These terms are an agreement between you (the brand or agency we work with) and Allante Johnson LLC, doing business as TellySend ("we", "us"). They apply to our website, our app, and the email and SMS services we run for you. By signing a proposal or using the app, you agree to them.
1. Your proposal
TellySend is a managed service. What we run for you, the monthly fee and the term are set out in your proposal or order. If your proposal and these terms disagree, the proposal wins.
2. What we do
We plan, design, write, build and send your email and, if included, your text messages, set up and warm up your sending domain, watch deliverability, and report results. You get logins for your team to see your account.
We work hard on deliverability, but no one controls inbox placement, carrier approval or sales. We don't guarantee any particular open rate, inbox placement, carrier registration result or revenue.
3. What you're responsible for
- Consent. Every contact you give us must have agreed to hear from you, and you'll give us the records when we ask. No bought, rented or scraped lists.
- Your products. What you sell must be lawful where you sell and ship it. You're responsible for your products, their labeling and how they're sold.
- Accurate information. Prices, product details, discount codes and offers you give us must be correct. Codes named in an email must exist in your store.
- Approvals. Where your proposal has you approve campaigns before they send, an approval means the content is accurate and yours to publish.
- Your logins. Keep your team's passwords private and tell us if an account may be compromised.
4. Acceptable use
Messages we send for you must follow the laws and rules that apply to them, including CAN-SPAM, the TCPA, state telemarketing laws and mobile carrier rules. Copy for products sold for research use stays in research-use language: no dosing, no human-use instructions and no health claims. We may decline, edit or hold any message that we believe breaks these rules. Our Acceptable Use Policy sets these rules out in full and is part of these terms.
5. Text messages
Texting requires registering your brand and message types with the US carriers. Carriers decide what they approve, and what a brand can send depends on what it sells. We handle the registration, send only to people who opted in, keep texts within daytime hours, add opt-out instructions, and honor STOP immediately. Text messages use prepaid credits, which are used as texts are sent.
6. Protecting deliverability
We may pause or slow sending, or set contacts aside, when bounces, spam complaints or other signals put your sending domain or our service at risk, or when a send would break the law or these terms. We'll tell you why and work with you to resume.
7. Fees and payment
Fees are set in your proposal and billed monthly in advance through Stripe, along with any text message credits you buy. You authorize us to charge your payment method on file. Fees don't include taxes. Unless your proposal says otherwise, fees and credits are non-refundable. If a payment fails and isn't fixed after we tell you, we may pause sending until it is.
8. Your data
You own your contacts, store data and content ("Customer Data"). You give us permission to use it only to provide and improve the service for you, as described in our Privacy Policy. You can ask for an export of your contacts and their consent records at any time. After your account ends, we delete Customer Data within 30 days unless you ask us to return it first or the law requires us to keep it. Unsubscribe and opt-out records may be kept so they keep being honored.
9. Ownership
The TellySend platform, software and know-how belong to us. The emails, designs and copy we create for you are yours to use once the fees for them are paid. You give us permission to use your name and logo to provide the service. We won't name you publicly as a client without your OK.
10. Confidentiality
Each side keeps the other's non-public business information confidential and uses it only for this relationship.
11. Ending the service
The term is set in your proposal. If it isn't, either side can end the service with 30 days' written notice. We may end or suspend the service sooner if you seriously break these terms, for example by sending to contacts who didn't consent or by not paying.
12. Disclaimers
Except as stated in these terms, the service is provided as is, without warranties of any kind, including merchantability, fitness for a particular purpose and non-infringement. Delivery of email and texts depends on mailbox providers, carriers and other services we don't control.
13. Limit of liability
To the extent the law allows, neither side is liable for indirect, incidental, special or consequential damages, or for lost profits or revenue. Our total liability for any claim is limited to the fees you paid us in the 12 months before the claim.
14. Indemnity
You'll defend and cover us against claims that come from your products, your content, the contacts you gave us, or your breaking the law or these terms.
15. Governing law
These terms are governed by the laws of the State of Michigan, without regard to its conflict of laws rules. Disputes will be heard in the state or federal courts located in Michigan.
16. Changes
We may update these terms. We'll change the date at the top and tell customers about significant changes by email at least 30 days before they take effect.
17. Contact
Allante Johnson LLC, doing business as TellySend. Reach us through our contact page.