Terms of Service

1. Agreement to Terms

By accessing or using DirectLine's website, applications, or services (the "Services"), you agree to these Terms of Service ("Terms"). If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization.

2. Definitions

• "Customer" means the business entity subscribing to the Services.
• "Authorized Users" means Customer's employees/contractors permitted to use the Services.
• "End Customers" means Customer's customers/recipients whose contact data is processed to deliver campaigns.
• "Customer Data" means data submitted to the Services by or on behalf of Customer (including contact details, consent flags, campaign content, and analytics).
• "Content" means text, images, or other materials submitted or generated through the Services.

3. Service Description

DirectLine provides a subscription-gated campaign platform that enables Customers to create and send email, SMS, and MMS campaigns, manage opt-in lists, and access delivery and engagement analytics. Certain features may include AI-assisted image processing.

4. Eligibility & Accounts

• You must be at least 18 years old to use the Services.
• You must provide accurate account information and keep it updated.
• You are responsible for all activity under your account and your Authorized Users' access.
• You must promptly notify us of suspected unauthorized access.

5. Customer Responsibilities

Customer is responsible for how it uses the Services, including ensuring Customer Data is lawfully collected and used.

• Obtain all required consents and permissions for messaging (email/SMS/MMS) before sending campaigns.
• Comply with applicable laws (e.g., CAN-SPAM, TCPA, CASL, GDPR/UK GDPR, and local equivalents).
• Ensure message content is truthful and not misleading.
• Maintain appropriate records of consent where required.
• Only upload Customer Data you have the right to process.

6. Messaging & Compliance Rules

DirectLine offers tooling for compliance (consent metadata, unsubscribe handling, logging). Customer remains solely responsible for legal compliance of its campaigns, including:

• Proper opt-in/consent (especially for SMS/MMS).
• Honoring opt-out/unsubscribe requests promptly.
• Including required disclosures and sender identification.
• Following carrier and provider policies (e.g., A2P requirements where applicable).

7. Acceptable Use

You agree not to use the Services to:

• Send unlawful, abusive, deceptive, or fraudulent communications.
• Send spam or messages without required consent.
• Distribute malware, phishing, or harmful code.
• Infringe intellectual property or privacy rights.
• Attempt to bypass subscription gating, rate limits, or security controls.
• Probe, scan, or test vulnerabilities without permission.

Messaging Compliance

Customer must comply with applicable email/SMS/MMS laws and provider/carrier policies. See our Messaging Compliance Addendum and Acceptable Use Policy.

8. Subscriptions, Fees & Billing

Access to sending capabilities may be subscription-gated. By purchasing a subscription, Customer authorizes DirectLine (and its payment processor) to charge subscription fees and applicable usage-based fees (e.g., per-message or per-image charges) as displayed during checkout or in applicable pricing terms.

• Fees are generally non-refundable except where required by law or explicitly stated.
• Customer is responsible for taxes, except those based on DirectLine's income.
• If payment fails or the subscription becomes inactive, sending may be restricted.

9. Third-Party Services

The Services rely on third-party providers (e.g., payment, messaging, infrastructure, AI services). DirectLine is not responsible for outages or failures caused by third-party services, though we will make reasonable efforts to restore service.

9.5 Support & SLA

Support is provided via our Support Policy. Response targets are best-effort unless a signed enterprise agreement states otherwise.

10. Customer Data & Privacy

DirectLine processes Customer Data in accordance with our Privacy Policy and Data Processing Addendum (DPA), where applicable.

11. Intellectual Property

DirectLine retains all rights in the Services, including software, design, and trademarks. Customer retains rights to its Customer Data and Content. Customer grants DirectLine a limited license to process Customer Data and Content solely to provide and improve the Services, consistent with the Privacy Policy and DPA.

12. AI Features

If Customer uses AI features (e.g., image enhancement), Customer is responsible for ensuring it has rights to upload the images and that outputs are reviewed before use. DirectLine does not guarantee that AI outputs will be error-free or compliant for any specific regulatory use case.

13. Confidentiality

Each party may receive confidential information from the other. Each party agrees to protect the other's confidential information using reasonable care and to use it only for purposes of providing or using the Services.

14. Termination

Customer may stop using the Services at any time. DirectLine may suspend or terminate access if Customer violates these Terms, fails to pay, or uses the Services in a way that poses risk to the platform, recipients, or providers.

15. Disclaimers

The Services are provided "as is" and "as available." To the maximum extent permitted by law, DirectLine disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement.

16. Limitation of Liability

To the maximum extent permitted by law, DirectLine will not be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, data, or goodwill.

To the maximum extent permitted by law, DirectLine's total liability under these Terms will not exceed the amounts paid by Customer to DirectLine for the Services in the 3 months preceding the event giving rise to liability.

17. Indemnification

Customer will defend and indemnify DirectLine from claims arising out of Customer's use of the Services, including claims relating to Customer Data, message content, consent, and legal compliance.

18. Changes to Services or Terms

We may update the Services and these Terms over time. If changes are material, we will post an updated version with a revised effective date.

19. Governing Law & Venue

These Terms are governed by the laws of [Insert State/Country], without regard to conflict of laws principles. Venue for disputes will be in the courts located in [Insert County/State/Country], unless applicable law requires otherwise.

20. Export Controls & Sanctions

You may not use the Services if you are located in, under the control of, or a national or resident of any country subject to embargo or sanctions, or if you are on any restricted-party list. You agree to comply with applicable export control and sanctions laws.

21. IP Notice / DMCA

If you believe content in the Services infringes your intellectual property rights, contact us at legal@directline.solutions with details sufficient to investigate the claim.

22. Contact

Support: support@directline.solutions
Privacy: privacy@directline.solutions
Legal: legal@directline.solutions