Terms of Service

1. Acceptance of Terms

By accessing or using the services provided by Mountain Strategy LLC (“Mountain Strategy,” “we,” “us,” or “our”), you agree to be bound by these Terms of Service (“Terms”). If you do not agree to these Terms, do not use our services.

2. Services

Mountain Strategy provides an enterprise messaging platform offering SMS, MMS, and RCS delivery services via direct carrier and aggregator integrations, A2P 10DLC brand and campaign registration, reporting, API access, and related managed services. The specific services provided are described in your service agreement or order form.

3. Account Registration

You must be at least 18 years of age and authorized to bind your organization to these Terms to use our services. You are responsible for maintaining the confidentiality of your account credentials, all activities that occur under your account, and notifying us immediately of any unauthorized access.

4. Acceptable Use

You agree to use the Mountain Strategy platform only for lawful purposes and in accordance with all applicable laws, including the Telephone Consumer Protection Act (TCPA), the CAN-SPAM Act, and carrier guidelines. You may not use our services to:

• Send unsolicited messages to recipients who have not provided prior express written consent
• Transmit content that is illegal, fraudulent, harmful, threatening, or deceptive
• Violate any carrier terms of service or industry codes of conduct
• Circumvent opt-out mechanisms or suppress delivery receipts
• Impersonate any person or entity
• Transmit malware, viruses, or other harmful code

Mountain Strategy reserves the right to suspend or terminate accounts that violate this section without notice.

5. 10DLC and Carrier Compliance

A2P 10DLC registration is required for all SMS messaging to US consumers. You are responsible for providing accurate brand and campaign information for registration with The Campaign Registry (TCR). Mountain Strategy will manage the registration process on your behalf. You remain responsible for compliance with all applicable carrier guidelines and applicable law.

6. Billing and Payment

Fees are usage-based and itemized by message type and carrier surcharge as described in your service agreement or the published rate schedule. Payment is due upon receipt of invoice. Late payments may result in service suspension. No refunds are issued for messages already transmitted. We reserve the right to update pricing with 30 days’ written notice.

7. Intellectual Property

All platform software, interfaces, documentation, and related materials are the proprietary property of Mountain Strategy LLC and are protected by applicable intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the platform during your subscription. You may not reverse engineer, copy, or redistribute any part of the platform.

8. Confidentiality

Each party agrees to maintain the confidentiality of the other party’s non-public information. Mountain Strategy will not disclose your customer data to third parties except as described in our Privacy Policy and as required to deliver services.

9. Warranties and Disclaimers

THE PLATFORM IS PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. MOUNTAIN STRATEGY DOES NOT WARRANT UNINTERRUPTED OR ERROR-FREE SERVICE. CARRIER DELIVERY IS SUBJECT TO FACTORS OUTSIDE MOUNTAIN STRATEGY’S CONTROL.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, MOUNTAIN STRATEGY’S TOTAL LIABILITY ARISING FROM OR RELATED TO THESE TERMS SHALL NOT EXCEED THE AMOUNTS PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE CLAIM. MOUNTAIN STRATEGY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

11. Indemnification

You agree to indemnify and hold harmless Mountain Strategy LLC from any claims, damages, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the platform in violation of these Terms, applicable law, or third-party rights.

12. Termination

Either party may terminate services upon 30 days’ written notice. Mountain Strategy may immediately suspend or terminate services for breach of the Acceptable Use section, non-payment, or conduct that poses risk to the platform or other customers. Upon termination, you remain responsible for all usage charges incurred prior to the termination date.

13. Governing Law

These Terms shall be governed by the laws of the State of North Carolina, without regard to conflict of law provisions. Any legal action arising under these Terms shall be brought exclusively in the courts located in Wake County, North Carolina.

14. Changes to Terms

We reserve the right to modify these Terms at any time. Material changes will be posted to this page with an updated effective date. Continued use of our services after changes are posted constitutes acceptance of the revised Terms.

15. Contact