Terms and conditions

01Agreement to these terms

These terms and conditions (“terms”) are a binding agreement between you and Targeto (“we”, “us” or “our”). They govern your access to and use of the Targeto platform, website and related services.

By creating an account or using any part of the service you confirm that you have read these terms and agree to them. If you use the service on behalf of a company, you confirm that you have the authority to bind that company. If you do not agree, do not use the service.

02The service

Targeto is a messaging and conversation automation platform run by AI. It registers contacts, sends and receives messages on SMS, RCS and WhatsApp, reads replies, answers them within the voice, talking points and goals you set, and hands conversations to your team when a person is needed.

We grant you a limited, non-exclusive, non-transferable and revocable licence to use the platform for your own internal business purposes in line with these terms. The service includes:

• Contact registration, consent tracking and one record per contact across channels.
• Conversation automation on SMS, RCS and WhatsApp, including channel selection per message.
• Handoff of conversations to your team with the thread and contact record attached.
• Reporting on conversations, outcomes and consent.

We may change, add to or withdraw features with reasonable notice to active customers.

03Your account

You must register an account to use the platform. You agree to:

• Provide accurate, current and complete registration information and keep it up to date.
• Keep your credentials confidential and not share your account with anyone outside your team.
• Tell us at once if you believe your account has been used without permission.
• Take responsibility for everything done under your account.

We are not liable for losses caused by unauthorised use of your account where you have not kept your credentials secure.

04Acceptable use

You agree not to use Targeto to:

• Message anyone who has not given the consent required for that channel, or continue messaging anyone who has opted out.
• Send content that is unlawful, deceptive, threatening, harassing, discriminatory or that infringes someone else’s rights.
• Impersonate any person or organisation, or misrepresent who a message is from.
• Distribute malware, phishing content or anything designed to gain unauthorised access to a device, account or network.
• Probe, reverse engineer or attempt to extract the source code or models behind the platform.
• Resell or sublicense access to the platform without our written agreement.

We may suspend or terminate accounts that breach these rules, with or without notice depending on the seriousness of the breach.

05Messaging compliance

You are responsible for making sure your messaging complies with the laws and rules that apply to it, including the Telephone Consumer Protection Act (TCPA), the CTIA Messaging Principles and Best Practices, mobile carrier requirements, Google’s policies for RCS business messaging, Meta’s policies for the WhatsApp Business platform and any state or local rules that apply to you.

In particular you agree to:

• Obtain the consent each channel requires before messaging a contact, and keep a record of it.
• Honour every opt out immediately and permanently, however it is worded.
• Include the disclosures required for promotional messages.
• Respect quiet hours and frequency limits.

Targeto provides tools that help with these obligations, including suppression of opt outs, quiet hours, per channel consent records and intent reading that recognises a request to stop. Those tools do not transfer responsibility for your messaging to us. Breaches of messaging law may lead to immediate suspension.

06Your content and data

You keep ownership of the contact records, conversation content, talking points and other material you provide or that is generated for you through the platform. You grant us a licence to store and process it solely to provide the service to you.

You confirm that you have the rights and consents needed for us to process that material on your behalf. You can export your contact records and conversations at any time, and for thirty days after your account closes.

07Fees and payment

Targeto is priced per contact registered, currently $0.025 per contact, covering conversations on SMS, RCS and WhatsApp for that contact. There are no setup fees. Any different pricing agreed with you in writing takes precedence over this page.

• Fees are in US dollars and are charged as set out at the time of purchase or in your agreement with us.
• Fees are non-refundable except where the law requires otherwise or where we have agreed a refund in writing.
• We may change prices with thirty days’ notice to existing customers.
• You are responsible for any taxes that apply to your purchases.

If a payment fails we may suspend the service until it is settled.

08Intellectual property

The platform, including its software, models, designs, trademarks and documentation, belongs to Targeto or its licensors and is protected by intellectual property law. Apart from the licence granted in these terms, nothing here gives you any right in the platform.

You may not copy, modify, distribute or create derivative works from the platform or its content without our written permission. Feedback you give us about the service may be used by us without obligation to you.

09Third party networks and services

Delivery of messages depends on mobile carriers, Google’s RCS infrastructure and Meta’s WhatsApp Business platform. Those networks set their own rules, may change them and may delay, block or filter messages. We are not responsible for their availability or for actions they take under their own policies.

Where you connect other tools or services to your account, your use of them is governed by their terms, and we are not responsible for how they handle your data.

10Term and termination

These terms apply from the day you create an account until it is closed. You may close your account at any time by contacting us. We may suspend or terminate your account if you breach these terms, if we are required to by law or if you have not paid what is due.

On termination your right to use the platform ends. Unless we have terminated for a serious breach, you will have thirty days to export your data before it is deleted in line with our privacy policy. Sections that by their nature should survive, including fees owed, intellectual property, disclaimers, liability and governing law, continue to apply.

11Disclaimers

The platform is provided “as is” and “as available”. To the fullest extent permitted by law we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

AI generated replies are produced from the information and instructions you provide. We do not warrant that every reply will be accurate, that every intent will be read correctly, that the platform will be uninterrupted or error free, or that any particular outcome will be reached in any conversation.

12Limitation of liability

To the maximum extent permitted by law, Targeto and its officers, directors, employees and affiliates will not be liable for any indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue, data or goodwill, arising from or related to your use of the platform.

Our total liability to you for all claims arising under these terms will not exceed the greater of the amounts you paid to Targeto in the twelve months before the claim arose or one hundred US dollars.

13Indemnification

You agree to defend, indemnify and hold harmless Targeto and its affiliates, officers, directors, employees and agents from any claim, loss, liability, cost or expense, including reasonable legal fees, arising from your use of the platform, your breach of these terms, your breach of any law or the rights of any third party, or any content or data you submit through the platform.

14Governing law

These terms are governed by the laws of the State of Delaware, without regard to its conflict of law rules. Any dispute arising under these terms will be brought exclusively in the state or federal courts located in Delaware, and you consent to the jurisdiction of those courts.

15Changes to these terms

We may update these terms from time to time. When a change is material we will tell account holders by email and post the revised terms with a new date at the top of this page. Continued use of the platform after a change takes effect means you accept the revised terms.

16How to reach us

Questions about these terms can be sent to us by email, by phone or by post using the details below. A person will reply within one business day.