Terms of Service

Version 2026-09-30

Draft, pending legal review. Bracketed items in [square brackets] are still to be filled in.

These terms govern your use of HertzReach, a customer relationship and messaging platform operated by [company legal name], powered by ElevenHertz ("we", "us"). By creating an account you agree to them on behalf of yourself and the organization you represent ("you").

1. The service

HertzReach lets you store contacts, organise them into lists, and send SMS messages and make calls to them. Messages are delivered through telephone carriers and our messaging provider, which we do not control. We do not guarantee that any message will be delivered.

2. Your account

You are responsible for the accounts of everyone you add to your workspace and for keeping credentials secure. Tell us promptly if you suspect unauthorised access. You must provide accurate information and be authorised to bind your organization.

3. Acceptable use policy

You agree that you will not use HertzReach to:

message anyone who has not given you the consent the law requires for that kind of message, and you keep the evidence of that consent;
continue to message anyone who has opted out. You must honour STOP and equivalent requests immediately, and you must not re-add them;
message lists that were bought, rented, scraped or otherwise obtained without consent;
send spam, phishing, scams, or deceptive or misleading content, or hide who you are;
send content that is unlawful, harassing, threatening, or that promotes illegal drugs, weapons or other prohibited goods or services;
break the laws and carrier rules that apply to your messages and recipients, including those on marketing messages, calling hours, opt-in and opt-out, and required registration;
try to evade limits, filters or suspension, or interfere with the service or other customers.

Your messages can put our messaging accounts at risk for every customer, so we may limit, suspend or terminate a workspace at any time, with or without notice, if we believe this policy has been broken or the service is at risk. We may also cooperate with carriers, providers and authorities.

4. Your data

You own the contact data and content you put into HertzReach. You give us permission to process it only to provide the service. You are responsible for having the right to upload it and for using it lawfully. See the Privacy Policy for how we handle data.

5. Fees, credit and suspension for non-payment

Fees, and the price of messages and calls, are as agreed with you when you subscribe [pricing to be confirmed]. Messaging is paid from prepaid credit. When your credit is exhausted, sending stops until credit is added. If a subscription fee is overdue, we may make your workspace read-only and then suspend it. Fees are non-refundable except where the law requires.

6. Availability and changes

We work to keep the service available but it is provided "as is". We may change or discontinue features, and we will give reasonable notice of changes that materially harm you.

7. Liability

To the extent the law allows, we are not liable for indirect or consequential loss, lost profits, or messages that are not delivered, and our total liability for any claim is limited to the fees you paid us in the three months before it arose. Nothing here limits liability that cannot be limited by law.

8. Ending the agreement

You can stop using the service at any time. We may suspend or end your access as described above. On ending, you may export your data for a reasonable period, after which we may delete it.

9. General

These terms are governed by the laws of [jurisdiction]. If we change them, the version shown above changes, and we will ask you to accept material changes. Questions: [contact email].