Terms of Use

Last update: February 22, 2025

Terms of Use

Last Updated: 2-22-2025

Welcome to Groupie! We appreciate your interest in our services. The following Terms of Use govern all access to and use of Groupie’s website and services. By accessing or using any of our services, you acknowledge that you have read, understood, and agreed to these Terms.

1. Overview

These Terms of Use (“Terms”) constitute a legally binding agreement between you and Groupie, Inc. (“Groupie,” “we,” “us,” or “our”) governing your access to and use of our website, platform, and services (collectively, “Services”). By using our Services, you confirm your acceptance of these Terms and all applicable policies, including our Privacy Policy.

We reserve the right to modify these Terms at any time. Any modifications will take effect immediately upon posting on our website. Continued use of our Services following any modifications constitutes acceptance of the revised Terms.

2. The Parties

2.1 Definitions

  • “Groupie,” “we,” “us,” “our” refers to Groupie, Inc.

  • “You,” “your,” “Customer” refers to the individual or entity using our Services.

If you use our Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2.2 Affiliates

Any entity controlling, controlled by, or under common control with Groupie shall be bound by these Terms.

3. The Services

Groupie provides an SMS marketing platform, which includes messaging capabilities, account management tools, and customer support. These Terms apply to all related websites and services operated by Groupie, including but not limited to MoboMix.com, CallFire.com, GroupTexting.com, TellMyCell.com, NightLifeTexting.com, and Groupie.io. Any rebranded or white-labeled versions of our platform services are also covered by these Terms.

4. Service Availability

Services may not be available in all locations. We do not guarantee uninterrupted availability and are not liable for delays, message failures, or service interruptions caused by third-party providers. Groupie transmits messages via telecommunications providers and mobile networks but cannot guarantee final delivery. Network-related factors and carrier restrictions may impact delivery success.

5. Data Security and Privacy

5.1 Privacy Policy

Your use of our Services is subject to our Privacy Policy, which governs the collection, processing, and storage of your personal data. By using our Services, you consent to the processing of your information in accordance with our Privacy Policy.

5.2 Data Retention and Deletion

We do not guarantee indefinite retention of customer data. You are responsible for maintaining backups of important data. Groupie may delete stored data periodically and is not liable for any loss or damages resulting from such deletions.

6. Security

We implement commercially reasonable security measures to protect your data against unauthorized access, alteration, disclosure, or destruction. However, no security system is completely secure, and we do not warrant or guarantee absolute security. You are responsible for safeguarding your login credentials and promptly notifying us of any suspected unauthorized access to your account.

Unauthorized attempts to breach our system, including hacking, phishing, or distributing malware, are strictly prohibited and may result in legal action.

7. Add-ons

We may offer third-party features and products (“Add-ons”) as part of our Services. Your use of these Add-ons is subject to these Terms and any applicable third-party agreements.

8. Your Account

To use our Services, you must create an account and provide accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities occurring under your account. If you suspect unauthorized access, you must notify us immediately.

We reserve the right to suspend or terminate accounts suspected of fraudulent or abusive activity.

9. Compliance & Legal Obligations

9.1 Legal Compliance

You agree to comply with all applicable laws, including but not limited to:

  • The Telephone Consumer Protection Act (TCPA);

  • The CAN-SPAM Act;

  • Data protection and privacy laws.

9.2 Prohibited Activities

You may not use our Services for:

  • Sending unsolicited marketing messages (spam);

  • Misrepresenting the sender of a message;

  • Transmitting unlawful, abusive, or objectionable content;

  • Infringing on third-party intellectual property rights;

  • Engaging in fraudulent activity or disrupting network services.

10. Payments & Fees

Your use of our Services is subject to fees outlined on our website. Payments must be made in advance and are non-refundable unless explicitly stated otherwise. We reserve the right to adjust pricing at any time with prior notice.

11. SMS Credits

11.1 Purchasing and Usage

Groupie operates on an SMS credit system. Customers purchase SMS credits, which are required to send messages. The number of credits required per message depends on factors such as message length, destination, and carrier fees.

11.2 Credit Expiration

Credits purchased as part of a package or monthly plan expire at the end of the billing cycle unless otherwise specified. Any additional credits purchased separately expire after 12 months from the date of purchase. Credits are deducted upon message submission, regardless of delivery status.

11.3 Refunds and Adjustments

All credit purchases are final and non-refundable unless a billing error has occurred. Groupie reserves the right to adjust credit pricing and consumption rates in response to changes in network costs.

12. Intellectual Property Rights

All content, trademarks, and proprietary technology associated with our Services remain the exclusive property of Groupie. You may not copy, modify, distribute, or exploit our intellectual property without prior written consent.

13. Limitation of Liability

To the maximum extent permitted by law, Groupie disclaims all warranties, express or implied. We shall not be liable for indirect, incidental, or consequential damages arising from your use of our Services.

14. Indemnification

You agree to indemnify and hold harmless Groupie, its affiliates, and its representatives from any claims, liabilities, damages, or expenses resulting from your violation of these Terms or misuse of our Services.

15. Termination

We reserve the right to suspend or terminate your access to our Services at our discretion, including but not limited to violations of these Terms or legal requirements. You remain responsible for any fees or obligations incurred prior to termination.

16. Dispute Resolution and Governing Law

These Terms shall be governed by the laws of [Insert State]. Any disputes arising out of these Terms shall be resolved through binding arbitration in [Insert Location], unless otherwise required by law.

17. Communications and Marketing

17.1 Newsletters

By creating an account, you consent to receive marketing emails and newsletters. You may opt out at any time.

17.2 Service-Related Communications

We may contact you regarding account management, billing, transactions, and system updates.

18. Contact Information

For inquiries regarding these Terms, contact us at support@groupie.io.

By using our Services, you acknowledge that you have read, understood, and agreed to these Terms of Use.