Terms of use - Bulk SMS Application For Marketing

ProAmericaSMS – Terms and Conditions

Effective Date: July 20th 2025

Welcome to ProAmericaSMS, a service provided by ProAmerica360 LLC ("Company," "we," or "us"), a California limited liability company headquartered in the State of California. These Terms and Conditions (“Terms”) govern your access to and use of our SMS, MMS, and voice text messaging services (collectively, the “Services”). By accessing or using the Services in any manner, you agree to be legally bound by these Terms, our Privacy Policy, and all applicable federal, state, and local laws.

If you do not agree with these Terms in their entirety, you may not use the Services.

1. Acceptance of Terms

By accessing or using the Services, you represent and warrant that you have read, understood, and agree to be bound by these Terms and any additional terms or policies referenced herein. These Terms constitute a binding legal agreement between you and ProAmerica360 LLC.

If you are accessing or using the Services on behalf of an organization or legal entity, you further represent that you have full legal authority to bind that entity to these Terms. If you do not have such authority, you may not use the Services on behalf of that entity.

2. Eligibility

Use of the Services is limited to individuals who are at least eighteen (18) years old and legally capable of entering into binding contracts under applicable law. By using the Services, you affirm that you meet these eligibility requirements. If you are using the Services on behalf of a business or organization, you represent that such entity is in good standing and that you have authority to act on its behalf.

We reserve the right to refuse service to any individual or entity at our sole discretion.

3. Responsible Use & Compliance Requirement

You agree to use the ProAmericaSMS platform strictly in accordance with all applicable federal, state, and local laws, regulations, and industry best practices, including but not limited to:

The Telephone Consumer Protection Act of 1991 (TCPA)
The CAN-SPAM Act of 2003
CTIA Messaging Principles and Best Practices
The California Consumer Privacy Act (CCPA)
The California Business and Professions Code §§ 17529.1–17529.9

By using the Services, you expressly affirm and warrant that:

You will only send messages to individuals who have provided valid, documented, and express opt-in consent to receive SMS, MMS, or voice text messages from you.
You will not upload, send, or transmit communications to any purchased, rented, harvested, publicly sourced, or otherwise acquired third-party lists, nor will you use contact data from brokers or providers not verified and approved by the Company.
You will maintain and retain all required documentation evidencing proper opt-in consent and will provide such documentation to ProAmerica360 LLC upon request.
You will immediately honor all opt-out, unsubscribe, or do-not-contact requests and will ensure your contact lists are promptly and properly updated.
You are solely and entirely responsible for the content, accuracy, compliance, legality, and timing of all messages sent through your account, including any communications initiated by your authorized users, contractors, or employees.

Any use of the Services in violation of these obligations, including but not limited to spamming, deceptive messaging, impersonation, misrepresentation, or unauthorized use of personal data, is strictly prohibited and may result in the following:

Immediate suspension or permanent termination of your account;
Reporting to mobile carriers, third-party platforms, or governmental authorities;
Investigation or legal enforcement by regulatory agencies;
Civil or criminal penalties under applicable law.

You understand and agree that you are solely liable for any and all claims, complaints, fines, investigations, or legal actions arising from your misuse of the platform or violation of any messaging or privacy law.

ProAmerica360 LLC shall bear no liability, financial or otherwise, for your actions or for any legal consequences resulting from your use or misuse of the Services. You agree to indemnify, defend, and hold harmless ProAmerica360 LLC, its officers, directors, agents, and employees from and against any claims, losses, damages, penalties, costs, or expenses (including reasonable attorneys’ fees) arising from your noncompliance or misconduct.

We reserve the right, at our sole discretion and without prior notice, to audit your usage, review message content, request opt-in verification, or take any enforcement action necessary to maintain compliance and protect platform integrity.

4. Content Restrictions

You may not use the Services to transmit, facilitate, or promote any content that:

Is unsolicited, deceptive, or spam-related in nature
Is unlawful, threatening, defamatory, harassing, libelous, abusive, vulgar, obscene, or offensive
Constitutes or encourages conduct that would violate any applicable law or regulation
Infringes upon any copyright, trademark, trade secret, or proprietary right of any third party
Promotes violence, discrimination, or hate speech
Impersonates another individual or entity without proper authorization
Contains or links to malware, phishing, or malicious code
Is intended for political or fundraising campaigns in jurisdictions that prohibit such communication without prior notice or registration

We reserve the right to monitor content and remove or restrict access to any account that violates these content policies. Repeated or egregious violations may result in termination of services and referral to law enforcement.

5. Message Delivery & Carriers

While we strive to ensure prompt delivery of all outbound messages, we do not guarantee message delivery, as it depends on a variety of external factors including:

Recipient mobile carrier restrictions
Message filtering policies (e.g., spam flags)
Network traffic or outages
The recipient's phone status (e.g., powered off or out of service)

Carrier message and data rates may apply to recipients, and you are solely responsible for ensuring that your communications comply with carrier policies. ProAmerica360 LLC is not liable for any failure or delay in message delivery.

6. Pay-As-You-Go Pricing

Our Services are provided on a pay-as-you-go basis with transparent, usage-based pricing. As of the Effective Date, our standard rates are as follows:

SMS (Text Message): $0.04 per message
MMS (Multimedia Message): $0.05 per message
Voice Text: $0.06 per message

A dedicated phone number is required for sending messages through the platform:

U.S. Standard Number: $59.99 per year
Local, Vanity, or Custom Numbers: Pricing may vary based on area code availability, market demand, or other carrier-related factors. Higher fees may apply for premium selections.

All fees are stated in U.S. dollars, exclusive of any applicable sales taxes, fees, or regulatory surcharges, which may be applied based on your jurisdiction and billing address. All pricing is subject to change at any time, with or without prior written notice. Users are encouraged to consult the latest pricing schedule available on our website or contact our support team before initiating high-volume messaging or purchasing services. All pricing, including the Management Plan, is subject to change at any time without prior notice

Optional Management Plan

For customers seeking administrative support, we offer an optional Text Management Plan designed to streamline and enhance your communication efforts. This plan includes:

Unlimited message requests
Proofreading and formatting assistance
Forwarding of inbound replies
Contact list updates and maintenance

The Management Plan is billed separately at a fixed monthly rate of $39.99 USD, and is in addition to the standard per-message rates outlined in Section 6. This monthly fee is subject to applicable sales tax and regulatory surcharges based on your jurisdiction.

No long-term contracts are required unless otherwise agreed upon in a signed addendum or statement of work.

You may cancel the Management Plan at any time with written notice. Upon cancellation, services will continue through the end of the current billing cycle, and no partial refunds will be issued.

All management services are governed by the same compliance standards, data protection terms, and anti-spam policies set forth in these Terms. Misuse of the platform or Management Plan may result in suspension, termination, or legal action.

7. Billing & Refunds

All payments made to ProAmerica360 LLC are final, non-cancelable, and non-refundable, including but not limited to:

Unused message credits
Purchased phone numbers
Account deposits or subscriptions
Charges incurred prior to account suspension or termination

It is your responsibility to ensure that your account balance is sufficient to support your desired messaging volume. Failure to maintain sufficient credit may result in message delivery failure or account suspension.

We reserve the right to modify our billing policies, payment terms, or pricing structure at any time at our sole discretion. Continued use of the Services after such modifications constitutes acceptance of the new terms.

8. Data & Privacy

You retain full ownership and responsibility for all data submitted to the Services, including but not limited to your contact lists, message content, campaign information, and user-submitted preferences (“Customer Data”). ProAmerica360 LLC does not claim any proprietary rights over your Customer Data.

We are committed to maintaining the confidentiality and integrity of your data. We will not sell, rent, lease, or otherwise disclose your Customer Data to any third party except:

As required by applicable federal, state, or local laws, regulations, legal processes, or government requests;
To investigate or prevent suspected fraud, abuse, or unlawful activity;
To comply with a valid subpoena, court order, or enforceable governmental request;
To enforce our Terms or protect the rights, property, or safety of ProAmerica360 LLC, our users, or the public.

By using the Services, you expressly consent to our limited access to and review of message activity and user data for the purposes of legal compliance, fraud prevention, security monitoring, and platform integrity. Such access may include automated scanning, human review, or content sampling for purposes such as enforcing anti-spam measures or validating opt-in records.

You are solely responsible for ensuring that your use of the Services complies with all applicable privacy and data protection laws, including but not limited to the California Consumer Privacy Act (CCPA) and, where applicable, the General Data Protection Regulation (GDPR). If you collect personal data from end-users, you represent and warrant that you have obtained all necessary consents and have provided all necessary disclosures to those individuals.

You agree to maintain appropriate administrative, technical, and physical safeguards for the protection of your Customer Data, especially when exporting, integrating, or backing up your data outside of the platform.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT SHALL PROAMERICA360 LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF REVENUE, PROFITS, DATA, BUSINESS INTERRUPTION, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE THE SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

In jurisdictions where limitations of liability are not fully enforceable, our liability shall be limited to the maximum extent permitted by law. Without limiting the foregoing, our total aggregate liability for any claim arising under these Terms shall not exceed the total amount you paid to ProAmerica360 LLC for use of the Services during the thirty (30) calendar days immediately preceding the date the claim arose.

This limitation shall apply regardless of the legal theory under which the claim is brought, including without limitation, breach of contract, negligence, tort, strict liability, or any other cause of action.

10. Termination

We reserve the right, at our sole discretion and without liability to you or any third party, to suspend or terminate your account and/or access to the Services at any time, with or without notice, for any reason, including but not limited to:

Violation of these Terms;
Failure to maintain compliance with applicable laws or regulatory requirements;
Engaging in abusive, fraudulent, or harmful activity on the platform;
Conduct that we reasonably believe may damage our reputation, integrity, or infrastructure;
Requests by law enforcement or other government agencies.

Upon termination, your right to use the Services will immediately cease, and we may delete your account and all related data and content. You are solely responsible for securing and backing up any Customer Data prior to termination. No refunds will be provided for terminated accounts, and you remain liable for all outstanding fees or charges incurred before termination.

11. Modifications

We reserve the right to update, modify, or revise these Terms at any time. Any changes will be effective immediately upon posting the updated Terms on our website, along with a new “Effective Date.” We may, but are not obligated to, notify users of material changes via email or in-app notices.

Your continued use of the Services after the updated Terms are posted constitutes your binding acceptance of the revised Terms. If you do not agree to the updated Terms, you must discontinue use of the Services immediately.

12. Governing Law

These Terms and any disputes arising from or relating to them shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You agree that the exclusive jurisdiction and venue for any legal action arising out of or relating to these Terms or your use of the Services shall be the state and federal courts located in San Diego County, California. You hereby consent to the personal jurisdiction of such courts and waive any objection based on forum non conveniens or lack of personal jurisdiction.

If any provision of these Terms is found to be unlawful, void, or unenforceable for any reason, that provision shall be severed, and the remaining provisions shall remain in full force and effect.

13. Contact

For questions or legal inquiries regarding these Terms, please contact:

ProAmerica360 LLC

Email: hello@proamerica360.com