Terms of Use
Version 1.1 Last revised on: October 5, 2026
The website located at furcata.com (the "Site") is a copyrighted work belonging to Furcata, Inc ("Company", "us", "our", and "we"). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.
These Terms of Use ("Terms") set forth the legally binding terms and conditions that govern your use of the Site and the messaging services made available through it (together, the "Services"). By accessing or using the Services, you are accepting these Terms and you represent and warrant that you have the right, authority, and capacity to enter into these Terms. If you do not agree with all of the provisions of these Terms, do not access and/or use the Services.
I. Accounts
- Account Creation. In order to use certain features of the Services, you must register for an account ("Account") and provide certain information about yourself as prompted by the registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; and (c) you are at least 18 years of age. You may delete your Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Account in accordance with Section VIII.
- Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use, of your Account or any other breach of security. Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
- Business Use. If you use the Services on behalf of an organization, you represent and warrant that you are authorized to bind that organization to these Terms, and "you" includes both you and that organization.
II. Access to the Services
- License. Subject to these Terms, Company grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Services solely for your own internal business purposes.
- Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Services; (c) you shall not access the Services in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Any future release, update, or other addition to functionality of the Services shall be subject to these Terms.
- Modification. Company reserves the right, at any time, to modify, suspend, or discontinue the Services (in whole or in part) with or without notice to you. You agree that Company will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Services or any part thereof.
- No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Services, except as expressly set out in the Service Level Agreement or a separate written agreement.
- Ownership. Excluding any User Content that you may provide, you acknowledge that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Services and its content are owned by Company or Company's suppliers. Neither these Terms nor your access to the Services transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section II.1. Company and its suppliers reserve all rights not granted in these Terms.
- Feedback. If you provide Company with any feedback or suggestions regarding the Services ("Feedback"), you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.
III. Messaging Services and Customer Responsibilities
- Customer-Directed Messaging. The Services enable you to send messages, including SMS, MMS, WhatsApp, and voice communications, to your own contacts and recipients ("Recipients"). You are the sender of all messages you transmit through the Services. Company acts solely as a technology platform and does not initiate, author, select the recipients of, or determine the content of your messages.
- Consent and Opt-In. You represent, warrant, and covenant that you have obtained, and will maintain, all consents and permissions required by applicable law before sending any message to any Recipient. This includes, without limitation, prior express written consent where required under the Telephone Consumer Protection Act (TCPA) and its implementing regulations, express consent under Canada's Anti-Spam Legislation (CASL), and any consent required under the laws of the jurisdictions in which you and your Recipients are located. You must be able to demonstrate such consent upon request.
- Opt-Out and Help. You must honor all opt-out requests promptly, including standard keywords such as STOP, UNSUBSCRIBE, CANCEL, END, and QUIT, and must provide a functioning help mechanism such as HELP. You must not send further messages to a Recipient who has opted out, except as permitted by applicable law.
- Compliance with Laws and Industry Rules. You are solely responsible for compliance with all applicable laws, regulations, and industry requirements relating to your messaging, including the TCPA, the CAN-SPAM Act, CASL, the GDPR and ePrivacy rules where applicable, the CTIA Messaging Principles and Best Practices, and all applicable carrier, aggregator, and registry requirements, including campaign registration and verification regimes such as 10DLC, toll-free, and short code registration. You are responsible for all fees, fines, penalties, and assessments arising from your messaging.
- Prohibited Content and Conduct. You must comply with our Acceptable Use Policy and our Messaging Policy. Without limiting those policies, you must not use the Services to send or facilitate: content that is unlawful, harassing, defamatory, or obscene; content relating to sex, hate, alcohol, firearms, or tobacco (SHAFT) where prohibited by law or carrier rules; phishing, spoofing, fraud, or deceptive practices; unsolicited bulk messages; or any content that infringes the rights of others.
- Sender Identification. You must accurately identify yourself in your messages and must not misrepresent or obscure your identity, or use the Services to transmit misleading sender information or to evade spam or anti-fraud controls.
IV. Fees and Payment
- Payment. You agree to pay all fees and charges associated with your Account and your use of the Services in accordance with the pricing and payment terms presented to you at the time of purchase or as otherwise agreed in writing. Unless stated otherwise, all fees are quoted and payable in U.S. dollars and are exclusive of taxes.
- Taxes. You are responsible for all sales, use, value-added, withholding, and similar taxes, duties, and governmental charges arising from your use of the Services, other than taxes based on our net income.
- Prepaid Credits and Usage Charges. Certain Services are billed on a usage basis and may require prepaid credits. Usage charges are incurred as messages, calls, and other billable events are processed, including events that are attempted but not delivered where a carrier or channel provider charges for the attempt.
- Late Payment and Suspension. If any amount is not paid when due, we may suspend or terminate your access to the Services, and you remain responsible for all amounts owed. We may also charge interest on overdue amounts to the extent permitted by law.
- Price Changes. We may change our fees and pricing at any time. We will provide notice of fee changes as required by applicable law or as described in our Billing, Credits, and Refunds Policy.
- Refunds. Except as required by law or as expressly stated in our Billing, Credits, and Refunds Policy, all fees and prepaid credits are non-refundable.
V. Third-Party Services and Links
- Third-Party Services. The Services may interoperate with, or link to, products and services provided by third parties, including messaging channels, e-commerce platforms, automation platforms, and other integrations. We do not control, and are not responsible for, any third-party service, its availability, its content, or its practices.
- Channel and Network Providers. Messages and calls you send through the Services are transmitted over networks and channels operated by third parties. Your use of those channels is subject to the terms, policies, and requirements of the applicable providers, and you are responsible for complying with them. Providers may filter, block, delay, reject, or alter messages and calls, and may impose their own content, consent, and registration requirements.
- Third-Party Content. The Services may display or make available content, data, or materials from third parties. We are not responsible for third-party content, and any dealings you have with third parties are solely between you and that third party.
- No Endorsement. Links to third-party websites or services do not imply our endorsement of them. You access third-party services at your own risk and subject to their terms.
VI. Disclaimer of Warranties
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY MESSAGE OR CALL WILL BE DELIVERED, DELIVERED ON TIME, DELIVERED WITHOUT ALTERATION, OR DELIVERED AT ALL.
- No Guarantee of Delivery or Results. Carriers, channel providers, and other intermediaries may filter, block, delay, reject, or alter messages and calls, and may change their requirements at any time. We do not guarantee delivery, deliverability, throughput, response rates, or any particular commercial result. Any service availability commitment we make is set out in our Service Level Agreement and is subject to the exclusions stated there.
- No Legal or Compliance Advice. We provide technology services only. We do not provide legal, regulatory, or compliance advice, and nothing in the Services or in our policies constitutes legal advice. You are solely responsible for determining and satisfying the legal requirements that apply to your messaging and calling activities.
- Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
VII. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY AND ITS SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Cap on Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS AND THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS YOU PAID TO COMPANY FOR THE SERVICES IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100).
- Customer Content and Customer Conduct. We are not liable for any content, message, call, or communication sent, caused to be sent, or authorized by you or on your behalf, or for any act or omission of you, your personnel, or any third party, including any claim arising from your failure to obtain or maintain the consents and permissions required for your messaging and calling activities.
- Basis of the Bargain. The limitations and exclusions in this Section apply even if any limited remedy fails of its essential purpose, and they form an essential basis of the bargain between you and Company.
- Some jurisdictions do not allow the limitation or exclusion of liability for certain damages, so some of the above limitations may not apply to you. Nothing in these Terms limits any liability that cannot be limited under applicable law.
VIII. Term and Termination
- Term. These Terms remain in full force and effect while you use the Services, unless earlier terminated as provided below.
- Termination by You. You may terminate these Terms at any time by closing your Account and ceasing all use of the Services, in accordance with the instructions on the Site.
- Termination or Suspension by Company. We may suspend, restrict, or terminate your Account and your access to the Services, in whole or in part, at any time, with or without notice, if: (a) we believe you have violated these Terms, our Acceptable Use Policy, our Messaging Policy, or any other applicable policy; (b) we believe your use of the Services creates risk or potential legal exposure for us, our providers, or any third party; (c) we are required or requested to do so by law, a regulator, a carrier, a channel provider, or a network operator; or (d) your Account is inactive or delinquent. We may also remove or refuse to transmit any content that we believe violates these Terms or applicable law.
- Effect of Termination. Upon termination, your right to access and use the Services will immediately cease, and we may delete or deactivate your Account and Customer Content in accordance with our Data Retention and Deletion Policy. You remain responsible for all fees incurred before termination, and prepaid credits are non-refundable except as required by law or as stated in our Billing, Credits, and Refunds Policy.
- Survival. The following provisions survive termination: Fees and Payment, Third-Party Services and Links, Disclaimer of Warranties, Limitation of Liability, Indemnification, Copyright and Intellectual Property Complaints, and General.
IX. Indemnification
You agree to indemnify, defend, and hold harmless Company, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors (the "Company Parties") from and against any and all claims, actions, demands, liabilities, damages, losses, judgments, settlements, fines, penalties, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or relating to: (a) your access to or use of the Services; (b) any message, call, or other communication that you send, cause to be sent, or authorize through the Services, including any claim that your communications, your consent and opt-in practices, or your opt-out handling violate the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, Canada's Anti-Spam Legislation (CASL), the GDPR, the ePrivacy Directive, CTIA guidelines, carrier or channel provider requirements, or any other law, regulation, or industry rule; (c) your Customer Content; (d) your breach of these Terms or of any policy incorporated into them; (e) your violation of any third-party right, including intellectual property, privacy, or publicity rights; or (f) your negligence or willful misconduct.
We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of such claims. You may not settle any such claim without our prior written consent. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.
X. Copyright and Intellectual Property Complaints
Company respects the intellectual property of others and asks that users of our Services do the same. In connection with our Services, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination, in appropriate circumstances, of users of our Services who are repeat infringers of intellectual property rights, including copyrights. If you believe that one of our users is, through the use of our Services, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:
- Your physical or electronic signature;
- Identification of the copyrighted work(s) that you claim to have been infringed;
- Identification of the material on our services that you claim is infringing and that you request us to remove;
- Sufficient information to permit us to locate such material;
- Your address, telephone number, and e-mail address;
- A statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.
Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact (falsities) in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney's fees incurred by us in connection with the written notification and allegation of copyright infringement. Our full Copyright and DMCA Policy provides additional detail.
XI. General
- Changes. These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site. You are responsible for providing us with your most current e-mail address. Any changes to these Terms will be effective upon the earlier of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Services. Continued use of our Services following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
- Dispute Resolution. Please read the following arbitration agreement in this Section (the "Arbitration Agreement") carefully. It requires you to arbitrate disputes with Company and limits the manner in which you can seek relief from us. You agree that any dispute or claim relating in any way to your use of the Services, or to any products or services sold or distributed by Company, will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this Agreement. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to our registered agent. The arbitration will be conducted by JAMS under its rules, and judgment on the award may be entered in any court having jurisdiction. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. You may opt out of this Arbitration Agreement by sending written notice within thirty (30) days of first accepting these Terms.
- Disclosures. Company is located in the State of Delaware, United States. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs.
- Electronic Communications. The communications between you and Company use electronic means, whether you use the Services or send us emails, or whether Company posts notices on the Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing.
- Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Services. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Company may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
- Copyright/Trademark Information. Copyright © 2026 Furcata, Inc. All rights reserved. All trademarks, logos and service marks displayed on the Services are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
- Additional Policies. Your use of the Services is also governed by our Privacy Policy, Acceptable Use Policy, Messaging Policy, Mobile Terms, Artificial Intelligence Terms, Data Processing Addendum, Cookie Policy, Data Retention and Deletion Policy, Billing, Credits, and Refunds Policy, Export Control and Sanctions Policy, Abuse Reporting Policy, and Service Level Agreement.
- Contact Information:
If you have any questions about these Terms, you can contact us:
- By email at support@furcata.com
- Through our Abuse Reporting Policy for messaging-related complaints