Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern your access to and use of AlertBolt, a multi-channel notification platform provided by Tridacom IT Solutions Inc. ("we," "us," "our," or "AlertBolt"). By accessing or using AlertBolt ("Service"), you agree to be bound by these Terms and our Privacy Policy.

If you do not agree to these Terms, you must not access or use the Service.

We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting. Your continued use of the Service after changes constitutes acceptance of the modified Terms.

2. Description of Service

AlertBolt is a cloud-based communication platform that enables organizations to send SMS/MMS, Email, and Microsoft Teams notifications to contacts. The Service includes:

• Multi-channel message delivery (SMS, MMS, Email, Teams)
• Contact management and segmentation
• Campaign creation and management
• TCPA and CAN-SPAM compliance tools
• 10DLC and toll-free number registration
• Message history, analytics, and reporting
• API access for programmatic messaging

We reserve the right to modify, suspend, or discontinue any aspect of the Service at any time, with or without notice.

3. Account Registration and Security

3.1 Account Creation

To use the Service, you must create an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and promptly update your account information
• Be at least 18 years of age or the age of majority in your jurisdiction
• Represent that you have authority to bind your organization to these Terms

3.2 Account Security

You are responsible for:

• Maintaining the confidentiality of your password and account credentials
• All activities that occur under your account, whether authorized by you or not
• Immediately notifying us of any unauthorized use or security breach

We are not liable for any loss or damage arising from your failure to protect your account credentials.

3.3 Organization Accounts

If you are registering on behalf of an organization, you represent that you have the authority to bind that organization to these Terms. The organization is responsible for all actions taken under the account.

4. Permitted Use and Restrictions

4.1 Permitted Use

You may use the Service only for lawful purposes and in accordance with these Terms. Permitted uses include:

• Emergency alerts and safety notifications
• Operational updates and system status notifications
• Workforce communications (shift reminders, policy updates)
• Transactional messages (appointment reminders, order confirmations)
• Marketing messages with proper consent

4.2 Prohibited Use

You agree NOT to use the Service to:

• Send messages without consent: You must obtain prior express written consent before sending marketing messages. Emergency alerts may be sent to employees without prior consent if permitted by law.
• Violate laws or regulations: Including TCPA, CAN-SPAM, GDPR, CCPA, anti-spam laws, or any other applicable regulations.
• Send prohibited content: Including (but not limited to) illegal content, hate speech, harassment, threats, pornography, SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco), phishing, fraud, or scams.
• Abuse or harm the Service: Including denial-of-service attacks, attempting to gain unauthorized access, reverse engineering, or interfering with other users.
• Spam or excessive messaging: Sending unsolicited bulk messages, robocalls, or messages at unreasonable hours (before 8 AM or after 9 PM local time).
• Share or resell the Service: You may not resell, sublicense, or provide access to the Service to third parties without our written permission.
• Impersonate others: Falsely representing your identity or affiliation with any person or organization.

4.3 Compliance Responsibility

You are solely responsible for ensuring compliance with all applicable laws and regulations. AlertBolt provides compliance tools, but we do not guarantee that your use of the Service is compliant. You must:

• Obtain proper consent before sending messages
• Honor all opt-out requests immediately
• Maintain records of consent (we store opt-in/opt-out data, but you are responsible for the method of consent)
• Register for 10DLC or toll-free verification as required
• Comply with carrier-specific requirements and best practices

5. Content and Data

5.1 Your Content

You retain ownership of all content, contacts, and messages you upload or send through the Service ("Your Content"). By using the Service, you grant us a limited, non-exclusive, royalty-free license to:

• Store, transmit, and process Your Content to provide the Service
• Use anonymized, aggregated data for analytics and service improvement
• Display Your Content in the Service dashboard and reports

This license terminates when you delete Your Content or close your account.

5.2 Content Standards

You represent and warrant that Your Content:

• Does not violate any third-party rights (copyright, trademark, privacy, etc.)
• Does not violate any laws or regulations
• Is accurate and not misleading
• Does not contain viruses, malware, or harmful code

5.3 Content Monitoring

We reserve the right (but have no obligation) to monitor, review, or remove Your Content if we believe it violates these Terms, applicable law, or carrier policies. We may suspend or terminate accounts that repeatedly violate these Terms.

6. Fees and Payment

6.1 Subscription Fees

AlertBolt offers multiple subscription tiers (Starter, Professional, Business, Enterprise). Fees are billed monthly or annually based on your selected plan. All fees are non-refundable except as required by law or as stated in our refund policy.

6.2 Usage-Based Fees

Each plan includes a monthly SMS credit allotment. Overage charges apply if you exceed your allotment:

• Starter: $0.015/SMS
• Professional: $0.012/SMS
• Business: $0.010/SMS
• Enterprise: Custom pricing

Email and Microsoft Teams messages are included at no additional cost (subject to fair use limits).

6.3 Carrier Fees

10DLC Brand registration ($4 one-time) and Campaign registration ($15 one-time per campaign) fees are charged by The Campaign Registry (TCR) and are non-refundable. Your first Brand and Campaign registration are included in Professional and higher plans.

Phone number fees: Local numbers ($1.50/mo), Toll-Free numbers ($2.50/mo), Number porting ($5 one-time).

6.4 Payment Terms

• Payment is due in advance for monthly/annual subscriptions.
• Overage charges are billed at the end of each billing period.
• All payments are processed by Stripe. We do not store full credit card details.
• If payment fails, we will attempt to charge your card up to 3 times. After 3 failed attempts, your account may be suspended.
• You are responsible for all taxes, duties, and other governmental charges.

6.5 Refund Policy

We offer a 30-day money-back guarantee for new customers. If you are not satisfied within the first 30 days, contact us at billing@alertbolt.com for a full refund. After 30 days, all subscription fees are non-refundable. Overage charges, carrier fees, and number fees are non-refundable.

6.6 Plan Changes

You may upgrade or downgrade your plan at any time. Upgrades take effect immediately. Downgrades take effect at the end of your current billing period. Unused credits roll over for 30 days.

7. Intellectual Property Rights

7.1 AlertBolt IP

AlertBolt and all related trademarks, logos, service marks, software, documentation, and intellectual property are owned by Tridacom IT Solutions Inc. These Terms do not grant you any rights to our intellectual property except as necessary to use the Service.

7.2 Restrictions

You may not:

• Copy, modify, or create derivative works of the Service
• Reverse engineer, decompile, or disassemble the Service
• Remove or alter any proprietary notices or labels
• Use our trademarks without prior written permission

7.3 Feedback

If you provide feedback, suggestions, or ideas about the Service, we may use them without any obligation to compensate you. You grant us a perpetual, irrevocable, worldwide, royalty-free license to use such feedback.

8. Warranties and Disclaimers

8.1 Service Availability

We strive to maintain 99.9% uptime (as defined in our SLA for Business and Enterprise customers). However, we do not guarantee uninterrupted access. The Service may be unavailable due to maintenance, updates, carrier issues, or force majeure events.

8.2 Disclaimer of Warranties

9. Limitation of Liability

9.1 Examples of Non-Liability

We are not liable for:

• TCPA, CAN-SPAM, or other regulatory violations caused by your use of the Service
• Fines, penalties, or legal fees resulting from your non-compliance
• Message delivery failures due to carrier issues, invalid numbers, or opt-outs
• Unauthorized access to your account due to your failure to protect credentials
• Loss of business, revenue, or profits due to Service unavailability
• Third-party actions (carrier filtering, Microsoft Teams integration issues, etc.)

10. Indemnification

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

• Your use or misuse of the Service
• Your violation of these Terms
• Your violation of any laws or regulations (including TCPA, CAN-SPAM, GDPR, CCPA)
• Your Content or messages sent through the Service
• Infringement of third-party rights (copyright, trademark, privacy, etc.)
• Claims by recipients of your messages (harassment, spam, etc.)

We reserve the right to assume exclusive defense and control of any matter subject to indemnification, and you agree to cooperate with our defense.

11. Termination

11.1 Termination by You

You may terminate your account at any time by contacting support@alertbolt.com or using the account closure feature in your dashboard. Termination takes effect at the end of your current billing period. You remain responsible for all fees incurred prior to termination.

11.2 Termination by Us

We may suspend or terminate your account immediately if:

• You violate these Terms
• You fail to pay fees when due (after 3 failed payment attempts)
• Your use of the Service poses a security risk or violates laws
• We receive carrier complaints or legal demands related to your use
• You engage in abusive, fraudulent, or prohibited activities

We will provide notice of termination when reasonably possible, but we are not obligated to do so for serious violations. We are not liable for any loss or damage resulting from termination.

11.3 Effect of Termination

Upon termination:

• Your access to the Service is immediately revoked
• You must pay all outstanding fees
• We may delete Your Content after 90 days (export your data before termination)
• Provisions that by their nature should survive (payment obligations, indemnification, limitation of liability) will continue to apply

12. Dispute Resolution and Governing Law

12.1 Governing Law

These Terms are governed by the laws of the Province of Alberta, Canada, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

12.2 Arbitration Agreement

You and AlertBolt agree to resolve disputes through binding arbitration, not in court.

Exceptions: You may bring claims in small claims court if they qualify, and either party may seek injunctive relief for intellectual property infringement or unauthorized access.

Arbitration will be conducted by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitrator's decision is final and binding. Judgment on the award may be entered in any court.

12.3 Class Action Waiver

You agree to bring claims only in your individual capacity, not as part of a class action, collective action, or representative proceeding.

12.4 Informal Dispute Resolution

Before filing arbitration or litigation, you agree to contact us at legal@alertbolt.com to attempt informal resolution. We will work in good faith to resolve disputes within 60 days.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and any additional policies referenced herein, constitute the entire agreement between you and AlertBolt regarding the Service.

13.2 Amendments

We may modify these Terms at any time. Material changes will be communicated via email and/or a notice in the Service. Your continued use after changes constitutes acceptance.

13.3 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

13.4 No Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision or our right to enforce it in the future.

13.5 Assignment

You may not assign these Terms or your account without our prior written consent. We may assign these Terms without restriction (e.g., in connection with a merger or acquisition).

13.6 Force Majeure

We are not liable for delays or failures in performance due to events beyond our reasonable control, including carrier outages, natural disasters, acts of government, labor disputes, or internet failures.

13.7 Export Control

You agree to comply with all U.S. export control laws and regulations. You may not use the Service in countries subject to U.S. embargoes or sanctions.

14. Contact Information

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