The terms that apply while AgentMessage is in beta.

1. Beta status

The AgentMessage products, websites, APIs, software, documentation, and related services (collectively, the “Service”) are made available to you as a pre-release beta. The Service may be incomplete, may not perform as documented, may change without notice, and may be removed in whole or in part at any time. Features available today may be modified, disabled, paywalled, renamed, or removed before general availability. We may end the beta or change the eligibility criteria at any time, in our sole discretion.

2. No service-level commitments

The Service is provided during the beta without any uptime, deliverability, throughput, latency, response-time, or support service level agreement, even if such commitments appear in the Terms of Service, a pricing page, an Order Form, marketing materials, or written correspondence. We do not guarantee that the Service will be available, uninterrupted, error-free, or secure. We do not guarantee that any message will be sent, accepted, displayed, or delivered at any particular time, or at all.

3. “As is” basis and warranty disclaimer

THE SERVICE IS PROVIDED DURING THE BETA ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS. AGENTMESSAGE AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, COMPLETENESS, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. THIS DISCLAIMER SUPPLEMENTS AND DOES NOT REPLACE THE WARRANTY DISCLAIMERS IN THE TERMS OF SERVICE.

4. Beta liability cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENTMESSAGE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE DURING THE BETA, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID TO AGENTMESSAGE FOR THE SERVICE IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, AND (B) ONE HUNDRED DOLLARS (US $100). THIS CAP APPLIES IN ADDITION TO, AND DOES NOT WAIVE, THE INDIRECT-DAMAGES EXCLUSION IN THE TERMS OF SERVICE.

5. Data handling during beta

During the beta, we may access, review, inspect, log, replay, and analyze account activity, message metadata, message content, API requests and responses, webhook payloads, dashboard interactions, error reports, telemetry, and other usage data for the purposes of debugging, security review, abuse and fraud detection, regulatory and carrier compliance, quality assurance, support, and product improvement. This access is limited to authorized AgentMessage personnel and contractors operating under confidentiality obligations.

We may use aggregated, de-identified data derived from your use of the Service to operate, analyze, secure, support, and improve the Service and for benchmarking. Aggregated, de-identified data does not identify you, your end users, or message recipients, and does not include message bodies in identifiable form.

No training of general-purpose AI models. We do not use Customer Data, including message bodies, recipient phone numbers, or consent records, to train any general-purpose AI model that we make generally available outside the Service, and we do not authorize our AI subprocessors to do so. The handling of personal information is governed by the Privacy Policy and, for customers who have executed one, the Data Processing Addendum.

6. Feedback license

You may, but are not required to, send us feedback, suggestions, bug reports, feature requests, comments, comparisons, screenshots, or other ideas about the Service (“Feedback”). You grant us a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, modify, distribute, and commercialize the Feedback for any purpose, without obligation, attribution, or compensation to you. You represent that you have the rights necessary to grant this license and that the Feedback does not include confidential information of a third party that you are not authorized to share.

7. Beta confidentiality

The existence of the beta is not confidential. However, non-public information about the Service that we designate as confidential or that a reasonable person would understand to be confidential, including unreleased features, performance characteristics, roadmap information, pricing not published on our website, and non-public dashboards, screens, or APIs, is our Confidential Information under Section 15 of the Terms of Service. You will not disclose Confidential Information to third parties or publish screenshots, recordings, or technical descriptions of Confidential Information without our prior written consent.

8. Compliance obligations are not waived

Nothing in these Beta Terms relaxes your compliance obligations. While the Service is in beta, you remain fully responsible for compliance with the Messaging Policy, the Carrier Compliance Notice, the Acceptable Use Policy, the Telephone Consumer Protection Act, the CAN-SPAM Act, state telemarketing and texting laws, 10DLC registration and throughput rules, CTIA guidelines, carrier rules, and upstream provider requirements. Brand and campaign registration, consent capture and retention, opt-out honoring, prohibited-content rules, and quiet-hour restrictions all apply with full force during the beta.

9. No emergency or critical-alert use

The Service is not designed or intended for, and you may not use the Service during the beta in connection with, emergency services, 911 communications, life-safety alerts, medical-emergency communications, critical infrastructure operations, or any other situation where the failure, delay, filtering, or non-delivery of a message could result in death, personal injury, environmental harm, property damage, or other serious harm. You assume all risk of using the Service for any communication where timely delivery matters.

10. Suspension and termination during beta

We may suspend, throttle, restrict, or terminate your access to the Service at any time during the beta, with or without notice and with or without cause. You may stop using the Service at any time. On termination of your beta access, the surviving provisions of the Terms of Service (including warranty disclaimers, limitations of liability, indemnity, and dispute resolution) and Sections 3, 4, 5, 6, 7, and 12 of these Beta Terms survive.

11. Pricing during and after beta

Pricing displayed during the beta is provisional and may change before general availability. Features made available during the beta may become paid, restricted to higher-tier plans, removed, or replaced at general availability. We will provide reasonable advance notice of pricing or plan changes to the billing contact on file by email or in-dashboard notice, except where a change is required by law, carrier directive, or to address a security or compliance issue.

12. Changes to these Beta Terms

We may update these Beta Terms from time to time by posting an updated version at this page and updating the “Last updated” date and version. Material changes will be communicated to the billing contact on file by email. Your continued use of the Service after a change becomes effective constitutes acceptance of the updated Beta Terms. Changes required by law, carrier directive, or to address a security or compliance issue may take effect immediately.

13. Relationship to the Terms of Service

These Beta Terms are incorporated into and form part of the Terms of Service. Capitalized terms used but not defined here have the meanings given in the Terms of Service. The order of precedence is: a signed Order Form, then a signed addendum, then these Beta Terms, then the Terms of Service, then the other policies incorporated by reference in the Terms of Service.

14. Contact

For questions about these Beta Terms, contact legal@agentmessage.io.