Terms and Conditions

1. DEFINITIONS

For purposes of this Agreement, the following terms shall have the meanings set forth below:

"Agreement" means this Terms of Service Agreement, together with any Order Forms, Schedules, Addenda, or other documents incorporated herein by reference.

"Services" means all websites, CRM systems, communication tools, automation systems, AI tools, advertising management, review management, phone services, SMS/MMS messaging, voice services, number provisioning, and related software provided by Company, whether accessed through a web interface, API, mobile application, or any other means.

"Subscription" means any recurring paid service plan entered into by Client, which provides access to the Services for a defined Billing Cycle in exchange for periodic fees.

"Usage Charges" means all variable, metered, and rebillable costs incurred by Client in connection with use of the Services, including but not limited to SMS and MMS messaging, voice call minutes, phone number provisioning, carrier pass-through fees, regulatory surcharges, number intelligence services, and any other consumption-based charges.

"Billing Cycle" means the recurring monthly period commencing on the date of Client's initial purchase and renewing on the same calendar date each subsequent month.

"Client" means any individual or entity that purchases, subscribes to, accesses, or uses the Services, including persons acting on behalf of a business entity.

"Company" means MoreOutput LLC, doing business as MoreOutput | ForAttys, and its officers, directors, employees, agents, and successors.

"Platform" means the proprietary software, systems, interfaces, and infrastructure through which the Services are delivered.

2. ELIGIBILITY AND AUTHORITY

By accessing or using the Services, you represent and warrant to Company that each of the following is and will remain true throughout the term of this Agreement:

- You are at least eighteen (18) years of age. The Services are not intended for and may not be used by individuals under the age of eighteen.

- You possess full legal capacity and authority to enter into this Agreement and to be bound by its terms, and no legal disability, guardianship, or other impediment prevents you from doing so.

- You are not prohibited from using the Services under any applicable federal, state, local, or foreign law, regulation, rule, order, or sanction, including without limitation any export control or economic sanctions laws.

- If you are entering into this Agreement on behalf of a corporation, limited liability company, partnership, sole proprietorship, or other business entity, you represent and warrant that you have been duly authorized by such entity to execute this Agreement and to bind such entity to its terms. In such event, "Client" shall refer to both you individually and the business entity on whose behalf you are acting, and both you and such entity shall be jointly and severally liable for all obligations hereunder.

- All information you provide to Company in connection with registration, account creation, or payment is and will remain accurate, current, and complete.

Company reserves the right to refuse access to the Services to any person or entity at its sole discretion.

3. SMS & A2P 10DLC MESSAGING TERMS

3.1 Consent to Receive Messages

By opting into SMS or MMS services provided through the Platform, you expressly consent to receive text messages relating to the following categories:

- Service notifications and account updates

- Marketing and promotional communications

- Appointment reminders and follow-up messages

- Account authentication and two-factor authentication (2FA)

- Transactional and operational communications

Message frequency will vary based on your configuration and use of the Platform. Consent must be obtained and documented through one or more of the following: website opt-in forms, written agreements, recorded verbal authorization, or other legally compliant opt-in methods approved under applicable law.

IMPORTANT: You are solely and exclusively responsible for obtaining, documenting, and maintaining proper prior express written consent from all recipients to whom you send messages using the Platform. Company assumes no liability whatsoever for your failure to obtain required consent.

3.2 Carrier Fees and Delivery

Standard message and data rates apply to all messages sent and received, based on the recipient's mobile carrier plan. Company does not guarantee message delivery, delivery speed, carrier acceptance, or uninterrupted messaging service. Delivery failures may occur due to carrier filtering systems, network outages, compliance flags, device limitations, or number deactivation. Company shall have no liability for any undelivered messages or consequences resulting therefrom.

3.3 Opt-Out and Compliance

All messaging campaigns conducted through the Platform must comply with the following opt-out protocols and all requirements imposed by applicable law and carrier guidelines:

- Recipients may opt out of further messages at any time by replying STOP. You must honor all opt-out requests immediately and permanently.

- Recipients may request assistance or information by replying HELP.

- You agree to implement and maintain compliant opt-out mechanisms for all messaging campaigns.

You agree to comply with all applicable messaging laws and regulations, including but not limited to the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, CTIA guidelines, carrier-specific acceptable use policies, and all applicable state and local laws governing electronic communications.

4. CLIENT RESPONSIBILITIES & LEGAL COMPLIANCE

You agree to access and use the Services in strict compliance with all applicable federal, state, local, and international laws and regulations, including without limitation:

- Telephone Consumer Protection Act (TCPA)

- CAN-SPAM Act

- Federal Trade Commission Act and FTC regulations

- Applicable federal and state privacy laws, including the CCPA where applicable

- Telecommunications regulations and carrier guidelines

- State bar advertising rules and professional responsibility standards governing attorney advertising, if applicable

- All applicable anti-spam, data protection, and consumer protection statutes

You may not use the Services to transmit, publish, distribute, or facilitate any content or communications that are unlawful, fraudulent, misleading, deceptive, harassing, threatening, defamatory, obscene, infringing upon third-party intellectual property rights, or in violation of any applicable advertising, professional, or ethical regulations.

You are solely responsible for all communications transmitted through the Platform using your account credentials, regardless of whether such transmissions were authorized by you. Company assumes no liability for your misuse of the Services, and you agree to indemnify Company for all such claims as further set forth in Section 14 below.

5. SUBSCRIPTION TERMS & BILLING

5.1 Advance Billing and Automatic Renewal

All Subscriptions are billed in advance at the commencement of each Billing Cycle. By providing payment information and activating a Subscription, you expressly authorize Company to charge your designated payment method on a recurring basis for the applicable Subscription fee. Unless properly canceled in accordance with Section 5.2 below, your Subscription will automatically renew at the conclusion of each Billing Cycle without further action or notice from you.

5.2 Cancellation Requirements

To cancel a Subscription, Client must provide written notice of cancellation to Company at least thirty (30) calendar days prior to the commencement of the next Billing Cycle. Written notice may be submitted by email to [email protected] or through any other written cancellation method designated by Company.

Failure to provide timely written notice of cancellation will result in one (1) final billing charge for the subsequent Billing Cycle, after which the Subscription will not renew. Cancellation does not relieve Client of any outstanding balances owed for prior Billing Cycles or Usage Charges accrued prior to cancellation. No partial-period refunds or prorations will be provided under any circumstances.

6. USAGE-BASED CHARGES (REBILLABLE COSTS)

6.1 Current Service Rates (Subject to Change)

- Phone Numbers (first 3 free) Local: $1.15/mo | Toll-Free: $2.15/mo

- SMS: (US/Canada) $0.0079 per segment (inbound & outbound)

- MMS: (US/Canada) Outbound: $0.02  ·  Inbound: $0.01–$0.02

- Voice Calls: Outbound $0.0180/min

- Voice Calls: Inbound$0.0085–$0.0220/min

- Number Intelligence Services: $0.005–$0.01 per function

6.2 Digital Wallet and Auto Top-Up

Clients are required to maintain a prepaid digital wallet balance sufficient to cover ongoing Usage Charges. If the wallet balance falls below the minimum threshold established by Company, an automatic top-up will be triggered and the applicable charge will be applied to the stored payment method on file. Client is solely responsible for ensuring that a valid, active payment method is maintained at all times. Company shall not be liable for any service interruptions resulting from insufficient wallet balances or payment method failures.

7. NO REFUND POLICY

ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. BY PURCHASING OR SUBSCRIBING TO ANY SERVICE, CLIENT EXPRESSLY ACKNOWLEDGES AND AGREES TO THIS NO REFUND POLICY.

This No Refund Policy applies to all payments made to Company, including without limitation:

- Subscription fees, whether monthly or otherwise

- One-time setup fees and onboarding fees

- Usage Charges and metered costs

- Prepaid wallet deposits and commitments

- Promotional, discounted, or bundled purchases

The Services involve immediate provisioning of infrastructure, allocation of dedicated resources, configuration of third-party integrations, and incurrence of carrier and vendor costs that cannot be reversed once initiated. Accordingly, no refunds will be issued for any reason, including dissatisfaction with the Services, non-use or underuse, business closure, changes in business circumstances, advertising performance or outcomes, or misunderstanding of features or capabilities.

8. CHARGEBACKS & DISPUTES

Client expressly agrees not to initiate chargebacks, payment reversals, or disputes with Client's financial institution or payment processor for any fees lawfully charged by Company for validly rendered Services. Client acknowledges that initiating a chargeback for a valid charge constitutes a material breach of this Agreement.

In the event a chargeback or dispute is initiated, Company expressly reserves the right to contest such chargeback by submitting all evidence in Company's possession to the relevant financial institution or payment processor, which may include:

- Signed or electronically accepted agreements and terms

- IP address logs and geolocation data

- Platform access records and usage data

- Communications logs and proof of message delivery

- Payment authorization records

Chargebacks initiated in bad faith or without a legitimate legal basis may result in, at Company's election: (a) immediate termination of Client's account; (b) referral to a collections agency; (c) initiation of legal proceedings for recovery of the disputed amount; and (d) recovery of Company's attorney's fees, court costs, and collection costs to the fullest extent permitted by applicable law.

9. SERVICE FULFILLMENT

Services are deemed fully rendered and delivered upon the occurrence of the earliest of the following:

- The applicable website or digital asset has been completed and made accessible to Client;

- Platform access credentials have been issued to Client; or

- Automation configuration, campaign setup, or other contracted deliverables have been completed.

Client participation in onboarding sessions, training, or implementation calls is not a condition precedent to service fulfillment. Client's failure or refusal to engage in onboarding activities, schedule implementation calls, or respond to Company communications shall not delay the determination of service fulfillment or relieve Client of any payment obligations.

10. FREE TRIALS & PROMOTIONS

Company may, at its sole discretion, offer free trials or promotional pricing to new or existing Clients. During a free trial period, limited setup and configuration may occur. Full deployment of Services, including automation and messaging functionality, commences only upon paid activation. Promotional pricing or trial offers do not modify, waive, or supersede any provision of this Agreement. Upon conversion to a paid Subscription, all terms herein apply in full.

11. PAYMENT FAILURE & SUSPENSION

In the event of a failed payment, Company may, at its discretion, reattempt the charge against the stored payment method one or more times. Company reserves the right, without prior notice or liability, to take any or all of the following actions upon payment failure:

- Immediately suspend Client's access to the Platform and Services

- Disable provisioned phone numbers

- Pause or terminate active messaging and voice services

- Terminate Client's account for non-payment

Restoration of suspended Services requires full payment of all outstanding balances, including any reattempt fees or reinstatement charges as may be applicable. Company shall not be liable for any losses, damages, or missed opportunities arising from suspension or termination of Services due to payment failure.

12. INTELLECTUAL PROPERTY

All Platform software, automation systems, workflows, templates, designs, user interfaces, algorithms, source code, and related infrastructure are and shall remain the exclusive intellectual property of Company. This Agreement does not convey to Client any ownership interest in the Platform or any component thereof.

Subject to Client's compliance with this Agreement and timely payment of all fees, Company grants Client a limited, non-exclusive, non-transferable, revocable license to access and use the Services solely for Client's internal business purposes during the term of the active Subscription. This license is personal to Client and may not be sublicensed, assigned, or transferred without Company's prior written consent.

13. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY'S TOTAL AGGREGATE LIABILITY TO CLIENT FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE SERVICES SHALL NOT EXCEED THE TOTAL FEES PAID BY CLIENT TO COMPANY IN THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

In no event shall Company be liable for any indirect, incidental, special, punitive, exemplary, or consequential damages of any kind, including but not limited to lost profits, lost revenue, diminution in business value, loss of data, failure to achieve advertising performance targets, missed business opportunities, or reputational harm, even if Company has been advised of the possibility of such damages.

The foregoing limitations apply regardless of the legal theory under which the claim is asserted, whether contract, tort, strict liability, or otherwise. Some jurisdictions do not permit the exclusion or limitation of certain damages; in such jurisdictions, Company's liability shall be limited to the greatest extent permitted by law.

14. INDEMNIFICATION

Client agrees to indemnify, defend (with counsel reasonably acceptable to Company), and hold harmless Company and its officers, directors, members, managers, employees, agents, affiliates, successors, and assigns from and against any and all claims, demands, actions, proceedings, judgments, damages, losses, fines, penalties, costs, and expenses (including reasonable attorney's fees and court costs) arising out of or related to:

- Client's misuse of the Services or Platform;

- Client's violation of any provision of this Agreement;

- Violation of any applicable law, regulation, or third-party right arising from Client's use of the Services;

- Client's failure to obtain, maintain, or honor required recipient consents for messaging;

- Complaints, investigations, or enforcement actions arising from Client's messaging campaigns or advertising content;

- Any content transmitted by Client through the Platform; or

- Any claims asserted by Client's customers, prospective clients, or message recipients.

15. MODIFICATION OF TERMS

Company reserves the right to modify, amend, or update this Agreement at any time and for any reason, in its sole discretion. Updated terms will become effective upon publication on Company's website or delivery of notice to Client via email or Platform notification. Client's continued access to or use of the Services following publication of updated terms constitutes Client's acceptance of such modifications. It is Client's responsibility to review this Agreement periodically for changes.

16. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement shall be governed by and construed in accordance with the laws of the State of [Insert State], without regard to its conflict-of-laws provisions. Any dispute, claim, or controversy arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation, or validity thereof, shall be submitted to and resolved exclusively in the state or federal courts located within [Insert County], [Insert State].

Client irrevocably waives any and all objections to personal jurisdiction, subject matter jurisdiction, and venue in such courts, and agrees not to assert that any such court is an inconvenient forum. EACH PARTY HEREBY IRREVOCABLY WAIVES ALL RIGHTS TO A TRIAL BY JURY IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT.

17. ACCEPTANCE OF TERMS

By purchasing Services, accessing the Platform, activating a Subscription, or checking the acceptance box at checkout, Client represents, warrants, and confirms each of the following:

- Client has read this Agreement in its entirety;

- Client understands the rights and obligations set forth herein;

- Client agrees to be legally bound by all provisions of this Agreement;

- Client accepts and agrees to the No Refund Policy set forth in Section 7;

- Client waives the right to initiate chargebacks for validly rendered Services, as provided in Section 8; and

- If accepting on behalf of a business entity, Client has full authority to bind such entity to this Agreement.

This Agreement constitutes the entire agreement between Client and Company with respect to the subject matter hereof and supersedes all prior negotiations, representations, warranties, and understandings of the parties.

18. CONTACT INFORMATION

For questions about this Agreement, cancellation requests, or any other matters, please contact Company at:

MoreOutput | ForAttys

Operated by MoreOutput LLC

Email: [email protected]

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