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LEGAL

Terms of Service

Last updated: July 2026

Plain English (non-binding)
Legally Binding Terms

It's important that you review and understand these terms before using our Scaling Suite and services. If you don't agree to these terms, don't accept them, make a Scaling Suite account, or use our Scaling Suite or services.

Only the terms on the right are legally binding. The terms on the left are not legally binding. They are only provided for your convenience. If you have questions about what the terms on the right mean, you should talk to a lawyer.

We might update these terms from time to time. We'll let you know when we do. If you keep using the Scaling Suite after we update the terms, that means you agree to the updated terms.

Always speak to a lawyer to make sure you understand and comply with these terms. Note that there are terms included here that limit your rights, such as warranty disclaimers, limitations of liability, and a mandatory arbitration clause.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. ONCE ACCEPTED, THESE TERMS OF SERVICE, IN COMBINATION WITH OUR PRIVACY POLICY (COLLECTIVELY THE "TERMS"), BECOME A BINDING LEGAL COMMITMENT BETWEEN YOU (OR THE BUSINESS ENTITY THAT YOU REPRESENT) AND RFM Digital, LLC AND ITS RESPECTIVE OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (HEREINAFTER REFERRED TO AS "RFM Digital, LLC," "WE" OR "US") AND WILL GOVERN YOUR ACCESS TO AND USE OF THE Scaling Suite AND ALL OTHER INTERACTIONS WITH RFM Digital, LLC RELATED TO THE Scaling Suite.

ONLY THE TERMS IN THIS RIGHT COLUMN ARE LEGALLY BINDING. THE EXPLANATIONS IN THE COLUMN TO THE LEFT ARE FOR INFORMATIONAL PURPOSES ONLY AND NON-BINDING.

IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT ACCEPT THEM, CREATE AN ACCOUNT, OR USE THE Scaling Suite. IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS OF SERVICE AND THE ADDITIONAL AGREEMENTS INCORPORATED HEREIN BY REFERENCE, THESE TERMS OF SERVICE SHALL PREVAIL.

RFM Digital, LLC reserves the right to make changes to these Terms at any time. All changes are effective immediately when posted. Your continued use of the Scaling Suite following the posting of any revised Terms constitutes your acceptance and agreement to the updated Terms.

You should consult a lawyer for legal advice to ensure your use of the Scaling Suite complies with these Terms and applicable law.

1. Use of Scaling Suite

You have to be at least 18 years old to use our Scaling Suite and services.
1.1. Age Restrictions. You must be at least 18 years old to use the Scaling Suite. By accepting these Terms, creating a Scaling Suite Account, or using the Scaling Suite, you represent that you are at least 18 years old. You must not create a Customer account unless you are at least 18 years of age. If you are a parent or legal guardian permitting a person who is at least 13 years of age but under 18 years of age (a “Minor”) create a Customer account and/or use the Scaling Suite, you agree to: (i) supervise the Minor’s use of the Scaling Suite and their account; (ii) assume all risks associated with, and liabilities resulting from, the Minor’s use of the Scaling Suite and their Customer account; (iii) ensure that the content on the Scaling Suite is suitable for the Minor; (iv) ensure all information submitted to us by the Minor is accurate; and (v) provide the consents, representations and warranties contained in the Terms on the Minor’s behalf.
The person who accepts these terms is the owner of the Scaling Suite account. If you accepted the terms on behalf of a business entity, the business entity is the owner of the Scaling Suite account.
1.2. Scaling Suite Account Ownership. Your use of the Scaling Suite is conditioned on your provision of complete, current, and accurate information when registering for a Scaling Suite Account. The Scaling Suite is intended for business use or in connection with an individual's trade, craft, or profession. As the individual who accepts these Terms, You are the owner of the Scaling Suite Account unless You are acting on behalf of a business entity, in which case, the business entity is the owner of the Scaling Suite Account. If You accept these Terms on behalf of a business entity, You represent and warrant that you have the authority to bind the business entity to these terms.
You can't use our Scaling Suite in a way that breaks our rules or the law. You are responsible for making sure you and your customers' use of the Scaling Suite and services is compliant with applicable laws and regulations.
1.3. Intended Use. You and your customers may use the Scaling Suite only as intended for lawful purposes and in accordance with these Terms. You agree that You and Your customers will not use the Scaling Suite in any way that violates any applicable law or regulation or engage in any Prohibited Uses. In addition, you represent and warrant that: (i) You and Your customers will maintain in effect all licenses, permissions, authorizations, consents, and permits necessary to carry out the obligations under these Terms; (ii) You are fully responsible for your actions and the actions of your employees, agents, and customers who use the Scaling Suite; (iii) You are fully responsible for the use of the Scaling Suite by your customers; (iv) You, your employees, agents and customers will not misrepresent the Scaling Suite or the Services; (v) You will provide these Terms to your employees, agents, and customers and confirm that all employees, agents, and customers understand that they are subject to these Terms if they use or offer access to the Scaling Suite; (vi) You own or control all rights in and to all content you provide to RFM Digital, LLC, including, but not limited to, any code provided to customize the Scaling Suite for your customers; (vii) You will be solely responsible for your use of the Scaling Suite, including the quality and integrity of any data and other information, including Information, made available to us by or for you through the use of the Scaling Suite; and (viii) You, your employees, and your customers will provide reasonable cooperation regarding information requests from law enforcement, regulators, or telecommunication providers.
We take privacy seriously. Make sure to read our Privacy Policy and Data Processing Agreement. You also need to have a Privacy Policy of your own that you make available to your customers.
1.4. Privacy. By using the Scaling Suite and providing Information on or through the Scaling Suite, you consent to RFM Digital, LLC's use and disclosure of the Information in accordance with the Privacy Policy available here and incorporated herein by reference. You agree that RFM Digital, LLC has no responsibility or liability for the deletion or failure to store any Information or content maintained or transmitted on or through the Scaling Suite. When you provide your customers with access to the Scaling Suite, you must implement and enforce your own Privacy Policy, providing the level of protection at least equal to that provided to you by RFM Digital, LLC. You must obtain consent from your customers, affirmatively acknowledging that your customers agree to be bound by your privacy policy. You represent and warrant that you have provided, and will continue to provide, adequate notices and have obtained, and will continue to obtain, the necessary permissions and consents to provide your customers' data to us for use and disclosure in accordance with these Terms and our Privacy Policy.
Keep your Login Credentials confidential. Let us know if you think someone has gained unauthorized access to your account.
1.5. Login Credentials. You are responsible for maintaining the confidentiality of your Login Credentials. You are responsible for all uses of your Scaling Suite Account and Login Credentials, whether or not authorized by you. You agree to notify RFM Digital, LLC immediately of any unauthorized access to or use of your Scaling Suite Account or Login Credentials or any other breach of security. RFM Digital, LLC reserves the right to disable your Login Credentials at any time in its sole discretion for any or no reason, including if, in RFM Digital, LLC's opinion, you have violated any provision of these Terms. Scaling Suite Accounts are non-transferable. You are obligated to take preventative measures to prohibit unauthorized users from accessing your Scaling Suite Account with your Login Credentials.
We are a Scaling Suite provider ONLY. We don't originate, send, or deliver any communications on your behalf. If you use any of the communication services features on our Scaling Suite, you are responsible for making sure your communications comply with applicable laws, including but not limited to the Telephone Consumer Protection Act (TCPA) and CAN-SPAM Act.
1.6. Use of Communication Services. The Scaling Suite may include certain communications features such as SMS, MMS, email, voice call capabilities and other methods. If You use these features, You agree that You are exclusively responsible for all communications sent using the Scaling Suite, including compliance with all laws governing those communications such as the Telephone Consumer Protection Act (“TCPA”) and the CAN-SPAM Act. You represent and warrant that you understand and will comply with those laws. RFM Digital, LLC is not responsible for your compliance with laws and does not represent that your use of the Scaling Suite will comply with any laws. RFM Digital, LLC is a technology Scaling Suite communication service application provider ONLY. RFM Digital, LLC does not originate, send, or deliver any communications to any recipient via SMS, MMS, email, or other communication method. You control the message, timing, sending, fraud prevention, and call blocking. All communications, whether SMS, MMS, email or otherwise, are created by and initiated by you and/or your customers, whether generated by You or sent automatically via the Scaling Suite at Your direction.
Some features on our Scaling Suite leverage third-party services. We are not in control of those third party services, so we're not liable for problems that arise from them. If you have been assigned phone numbers or email addresses through our Scaling Suite, we might have to release those if you pause or delete your account.
1.7. Third Party Services. The Scaling Suite may leverage or include access to Third Party Services. RFM Digital, LLC is not responsible for the usability or accessibility of Third Party Services. If you elect to pause or delete some or all of your Scaling Suite Account, certain features or functionality may not be retrievable upon reactivation. If you pause some or all of your Scaling Suite Account for more than thirty (30) days, and RFM Digital, LLC is still incurring costs on your behalf related to Third Party Services, RFM Digital, LLC reserves the right to release the phone number or delete some or all of your Scaling Suite Account in its sole discretion, without liability. RFM Digital, LLC disclaims all liability related to outages or downtime of Third Party Services.
There might be content on our Scaling Suite that was created or provided by third parties. We're not responsible or liable for that content.
1.8. Third Party Content. The Scaling Suite may include Third Party Content. Your use of Third Party Content is entirely at your own risk and discretion. All statements and opinions expressed in Third Party Content are solely the opinions and the responsibility of the third party and do not necessarily reflect the opinion of RFM Digital, LLC. RFM Digital, LLC is not responsible for Third Party Content and makes no endorsements, representations or warranties and assumes no liability, obligation or responsibility for Third Party Content. You are responsible for ensuring that your engagement or transactions with Third Party Content is in compliance with these Terms and any applicable laws.
If you customize the Scaling Suite, make sure your customizations don't infringe anyone's intellectual property rights.
1.9. Customizations. Portions of the Scaling Suite may be modified by you, incorporating your name, logo, trademark, and color scheme into your individual access area within the Scaling Suite. You are solely responsible for copyright, trademark or other intellectual property concerns connected with you and your customers' customized look and feel of the Scaling Suite. You acknowledge that you may not be able to customize the Scaling Suite according to your unique branding to the extent that your customization would appear to be independently developed. RFM Digital, LLC may remove any of your modifications at any time without advance notice and without liability to you.
If you use more data than what's contemplated by your pricing plan, you might be required to upgrade your plan.
1.10. Excessive Use Restrictions. We provide access to the Scaling Suite on a tiered-pricing basis, and some tiers can process more data with less impact on performance. We have no liability for the effect that your excessive data use may have on performance. If, in RFM Digital, LLC's sole discretion, we determine that your data use is excessive, abusive, or has a negative effect on the Scaling Suite in any way, we may (1) require that you upgrade your Services; (2) suspend or terminate your use of the Scaling Suite or Services; and/or (3) reduce the amount of data you are able to use.
We make regular updates to our Scaling Suite, and sometimes those updates might affect the previous mode of operation of the Scaling Suite.
1.11. Scaling Suite Updates. RFM Digital, LLC reserves the right to make updates or changes to the Scaling Suite at any time, including changes that may affect the previous mode of operation of the Scaling Suite. You agree that your use of the Scaling Suite or purchase of Services is not contingent on RFM Digital, LLC's delivery or release of any functionality or feature, including but not limited to the continuation of a certain Service or any third-party services.
We don't allow access to our Scaling Suite by those located in embargoed countries. You are responsible for compliance with any local laws that might be applicable to your use of the Scaling Suite.
1.12. International Use. If you are in an embargoed country or are a sanctioned person or entity, you are prohibited from using the Scaling Suite. RFM Digital, LLC makes no representation that materials on the Scaling Suite are appropriate or available for use in locations outside the United States. Those who choose to access the Scaling Suite from other locations do so on their own initiative and at their own risk. If you choose to access the Scaling Suite from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, Services, and/or information made in connection with the Scaling Suite is void where prohibited.

2. Prohibited Uses

Read this list carefully. These are behaviors that we do not tolerate by users of our Scaling Suite. If you engage in any of these behaviors, we might terminate your Scaling Suite account.
The following are considered Prohibited Uses of the Scaling Suite. Engaging in a Prohibited Use is a material breach of this Agreement for which RFM Digital, LLC may immediately suspend or terminate your Scaling Suite Account: • Use of the Scaling Suite in any way that violates any applicable law or regulation. • Use of the Scaling Suite to exploit, harm, or attempt to exploit or harm anyone in any way. • Use of the Scaling Suite to send, receive, upload, download, use, or re-use any material that does not comply with these Terms. • Use of the Scaling Suite to transmit, or procure the sending of, any unlawful advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation. • Impersonating or attempting to impersonate RFM Digital, LLC, a RFM Digital, LLC employee, another user or any other person or entity. • Engaging in any other conduct that restricts or inhibits anyone's use or enjoyment of the Scaling Suite. • Engaging in any conduct that would may, as determined by RFM Digital, LLC, harm Scaling Suite users or RFM Digital, LLC, or expose either to liability. • Use of the Scaling Suite in any manner that could disable, overburden, damage, or impair the Scaling Suite. • Use of any robot, spider or other automatic device, process or means to access the Scaling Suite for any purpose. • Use of any manual process to monitor or copy any of the material on the Scaling Suite without RFM Digital, LLC's prior written consent. • Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful. • Attempting to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Scaling Suite. • Attacking the Scaling Suite via a denial-of-service attack or a distributed denial-of-service attack.

3. Payment

As a general rule, fees are nonrefundable, and we don't provide refunds or credits. Some subscription fees require minimum commitments. If you decide to pass through any subscription fees to your customers, you cannot mark-up the fees.
a. Fees. Your use of the Scaling Suite is subject to the timely payment of all Fees. Fees may change from time to time. All Fees are exclusive of Communication Surcharges. You will pay all Communications Surcharges associated with your use of the Scaling Suite. Communications Surcharges will be shown as a separate line item on an invoice. All Fees and Communications Surcharges are nonrefundable. Fees will be billed to the credit card we have on file. Fees for subscriptions will be billed in advance of Services. You agree to provide us with accurate and complete billing information and notify us of any changes within 10 days of the change. b. Noncancellable Fees. Some subscriptions for Services require a non-cancellable minimum subscription commitment which cannot be canceled until the commitment is fulfilled. Fees for such non-cancellable minimum subscription commitments will continue to be automatically applied to your bill until the minimum commitment has been achieved. c. No Mark Ups. You may not mark-up or increase any RFM Digital, LLC Fees that you pass through to Your customers or third parties. You are solely responsible for all pass-through Fees and related expenses, including but not limited to refunds and charge backs of such pass-through Fees.
You're responsible for taxes related to the Scaling Suite and transactions you conduct with your customers. We might terminate your account if we can't collect payment from you. If you have a payment dispute, let us know right away.
d. Taxes. You are exclusively responsible for taxes and other governmental assessments (“Taxes”) associated with your use of the Scaling Suite, including all Taxes associated with transactions you conduct with your customers. RFM Digital, LLC may collect Taxes from you as part of the Fees as legally required or as RFM Digital, LLC deems appropriate, and all RFM Digital, LLC determinations regarding what Taxes to collect are final. You will indemnify RFM Digital, LLC for all Claims related to Taxes that are associated with your activities on the Scaling Suite. e. Overdue Amounts. If your credit card company declines or otherwise refuses to pay the amount owed, you agree that we may suspend or terminate your use of the Scaling Suite and may require you to pay any overdue Fees and other amounts incurred by other means acceptable to us. In the event legal action is necessary to collect on balances due, you agree to reimburse us for all expenses incurred to recover sums due, including attorney fees and other legal expenses. f. Payment Disputes. You will notify us in writing within sixty (60) days of the date we bill you for any invoiced Fees or charges that you wish to dispute. You must pay all invoiced Fees and charges while the dispute is pending or you waive the right to pursue the dispute. g. No Refunds or Credits. Except as described below, all Fees assessed by RFM Digital, LLC are non-refundable. RFM Digital, LLC does not provide Fee refunds or credits for partially used or unused Scaling Suite or Services subscriptions. Except as may be required by law, RFM Digital, LLC reserves the right to issue or deny a refund or credit in its sole and absolute discretion. h. Cancellations. You are solely responsible for the cancellation of Services associated with your account, and you will be responsible for all Fees incurred until such cancellation occurs. i. Your Responsibility For Financial Transactions. You are solely responsible for all financial transactions you and your customers engage in on the Scaling Suite, including all chargebacks related to activities of you and your customers, regardless of the reason for the chargeback.

4. Intellectual Property

We own the Scaling Suite and all of its content. You have a license to use it while you are a subscriber.
5.1. Scaling Suite Content. The Scaling Suite and Scaling Suite Content are the property of RFM Digital, LLC or its licensors and are protected by copyright, trademark and other intellectual property laws. RFM Digital, LLC grants you a personal, royalty-free, non-assignable, revocable, and non-exclusive license to access and use the Scaling Suite Content while using the Scaling Suite. Any other use, including the reproduction, modification, distribution, transmission, republication, framing, display or performance of Scaling Suite Content without prior permission of RFM Digital, LLC is strictly prohibited. 5.2. RFM Digital, LLC Marks. RFM Digital, LLC Marks are trademarks and services marks of RFM Digital, LLC and may not be used without advance written permission of RFM Digital, LLC. You may not remove any RFM Digital, LLC Marks or other proprietary notices from the Scaling Suite or Scaling Suite Content.
You own the content that you post on our Scaling Suite, but you give us permission to use the content. If the content violates these terms, we will take it down. You can't post anything inappropriate, offensive, or that infringes someone else's intellectual property rights.
5.3. User Contributions. User Contributions are considered non-confidential and non-proprietary. You grant RFM Digital, LLC, our service providers and each of their licensees, successors, and assigns the perpetual right to use, reproduce, modify, perform, display, distribute, and otherwise disclose User Contributions to third parties for any purpose. You also grant RFM Digital, LLC the right to use Your Information and User Contributions to improve the Scaling Suite, develop new services, and/or improve RFM Digital, LLC's overall product offerings and business model. RFM Digital, LLC is not responsible or liable to any third party for the content or accuracy of any User Contributions. RFM Digital, LLC reserves the right to delete or otherwise remove any User Contributions we deem to be in violation of these Terms, with or without notice, at any time, for any reason. 5.4. Prohibited User Contributions. You are prohibited from posting User Contributions that: (i) Are unlawful, threatening, abusive, harassing, defamatory, deceptive, fraudulent, tortious, or invasive of another's privacy; (ii) Victimize, harass, degrade, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, disability, or otherwise; (iii) Infringe any patent, trademark, trade secret, copyright, right of publicity, or other proprietary or intellectual property right of any party; or (iv) Breach the security of, compromise or otherwise allow access to secured, protected or inaccessible areas of the Scaling Suite.
If you give us ideas on how to improve our Scaling Suite or any other element of our business, then we have your permission to use that idea without compensating you.
5.5. Feedback. If you provide Feedback, you agree and acknowledge that your submission of Feedback is voluntary, non-confidential, and gratuitous, and RFM Digital, LLC has no obligation to use the Feedback. You grant RFM Digital, LLC and its designees a perpetual, irrevocable, non-exclusive, fully-paid up and royalty-free license to use any Feedback you submit to RFM Digital, LLC without restrictions or payment or other consideration of any kind. 5.6. Feedback Waiver. You hereby irrevocably release and forever discharge RFM Digital, LLC from any and all actions, causes of actions, claims, damages, liabilities and demands with respect to the Feedback. You agree (at RFM Digital, LLC's option and at your sole expense) to defend, indemnify, and hold RFM Digital, LLC harmless from any claims and liabilities which RFM Digital, LLC may incur as a result of use of the Feedback.
If you think someone is infringing your copyrights, let us know by following the process described in this section.
5.7. Copyright; Digital Millennium Copyright Act. If you believe that Your copyrights have been infringed, you should notify us of your infringement claim in accordance with the procedure set forth below. A notification of claimed copyright infringement should be emailed to support@rfmdigitals.com (Subject line: “DMCA Takedown Request”) and mailed to: RFM Digital, LLC Inc Attention: Copyright Agent 5000 Thayer Center, Suite C Oakland, MD 21550 To be effective, the notification must contain: (i) an electronic or physical signature of the person authorized to act on behalf of the owner; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material is located on the Scaling Suite; (iv) your address, telephone number, and email address; (v) a statement of good faith belief that the disputed use is not authorized; and (vi) a statement made under penalty of perjury that the above information is accurate. Counter-Notice: If you believe that your User Contribution that was removed is not infringing, you may send a written counter-notice to the Copyright Agent. RFM Digital, LLC may repost the removed content in 10 to 14 business days after receipt of the counter-notice, at our sole discretion. We may, at our sole discretion, limit access to the Scaling Suite and/or terminate the account of any user who infringes any intellectual property rights of others.

5. Disclaimers

Our Scaling Suite doesn't come with any warranties — it is provided 'as is.'
THE Scaling Suite IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. YOUR USE OF THE Scaling Suite IS AT YOUR OWN DISCRETION AND RISK. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE Scaling Suite WILL MEET YOUR REQUIREMENTS, (B) THE Scaling Suite WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Scaling Suite WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF THE Scaling Suite WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS. YOU ACKNOWLEDGE THAT THE INTERNET AND TELECOMMUNICATIONS PROVIDERS' NETWORKS ARE INHERENTLY INSECURE. ACCORDINGLY, YOU AGREE THAT RFM Digital, LLC IS NOT LIABLE FOR ANY CHANGES TO, INTERCEPTION OF, OR LOSS OF YOUR DATA WHILE IN TRANSIT. WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE Scaling Suite, INCLUDING ANY SERVICES OR FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

6. Limitation of Liability, Indemnification, and Mitigation

Any direct damages that RFM Digital, LLC might owe are capped at the amounts you paid us in the three month period before the act giving rise to the liability. RFM Digital, LLC is not responsible for any damages that indirectly resulted from an incident.
Your exclusive remedy and our entire liability, if any, for any claims arising out of these Terms and your use of the Scaling Suite or the Services shall be limited to the amount you paid us for Services purchased on the Scaling Suite during the three (3) month period before the act giving rise to the liability. IN NO EVENT SHALL RFM Digital, LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM MALICIOUS CODE, LOSS OF USE, DATA OR PROFIT LOSS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.
If you breach these terms, give us inaccurate information, engage in gross negligence or willful misconduct, or if you or your customers violate the law, you might have to indemnify us. If a third party claims that our Scaling Suite violates their intellectual property rights, we'll either obtain the proper licenses, modify or replace the Scaling Suite, or shut it down.
You agree to defend, indemnify, and hold RFM Digital, LLC harmless against all demands, claims, actions, proceedings, damages, liabilities, losses, fees, costs or expenses (including without limitation reasonable attorneys' fees) directly or indirectly arising from or in any way connected with your use of the Scaling Suite, including but not limited to: (a) our use of or reliance on information or data supplied by you, your employees, agents, or customers; (b) any breach of or default under these Terms by you, your employees, agents, or customers; (c) any negligence, gross negligence or willful misconduct by you or your employees, agents, or customers; (d) misrepresentations by you, your employees, agents, or customers; (e) violation(s) of applicable law by you, your employees, agents, or customers; (f) the acts or omissions in connection with providing notice and obtaining consents regarding the origination or content of the SMS or MMS messages, email or other communications using the Services; (g) Taxes and other Fees; and/or (h) any disputes between you and your clients and/or customers. If the Scaling Suite is found to violate any third-party intellectual property right, at our option we may: (a) obtain the right for you to continue to use the Scaling Suite; (b) modify or replace the Scaling Suite, in whole or in part, to seek to make the Scaling Suite non-infringing; or (c) require you to immediately cease any use of the Scaling Suite.

7. Limitation On Time To File Claims

If you have a claim related to these terms or the Scaling Suite, you need to commence action within three months.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE Scaling Suite MUST BE COMMENCED WITHIN THREE (3) MONTHS AFTER THE EVENT GIVING RISE TO THE ACTION OR CLAIM OCCURRED, REGARDLESS OF WHEN YOU KNEW OR SHOULD HAVE KNOWN ABOUT IT; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

8. Injunctive Relief

Sometimes money won't fix the problem if you breach these terms. In those instances, we might seek equitable relief, like an injunction.
You agree that a breach of these Terms will cause irreparable injury to RFM Digital, LLC for which monetary damages would not be an adequate remedy, and RFM Digital, LLC shall be entitled to seek equitable relief, in addition to any remedies it may have hereunder or at law, without having to post a bond or other security.

9. Waiver And Severability

No waiver by RFM Digital, LLC of a term or condition set forth in these Terms shall be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure of RFM Digital, LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.

10. Change of Control

RFM Digital, LLC may assign its rights under these Terms at any time, without notice to you. You may not assign your rights under these Terms without RFM Digital, LLC's prior written consent which may be withheld at RFM Digital, LLC's sole discretion.

11. Entire Agreement

Except as noted below, these Terms constitute the sole and entire agreement between you and RFM Digital, LLC with respect to the Scaling Suite and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Scaling Suite. These Terms may not be altered, supplemented, or amended by the use of any other document(s) unless such document is signed by an authorized representative of RFM Digital, LLC. RFM Digital, LLC may enter into a separate agreement with you. The terms of any separate agreement between you and RFM Digital, LLC will be considered a part of your entire agreement with RFM Digital, LLC. To the extent there is a conflict between these Terms and the terms of your separate agreement with RFM Digital, LLC, your separate agreement with RFM Digital, LLC will control.

12. Term and Termination

We can terminate this agreement and your access to the Scaling Suite at any time, for any reason.
These Terms will remain in full force and effect so long as you maintain a Scaling Suite Account. a. Grounds for Termination. You agree that RFM Digital, LLC, in its sole discretion, may suspend or terminate your access to the Scaling Suite (or any part thereof) for any reason, with or without notice, and without any liability to you or to any third party. Any suspected fraudulent, abusive or illegal activity may be grounds for barring your access to this Scaling Suite. RFM Digital, LLC reserves the right to delete Scaling Suite Accounts that have remained inactive for at least one (1) year. b. No Right to Services Upon Termination. Upon termination, your right to use the Scaling Suite will immediately cease. RFM Digital, LLC is not liable to you or any third party for any claims for damages arising out of any termination or suspension. c. How to Terminate or Make Adjustments. If you would like to terminate your access to the Scaling Suite, RFM Digital, LLC requires written notice at least 30 days before your next billing date. d. No Termination by Third Party Users. Any user who has been given access to the Scaling Suite by any party other than RFM Digital, LLC must contact the party who originally provided access to the Scaling Suite for any inquiries related to termination. e. Force Majeure. We shall be excused from liability for non-delivery or delay in delivery of the Scaling Suite or any associated product or service arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control.

13. Applicable Law, Binding Arbitration, and Class Action Waiver

If we have a dispute that can't be resolved, we will solve it using arbitration. Make sure you talk to a lawyer to understand this section.
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO AGREE TO RESOLVE ALL DISPUTES BETWEEN US THROUGH BINDING INDIVIDUAL ARBITRATION. The laws of the State of Maryland will govern these Terms of Service and any disputes under them, without giving effect to any principles of conflicts of laws. Any controversy or claim arising out of or relating to these Terms shall be exclusively settled by arbitration administered by the American Arbitration Association in accordance with Commercial Arbitration Rules, then in effect. This arbitration provision is governed by the Federal Arbitration Act. The arbitration proceedings shall be held in Oakland, Maryland. Any arbitration award may be entered in a court of competent jurisdiction. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis. Claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

14. Communications and Contact Information

All notices to a party shall be in writing and shall be made via email. Notices to RFM Digital, LLC must be sent to legal@rfmdigitals.com. You agree to allow us to submit notices to you either through the email address you provided when registering, or to any address we have on record. Notices are effective on receipt. RFM Digital, LLC may contact you regarding these Terms using any information you provide. If you no longer wish to receive communications from RFM Digital, LLC, you can click on the “unsubscribe link” provided in such communications or contact us at compliance@rfmdigitals.com. For all other feedback, comments, requests for technical support, and other communications relating to the Scaling Suite or the Terms, please contact us at: RFM Digital, LLC ATTN: Legal Department 5000 Thayer Center, Suite C Oakland, Maryland 21550

15. Definitions

If a term is capitalized in this document, that means it has a specific definition. Here's the list of definitions for capitalized terms.
16.1. "Communication Surcharges" means any applicable communications service or telecommunication provider fees or surcharges related to your use of the Scaling Suite. 16.2. "Feedback" means ideas You provide to RFM Digital, LLC regarding improvements, enhancements, new features, new products, or other concepts related to the Scaling Suite. 16.3. "Fees" means any fees associated with the Scaling Suite, including but not limited to the monthly subscription services fee and any fees associated with add-in Services. 16.4. "RFM Digital, LLC Marks" means the RFM Digital, LLC name and related logos and service marks of RFM Digital, LLC. 16.5. "Information" means data about You and Your customers that RFM Digital, LLC collects on the Scaling Suite. 16.6. "Login Credentials" means the username and password used to access your Scaling Suite Account. 16.7. "Scaling Suite" means any Services, Training, content, functionality, communication channels, and software or other services or features offered to customers on or through RFM Digital, LLC's website or mobile application. 16.8. "Scaling Suite Account" means the account you created in order to access and use the Scaling Suite. 16.9. "Scaling Suite Content" means content, data, features, and functionality, including but not limited to text, graphics, videos, logos, button icons, databases, music, sounds, images, or other material that can be viewed on the Scaling Suite. 16.10. "Prohibited Conduct" means the behaviors described in Section 3. 16.11. "Services" means the variety of product integrations and services that RFM Digital, LLC makes available on the Scaling Suite. 16.12. "Sub-Account" means a subscription for one business under a Scaling Suite Account. 16.13. "Third Party Content" means content, promotions or offers provided by third parties or links to external third-party websites that may be accessible on the Scaling Suite. 16.14. "Third Party Services" means any Services or other services owned and provided by a third party vendor that RFM Digital, LLC makes available to You as a Service on or through the Scaling Suite. 16.15. "Training" means any training, information or suggested usages conveyed by RFM Digital, LLC about the Scaling Suite. 16.16. "User Contributions" means content or materials that you post, submit, upload, publish, display, or transmit on or through the Scaling Suite or to RFM Digital, LLC directly. 16.17. "You" or "you" means the individual who accepted the Terms or the business entity that the individual represents, including any and all agents, employees, or third parties that are authorized to act on your behalf.