Legal

Terms of Service

Acceptance of Terms
Description of Services
Account Registration
Acceptable Use
SMS and MMS Messaging
Compliance Obligations
Fees and Payment
Suspension and Termination
Disclaimers
Limitation of Liability
Indemnification
Governing Law
Changes to Terms
Contact

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you,” or “your”) and Xaccel Networks LLC (“Xaccel,” “we,” “our,” or “us”) governing your access to and use of our unified communications platform, mobile application, website at www.xaccel.net, and all related services (collectively, the “Services”). By registering for or using our Services, you agree to be bound by these Terms.

Section 01

Acceptance of Terms

By accessing or using our Services, you confirm that you are at least 18 years of age, have the legal authority to enter into this agreement on behalf of yourself or your business entity, and agree to comply with these Terms and all applicable laws and regulations.

If you are using the Services on behalf of a business entity, you represent and warrant that you are authorized to bind that entity to these Terms and that the entity is a legally registered business in good standing.

If you do not agree to these Terms, you must not access or use our Services.

Section 02

Description of Services

Xaccel Networks LLC provides a cloud-based unified communications platform (UCaaS) that enables registered business users to send and receive SMS and MMS messages through assigned telephone numbers (DIDs). Our Services include:

Assignment of SMS and MMS-enabled telephone numbers to verified business users
Routing of inbound and outbound SMS and MMS messages via our telecommunications carrier partners
A mobile application for person-to-person business messaging
Compliance monitoring and enforcement to ensure lawful use of messaging capabilities
Account management tools and reporting

Our Services are intended for business-to-business and business-to-contact person-to-person conversational messaging only. They are not intended for bulk messaging, marketing broadcasts, or automated messaging campaigns.

Section 03

Account Registration and Verification

To use our Services, you must register for an account and complete our identity verification process. You agree to:

Provide accurate, current, and complete information during registration including your legal business name, EIN, state of incorporation, and contact details
Maintain and promptly update your account information to keep it accurate and complete
Keep your login credentials confidential and not share them with any third party
Notify us immediately of any unauthorized use of your account
Accept responsibility for all activity that occurs under your account

We verify all business accounts against state business registries to confirm your business exists, is incorporated in your declared state, and is in good standing. Accounts that fail verification will not be activated for messaging services. We reserve the right to require additional documentation to verify your identity or business.

Telephone numbers (DIDs) are assigned to individual verified users and may not be shared, transferred, or reassigned without our express written approval.

Section 04

Acceptable Use Policy

You agree to use our Services only for lawful purposes and in accordance with these Terms. You are solely responsible for all messages sent through your assigned telephone number.

You agree NOT to use our Services to:

Send spam or unsolicited bulk messages — our platform enforces per-DID rate limits and duplicate content detection. Violations will result in immediate suspension.
Send automated or API-driven messages — all messages must be human-initiated conversational communications.
Send messages to recipients who have not consented to receive communications from you.
Engage in snowshoeing — distributing high-volume messaging across multiple numbers to evade spam detection.
Send messages containing illegal content including content that is fraudulent, threatening, harassing, defamatory, obscene, or that violates any applicable law.
Impersonate any person, business, or organization.
Violate CTIA Messaging Principles or any carrier guidelines applicable to SMS and MMS messaging.
Attempt to circumvent our compliance systems including rate limiting, duplicate detection, or account verification controls.
Use the Services for any illegal purpose or in violation of any local, state, national, or international law.

Violation of this Acceptable Use Policy may result in immediate suspension or termination of your account without notice and without refund.

Section 05

SMS and MMS Messaging Terms

By activating messaging on our platform, you agree to the following specific terms governing SMS and MMS use:

Consent: You must obtain prior express consent from recipients before sending them messages. You are solely responsible for obtaining and documenting consent.
Opt-Out Compliance: You must honor opt-out requests immediately. When a recipient texts STOP, messaging to that number must cease immediately. Our platform enforces this automatically.
Rate Limits: Messaging is subject to hard rate limits of 60 messages per minute and 1,000 messages per day per assigned telephone number, in compliance with CTIA P2P guidelines. These limits are enforced at the platform level and cannot be overridden.
Content Standards: All messages must comply with carrier content policies. Messages containing prohibited content including adult content, hate speech, illegal substances, or phishing attempts will be blocked and may result in account suspension.
TCR Registration: Your messaging activity is registered with The Campaign Registry (TCR) under our CSP account. You agree to provide accurate information for Brand and Campaign registration purposes.
Message Logging: Message metadata is logged for compliance purposes as described in our Privacy Policy. You consent to this logging as a condition of using messaging Services.

Section 06

Compliance Obligations

You acknowledge that SMS and MMS messaging is subject to extensive regulatory requirements and carrier policies. You agree to:

Comply with all applicable federal, state, and local laws governing electronic communications including the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and applicable FCC regulations
Comply with CTIA Messaging Principles and Best Practices as amended from time to time
Comply with The Campaign Registry (TCR) requirements applicable to your messaging activity
Comply with the acceptable use policies of all applicable mobile network operators
Maintain records of recipient consent as required by applicable law
Cooperate with our compliance team in investigating any suspected violations

You acknowledge that we maintain compliance monitoring systems that actively enforce messaging limits and detect abuse. Our compliance controls are a condition of your access to messaging Services and do not relieve you of your independent obligation to comply with applicable laws and regulations.

Section 07

Fees and Payment

Access to our Services may be subject to fees as described in your service agreement or as displayed on our platform at the time of purchase. You agree to pay all applicable fees in accordance with the payment terms presented at the time of purchase.

All fees are in US Dollars unless otherwise stated
Fees are non-refundable except as required by applicable law or as expressly stated in your service agreement
We reserve the right to modify our fees with 30 days prior notice
Failure to pay fees may result in suspension or termination of your account

Section 08

Suspension and Termination

We reserve the right to suspend or terminate your account and access to our Services at any time, with or without notice, for any of the following reasons:

Violation of these Terms or our Acceptable Use Policy
Violation of applicable laws or regulations
Failure to pass or maintain business identity verification
Suspected fraudulent, abusive, or illegal activity
Repeated triggering of our compliance enforcement systems
Carrier or TCR direction to suspend messaging activity
Non-payment of applicable fees
Any activity that we reasonably believe poses a risk to our platform, other users, or third parties

You may terminate your account at any time by contacting us at support@xaccel.net. Upon termination, your assigned telephone numbers will be released and may be reassigned. You remain liable for all activity that occurred under your account prior to termination.

Section 09

Disclaimers

OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our Services will be uninterrupted, error-free, or completely secure. SMS and MMS delivery is subject to the availability and policies of mobile network operators and is not guaranteed. We are not responsible for message delivery failures caused by carrier filtering, recipient device issues, or factors outside our reasonable control.

Section 10

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, XACCEL NETWORKS LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, GOODWILL, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SERVICES.

Our total liability to you for any claims arising under these Terms shall not exceed the amount you paid to us for the Services in the three months preceding the claim.

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability. In such cases, our liability will be limited to the maximum extent permitted by applicable law.

Section 11

Indemnification

You agree to indemnify, defend, and hold harmless Xaccel Networks LLC and its officers, directors, employees, agents, and partners from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with:

Your use of our Services
Your violation of these Terms
Your violation of any applicable law or regulation including TCPA, CAN-SPAM, CTIA guidelines, or carrier policies
Any messages sent through your assigned telephone number
Any claims by third parties arising from your use of our Services

Section 12

Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles. Any dispute arising under these Terms shall be subject to the exclusive jurisdiction of the state and federal courts located in New Jersey.

You agree to resolve any dispute with us through good faith negotiation before initiating any legal proceeding. If we cannot resolve a dispute through negotiation within 30 days, either party may pursue available legal remedies.

Section 13

Changes to Terms

We reserve the right to modify these Terms at any time. We will notify registered users of material changes by email or through a prominent notice on our platform at least 14 days before the changes take effect. Your continued use of our Services after the effective date of any changes constitutes your acceptance of the revised Terms.

We encourage you to review these Terms periodically. The most current version will always be available at www.xaccel.net/terms.

Section 14

Contact

If you have questions about these Terms, please contact us:

Xaccel Networks LLC

legal@xaccel.net

Support

support@xaccel.net

Web