Terms of Service

1. Acceptance of Terms

By accessing or using Fresko ("the Service"), you agree to be bound by these Terms of Service. If you do not agree to these terms, do not use the Service.

2. Description of Service

Fresko is an SMS marketing platform that allows you to send text messages to your contacts. The Service includes message composition, contact management, scheduling, and delivery tracking.

3. Account Registration

To use the Service, you must:

Be at least 18 years old
Provide accurate and complete registration information
Maintain the security of your account credentials
Accept responsibility for all activities under your account

4. Acceptable Use Policy

You agree NOT to use the Service to send messages that:

Violate any applicable laws or regulations
Are sent without proper recipient consent (TCPA compliance required)
Contain spam, phishing, or fraudulent content
Promote illegal products or services
Contain adult, violent, or hateful content
Promote cannabis, CBD, gambling, or firearms
Impersonate others or misrepresent your identity
Violate carrier policies or Twilio's Acceptable Use Policy

We reserve the right to review message content and suspend accounts that violate these policies.

5. Consent Requirements

You are responsible for obtaining proper consent from recipients before sending SMS messages. This includes:

Express written consent for marketing messages
Clear disclosure of message frequency and content
Honoring opt-out requests promptly
Maintaining records of consent

Failure to obtain proper consent may result in account termination and legal liability.

6. Payment Terms

Trial accounts include limited free messages after a $1 verification fee
Paid subscriptions are billed annually in advance
Overage charges are billed at the end of each billing cycle
All fees are non-refundable unless required by law
We may change pricing with 30 days notice

7. Service Availability

We strive to maintain high availability but do not guarantee uninterrupted service. We are not liable for delays or failures caused by:

Carrier network issues
Third-party service outages (Twilio, Stripe, etc.)
Scheduled maintenance (we will provide advance notice when possible)
Events beyond our reasonable control

8. Intellectual Property

The Service, including its design, features, and content, is owned by Fresko. You retain ownership of your data (contacts, messages, templates). You grant us a license to use your data solely to provide the Service.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FRESKO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES.

Our total liability shall not exceed the amount you paid us in the 12 months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless Fresko from any claims, damages, or expenses arising from your use of the Service, including violations of these Terms or applicable laws.

11. Termination

Either party may terminate this agreement at any time. You may delete your account from the Settings page. We may suspend or terminate accounts that violate these Terms. Upon termination, your data will be deleted in accordance with our Privacy Policy.

12. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes via email or notice on the Service. Continued use after changes constitutes acceptance.

13. Governing Law

These Terms are governed by the laws of the State of Florida, United States, without regard to conflict of law principles.