Wire2Air – Terms & Conditions

Effective Date: November 24th 2025

Welcome to Wire2Air. By accessing or using our website (www.wire2air.com) or any of our SMS, messaging, or related communication services (collectively, the “Services”), you agree to these Terms & Conditions (the “Terms”). If you do not agree to these Terms, you may not use the Services.

“Wire2Air,” “we,” “us,” and “our” refer to Wire2Air. “You” or “Customer” refers to any individual or entity using the Services.

1. Overview

• These Terms govern your use of the Services provided by Wire2Air.
• “Services” include, without limitation: SMS, MMS, RCS/rich messaging, bulk & two-way texting, keywords, short codes, toll-free numbers, 10DLC numbers, APIs, web applications, and related support.
• These Terms incorporate all policies posted on our website, including the Privacy Policy, Acceptable Use Policy, Anti-Spam Policy, and 10DLC/Carrier Compliance Guidelines.
• By registering an account, uploading contacts, sending messages, or otherwise using the Services, you represent and warrant that you:
  • Have authority to bind yourself and/or your organization, and
  • Agree to be bound by these Terms.

2. Eligibility & Account Management

• You must be of legal age in your jurisdiction or have authority to act on behalf of an entity.
• You must provide accurate and up-to-date registration information.
• You are responsible for safeguarding all account credentials, including logins, API keys, and tokens.
• You are responsible for all activity under your account.
• We may suspend or terminate your account if we suspect fraud, abuse, or violation of these Terms or applicable law.

3. Use of Services – Compliance & Messaging Rules

• You agree to comply with:
  • these Terms;
  • all applicable laws and regulations (TCPA, CAN-SPAM, TSR, state privacy/consumer-protection laws);
  • CTIA and carrier messaging guidelines.
• You represent and warrant that:
  • You have obtained all required opt-in consent before sending messages.
  • Your messaging practices, content, and data handling comply with applicable laws and carrier rules.
  • All messages include a valid opt-out mechanism (“Reply STOP to opt out”).
  • You promptly honor all STOP/unsubscribe, Do-Not-Text, and Do-Not-Call requests.
  • You will not use the Services for unlawful, deceptive, abusive, emergency, or restricted purposes.
• Prohibited uses include, but are not limited to:
  • Sending unsolicited or spam messages,
  • Illegal, harmful, obscene, or fraudulent content,
  • Promoting illegal activities,
  • Impersonation or spoofing,
  • Violating 10DLC/CTIA guidelines,
  • Interfering with our systems or platforms.
• You understand that message delivery is not guaranteed and depends on carriers, networks, and other third parties outside Wire2Air’s control.

4. Communications from Wire2Air

• By creating an account, you authorize us to contact you regarding billing, account issues, service alerts, and operational notices. Message frequency may vary.
• If you opt in to marketing communications, you may receive promotional SMS or email. You may opt out at any time.
• Your phone number will not be shared with third parties for marketing or promotional purposes.
• Reply HELP for help. Reply STOP to stop. Message and Data rates may apply. Privacy policy: https://www.wire2air.com/privacy
  
• You must keep your contact details current; failure to receive notices due to outdated information does not relieve your obligations.

5. Payments, Billing & Refunds

• Access to the Services requires payment of the fees published on our website or in a written order.
• Plans may include subscriptions, usage-based charges, and/or prepaid credits.
• By providing payment information, you authorize Wire2Air and its processors to charge all applicable fees, taxes, surcharges, and carrier fees.
• Subscriptions renew automatically unless cancelled.
• For non-payment, we may suspend or terminate your account and charge late fees where permitted by law.
• Pricing changes will be communicated in advance (e.g., 30 days). Continued use constitutes acceptance.
• Refunds:
  • All fees are non-refundable,
  • Prepaid amounts are non-refundable except as required by law.
• You are responsible for all taxes and telecom surcharges.
• Billing disputes must be reported in writing within 90 days.

6. Credits & Message Billing

• Credits may be consumed differently based on country, message length, type (SMS/MMS/RCS), and carrier routing.
• Credits are deducted at message submission, not delivery.
• Consumption rates may be adjusted based on carrier or infrastructure costs.
• Unless stated otherwise:
  • Subscription credits expire at the end of each billing cycle;
  • Top-up credits expire based on their stated validity (e.g., 12 months).
• Enterprise agreements may specify alternative rules.

7. Service Availability & Third-Party Dependencies

• We use commercially reasonable efforts to maintain service availability but do not guarantee uninterrupted performance.
• We are not liable for outages caused by carriers, ISPs, aggregators, third parties, user equipment, or force majeure.
• Integration with third-party tools is at your own risk.

8. Intellectual Property

• Wire2Air owns all intellectual property in the Services.
• You receive a limited, non-exclusive, revocable license for internal business use.
• You may not reverse engineer, resell, sublicense, or misuse the Services.
• You retain ownership of all data you upload. You grant Wire2Air a license to use such data to provide the Services and comply with law.

9. No Warranty; Limitation of Liability

• Wire2Air may modify or discontinue Services at any time.
• SMS/MMS communications are unencrypted and may be intercepted.
• We are not responsible for third-party failures or network disruptions.
• Services are provided “as is” without warranties.
• We are not liable for indirect, incidental, punitive, or consequential damages.
• Liability Cap: Wire2Air’s aggregate liability is limited to one (1) month of fees paid before the claim. For free plans, liability is capped at USD $100.

10. User Warranties & Indemnification

• You warrant that your use complies with all laws.
• You agree to indemnify Wire2Air and its affiliates for claims arising from:
  • Your use of the Services;
  • Your violations of laws or third-party rights;
  • Your messaging content or activities.
• You must assist Wire2Air in defending indemnifiable claims.

11. Termination & Cancellation

• Wire2Air may suspend or terminate service for violations, legal risks, fraud, non-payment, or carrier/regulator requests.
• You may cancel anytime; cancellation is immediate.
• Upon termination:
  • Access ceases,
  • Data may be deleted,
  • Outstanding fees remain payable,
  • Certain sections survive (6, 8, 9, 10, 12, 13).

12. Arbitration Agreement & Class Action Waiver

• Disputes will be resolved via binding arbitration (except small-claims or injunctive relief).
• Arbitration will follow AAA Commercial Rules with one arbitrator.
• Either party may pursue small-claims remedies.
• Class Action Waiver: Disputes must be brought individually.
• This section survives termination.

13. Miscellaneous

• These Terms and linked policies form the entire agreement.
• We may update these Terms; material changes will be notified via website or email.
• Governing Law: Laws of New Jersey apply; venue is New Jersey unless arbitration controls.
• Assignment: You may not assign without consent. We may assign in corporate transactions.
• If any term is unenforceable, the rest remain in effect.
• Failure to enforce is not a waiver.
• Notices to Wire2Air must be sent to:
  Wire2Air
  228 Park Avenue South
  New York, NY 10003
  United States