Bizzac - Automated SMS Solutions

1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User," "you," or "your") and Bizzac LLC ("Bizzac," "we," "us," or "our") governing your access to and use of the Bizzac platform, including our website at bizzac.com, our web application, and all related services (collectively, the "Service").

By registering for an account, accessing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree, you must not access or use the Service.

2. Description of Service

Bizzac provides an automated SMS (Short Message Service) platform that enables businesses to send automatic text message replies to callers who reach a Bizzac-assigned phone number. The Service includes the assignment of a dedicated business phone number, configuration of auto-reply SMS messages, business hours scheduling, call forwarding, activity logging, and related features.

3. SMS Messaging Terms

By using the Bizzac platform to send SMS messages, you agree to the following terms governing SMS communications:

3.1 Consent. You represent and warrant that all recipients of SMS messages sent through the Service have provided prior express written consent to receive automated text messages from your business. You are solely responsible for obtaining and maintaining records of such consent in accordance with applicable law.

3.2 Opt-Out. All SMS messages sent through the Service must include a clear and conspicuous opt-out mechanism. The phrase "Reply STOP to opt out" (or equivalent) is automatically appended to every auto-reply message and must not be removed or altered. Upon receipt of a STOP message, the recipient will be removed from future messaging. You must honour all opt-out requests promptly and permanently.

3.3 Message Content. You are solely responsible for the content of all SMS messages sent through your account. You agree not to send messages that are unlawful, harassing, abusive, threatening, defamatory, obscene, fraudulent, or that violate any applicable law or regulation, including the Telephone Consumer Protection Act (TCPA), Canada's Anti-Spam Legislation (CASL), and applicable carrier guidelines.

3.4 Prohibited Uses. You may not use the Service to send unsolicited commercial messages (spam), phishing messages, messages containing malware or harmful links, or messages that impersonate any person or entity. Bizzac reserves the right to suspend or terminate accounts that violate these restrictions without notice.

3.5 Message Frequency. The Service is designed to send a single auto-reply SMS per inbound call event. You agree not to circumvent this design to send bulk or repeated messages to the same recipient.

3.6 SMS Credits. Sending auto-reply SMS messages consumes SMS credits from your account balance. Bizzac is not responsible for failed message delivery due to insufficient credits, carrier restrictions, or invalid recipient numbers.

4. Account Registration

To use the Service, you must register for an account by providing a valid name, email address, and password. You agree to provide accurate, current, and complete information and to update such information as necessary. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect any unauthorised access to your account.

5. Fees and Payment

Access to the Service requires payment of a subscription fee. The current pricing is as follows:

Trial Plan — $19.00 for the first 30 days. Includes setup, one dedicated business phone number, and 50 SMS credits so you can test the Service live.
Core Plan — $39.00 per month after the Trial Period. Includes your business number, 200 SMS credits per billing cycle, auto-reply SMS on every missed call, a custom voicemail greeting, and AI voicemail transcription.
Additional Numbers — $24.00 per month per number, each with 200 SMS credits included.
Extra SMS Credits — $10.00 per 100 credits, available as a top-up at any time.

All prices are in United States dollars (USD) unless otherwise stated. Unused SMS credits do not roll over between billing cycles.

Payments are processed securely through Stripe. By providing payment information, you authorise Bizzac to charge the applicable fees to your payment method. All fees are non-refundable except as required by applicable law or as expressly stated in these Terms. Bizzac reserves the right to modify pricing with 30 days' written notice to the email address associated with your account.

6. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You must not use the Service in any way that violates applicable local, national, or international law or regulation; to transmit any unsolicited or unauthorised advertising or promotional material; to impersonate any person or entity; or to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service.

7. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Bizzac LLC and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Bizzac LLC. You retain ownership of any content you submit through the Service, but grant Bizzac a limited licence to use such content solely to provide the Service.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. BIZZAC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. SMS DELIVERY IS SUBJECT TO CARRIER AVAILABILITY AND IS NOT GUARANTEED.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BIZZAC LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED THE AMOUNT PAID BY YOU TO BIZZAC IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

10. Termination

We may terminate or suspend your account and access to the Service immediately, without prior notice or liability, for any reason, including if you breach these Terms. Upon termination, your right to use the Service will cease immediately. You may cancel your account at any time by contacting us at [email protected]. Cancellation does not entitle you to a refund of any prepaid fees.

11. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Canada, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts located in Canada.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will provide notice of material changes by updating the effective date at the top of this page and, where appropriate, by sending an email to the address associated with your account. Your continued use of the Service after any changes constitutes your acceptance of the new Terms.

13. Contact Us

If you have any questions about these Terms, please contact us at: [email protected].