Terms of Service

Last Updated: October 2, 2025

These Terms of Service (“Terms”) are a binding agreement between GHL Plugins, LLC (“GHL Plugins,” “we,” “us,” or “our”) and the individual or entity that accepts these Terms (“you”). They govern your access to and use of our websites, products, software, integrations, APIs, communications features (email/SMS/voice), and related services (collectively, the “Platform”).

By creating an account, clicking “I agree,” or using the Platform, you accept these Terms and our Privacy Policy(incorporated by reference). If you do not agree, do not use the Platform.

We may update these Terms from time to time. When we do, we will post a new “Last Updated” date. Your continued use constitutes acceptance.

Important: These Terms include a binding arbitration clause and class action waiver (Section 13), limitations of liability (Section 8), disclaimers (Section 7), and auto-renewal and billing terms (Section 4).

1) Eligibility; Accounts; Authorized Use

1.1. Age & Business Use

You must be 18 years or older to use the Platform. The Platform is for business use (including use in a trade or profession). If you accept on behalf of an entity, you represent you are authorized to bind that entity; that entity is the Account Owner.

1.2. Account Security

Keep your login credentials confidential. You are responsible for all activity under your account. Notify us promptly of any unauthorized access. Accounts are non-transferable.

1.3. Lawful Use; Your Responsibilities

You and anyone under your account will:

use the Platform only as permitted by these Terms and all applicable laws (including TCPA, CAN-SPAM, state “mini-TCPA” laws such as Texas TBCC/SB140, telemarketing registration rules, CTIA carrier guidelines, data-protection and consumer-protection laws);

maintain all consents, licenses, registrations, and disclosures required for your communications and business;

provide content and data you own or control that does not infringe others’ rights;

promptly honor opt-out requests (e.g., “STOP” for SMS) and maintain accurate consent records.

1.4. Healthcare / HIPAA

We are not HIPAA compliant and do not act as your Business Associate. Do not upload, store, or process Protected Health Information (PHI) on the Platform. We do not offer a BAA.

2) Communications Features (SMS/MMS/Email/Voice)

2.1. You Send; We Provide Tools

We provide tools; you (not GHL Plugins) originate all messages and calls. You must:

obtain express consent appropriate for the channel and use (e.g., prior express written consent under TCPA for marketing texts to cell phones via automated means);

include required disclosures and opt-outs (e.g., “Reply STOP to unsubscribe. Msg & data rates may apply. Message frequency may vary. Consent not required for purchase.”);

send only within permitted hours and in accordance with national/state DNC rules, ADAD restrictions, carrier/CTIA guidelines, and content standards;

promptly process opt-outs and keep consent/opt-out records.

2.2. Texas-Specific Note (TBCC/SB140)

If you market into Texas or operate from Texas, you are solely responsible for determining whether you must register as a telemarketer under TBCC §302.101 (or qualify for an exemption) and for compliance with SB140 (effective Sept. 1, 2025), which expands liability (including private DTPA actions). You agree to indemnify us for claims arising from your Texas activities (see Section 8).

3) Third-Party Services; Numbers & Sender IDs

Some features rely on third-party providers (e.g., carriers, SMS gateways, email delivery, payment processors, analytics). We don’t control third-party uptime, deliverability, or policies. Your use of third-party services may be governed by their terms.

Phone numbers, short codes, long codes, toll-free numbers, email sender addresses, and sender IDs are typically provisioned through third parties and may be reassigned if your account is paused, terminated, or unpaid. We may release numbers after reasonable notice or cost considerations.

4) Fees, Billing, Taxes, & Auto-Renewal

4.1. Fees & Surcharges

You agree to pay all subscription fees, usage fees, and communication surcharges (carrier and pass-through fees). Fees are billed in advance; usage/surcharges may be billed in arrears. All fees are non-refundable unless required by law.

4.2. Auto-Renewal

Subscriptions auto-renew for the applicable term unless canceled per Section 12. You authorize us to charge your payment method on file.

4.3. Changes; Overdue Amounts

We may change pricing with notice. Overdue amounts may lead to suspension or termination and may incur collection costs and reasonable attorneys’ fees.

4.4. Taxes

You’re responsible for all applicable taxes. We may calculate/collect taxes as required.

5) Intellectual Property & Your Content

5.1. Our IP

The Platform (and all associated content, software, and trademarks) is owned by us or our licensors. We grant you a limited, revocable, non-exclusive, non-transferable license to use the Platform during your subscription. No other rights are granted.

5.2. Your Content

You retain ownership of your content. You grant us a worldwide, non-exclusive, royalty-free license to host, process, transmit, display, modify (solely for technical rendering), and otherwise use your content to operate, secure, and improve the Platform and our services.

5.3. Feedback

If you give us ideas or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or compensation.

5.4. DMCA

We honor DMCA notices. Send notices to:
DMCA Agent: GHL Plugins, LLC – Attn: Copyright Agent
Address: 1238 S Rosemoor, Nixa, MO 65714
Email: [email protected]
(Include all elements required by 17 U.S.C. §512(c)(3).)

6) Prohibited Uses

You will not: break laws; harass, defraud, or exploit others; infringe IP/privacy rights; send illegal/spam/abusive content; interfere with or overload the Platform; attempt unauthorized access; or introduce malware. We may suspend or terminate for violations.

7) Disclaimers (Platform “AS IS”)

The Platform is provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by law, we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, non-infringement, uptime, deliverability, or error-free/secure operation. You acknowledge telecom/Internet ecosystems are inherently variable, and deliverability, carrier filtering, and third-party outages are outside our control.

8) Limitation of Liability; Indemnification

8.1. Liability Cap

Our total liability for any claim arising out of or relating to these Terms or the Platform is limited to the fees you paid to us in the three (3) months preceding the event giving rise to the claim.

8.2. Exclusion of Damages

We will not be liable for indirect, incidental, special, punitive, or consequential damages, lost profits, lost data, business interruption, telecom/carrier failures, or third-party acts/omissions, even if advised of the possibility.

8.3. Your Indemnity

You agree to defend, indemnify, and hold harmless GHL Plugins and our officers, directors, employees, and agents from any claims, damages, fines, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to:
(a) your content or communications;
(b) your (or your users’) violation of laws (including TCPA, CAN-SPAM, TBCC/SB140, DNC, ADAD, CTIA), third-party terms, or these Terms;
(c) your failure to register or comply with state telemarketing rules;
(d) disputes with your customers;
(e) taxes related to your transactions; or
(f) alleged infringement resulting from your content or configurations.

9) Changes; Beta/AI Features; Updates

We may modify or discontinue features at any time. Some features may be beta or AI-assisted; you use them at your own risk and must validate outputs. We may push updates that change behavior or require configuration changes.

10) Confidentiality & Data Protection

Each party may access the other’s Confidential Information; it will be protected with reasonable safeguards and used only to perform under these Terms. If you process personal data, you agree to comply with applicable privacy laws and our Privacy Policy. If a DPA is required, it will form part of these Terms when executed.

11) International Use; Export; Sanctions

You will comply with export controls, sanctions, and anti-corruption laws. The Platform is not available to users in embargoed countries or on restricted lists.

12) Term; Suspension; Termination; Cancellation

These Terms continue until terminated. We may suspend or terminate immediately for any breach, risk, non-payment, suspected fraud, unlawful activity, or to comply with law. On termination, your right to use the Platform ceases. Sections intended to survive (including 2, 4–8, 10–14) survive.

Your cancellation: To avoid next renewal, cancel in your dashboard or by written notice to [email protected] least 30 days before your next billing date (unless a signed order states otherwise). Fees already paid are non-refundable.

13) Governing Law; Arbitration; Class Waiver

These Terms are governed by the laws of the State of Texas (without regard to conflicts of laws). Any dispute will be resolved by binding arbitration administered by the AAA under its Commercial Rules in Springfield, Missouri before a single arbitrator. The Federal Arbitration Act governs interpretation/enforcement of this clause. No class actions or consolidated proceedings. Either party may seek injunctive relief in court to protect IP or confidential information.

14) Miscellaneous

Assignment. You may not assign without our prior written consent; we may assign.

Severability; Waiver. If a provision is unenforceable, the remainder stays effective. No waiver is ongoing unless in writing.

Notices. We may notify you by email or in-app. You will send legal notices to [email protected](subject: “Legal Notice”).

Entire Agreement; Order of Precedence. These Terms, the Privacy Policy, any DPA, and any signed order are the entire agreement. If there’s a conflict, a signed order or DPA (as applicable) controls, then these Terms, then the Privacy Policy.

Limitation Period. Any claim must be brought within three (3) months of the event giving rise to the claim.

Force Majeure. We’re not liable for delays or failures caused by events beyond our reasonable control.

15) Contact

GHL Plugins, LLC
Email: [email protected]
Mail: 1238 S Rosemoor, Nixa, MO 65714

Definitions (summary)

Account Owner: the person/entity that accepted these Terms.

Communication Surcharges: pass-through carrier/telecom fees.

Content: data, text, media you upload/send.

Platform: our websites, software, integrations, APIs, communications features, and services.

Third-Party Services: services we integrate or rely on (carriers, gateways, processors, etc.).