Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the MarketVolley platform and any related websites, applications, and APIs (collectively, the “Service”). By creating an account, sending a message through the Service, or otherwise using the Service, you (“Customer,” “you”) agree to be bound by these Terms. If you are agreeing on behalf of a company or other legal entity, you represent that you have authority to bind that entity to these Terms.

If you do not agree to these Terms, do not use the Service.

MarketVolley is a multi-channel marketing platform that lets Customers send SMS messages and email campaigns to recipients with whom the Customer has a valid, documented opt-in relationship. The Service includes sending infrastructure, audience management, campaign composition, analytics, integrations, and APIs.

We may add, remove, or modify features at any time. We will provide reasonable notice of material changes that meaningfully reduce functionality available on your plan.

• You must be at least 18 years old and able to form a legally binding contract.
• You are responsible for safeguarding your account credentials and for all activity that occurs under your account.
• You will provide accurate, current, and complete information during signup and keep it up to date.
• You will notify us promptly of any unauthorized use of your account.

You agree not to use the Service to:

• Send messages to recipients without valid prior express written consent, as required by applicable law.
• Send content that is illegal, fraudulent, deceptive, harassing, defamatory, obscene, or that infringes the rights of others.
• Send SHAFT-class content (sex, hate, alcohol, firearms, tobacco) over SMS without explicit carrier and MarketVolley pre-approval.
• Ignore opt-out requests. Replies of STOP, UNSUBSCRIBE, END, QUIT, or equivalents must immediately remove the recipient from the list. Email opt-outs must be honored within ten (10) business days, and ideally within 24 hours.
• Misrepresent the sender, the origin of the message, or any other material fact.
• Send malware, phishing attempts, or unsolicited bulk solicitations.
• Reverse engineer, decompile, or attempt to extract the source code of the Service.
• Probe, scan, or test the vulnerability of the Service except through our authorized security program.
• Resell, rent, sublicense, or repackage the Service without our prior written consent.

Violations of this section may result in immediate suspension or termination, in addition to any other remedies available to us.

You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including but not limited to:

• The Telephone Consumer Protection Act (TCPA) and FCC rules in the United States.
• The CAN-SPAM Act and FTC rules governing commercial email.
• CTIA Messaging Principles and Best Practices, including 10DLC and short-code registration requirements.
• The General Data Protection Regulation (GDPR) for processing of personal data of EU residents.
• The California Consumer Privacy Act (CCPA) and other state privacy laws.
• Canada’s Anti-Spam Legislation (CASL), if you send to Canadian recipients.
• Any other federal, state, provincial, or country-specific consent, disclosure, or anti-spam regulations applicable to your campaigns.

We provide tooling to help you comply (quiet hours, opt-out handling, list-unsubscribe headers, 10DLC registration support, audit logs), but you are the data controller and the legally responsible party for your messages and your audience.

You retain all rights in your audience data, contact lists, message content, templates, and any other content you submit to the Service (“Customer Content”).

You grant MarketVolleya worldwide, non-exclusive, royalty-free license to host, store, transmit, and otherwise process Customer Content solely as necessary to provide the Service, comply with applicable law, and improve the Service’s reliability and security.

We process personal data in accordance with our Privacy Policy and, where applicable, a Data Processing Addendum (DPA) available on request.

We make commercially reasonable efforts to keep the Service available 24/7. Target monthly uptime is 99.9% for Scale-tier Customers and 99.95% for Volume-tier Customers, measured by our public status page. Planned maintenance, force majeure events, and disruptions caused by Customer Content or third-party providers (including carriers and email service providers) are excluded from this calculation.

Pricing is published on our Pricing page and is incorporated into these Terms by reference. Usage-based fees are billed monthly in arrears. Volume-tier customers are billed according to their order form.

We may change prices with at least thirty (30) days’ advance notice. Existing committed terms for Volume-tier contracts will be honored at the agreed price until the term ends.

Failed payments may result in service suspension after a notice period of not less than seven (7) days. Reactivation may require payment of the outstanding balance and a deposit.

You may cancel your account at any time through the account settings. Outstanding usage fees incurred up to the cancellation date remain due.

We may suspend or terminate your account for material breach of these Terms, including any violation of Sections 4 or 5, or if continued provision of the Service would expose us to material legal, regulatory, or carrier risk. Where practical, we will provide notice and an opportunity to cure.

Sections that by their nature should survive termination (including 6, 10, 11, 12, and 14) will survive.

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM HARMFUL COMPONENTS, OR THAT ANY MESSAGE WILL BE DELIVERED TO ITS INTENDED RECIPIENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MARKETVOLLEY OR ITS OFFICERS, EMPLOYEES, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.

OUR TOTAL CUMULATIVE LIABILITY FOR ANY CLAIM ARISING FROM OR RELATED TO THESE TERMS OR THE SERVICE IS LIMITED TO THE GREATER OF (A) THE FEES PAID BY YOU TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

You agree to defend, indemnify, and hold harmless MarketVolley, its officers, employees, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or related to (i) your Customer Content, (ii) your audience or your relationship with your recipients, (iii) your violation of any law or regulation in connection with your use of the Service, or (iv) your breach of these Terms.

We may update these Terms from time to time. We will provide at least thirty (30) days’ advance notice of material changes by email to the address on your account or by in-product notice. Continued use of the Service after the effective date of the updated Terms constitutes acceptance.

These Terms are governed by the laws of the State of New York, without regard to its conflict-of-law principles. Any dispute arising out of or relating to these Terms will be resolved exclusively in the state or federal courts located in New York County, New York, and the parties consent to personal jurisdiction in those courts. Either party may seek injunctive or equitable relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

These Terms, together with any order form or DPA executed between you and MarketVolley, constitute the entire agreement between the parties regarding the Service. If any provision is held unenforceable, the remainder will remain in full force and effect. No waiver of any term is a continuing waiver. You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, or sale of assets.

Questions about these Terms? hello@marketvolley.com

MarketVolley, Inc.