Terms of Service
Last Updated: January 1, 2024
Please note: Message & Data Rates May Apply
Carriers are not liable for delayed or undelivered messages.
Please read these Terms of Service ("Terms", "Terms of Service") carefully before using the https://tells.co website (the "Service") operated by Tells, doing business as Tells.co ("us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Service.
By accessing or using the Service, you agree to be bound by these Terms. If you disagree with any part of the terms, then you do not have permission to access the Service.
1. About Tells.co
Tells.co provides AI-powered SMS, RCS, and voice messaging services for businesses. Our platform enables high-volume messaging, intelligent routing, and advanced communication capabilities.
2. TCPA Compliance
This Service is provided in compliance with the Telephone Consumer Protection Act (TCPA). As a user of Tells.co, you are responsible for ensuring that all uses of the Service comply with the TCPA, including obtaining the necessary consents to send messages. You must verify that all content sent through our Service is compliant with the TCPA and other applicable laws.
3. Customer Compliance Responsibility
You are solely responsible for compliance with all applicable laws and regulations governing your use of Tells.co's services, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, CTIA Messaging Principles and Best Practices, and all applicable carrier requirements and guidelines.
You are responsible for obtaining and maintaining all necessary consents, opt-ins, and authorizations from recipients before sending messages. Tells.co is not responsible for the content of messages you send, how consent is obtained, or how you use the platform.
You agree to maintain proper records of all consents and to honor all opt-out requests promptly. Any violation of these requirements may result in immediate suspension or termination of your account.
4. Using the Service
- Opt-Out: Reply STOP, QUIT, END, CANCEL, or UNSUBSCRIBE to 67203 to opt out of all services.
- For Help: Reply HELP to 67203 to receive program contact information.
- Active Keywords: Tells, HELP, STOP, QUIT, END, CANCEL, UNSUBSCRIBE.
5. Free Trial and Refunds
Tells.co may offer a free trial of our services for a limited period of time. Customers may be required to provide billing information to sign up for the free trial. If you choose not to continue after the trial period, the platform fee will be refunded; however, any consumable resources such as SMS used during the trial will still be charged, as per legal requirements.
Refunds for services are available under certain conditions. While we refund the platform fee upon cancellation, any consumables used, including SMS, will still be charged. This ensures compliance with legal restrictions against offering free SMS services.
6. Carrier and Third-Party Messaging Fees
Carrier and third-party messaging fees (including, but not limited to, SMS, MMS, toll-free, 10DLC, and short code surcharges) are determined by upstream providers and are subject to change at any time without prior notice.
Tells.co reserves the right to pass through any such fees or increases immediately upon implementation by carriers or upstream providers.
Customer agrees that pricing may be adjusted at any time to reflect changes in carrier fees, regulatory requirements, or third-party service costs.
Continued use of the services after any such changes constitutes acceptance of the updated pricing and applicable fees.
7. Billing and Payment Terms
All fees charged by Tells.co are non-refundable unless explicitly stated otherwise in writing. By using our services, you authorize Tells.co to automatically charge your payment method on file for all fees, including platform fees, usage fees, and carrier pass-through charges.
Fees may include, but are not limited to, carrier surcharges, third-party service costs, and regulatory fees. These costs are determined by upstream providers and are subject to change without notice. Tells.co reserves the right to adjust pricing at any time to reflect changes in carrier fees, network costs, or regulatory requirements.
You are responsible for maintaining valid payment information on file. Failure to pay fees when due may result in immediate suspension or termination of services.
8. Message Delivery and Network Limitations
Tells.co does not guarantee message delivery, timing, or routing. Message delivery is dependent on third-party carriers, networks, and infrastructure that are outside of Tells.co's direct control. Delivery rates, message throughput, and routing may vary based on carrier networks, recipient devices, network congestion, and other factors.
Tells.co reserves the right to limit, throttle, or adjust message throughput and delivery rates based on carrier requirements, network constraints, or operational considerations. Message volume, speed, and routing are subject to carrier policies and technical limitations of underlying networks.
Tells.co is not responsible for failed, delayed, or undelivered messages, or for any consequences resulting from delivery issues.
9. Liability for Change of Contact Information
If for any reason we are unable to maintain the use of a provided phone number or QR code, Tells.co shall not be liable for any costs associated with reprinting or redistributing materials such as business cards, real estate signs, or advertisements, nor for the replacement costs in digital formats like TV commercials, billboards, and digital ad spots. We recommend considering contingency plans for such scenarios when investing in significant quantities of printed materials or high-cost digital advertising.
10. Intellectual Property
All intellectual property rights related to Tells.co, including trademarks, copyrights, and user-generated content, are owned by Tells. Users may not use our intellectual property without permission.
11. Data Security and Privacy
Tells.co takes data security and privacy seriously. We collect and handle user data in accordance with our Privacy Policy. Users have certain rights regarding their personal data, as outlined in the Privacy Policy.
12. Acceptable Use Policy
Users of Tells.co agree to abide by our Acceptable Use Policy, which prohibits spamming, harassment, illegal activities, and other unauthorized uses of our service.
13. Suspension and Termination
By You: You may unsubscribe at any time by texting STOP to any inbound message or replying STOP to any message you have received.
By Tells.co: We reserve the right to terminate or suspend your account and bar access to the Service immediately, with or without prior notice, for any reason whatsoever, including without limitation if you breach the Terms, violate applicable laws, or engage in activities that may harm Tells.co, our carriers, or other users.
Tells.co may suspend or terminate services at any time due to carrier requirements, regulatory actions, suspected violations of law or policy, non-payment, or other operational or compliance reasons. Suspension or termination does not waive any fees owed or limit Tells.co's other rights and remedies.
14. Limitation of Liability
To the fullest extent permitted by law, Tells.co shall not be liable for any indirect, incidental, consequential, special, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunities, whether arising from the use or inability to use our services, even if Tells.co has been advised of the possibility of such damages.
In no event shall Tells.co's total liability to you for all claims arising out of or relating to these Terms or your use of the services exceed the total amount paid by you to Tells.co during the three (3) months immediately preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.
15. Disclaimer of Warranties
Tells.co makes no warranties regarding the accuracy, reliability, or availability of our service. We provide the service "as is" without any guarantees.
16. Indemnification
You agree to indemnify, defend, and hold harmless Tells.co, its affiliates, officers, directors, employees, agents, and partners from and against any and all claims, liabilities, damages, losses, costs, expenses, and fees (including reasonable attorneys' fees) arising from or relating to:
- Your use or misuse of the services;
- Your violation of these Terms or any applicable laws or regulations;
- Your violation of any rights of a third party, including recipients of your messages;
- The content of messages you send through our platform;
- Your failure to obtain proper consent or maintain compliance with TCPA, CAN-SPAM, CTIA guidelines, or carrier requirements; or
- Any negligent or wrongful conduct by you or anyone using your account.
This indemnification obligation will survive the termination of these Terms and your use of the services.
17. Force Majeure
Tells.co shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, network infrastructure failures, strikes, or carrier or network outages.
This includes failures or disruptions caused by telecommunications carriers, internet service providers, hosting facilities, or any other third-party service providers. In such events, Tells.co's obligations shall be suspended for the duration of the force majeure event.
18. Jurisdiction and Governing Law
These Terms shall be governed by and construed in accordance with the laws of Wyoming, United States. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts in Wyoming.
19. Arbitration and Class Action Waiver
Binding Arbitration
Any dispute, claim, or controversy arising out of or relating to these Terms or your use of Tells.co's services shall be resolved exclusively through binding arbitration, rather than in court, except that either party may seek injunctive or equitable relief in court for matters related to intellectual property or confidentiality.
Arbitration will be conducted by a single arbitrator in accordance with the rules of the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall take place in Wyoming, United States, unless otherwise agreed by the parties. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court having jurisdiction.
Waiver of Jury Trial
You and Tells.co each waive the right to a trial by jury for any dispute arising out of or relating to these Terms or the services.
Class Action Waiver
You and Tells.co agree that any arbitration or proceeding shall be conducted on an individual basis only, and not as a class action, consolidated action, or representative action. You waive the right to participate in a class action, private attorney general action, or other representative proceeding against Tells.co.
Neither you nor Tells.co may bring a claim on behalf of any other person or entity, nor may any arbitration or proceeding be consolidated with any other arbitration or proceeding without the prior written consent of all parties.
Opt-Out Right
You may opt out of this arbitration agreement by providing written notice to Tells.co within 30 days of first accepting these Terms. The notice must include your name, address, and a clear statement that you wish to opt out of the arbitration agreement. Send the notice to: [email protected].
20. Changes to Terms
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
21. Supported Carriers
Tells.co is available on the following carriers: AT&T, Sprint, T-Mobile, Verizon Wireless, Boost Mobile, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and many others.
22. Contact Us
If you have any questions about these Terms, please contact us at:
- Email: [email protected]
- Phone: +1 (833) 900-3339