These Terms of Service ("Terms") govern your access to and use of TextFuse ("TextFuse", "we", "us", "our"), an SMS marketing and messaging service operated from Canada. By creating an account, clicking "I agree", or using the service, you agree to these Terms. If you do not agree, do not use the service.
1. Who can use TextFuse
You must be at least 18 years old and authorized to bind the business you represent. TextFuse is built for legitimate business communication — home service companies, salons, clinics, retailers, and similar small businesses communicating with their own customers who have provided consent.
2. Your account
You are responsible for the activity that happens under your account, including messages sent by your team members. Keep your password confidential and notify us at support@textfuse.ca if you suspect unauthorized access.
3. Acceptable use
You agree that you will not, and will not allow anyone to:
- Send messages to recipients who have not given you express consent, or who have opted out;
- Send unsolicited commercial messages in violation of Canada's Anti-Spam Legislation (CASL), the US Telephone Consumer Protection Act (TCPA), or any equivalent law in your recipient's jurisdiction;
- Send content that is unlawful, fraudulent, hateful, sexually explicit, or designed to harass;
- Send messages promoting SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco) or regulated products (cannabis, CBD, gambling, payday loans, cryptocurrency) without prior written approval from TextFuse;
- Send phishing, malware, or deceptive links;
- Bypass or attempt to bypass opt-out handling, rate limits, or compliance safeguards;
- Scrape, reverse-engineer, or resell the service;
- Use the service in a way that could impair its operation for other customers.
We will suspend or terminate accounts that violate these rules without refund. Carrier complaints, high spam-flag rates, or a filing from a telecom regulator are grounds for immediate suspension.
4. Consent and opt-out (your responsibility)
You are the sender of record for every message sent from your account. That means:
- You must have express consent from each recipient before sending them a commercial message. Examples of valid consent: a checkbox on your website at signup, a completed intake form, a text-back keyword response, a signed service agreement that explicitly mentions SMS updates.
- You must keep a record of when and how each contact consented. TextFuse stores your contact list and tags, but you own the underlying consent evidence.
- You must honour every opt-out within 10 business days. TextFuse processes
STOP,UNSUBSCRIBE,CANCEL,END, andQUITautomatically and marks the contact as opted out. - You must include sender identification in your messages (e.g., your business name).
See our SMS Compliance Policy for full detail, including the auto-appended opt-out footer on all broadcasts.
5. Subscription and billing
TextFuse is offered on a monthly subscription at the price posted on textfuse.ca/pricing. Payment is collected at signup. If you are not satisfied within the first 30 days, contact us for a full refund.
Subscriptions renew automatically every month until cancelled. You may cancel at any time from the billing page in your dashboard; cancellation takes effect at the end of the current billing period and your data remains accessible until that date.
SMS usage above the monthly included allotment is billed at the overage rate posted on the pricing page, added to the following month's invoice.
All payments are processed by Stripe, Inc. TextFuse does not store credit card numbers. Refund requests within the first 30 days will be honoured in good faith; after 30 days, fees are generally non-refundable.
6. Messaging fees and carrier surcharges
Canadian and US mobile carriers may charge per-message surcharges (the "A2P" or "10DLC" fee). These fees are passed through at cost and are itemized on your invoice. Rates are subject to change based on carrier pricing.
7. Your content and data
You retain ownership of all customer data, contacts, message content, and templates you upload to TextFuse. You grant us a limited, non-exclusive licence to host, process, and transmit that content solely for the purpose of operating the service on your behalf.
See our Privacy Policy for how we handle personal information.
8. Service availability
We target 99.5% monthly uptime but do not guarantee uninterrupted service. Message delivery depends on third-party carriers, SIM-gateway hardware, and destination-network conditions, which we do not control. We will use reasonable efforts to notify you of planned maintenance.
9. Intellectual property
The TextFuse software, design, logos, and documentation are owned by TextFuse and protected by copyright, trademark, and other intellectual-property law. Nothing in these Terms transfers ownership to you.
10. Termination
You may close your account at any time from the dashboard. We may suspend or terminate your account immediately if you violate these Terms, fail to pay, or trigger a carrier complaint. After termination, we may retain your data for up to 90 days to permit export, then delete it except where we are required to retain it by law.
11. Disclaimer of warranties
TextFuse is provided "as is" and "as available" without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, or non-infringement. We do not warrant that every message will be delivered or that the service will be error-free.
12. Limitation of liability
To the maximum extent permitted by law, our total liability to you for any claim arising out of or relating to the service is limited to the amount you paid us in the 12 months preceding the claim. We are not liable for lost profits, lost revenue, lost data, or indirect, incidental, special, consequential, or punitive damages, even if advised of the possibility.
13. Indemnification
You agree to defend and indemnify TextFuse against any third-party claim, damages, or fines arising from your use of the service, the content of your messages, your failure to obtain consent, or your breach of these Terms.
14. Changes to these Terms
We may update these Terms from time to time. Material changes will be posted on this page with a new "Last updated" date and, where reasonably possible, notified by email. Your continued use of the service after an update constitutes acceptance.
15. Governing law
These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree to the exclusive jurisdiction of the courts located in Ottawa, Ontario for any dispute that the parties cannot resolve through good-faith discussion.
16. Contact
Questions about these Terms: support@textfuse.ca.