SMS Terms of Service

These SMS Terms of Service ("SMS Terms") govern your use of TELAIR's SMS and MMS messaging services, including the TextFlow campaign platform ("SMS Services"). By using the SMS Services, you agree to be bound by these SMS Terms.

1. Acceptance of Terms

By accessing or using TELAIR's SMS Services, you acknowledge that you have read, understood, and agree to be bound by these SMS Terms. If you are using the SMS Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these SMS Terms.

These SMS Terms are effective as of the date you first use the SMS Services and continue until terminated in accordance with Section 12.

2. Service Description & Scope

2.1 SMS Campaign Platform

TELAIR's TextFlow platform provides tools for creating, managing, and sending SMS and MMS marketing campaigns. The SMS Services include:

• Campaign creation and scheduling tools
• Contact list management and segmentation
• Built-in compliance tools for Canadian Anti-Spam Legislation (CASL)
• Message delivery tracking and analytics
• API access for integration with third-party systems
• Phone number provisioning and porting for sending campaigns
• Multi-user access with staff attribution
• AI-powered message generation and compliance analysis (on eligible plans)
• Auto-responders with keyword-triggered automatic replies (on eligible plans)

2.2 Service Plans and Features

SMS Services are offered in multiple subscription tiers with varying features, including but not limited to:

• Monthly message allocations (1,000 to 100,000+ messages depending on plan)
• Phone number provisioning (1 to unlimited numbers depending on plan)
• AI-powered features including message generation and compliance analysis (Growth plan and above)
• Auto-responder functionality with keyword-triggered responses (Growth plan and above)
• API access and rate limits (Professional plan and above for full API access)
• Multi-user access and permissions
• Phone number porting capabilities

Specific features, limits, and current pricing are detailed in your service agreement and the TextFlow product page at www.telair.net/products/textflow. Pricing and features are subject to change; refer to the product page for current offerings.

2.3 AI-Powered Features

TextFlow includes optional AI-powered features available on eligible subscription plans. These features are governed by both these SMS Terms and TELAIR's AI Terms of Service (available at www.telair.net/legal/ai-terms). AI features include:

• AI Message Generation: AI-assisted creation of SMS campaign message content and variations
• AI Compliance Analysis: AI-powered analysis of message content for potential CASL compliance issues
• AI-Powered Matching: Intelligent keyword matching for auto-responders using natural language understanding

Important AI Disclaimers:

• AI features are provided as tools to assist Customer and do not replace Customer's judgment or legal obligations
• Customer is solely responsible for reviewing, editing, and approving all AI-generated content before use
• AI compliance analysis is advisory only and does not constitute legal advice
• AI-generated content may contain errors, inaccuracies, or content requiring modification
• Customer must verify all AI suggestions for accuracy, appropriateness, and compliance before sending
• TELAIR does not guarantee the accuracy, completeness, or legal compliance of AI-generated content
• Use of AI features does not transfer any CASL compliance obligations from Customer to TELAIR

2.4 Auto-Responders

TextFlow includes auto-responder functionality on eligible subscription plans, enabling automated keyword-triggered SMS replies.

Auto-Responder Features:

• Keyword Triggers: Configure automatic responses when contacts text specific keywords
• Multiple Match Types: Exact match, contains, fuzzy matching (typo tolerance), and AI-powered intent matching
• Template Variables: Personalize responses with contact information (name, etc.)
• 24/7 Operation: Auto-responders function continuously without manual intervention

Customer Responsibilities for Auto-Responders:

• Customer is solely responsible for the content of all auto-responder messages
• Customer must ensure all auto-responder content complies with CASL, including proper identification and unsubscribe mechanisms where required
• Customer must regularly review and update auto-responder configurations
• Customer acknowledges that auto-responders send messages automatically and Customer accepts full responsibility for all messages sent
• Auto-responders do not exempt Customer from consent requirements; recipients must have provided valid consent to receive commercial messages

Auto-Responder Disclaimers:

• TELAIR provides auto-responder tools but does not review or approve auto-responder content
• TELAIR is not liable for auto-responder failures, delays, or content errors
• Customer indemnifies TELAIR for any claims arising from auto-responder messages

3. CASL Compliance & Customer Responsibilities

3.1 Customer's Sole Responsibility

Customer is solely responsible for compliance with the Canadian Anti-Spam Legislation (CASL) and all other applicable laws and regulations governing commercial electronic messages. While TELAIR provides compliance tools as part of the SMS Services, including opt-out management, consent tracking, identification features, and AI-powered compliance analysis, these tools do not absolve Customer of their legal obligations.

This responsibility applies to ALL messages sent through SMS Services, regardless of how the message content was created, including:

• Messages composed manually by Customer
• Messages generated or suggested by AI features (Customer must review and approve before sending)
• Messages sent automatically via auto-responders (Customer configures and approves all auto-responder content)
• Messages sent via API integrations

Customer acknowledges and agrees that:

• Customer must obtain express or implied consent from recipients before sending commercial electronic messages
• Customer must clearly identify themselves in all messages and provide accurate sender information
• Customer must include a functioning unsubscribe mechanism in every commercial message
• Customer must honor opt-out requests promptly (within 10 business days as required by CASL)
• Customer is responsible for maintaining records of consent as required by law
• Customer must not send messages to recipients who have withdrawn consent
• Customer must review all AI-generated content for accuracy, appropriateness, and CASL compliance before use
• Customer must configure auto-responders with CASL-compliant content, including proper identification and unsubscribe mechanisms where required

3.2 Prohibited Uses

Customer must not use the SMS Services to:

• Send unsolicited commercial messages to recipients without valid consent
• Send messages containing illegal, fraudulent, defamatory, or harmful content
• Impersonate any person or entity, or misrepresent affiliation with any person or entity
• Send messages that violate intellectual property rights, privacy rights, or other legal rights
• Send phishing messages, malware, viruses, or other malicious content
• Engage in harassment, abuse, or threatening behavior
• Send messages promoting illegal activities or substances
• Violate any applicable laws, regulations, or industry standards

3.3 CASL Compliance Tools - Disclaimer

TELAIR provides built-in CASL compliance tools, including automated opt-out processing, sender identification fields, consent management features, and AI-powered compliance analysis. However, TELAIR does not assume Customer's legal obligations for CASL compliance. Customer remains responsible for:

• Obtaining and documenting valid consent before sending messages
• Ensuring message content complies with CASL requirements
• Verifying that compliance tools are properly configured and functioning
• Monitoring and responding to opt-out requests
• Maintaining compliance records and documentation
• Reviewing and approving all AI-generated content before sending
• Configuring auto-responders with compliant content

AI Compliance Analysis Disclaimer:

• AI-powered compliance analysis is provided as an advisory tool only and does not constitute legal advice
• AI analysis may not identify all potential compliance issues
• Customer remains solely responsible for final compliance determination
• TELAIR does not guarantee the accuracy or completeness of AI compliance analysis
• Customer should consult with legal counsel for definitive CASL compliance guidance

Customer agrees to indemnify and hold harmless TELAIR from any claims, penalties, or damages arising from Customer's non-compliance with CASL or other applicable laws, including claims arising from:

• Content generated or suggested by AI features
• Messages sent via auto-responders
• Customer's reliance on AI compliance analysis

4. Usage Limits & Pricing

4.1 Subscription Plans

SMS Services are offered through monthly subscription plans. As of the effective date of these SMS Terms, the following plans are available:

• Starter Plan: Entry-level plan for small businesses with basic SMS needs
• Growth Plan: Enhanced plan with AI features and auto-responders for growing businesses
• Professional Plan: Full-featured plan with expanded message allocations and API access
• Business Plan: High-volume plan for larger organizations with advanced needs
• Enterprise Plan: Custom plans with negotiated pricing, limits, and features

Each plan includes a monthly message allocation, phone number allocation, and feature set as described on the TextFlow product page at www.telair.net/products/textflow. Current pricing and feature details are available on the product page and are incorporated by reference into these SMS Terms.

Pricing is subject to change with thirty (30) days' notice to Customer. Subscription fees are billed monthly or annually in advance. Annual subscriptions may include discounts as shown on the product page.

4.2 Message Counting Rules

Messages are counted using industry-standard segmentation rules:

• Standard SMS (GSM-7 encoding): Messages up to 160 characters count as one (1) message segment. Messages exceeding 160 characters are segmented into multiple messages, with each segment counting as one (1) message (153 characters per segment after concatenation headers).

• Unicode SMS (for special characters, emojis, non-Latin scripts): Messages up to 70 characters count as one (1) message segment. Messages exceeding 70 characters are segmented into multiple messages, with each segment counting as one (1) message (67 characters per segment after concatenation headers).

• MMS (Multimedia Messaging Service): Each MMS message counts as one (1) message regardless of content size, up to the carrier-imposed size limit (typically 300KB-600KB).

Customer is responsible for monitoring message length and segmentation to manage costs effectively.

4.3 Message Allocations and Limits

Each subscription plan includes a monthly message allocation as specified on the product page. Message allocations vary by plan tier, with higher tiers providing more messages.

Allocation Enforcement:

• Message allocations reset at the beginning of each billing period
• When Customer reaches their monthly allocation, outbound messaging may be paused until the next billing period or until Customer upgrades to a higher plan
• Customer will receive notifications as they approach their allocation limit (typically at 80% and 95% usage)
• Enterprise plans may include custom allocation arrangements

Daily sending limits may also apply to ensure service quality and carrier compliance. Contact salesnull@telair.net to discuss higher volume requirements.

4.4 No Rollover Policy

Unused message allocations do not roll over to subsequent billing periods. Messages included in Customer's subscription plan expire upon:

• The end of the billing period (monthly or annually)
• Service cancellation or termination
• Downgrade to a lower-tier plan

Customer is encouraged to monitor usage through the TextFlow dashboard and select a plan appropriate for their messaging volume.

4.5 Plan Changes

Upgrades: Customer may upgrade to a higher-tier plan at any time. Upgrades take effect immediately, with prorated billing for the remainder of the current billing period.

Downgrades: Customer may downgrade to a lower-tier plan with effect at the end of the current billing period. No refunds are provided for the difference between plans. Downgrading may result in loss of access to certain features (such as AI features or auto-responders) that are not included in the lower-tier plan.

5. Phone Number Provisioning & Porting

5.1 Number Allocation

TELAIR provides dedicated phone numbers for sending SMS campaigns. The number of provisioned phone numbers varies by service plan:

• Starter Plan: 1 phone number included
• Growth Plan: 2 phone numbers included
• Professional Plan: 5 phone numbers included
• Business Plan: 10 phone numbers included
• Enterprise Plans: Unlimited numbers (custom allocations)

Additional phone numbers may be available for purchase depending on plan and availability. Current allocations and additional number pricing are shown on the product page.

5.2 TELAIR-Provisioned Numbers

Phone numbers provisioned by TELAIR for SMS Services remain the property of TELAIR and its carrier partners during Customer's use. Customer is granted a limited, non-exclusive license to use the provisioned numbers solely for sending SMS campaigns through the TextFlow platform during the term of Customer's service agreement.

Customer acknowledges that for TELAIR-provisioned numbers:

• TELAIR may reassign or replace phone numbers at any time with reasonable notice if required for carrier compliance or technical reasons
• Phone numbers support both inbound and outbound SMS; voice capabilities may vary
• Customer must not use provisioned numbers for purposes outside the SMS Services
• Numbers may be ported out by Customer subject to Section 5.5

5.3 Number Compliance and Reputation

Customer is responsible for maintaining the reputation of all phone numbers (both TELAIR-provisioned and customer-owned) by:

• Sending only compliant, consensual messages
• Honoring opt-out requests promptly
• Avoiding spam complaints and carrier violations
• Following carrier guidelines and industry best practices

TELAIR reserves the right to suspend or terminate access to phone numbers if Customer's usage results in spam complaints, carrier blocks, or violations of these SMS Terms.

5.4 Number Porting - Port-In

Customer may port existing phone numbers into TextFlow for use with SMS Services, subject to the following:

Port-In Process:

• Customer must submit a port-in request through the TextFlow platform or by contacting support
• Customer must provide valid Letter of Authorization (LOA) and account information from their current carrier
• Porting typically takes 7-10 business days but may vary based on carrier processing times
• A one-time porting fee may apply as shown on the product page
• Customer is responsible for any early termination fees or charges from their current carrier

Port-In Requirements:

• Customer must have authorization to port the number(s)
• Number(s) must be in good standing with the current carrier
• Customer must maintain service with current carrier until port is complete
• Customer is responsible for accuracy of all information provided for porting

Ported Number Terms:

• Once ported, numbers are subject to all terms applicable to phone numbers used with SMS Services
• Ported numbers count toward Customer's plan allocation
• Customer retains ownership of ported numbers (subject to Section 5.6)

5.5 Number Porting - Port-Out

Customer may request to port phone numbers out of TextFlow to another carrier, subject to the following:

Port-Out Process:

• Customer must provide thirty (30) days' written notice of intent to port out
• Customer must initiate the port-out with the receiving carrier
• TELAIR will cooperate with valid port-out requests and will not unreasonably delay processing
• Customer's account must be in good standing with no outstanding balance

Port-Out Requirements:

• All outstanding fees must be paid before port-out will be processed
• Customer is responsible for coordinating with the receiving carrier
• TELAIR will provide necessary account information for port-out upon request
• Port-out of TELAIR-provisioned numbers is subject to carrier availability and may not be available for all numbers

Effect of Port-Out:

• Upon successful port-out, Customer's phone number allocation will be reduced accordingly
• If port-out results in Customer having fewer numbers than their plan allocation, no credit or refund is provided
• Port-out does not terminate Customer's subscription; Customer remains responsible for subscription fees until properly cancelled

5.6 Customer-Owned Numbers

Customer may use customer-owned phone numbers (including ported numbers) for TextFlow campaigns. For customer-owned numbers:

Customer Ownership:

• Customer retains ownership of numbers they port into TextFlow
• Customer may port customer-owned numbers out at any time subject to Section 5.5
• Ownership of TELAIR-provisioned numbers transfers to Customer only upon successful port-out

Customer Responsibilities:

• Customer is solely responsible for maintaining customer-owned numbers in good standing
• Customer is responsible for any underlying carrier fees or charges for customer-owned numbers
• Customer must ensure customer-owned numbers are properly authorized for SMS use
• Customer indemnifies TELAIR for any claims related to Customer's ownership or use of customer-owned numbers

TELAIR Limitations:

• TELAIR is not liable for issues with customer-owned numbers arising from factors outside TELAIR's control
• TELAIR does not guarantee compatibility of all customer-owned numbers with SMS Services
• TELAIR may require verification of number ownership before enabling customer-owned numbers

6. 10DLC Registration (United States)

6.1 Registration Requirements

For sending SMS messages to recipients in the United States, Customer must register their brand and messaging campaigns with The Campaign Registry (TCR) through TELAIR's 10DLC registration system. 10DLC (10-Digit Long Code) registration is mandatory for A2P (Application-to-Person) messaging in the United States as of February 2025. Unregistered traffic will be blocked by US mobile carriers.

Customer acknowledges that:

• 10DLC registration is required before sending SMS to US recipients from standard 10-digit phone numbers
• Registration involves verification of Customer's business identity (Brand) and messaging use cases (Campaigns)
• Carrier approval is required and may take 3-7 business days or longer
• TELAIR cannot guarantee approval of any brand or campaign registration
• Rejected registrations may require resubmission with additional information

6.2 10DLC Registration Fees

Customer agrees to pay the following non-refundable fees for 10DLC registration services. All fees are charged automatically upon submission of registration requests through the TextFlow platform.

One-Time Registration Fees:

Monthly Campaign Fees:

Monthly campaign fees are charged on the first day of each billing period for each active registered campaign. Fees continue until the campaign is deactivated or the Customer's TextFlow subscription is terminated.

6.3 No Refunds Policy - 10DLC Registration

ALL 10DLC REGISTRATION FEES ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCES. Customer acknowledges and agrees that:

No refunds will be provided for:

• Brand registrations that are rejected or fail verification
• Campaigns that are rejected by carriers or TCR
• Campaigns that are approved but later suspended or deactivated
• Registration processing delays regardless of duration
• Changes to carrier policies or TCR requirements
• Customer's decision to discontinue use of registered brands or campaigns
• Duplicate or erroneous submissions made by Customer
• Cancellation of TextFlow subscription after registration submission

Registration fees are earned upon submission because:

• TELAIR incurs immediate costs from The Campaign Registry (TCR) and carrier partners upon submission
• TCR fees are non-refundable to TELAIR regardless of registration outcome
• Registration processing requires significant administrative resources
• Carrier review processes are outside TELAIR's control

Customer assumes all risk of registration rejection, delays, or policy changes. TELAIR recommends reviewing TCR guidelines and carrier requirements before submitting registrations.

6.4 Registration Processing and Timing

TELAIR will submit Customer's brand and campaign registrations to TCR within two (2) business days of receiving complete registration information. Customer acknowledges that:

• Brand verification typically takes 1-5 business days
• Campaign approval typically takes 3-7 business days but may take longer
• Some carriers may require additional review time
• TELAIR has no control over carrier or TCR processing times
• Delays do not entitle Customer to refunds, credits, or compensation

6.5 Registration Rejection and Appeals

If a brand or campaign registration is rejected:

• TELAIR will notify Customer of the rejection reason within two (2) business days of receiving notification from TCR
• Customer may correct the issues and resubmit (additional registration fees apply)
• Customer may file a vetting appeal (appeal fees apply)
• Rejection does not entitle Customer to a refund of previously paid fees

Common rejection reasons include but are not limited to:

• Business information does not match public records
• EIN/Tax ID verification failure
• Website unavailable or does not match business
• Sample messages do not match declared use case
• Prohibited content detected in sample messages
• Incomplete or inaccurate registration information

6.6 Prohibited Content and Compliance

Customer must ensure all registered campaigns and messages comply with TCR content policies and carrier guidelines. The following content categories are prohibited or restricted for 10DLC messaging:

Always Prohibited (SHAFT-C):

• Sex - Adult or sexually explicit content
• Hate - Discriminatory or hateful content
• Alcohol - Without proper age-gating registration
• Firearms - Weapons and ammunition
• Tobacco - Without proper age-gating registration
• Cannabis - All cannabis/CBD/hemp content regardless of legality

High-Risk (May Trigger Filtering or Rejection):

• Payday loans and high-risk financial services
• Cryptocurrency and investment schemes
• Gambling and sweepstakes
• Debt collection
• Lead generation for third parties

TELAIR's content moderation tools will warn Customer of potential violations, but Customer is solely responsible for ensuring campaign compliance. Registration approval does not guarantee message delivery if content violates carrier policies.

6.7 Campaign Deactivation

Customer may request deactivation of registered campaigns at any time through the TextFlow platform. Upon deactivation:

• Monthly campaign fees will cease at the end of the current billing period
• No refunds will be provided for partial billing periods
• Phone numbers assigned to the campaign will become unregistered for US messaging
• Reactivation requires new campaign registration and associated fees

TELAIR may deactivate campaigns without refund if:

• Customer violates these SMS Terms or content policies
• Carrier or TCR suspends or revokes the registration
• Customer's TextFlow subscription is terminated
• Campaign generates excessive spam complaints or carrier violations

7. Campaign Delivery - Best Effort Service

7.1 No Delivery Guarantees

SMS Services are provided on a "best effort" basis. While TELAIR advertises a 98.5% delivery rate based on historical performance, TELAIR does not guarantee successful delivery of any message. Message delivery depends on factors outside TELAIR's control, including but not limited to:

• Recipient's carrier network availability and performance
• Recipient's device status (powered off, out of coverage, full inbox)
• Carrier filtering, spam detection, or blocking
• International routing and carrier agreements
• Content filtering by carriers or regulatory authorities
• Network congestion or technical issues

7.2 Delivery Reporting Limitations

TELAIR provides delivery tracking and analytics based on carrier delivery receipts. However, delivery receipts are not always accurate or timely. Customer acknowledges that:

• "Delivered" status indicates the message reached the recipient's carrier, not necessarily the recipient's device
• Some carriers do not provide delivery receipts or provide delayed receipts
• Delivery reports may be incomplete, delayed, or inaccurate
• TELAIR is not responsible for inaccuracies in carrier-provided delivery data

7.3 Failed Delivery and Refunds

TELAIR does not provide refunds or credits for messages that fail to deliver due to factors outside TELAIR's control, including but not limited to:

• Invalid or disconnected recipient phone numbers
• Carrier blocks, filtering, or spam detection
• Recipient device issues or network unavailability
• Content violations detected by carriers
• International delivery failures

Customer is responsible for maintaining accurate contact lists and ensuring message content complies with carrier guidelines.

7.4 Service Availability

TELAIR strives to maintain high availability of SMS Services but does not guarantee uninterrupted or error-free service. Scheduled maintenance will be communicated to Customer with reasonable advance notice when possible. TELAIR is not liable for service interruptions due to:

• Carrier network outages or maintenance
• Third-party service provider failures
• Force majeure events (natural disasters, acts of war, etc.)
• Cyberattacks, DDoS attacks, or security incidents
• Necessary emergency maintenance or security updates

8. API Terms

8.1 API Access

Customer may access the TextFlow API to integrate SMS Services with third-party systems, subject to the terms of Customer's service plan. API access availability varies by plan:

• Starter and Growth Plans: Limited or no API access (check product page for current availability)
• Professional Plan and above: Full API access included

API access includes:

• RESTful API endpoints for campaign management, message sending, and contact list operations
• API documentation and developer resources
• Rate limits and usage quotas as specified in Customer's plan

8.2 API Rate Limits

API requests are subject to rate limits to ensure fair usage and service quality. Rate limits vary by plan tier:

• Professional Plan: Standard API rate limits
• Business Plan: Enhanced API rate limits
• Enterprise Plans: Custom rate limits negotiated in service agreement

Specific rate limits are shown on the product page and may be updated from time to time. Exceeding rate limits may result in temporary API throttling or rejection of requests. Contact supportnull@telair.net if higher rate limits are required.

8.3 API Modifications and Deprecation

TELAIR reserves the right to modify, update, or deprecate API endpoints, methods, or functionality at any time. TELAIR will provide reasonable advance notice (typically 90 days) for breaking changes or deprecations when commercially reasonable. Customer is responsible for:

• Monitoring API documentation for updates and changes
• Updating integrations to accommodate API changes
• Testing API integrations after updates

TELAIR is not liable for disruptions to Customer's systems or workflows resulting from API changes, provided reasonable notice was given.

8.4 API Security

Customer is responsible for securing API credentials (API keys, tokens) and must not:

• Share API credentials with unauthorized parties
• Hardcode API credentials in publicly accessible code repositories
• Use API credentials in insecure or unencrypted communications
• Allow API credentials to be compromised or accessed by malicious actors

Customer must immediately notify TELAIR at supportnull@telair.net if API credentials are lost, stolen, or compromised. TELAIR will regenerate credentials upon request.

9. Campaign Management

9.1 Campaign Scheduling and Execution

Customer may schedule SMS campaigns for immediate or future delivery. TELAIR will make commercially reasonable efforts to deliver campaigns at the scheduled time, but delivery times are not guaranteed due to factors including network congestion, carrier processing delays, and technical limitations.

9.2 Campaign Cancellation

Customer may cancel scheduled campaigns before the scheduled send time through the TextFlow platform interface or API. Once a campaign has begun sending, it cannot be cancelled, and messages will be deducted from Customer's allocation for all messages sent or queued for delivery.

9.3 Contact List Management

Customer is solely responsible for:

• Maintaining accurate and up-to-date contact lists
• Ensuring all contacts have provided valid consent for commercial messages
• Segmenting contacts appropriately for targeted campaigns
• Removing contacts who have opted out or withdrawn consent
• Protecting contact data from unauthorized access or disclosure

TELAIR provides tools for managing opt-outs and consent status, but Customer remains responsible for compliance with data protection and privacy laws.

10. Multi-User Access & Permissions

10.1 User Accounts and Permissions

Customer may grant access to the SMS Services to multiple users (staff members, contractors, authorized representatives) with varying permission levels. Customer is responsible for:

• Managing user accounts, permissions, and access levels
• Ensuring users understand and comply with these SMS Terms
• Monitoring user activity and campaign sending
• Revoking access for users who no longer require it

10.2 Account Owner Liability

The Account Owner is liable for all actions taken by users granted access to the SMS Services, including but not limited to:

• Messages sent by users, regardless of content or compliance status
• API usage and integration by users or third-party systems
• Data breaches or security incidents caused by user negligence
• Violations of these SMS Terms by any user

Customer agrees to indemnify TELAIR for any claims, damages, or penalties arising from actions taken by Customer's users.

10.3 Staff Attribution

The TextFlow platform tracks which user sent each campaign for accountability and auditing purposes. Customer acknowledges that staff attribution data is maintained by TELAIR for Customer's benefit and may be provided to Customer upon request for compliance or internal purposes.

11. Contact Data & Privacy

11.1 Customer Data Ownership

Customer retains ownership of all contact data, message content, and campaign information uploaded to or created through the SMS Services ("Customer Data"). TELAIR does not claim ownership of Customer Data.

11.2 TELAIR's Use of Customer Data

TELAIR will use Customer Data solely for the purpose of providing the SMS Services and will not:

• Sell or rent Customer Data to third parties
• Use Customer Data for TELAIR's own marketing purposes without Customer's consent
• Share Customer Data with third parties except as required to provide the SMS Services (e.g., carrier partners for message delivery) or as required by law

11.3 Data Retention and Deletion

TELAIR retains Customer Data for the duration of Customer's service agreement and for a reasonable period thereafter to comply with legal obligations, resolve disputes, and enforce agreements. Customer may request deletion of Customer Data by contacting supportnull@telair.net. Upon termination of the service agreement, TELAIR will delete or anonymize Customer Data within ninety (90) days, except as required by law or for legitimate business purposes.

11.4 Privacy Policy

TELAIR's collection, use, and disclosure of personal information is governed by TELAIR's Privacy Policy, available at www.telair.net/legal/privacy. Customer should review the Privacy Policy to understand how TELAIR handles personal information.

11.5 Customer's Privacy Obligations

Customer is responsible for complying with all applicable privacy laws and regulations, including the Personal Information Protection and Electronic Documents Act (PIPEDA), when collecting, using, and disclosing contact data through the SMS Services. Customer must:

• Obtain valid consent from contacts before collecting and using their personal information
• Provide clear privacy notices explaining how contact data will be used
• Implement appropriate security measures to protect contact data
• Honor data subject rights (access, correction, deletion requests)

Customer agrees to indemnify TELAIR for any claims arising from Customer's privacy violations.

12. Limitations of Liability

12.1 Disclaimer of Warranties

SMS SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, TELAIR disclaims all warranties, including but not limited to:

• Warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that the SMS Services will be uninterrupted, error-free, secure, or free from viruses
• Warranties regarding delivery rates, message success, or campaign effectiveness
• Warranties regarding API availability, performance, or compatibility
• Warranties regarding AI feature accuracy, completeness, or suitability for any purpose
• Warranties that AI-generated content will be accurate, appropriate, or legally compliant
• Warranties regarding auto-responder availability, timing, or reliability
• Warranties regarding phone number porting success, timing, or compatibility

12.2 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, TELAIR'S TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SMS SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO TELAIR FOR SMS SERVICES IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

TELAIR shall not be liable for:

• Indirect, incidental, special, consequential, or punitive damages
• Lost profits, revenue, data, or business opportunities
• Costs of substitute services or procurement
• Failed message delivery or delivery delays
• Carrier blocks, spam complaints, or reputation damage
• Data breaches or security incidents caused by third parties
• Service interruptions, API changes, or technical issues
• AI-generated content inaccuracies, errors, or omissions
• AI hallucinations, fabrications, or inappropriate suggestions
• Decisions made based on AI compliance analysis or suggestions
• Auto-responder failures, delays, or misfires
• Incorrect or inappropriate auto-responder responses
• Phone number porting delays caused by third-party carriers
• Issues with customer-owned or ported phone numbers outside TELAIR's control
• Loss of phone numbers due to carrier actions or regulatory requirements
• Incompatibility of ported numbers with SMS Services

12.3 Indemnification

Customer agrees to indemnify, defend, and hold harmless TELAIR, its affiliates, officers, directors, employees, and agents from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Customer's use of the SMS Services
• Customer's violation of these SMS Terms or applicable laws
• Customer's violation of CASL or other anti-spam legislation
• Customer's violation of privacy laws or data protection regulations
• Message content created or sent by Customer
• Actions taken by Customer's users or authorized representatives
• Third-party claims related to Customer's campaigns or contact data
• Customer's use of AI features, including content generated or suggested by AI
• Customer's reliance on AI compliance analysis or suggestions
• Content of auto-responder messages configured by Customer
• Claims arising from auto-responder messages sent on Customer's behalf
• Issues arising from customer-owned or ported phone numbers
• Claims related to Customer's ownership, porting, or use of phone numbers

13. Termination & Miscellaneous

13.1 Termination by Customer

Customer may terminate SMS Services by submitting a cancellation request through TELAIR's official cancellation form at www.telair.net/forms/cancel or by contacting supportnull@telair.net. Termination is subject to the terms of Customer's service agreement, including any applicable notice periods or cancellation fees.

Upon termination:

• Customer's access to the SMS Services will be disabled at the end of the notice period
• Unused message allocations will be forfeited (no refunds or rollover)
• Customer Data will be retained or deleted in accordance with Section 11.3

13.2 Termination by TELAIR

TELAIR may suspend or terminate Customer's access to the SMS Services immediately and without notice if:

• Customer violates these SMS Terms or TELAIR's main Terms of Service
• Customer engages in fraudulent, illegal, or abusive behavior
• Customer's campaigns result in excessive spam complaints or carrier blocks
• Customer fails to pay invoices or fees when due
• Customer's account is associated with security threats or malicious activity

TELAIR may also terminate SMS Services with thirty (30) days' notice for any reason or no reason.

13.3 Effect of Termination

Upon termination of SMS Services for any reason:

• Customer must immediately cease using the SMS Services and API
• All outstanding fees and charges become immediately due and payable
• Customer's licenses to use provisioned phone numbers are revoked
• TELAIR may delete Customer Data in accordance with Section 11.3

Sections of these SMS Terms that by their nature should survive termination shall survive, including but not limited to Sections 3 (CASL Compliance), 6 (10DLC Registration), 11 (Privacy), and 12 (Limitations of Liability).

13.4 Modifications to SMS Terms

TELAIR may modify these SMS Terms at any time by posting updated terms at www.telair.net/legal/sms-terms. Material changes will be communicated to Customer via email with thirty (30) days' notice before the changes take effect. Customer's continued use of the SMS Services after the effective date of the changes constitutes acceptance of the modified SMS Terms.

13.5 Governing Law and Jurisdiction

These SMS Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any disputes arising out of or related to these SMS Terms or the SMS Services shall be resolved exclusively in the courts of the Province of Ontario.

13.6 Entire Agreement

These SMS Terms, together with TELAIR's main Terms of Service and Privacy Policy, constitute the entire agreement between Customer and TELAIR regarding the SMS Services and supersede all prior agreements, understandings, and communications.

13.7 Severability

If any provision of these SMS Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

13.8 Contact Information

For questions, concerns, or support regarding the SMS Services or these SMS Terms, please contact:

TELAIR Email: supportnull@telair.net Phone: +1 (855)null 835-2471 Website: www.telair.net

For billing inquiries: billingnull@telair.net For sales and plan upgrades: salesnull@telair.net