Terms of Service

1. Eligibility and User Representations

1. You have full legal capacity to agree to these Terms.
2. You are at least 13 years old (and have parental consent if a minor).
3. You will not access the Service via automated means (e.g., bots, scripts).
4. Your use complies with all applicable local, state, federal, and international laws.
5. All information you provide is accurate, current, and complete. False or misleading information allows us to suspend or terminate your account immediately.

2. Subscriptions and Access

• The Service operates on subscription plans detailed on our Website.
• Free trials (if offered) convert to paid subscriptions at the end of the trial period unless canceled prior.
• Subscriptions automatically renew (monthly or annually) unless canceled in accordance with Section 4.
• You authorize recurring charges to your payment method on file.
• Usage limits apply based on your tier; exceeding permitted limits may require automatic upgrades or additional usage fees.

3. Payments and Billing

• Fees are charged as shown at signup or upgrade and are billed in advance.
• We process payments via Stripe or other third-party payment providers. Your use of payment processing features is governed by Stripe’s Services Agreement (https://stripe.com/legal). We are not a direct payment processor.
• You must keep all billing and payment information current.
• All fees exclude taxes, levies, or duties imposed by taxing authorities; you are responsible for paying all applicable taxes.
• Failed payment attempts may trigger automatic retries, late fees, or immediate account suspension.
• We reserve the right to adjust pricing with at least 30 days’ advance notice via email or in-account notification.

4. Refund and Cancellation Policy

• Subscription fees are non-refundable for active periods of access or use.
• New paid subscriptions (excluding renewals or upgrades) qualify for a full refund if canceled within 14 days of initial signup, provided usage remains minimal.
• Prorated refunds for annual plans are issued solely at our discretion (e.g., in cases of unresolved, prolonged service disruptions).
• Downgrades or cancellations retain access until the end of the current billing cycle; partial refunds are not provided.
• You may cancel your subscription at any time via your account dashboard under the Billing section.
• Data Export: Export your data prior to cancellation. We may permanently delete Customer Data 30 days after account termination (extended export windows are available upon written request).

5. Customer Data

• You retain full ownership rights to all data you upload, input, or generate via the Service (“Customer Data”), including contacts, leads, invoices, messages, and related materials.
• You grant us a limited, worldwide, non-exclusive, royalty-free license to host, copy, transmit, display, and process Customer Data solely to provide, maintain, secure, and improve the Service, comply with law, and generate anonymized/aggregated usage analytics.
• AI Training Exclusion: We will not use your Customer Data to train public AI models or for unrelated commercial purposes without your explicit opt-in consent.
• We maintain administrative, physical, and technical safeguards to protect Customer Data and will notify you of security breaches affecting your data as required by law. You remain responsible for maintaining independent backups.

6. Intellectual Property

• The Service, including source code, database architecture, design assets, website layout, trademarks, and logos (“Our IP”), is owned by or licensed to us and protected by U.S. and international intellectual property laws.
• We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service during your subscription for internal business operations only.
• You may not copy, reproduce, modify, reverse-engineer, decompile, or commercially exploit Our IP without express written permission.

7. User-Generated Content and License

• The Service may permit you to submit, post, or transmit content (“Contributions”). Contributions are considered non-confidential.
• You warrant that your Contributions do not violate third-party rights, are accurate, legal, non-harassing, and comply with CTIA messaging guidelines and applicable laws.
• By submitting Contributions, you grant us a worldwide, royalty-free license to store, process, and display them solely as required to operate the Service. You retain ownership of all Contributions. We reserve the right to remove any Contribution that violates these Terms without prior notice.

8. Prohibited Activities

• Use the Service for unauthorized commercial distribution, spamming, or competing directly with Anthem Software.
• Systematically scrape, harvest, or mine data from the Service.
• Circumvent security measures, probe vulnerabilities, or transmit malware/viruses.
• Send unsolicited bulk SMS/MMS messages or violate TCPA, CAN-SPAM, CTIA, or A2P 10DLC compliance rules.
• Engage in fraudulent billing, impersonation, or harassment.
• Transmit prohibited messaging content (including SHAFT: Sex, Hate, Alcohol, Firearms, Tobacco, Cannabis/CBD, Gambling, or deceptive financial products).

9. Anthem Software SMS Terms & Conditions (A2P 10DLC Compliant)

Mandatory Disclosure: This Section governs SMS/MMS text messages sent directly by Anthem Software to you (e.g., account alerts, security verification, support updates, and service-related notifications).

• Program Name & Description: By providing your mobile number and opting in, you consent to receive recurring automated text messages (SMS/MMS) from Anthem Software. Messages include account alerts, two-factor authentication, service updates, appointment reminders, billing notifications, and responses to customer service inquiries. Consent is not a condition of purchasing any goods or services.
• Message Frequency: Message frequency varies depending on your interactions with us, account settings, and service requests.
• Cost & Tariff Disclosures: Message and data rates may apply. Standard rates from your mobile carrier will apply depending on your wireless plan. Check with your cellular provider for details.
• Opt-Out / Cancellation: You can cancel or opt out of the SMS service at any time. Text “STOP” to any text message you receive from us. Upon sending “STOP”, we will send you a single SMS confirmation to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us unless you explicitly opt back in.
• Help & Support: For assistance or information regarding our text messaging program, text “HELP” to any message you receive from us, email us at [email protected], or visit our contact page at https://anthemsoftware.com/contact/.
• Carrier Disclaimer: Carriers are not liable for delayed or undelivered messages. Wireless providers (such as AT&T, T-Mobile, Verizon, etc.) do not guarantee message delivery and are not responsible for technical delays or failed transmissions.
• Privacy & Mobile Data Safeguards: No mobile information will be shared with third parties or affiliates for marketing or promotional purposes. All categories of opt-in data and consent exclude text messaging originator opt-in data and consent; this information will not be shared, sold, rented, or transferred to any third party.
• Quiet Hours Compliance: Outbound messaging will strictly adhere to local time regulations and quiet hour rules (no promotional messages prior to 8:00 a.m. or after 9:00 p.m. in your recipient time zone).

10. Platform Customer SMS & Campaign Obligations (A2P 10DLC Rules for Users)

1. Express Opt-In Consent Required: You must obtain explicit, verifiable prior express written consent before sending any commercial or marketing text messages. Consent forms must clearly display your brand name, message frequency, rate disclosures (“Message and data rates may apply”), and opt-out instructions.
2. Prohibited SMS Content (SHAFT & High-Risk Categories): You are strictly prohibited from utilizing Anthem Software’s platform to send messages related to:

    

   • Cannabis, CBD, Hemp, or illegal substances.
   • High-risk financial services, payday loans, crypto, or debt relief.
   • Sexually explicit content, hate speech, harassment, or profanity.
   • Firearms, weapons, alcohol, or tobacco products.
   • Deceptive affiliate marketing, work-from-home scams, or lead-generation schemes.
3. Automatic Opt-Out Recognition: You must honor all STOP, END, CANCEL, UNSUBSCRIBE, and QUIT requests immediately and maintain an automated opt-out mechanism.
4. Brand & Campaign Registration: You agree to submit accurate business entity information required for A2P 10DLC Brand and Campaign Registration with The Campaign Registry (TCR). Misrepresentation of brand details or sending unregistered traffic may result in carrier fines, carrier blocking, and immediate termination of messaging privileges on our platform.
5. Indemnification for SMS Non-Compliance: You agree to fully indemnify and hold harmless Anthem Software against any fines, carrier penalties, statutory damages (including TCPA claims), or legal fees resulting from your failure to obtain proper SMS consent or comply with A2P 10DLC policies.

11. Third-Party Links and Content

12. Term, Termination, and Suspension

• These Terms remain in force while you access or use the Service.
• We reserve the right to suspend or terminate your account immediately, without notice or refund, for violation of these Terms, non-payment, or illegal activity.
• Upon termination, your right to use the Service ceases. Provisions regarding Intellectual Property, Indemnification, Limitations of Liability, and Dispute Resolution survive termination.

13. Disclaimers and Limitations of Liability

14. Indemnification

• Your use of and access to the Service (including SMS messaging features).
• Your breach of any provision of these Terms or A2P 10DLC guidelines.
• Your violation of any third-party right, including copyright, trademark, privacy, or TCPA consent regulations.

15. Dispute Resolution & Binding Arbitration

1. Informal Dispute Resolution: Before filing any formal legal claim, you agree to attempt to resolve disputes informally by contacting [email protected] for at least 30 days.
2. Binding Mandatory Arbitration: Any unresolved dispute, controversy, or claim arising out of or relating to these Terms shall be settled by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.
3. Venue & Applicable Law: Arbitration proceedings shall take place in Jacksonville, Florida, and shall be governed by the laws of the State of Florida, without regard to conflict of law principles.
4. Class Action Waiver: ALL CLAIMS MUST BE BROUGHT IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

16. Miscellaneous

• Entire Agreement: These Terms constitute the entire agreement between you and Anthem Software regarding the Service.
• Waiver & Severability: Failure to enforce any right does not constitute a waiver. If any provision is deemed invalid or unenforceable, the remaining provisions remain in full force.
• Assignment: You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.
• Electronic Communications: You consent to receive communications from us electronically (via email, account alerts, or SMS) and agree that electronic notices satisfy legal notice requirements.
• Contact Information: For questions or legal notices, contact us at: