# Pombity Terms of Service

Version 1.0. Effective date: [to be set at launch].

These Terms of Service (the "Terms") are an agreement between Aric Software & Design, Inc, a Georgia corporation with offices at 1305 Hardeman Ave, Suite 200-115, Macon, GA 31201 ("Aric," "we," "us"), and the person or organization that creates an account ("you" or the "Customer"). They govern your use of Pombity, Aric's developer messaging service, including its API, command-line tool, MCP server, documentation site, playground, and any related software (together, the "Service"). By creating an account or using the Service you accept these Terms and the Acceptable Use Policy, which is part of them. If you accept on behalf of an organization, you represent that you have authority to bind it.

## 1. The Service

1.1. Pombity lets your application send text messages and email to recipients through an API, with consent management, opt-out handling, quiet-hours rules, delivery records, and an audit trail built in. The Service is provided by Aric and runs on the Aric Communication Service.

1.2. Sandbox mode simulates sending without reaching any carrier. Live mode sends real messages. A free account sends live text messages only to phone numbers the account holder has verified through the Service's verification flow.

1.3. We may change the Service, add or remove features, and change the free tier's allowances. We will give at least 30 days' notice through the documentation site or by email before a change that materially reduces the Service for existing accounts, except where a change is required by law or a carrier.

## 2. Accounts and API keys

2.1. You must provide accurate organization and contact information and keep it current. You must be at least 18 years old to create an account.

2.2. API keys are credentials. You are responsible for keeping them confidential and for all activity under them. If a key is exposed, revoke it through the API or the command-line tool immediately. We are not responsible for loss caused by a key you failed to protect.

2.3. We may require verification of your identity or organization before enabling live sending, your own sending number, or paid features.

## 3. Your responsibilities as sender

3.1. You are the sender of every message sent under your account. You are responsible for the content of your messages, for having the recipient's consent where consent is required, and for complying with the laws that apply to you and your recipients, including the Telephone Consumer Protection Act (47 U.S.C. 227) and its regulations, the CAN-SPAM Act, state telemarketing and privacy laws, and the messaging rules of the carriers and the CTIA.

3.2. The Service enforces certain rules on your behalf: it refuses sends to numbers that have opted out, holds non-urgent text messages during quiet hours, requires consent records, and screens for content carriers prohibit. These controls help you comply; they do not transfer your legal responsibility to us, and they are not legal advice.

3.3. You will use the Service only for messages your recipients have agreed to receive, as described in the Acceptable Use Policy.

3.4. If you send messages to the public from a number registered to your business, you authorize us to submit the registration on your behalf and you warrant that the information you give us for it is accurate.

## 4. Allowances, fees, and billing

4.1. The free tier is subject to monthly allowances published on the documentation site and enforced by the Service. When an allowance is used up, further sends are refused until the allowance resets or the account upgrades.

4.2. Paid plans, when offered, are described on the pricing page. Fees are charged in advance by card, or by invoice for organizations approved for invoice billing, as stated at the time of purchase. Fees exclude taxes, which you are responsible for unless you provide a valid exemption certificate.

4.3. Carrier pass-through charges, registration fees, and the cost of a dedicated sending number are stated separately and billed as described on the pricing page.

4.4. Unpaid invoices more than 30 days past due may result in suspension after notice. Disputed charges must be raised within 60 days of the charge.

## 5. Suspension and termination

5.1. We may suspend an account immediately, with notice as soon as practical, if we reasonably believe it is sending messages without consent, sending prohibited content, exceeding rate or volume limits in a way that threatens the Service or our carrier standing, or otherwise violating these Terms or the Acceptable Use Policy. We will lift a suspension when the cause is resolved, or terminate the account if it is not.

5.2. You may close your account at any time. We may terminate an account for a material breach that is not cured within 15 days of notice, or on 30 days' notice for any reason.

5.3. On termination, your right to use the Service ends. You may export your data as described in section 6 for 30 days after termination, after which we may delete it under our retention policy.

## 6. Your data

6.1. You own the content of your messages, your recipient lists, and the records of your account. You grant us the rights needed to operate the Service: to transmit your messages, store your records, and process them as described in the Privacy Policy.

6.2. The Service keeps consent records, opt-outs, delivery receipts, and an append-only audit log for your account. You can export your account's data through the Service at any time.

6.3. We retain account data for the period stated in the Privacy Policy and delete it afterward, except where we must keep it to comply with law or to resolve a dispute.

6.4. We will not sell your data or use your message content for advertising. We use aggregate, de-identified usage information to operate and improve the Service.

## 7. Confidentiality and security

7.1. We maintain administrative, technical, and physical safeguards described on the documentation site's security page, including encryption in transit, isolation of each account's data, access controls, and an incident process under which we notify affected customers within 72 hours of confirming a security incident involving their data.

7.2. You will not attempt to access other accounts' data, probe or test the Service's security without written permission, or interfere with its operation.

## 8. Intellectual property

8.1. The Service, its software, and its documentation are owned by Aric and its licensors. We grant you a limited, non-exclusive, non-transferable license to use them as permitted by these Terms. The command-line tool is licensed separately under the open-source license stated in its repository.

8.2. Feedback you give us about the Service may be used by us without obligation to you.

## 9. Disclaimers

9.1. The Service is provided "as is." To the fullest extent permitted by law we disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that messages will be delivered, that delivery will be timely, or that the Service will be uninterrupted or error-free. Delivery depends on carriers and networks we do not control.

9.2. The Service's compliance controls are tools. They do not constitute legal advice and do not guarantee compliance with any law.

## 10. Limitation of liability

10.1. To the fullest extent permitted by law, neither party is liable to the other for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenue, or data, arising out of these Terms or the Service, even if advised of the possibility.

10.2. Our total liability arising out of these Terms or the Service is limited to the greater of the fees you paid us in the 12 months before the claim or one hundred dollars ($100).

10.3. These limits do not apply to a party's indemnity obligations, to a party's gross negligence or willful misconduct, or to liability that cannot be limited by law.

## 11. Indemnity

You will defend and indemnify Aric and its officers, directors, employees, and contractors against third-party claims, including claims by recipients, regulators, and carriers, arising from the content of your messages, your failure to obtain consent, or your violation of these Terms, the Acceptable Use Policy, or applicable law, including reasonable attorneys' fees.

## 12. Government customers

If you are a state or local government entity, the sections on indemnity, governing law, and limitation of liability apply only to the extent permitted by the law that governs you, and any conflicting term in a signed agreement between us controls. Government accounts are billed by invoice and are not opened through self-service.

## 13. General

13.1. Governing law and venue: the laws of the State of Georgia, without regard to conflict-of-law rules, govern these Terms. The state and federal courts located in Bibb County, Georgia have exclusive jurisdiction over disputes, and each party consents to that jurisdiction.

13.2. Changes to these Terms: we may update these Terms. We will post the new version with a new version number and effective date and notify account holders by email at least 15 days before material changes take effect. Continued use after the effective date is acceptance.

13.3. Assignment: you may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of the Service.

13.4. Entire agreement; severability; waiver: these Terms, the Acceptable Use Policy, and the Privacy Policy are the entire agreement between us about the Service. If a provision is unenforceable, the rest remains in effect. A failure to enforce a provision is not a waiver.

13.5. Notices: to us at legal@aricsoftware.com or the address above; to you at the email address on your account.

Contact: Aric Software & Design, Inc, 1305 Hardeman Ave, Suite 200-115, Macon, GA 31201. legal@aricsoftware.com.