BlazeSMS Terms of Service

These BlazeSMS Terms of Service (“Platform Terms”) are a binding and enforceable agreement between you and BlazeSMS (“BlazeSMS”). By using the Platform Services, or by signing a Service Order for Platform Services, you accept and agree to be bound by these Platform Terms. If you do not agree to these Platform Terms, you may not use the Platform Services.

BlazeSMS may update these Platform Terms at any time, at its sole discretion. BlazeSMS will notify you of changes to these Platform Terms by posting the changes to the BlazeSMS Website, by email, or through other communications. If you continue to use the Platform Services after BlazeSMS posts updated Platform Terms, you agree to be bound by those updated terms.

SECTION 12 “DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

1. Definitions

“Applicable Laws” means all applicable laws, rules, and regulations, including the Telephone Consumer Protection Act (TCPA), the Controlling the Assault of Non-Solicited Pornography and Marketing Acts (CAN-SPAM), and all applicable laws, rules, and regulations relating to data privacy and consumer protection.

“Confidential Information” means all confidential information disclosed by a party to the other party, whether orally, visually, or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the circumstances. Confidential Information includes business and marketing plans, technology and technical information, product plans and designs, pricing information, and business processes. For clarity, the Platform Services are BlazeSMS’s Confidential Information.

“CTIA Policies” means the policies and rules of the Wireless Association (CTIA), including the CTIA Messaging Principles and Best Practices Guidelines, and the CTIA Short Code Monitoring Handbook, and any similar generally accepted industry policies or rules adopted by carriers or other practices enforced by carriers. 

“Customer” or “you” refers to the individual or entity using the Platform Services.

“Customer Data” means any data, information (including personal information), Subscriber Lists, content (including marketing and promotions), or other materials submitted, posted, transmitted, or otherwise provided by or on behalf of a Customer, its service providers, or its End Users in connection with the Platform Services and related BlazeSMS services. For clarity, Customer Data excludes in all cases the Platform Services.

“End User” means an individual who interacts with Customer, its affiliates, or agents in connection with the Platform Services.

“End User Data” means personal information of your End Users that is included in your Customer Data.

“Fees” means all fees related to your purchase and use of the Platform Services, as set forth in your account or in a relevant Service Order.

“Intellectual Property Rights” means, on a worldwide basis, any and all: (a) rights associated with works of authorship, including copyrights, moral rights, database rights and mask works; (b) trademarks; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; (e) other intellectual and industrial property rights of every kind and nature, however designated, whether arising by operation of law, contract, license or otherwise; and (f) registrations, initial applications, renewals, extensions, continuations, divisions or reissues of the foregoing.

“Payment Information” means the payment information provided through your BlazeSMS account, which may include your credit card number, the expiration date of your credit card, your email and postal addresses for billing and notification, and additional information to verify your identity.

“Payment Method” means the credit card, bank account, or other payment method represented by your Payment Information.

“Platform Services” means the BlazeSMS Website, the BlazeSMS software and services provided via the BlazeSMS Website or the Shopify App Store, related documentation, and any additional services related to the foregoing as set forth in a Service Order (for example, online customer management services).

“Service Order” means a written order form for the purchase of Platform Services executed by BlazeSMS and a Customer.

“Subscriber List” means information about individuals that may be used for SMS messaging, including names, phone numbers, and whether the individual has opted in or out.

“Taxes” means any taxes, levies, duties, or similar governmental assessments of any nature (including, for example, value-added, sales, use, or withholding taxes) assessable by any applicable taxing authorities.

2. Accessing the Platform Services

2.1 Eligibility

To use the Platform Services, you must be 18 years of age or older, capable of forming a binding contract with BlazeSMS, and not otherwise barred from using the Platform Services under Applicable Laws. If you do not meet the requirements set forth in this Section, you may not use the Platform Services. If you access or use the Platform Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Platform Terms, and that by accepting these Platform Terms, you are doing so on behalf of that entity.

2.2 Your Account

You must register and create an account to access some of the Platform Services. You are responsible for ensuring that your account information is accurate and up-to-date, and for protecting and safeguarding your account credentials. You are responsible for all activities that occur in connection with your account. If you believe that your account has been compromised, you will notify BlazeSMS immediately by emailing [email protected]. Any personal information that you provide in connection with your account is subject to the BlazeSMS Privacy Policy.