TERMS OF SERVICE

Effective Date: 1/4/25

1. Acceptance of Terms

By accessing or using Impact Systems’ website, platform, or services, you agree to these Terms of Service. If you do not agree, you may not use the services.

2. Description of Services

Impact Systems provides access to:

CRM software

Marketing automation tools

SMS, MMS, email, and workflow automation

White-labeled SaaS platform services

Impact Systems is a technology platform provider only and does not act as a marketing agency or control Client communications.

3. Client Responsibilities

You are solely responsible for:

All content sent through your account

Obtaining proper consent for SMS, email, and calls

Compliance with TCPA, CTIA, CAN-SPAM, GDPR, and applicable laws

Managing opt-outs and suppression lists

Impact Systems is not liable for Client misuse of the platform.

4. SMS, A2P 10DLC & Messaging Compliance (Required)

By using messaging features, you acknowledge and agree that:

You are the brand and sender of all messages

Impact Systems is not the sender and has no editorial control

You are responsible for compliance with:

TCPA

CTIA Messaging Principles

Carrier rules and policies

A2P 10DLC registration requirements

Consent Requirements

You certify that you have obtained prior express written consent, which clearly discloses:

Your brand identity

Message purpose and frequency

That message and data rates may apply

Opt-out instructions

Required Keywords

You must support and honor:

STOP, END, CANCEL, UNSUBSCRIBE (immediate opt-out)

HELP (valid business contact information)

Prohibited Use

You may not send:

Purchased, scraped, or third-party lists

Cold SMS without consent

Content violating carrier or legal standards

Impact Systems reserves the right to immediately suspend or terminate messaging services without notice for violations.

A2P 10DLC Registration

You acknowledge that:

Brand and campaign registration is mandatory

Deliverability and throughput are not guaranteed

Carriers may filter or block messages at their discretion

5. Subscription, Billing & Payments

Services are billed on a subscription basis

Fees are non-refundable unless required by law

Failure to pay may result in suspension or termination

6. No Guarantees

Impact Systems makes no guarantees regarding:

Lead volume or quality

Revenue or business growth

Message deliverability or campaign performance

7. Account Suspension & Termination

Impact Systems may suspend or terminate access:

For violations of these Terms

For carrier or compliance risks

For non-payment

Suspension may occur without prior notice when required to protect the platform.

8. Intellectual Property

All software, trademarks, and platform components remain the exclusive property of Impact Systems LLC. No ownership rights are transferred.

9. Limitation of Liability

To the maximum extent permitted by law, Impact Systems LLC shall not be liable for:

Indirect, incidental, or consequential damages

Loss of data, profits, or business

Client misuse of the platform

10. Indemnification

You agree to indemnify and hold harmless Impact Systems LLC from any claims, fines, penalties, or damages arising from:

Your use of the platform

Messaging or marketing violations

Failure to obtain proper consent

11. Data Processing Addendum (DPA)

To the extent Impact Systems processes personal data on behalf of a Client, such processing is governed by our Data Processing Addendum (“DPA”), which is incorporated by reference and available upon request.

12. Changes to Terms

We may update these Terms at any time. Continued use constitutes acceptance of the revised Terms.

13. Governing Law

These Terms are governed by the laws of the State of Pennsylvania, without regard to conflict-of-law principles.

14. Contact Information

Impact Systems LLC
[email protected]