Effective Date: September 11, 2023

1. Acceptance of Terms

By accessing or using the services provided by Biz Boost Agency ("Biz Boost Agency") including our website, mobile applications, A2P SMS texting, emailing services, and any related features (collectively referred to as the "Services"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Services.

2. Changes to the Terms

Biz Boost Agency reserves the right to modify, amend, or change these Terms at any time. Any such modifications will be effective immediately upon posting on our website. Your continued use of the Services after the posting of changes constitutes your acceptance of the modified Terms.

3. Privacy Policy

Your use of the Services is also governed by our Privacy Policy. By using our Services, you consent to the practices outlined in our Privacy Policy.

4. Eligibility

You must be at least 18 years old to use our Services. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Biz Boost Agency.

5. Account Registration

To access certain features of our Services, you may need to create an account. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account.

6. A2P SMS Texting and Emailing Policies

a. Compliance: When using our A2P SMS texting and emailing services, you agree to comply with all applicable laws and regulations, including those governing unsolicited messages (spam) and data privacy.

b. User Data: You are solely responsible for the data and contact information you upload or provide to our Services for A2P SMS texting and emailing. You represent and warrant that you have obtained all necessary consents to send messages to the recipients.

c. Message Content: You agree not to send content that is illegal, harassing, obscene, defamatory, or infringing on intellectual property rights through our A2P SMS texting and emailing services. Biz Boost Agency reserves the right to suspend or terminate your account if you violate this provision.

d. Opt-Out Mechanism: For A2P SMS texting and email messages, you must include an opt-out mechanism that allows recipients to unsubscribe from future communications. Biz Boost Agency may provide tools to facilitate compliance with this requirement.

e. Message Delivery: While we strive for message delivery, we do not guarantee the delivery of A2P SMS texts or emails. Factors such as recipient preferences, network issues, or message filtering may impact message delivery.

7. Payment and Fees

a. Subscription Fees: Some features of our Services may require payment of fees. By using these features, you agree to pay the applicable fees, as described in the pricing section of our website.

b. Billing Information: When making payments, you must provide accurate billing information. If we are unable to process your payment, we may suspend or terminate your access to the Services.

8. Termination

Biz Boost Agency reserves the right to terminate or suspend your access to the Services at any time for any reason, including violation of these Terms.

9. Intellectual Property

a. Ownership: All content and materials available on the Services, including text, graphics, logos, images, audio clips, and software, are the property of Biz Boost Agency or its licensors and are protected by intellectual property laws.

b. License: Biz Boost Agency grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services solely for your personal or internal business purposes.

10. Disclaimers and Limitations of Liability

a. No Warranty: The Services are provided "as is" and without warranties of any kind, either express or implied. Biz Boost Agency disclaims all warranties, including but not limited to, the implied warranties of merchantability and fitness for a particular purpose.

b. Limitation of Liability: In no event shall Biz Boost Agency be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses resulting from (a) your use or inability to use the Services; (b) any unauthorized access to or use of our servers and/or any personal information stored therein; (c) any interruption or cessation of transmission to or from the Services; (d) any bugs, viruses, or the like, which may be transmitted to or through the Services; or (e) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the Services, whether based on warranty, contract, tort, or any other legal theory, and whether or not Biz Boost Agency is advised of the possibility of such damages.

11. Governing Law and Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. You agree to submit to the exclusive jurisdiction and venue of the state and federal courts located in San Mateo County, California.

12. Questions, Complaints and Contacts

If you have any questions or concerns regarding these Terms or our Services, please contact us at:

Biz Boost Agency

Attn: Privacy Officer

155 Bovet Road, Suite 700

San Mateo, CA

You can also send us a message here.

Thank you for using Biz Boost Agency. We look forward to serving you.