Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) form a binding agreement between you and CasperPortal (“CasperPortal,” “we,” “us,” or “our”). If you are using CasperPortal on behalf of a business entity, you represent and warrant that you have the authority to bind that entity to these Terms.

You must be at least 18 years old and legally capable of entering into a binding agreement in order to use the platform.

2. Platform Description

CasperPortal is a business software platform that may include tools and features relating to customer relationship management, lead handling, messaging, automations, reporting, websites, funnels, calendars, forms, integrations, artificial intelligence features, and related business operations functionality.

CasperPortal is provided as a software-as-a-service subscription. Your subscription grants a limited right to access and use the platform during an active paid term, subject to these Terms.

3. Third-Party Infrastructure and Service Dependencies

CasperPortal may rely on third-party software, communications infrastructure, payment processors, registrars, hosting environments, carriers, integrations, and related vendors in order to operate certain features or services.

You acknowledge and agree that:

• certain platform functions depend on third-party systems, networks, or service providers;
• CasperPortal does not control and is not responsible for outages, interruptions, delays, filtering, service changes, pricing changes, feature removals, or failures caused by third-party systems or vendors;
• third-party services may have their own terms, privacy policies, acceptable use policies, fees, restrictions, and technical limitations; and
• your use of certain features may require separate compliance obligations under third-party rules and applicable law.

CasperPortal is an independent software platform and does not represent that any third-party provider is its legal representative, employer, partner, or guarantor unless expressly stated in a separate written agreement.

4. License Grant and Permitted Use

Subject to your continued compliance with these Terms and timely payment of all applicable fees, CasperPortal grants you a limited, non-exclusive, non-transferable, revocable license to access and use the platform for your internal business purposes.

You may not, and may not permit any third party to:

• copy, reproduce, distribute, sublicense, resell, lease, assign, or exploit the platform except as expressly authorized;
• reverse engineer, decompile, disassemble, or attempt to derive source code or underlying methods;
• use the platform for unlawful, deceptive, fraudulent, abusive, or unauthorized purposes;
• remove proprietary notices, branding, or attribution required by law or contract; or
• interfere with or disrupt the integrity, performance, or security of the platform.

5. Account Responsibility and Security

You are responsible for all activities occurring under your account, subaccounts, workspaces, phone numbers, domains, forms, automations, campaigns, and related user access. You are also responsible for your employees, contractors, agents, admins, users, and any other person you authorize to access your account.

You agree to maintain accurate account information, keep login credentials confidential, implement reasonable security measures, and promptly notify us of any known or suspected unauthorized access, misuse, or compromise.

CasperPortal may suspend, restrict, or terminate access if we believe your account presents a security, abuse, compliance, payment, carrier, legal, or operational risk.

6. Acceptable Use

You agree not to use CasperPortal in any way that violates any applicable law, regulation, carrier rule, third-party platform requirement, or these Terms. Prohibited conduct includes, without limitation:

• sending spam, unsolicited marketing, or unlawful communications;
• engaging in phishing, fraud, deceptive marketing, impersonation, or misleading claims;
• distributing malware, malicious code, or harmful content;
• using the platform to facilitate illegal goods, illegal services, or unlawful schemes;
• harassment, abuse, hateful content, or threatening communications;
• using the platform in a way that damages platform integrity, carrier reputation, sender reputation, or deliverability; and
• using artificial intelligence features or automations in a way that violates law, rights, or applicable industry standards.

We reserve the right to remove content, disable functions, suspend sending capabilities, restrict access, or terminate accounts that violate these Terms or create compliance risk.

7. Messaging, Marketing, and Compliance Obligations

You are solely responsible for all communications sent or initiated through CasperPortal, including SMS, MMS, email, ringless voicemail, voice calls, AI voice, automations, campaigns, and any related marketing or customer contact activity.

You represent and warrant that you will:

• obtain and maintain all required notices, opt-ins, permissions, and consents before contacting any recipient;
• maintain proof of consent and legally required records;
• comply with all applicable laws, regulations, carrier requirements, and industry rules, including those related to telemarketing, texting, email, privacy, advertising, and consumer protection;
• honor opt-outs, unsubscribe requests, do-not-call obligations, and suppression lists; and
• not use CasperPortal to send unlawful, deceptive, or non-compliant messages.

CasperPortal is a software platform only. We do not provide legal advice, compliance advice, or any guarantee that your use of the platform is lawful, approved, or suitable for any regulated use case.

8. AI Features Disclaimer

CasperPortal may make available artificial intelligence or machine-learning-assisted features. AI-generated outputs may be inaccurate, incomplete, offensive, biased, outdated, or otherwise unsuitable for your intended use.

You are solely responsible for reviewing, editing, validating, and approving all AI-generated content before use, publication, distribution, or reliance. You must disclose AI interactions when required by law, platform rule, or good business practice.

9. Services Not Included

CasperPortal is a software subscription. Unless expressly stated in a separate written agreement signed by both parties, your software subscription does not include professional services, managed services, consulting, setup, implementation, campaign management, workflow building, lead handling, design, copywriting, data entry, advertising management, custom development, integrations work, or other done-for-you or done-with-you services.

Any such services, if offered, may be provided separately by CasperB2B or another affiliated or third-party service provider under a separate statement of work, service agreement, proposal, addendum, order form, or invoice, and may require additional fees.

10. Authorized Access by CasperPortal and Service Providers

You authorize CasperPortal and its employees, contractors, affiliates, support personnel, technology partners, service providers, and subcontractors, including CasperB2B where applicable, to access your account, subaccount, or connected systems to the extent reasonably necessary to provide software access, support, maintenance, implementation, troubleshooting, migrations, integrations, billing support, security review, or separately purchased services.

You acknowledge that such access may include reviewing configurations, connected accounts, contact records, workflows, conversations, settings, domains, numbers, pipelines, and related operational data where reasonably necessary for service delivery, support, platform administration, or protection of the platform.

Any such access will be limited to legitimate business purposes and handled in accordance with applicable confidentiality, privacy, and security obligations as determined by CasperPortal and applicable law.

11. Third-Party Integrations and Connected Services

The platform may allow or depend upon integrations with third-party services such as payment processors, email platforms, telephony providers, registrars, analytics tools, ad platforms, social platforms, and other external systems. Your use of those services is at your own risk and may be subject to separate third-party terms, requirements, and fees.

CasperPortal does not guarantee continued compatibility, integration performance, uptime, availability, or recoverability of third-party connected services and is not liable for loss, deletion, modification, interruption, delay, or inaccessibility of data or services caused by those third parties.

12. Customer Data, Privacy, and Legal Notices

You retain your rights in the data and content you upload or submit to the platform, subject to the rights necessary for us and our providers to host, process, transmit, store, secure, back up, support, and otherwise operate the platform and related services.

You are solely responsible for:

• the legality, quality, accuracy, and integrity of your data, content, campaigns, and records;
• providing all required notices and obtaining all required permissions and consents from your contacts, customers, end users, and website visitors;
• maintaining your own terms, disclosures, privacy notices, cookie notices, and compliance practices where required;
• determining whether your use of the platform requires additional data processing, retention, or consumer rights procedures under applicable law; and
• responding to data subject, consumer rights, access, deletion, or correction requests unless otherwise required by applicable law or a separate written agreement.

CasperPortal provides software tools only and does not undertake your independent legal compliance obligations.

13. Billing, Subscription Terms, and Fees

Paid access to CasperPortal is offered on a recurring subscription basis unless otherwise stated in writing. By subscribing, you authorize CasperPortal to charge the payment method on file for all applicable subscription fees, usage-based fees, pass-through costs, communication charges, taxes, and other amounts due.

Unless otherwise stated in a separate written agreement:

• subscription fees are billed in advance;
• usage-based, communication-related, and third-party charges may be billed as incurred;
• you are responsible for keeping your payment information current and valid;
• failed, declined, reversed, disputed, or late payments may result in suspension, downgrade, restricted functionality, removal of access, or termination; and
• you remain responsible for all charges incurred before cancellation or termination becomes effective.

If your specific subscription includes special billing terms, annual commitments, minimum terms, non-cancelable periods, non-prorated pricing, onboarding fees, custom setup fees, or other agreed pricing conditions, those terms may be set forth in your order form, invoice, written quote, onboarding agreement, or signed subscription agreement and will control for that purchase.

14. Refunds and Credits

Except where required by law or expressly stated in a separate written agreement signed by both parties, all fees are non-refundable.

This includes, without limitation, subscription fees, onboarding fees, setup fees, custom work fees, domain-related charges, registration fees, communication charges, usage-based fees, pass-through third-party charges, and other billed amounts.

CasperPortal is not obligated to provide refunds, credits, or prorated adjustments for partial billing periods, unused time, unused features, reduced usage, account inactivity, or customer-side implementation delays.

15. Pricing Changes

CasperPortal reserves the right to change pricing, packaging, feature availability, usage charges, communication surcharges, and subscription terms for future billing periods. Any pricing changes will apply prospectively unless otherwise permitted by law or agreed in writing.

16. Cancellation, Suspension, Termination, and Data Access

You may cancel your subscription by submitting notice through your account, billing portal, or an authorized CasperPortal support channel, unless a separate written agreement specifies a different process.

Unless otherwise stated in a separate written agreement, cancellations apply to future billing periods only, take effect at the end of the then-current billing period, and do not entitle you to prorated or retroactive refunds, credits, or reversals.

We may suspend, restrict, or terminate access to the platform, in whole or in part, with or without notice, if we determine in our discretion that you have violated these Terms, created a compliance or abuse risk, failed to pay amounts due, endangered messaging reputation, caused complaints, or otherwise created legal, technical, or operational risk.

Upon cancellation, suspension, or termination:

• your right to use the platform may immediately cease or become restricted;
• you are solely responsible for exporting any needed data, content, contacts, configurations, reports, recordings, workflows, or other materials before access ends;
• certain phone numbers, domains, integrations, automations, messages, or data may become unavailable, unrecoverable, releasable, or subject to separate third-party transfer procedures or fees;
• we may retain or delete data in accordance with our policies, operational practices, contractual rights, or legal obligations; and
• you remain liable for fees, charges, obligations, and liabilities accrued before the effective date of cancellation or termination.

Reactivation, restoration, or data recovery after cancellation, suspension, or termination is not guaranteed.

17. Disclaimer of Warranties

CASPERPORTAL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OR ANY WARRANTY THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION.

We do not warrant that any communication will be delivered, that any carrier, inbox provider, browser, device, or third-party service will accept or properly render content, that any feature will continue to exist, or that any use of the platform will achieve any particular commercial, compliance, or operational result.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASPERPORTAL AND ITS OWNERS, AFFILIATES, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, BUSINESS OPPORTUNITY, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR RELATED TO THE PLATFORM OR THESE TERMS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CASPERPORTAL’S TOTAL AGGREGATE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE PLATFORM OR THESE TERMS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO CASPERPORTAL FOR THE APPLICABLE SERVICES DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

19. Indemnification

You agree to defend, indemnify, and hold harmless CasperPortal and its affiliates, owners, officers, employees, contractors, licensors, and service providers from and against any claims, losses, liabilities, damages, judgments, costs, and expenses, including reasonable attorneys’ fees, arising out of or related to:

• your use of the platform;
• your content, data, campaigns, communications, websites, funnels, automations, or customer relationships;
• your violation of these Terms or any applicable law, regulation, platform policy, or third-party rule;
• your failure to obtain required consents or provide required notices;
• your acts, omissions, misrepresentations, or disputes with your customers, users, contractors, regulators, or third parties; or
• claims relating to advertising, telemarketing, texting, email marketing, privacy, data protection, or consumer protection arising from your use of the platform.

20. Governing Law and Disputes

These Terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, without regard to conflict of law principles. Unless otherwise stated in a separate signed agreement, any dispute arising out of or relating to these Terms or the platform shall be brought in the state or federal courts located in New Hampshire, and you consent to such jurisdiction and venue.

21. Changes to These Terms

We may update or modify these Terms from time to time. Updated Terms become effective when posted unless otherwise stated.

For material changes, we may provide notice by posting an update on the website, through the platform, or by email. Your continued use of the platform after the effective date of revised Terms constitutes your acceptance of the revised Terms.

22. Related Policies and Order of Control

Your use of CasperPortal may also be governed by our CasperPortal Privacy Policy, as well as any applicable order form, invoice, quote, onboarding agreement, service agreement, proposal, statement of work, or other written purchase documentation.

In the event of a conflict between these Terms and a separate written agreement signed by both parties, the signed written agreement will control solely to the extent of that conflict. In the absence of such a signed written agreement, these Terms shall control.

23. Entire Agreement; Severability; No Waiver

These Terms, together with any applicable order form, subscription agreement, and the CasperPortal Privacy Policy, constitute the entire agreement between you and CasperPortal regarding the platform and supersede prior or contemporaneous understandings relating to the platform.

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will remain in full force and effect.

No waiver of any provision of these Terms shall be deemed a further or continuing waiver of that provision or any other provision.

24. Contact Information