Terms of Service

1. Agreement to Terms

By accessing or using 1Cent Text ("Service," "Platform," "we," "our," or "us") at https://app.1centtext.com, you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. By creating an account, you represent that you are at least 18 years of age and have the legal authority to enter into these Terms on behalf of yourself or your business.

For existing accounts, continued use of the Service after the effective date of these updated Terms constitutes acceptance of all provisions herein, including the AI Content Responsibility provisions in Section 6.

2. Description of Service

1Cent Text is a cloud-based SMS marketing platform that enables businesses to send text message campaigns to their customers at a low per-SMS fee plus a monthly subscription fee. The Service includes campaign management, contact management, keyword opt-in tools, analytics, AI-assisted content generation, automated social media posting, and related features.

3. Account Registration

To use the Service, you must create an account by providing accurate, complete, and current information. You are responsible for:

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

We reserve the right to terminate accounts, remove content, or cancel services at our discretion if we believe you have violated these Terms.

4. Acceptable Use Policy

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. The Service is intended for legitimate business-to-consumer marketing communications where recipients have provided consent.

4.2 Prohibited Content

You agree NOT to send messages containing:

• Spam, unsolicited commercial messages, or messages to contacts who have not opted in
• Sexually explicit, obscene, or pornographic content
• Hate speech, harassment, or threatening content
• Content promoting illegal activities, drugs, firearms, or violence
• Phishing, fraud, or deceptive content
• Content that infringes on intellectual property rights
• Malware, viruses, or malicious code
• Political campaign messaging or solicitations
• High-risk financial services content (payday loans, cryptocurrency, etc.) without prior approval
• False or misleading claims about products, services, or promotions

4.3 TCPA and Legal Compliance

You are solely responsible for complying with all applicable laws and regulations, including:

• The Telephone Consumer Protection Act (TCPA) and all FCC regulations thereunder
• The CAN-SPAM Act
• The Federal Trade Commission Act and FTC regulations on advertising and endorsements
• State-specific telemarketing and privacy laws (including California, Florida, and others)
• CTIA Messaging Principles and Best Practices
• Carrier guidelines and acceptable use policies

You must obtain prior express written consent from all recipients before sending marketing SMS messages. You must maintain records of that consent, including the opt-in timestamp, opt-in source, and the phone number consented. You must provide a clear opt-out mechanism (e.g., "Reply STOP to unsubscribe") in every message and honor opt-out requests immediately.

TCPA Indemnification: You agree to defend, indemnify, and hold harmless 1Cent Text from any TCPA claims, FCC enforcement actions, or class action lawsuits arising from your messaging campaigns, including any claims that you sent messages to recipients who did not provide prior express written consent.

5. FTC Compliance and Advertising Standards

5.1 Truthful Advertising

You are solely responsible for ensuring that all promotional content you send through the Service — whether written by you or generated with AI assistance — complies with the Federal Trade Commission Act (15 U.S.C. § 45) and all FTC regulations, including:

• All advertising claims must be truthful, non-deceptive, and substantiated
• Material connections or endorsements must be clearly disclosed
• Promotional offers must be honored as stated, including expiration dates and conditions
• Pricing claims must be accurate and not misleading

5.2 AI-Generated Content and FTC Disclosure

When using 1Cent Text's AI features to generate promotional content, you are the publisher of that content and bear full responsibility for its accuracy and compliance with FTC standards. You are responsible for any required disclosures to consumers regarding AI-generated content, including any disclosures required under applicable FTC guidance on AI in advertising.

5.3 FTC Indemnification

You agree to defend, indemnify, and hold harmless 1Cent Text from any FTC enforcement actions, civil investigative demands, or third-party claims arising from your advertising content, including content generated with AI assistance that you reviewed, approved, and published.

6. AI Content Responsibility

6.1 Electronic Acknowledgment Requirement

Before using any AI-powered feature, you will be presented with an AI Content Responsibility Disclosure. You must electronically acknowledge this disclosure by checking a confirmation box and entering your initials. This acknowledgment constitutes a legally binding electronic signature under the Electronic Signatures in Global and National Commerce Act (ESIGN Act, 15 U.S.C. § 7001 et seq.) and the Uniform Electronic Transactions Act (UETA).

1Cent Text records and permanently retains the following information at the time of your acknowledgment: your typed initials, the date and time of acknowledgment (UTC), your IP address, and the version of the disclosure accepted. This record constitutes your electronic signature and may be used as evidence in any legal proceeding.

6.2 You Are the Publisher

1Cent Text provides AI tools as a service. You are solely responsible for all content generated, reviewed, modified, approved, and published through the Service. This includes SMS messages, social media posts, offer descriptions, and any other content created with AI assistance. 1Cent Text is not the author, publisher, or distributor of your content.

6.3 Review Obligation

You acknowledge and agree that you must review all AI-generated content before sending or publishing it. You must not send or publish AI-generated content that:

• Contains false, misleading, or inaccurate claims
• Violates any applicable law or regulation
• Infringes on any third-party intellectual property rights
• Violates any platform terms of service (including Facebook and Instagram)
• Would be considered deceptive or unfair under FTC standards

6.4 AI Limitations Acknowledgment

You acknowledge that AI-generated content may contain errors, inaccuracies, hallucinations, or content that is inappropriate for your specific business context.1Cent Text makes no warranty regarding the accuracy, completeness, or fitness for purpose of any AI-generated content. You assume all risk associated with publishing AI-generated content.

6.5 Content Origin Tracking

The Service automatically tracks the origin of campaign message content using the following classifications:

• AI Written: Content generated entirely by 1Cent Text AI with no modifications by you
• AI + Edited: Content initially generated by 1Cent Text AI and subsequently modified by you
• Owner Written: Content written entirely by you without AI assistance

These classifications are stored permanently with each campaign record and may be used in the event of a dispute to establish the origin and editorial responsibility for published content. Regardless of classification, you are the publisher and bear full legal responsibility for all content sent through your account.

6.6 Auto-Post Monitoring Obligation

If you use the Auto-Post feature to automatically publish AI-generated content to social media platforms, you acknowledge that you remain responsible for monitoring the content queue and removing any content that does not meet your review standards before it is published. Enabling Auto-Post does not relieve you of your review obligation under Section 6.3.

6.7 AI Indemnification

You agree to defend, indemnify, and hold harmless 1Cent Text and its officers, directors, employees, and agents from any claims, liabilities, damages, or expenses (including attorneys' fees) arising from: (a) AI-generated content that you published through the Service; (b) your failure to review AI-generated content before publishing; (c) inaccurate, misleading, or unlawful claims in AI-generated content you published; or (d) any violation of third-party intellectual property rights in AI-generated content you published.

7. Data Retention and Message Records

7.1 Sent Campaign Retention

1Cent Text permanently retains records of all sent SMS campaigns, including the message text, send timestamp, recipient count, delivery status, content origin classification, and linked offer details. These records are retained for a minimum of seven (7) years and are not deleted when you archive or delete a campaign from your dashboard. Archiving a campaign removes it from your active view but does not delete the underlying record.

7.2 AI Disclosure Records

Records of your AI Content Responsibility Disclosure acceptance — including your initials, timestamp, IP address, and disclosure version — are retained permanently and are never deleted, even upon account cancellation or termination.

7.3 Contact and Opt-In Records

Opt-in records for your contacts, including opt-in timestamp, opt-in source, and phone number, are retained for a minimum of seven (7) years to support TCPA compliance documentation. You are responsible for maintaining accurate opt-in records for all contacts in your account.

7.4 Account Data After Termination

Upon cancellation or termination, your non-sent data (drafts, settings, contact lists) will be retained for 90 days, during which you may request an export. After 90 days, non-sent data will be permanently deleted. Sent campaign records and AI disclosure records are retained permanently regardless of account status.

8. Pricing and Payment

8.1 Subscription Fees

The Service is offered on a subscription basis. Subscription fees are billed monthly or annually in advance. All fees are non-refundable except as expressly set forth in these Terms or required by applicable law.

8.2 Per-Message Fees

In addition to subscription fees, you will be charged a low per-SMS fee for each message sent. The current per-SMS rate is displayed on your Billing page and may be updated in accordance with Section 8.3. Message credits are pre-purchased and deducted from your account balance as messages are sent. Credits do not expire while your account remains active.

8.3 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increases via email to your registered email address. Continued use of the Service after the effective date of a price change constitutes acceptance of the new pricing.

8.4 Taxes

All fees are exclusive of applicable taxes. You are responsible for paying all taxes associated with your use of the Service.

9. Cancellation and Termination

9.1 Cancellation by You

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation takes effect at the end of the current billing period. You will retain access to the Service until the end of the paid period. No refunds are provided for unused portions of a subscription period.

9.2 Termination by Us

We may suspend or terminate your account immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will immediately cease. Unused message credits are non-refundable upon termination for cause.

10. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of 1Cent Text and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of 1Cent Text.

You retain ownership of all content you upload to the Service, including contact data and message content. By using the Service, you grant us a limited license to use, store, and process your content solely for the purpose of providing the Service.

AI-generated content produced by the Service using your inputs is provided to you for your use. You are responsible for ensuring that AI-generated content does not infringe on third-party intellectual property rights before publishing it.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

We do not warrant that the Service will be uninterrupted, error-free, or completely secure. SMS delivery is subject to carrier availability and we cannot guarantee 100% delivery rates. AI-generated content is provided without warranty of accuracy, completeness, or fitness for any particular purpose.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL 1CENT TEXT, ITS AFFILIATES, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY AI-GENERATED CONTENT YOU PUBLISH THROUGH THE SERVICE.

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING UNDER THESE TERMS SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THREE (3) MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to defend, indemnify, and hold harmless 1Cent Text and its officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of the Service
• Your violation of any law or regulation, including TCPA and FTC regulations
• Your violation of any third-party rights, including intellectual property rights
• TCPA violations resulting from your messaging campaigns
• FTC enforcement actions arising from your advertising content
• Claims arising from AI-generated content you reviewed, approved, and published
• Your failure to obtain proper consent from SMS recipients

14. Dispute Resolution and Arbitration

Any dispute, controversy, or claim arising out of or relating to these Terms or the Service shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules. The arbitration shall take place in Florida. The arbitrator's decision shall be final and binding.

Class Action Waiver: You agree that any arbitration or proceeding shall be limited to the dispute between us individually. You waive any right to participate in a class action lawsuit or class-wide arbitration.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent irreparable harm.

15. Governing Law

These Terms shall be governed and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict of law provisions. Subject to the arbitration clause above, any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Florida.

16. Changes to Terms

We reserve the right to modify or replace these Terms at any time at our sole discretion. We will provide at least 30 days' notice of material changes via email and via an in-app notification banner. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised Terms.

17. Contact Us

If you have any questions about these Terms, please contact us: