Terms of service

Last updated

These terms are an agreement between you and [Tapfuel legal entity] (“Tapfuel”, “we”, “us”) for using the Tapfuel app at https://app.tapfuel.works and the services around it. If you use Tapfuel for a business, you accept these terms for that business and confirm that you are authorized to do so. If you do not agree, do not use Tapfuel.

The service

Tapfuel is a platform for running text-message (SMS) marketing. It lets you set up brands, collect and record consent, manage contacts, host click-to-text link pages, run campaigns through your own messaging provider, and see reports. Some features are in beta; we may change or remove features as the service develops.

Accounts

  • Tapfuel is for businesses. You must be at least 18 and able to enter a binding contract.
  • Give accurate information and keep it up to date.
  • You are responsible for everything done in your account, including by the people you invite, and for the roles and brand access you give them.
  • Keep your sign-in secure and tell us at once at privacy@tapfuel.works if you believe your account has been compromised.

Your messaging provider and registrations

You connect your own messaging provider account (for example Twilio). Your use of that provider is governed by your agreement with it, and you pay its fees. You are responsible for your sender numbers and for their carrier registrations, such as 10DLC brand and campaign registration or toll-free verification, and for keeping them accurate.

You are the sender of every message you send through Tapfuel. You are responsible for following every law and rule that applies to your messages, including the Telephone Consumer Protection Act (TCPA), state telemarketing and text-messaging laws, the CTIA Messaging Principles and Best Practices, and the rules of the wireless carriers and your messaging provider. In particular, you agree to:

  • text only people who have given the consent the law requires for that kind of message;
  • keep accurate records of that consent, and attest truthfully to the source of any list you import;
  • honor opt-outs (STOP and similar replies) promptly and permanently, and respond to HELP;
  • send only during the hours the law allows for the recipient;
  • not send content that carriers or the law prohibit, such as content about illegal activity, or restricted categories your registration does not allow.

Tapfuel’s consent tools, receipts and Consent Ledger help you meet these duties, but they do not replace your own legal review, and using them does not make a campaign compliant.

Acceptable use

You will not use Tapfuel to:

  • send spam or messages to people who did not agree to receive them;
  • send unlawful, deceptive, harassing or harmful content, or collect information by deception;
  • upload protected health information, payment card numbers or other sensitive data the service is not designed to hold;
  • break, probe or overload the service, get around its limits or security, or access other customers’ data;
  • copy, resell or reverse engineer the service, except as the law allows.

Your content and your contacts’ data

You keep ownership of the content and data you put into Tapfuel, including your contacts and their consent records. You give us permission to host, process and transmit it only as needed to provide and secure the service and as described in our privacy policy. We handle your contacts’ personal information on your instructions. You confirm that you have the right to upload it and to have us process it.

Tapfuel hosts link pages for your brands. If you add tracking pixels to them, you are responsible for having the right to use those pixels and for any disclosures and consents the law requires for them.

Fees

If your plan has fees, they are shown before you agree to them and are billed as described there. Fees from your messaging provider and carriers are separate and are yours to pay.

Suspension and termination

You may stop using Tapfuel and close your account at any time. We may suspend or end your access if you break these terms, if your messaging causes complaints or carrier action, if we must to comply with the law, or to protect the service or other people. Where it is reasonable, we will tell you first and give you a chance to fix the problem. After your account closes, we handle your data as our privacy policy describes, including keeping consent records and opt-outs where needed.

Disclaimers

Tapfuel is provided “as is” and “as available”. To the fullest extent the law allows, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose and non-infringement. We do not promise that messages will be delivered, since delivery depends on your messaging provider and the carriers, or that the service will be uninterrupted or error-free.

Limitation of liability

To the fullest extent the law allows, Tapfuel is not liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data. Our total liability for any claim relating to the service is limited to the amount you paid us for the service in the 12 months before the claim arose.

Indemnity

You will defend and indemnify Tapfuel against claims, fines and costs that arise from your messages, your contacts’ data, your consent practices, or your breach of these terms or the law.

Changes to these terms

We may update these terms. We will change the date at the top and, for significant changes, tell account owners by email or in the app before they take effect. Continuing to use Tapfuel after that means you accept the updated terms.

Governing law

These terms are governed by the laws of [governing state], without regard to its conflict-of-law rules.

Contact

[Tapfuel legal entity]
Email: privacy@tapfuel.works