Terms and Conditions

Effective date: September 20, 2026

These Terms and Conditions ("Terms") are a legal agreement between you and Industry Marketing Group, LLC dba Branding Optics ("Branding Optics," "we," "us," or "our"). They govern your access to and use of brandingoptics.com and our software, messaging tools, subscriptions, credits, professional services, and related offerings (collectively, the "Services").

By creating an account, starting a trial, clicking to accept, purchasing or using the Services, or otherwise indicating acceptance, you agree to these Terms and our Privacy Policy. If you use the Services for a company or other organization, you represent that you have authority to bind it, and "you" includes that organization. If you do not agree, do not use the Services.

1 Eligibility and Accounts

You must be at least 18 years old, located in the United States, legally capable of entering a binding contract, and authorized to act for any organization you register. We do not independently verify every user's age. By registering, you represent and warrant that you satisfy these requirements.

You must provide accurate, current, and complete information; keep credentials confidential; restrict account access; and promptly update account information. You are responsible for all activity under your account, including activity by users, employees, contractors, integrations, and anyone who gains access through your credentials. Notify us promptly of suspected unauthorized access.

2 Services and Changes

Branding Optics may provide SMS or other communications software, subscriptions, messaging credits, integrations, setup, consulting, implementation, creative, and other professional services. Specific features, limits, pricing, deliverables, and service levels may be stated in an order, proposal, statement of work, checkout page, or plan description. If a signed statement of work conflicts with these Terms, the statement of work controls only for the conflicting provision and the services it covers.

We may add, modify, suspend, or discontinue features; impose or adjust reasonable limits; or change third-party providers. We do not guarantee that any feature, sender type, telephone number, campaign, integration, or carrier route will remain available.

3 Trial Accounts

Eligible new customers may receive a 14-day free trial as described at signup. Trials are limited to one per customer unless we approve otherwise. We may limit features, message volume, credits, destinations, or sending capability during a trial. Unless the signup page expressly states otherwise, you must select a paid plan and authorize payment to continue using paid features after the trial. If the trial converts automatically, the price, billing frequency, and conversion date will be disclosed during enrollment. You may cancel before the disclosed conversion time to avoid the first paid charge.

4 Fees Credits Auto Top Offs and Taxes

You agree to pay all fees, usage charges, carrier charges, pass-through fees, taxes, and other amounts shown at purchase or incurred through your account. Prices are in U.S. dollars unless stated otherwise. We may change prices prospectively by providing notice or updating the applicable order or plan before the next renewal.

Messaging credits are prepaid units that may be consumed based on message type, destination, length, encoding, media, carrier fees, registration charges, or other usage factors. A displayed credit estimate may differ from actual consumption. Credits are not cash, deposits, stored value, or property; cannot be transferred or redeemed for cash; and may be subject to reasonable expiration rules disclosed at purchase.

If you enable auto top-off, you authorize us to charge your payment method automatically when your credit balance reaches the threshold you select or when another disclosed trigger occurs. You can disable auto top-off in your account settings. Disabling it does not reverse an auto top-off already initiated and does not cancel your subscription.

You are responsible for applicable sales, use, excise, communications, and similar taxes, excluding taxes based on our net income. We may collect taxes where required.

5 Subscriptions Automatic Renewal and Cancellation

Paid plans are generally billed monthly unless a different term is shown at purchase. By purchasing a recurring plan, you authorize us to charge the payment method on file at the beginning of each billing period until you cancel or disable renewal. Your renewal date is based on the date your paid term begins, subject to payment processing adjustments.

You may disable automatic renewal or cancel at any time through available account controls or by contacting support. Cancellation takes effect at the end of the current paid billing period. You will generally retain access through that date, but unused time is not refunded or credited except where required by law or expressly stated in our Refund and Cancellation Policy. Cancellation does not eliminate charges already incurred, including usage, carrier, registration, professional-service, or auto top-off charges.

If payment fails, we may retry the payment method, suspend sending or account access, reduce functionality, offset available credits where lawful, or terminate the account. You remain responsible for amounts incurred before suspension or termination.

6 Messaging Compliance and Consent

You are solely responsible for your communications, recipients, consent records, campaign design, sending practices, and compliance with all applicable federal and state laws, regulations, carrier rules, and industry requirements, including the Telephone Consumer Protection Act, Do Not Call rules, CAN-SPAM Act where applicable, state telemarketing laws, and applicable CTIA and carrier policies.

Without limiting that responsibility, you must:

Obtain and retain legally sufficient consent before sending any message, including prior express written consent when required, and ensure consent applies to the specific sender, purpose, and type of message.

Clearly identify the sender, provide required disclosures, honor quiet hours and frequency commitments, and avoid misleading, deceptive, harassing, or unwanted messages.

Provide and promptly honor legally recognized opt-out methods, including STOP and equivalent requests, and maintain suppression records so opted-out recipients are not contacted again without legally sufficient renewed consent.

Maintain evidence of consent, opt-in language, timestamps, source, campaign terms, and opt-out processing, and provide it to us promptly upon request.

Use properly registered sender identities, brands, campaigns, numbers, and messaging programs when required, and keep registration information accurate.

Do not buy, rent, scrape, harvest, or use contact lists unless you have independently verified that each recipient provided consent sufficient for your intended communications.

Branding Optics does not provide legal advice and does not guarantee that a template, workflow, registration, number, message, or campaign is legally compliant. Our review, approval, monitoring, or failure to block a campaign does not transfer your compliance responsibility to us. Carriers and providers may filter, delay, reject, throttle, or block messages without notice.

7 Acceptable Use

You may not use the Services to:

Violate law, court order, regulation, carrier requirement, industry standard, or the rights of another person.

Send spam, messages without required consent, unlawful telemarketing, phishing, scams, deceptive offers, threats, harassment, hate content, malware, or content that facilitates fraud or unlawful conduct.

Promote or facilitate illegal drugs, controlled substances, unlawful weapons, counterfeit goods, unlawful gambling, human trafficking, sexual exploitation, or other prohibited or high-risk content.

Impersonate another person, misrepresent caller or sender identity, obscure the origin of communications, or use misleading domains, links, or opt-in flows.

Probe, scan, or test vulnerabilities; bypass access controls or rate limits; interfere with the Services; introduce malicious code; reverse engineer except where law prohibits restriction; or access data without authorization.

Resell, sublicense, or provide the Services as a bureau or white-label service unless expressly authorized in writing.

Use the Services to develop or train a competing service through bulk extraction or automated access except through authorized interfaces.

8 Regulated Data and Regulated Communications

The Services are not authorized by default for protected health information, nonpublic financial information, payment-card data, biometric identifiers, government identification numbers, precise geolocation, or other specially regulated or sensitive data. You may not use the Services for healthcare, financial, insurance, debt collection, legal, cannabis, political, age-restricted, or other regulated communications unless Branding Optics has approved the use in writing and all required agreements, safeguards, registrations, and configurations are in place.

Branding Optics is not your business associate under HIPAA and does not agree to process protected health information unless we sign a separate Business Associate Agreement. Approval of an account or campaign does not by itself constitute regulatory approval or a promise that the Services meet your legal obligations.

9 Customer Content Data and Privacy

As between you and Branding Optics, you retain your rights in content you submit to the Services. You grant Branding Optics and its providers a worldwide, nonexclusive, limited right to host, copy, transmit, display, analyze, modify for technical formatting, and otherwise process customer content as necessary to provide, secure, support, improve, and enforce the Services and comply with law.

You represent and warrant that you have all rights, notices, consents, and lawful bases necessary to collect, upload, use, and instruct us to process customer content. You are responsible for responding to requests from your contacts and for providing legally required privacy notices. We may assist with deletion or export requests subject to technical, security, contractual, and legal limitations.

10 Monitoring Enforcement and Cooperation

To protect users, recipients, carriers, and the Services, we may use manual review and automated systems, including artificial-intelligence-assisted tools, to evaluate account information, sending patterns, links, message content, complaint rates, opt-out rates, and other risk indicators. We may require verification, consent evidence, campaign samples, identity documents, business records, or remediation steps.

We may delay or block messages; limit features or volume; quarantine content; suspend or terminate accounts; revoke credits associated with abuse or fraud; or report conduct to carriers, providers, payment processors, regulators, or law enforcement when we reasonably believe it is necessary to address risk, legal obligations, or a violation of these Terms. We are not obligated to monitor every message or detect every violation.

11 Intellectual Property

The Services, software, interfaces, designs, documentation, trademarks, and related technology are owned by Branding Optics or its licensors and are protected by intellectual-property laws. Subject to these Terms and payment of applicable fees, we grant you a limited, revocable, nonexclusive, nontransferable right to use the Services for your internal business purposes during your authorized term.

If you provide feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free right to use it without restriction or compensation, provided we do not publicly identify you as the source without permission.

12 Third Party Services

The Services rely on third parties such as payment processors, telecommunications providers, cloud hosts, identity providers, email providers, and analytics services. Third-party services may have separate terms, fees, availability, and privacy practices. We are not responsible for third-party acts, outages, routing decisions, filtering, or changes beyond our reasonable control.

13 Professional Services

Professional services may be governed by an order or statement of work describing scope, assumptions, dependencies, timelines, fees, and acceptance criteria. Unless stated otherwise, estimates are not fixed bids; timelines depend on your timely cooperation; and change requests may affect fees and delivery dates. Deliverables do not include third-party materials or Branding Optics tools and know-how used to create them.

14 Confidentiality

Each party may receive nonpublic information identified as confidential or that reasonably should be understood as confidential. The receiving party will use it only to perform or receive the Services, protect it using reasonable care, and disclose it only to personnel and providers who need it and are bound by confidentiality obligations. These duties do not apply to information that is publicly available without breach, already lawfully known, independently developed, or lawfully received without restriction. A party may disclose information when legally required after providing notice where lawful.

15 Suspension and Termination

You may stop using the Services and cancel as described above. We may suspend or terminate access immediately for nonpayment, fraud, security threats, legal or carrier risk, prohibited content, high complaint or opt-out rates, inaccurate registration information, or material breach. We may also terminate a Service for convenience with reasonable notice when practicable.

Upon termination, your right to use the Services ends. You should export needed data before termination. We may delete customer content after a reasonable account-closure period, subject to backups and legal retention. Accrued payment obligations and provisions that by their nature should survive will survive, including ownership, confidentiality, disclaimers, limitations, indemnification, and dispute provisions.

16 Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." BRANDING OPTICS DISCLAIMS ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT UNINTERRUPTED OR ERROR-FREE OPERATION, MESSAGE DELIVERY, DELIVERY SPEED, CARRIER ACCEPTANCE, LEGAL COMPLIANCE, RESULTS, DATA PRESERVATION, OR THAT THE SERVICES WILL MEET EVERY REQUIREMENT.

17 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BRANDING OPTICS AND ITS AFFILIATES, OWNERS, EMPLOYEES, CONTRACTORS, LICENSORS, AND PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES; LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, DATA, OR USE; MESSAGE FILTERING OR NONDELIVERY; CARRIER ACTIONS; OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF BRANDING OPTICS AND THE OTHER COVERED PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE AMOUNTS YOU PAID TO BRANDING OPTICS FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE SIX MONTHS BEFORE THE EVENT FIRST GIVING RISE TO LIABILITY. THESE LIMITATIONS APPLY TO THE EXTENT PERMITTED BY LAW AND DO NOT LIMIT LIABILITY THAT CANNOT LEGALLY BE LIMITED.

18 Indemnification

You will defend, indemnify, and hold harmless Branding Optics and its affiliates, owners, employees, contractors, providers, and licensors from claims, investigations, fines, penalties, damages, losses, and reasonable legal fees arising from your customer content; recipients or campaigns; violation of law, carrier rules, or these Terms; lack of consent; infringement or misappropriation; or use of the Services by you or your account users. We may control the defense of a matter subject to indemnification, and you may not settle it in a way that admits fault or imposes obligations on us without our written consent.

19 Governing Law and Disputes

These Terms are governed by the laws of the State of Nevada, without regard to conflict-of-law principles. Before filing a claim, each party will provide written notice describing the dispute and allow at least 30 days for good-faith informal resolution. Any court proceeding arising from these Terms or the Services must be brought exclusively in the state or federal courts located in Clark County, Nevada, and each party consents to personal jurisdiction and venue there. Nothing prevents either party from seeking temporary or injunctive relief for unauthorized access, security threats, misuse, or infringement.

20 Changes to These Terms

We may update these Terms. We will post the revised version and update the effective date, and we may provide additional notice for material changes. Unless otherwise stated, revisions apply prospectively when effective. Your continued use after the effective date constitutes acceptance. If you do not agree to revised Terms, you must stop using and cancel the Services.

21 General Terms

Neither party is liable for delay or failure caused by events beyond its reasonable control, including carrier or cloud outages, internet failures, natural disasters, labor disputes, governmental actions, war, terrorism, or widespread cyberattacks. You may not assign these Terms without our written consent; we may assign them in connection with a reorganization, financing, merger, acquisition, or sale of assets. If a provision is unenforceable, it will be modified to the minimum extent necessary and the remaining provisions remain effective. Waiver must be explicit and does not waive future enforcement. These Terms, the Privacy Policy, Refund and Cancellation Policy, and applicable orders constitute the entire agreement about the Services.

22 Contact

Industry Marketing Group, LLC dba Branding Optics

304 S. Jones Blvd, #4581, Las Vegas, NV 89107

Email: legal@brandingoptics.com