before sending marketing messages.
• NexoAlerts's QR-to-SMS opt-in flow satisfies this requirement when properly configured with clear disclosure language.
• You must not send messages to numbers on the National Do Not Call Registry without prior express consent.

3.2 Customer Disclosure Obligations

Each business using NexoAlerts is responsible for:

• Obtaining consent directly from each subscriber before sending messages
• Providing accurate sender identification so subscribers know which business is messaging them
• Making all required disclosures during the opt-in process, including message frequency, data rates, and opt-out instructions
• Sending only messages consistent with what the subscriber agreed to receive at the time of opt-in

3.3 CTIA Guidelines

• Your opt-in flow must clearly disclose: the program name, message frequency, "Message and data rates may apply," how to opt out (reply STOP), and a link to your privacy policy.
• You must honor STOP, HELP, and other standard keywords.
• NexoAlerts automatically processes STOP requests — you must not override or circumvent this.

3.4 10DLC Registration

• All messaging through local numbers requires 10DLC (10-Digit Long Code) registration with the carrier networks.
• You must provide accurate brand and campaign information for 10DLC registration.
• Misrepresenting your business or messaging use case may result in carrier fines, number revocation, and account termination.

3.5 CAN-SPAM Act

If your messages include links or promotional content, you must comply with the CAN-SPAM Act, including accurate sender identification and a functioning opt-out mechanism.

4. Acceptable Use

You agree NOT to use the Service to:

• Send messages without proper consent from recipients
• Send messages containing illegal, harmful, threatening, abusive, harassing, defamatory, or obscene content
• Promote illegal drugs, weapons, gambling (unless legally licensed), or age-restricted products to minors
• Send phishing, fraud, or deceptive messages
• Impersonate another person or business
• Send messages related to SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco) in violation of carrier policies
• Exceed reasonable sending volumes or engage in behavior that disrupts the Service or carrier networks
• Resell or redistribute the Service without written authorization
• Attempt to circumvent rate limits, security measures, or access controls
• Harvest, scrape, or collect phone numbers for unsolicited messaging

5. Pricing, Billing & Payments

5.1 Subscription Plans

The Service is offered on a monthly subscription basis. Current pricing is listed on our website. We reserve the right to change pricing with 30 days' notice to existing Customers.

5.2 Free Trial

New accounts receive a 14-day free trial. No credit card is required to start. At the end of the trial, you must select a paid plan to continue using the Service.

5.3 SMS Costs

SMS and MMS message delivery incurs per-message costs in addition to the subscription fee. Current rates are displayed in the application. Delivery costs are billed monthly in arrears.

5.4 Phone Number Fees

Local phone numbers assigned to your account incur a monthly per-number fee. Numbers are billed from the date of assignment until released.

5.5 Refunds

Subscription fees are non-refundable. SMS delivery costs are non-refundable once messages are sent. If you believe you were charged in error, contact support@nexoalerts.com within 30 days.

6. Service Availability

• We strive for high availability but do not guarantee uninterrupted access to the Service.
• SMS delivery depends on carrier networks and is subject to carrier filtering, delays, and failures beyond our control.
• We may perform scheduled maintenance with advance notice when possible.
• We are not liable for message delivery failures caused by carrier networks, invalid phone numbers, or Subscriber device settings.

7. Intellectual Property

• The Service, including its design, code, features, and documentation, is owned by JobFluss LLC and protected by applicable intellectual property laws.
• You retain ownership of Content you create and send through the Service.
• You grant us a limited license to process, store, and transmit your Content solely for the purpose of providing the Service.
• AI-generated message suggestions are provided as-is. You are responsible for reviewing and approving all Content before sending.

8. Data & Privacy

Your use of the Service is also governed by our Privacy Policy. By using the Service, you agree to our data practices as described therein.

• You are the data controller for Subscriber data collected through your use of the Service.
• We act as a data processor, handling Subscriber data on your behalf and according to your instructions.
• You are responsible for having an appropriate privacy policy for your Subscribers and making it available during opt-in.

9. Subscriber Data Ownership

• Subscriber data (phone numbers, opt-in records, message history) belongs to the Customer who collected it.
• We do not claim ownership of your Subscriber lists.
• Upon account termination, you may request an export of your Subscriber data within 30 days.
• We will not use your Subscriber data to send messages on behalf of any other Customer.

10. Account Suspension & Termination

10.1 By You

You may cancel your account at any time through the Settings page or by contacting support@nexoalerts.com. Cancellation takes effect at the end of the current billing period.

10.2 By Us

We may suspend or terminate your account immediately if:

• You violate these Terms, including messaging compliance requirements
• Your messaging triggers carrier complaints, spam reports, or violations
• You fail to pay outstanding invoices after notice
• Your use of the Service poses a risk to our infrastructure, other Customers, or carrier relationships
• Required by law or regulatory authority

10.3 Effect of Termination

Upon termination: your access to the Service ceases, any assigned phone numbers are released, pending messages are cancelled, and your data is retained for 30 days (for export) then deleted, except as required by law or for opt-out suppression lists.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED.
• WE DO NOT WARRANT THAT SMS MESSAGES WILL BE DELIVERED SUCCESSFULLY TO ALL RECIPIENTS.
• OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM YOUR USE OF THE SERVICE SHALL NOT EXCEED THE FEES YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM.
• WE ARE NOT LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

12. Indemnification

You agree to indemnify, defend, and hold harmless JobFluss LLC, its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including attorney's fees) arising from:

• Your use of the Service
• Content you send through the Service
• Your violation of these Terms or any applicable law
• Your failure to obtain proper consent from Subscribers
• Any claim by a Subscriber or third party related to messages you sent

13. Dispute Resolution

• These Terms are governed by the laws of the State of Texas, without regard to conflict of law principles.
• Any disputes shall first be attempted to be resolved through good-faith negotiation.
• If negotiation fails, disputes shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.
• You waive any right to participate in a class action lawsuit or class arbitration.

14. Changes to These Terms

We may update these Terms from time to time. We will notify you of material changes via email or in-app notice at least 30 days before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

15. Contact

For questions about these Terms, contact us at:

JobFluss LLC (dba NexoAlerts)
Email: support@nexoalerts.com