Terms of Service

1. Agreement to Terms

By creating an account or using the Xtreme Communications platform ("Service"), you agree to be bound by these Terms of Service and our Privacy Policy. If you are using the Service on behalf of a company, you represent that you have authority to bind that company.

2. Description of Service

Xtreme Communications provides a cloud-based communications platform offering SMS, MMS, voice calling, WhatsApp Business messaging, email automation, AI voice agents, phone number provisioning, and related developer APIs. The Service is provided on a subscription and pay-as-you-go basis.

3. Account Registration

• You must provide accurate registration information and keep it updated
• You are responsible for safeguarding your API keys and account credentials
• You must be at least 18 years old and authorized to enter contracts
• One account per person or entity; no account sharing or reselling without permission

4. Acceptable Use

You agree to comply with our Acceptable Use Policy and all applicable laws including:

• Telephone Consumer Protection Act (TCPA) — prior express consent for automated calls/texts
• CTIA A2P 10DLC — registration and campaign compliance for application-to-person messaging
• CAN-SPAM Act — opt-out and identification requirements for commercial email
• WhatsApp Business Messaging Policy — template approval and 24-hour session rules
• GDPR, CCPA/CPRA, and other applicable data protection laws

5. Billing & Payments

• Subscription plans are billed monthly or annually via Wix Payments (Base44 Payments)
• Pay-as-you-go usage is metered and billed based on actual consumption
• Phone numbers incur monthly rental fees until released
• Overages beyond plan limits are billed at published rates
• Refunds are issued at our discretion for service outages per our SLA
• Failed payments may result in service suspension after a 5-day grace period

6. AI Agent Services

AI voice agents, content generation, and conversational AI are provided "as is" with no guarantee of accuracy or specific outcomes. You are responsible for reviewing and approving AI-generated content before sending. You are responsible for ensuring AI agents comply with all applicable laws, including disclosure requirements for AI-generated voice (FCC rules) and obtaining proper consent from call recipients.

7. Phone Numbers & Porting

• Phone numbers are leased from carrier partners and remain subject to carrier terms
• You may port numbers in and out of the platform subject to carrier porting requirements
• Numbers not used for 60+ days may be reclaimed per carrier policy
• You must register 10DLC campaigns for A2P messaging before sending
• Toll-free numbers require separate verification for SMS use

8. Intellectual Property

You retain ownership of your content (messages, templates, contact data). We retain ownership of the platform, software, and AI models. You grant us a limited license to process your content solely to provide the Service. We may use anonymized, aggregated data to improve our AI models and platform.

9. Service Level Agreement (SLA)

We target 99.99% uptime for the platform. Enterprise plan customers receive service credits for outages exceeding the SLA. Credits are calculated as a percentage of the monthly fee based on downtime duration. Scheduled maintenance is announced in advance and excluded from SLA calculations.

10. Limitation of Liability

To the maximum extent permitted by law, Xtreme Communications shall not be liable for indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues. Our total liability for any claim shall not exceed the amount you paid us in the 3 months preceding the claim. We are not liable for carrier outages, message delivery failures, or third-party service interruptions.

11. Indemnification

You agree to indemnify and hold harmless Xtreme Communications from any claims arising from your use of the Service, your content, your violation of these Terms, or your violation of any law or third-party rights (including TCPA, CAN-SPAM, or privacy violations).

12. Termination

You may cancel your account at any time. We may suspend or terminate your account for violation of these Terms, non-payment, or abuse. Upon termination, your data will be deleted after 90 days unless legal retention is required. Phone numbers will be released unless ported out.

13. Governing Law

These Terms are governed by the laws of the State of Delaware, USA. Disputes will be resolved in the courts of Delaware, except where local consumer protection laws mandate otherwise.

14. Contact

For questions about these Terms, email legal@xtreme-communications.com.