Terms of Service

Agreement to these terms

These Terms of Service (the “Terms”) are a binding agreement between you and Haven Media Solutions LLC (“CommSync,”“we,” “us,” or “our”), and govern your access to and use of the CommSync websites, applications, and APIs(the “Service”). By creating an account or using the Service, you agree to these Terms and to our Privacy Policy. If you do not agree, do not use the Service.

If you use the Service on behalf of a company or other organization, you represent that you have authority to bind it to these Terms, and “you” refers to that organization.

Who may use CommSync

You must be at least 18 years old and able to form a binding contract to use the Service. By using CommSync, you represent that you meet these requirements and that your use will comply with these Terms and all applicable laws. The Service is a business tool and is not intended for personal, household, or consumer use.

Your account

You are responsible for your account, including keeping your credentials confidential and for all activity that occurs under it. You agree to provide accurate information and to keep it current. Notify us promptly at [email protected] if you suspect any unauthorized use of your account.

If you create or administer a workspace, you are responsible for the users you invite, the channels you connect, and your team’s compliance with these Terms.

The Service, beta features, and changes

CommSync unifies SMS and email from the numbers and mailboxes you connect into a single inbox, with optional features such as identity matching, search, shared contacts, and AI assistance. We are continually improving the Service and may add, change, or remove features.

Some features may be offered as beta, preview, or evaluation features. These are provided “as is,” may be changed or withdrawn at any time, and may be less reliable than generally available features. CommSync does not provide legal, tax, or compliance advice, and the Service is not a substitute for your own judgment about how you communicate with your contacts.

Acceptable use and messaging compliance

You are solely responsible for the messages you send and the contacts you message through CommSync. You agree not to use the Service to:

• Violate any law, regulation, or third-party right;
• Send unlawful, unsolicited, or bulk messages (spam), or messages that are deceptive, harassing, threatening, defamatory, obscene, or hateful;
• Distribute malware, phishing, or fraudulent content, or attempt to gain unauthorized access to any system or account;
• Infringe intellectual-property rights or misappropriate confidential information;
• Interfere with or disrupt the Service, circumvent usage limits or security, or scrape or overload our systems;
• Resell or provide the Service to third parties except as expressly permitted.

Telecommunications and email laws. Because you use CommSync to send messages, you are responsible for complying with all applicable communications laws and carrier requirements, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, A2P 10DLC registration and messaging rules, and equivalent laws in your jurisdiction. You represent and warrant that you have obtained all required consents from message recipients, that you honor opt-out requests (such as “STOP”) and unsubscribe requests promptly, and that your content and sending practices comply with carrier and provider policies. We may suspend or limit messaging that we reasonably believe violates these requirements.

Your content and the license you give us

You retain all rights to the content you submit, send, receive, or store through the Service, including your messages, contacts, and files (“Your Content”). We do not claim ownership of Your Content.

You grant us a worldwide, non-exclusive, royalty-free license to host, store, transmit, display, and process Your Content solely as needed to operate, secure, and provide the Service to you and to perform our obligations under these Terms. You represent that you have the rights necessary to grant this license and that Your Content and your use of it do not violate these Terms or any law.

If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.

Carriers, email providers, and other third parties

The Service relies on third parties — including SMS carriers, your email providers, payment processors, and cloud infrastructure — to function. By connecting a channel or integration, you authorize us to access and exchange data with that third party as needed to provide the Service. We are not responsible for third-party services, their availability, or their acts or omissions, and your use of them may be subject to their own terms.

Plans, billing, and renewals

Paid plans are billed in advance on a recurring basis through our payment processor, Stripe. By subscribing, you authorize us to charge your payment method for the applicable fees, including taxes, on each renewal until you cancel.

• Auto-renewal. Subscriptions renew automatically for the same term unless you cancel before the renewal date.
• Seats. Your plan is priced by seats. Seats may increase as you add members; seat counts do not automatically decrease, so you control when to reduce paid headroom.
• Changes in price. We may change our fees; we will give you reasonable advance notice, and changes apply to the next billing cycle.
• Refunds. Except where required by law or expressly stated, fees are non-refundable and are not prorated for partial periods.
• Taxes. Fees are exclusive of taxes, which you are responsible for paying.
• Non-payment. If a charge fails or your account is past due, we may suspend or downgrade paid features after notice.

Suspension and termination

You may stop using the Service and delete your account at any time from your account settings. We may suspend or terminate your access if you breach these Terms, if your use poses a risk to the Service or others, if required by law, or if we discontinue the Service.

On termination, your right to use the Service ends and we may delete your data as described in our Privacy Policy. Sections of these Terms that by their nature should survive — including content licenses you have granted, disclaimers, limitations of liability, indemnification, and dispute resolution — survive termination.

Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, THAT MESSAGES WILL BE DELIVERED OR RECEIVED, OR THAT DEFECTS WILL BE CORRECTED. YOU USE THE SERVICE AT YOUR OWN RISK.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, COMMSYNC AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU PAID US FOR THE SERVICE IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100). SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Indemnification

You agree to defend, indemnify, and hold harmless Haven Media Solutions LLC and its affiliates and their respective officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or relating to: (a) Your Content; (b) your use of the Service; (c) your violation of these Terms or any law, including communications and privacy laws; or (d) your violation of any third-party right, including the rights of the people you message.

Dispute resolution and arbitration

Please read this section carefully — it affects your legal rights. You and CommSync agree to first try to resolve any dispute informally by contacting us at [email protected]. If we cannot resolve it within 30 days, the dispute will be resolved by binding individual arbitration rather than in court, except as stated below.

• Arbitration. The arbitration will be administered by the American Arbitration Association (AAA) under its applicable rules, before a single arbitrator, and may take place in the State of Mississippi, United Statesor be conducted remotely. The arbitrator’s decision is final and may be entered as a judgment in any court of competent jurisdiction.
• Class-action waiver.Disputes will be brought only in your individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person’s claims.
• Jury-trial waiver. You and CommSync waive any right to a jury trial.
• Exceptions. Either party may bring an individual claim in small- claims court, and either party may seek injunctive or equitable relief in court to protect its intellectual property or confidential information.
• Opt-out. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these Terms; opting out does not affect any other part of these Terms.

Governing law and venue

These Terms and any dispute arising out of them are governed by the laws of the State of Mississippi, United States, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act with respect to arbitration. To the extent a dispute is not subject to arbitration, you and CommSync agree to the exclusive jurisdiction of the state and federal courts located in the State of Mississippi, United States, and waive any objection to venue there.

Changes to these terms

We may update these Terms from time to time. When we make material changes, we will update the date at the top of this page and, where appropriate, notify you in the app or by email. Changes take effect when posted unless stated otherwise. Your continued use of the Service after a change means you accept the revised Terms; if you do not agree, stop using the Service.

General terms

• Entire agreement. These Terms and the documents they reference are the entire agreement between you and CommSync regarding the Service and supersede any prior agreements.
• Severability. If any provision is held unenforceable, the rest remains in effect, and the unenforceable provision will be modified to the minimum extent necessary.
• No waiver. Our failure to enforce a provision is not a waiver of it.
• Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control.
• Notices. We may provide notices to you in the app or by email; you may contact us as described below.

Contact

Questions about these Terms? Email [email protected] or use our contact page. These Terms are entered into with Haven Media Solutions LLC.