Terms of Service

1. Agreement to Terms

By accessing or using Tuco.ai ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these Terms, you may not access or use the Service. These Terms apply to all visitors, users, and others who access or use the Service.

We may modify these Terms from time to time. For non-material changes — typo fixes, clarifications, and reasonable operational updates — the revised Terms take effect when posted on this page with an updated "Last updated" date.

For material changes — including changes to fees, the refund policy, the automatic-renewal terms, the dispute-resolution provisions, or the material scope of your rights — we will give at least thirty (30) days' advance notice by posting notice on this page and, where we have your email address, by emailing you. Your continued use of the Service on or after the effective date of a material change constitutes acceptance. If you do not agree, you must stop using the Service and cancel any active subscription before the effective date. A material change does not affect a billing period you have already paid for, or a minimum term you have already prepaid. Changes required by law, or by Apple or a carrier, take effect on notice.

2. Company Information

Tuco.ai is owned and operated by Foxwell & Pierce Group, Inc., a Delaware corporation located at 8 The Green, STE R, Dover, DE 19901, USA. Foxwell & Pierce Group, Inc. is owned by Crewcharge Technologies Private Limited.

When we refer to "Tuco.ai," "we," "our," or "us" in these Terms, we are referring to Tuco.ai and its parent company, Foxwell & Pierce Group, Inc.

3. Description of Service

Tuco.ai provides an iMessage automation platform that enables businesses to send automated messages, manage customer communications, and integrate with third-party services. Our Service includes:

• iMessage automation and messaging capabilities
• Integration with e-commerce platforms (e.g., Shopify)
• Customer relationship management tools
• Analytics and reporting features
• API access for custom integrations
• Customer support and documentation

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

14.1 Outages, queuing, and automatic retry

Sends are queued and automatically retried, not discarded, when a line, a backing device, an upstream provider, or the platform is unavailable. Where a line is down or degraded, messages you have already submitted are held and automatically rescheduled for dispatch once the line recovers, and the pacing and protection logic in Section 10 reapplies on resume so that a backlog is released at a safe rate rather than as a burst. Line-down alerts are sent by email and webhook.

Two limits apply. First, automatic retry is a retry mechanism, not a delivery guarantee. It does not override Section 15.2, a recipient opt-out, a cap or protection state in Section 10, or a refusal by Apple or a carrier, and a message whose retry window expires — or whose recipient has opted out in the meantime — will not be sent. Second, you must not resubmit on latency. A queued or slowed send has been accepted for later dispatch, and a safety-related 403 or 429 is not a transient error (Section 10.3); duplicate submissions during an outage worsen a line's standing and count against its caps.

14.2 Reaching recipients who are not on iMessage

Where a recipient is not reachable on iMessage, a line can reach them by person-to-person ("P2P") SMS from the line's own number, in the same thread. Because the message comes from the line's own number and is person-to-person rather than application-to-person, no A2P 10DLC brand or campaign registration is required for that route. P2P SMS fallback is enabled per line and requires a healthy line; where it is off or the line is unhealthy, a non-iMessage recipient is not reached. P2P SMS carries plain text only — attachments are dropped rather than the send being refused, so you are responsible for copy that reads correctly without them. Consent, opt-out, quiet-hour, and record-keeping obligations under Section 11 apply to SMS identically, and carriers may filter or delay an SMS for reasons outside our control.

If you would rather route non-iMessage traffic through your own A2P-registered number, you supply that number and complete brand and campaign registration yourself; that route requires a US legal entity, an EIN at least 15 days old, and live carrier-verified opt-in URLs, is not included in your fees, and typically takes up to two weeks. We make no representation as to what share of any contact list is reachable on iMessage rather than SMS.

4. Account Registration and Security

4.1 Account Creation

To use certain features of the Service, you must register for an account. You agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information
• Maintain the security of your account credentials
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

4.2 Account Eligibility

You must be at least 18 years old and have the legal capacity to enter into contracts to use our Service. By registering, you represent and warrant that you meet these requirements.

4.3 Account Termination

We reserve the right to suspend or terminate your account at any time, with or without cause or notice, for any reason, including violation of these Terms or illegal activity.

5. Acceptable Use

You agree to use the Service only for lawful purposes and in accordance with these Terms. You agree NOT to:

• Violate any applicable laws, regulations, or third-party rights
• Send spam, unsolicited messages, or engage in any form of harassment
• Impersonate any person or entity or misrepresent your affiliation with any person or entity
• Interfere with or disrupt the Service or servers connected to the Service
• Attempt to gain unauthorized access to any portion of the Service or other accounts
• Use the Service to transmit viruses, malware, or other harmful code
• Reverse engineer, decompile, or disassemble any part of the Service
• Use automated systems (bots, scrapers) to access the Service without permission
• Collect or harvest information about other users without their consent
• Use the Service in any manner that could damage, disable, or impair our servers or networks
• Violate Apple's Terms of Service or iMessage usage policies
• Violate the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, or other messaging regulations
• Send Protected Health Information (PHI) as defined under HIPAA, or any diagnosis, treatment detail, test result, prescription, or medical record — see Section 12
• Bypass, disable, evade, or interfere with any sending cap, pacing control, protection state, or other safety measure, or create additional accounts or workspaces to evade a cap — see Section 10
• Message, or attempt to message, a number suppressed under Do-Not-Disturb, or bypass, disable, or delete a DND entry by any means — see Section 11.4
• Use the Service to validate, scan, enrich, or classify phone numbers, or to test which numbers are reachable on iMessage, beyond the routing lookups permitted in Section 10
• Send messages using a brand, product, or role name as the sender identity instead of a real person's name and photograph — see Section 10

6. Compliance with Messaging & Privacy Regulations

It is your responsibility to ensure that your use of the Service is GDPR, CCPA, TCPA, A2P (including carrier and platform rules), and otherwise legally compliant. We provide infrastructure, tools, and documentation to support compliant use but do not assume your compliance obligations. You are solely responsible for ensuring that your use of the Service complies with all applicable laws and regulations, including:

• TCPA (Telephone Consumer Protection Act): You must obtain proper consent before sending automated messages and honor opt-out requests.
• CAN-SPAM Act: For email communications, you must comply with CAN-SPAM requirements, including providing opt-out mechanisms.
• GDPR: If you process personal data of EU/EEA residents, you must comply with GDPR requirements.
• CCPA: If you process personal data of California residents, you must comply with CCPA requirements.
• CASL & other laws: Where applicable, Canadian Anti-Spam Legislation (CASL) and other state, national, or international marketing and privacy laws.
• Carrier & A2P: You must comply with carrier guidelines, A2P 10DLC and similar rules, and messaging best practices.
• Apple Terms: You must comply with Apple's Terms of Service and iMessage usage policies.

We reserve the right to suspend or terminate accounts that violate messaging regulations or engage in prohibited activities.

7. User Content and Data

7.1 Your Content

You retain ownership of all content, data, and information you upload, transmit, or store through the Service ("User Content"). By using the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, store, and process your User Content solely for the purpose of providing and improving the Service, including the review described in Section 10.8.

7.2 Your Responsibilities

You are solely responsible for:

• The accuracy, legality, and appropriateness of your User Content
• Obtaining all necessary rights, licenses, and consents for your User Content
• Ensuring your User Content does not infringe on any third-party rights
• Backing up your User Content

7.3 Data Processing

We process your User Content in accordance with our Privacy Policy. You agree that we may use aggregated, anonymized data for analytics, research, and service improvement purposes.

7.4 Data Ownership & Export

You retain full ownership of all contact data and reply data. Upon account closure or at your request, we will export your data to a portable format (e.g., CSV) and/or push it to your connected CRM or other designated system, subject to technical feasibility.

7.5 Confidentiality

Both parties agree to keep confidential any proprietary information learned in connection with the Service, including technical infrastructure details, client lists, pricing, and business strategies, except as necessary to perform the Service or as required by law.

7.6 Data Retention

We may retain your data for a limited period (e.g., 30 days) after account closure for reporting and operational purposes, then delete it unless you request extended retention in writing.

8. Intellectual Property

8.1 Our Intellectual Property

The Service, including its original content, features, functionality, design, logos, trademarks, and software, is owned by Tuco.ai and protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

8.2 License to Use

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes, subject to these Terms.

9. Payment Terms

9.1 Subscription Fees

Access to certain features of the Service requires payment of subscription fees. Fees are billed in advance on a monthly or annual basis, as selected during registration.

NO REFUNDS OR RETURNS. All fees, including setup fees, monthly subscription fees, annual subscription fees, prepaid balances, and any other payments made to Tuco AI, are final once paid. We do not offer refunds, returns, money-back guarantees, free trials, pilot programs, partial credits, prorated reversals, or any reversal of payments under any circumstance, including (without limitation) dissatisfaction with results, change of mind, deliverability changes, account suspension, or platform-side restrictions. Cancellation stops future billing only and does not produce a refund or return of any prior payment. This clause overrides any prior or contradictory statement made in marketing, sales calls, emails, or other materials. Refunds will only be issued where strictly required by applicable law and only to the extent so required.

9.2 Price Changes

We reserve the right to modify our pricing at any time. We will provide at least 30 days' notice of any price increases. Price changes will apply to your next billing cycle.

9.3 Payment Processing

Payments are processed by third-party payment processors. You agree to provide accurate payment information and authorize us to charge your payment method for all fees owed.

9.4 Overdue Payments

If payment is not received by the due date, we may suspend or terminate your access to the Service. You remain responsible for all fees incurred during the suspension period.

9.5 Taxes

All fees are quoted and payable in US dollars and are exclusive of all taxes. You are responsible for all sales, use, service, value-added, consumption, gross-receipts, withholding, excise, and similar taxes, duties, levies, and charges arising in connection with your purchase or use of the Service, and for any interest or penalty on them, excluding only taxes on our net income. Where we are required to collect a tax, it will be added to your invoice and charged to your payment method. If you are exempt, you must provide a valid exemption certificate before the exemption applies.

9.6 Payment-processing fees are never returned

Where any amount is refunded, reversed, credited, or returned for any reason — including in the rare case where a refund is strictly required by applicable law under Section 9.1 — that amount is net of payment-processing fees.

Stripe and any other processor fee, card-network fee, currency-conversion fee, bank fee, and the credit-card surcharge under Section 9.3 are retained in every case and are never returned, because we do not recover them from the processor. This applies to refunds, reversals, cancellations, and chargebacks alike.

9.7 Automatic renewal — please read

Your subscription renews automatically. By subscribing to any paid plan you acknowledge and expressly agree to the following.

• Your subscription renews automatically at the end of each billing period — monthly, annual, or as stated in your order — at the then-current rate.
• We will charge the payment method on file for each renewal until you cancel, and no additional authorization from you is required for a renewal to be charged.
• You may cancel at any time through the billing controls in your dashboard or by written notice to legal@tuco.ai. Cancellation takes effect when we confirm it, and we will acknowledge a cancellation request in writing within one business day. On the effective date, access to the associated lines ends and the associated phone numbers may be permanently released and cannot be recovered (Section 10.6).
• Cancellation stops future billing only. It produces no refund, proration, or credit for the current period — see Section 9.1.
• Where you have committed to a minimum term under a signed order, the subscription cannot be cancelled for convenience during that term and prepaid fees are not refunded.

We will send a renewal reminder to your billing address of record before any change to your renewal rate takes effect, and before any renewal of a term longer than one month. Where the law of your state imposes additional automatic-renewal notice, reminder, acknowledgement, or cancellation-mechanism requirements that apply to you, we will comply with them to the extent they apply.

9.8 Chargebacks and payment disputes

Contact us at legal@tuco.ai and attempt to resolve any billing question before initiating a chargeback or payment dispute with your card issuer or bank. Most billing issues are resolved within a business day.

If you file a chargeback that is later reversed or withdrawn, or that is determined to have been filed without a good-faith basis — including where you received the Service as described — you will reimburse us the disputed amount plus every fee, penalty, and administrative charge the payment processor, card network, or bank imposes on us as a result, and those amounts are immediately due. We may suspend the Service while a chargeback is open, and a chargeback filed in breach of this Section is a material breach permitting termination for cause. Processing fees on any reversed amount are not returned (Section 9.6). Nothing in this Section waives any right you have under the Fair Credit Billing Act or similar law to dispute a genuine billing error in good faith.

10. Messaging Limits, Sending Caps & Safety Controls

The Service is built for genuine one-to-one conversation, not broadcast. To protect recipients, sending lines, shared infrastructure, and our standing with Apple and the carriers, the platform applies automated caps, pacing, and protection states. These operate in addition to your plan, your legal obligations, and Section 11.

10.1 Sending caps

• 50 net-new contacts per line per day. A "net-new" contact is one you are messaging for the very first time from that line. Caps are per line and additive — more volume requires more lines, not a higher per-line cap.
• Warm-up. Each newly provisioned line ramps from 20 net-new contacts per day to 50 over its first two weeks.
• No more than 3 consecutive messages to a contact who has not replied. A written reply resets the allowance. We enforce this by default, and you will not raise or disable it other than as Section 10.4 permits.
• 70 iMessage availability (capability) lookups per line per day. These exist to route an individual contact, not to classify or scan a list. Bulk iPhone / Android segmentation must be done outside the Service.

We also apply per-line pacing and total-volume protections under Section 10.2. Those protections are operational safeguards, not an entitlement, and no per-line daily message total is guaranteed or promised by these Terms.

10.2 Protection states and pacing

Depending on the recent behaviour of a line and of your account, the platform may queue sends, slow them, block brand-new conversations while allowing existing ones, restrict a line to replying only, or pause a line pending review. Signals include net-new volume, written reply rate, repeated first-message patterns, delivery degradation, and enforcement against another line on your account. We apply the most restrictive state any active signal requires; every signal must recover before the state clears, and recovery can take several days as older activity leaves the measurement window.

10.3 Blocked and queued sends

A safety-related HTTP 403 or 429 response is not a transient rate limit and must not be retried blindly. Queued and slowed states accept sends for later dispatch; delivery latency is not a reason to submit duplicates. You are responsible for honouring the returned status code, the message state, and any recovery instruction in your integrations, including any use of our API, MCP server, webhooks, Zapier, n8n, or Make.com.

10.4 Raising or disabling a protection

Where the dashboard or API lets an administrator raise or disable a protection on an eligible line, doing so does not waive these Terms, any cap, any recipient opt-out, or any Apple or carrier restriction, and it materially increases the risk of an unrecoverable line or account ban. We do not guarantee that Apple or a carrier will restore access. A ban that follows a raised or disabled protection is treated as caused by you and counts against the replacement ladder in Section 10.6.

10.5 First-message rules and sender identity

• The first message ever sent to a recipient must be plain text. Links are not tappable, and images, voice notes, and other attachments are rejected, until the recipient replies. This is Apple platform behaviour, not a Tuco setting.
• Every line must be configured with a real human first and last name and a real photograph of the individual who will handle replies. Brand names, product names, role names, logos, product screenshots, and stock photos are prohibited. When a recipient reports a thread as junk, Apple's end-to-end encryption on that thread lifts and Apple may review its history; Apple's one-time reinstatement is materially less likely to be granted where the identity is a business rather than a person.

10.6 Bans, replacement, and numbers

Apple publishes no threshold. A small absolute number of junk reports — not a rate — can permanently restrict iMessage on a line, and a line with a long clean history can be restricted the same day. The risk is never zero. Where a line is banned: the first ban per line identity is replaced at no charge; the second and third carry a $50 one-time replacement fee each; at the fourth we can no longer serve that identity. Replacement always produces a new number. We cannot port a number in, do not port a number out, and cannot recover a banned or released number.

10.7 Changes to limits

We may calibrate classifications, thresholds, delays, pacing, and protections at any time based on plan terms, observed risk, platform integrity, and Apple or carrier requirements. Current measurements and the reason for a line's state are available in the Service.

10.8 Message review for line health and ban diagnosis

Tuco reserves the right to access, read, and review any message sent or received through the Service — including its text, links, attachments, voice notes, conversation history, contact details, delivery and read status, and the related logs on our systems and on the device behind a line — to protect line health, investigate and diagnose bans, restrictions, junk reports, and delivery problems, detect spam and abuse, enforce these Terms, provide support, and comply with law or with a request from Apple or a carrier.

• Review may be automated or performed by authorised Tuco personnel and contractors bound by confidentiality, and may take place proactively, not only after an incident.
• We may open, follow, and fetch any link in a message, including through redirects, to check its destination and reputation. Such a visit may register as a click or visit in your or a third party's link-tracking or analytics.
• We are not required to notify you before or after a review, and the results may be used to take any action under Sections 10.2, 10.6, and 17.2, including pausing a line, blocking or removing content or links, or suspending your account.
• You are responsible for giving your own users, team members, and recipients any notice, and obtaining any consent, that applicable law requires for this review. You must not route through the Service any conversation you are not permitted to let us review.

We treat what we see under this Section as confidential under Section 7.5 and our Privacy Policy, and we never use it to market to you or to your recipients.

11. Consent, Records & Audit Rights

11.1 Lawful basis required for every recipient

Before any recipient is messaged through the Service, you must have one of the following, and you warrant that you do for every recipient:

• Prior express consent to be contacted by text or iMessage at that number; or
• an Established Business Relationship ("EBR"), meaning the recipient (a) completed a purchase or transaction with you within the preceding eighteen (18) months, (b) made an inquiry, application, or cart submission to you within the preceding three (3) months, or (c) otherwise affirmatively interacted with your business in a way that makes the message expected; or
• a prior inbound message from that recipient to that line.

Where applicable law requires prior express written consent for the message in question, that standard governs and the EBR alternative does not apply. Contacting people without one of the bases above — commonly called cold outreach — is strictly prohibited and is a material breach permitting immediate suspension or termination without notice and without refund. Purchased, rented, scraped, appended, and data-broker-sourced lists are prohibited, as is dormant-list reactivation outside the windows above.

11.2 Records

For each contact you message, you must keep records sufficient to evidence the basis in Section 11.1 — including the capture timestamp, the source URL or channel, and the exact disclosure text shown to the person — for at least four (4) years.

11.3 Audit right

We are not obliged to monitor your compliance, but we may audit it. On our written request you will produce the records in Section 11.2 for a named contact, campaign, or client within five (5) business days. Failure to produce those records, or production of records that do not support the sends made, permits us to suspend the affected lines immediately and to terminate for cause. Exercising this right creates no duty on our part, and a failure to detect a breach is not a waiver.

11.4 Opt-outs and automatic Do-Not-Disturb suppression

If someone replies STOP, we stop. The platform enforces it, not just you.

Where a recipient replies with STOP, UNSUBSCRIBE, QUIT, END, CANCEL, REMOVE, or any other reasonable expression of a wish not to be contacted — including plain language such as "stop texting me", "take me off your list", or "leave me alone" — the Service automatically adds that number to a Do-Not-Disturb ("DND") suppression list and will not send further messages to it. Under the Telephone Consumer Protection Act a recipient may revoke consent by any reasonable method, and we do not require a specific keyword.

• Scoped to the sender. Suppression applies to the line and workspace that received the opt-out, and to every other line in that workspace. A revocation given to one business is not treated as a revocation for an unrelated business.
• You cannot override it. You must not bypass, disable, delete, or work around a DND entry — including by re-importing the contact, editing the record, creating another workspace, or routing the send through the API or an integration. Attempting to is a material breach and we may suspend or terminate immediately.
• Release requires fresh consent. A suppressed number is released only on your written evidence of prior express consent obtained after the opt-out, which we may require you to produce under Section 11.3.
• We apply suppression immediately on detection, and in any event well inside the maximum period applicable law allows for honouring a revocation.

11.5 DND is a backstop, not a substitute for your own duty

You must independently honour any reasonable expression of a wish not to be contacted by suppressing that contact within one (1) business day and in any event before your next scheduled send, across every line in your account. You must maintain your own suppression list and must not re-add a suppressed contact without fresh express consent.

The platform only sees what passes through it.

We cannot detect an opt-out a recipient gives off-platform — by phone call, email, web form, live chat, letter, a reply on a different channel, in person, or to your staff. Those remain entirely your responsibility to capture and suppress, and you must push them into the Service or your own suppression process before your next send. Our DND feature is an operational safeguard provided on a commercially reasonable basis. It is not a guarantee, it does not transfer any part of your legal obligation to us, and you must not represent to anyone that our suppression discharges your own duty. Section 16 applies in full to any claim arising from an opt-out you failed to capture.

11.6 Regulatory classification is yours

You are solely responsible for determining whether your use constitutes person-to-person, application-to-person, or another regulatory classification under applicable law, and for meeting the obligations that classification carries. We make no regulatory determination on your behalf, make no representation that any particular use is or is not A2P, and expressly disclaim liability for your classification decisions and their consequences, including any fine, penalty, settlement, or carrier action.

11.7 AI-assisted messaging

Where you use AI drafting, autopilot, or agent features, you remain the sender and author of every message, you are responsible for reviewing output wherever your configuration allows review, and you must make any disclosure of automated interaction that applicable law requires.

11.8 Sending windows

You are solely responsible for sending only within the hours permitted by federal law and by each recipient's state law — including states with windows narrower than 8:00 a.m. to 9:00 p.m. recipient-local — and for resolving each recipient's local time zone correctly.

12. HIPAA, Protected Health Information & Certifications

12.1 No HIPAA. No BAA. Ever.

Apple will not sign a Business Associate Agreement (BAA) for iMessage — and never will. That means Tuco AI cannot be HIPAA compliant, ever. There is no plan, no tier, and no workaround that changes it.

A BAA is the contract HIPAA requires of any vendor that creates, receives, maintains, or transmits Protected Health Information. Because Apple does not offer one for iMessage, no service built on iMessage — Tuco AI included — can be HIPAA compliant. We therefore do not and cannot offer a BAA, at any price, on any plan, at any tier.

12.2 PHI is prohibited outright

You must not create, receive, maintain, or transmit Protected Health Information ("PHI"), as defined under the Health Insurance Portability and Accountability Act of 1996, through the Service.

This prohibition is absolute and unconditional. It is not satisfied by executing a BAA, because no BAA can exist. Do not send diagnoses, treatment details, test results, prescriptions, or medical records. Appointment logistics — date, time, location, provider — are permitted; anything clinical must go through a dedicated HIPAA-compliant tool. Any use of the Service involving PHI is a material breach permitting immediate termination without refund, and you indemnify us in full for it under Section 16.

12.3 Certifications we do not hold

As of the date above we hold none of the following, we will not claim any of them before an auditor signs off, and you must not represent to any third party that we hold them:

• SOC 2 Type I or Type II — not held, not in audit.
• HIPAA compliance and a BAA — not held, and never available (Section 12.1).
• ISO 27001 — not held.
• PCI DSS attestation — not held. We are never in the payment path, never receive or transmit cardholder data, and are not a service provider for PCI purposes. Do not send payment card data through the Service.
• A binding uptime SLA or service credits — see Section 14. Any availability figure we publish is an operational objective, not a contractual service-level agreement, a credit commitment, or an uptime guarantee.

If you or your client require SOC 2 Type II, HIPAA, or a BAA, we are not a suitable vendor and you should not onboard that workload onto the Service. What we do run — dedicated Apple hardware per line, Tier 3+ US data centres, AES-256 at rest, TLS 1.3 in transit, and US-only data residency — is described at tuco.ai/security.

12.4 We cannot guarantee message privacy

iMessage is end-to-end encrypted between devices by default, but we cannot and do not guarantee the privacy of any message. When a recipient reports a conversation as junk, that protection lifts and Apple may review the thread history. We also store message content to operate the dashboard, search, analytics, AI features, and abuse prevention, and we may read it to protect line health and diagnose bans (Section 10.8). Do not send anything through the Service whose disclosure would be materially harmful, and do not send PHI, payment card data, government identifiers, or credentials.

13. Third-Party Services and Integrations

The Service may integrate with third-party services (e.g., Shopify, CRM systems, messaging platforms). Your use of third-party services is subject to their respective terms of service and privacy policies. We are not responsible for the availability, accuracy, or practices of third-party services, including but not limited to: Apple's iMessage service, CRM or marketing APIs, or your own network or infrastructure.

You are responsible for maintaining the security of your third-party service credentials and authorizing our access to such services.

14. Service Availability and Modifications

We strive to provide reliable service but do not guarantee that the Service will be available 100% of the time. Messaging channels (e.g., iMessage or other platforms) may flag or restrict accounts without notice; we will use commercially reasonable efforts to replace or restore affected infrastructure at no additional cost but cannot guarantee zero downtime. The Service may be unavailable due to:

• Scheduled maintenance
• Unscheduled maintenance or updates
• Technical issues or failures
• Third-party service outages or platform policy changes
• Force majeure events

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

15. Disclaimers and Limitations of Liability

15.1 Service "As Is"

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES of MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ACCURACY.

15.2 No Performance Guarantees

We make no guarantees regarding specific reply rates, positive reply rates, conversion outcomes, or deliverability. Results depend on factors including but not limited to: list quality, message copy, offer strength, target audience receptiveness, and platform or carrier actions.

15.3 List and Audience Quality

Where we verify messaging capability (e.g., iMessage) before sending, we may notify you and adjust volume expectations if a significant portion of your list does not meet capability or quality thresholds. You remain responsible for the accuracy, legality, and appropriateness of your contact data.

15.4 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TUCO.AI'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED THE GREATER OF ONE HUNDRED US DOLLARS ($100) OR THE AMOUNTS YOU ACTUALLY PAID US FOR THE SERVICE IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. MULTIPLE CLAIMS DO NOT ENLARGE THIS CAP.

NEITHER PARTY SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, USE, OR BUSINESS OPPORTUNITIES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

15.5 Client Compliance & Data Responsibility

You represent, warrant, and agree that: (a) your message content complies with all applicable laws, including CAN-SPAM, TCPA (where applicable), state and international marketing and privacy laws (e.g., GDPR, CCPA, CASL); (b) you are solely responsible for all contact data you provide, including its accuracy, legality of use, and compliance with privacy and marketing laws; (c) you will indemnify and hold Tuco.ai harmless from any claims, fines, or legal actions arising from your use of contact data or message content. We are not responsible for your compliance with marketing laws, data privacy regulations, or any claims arising from your contact list or messaging practices; you assume full legal responsibility for all data and content you provide.

16. Indemnification

You agree to indemnify, defend, and hold harmless Tuco.ai, its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, and expenses (including legal fees) arising out of or relating to:

• Your use of the Service
• Your violation of these Terms
• Your violation of any law or regulation (including marketing and data privacy laws such as TCPA, CAN-SPAM, GDPR, CCPA, CASL)
• Your User Content, contact data, or message content
• Your infringement of any third-party rights
• Any claims, fines, or actions arising from your contact list, messaging practices, or compliance obligations

17. Termination

17.1 Termination by You

You may terminate your account at any time with written notice to us. Fees already paid are final — see Section 9.1 (NO REFUNDS OR RETURNS). Upon termination, we will cease all sending and processing on your behalf promptly, and your access to the Service will end. We may delete your account and User Content in accordance with our data retention policies.

17.2 Termination by Us

We may terminate or suspend your account if you fail to provide required materials (e.g., contact list, sender details) within a reasonable time after the agreed timeline, if you fail to pay amounts due within the stated payment period (e.g., within 10 days of invoice date), or for violation of these Terms, non-payment, or illegal activity.

17.3 Mutual Termination

Both parties may agree to terminate if technical or other issues prevent continued provision or use of the Service.

17.4 Effect of Termination

Upon termination, all rights and licenses granted to you will immediately cease. Sections of these Terms that by their nature should survive termination will survive, including Section 7 (User Content and Data), Section 9 (Payment Terms, including Section 9.1 NO REFUNDS OR RETURNS), Section 11 (Consent, Records & Audit Rights), Section 12 (HIPAA, Protected Health Information & Certifications), Section 15 (Disclaimers and Limitations of Liability), Section 16 (Indemnification), and Section 18 (Dispute Resolution).

18. Dispute Resolution

18.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of law provisions.

Nothing in this Section limits any non-waivable right you may have under the consumer-protection law of your state of residence. Where such a law grants a right that cannot be contractually waived, that right applies notwithstanding this Section.

18.2 Informal resolution first

Before commencing arbitration or any legal action, the complaining party must send a written description of the dispute and the resolution sought to legal@tuco.ai or, if we are the complaining party, to your notice address on file. The parties will then attempt in good faith to resolve the dispute for thirty (30) days from receipt. Neither party may commence arbitration before that period has ended or expired, except for an application under Section 18.5.

18.3 Binding individual arbitration

Except as carved out in Section 18.5, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration, rather than in court. The Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) governs the interpretation and enforcement of this Section. Arbitration will be administered by the American Arbitration Association under its Commercial Arbitration Rules — or its Consumer Arbitration Rules where those apply to you — as modified by this Section, before a single arbitrator, in English, seated in Wilmington, Delaware, or, at your election if you are a consumer, the federal district in which you reside. The arbitrator may award any relief a court could award, and judgment on the award may be entered in any court of competent jurisdiction.

18.4 Class action and jury-trial waiver

ANY ARBITRATION UNDER THESE TERMS WILL PROCEED ON AN INDIVIDUAL BASIS ONLY. CLASS ARBITRATIONS, CLASS ACTIONS, COLLECTIVE ACTIONS, PRIVATE ATTORNEY-GENERAL ACTIONS, AND CONSOLIDATION WITH ANY OTHER PROCEEDING ARE NOT PERMITTED. YOU AND TUCO.AI EACH WAIVE THE RIGHT TO A TRIAL BY JURY AND THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

18.5 Carve-outs

The arbitration requirement does not apply to:

• a claim within the jurisdiction of a small-claims court in the county in which you reside, brought individually and kept in that court on a non-class basis;
• an application for injunctive or other equitable relief arising from actual or threatened infringement, misappropriation, or violation of either party's intellectual-property rights or confidential information, which may be brought in any court of competent jurisdiction; or
• any claim that applicable federal law makes non-arbitrable, including a claim alleging sexual assault or sexual harassment, which you may elect to bring in court under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 (9 U.S.C. §§ 401–402).

Any action not subject to arbitration will be brought exclusively in the state or federal courts located in Delaware, and each party consents to that jurisdiction and venue and waives any objection to it, except as provided by the small-claims and non-arbitrable carve-outs above.

18.6 Coordinated and mass filings

If twenty-five (25) or more substantially similar arbitration demands are filed against us by or with the coordination of the same counsel or the same coordinated group within a thirty-day period, the parties agree the AAA will administer them in sequential batches of up to fifty (50) cases, and that filing fees and arbitrator compensation for each subsequent batch are deferred until the immediately preceding batch has concluded. The parties will negotiate in good faith to resolve batched cases efficiently, including through a bellwether process where appropriate.

18.7 Severability of this Section

If any provision of this Section is found unenforceable, that provision will be severed and the remaining provisions will continue to apply. However, if the prohibition on class or collective proceedings in Section 18.4 is found unenforceable as to a particular claim or remedy, that claim or remedy alone — and only that claim or remedy — will be severed from arbitration and may be brought in the courts identified in Section 18.5. The rest of this Section, including the arbitration requirement for all other claims, remains in force.

18.8 Costs

In any arbitration or court action arising out of or relating to these Terms, the substantially prevailing party is entitled to recover its reasonable attorneys' fees and costs, including expert fees and arbitration fees, except where applicable law provides otherwise.

19. General Provisions

19.1 Independent Contractors

You and Tuco.ai are independent contractors. These Terms do not create a partnership, joint venture, employment, or agency relationship.

19.2 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Tuco.ai regarding the Service and supersede prior discussions or agreements.

19.3 Amendments

Any change to a signed order or agreement between us must be made in writing and agreed by both parties. Changes to these standard Terms are made by posting the updated Terms on this page and updating the "Last updated" date, subject to the thirty-day advance notice for material changes in Section 1; your continued use on or after the effective date constitutes acceptance.

19.4 Severability

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

19.5 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

19.6 Assignment

You may not assign or transfer these Terms or your account without our prior written consent. We may assign these Terms without restriction.

19.7 Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including natural disasters, war, terrorism, labor disputes, or internet or third-party service failures.

20. Contact Information

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

21. Related Resources

• Privacy Policy - Understand how we handle data
• GDPR Compliance - Review regional privacy rights
• Security - Learn about infrastructure and safeguards
• Contact - Reach legal, privacy, or support teams