1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Reachly ("Reachly," "we," "us," or "our") governing your access to and use of the Reachly platform, website, and services (collectively, the "Service").

By accessing or using the Service, creating an account, or clicking "I agree," you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy.

2. Description of Service

Reachly is an SMS marketing platform that enables small businesses to create, manage, and send SMS campaigns to their customers. The Service includes:

• SMS campaign creation and management tools
• AI-powered message generation
• Contact list management
• Industry-specific message templates
• Send reports and delivery tracking
• Excel/CSV contact import

Reachly is currently available for sending SMS messages to phone numbers in Canada and the United States only.

3. Eligibility

To use Reachly, you must:

• Be at least 18 years of age
• Be located in or operate a business in Canada or the United States
• Have the legal authority to enter into these Terms on behalf of yourself or your business
• Not be prohibited from using the Service under applicable law

4. Account Registration

To access the Service, you must create an account by providing accurate and complete information including your business name, industry, and email address. You are responsible for:

• Maintaining the confidentiality of your account credentials
• All activity that occurs under your account
• Notifying us immediately of any unauthorised use of your account
• Ensuring your account information remains accurate and up to date

You may not share your account credentials with others or create accounts for the purpose of abuse or circumventing restrictions.

5. Acceptable Use Policy

You agree to use Reachly only for lawful purposes. You must not use the Service to:

• Send unsolicited messages (spam) to individuals who have not consented to receive communications from you
• Harass, threaten, or intimidate any person
• Send messages containing illegal content, adult content, hate speech, or discriminatory material
• Promote illegal activities, pyramid schemes, or fraudulent offers
• Impersonate any person or entity
• Send phishing messages or messages designed to deceive recipients
• Violate any applicable law or regulation
• Circumvent or attempt to circumvent any technical measures of the Service
• Use the Service to send messages related to cannabis, gambling, adult content, or other restricted categories as defined by Twilio's Acceptable Use Policy

6. SMS Compliance & Legal Requirements

SMS marketing is regulated by law in both Canada and the United States. You are solely responsible for ensuring your use of Reachly complies with all applicable laws and regulations.

Canada — CASL (Canadian Anti-Spam Legislation)

If you send commercial electronic messages to Canadian recipients, you must comply with CASL, which requires:

• Obtaining express or implied consent from recipients before sending commercial messages
• Identifying yourself clearly in every message
• Providing a working unsubscribe mechanism in every message
• Honouring unsubscribe requests within 10 business days

United States — TCPA (Telephone Consumer Protection Act)

If you send messages to US recipients, you must comply with the TCPA, which requires:

• Obtaining prior express written consent before sending marketing text messages
• Providing clear opt-out instructions
• Honouring opt-out requests immediately
• Not sending messages to numbers on the National Do Not Call Registry for marketing purposes

Your Compliance Obligation

By using Reachly and checking the compliance confirmation before each send, you confirm that:

• You have obtained proper consent from all recipients in your contact list
• You have a legitimate business relationship with the recipients
• You will honour all opt-out and unsubscribe requests promptly
• You understand that Reachly is not responsible for your compliance with applicable laws

10DLC Registration (United States)

For users sending high volumes of SMS to US numbers, carriers may require 10DLC (10-Digit Long Code) registration through The Campaign Registry. You are responsible for completing this registration if required. Failure to register may result in carrier filtering of your messages.

7. User Content & Data

You retain ownership of all contact data, messages, and content you upload to or create using Reachly. By using the Service, you grant Reachly a limited licence to process and transmit your content solely for the purpose of providing the Service.

You represent and warrant that:

• You have the right to use and upload all contact data you provide
• Your content does not violate any third-party rights
• You have obtained all necessary consents from the individuals whose data you upload

You are solely responsible for the accuracy of contact information you provide and the appropriateness of messages you send.

8. Payment & Billing

Reachly offers a free plan and paid subscription plans. Paid plans are billed monthly in advance.

• All prices are in USD unless otherwise stated
• Subscriptions automatically renew unless cancelled before the renewal date
• SMS credits are allocated monthly and unused credits do not roll over to the next billing period
• Refunds are provided at our discretion for unused portions of a billing period
• We reserve the right to change pricing with 30 days notice

Payment processing is handled by Stripe. By subscribing, you agree to Stripe's terms of service. We do not store your payment card information.

9. Termination

You may terminate your account at any time by contacting us or using the account deletion feature.

We may suspend or terminate your account immediately and without notice if:

• You violate these Terms or our Acceptable Use Policy
• We receive complaints about spam or harassment originating from your account
• We are required to do so by law or by our service providers (including Twilio)
• We believe continued use poses a risk to other users or our platform

Upon termination, your access to the Service will cease and your data will be deleted in accordance with our Privacy Policy.

10. Disclaimers & Limitation of Liability

The Service is provided "as is" and "as available" without warranties of any kind, either express or implied.

Reachly does not warrant that:

• The Service will be uninterrupted, error-free, or completely secure
• All SMS messages will be delivered successfully (delivery depends on third-party carriers)
• AI-generated messages will be accurate, appropriate, or effective for your purposes

To the maximum extent permitted by applicable law, Reachly's total liability to you for any claim arising from or related to the Service shall not exceed the amount you paid to Reachly in the three months preceding the claim.

Reachly shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, loss of data, or business interruption.

11. Indemnification

You agree to indemnify, defend, and hold harmless Reachly and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your use of the Service
• Your violation of these Terms
• Your violation of any applicable law, including CASL or TCPA
• Any claim that your messages harmed or violated the rights of a third party
• Any unauthorised use of your account

12. Changes to Terms

We may update these Terms from time to time. When we make material changes, we will notify you by email or by posting a prominent notice on the Service. Your continued use of Reachly after changes become effective constitutes your acceptance of the updated Terms.

We encourage you to review these Terms periodically.

13. Contact Us

If you have questions about these Terms of Service, please contact us at: