Terms of use

1. Acceptance of terms

By creating an account or using the twentythirtyfive platform (“Service”), you agree to these Terms of Use and our Privacy Policy. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization. If you do not agree, do not use the Service.

2. Description of service and third-party providers

twentythirtyfive provides an SMS fundraising and messaging platform. The Service is built and operated using third-party infrastructure and services: Vercel (hosting), Supabase (database and authentication), Twilio (SMS), Resend (email), and Stripe (payments). Use of the Service is subject to these terms, applicable law, and the applicable policies of those providers where they govern your use (e.g. Twilio’s Acceptable Use Policy and Messaging Policy for SMS; Stripe’s terms for payments).

Relevant provider policies: Twilio AUP, Twilio Messaging Policy; Resend Terms; Stripe Terms; Vercel Terms; Supabase Terms.

3. Compliance with Twilio policies and messaging laws

Our Service uses Twilio for SMS delivery. You must comply with:

• Twilio Acceptable Use Policy (and any Service and Country Specific Requirements referenced therein); and
• Twilio Messaging Policy (consent, opt-out, sender identification, content, and usage rules).

You also must comply with all applicable messaging and privacy laws, including without limitation the TCPA (United States), CASL (Canada), and equivalent laws in other jurisdictions where you or your recipients are located.

4. Consent, opt-out, and sender identification

You agree to:

• Obtain clear consent from each message recipient before sending the first message, and keep records of that consent.
• Include clear opt-out language in your initial message (e.g. “Reply STOP to unsubscribe” or equivalent standard opt-out keyword such as STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT).
• Honor opt-out requests immediately and not send further messages after a recipient opts out except one final confirmation message.
• Clearly identify yourself (or your organization) as the sender in your messages, except in follow-up messages within an ongoing conversation.

5. Prohibited content and conduct

You must not use the Service to send content that is illegal, deceptive, harmful, fraudulent, harassing, or that violates others’ rights. Without limiting the foregoing, you must not send messages that:

• Violate applicable law in the recipient’s jurisdiction (e.g. in the United States: cannabis/CBD marketing, prescription medication offers, or other prohibited content).
• Constitute hate speech, harassment, or malicious content (e.g. malware).
• Are designed to evade messaging filters or detection (e.g. snowshoeing, misleading opt-out wording).

Where the Service involves email (e.g. notifications), you must comply with our email provider’s acceptable use policy (e.g. Resend’s AUP). You are responsible for all messaging and communications activity under your account and for ensuring that your use complies with our providers’ policies and applicable law. We may suspend or terminate your access if we determine you or your use violates these terms or our providers’ policies.

6. Account and payment

You are responsible for maintaining the security of your account and for all activity under it. Fees for credits and other charges are as presented in the Service. Payments are processed by Stripe; by paying through the Service you also agree to Stripe’s terms to the extent they apply to your payment. Payment terms (including refunds) are as stated at the time of purchase. We may suspend the Service for non-payment or for violation of these terms.

7. Intellectual property and data

We retain ownership of the Service, our technology, and our branding. You retain ownership of your data. You grant us the rights necessary to operate the Service (e.g. to transmit messages and store your data). Our use of your data is described in our Privacy Policy.

8. Disclaimers and limitation of liability

The Service is provided “as is.” We disclaim warranties to the fullest extent permitted by law. We are not liable for indirect, incidental, special, or consequential damages, or for any loss of data or messaging delivery failures beyond our reasonable control. Our total liability is limited to the amount you paid us in the twelve (12) months preceding the claim.

9. Termination

We may suspend or terminate your account and access to the Service at any time for breach of these terms, violation of our providers’ policies (e.g. Twilio, Resend) or applicable law, or for operational or security reasons. You may stop using the Service at any time. Provisions that by their nature should survive (e.g. liability limits, indemnity, governing law) will survive termination.

10. General and contact

These terms are governed by the laws of the jurisdiction in which twentythirtyfive operates. We may update these terms; continued use after the effective date of changes constitutes acceptance. For legal or compliance inquiries, contact us at support@twentythirtyfive.ca. To report abuse related to Twilio’s policies, you may also contact Twilio’s abuse reporting.