The terms for using AgentMessage.

1. Acceptance and entity

By creating an account, clicking to accept these Terms, executing an Order Form, or using the Service, you agree to these Terms on behalf of yourself or the organization you represent. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization, and references to “you” mean both you personally and the organization.

AgentMessage is the product and service name of Y3 Labs LLC. All contractual obligations are obligations of Y3 Labs LLC unless otherwise stated in a signed agreement. Y3 Labs LLC is a South Carolina limited liability company.

The following documents are incorporated by reference and form part of the agreement between us: the Privacy Policy; the Messaging Policy; the Carrier Compliance Notice; the Acceptable Use Policy; the Subprocessors list; and any order form, plan description, or written agreement executed between you and us (each, an “Order Form”). In the event of conflict, the order of precedence is: a signed Order Form, then a signed addendum, then these Terms, then the policies listed above.

Our Data Processing Addendum (“DPA”) is available on request and applies only when separately executed by the parties or made available by us and accepted through an approved process. The DPA is not automatically incorporated into these Terms for self-serve or Personal-tier accounts. If you require processor-level data-protection commitments, contact legal@agentmessage.io before signing up.

2. Eligibility and account categories

The Service is offered in two account categories: Personal-tier and Commercial-tier. Personal-tier accounts may be used only by individuals for personal, non-commercial messaging. Commercial-tier accounts may be used by businesses and professional users.

Personal-tier restrictions. You may not use a Personal-tier account for business, marketing, lead generation, customer support, sales, recruiting, political, fundraising, debt collection, regulated-industry, or other commercial purposes. Personal-tier accounts are not intended for application-to-person (A2P) commercial messaging, automated marketing, or business messaging campaigns. We may require upgrade, identity verification, brand and campaign registration, throughput restriction, or termination if we determine, in our reasonable good-faith judgment, that a Personal-tier account is being used for commercial or high-risk messaging.

You may not use the Service if you are under 18 years old. You may not use the Service on behalf of a school, educational institution, healthcare provider, political campaign, political committee, or other prohibited category unless we approve the use in writing. The categories of use that are prohibited or restricted are described in the Messaging Policy.

The Service is currently offered to customers located in the United States and intended for messaging to United States mobile numbers (+1 country code). We do not currently support customers outside the United States or messaging to non-United States numbers. If you sign up from outside the United States, the Service may not function as expected and we may decline or terminate your account.

3. Account registration and responsibility

To use the Service you must register an account through our authentication provider. You agree to provide accurate information, keep it current, and safeguard credentials issued to your account. Each AgentMessage account is associated with one organization. Personal-tier accounts are single-user accounts and may not be shared, resold, used by an organization, or used to send messages on behalf of any business, client, customer, employer, brand, campaign, or third party. Commercial-tier accounts may have multiple members with different roles.

Account-level controls for Personal tier. Personal-tier accounts may be subject to stricter limits than Commercial accounts, including contact caps, daily outbound limits, inbound-to-outbound ratio limits, manual review, and suspension or upgrade requirements for traffic patterns that resemble commercial messaging.

You are responsible for all activity under your account, including activity by your employees, contractors, agents, AI systems, applications, integrations, API keys, and any third party acting on your behalf. You are responsible for reviewing, configuring, supervising, and controlling any AI agents, automations, or software systems that send, generate, trigger, approve, or route messages through the Service. You may not use an AI agent to evade consent requirements, opt-out requests, rate limits, quiet hours, prohibited-content rules, or enforcement controls.

4. Campaign Service Provider role

Y3 Labs LLC acts as a Campaign Service Provider in connection with certain 10DLC registration and messaging workflows. As part of this role, AgentMessage may assist with brand registration, campaign registration, number provisioning, carrier coordination, compliance review, and related workflows.

You are responsible for the truthfulness, accuracy, completeness, and ongoing validity of all brand, campaign, use-case, consent, message-sample, website, privacy policy, terms-of-service, and business information submitted through or in connection with the Service. We may help prepare, review, edit, format, or submit registration materials based on information you provide. Our assistance does not relieve you of responsibility for the accuracy, legality, completeness, or compliance of the submitted information.

We do not guarantee approval, throughput, deliverability, registration outcome, campaign score, number availability, carrier acceptance, or uninterrupted routing. The Campaign Registry, carriers, aggregators, upstream providers, and other third parties may reject, suspend, filter, throttle, delay, or block brands, campaigns, numbers, or messages.

Disclosures to carriers, registries, providers, and regulators. We may disclose registration materials, brand and campaign information, sample messages, traffic data, consent evidence, complaint information, opt-out records, suppression records, and account information to carriers, mobile network operators, registries (including The Campaign Registry), aggregators, upstream providers, regulators, and law enforcement as needed to register your brand and campaigns, route and deliver messages, comply with carrier rules and applicable law, respond to complaints and inquiries, defend against fraud or abuse, and cooperate with lawful requests. You authorize these disclosures by using the Service.

5. Messaging compliance and acceptable use

You will use the Service only in accordance with these Terms, the Messaging Policy, the Carrier Compliance Notice, the Acceptable Use Policy, all applicable law (including the Telephone Consumer Protection Act, the CAN-SPAM Act, and state telecom statutes), and the rules of carriers, registries, and upstream providers. You will not bypass, attempt to bypass, or disable any rate limit, content filter, throughput tier, consent gate, or other technical control we apply to the Service. The customer-responsibility and prohibited / restricted-content provisions of the Messaging Policy are part of these Terms.

Consent records. You must obtain and maintain accurate, timestamped, source-level consent records for every recipient you message, including the source URL or capture surface, the consent language shown to the recipient, the timestamp, the IP address, the user agent or other source signals, and any subsequent opt-out or re-subscribe events. You will provide these records to us promptly upon our request, including in response to a carrier, registry, aggregator, regulator, or law-enforcement inquiry. Failure to produce consent evidence on request is a basis for suspension under Section 12.

Honoring opt-outs through any reasonable means.You will honor opt-out requests received through any reasonable channel (including SMS reply, email reply, dashboard request, customer-support contact, written request, telephone call, or other channel where the recipient's intent is clear), not only the SMS keyword set automatically detected by the Service. This obligation reflects the FCC's February 2024 amendments to TCPA implementing rules and their April 2025 compliance date for revocation by any reasonable means. Once you receive an opt-out through any channel, you must promptly record the opt-out in the Service (or, where the Service's automated detection has already recorded it, refrain from attempting to re-message the recipient).

Restricted and prohibited data.You may not submit, transmit, store, or include in any message protected health information (PHI) or any other data subject to the Health Insurance Portability and Accountability Act (HIPAA), payment card data subject to PCI DSS (other than tokenized references where supported), financial account credentials, government-issued identification numbers, biometric identifiers, children's personal information, or other categories of sensitive personal data subject to heightened legal protection, unless we have expressly authorized that use in a signed written agreement (such as a Business Associate Agreement for HIPAA). AgentMessage does not currently sign Business Associate Agreements and does not currently support HIPAA-covered messaging.

6. Customer Data

“Customer Data” means the content, message bodies, media, recipient phone numbers, consent records, business identity information, and other data you submit to the Service or that the Service generates on your behalf. As between you and us, you own Customer Data. You grant AgentMessage a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, and otherwise use Customer Data as necessary to provide, secure, monitor, support, and operate the Service; prevent abuse; comply with law, carrier rules, and provider requirements; enforce these Terms; and fulfill your instructions. This license does not extend to using message bodies or recipient phone numbers to improve the Service for other customers, except through the aggregated, de-identified use described below.

Service Provider / Processor role.For purposes of the California Consumer Privacy Act (as amended by the California Privacy Rights Act), the Virginia Consumer Data Protection Act, the Colorado Privacy Act, and analogous state privacy laws, AgentMessage acts as a “service provider” or “processor” with respect to Customer Data, processing such data only on documented instructions from you and as required to provide the Service. For purposes of the General Data Protection Regulation and analogous laws outside the United States, AgentMessage acts as a “processor” with respect to Customer Data. The Data Processing Addendum sets out additional terms governing this relationship, including for customers who require a signed DPA.

Aggregated, de-identified data. We may collect and 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 use of Customer Data to train 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. AI providers we use for compliance and abuse review are configured to minimize retention and disable training to the extent supported by the applicable provider, product, and tier. If you expressly authorize training use in a signed written agreement, the terms of that agreement control.

You represent and warrant that (a) you have all rights and consents necessary to provide Customer Data to us and to send the messages you send through the Service, including consent from each recipient as required by law and the Messaging Policy, and (b) Customer Data and your use of the Service comply with all applicable law.

7. Fees, billing, and taxes

You agree to pay all subscription fees, usage fees, number fees, registration fees, vetting fees, carrier fees, surcharge fees, pass-through fees, taxes, and other amounts described at checkout, in an Order Form, or in the Service.

Unless otherwise stated, carrier fees, registration fees, vetting fees, and similar third-party pass-through fees are passed through at cost. AgentMessage may charge separate platform, subscription, usage, number, or service fees as published on the pricing page or in your Order Form.

Recurring billing. You authorize Y3 Labs LLC to charge your payment method for recurring subscription fees, usage fees, carrier fees, number fees, registration fees, vetting fees, taxes, prepaid balance replenishments, and other charges associated with your selected plan and use of the Service until canceled. We bill subscriptions in advance on a recurring basis and usage-based charges in arrears or by deduction from a prepaid wallet, as described per feature.

Failed payments. Failed payments may result in suspension after reasonable notice. You remain responsible for amounts owed.

Pricing changes.We may change pricing for self-service plans on at least 30 days' notice via email and the dashboard. Pricing changes take effect at the start of the next billing period after the notice period elapses. For Order Forms, pricing is fixed for the Order term. Carrier and registry pass-through rates change outside our control; we update those rates when our upstream rates change and provide reasonable notice where practicable.

Cancellation. You may cancel your subscription from your account settings or by contacting support. Cancellation stops future subscription renewals but does not relieve you of responsibility for fees already incurred.

Taxes. Fees are exclusive of taxes unless stated otherwise. You are responsible for all applicable taxes, duties, levies, and governmental assessments, excluding taxes based on our net income.

8. Prepaid balances and wallets

Certain plans may require prepaid credits, account balances, wallet funding, auto-recharge, or minimum balances. Prepaid balances may be used only for eligible Service fees and are not cash accounts, bank deposits, stored-value accounts, or payment instruments. Unless required by law or expressly stated in an Order Form, prepaid balances are non-refundable and non-transferable.

Minimum balance and suspension. We may suspend, pause, throttle, or reject message sending if your prepaid balance falls below the applicable minimum balance threshold. Minimum balance thresholds may vary by plan, account risk, message volume, number type, campaign type, or other operational factors.

Negative balance. Because carrier fees, usage records, surcharges, registration charges, failed-message charges, chargebacks, taxes, and other third-party fees may be delayed, your account may incur charges after messages are sent or after your account balance reaches zero. You remain responsible for all fees incurred through your account. If your account balance becomes negative, you authorize us to charge your payment method or invoice you for the negative balance.

9. Refunds

Except as required by law or expressly stated in an Order Form, all fees are non-refundable, including subscription fees, setup fees, number fees, registration fees, vetting fees, prepaid balances, and usage fees.

10. Support

Support response times, support channels, priority support, dedicated Slack channels, and similar support descriptions are support targets only and are not service-level commitments, warranties, or remedies unless expressly stated in a signed Order Form. A dedicated Slack channel means access to a shared technical support channel for the applicable customer account. It does not guarantee full-time dedicated personnel, immediate response, custom development, or engineering work unless expressly stated in a signed Order Form.

11. Service levels

The Service is provided without any uptime, deliverability, throughput, response-time, or support service level agreement (SLA) unless expressly stated in a signed Order Form. We do not guarantee that any message will be delivered, accepted, displayed, or delivered at any particular time. Messages may be delayed, blocked, filtered, rejected, or failed by carriers, recipients, devices, operating systems, upstream providers, or other third parties.

No emergency, life-safety, or critical-alert use. The Service is not designed or intended for, and you may not use the Service 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. SMS and MMS are best-effort channels delivered over third-party carriers and are unsuitable for critical alerting. You assume all risk of using the Service for any communication where timely delivery matters.

12. Suspension and enforcement

We may suspend, throttle, block, reject, filter, disable, or terminate access to the Service, numbers, campaigns, messages, integrations, or accounts if we believe that: (a) your use violates these Terms, the Messaging Policy, carrier rules, law, or third-party requirements; (b) your use may harm recipients, carriers, our providers, our systems, our reputation, or other customers; (c) your account presents fraud, abuse, security, payment, or compliance risk; (d) a carrier, The Campaign Registry, upstream provider, regulator, or other authority requires or requests action; or (e) continued service may expose us to legal, financial, operational, or reputational risk.

We may use automated and manual controls to detect, prevent, limit, or respond to suspected violations, including opt-out suppression, HELP and STOP handling, daily outbound limits, contact caps, ratio limits, quiet-hour controls, prohibited-content detection, repeated-message detection, complaint monitoring, high-risk keyword review, campaign mismatch detection, account review, throttling, blocking, suspension, or termination. Failure of AgentMessage to detect, block, or suspend any message, campaign, number, or account does not mean that the activity is compliant.

13. Term and termination

These Terms apply from the date you first accept them and continue until terminated. You may terminate your account at any time through the dashboard or by contacting us. We may terminate these Terms (a) at any time on 30 days' written notice, (b) immediately upon a material breach by you that is not cured within 15 days after notice, or (c) immediately if continuing to provide the Service to you would, in our reasonable good-faith judgment, expose us to material legal, regulatory, or carrier liability.

On termination: (i) your right to access the Service ends; (ii) we may delete Customer Data after a reasonable wind-down period described in the Privacy Policy and the Data Processing Addendum; (iii) any fees that have accrued before termination remain due; (iv) prepaid balances are forfeited except as required by law; and (v) the sections of these Terms that by their nature should survive termination (including ownership, confidentiality, warranty disclaimers, limitations of liability, indemnity, and dispute resolution) survive.

14. Intellectual property

We and our licensors own all right, title, and interest in and to the Service, including all software, documentation, designs, trademarks, and other intellectual property. These Terms do not grant you any rights in our intellectual property other than the limited license to use the Service in accordance with these Terms.

Feedback. If you provide us suggestions, comments, or other feedback about the Service, we may use them without obligation or restriction.

15. Confidentiality

Each party may have access to non-public information of the other (“Confidential Information”). Each party agrees to (a) use Confidential Information only to perform its obligations or exercise its rights under these Terms, (b) protect Confidential Information using a degree of care no less than the care it uses to protect its own confidential information of similar importance and in any case no less than a reasonable degree of care, and (c) not disclose Confidential Information except to its personnel and advisors with a need to know who are bound by confidentiality obligations no less protective than this section.

The obligations in this section survive termination for three years, except that obligations relating to (i) trade secrets, (ii) source code, (iii) cryptographic keys, API credentials, or other authentication secrets, (iv) security architecture and non-public security information, and (v) any other category of Confidential Information that retains trade-secret status under applicable law, survive for as long as the information remains non-public and protected as a trade secret under applicable law.

16. Warranty disclaimer

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. 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. WITHOUT LIMITING THE FOREGOING, AGENTMESSAGE DOES NOT WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, (B) DEFECTS WILL BE CORRECTED, OR (C) ANY MESSAGE WILL BE DELIVERED TO ANY PARTICULAR RECIPIENT OR WITHIN ANY PARTICULAR TIME. CARRIER AND REGULATORY FILTERING IS OUTSIDE OUR CONTROL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO PORTIONS OF THIS SECTION MAY NOT APPLY TO YOU.

17. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, PUNITIVE, OR ENHANCED DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, BUSINESS INTERRUPTION, GOODWILL, REPUTATIONAL HARM, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE, EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, AGENTMESSAGE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS PAID BY YOU TO AGENTMESSAGE FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY AND (B) ONE THOUSAND DOLLARS (US $1,000).

The limitations in this section apply notwithstanding any failure of essential purpose of any limited remedy. Some jurisdictions do not allow the exclusion or limitation of certain damages, so portions of this section may not apply to you.

18. Indemnification

Customer indemnity.You will defend, indemnify, and hold harmless AgentMessage, Y3 Labs LLC, our affiliates, officers, directors, employees, contractors, providers, and representatives from and against any claims, damages, losses, liabilities, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to: (a) your message content, products, services, campaigns, contacts, recipient relationships, or communications; (b) your failure to obtain, maintain, or prove valid consent; (c) your violation of law, carrier rules, The Campaign Registry requirements, CTIA guidelines, the TCPA, the CAN-SPAM Act, state telemarketing or texting laws, privacy laws, or industry rules; (d) inaccurate, incomplete, misleading, or outdated registration, brand, campaign, consent, website, or business information; (e) use of the Service by your employees, contractors, agents, AI systems, applications, or integrations; (f) recipient complaints, opt-out disputes, regulatory inquiries, carrier enforcement, or third-party claims caused by your use of the Service; or (g) your breach of these Terms or incorporated policies.

AgentMessage indemnity. Subject to the limitations in these Terms, AgentMessage will defend you against a third-party claim alleging that the unmodified Service, as provided by AgentMessage and used in accordance with these Terms, directly infringes a United States patent, copyright, or trademark, and will pay damages finally awarded by a court or agreed in a settlement we approve. AgentMessage has no obligation for claims arising from: Customer Data; message content; customer instructions; use in violation of law or these Terms; combinations with third-party products or services; modifications not made by AgentMessage; beta features; carrier or provider requirements; or your failure to use available updates or mitigations.

Procedure.The party seeking indemnification will promptly notify the indemnifying party of any claim, give the indemnifying party sole control of the defense and settlement (provided that no settlement may admit liability or impose non-monetary obligations on the indemnified party without consent), and provide reasonable cooperation at the indemnifying party's expense.

19. Beta features and future channels

We may make features available on a preview, alpha, beta, early-access, or similar basis (collectively, “Beta Features”), and we may add new channels (such as toll-free messaging, RCS, iMessage, or inbound voice) over time. Beta Features and future channels are provided strictly “as is” without any warranty, may be modified or discontinued at any time, may have separate terms in addition to these Terms, and may have separate registration, consent, routing, compliance, carrier, provider, pricing, and policy requirements. The limitations of liability in Section 17 apply in full to Beta Features and future channels. Beta Features and future channels are provided without warranty of any kind and without service-level commitments.

20. Changes to these Terms and incorporated policies

We may update these Terms and any incorporated policies (the Privacy Policy, the Messaging Policy, the Carrier Compliance Notice, the Acceptable Use Policy, the Subprocessors list, and any DPA that has been incorporated by separate execution) from time to time by posting updated versions on the relevant page and updating the “Last updated” date. Carrier and registry rules in particular change frequently; the Messaging Policy and Carrier Compliance Notice may be updated to reflect those changes on shorter notice than other documents. Material changes will be communicated to the billing contact on file by email. We aim to provide reasonable advance notice, but, while AgentMessage is in startup mode, we may apply changes with as little as 24 hours' notice. Changes required by law, carrier directive, or to address a security or compliance issue may take effect immediately. Your continued use of the Service after a change becomes effective constitutes acceptance of the updated Terms or policy.

21. Force majeure

Neither party is liable for any failure or delay in performance caused by circumstances beyond its reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, labor disputes, government action, internet or telecommunication failures, carrier outages, denial-of-service attacks, or third-party service disruptions. The affected party will use reasonable efforts to mitigate the effects.

22. General

Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

Notices. We may give notice to you by email to the address on file, by posting in the dashboard, or by another reasonable method. You may give notice to us at legal@agentmessage.io with a copy to our registered mailing address listed at the bottom of this page.

Assignment. You may not assign these Terms without our prior written consent, except in connection with a merger, reorganization, or sale of all or substantially all of your assets, in which case you may assign on prior written notice to us. We may assign these Terms without your consent in connection with any merger, reorganization, sale of assets, or to an affiliate. Any prohibited assignment is void.

Entire agreement; severability; waiver. These Terms (including the documents incorporated by reference) constitute the entire agreement between the parties about the Service and supersede all prior or contemporaneous agreements on that subject. If any provision is unenforceable, the remainder will remain in effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable. A waiver of any provision must be in writing to be effective.

Headings. Section headings are for convenience only and do not affect interpretation.

Export and sanctions compliance. You represent and warrant that you are not located in, organized under the laws of, or ordinarily resident in any country or territory subject to comprehensive U.S. sanctions, and that you are not on any U.S. government restricted-party list. You will not use the Service in violation of U.S. export control or sanctions laws, and you will not permit your end users or messaging recipients to do so.

Publicity.Neither party will use the other party's name, logo, or trademarks in marketing materials, customer lists, case studies, or press releases without the other party's prior written consent. Consent may be granted on a per-use or standing basis and may be revoked on reasonable notice.

23. Order Forms and clickwrap

For self-serve customers, the order is formed through online checkout, plan selection, account creation, and clickwrap acceptance of these Terms and the incorporated policies. For enterprise or custom customers, the parties may execute an Order Form. If an Order Form conflicts with these Terms, the Order Form controls only for that customer and only for the conflicting subject matter.

24. Dispute resolution; arbitration; class action waiver

All disputes arising out of or related to these Terms or the Service will be resolved by final and binding arbitration administered by JAMS under its Streamlined Arbitration Rules, or its Comprehensive Arbitration Rules if the amount in controversy exceeds $250,000. The seat of arbitration is Charleston, South Carolina, and the arbitration may be conducted by video conference at either party's election. The arbitration will be decided by one arbitrator, and the arbitrator decides arbitrability.

Carve-outs.The following matters are not subject to arbitration: (a) claims for injunctive relief related to intellectual property, confidentiality, or unauthorized access; (b) actions brought in small-claims court that remain within that court's jurisdiction; and (c) actions to confirm or enforce an arbitration award.

Class action waiver. Each party waives any right to bring or participate in a class action, collective action, mass action, or representative action. Disputes are resolved only on an individual basis. If the class action waiver is held unenforceable as to a particular claim, that claim severs from arbitration and proceeds in court, and the rest of this arbitration agreement remains in effect.

30-day opt-out. A new customer may opt out of this arbitration agreement by sending written notice to legal@agentmessage.io within 30 days of first accepting these Terms. Opting out preserves your right to bring claims in court but does not waive the class action waiver.

25. Governing law and venue

These Terms are governed by the laws of the State of South Carolina, without regard to conflict-of-law rules. For disputes that are not subject to arbitration under Section 24 (including the carve-outs and any matters that proceed in court following an opt-out or a severance), the parties consent to exclusive jurisdiction and venue in the state and federal courts located in South Carolina, and waive any objection to that forum based on inconvenience or otherwise.

26. Account and API security

The Acceptable Use Policy describes the full set of prohibited uses of the Service, the APIs, the dashboard, and AgentMessage infrastructure. Without limiting that policy, you agree that you will not, and will not permit any third party to:

• Share, transfer, sublicense, resell, or otherwise disclose API keys, webhook secrets, OAuth tokens, session cookies, or other credentials issued to your account, except as necessary internally to your organization in compliance with these Terms.
• Use credentials known or reasonably suspected to be compromised, or continue using a credential after you become aware of compromise without rotating it.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code, underlying ideas, or trade secrets of the Service, except to the extent applicable law expressly permits despite this restriction.
• Scrape, crawl, or bulk-extract content from AgentMessage properties, the dashboard, or the APIs beyond rate limits and quotas applicable to your plan.
• Probe, scan, security-test, fuzz, or load-test the Service or AgentMessage infrastructure without our prior written authorization. The coordinated disclosure process at /legal/security is the only authorized channel for security research.
• Interfere with the Service, including by denial-of-service traffic, deliberate exhaustion of shared resources, evasion of rate limits, or operations that materially degrade the Service for other customers.
• Introduce, transmit, host, or stage malware, ransomware, spyware, exploit kits, phishing infrastructure, or other harmful code through the Service.
• Resell, white-label, repackage, or proxy the Service or APIs to third parties as a substitute for those third parties having their own AgentMessage account, except as expressly authorized in writing by us.
• Create multiple accounts, organizations, or identities to evade rate limits, suspension, content rules, throughput tiers, fraud controls, or pricing structures.

27. Contact

For questions about these Terms, contact legal@agentmessage.io. For privacy questions, contact privacy@agentmessage.io. For abuse reports, contact abuse@agentmessage.io.