TERMS OF SERVICE

Effective Date: May 14, 2026

Using Our Site and Services

These Terms of Service (“Terms”) are entered into by and between you and Select All, LLC, a Colorado limited liability company (“Company,” “we,” “our,” or “us”). These Terms govern your access to and use of our website, applications, software platform, APIs, messaging tools, analytics tools, AI-assisted tools, and all related products and services (collectively, the “Services”).

In these Terms, “you” and “your” refer to the individual accessing or using the Services, any entity on whose behalf such person accesses the Services, and any users authorized under your account. “Site” refers to the web site, located at https://sms-tool-eight.vercel.app/.

Our Services are designed to assist organizations, campaigns, committees, consultants, nonprofits, businesses, and other lawful users in managing communications, outreach, messaging workflows, contact data, analytics, and related operational functions. We provide software tools only. We do not provide legal advice, campaign finance advice, compliance advice, or political consulting services.

BY ACCESSING OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICES.

Legal Capacity and Eligibility

You represent and warrant that, by using the Site, you have the legal capacity to enter into these Terms. If you use the Services on behalf of an entity, you represent that you have authority to bind that entity to these Terms.

You further represent that by accessing this Site that you are at least eighteen (18) years of age.

Privacy

Our Privacy Policy describes how we collect, use, store, disclose, and safeguard personal information in connection with your access to and use of the Site and Services. By accessing or using the Services, you acknowledge that you have reviewed our Privacy Policy and understand that your information may be handled in accordance with that policy, as updated from time to time.

To the extent permitted by applicable law, you consent to our collection, use, and processing of information as described in our Privacy Policy. If you do not agree with our data practices, you should discontinue use of the Site and Services.

Term Amendments

We may revise, amend, supplement, replace, or otherwise update these Terms at any time in our sole discretion. Any changes will become effective upon posting the updated Terms on the Site or Services, unless a later effective date is expressly stated. We may notify you of updates through any reasonable method, including by posting notice on the Site, through the Services, or by electronic communication. You are responsible for reviewing these Terms periodically for changes.

By continuing to access or use the Site or Services after updated Terms become effective, you acknowledge and agree to the revised Terms. If you do not agree to any modification, you must discontinue use of the Site and Services.

The version of these Terms in effect at the time of your access to or use of the Site or Services will govern that activity. We may maintain electronic or other business records of prior versions of these Terms, and such records shall be presumed accurate and controlling evidence of the applicable version in effect at the relevant time, absent clear evidence to the contrary.

Accounts and Security

Access to certain portions of the Site or Services may require registration, account creation, or the submission of certain information. You agree to provide information that is accurate, current, and complete, and to promptly update such information as necessary so that it remains accurate and complete.

You are solely responsible for maintaining the confidentiality and security of your usernames, passwords, access credentials, authentication methods, and any devices used to access your account. You accept responsibility for all activities occurring under your account, whether authorized by you or not, including activities conducted by employees, contractors, agents, or any other persons to whom you grant access.

You agree to notify us immediately of any known or suspected unauthorized access to your account, misuse of credentials, security breach, or other incident that could compromise the security or integrity of your account or the Services. We may take any actions we reasonably deem necessary to protect the Site, Services, your account, other users, or third parties, including requiring password resets, restricting access, suspending functionality, or terminating accounts.

We reserve the right to suspend, restrict, or terminate any account at any time where we reasonably believe that security risks, fraud, misuse, unlawful conduct, inaccurate account information, or violations of these Terms may exist.

Ownership; Limited License; Reservation of Rights

You acknowledge and agree that, as between you and Company, the Site, Services, and all related software, technology, content, designs, trademarks, branding, interfaces, functionality, and materials made available through the Site or Services are owned by Company or are lawfully licensed to Company by third parties. The Site and Services are protected by applicable intellectual property, proprietary, and other laws, and no ownership rights are transferred to you by virtue of accessing or using them.

Subject to your compliance with these Terms, Company grants you a limited, revocable, personal, non-exclusive, non-transferable, and non-sublicensable right to access and use the Site and Services solely for your internal lawful business purposes and only in the manner authorized by these Terms.

Except for the limited rights expressly granted herein, Company and its licensors retain all right, title, and interest in and to the Site, Services, and all related content and intellectual property. All rights not expressly granted are reserved.

Any use of the Site or Services beyond the scope permitted by these Terms, or any unauthorized use of Company intellectual property, may result in immediate suspension or termination of your access rights, in addition to any other remedies available at law or in equity.

Third-Party Services, Links, and External Content

The Site or Services may contain links to third-party websites, applications, platforms, social media pages, integrations, vendors, or other external resources that are not owned or controlled by Company. These links are provided solely for convenience and do not constitute any endorsement, sponsorship, approval, or affiliation unless expressly stated by us.

We do not control and are not responsible for the availability, content, products, services, security, privacy practices, terms of use, or operations of any third-party websites or services. Your access to and use of any third-party resource is solely at your own risk and subject to that third party’s applicable terms and policies.

Any dealings, purchases, donations, communications, or transactions between you and any third party are solely between you and that third party. Company shall not be responsible or liable, directly or indirectly, for any loss, damage, claim, or dispute arising out of or relating to your use of, reliance upon, or interaction with any third-party website, service, product, or content.

When you leave our Site or Services, these Terms and our Privacy Policy may no longer apply. You are responsible for reviewing the applicable terms, privacy notices, and practices of any third-party destination.

We reserve the right, but not the obligation, to add, remove, disable, or modify links, integrations, references, or third-party content at any time in our sole discretion and without notice.

Use of Company Name, Branding, and Linking

You may not frame, mirror, link to, or otherwise reference the Site or Services in a manner that falsely suggests affiliation, endorsement, sponsorship, or association with Company.

You may not use Company’s name, logos, trademarks, service marks, trade dress, graphics, or other branding materials without our prior written consent.

We may require you to remove any unauthorized link, reference, branding use, or public representation relating to Company at any time, and you agree to comply promptly with such request.

Mobile Communications and SMS Notices

If you provide a mobile telephone number, request information by text message, register for alerts, or otherwise consent to receive mobile communications from Company, you agree that we may contact you by SMS, MMS, automated text, or other mobile messaging methods to the extent permitted by applicable law.

Such communications may include account notifications, security alerts, service updates, onboarding information, promotional content, product announcements, reminders, or other operational communications.

Message frequency may vary. Standard message, data, roaming, or carrier charges may apply according to your wireless plan. Company is not responsible for carrier fees, delayed delivery, failed delivery, or other transmission issues caused by carriers or third-party providers.

You may opt out of non-essential text communications at any time by following the instructions provided in the message, including replying STOP where applicable. You may receive a confirmation message after opting out. Reply HELP where available for additional assistance.

By participating in mobile communications, you acknowledge that we may collect and process information such as your phone number, carrier information, messaging history, timestamps, and related metadata in accordance with our Privacy Policy.

We reserve the right to modify, suspend, restrict, or discontinue mobile messaging programs or features at any time, with or without notice.

Software, Downloads, Updates, and Beta Features

Certain portions of the Services may include downloadable software, browser extensions, mobile applications, APIs, scripts, plug-ins, or similar technology components. Subject to your compliance with these Terms, Company grants you a limited, revocable, non-exclusive, non-transferable license to install and use such software solely in connection with the authorized use of the Services.

To improve functionality, security, compatibility, and performance, software components may automatically download patches, updates, upgrades, fixes, or new features, with or without prior notice where permitted by law. By using the Services, you consent to such updates.

Some Services may permit you to manage update preferences; however, certain critical updates may be mandatory for continued functionality or security.

From time to time, we may offer experimental, preview, early access, or beta features. Such features may contain errors, may be modified or withdrawn at any time, and are provided without any warranty or commitment of continued availability.

Fees, Billing, and Payment

Access to certain Services may require payment of subscription fees, platform fees, usage-based charges, messaging fees, onboarding fees, implementation fees, carrier pass-through costs, overage fees, taxes, or other charges disclosed to you at the time of purchase, enrollment, upgrade, renewal, or use.

Unless otherwise expressly stated in a separate written agreement signed by Company, all fees are payable in advance or in accordance with the billing plan, pricing schedule, or payment method selected by you. You authorize Company and its designated payment processors to charge your provided payment method for all applicable recurring and non-recurring amounts, including renewals, usage charges, overages, taxes, and any other sums due in connection with your account.

All fees are stated in U.S. dollars unless otherwise specified and are non-cancelable and non-refundable once billed, earned, accrued, or incurred, except where required by applicable law or expressly approved by Company in writing.

If any payment is declined, reversed, disputed, or remains unpaid when due, we may suspend or terminate access to some or all Services, revoke promotional pricing, require updated payment information, or pursue any other remedies available at law or in equity. Past-due balances may accrue interest at the lesser of one and one-half percent (1.5%) per month or the maximum rate permitted by applicable law, beginning on the date due until paid in full.

You are solely responsible for all sales, use, excise, value-added, telecommunications, and similar taxes, duties, or governmental charges arising from your purchase or use of the Services, excluding taxes based solely on Company’s net income.

Ownership; Limited License; Intellectual Property

You understand and agree that the Services, including all software, code, interfaces, designs, logos, trademarks, content, workflows, analytics systems, and related intellectual property, are owned by or licensed to Company and are protected by applicable law.

Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable right to access and use the Services solely for your internal lawful business purposes.

Except for the limited rights expressly granted, no rights are transferred to you.

Customer Data and Content

As between you and Company, you retain all right, title, and interest in and to your contact lists, recipient information, scripts, campaign materials, uploaded files, trademarks, branding assets, message content, communications, analytics inputs, and other data, materials, or content that you upload, submit, import, transmit, generate, or otherwise make available through the Services (collectively, “Customer Data”).

You hereby grant Company a limited, non-exclusive, worldwide, royalty-free right and license to access, host, copy, store, transmit, process, format, display, analyze, and otherwise use Customer Data solely to the extent reasonably necessary to provide, operate, maintain, secure, troubleshoot, improve, support, and administer the Services, to fulfill your instructions, to comply with applicable law, or as otherwise permitted under these Terms and our Privacy Policy.

Except for the limited rights expressly granted herein, Company acquires no ownership rights in Customer Data. Nothing in these Terms transfers to Company any title or proprietary interest in your Customer Data.

You represent and warrant that you have all rights, permissions, consents, and lawful authority necessary to provide Customer Data to Company and to permit the uses described in these Terms. You remain solely responsible for the accuracy, legality, quality, integrity, and content of all Customer Data submitted through the Services.

Messaging Compliance Responsibilities

You acknowledge and agree that laws, regulations, carrier policies, and industry standards governing text messaging, voice communications, email outreach, political messaging, marketing communications, and data use may vary by jurisdiction and may be amended, reinterpreted, or enforced differently over time. Your use of the Services must remain compliant at all times with all applicable requirements.

You are solely responsible for determining whether your communications are lawful and for ensuring that your use of the Services complies with all applicable federal, state, local, and international laws, regulations, and private industry requirements, including, where applicable, laws and standards relating to telephone and text communications, telemarketing, spam prevention, privacy, consumer protection, political outreach, campaign messaging, disclosure obligations, do-not-contact lists, quiet hours, sender identification, and recordkeeping.

Without limitation, you are solely responsible for obtaining and maintaining any required opt-in consent, prior express consent, prior express written consent, donor consent, or other authorization necessary to contact recipients, as well as honoring unsubscribe requests, STOP requests, revocations of consent, suppression lists, and other recipient preferences in a timely and legally compliant manner.

You are further responsible for the legality, accuracy, timing, targeting, content, frequency, and distribution of all messages sent through the Services, including messages drafted, scheduled, automated, or transmitted by your users, agents, contractors, campaigns, affiliates, or integrated systems.

Company provides technology tools only and does not monitor each campaign or communication for legal compliance. We do not guarantee that use of the Services will satisfy your legal obligations or be compliant for your particular use case, and nothing in the Services or these Terms constitutes legal advice, regulatory advice, or campaign compliance advice. You are encouraged to consult qualified counsel regarding your specific obligations.

Political Communications and Campaign Use

If you use the Services in connection with political communications, campaign outreach, fundraising, issue advocacy, voter engagement, ballot measure activity, public affairs initiatives, or similar activities, you acknowledge and agree that you are solely responsible for ensuring full compliance with all applicable federal, state, and local laws, regulations, ordinances, and agency guidance governing such activities.

Without limitation, you are solely responsible for compliance with campaign finance laws, election reporting requirements, donor solicitation rules, disclaimer and attribution requirements, fundraising restrictions, contribution limitations, recordkeeping obligations, privacy requirements, and any rules imposed by carriers, vendors, platforms, data providers, or other third parties relevant to your communications.

You are solely responsible for the truthfulness, legality, timing, targeting, content, and recipients of all political or advocacy messages distributed through the Services, including any statements regarding candidates, public officials, elections, voting procedures, endorsements, donations, or public policy matters.

You agree not to use the Services for any unlawful, deceptive, fraudulent, abusive, or misleading purpose, including without limitation: voter suppression; fraudulent fundraising; impersonation of candidates, committees, campaigns, public officials, or governmental agencies; dissemination of knowingly false election information; unlawful harassment, intimidation, or threats; or any other conduct that could reasonably expose Company or its providers to legal, regulatory, reputational, carrier, or operational risk.

Company does not review all political communications for legal sufficiency and does not provide campaign finance, election law, or regulatory advice. We reserve the right, in our sole discretion, to suspend, restrict, investigate, remove content from, or terminate any account or activity that we believe may violate these Terms or create legal, reputational, vendor, carrier, or operational risk.

Mobile Messaging and Carrier Limitations

If you use the Services to send, receive, route, schedule, monitor, or manage SMS, MMS, voice, push notifications, or other mobile communications, you acknowledge and agree that such communications depend in part on third-party wireless carriers, aggregators, telecom providers, device manufacturers, operating systems, internet providers, and other external vendors beyond Company’s control.

Accordingly, message transmission and delivery are not guaranteed. Messages may be delayed, filtered, blocked, misdirected, duplicated, truncated, rejected, or fail to deliver for reasons including carrier policies, network congestion, handset settings, spam detection systems, technical outages, routing issues, content restrictions, registration failures, regulatory changes, or other circumstances outside our control.

Standard message, data, roaming, and carrier charges may apply to senders or recipients depending on their mobile plans and carrier relationships. Company is not responsible for any such third-party charges or fees.

Where opt-out or help functionality is enabled, recipients may be able to revoke consent or unsubscribe by replying with recognized keywords such as STOP, END, CANCEL, UNSUBSCRIBE, or HELP, subject to carrier and system compatibility. You are solely responsible for ensuring that your campaigns properly honor legally required opt-outs, suppression requests, consent withdrawals, and related recipient preferences.

Company may suspend, throttle, modify, or discontinue mobile messaging capabilities at any time where required by carriers, vendors, regulators, security concerns, operational constraints, or business needs.

User Submissions, Feedback, and Content Standards

You may submit information, content, communications, materials, files, support requests, feedback, suggestions, campaign materials, or other data through the Site or Services (collectively, “Submissions”). As between you and Company, ownership of Submissions that constitute Customer Data remains subject to the Customer Data and Content section of these Terms.

You are solely responsible for all Submissions provided through the Services and represent and warrant that you have all rights, permissions, consents, and authority necessary to submit such materials and to permit Company to use them as contemplated under these Terms.

You further represent and warrant that your Submissions will not violate any applicable law, regulation, contractual restriction, privacy right, publicity right, intellectual property right, or other third-party right, and will not contain unlawful, deceptive, defamatory, fraudulent, abusive, or malicious material.

To the extent necessary to operate the Services, respond to requests, troubleshoot issues, improve functionality, or provide support, you grant Company a limited, non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, analyze, modify for formatting purposes, and otherwise use Submissions in connection with providing the Services.

If you provide feedback, ideas, enhancement requests, recommendations, or suggestions regarding the Services (“Feedback”), Company may use such Feedback without restriction or obligation to you, provided that Company does not publicly identify you without consent.

Company does not undertake to monitor all Submissions but reserves the right, in its sole discretion, to review, refuse, remove, disable access to, or preserve any Submission where we believe such action is appropriate to enforce these Terms, comply with law, respond to claims, protect users, or reduce legal or operational risk.

You acknowledge that electronic transmissions may not always be secure or private, and except as expressly stated in our Privacy Policy, you submit materials through the Services at your own risk.

Artificial Intelligence Features

Certain portions of the Services may include artificial intelligence, machine learning, predictive analytics, automation tools, recommendation engines, natural language processing, or generative technologies (collectively, “AI Features”). AI Features may assist with drafting messages, optimizing campaigns, generating suggestions, summarizing data, analyzing trends, segmenting audiences, automating workflows, or providing other outputs.

You acknowledge and agree that AI-generated outputs may be inaccurate, incomplete, misleading, biased, offensive, outdated, noncompliant, or otherwise unsuitable for your intended purpose. AI outputs may contain errors or produce results inconsistent with your expectations. No AI output should be relied upon without appropriate human review and independent judgment.

You remain solely responsible for all content, decisions, communications, strategies, targeting, and actions taken based on AI Features, including all messages sent, recommendations followed, and materials published or distributed through the Services, whether generated in whole or in part by automated systems.

You may not use AI Features to generate or distribute unlawful, defamatory, fraudulent, deceptive, harassing, discriminatory, infringing, harmful, or otherwise prohibited content, nor may you use AI Features in any manner that violates these Terms or applicable law.

Unless expressly stated otherwise in a separate written agreement, Company does not use your nonpublic customer lists, confidential campaign strategies, or private account materials to train publicly available artificial intelligence models. We may, however, use aggregated, anonymized, de-identified, or system-level usage data to improve the Services, security, and internal product performance to the extent permitted by applicable law and our Privacy Policy.

AI Features may be modified, limited, suspended, or discontinued at any time, and Company makes no representation that any AI Feature will remain available or perform in any particular manner.

Acceptable Use Restrictions

You agree that you will access and use the Services only for lawful purposes and only in accordance with these Terms. You may not use, or permit any third party to use, the Services in any manner that could harm Company, other users, recipients, vendors, carriers, or the public, or that could interfere with the integrity, security, availability, or intended operation of the Services.

Without limitation, you agree not to use the Services to violate any applicable law, regulation, court order, or governmental requirement; send unlawful spam, unauthorized bulk messaging, or communications lacking required consent; infringe or misappropriate intellectual property, privacy, publicity, or other rights of any person or entity; impersonate another individual, organization, candidate, committee, or government body; transmit malware, viruses, ransomware, harmful code, or malicious links; probe, scan, reverse engineer, decompile, copy, disable, disrupt, overload, or interfere with the Services or related systems; scrape, harvest, export, resell, or misuse platform data or information; circumvent account limits, suspensions, or security controls; or distribute defamatory, threatening, harassing, abusive, fraudulent, deceptive, obscene, or otherwise unlawful content.

You further agree not to use the Services in any way inconsistent with their intended purpose or in any manner that could expose Company to legal, regulatory, reputational, vendor, carrier, or operational risk.

Company reserves the right, but not the obligation, to monitor use of the Services, investigate suspected misconduct, remove content, suspend activity, restrict access, cooperate with law enforcement, or take any other lawful action we deem appropriate in response to suspected violations of these Terms or misuse of the Services.

Operational Control; Monitoring; User Responsibility

Company reserves the right, at any time and in its sole discretion, with or without prior notice, to modify, suspend, discontinue, restrict, remove, or limit any portion of the Site or Services, any feature, campaign functionality, integration, pricing model, account access, or operational capability, whether for maintenance, upgrades, legal compliance, security, carrier requirements, vendor requirements, business reasons, or otherwise.

Company may monitor use of the Site or Services, system activity, messaging traffic, account behavior, support communications, and submitted content to the extent reasonably necessary to operate the Services, enforce these Terms, comply with law, protect users, investigate complaints, detect fraud or abuse, preserve system integrity, or manage risk.

You acknowledge and agree that Company is not required to pre-screen, verify, edit, endorse, or monitor all content, communications, campaigns, uploads, or materials transmitted through the Services. Content provided by users, clients, campaigns, consultants, vendors, or third parties is solely the responsibility of the party from whom such content originated.

You remain solely responsible for all messages, campaigns, uploads, recipient lists, communications, fundraising solicitations, political content, and other materials sent, stored, or distributed through your account or through the Services at your direction.

Company reserves the right, in its sole discretion, to remove content, pause campaigns, reject traffic, disable integrations, require verification, request documentation, or suspend or terminate accounts where Company believes such action is advisable to address misuse, legal exposure, carrier concerns, third-party complaints, security risks, reputational concerns, or violations of these Terms.

Company may disclose information, records, or account data where Company reasonably believes disclosure is required by subpoena, court order, legal process, law enforcement request, regulatory inquiry, or to protect Company, users, or the public, subject to applicable law and our Privacy Policy.

To the extent Company incurs damages, costs, fines, penalties, chargebacks, carrier assessments, professional fees, or other losses arising from your misuse of the Services or breach of these Terms, Company reserves all rights and remedies available at law or in equity.

Confidentiality

In connection with the parties’ relationship, either party may disclose nonpublic, confidential, proprietary, technical, commercial, strategic, or personal information to the other party (“Confidential Information”). Each party agrees to use reasonable care, and no less than the care it uses to protect its own similar information, to safeguard the other party’s Confidential Information from unauthorized access, use, or disclosure.

Each party agrees to use Confidential Information solely as reasonably necessary to perform its obligations, exercise its rights, or receive the benefits contemplated under these Terms, and for no other purpose. Neither party shall disclose the other party’s Confidential Information except to employees, contractors, professional advisors, or service providers who have a legitimate need to know and who are bound by confidentiality obligations at least as protective as those contained herein.

Confidential Information does not include information that: (a) becomes publicly available without breach of these Terms; (b) was lawfully known to the receiving party without restriction before disclosure; (c) is lawfully received from a third party without breach of duty; or (d) is independently developed without use of the disclosing party’s Confidential Information.

If disclosure is required by law, subpoena, court order, or regulatory process, the receiving party may disclose the minimum required information, and where legally permitted, shall provide reasonable prior notice to the disclosing party.

The obligations of this section shall survive termination of the parties’ relationship for so long as the applicable information remains confidential or protected under applicable law.

Disclaimers

THE SERVICES, SITE, SOFTWARE, CONTENT, FEATURES, INTEGRATIONS, MOBILE COMMUNICATIONS, AI FEATURES, AND ALL RELATED FUNCTIONALITY ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, RELIABILITY, SECURITY, UPTIME, AVAILABILITY, OR ERROR-FREE PERFORMANCE.

Company does not warrant that the Services will be uninterrupted, timely, secure, accurate, complete, free of harmful components, compatible with all systems, or suitable for your intended use. Company does not guarantee campaign performance, donations, fundraising success, voter turnout, deliverability rates, conversions, engagement metrics, election outcomes, business results, or regulatory compliance outcomes.

Any information, recommendations, analytics, AI-generated content, benchmarks, or suggestions made available through the Services are provided for informational purposes only and should not be relied upon as legal, financial, strategic, political, or regulatory advice.

Some jurisdictions do not allow exclusion of certain warranties, so portions of this section may apply only to the extent permitted by law.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, LICENSORS, VENDORS, SERVICE PROVIDERS, OR THEIR RESPECTIVE OWNERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, REPUTATION, ANTICIPATED SAVINGS, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, STATUTE, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

WITHOUT LIMITING THE FOREGOING, COMPANY SHALL NOT BE LIABLE FOR DAMAGES ARISING FROM MESSAGE FILTERING, FAILED DELIVERY, CARRIER BLOCKING, THIRD-PARTY OUTAGES, DATA LOSS, SECURITY EVENTS NOT CAUSED BY COMPANY’S GROSS MISCONDUCT, USER ERROR, UNAUTHORIZED ACCOUNT ACCESS, CONTENT PROVIDED BY USERS, OR ACTIONS OF THIRD-PARTY VENDORS OR RECIPIENTS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY’S TOTAL CUMULATIVE AND AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO COMPANY DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) FIVE THOUSAND U.S. DOLLARS (US $5,000).

The limitations in this section apply regardless of the failure of any essential purpose of any limited remedy and survive termination of these Terms. Some jurisdictions do not allow certain limitations of liability, so portions of this section may apply only to the extent prohibited by law.

Indemnification

You agree to defend, indemnify, and hold harmless Company, its affiliates, licensors, vendors, service providers, and each of their respective owners, members, managers, officers, directors, employees, contractors, agents, successors, and assigns (collectively, the “Company Parties”) from and against any and all claims, demands, actions, investigations, liabilities, damages, judgments, settlements, penalties, fines, losses, costs, and expenses, including reasonable attorneys’ fees and professional fees, arising out of or relating to your access to or use of the Services.

Without limitation, this obligation applies to claims arising from or relating to: your Customer Data, message content, campaigns, fundraising solicitations, political activities, donations, recipient lists, targeting decisions, consent practices, privacy practices, data collection or use, alleged TCPA or telemarketing violations, intellectual property infringement, fraud, deceptive practices, unlawful conduct, breach of these Terms, or violation of any applicable law, regulation, or third-party right.

Company reserves the right, at its option and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to reasonably cooperate in the defense of such matter. Your indemnification obligations shall survive suspension, termination, or expiration of your use of the Services and these Terms.

Suspension and Termination

Company may, at any time and in its sole discretion, suspend, restrict, throttle, disable, or terminate your access to the Services, any account, any campaign, or any feature, with or without prior notice, where we reasonably believe such action is necessary to protect Company, users, recipients, vendors, carriers, regulators, or the public, or to enforce these Terms.

Without limitation, we may take such action in connection with suspected or actual nonpayment, misuse of the Services, unlawful conduct, security incidents, excessive complaints, spam reports, opt-out violations, carrier or vendor restrictions, reputational risk, suspected fraud, inactivity, inaccurate account information, operational constraints, or breach of these Terms.

We may also remove content, pause campaigns, limit sending capacity, require identity verification, request additional documentation, or impose usage conditions as a prerequisite to continued access.

You may discontinue use of the Services at any time, subject to any minimum commitment period, prepaid term, or separate written agreement. Termination, suspension, or discontinuation of access shall not relieve you of any payment obligations, accrued fees, indemnification obligations, or other provisions that by their nature survive termination.

To the maximum extent permitted by law, Company shall not be liable for any losses, damages, or business interruption resulting from any lawful suspension, restriction, or termination of access.

Arbitration; Class Action Waiver; Governing Law

Except for claims properly brought in small claims court, claims seeking temporary or permanent injunctive relief, claims involving intellectual property misuse, or other matters for which arbitration is prohibited by applicable law, any dispute, claim, or controversy arising out of or relating to these Terms, the Services, the Site, billing, privacy, messaging activity, or the relationship between you and Company shall be resolved exclusively through final and binding confidential arbitration.

The arbitration shall take place in Denver, or by remote proceedings if permitted by the applicable arbitration administrator or agreed by the parties. The arbitration shall be conducted before a single neutral arbitrator under commercially reasonable arbitration rules selected by Company, unless otherwise required by applicable law. The arbitrator shall have authority to award remedies available under applicable law, subject to the limitations contained in these Terms.

YOU AND COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, MASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING. All disputes shall be brought solely in an individual capacity and not as a plaintiff or class member in any purported representative matter.

These Terms and any dispute arising hereunder shall be governed by the laws of the State of Colorado, without regard to conflict-of-law principles. To the extent any matter is permitted to proceed in court, the state and federal courts located in Denver shall have exclusive jurisdiction, and the parties consent to personal jurisdiction and venue therein.

If any portion of this section is found unenforceable, the remainder shall be enforced to the fullest extent permitted by law, except that any waiver of class or representative proceedings shall be severable only as required by law.

Electronic Communications; Electronic Consent

By accessing the Site, creating an account, using the Services, clicking to accept these Terms, or communicating with Company by email, text message, chat, portal message, or other electronic means, you consent to transact with Company electronically.

You agree that Company may provide agreements, disclosures, invoices, receipts, notices, updates, security alerts, legal notices, and other communications to you electronically, including by email, in-product notification, dashboard notice, text message, website posting, or other reasonable electronic means.

You acknowledge and agree that electronic communications satisfy any legal requirement that such communications be in writing, to the fullest extent permitted by applicable law.

Any notice or communication sent electronically by Company shall be deemed given and received on the date transmitted or made available, unless otherwise required by applicable law.

You are responsible for maintaining accurate and current contact information, including your primary email address and any designated notice address. Company shall not be responsible for any delay or failure in delivery caused by outdated contact information, spam filters, system failures, or circumstances outside Company’s reasonable control.

To the extent permitted by law, electronic signatures, click-through acceptances, checkbox acknowledgments, digital confirmations, and similar manifestations of assent shall have the same legal force and effect as handwritten signatures.

General Terms

These Terms, together with any applicable Order Form, subscription agreement, pricing schedule, Privacy Policy, Acceptable Use Policy, Data Processing Addendum, or other policies expressly incorporated by reference, constitute the complete and exclusive agreement between you and Company regarding the Services and supersede all prior or contemporaneous proposals, communications, understandings, or agreements relating to the same subject matter.

If any provision of these Terms is held invalid, unlawful, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable or, if modification is not possible, severed, and the remaining provisions shall remain in full force and effect.

No failure or delay by Company in exercising any right, remedy, power, or privilege under these Terms shall operate as a waiver thereof, and no single or partial exercise of any right or remedy shall preclude any further exercise of that or any other right or remedy.

You may not assign, delegate, transfer, or sublicense any rights or obligations under these Terms without Company’s prior written consent. Any attempted assignment in violation of the foregoing shall be null and void. Company may assign or transfer these Terms, in whole or in part, without restriction in connection with a merger, acquisition, corporate reorganization, financing transaction, sale of assets, change of control, or by operation of law.

Headings are for convenience only and do not affect interpretation. Unless the context otherwise requires, the words “including,” “include,” and similar terms mean “including without limitation.” These Terms may be executed or accepted electronically, and electronic acceptance shall be deemed binding and enforceable to the fullest extent permitted by law.

Contact Information; Notices

Company welcomes questions, comments, and inquiries regarding these Terms, the Site, the Services, billing matters, privacy requests, technical support, or other account-related matters.

Unless otherwise expressly stated in these Terms or required by applicable law, communications to Company should be directed through the contact methods listed on the Site or to the designated addresses below, as updated from time to time.

Select All, LLC 1580 N Logan St Ste 660 PMB 477297 Denver, Colorado 80203-1994 US contact@selectall.tech

If you are providing a legal notice, dispute notice, subpoena, privacy request, abuse report, or other formal communication, you should clearly label the subject line and provide sufficient detail for us to identify the relevant account or matter.

Communications submitted to Company do not create any duty to respond within a particular timeframe unless otherwise required by law or expressly agreed in writing.

Company may update its contact information at any time by posting revised information on the Site or through the Services.