These Terms of Service (the "Terms") form a binding agreement between you and Ossembly, LLC (the "Company", "we", or "us"). They govern your access to and use of our website at www.ossembly.com (the "Website") and the products and features we make available through it, including P2P texting, calling features, surveys, compliance tooling, reporting, and related functionality (collectively, the "Services"). Ossembly does not sell voter files, voter records, appends, or data enrichment. Contact lists you import remain yours; we process client-uploaded lists to send messages you authorize.
BY ACCESSING OR USING THE WEBSITE OR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE TERMS AND TO ANY POLICIES THAT ARE INCORPORATED BY REFERENCE (INCLUDING OUR PRIVACY POLICY AND ACCEPTABLE USE POLICY). If you do not agree, do not use the Website or Services.
The Website and Services are intended for users who are at least eighteen (18) years old and legally able to enter into a contract. If you are using the Services on behalf of an entity, you represent that you have authority to bind that entity to these Terms. You are responsible for ensuring your use complies with all applicable laws, rules, and regulations.
Changes to the Terms of Service
We may update these Terms from time to time. Unless otherwise required by law, updated Terms are effective when posted and apply going forward. Your continued use of the Website or Services after an update means you accept the revised Terms.
Accessing the Ossembly Services and Account Security
User Account
Some features require an account. When creating an account, you agree to provide accurate information and keep it up to date. We may refuse registration, suspend access, or terminate accounts if we reasonably believe there is fraud, misuse, a policy violation, or other activity that creates risk for Ossembly, our users, or third parties.
Account Security
You are responsible for protecting your credentials and for all activity conducted through your account. Notify us promptly if you suspect unauthorized access or misuse. We are not responsible for losses caused by your failure to secure your account.
Access
We may change, update, suspend, or discontinue any portion of the Website or Services at any time. Availability is not guaranteed. You are responsible for:
- Having the equipment, software, and connectivity needed to access the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Service and comply with them.
Payment Terms
Creating an account may be free, but some Services are paid. Pricing, fees, and plan details are described on the Website and may change over time. You are responsible for reviewing current pricing and any applicable taxes or carrier-related costs before purchasing.
Payments are processed through a third-party processor using a valid payment method you provide. By placing an order, you authorize Ossembly to charge the amounts shown at checkout (including applicable taxes and fees). If your payment fails or becomes overdue, we may suspend access to the Services until payment is resolved. To the extent permitted by law, past-due balances may accrue late fees and interest. Unless otherwise required by law, payments are non-refundable.
Refund Policy
User Responsibilities
While our platform is engineered for reliability, you are responsible for correctly scheduling campaigns and reviewing all details before submitting campaign requests. Ossembly is not responsible for issues such as incorrect scheduling, script errors, content compliance issues, or carrier filtering that result from your actions or negligence. We incur costs regardless of campaign performance or outcomes, precluding refunds for user error.
Refund Eligibility
All funds deposited into your Ossembly account are non-refundable and non-withdrawable.If you cancel a scheduled campaign prior to sending, your account will automatically receive platform credit for that amount. After a campaign has been sent, refunds are issued only in exceptional circumstances at Ossembly's sole discretion.
Compliance fees and other third-party service charges are non-refundable. If a campaign fails due to user error, content non-compliance, or carrier filtering of compliant content, no refunds will be issued.
Refunds as Platform Credit
When refunds are issued, they are provided solely in the form ofplatform creditthat can be used on future campaigns or services. Platform credits are not redeemable for cash and cannot be withdrawn. See the "Platform Credit and Expiration" section below for details on credit expiration and use restrictions.
Deliverability and Performance
Ossembly maintains acceptable success rate margins for each service. If your campaign performance falls materially outside these margins due to Ossembly's fault, we may investigate and may resend the message at no additional cost. If the issue is caused by your non-compliance, third-party carrier filtering, or other user error, no refund or credit will be issued. Partial credits may be considered on a case-by-case basis at Ossembly's sole discretion.
Platform Credit and Expiration
If you purchase or deposit funds into your Ossembly account, those funds may be issued as non-refundable platform credits. Credits are a limited, non-transferable right to access Services and do not represent stored value, currency, or a cash balance. Credits cannot be redeemed for cash and are not withdrawable.
- Platform credits expire 12 months from the date of deposit unless otherwise specified in writing. It is the user's responsibility to use all credits within the defined period.
- Bonus credits—including promotional, demo, or Bulk PrePay incentives—are valid for 90 days from issuance and will expire automatically thereafter unless otherwise stated.
By purchasing or using credits, you agree to the expiration rules above. Expired credits are forfeited.
Cancellation and Termination
You may cancel your account at any time. If you cancel or if we suspend or terminate your account, your right to access the Website and Services ends immediately. You remain responsible for any amounts owed for charges incurred before the effective cancellation or termination. We may modify, suspend, or discontinue the Website or Services at any time.
Chargeback Abuse Prohibited
Chargebacks should only be used for legitimate billing issues (for example, unauthorized charges or processing errors). Filing a chargeback as a way to avoid paying for Services you used is prohibited. If a chargeback is filed improperly, you agree to reimburse Ossembly for costs incurred in responding (including processor fees and reasonable attorneys' fees where allowed), in addition to any amounts owed.
Prohibited Uses
You may use the Website and the Ossembly Services only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website or the Ossembly Services:
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise, or otherwise engage in messaging that is unsuitable for minors.
- To send, knowingly receive, upload, download, use or re-use any material that does not comply with the Content Standards as set out in these Terms of Service.
- To transmit or procure the sending of any unsolicited marketing messages or broadcasts, "junk mail", "chain letter", or "spam" or any other similar solicitation.
- To impersonate or attempt to impersonate Ossembly, an Ossembly employee, another user or any other person or entity.
- To transmit any messaging that is offensive, obscene, libelous, defamatory, fraudulent, abusive, or contains tortious material.
- To transmit messaging that promotes, incites or instructs criminal matters or is otherwise unlawful.
- To send messages to any emergency phone or health care facilities' phone lines.
- To send unsolicited messages to those who will incur charges or those whom you do not have permission to contact.
- To use any phone numbers which were randomly or sequentially generated from any other third party code, files, script or program in connection with the Services.
- To harvest, or otherwise collect information about others, without their consent.
- To transmit, associate, or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind.
- To transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.
- To transmit any material that contains viruses, trojan horses, worms, time bombs, cancelbots or any other harmful/deleterious programs.
- In any manner that violates (a) industry standards; (b) any binding third-party policies, including all of the applicable guidelines published by the Telephone Consumer Protection Act (TCPA), Federal Communications Commission (FCC), Federal Trade Commission (FTC), Cellular Telecommunications Industry Association (CTIA), the Mobile Marketing Association, or any other accepted industry associations, carrier guidelines; or (c) requirements that Ossembly may communicate to its Users, including any usage requirements.
- To engage in any unsolicited advertising, marketing, or other activities, including any activities that violate anti-spam laws and regulations, including the CAN SPAM Act of 2003, the Telephone Consumer Protection Act, and the Do-Not-Call Implementation Act.
Additionally, you agree not to:
- Use the Website or Ossembly Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website or the Ossembly Services.
- Use any robot, spider or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website or Ossembly Services via a denial-of-service attack or a distributed denial-of-service attack.
- Alter, modify, reconfigure, reverse engineer the Website or Ossembly Services or use the Website or Ossembly Services with any other third party code, files, script or program to automatically send messages or in any manner that violates the terms of this Policy or applicable law.
Intellectual Property Rights
The Website and Services (including their content, software, and features) are owned by Ossembly or our licensors and are protected by intellectual property laws. Except for the limited rights expressly granted in these Terms, we reserve all rights in and to the Website and Services.
Using the Services does not give you ownership of any Ossembly intellectual property. Ossembly names, logos, and branding are trademarks of Ossembly (or our licensors) and may not be used without prior written permission.
User Contributions; Content; Transmission
The Ossembly Services provide for methods by which users may transmit messages or other information to others. You are solely responsible for any information, data, text, audio, or other materials you upload, create, or send using the Services ("Content"). Ossembly does not control your Content and is not responsible for it.
You grant Ossembly a worldwide, royalty-free, non-exclusive license to host, process, transmit, and display Content solely to operate and provide the Services. You represent that you have all rights necessary to provide your Content and grant this license.
Messaging and calling are heavily regulated. You are responsible for understanding and complying with applicable federal, state, and local laws and carrier rules (including consent, disclosures, and recordkeeping). If you are unsure about compliance requirements, you should consult qualified legal counsel.
You must promptly honor opt-out requests (including "STOP" messages) and maintain accurate do-not-contact lists. Where required, you must send an opt-out confirmation and include appropriate identification. You are responsible for retaining records of consent and opt-out handling as required by law.
Content Standards
These standards apply to all Content and your use of the Services. You agree that your Content and use will comply with all applicable laws and will not include:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination, including, without limitation, discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Violate legal rights (including rights of publicity and privacy) of others or contain material that could give rise to any civil or criminal liability.
- Be likely to deceive any person.
- Promote any illegal activity or advocate, promote, or assist any unlawful activity.
- Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Data Retention Policy
We retain data as described in our Privacy Policy. As a general rule, detailed dialing and texting activity reports are retained for up to three (3) months and then deleted or anonymized, unless we must retain them longer for legal, security, or operational reasons.
Disclaimer of Warranties
EXCEPT AS OTHERWISE PROVIDED, THE OSSEMBLY SERVICES ARE MADE AVAILABLE ON AN "AS IS" AND "WITH ALL FAULTS" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS, EXPRESS, IMPLIED, OR STATUTORY. OSSEMBLY SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
Limitation of Liability
You acknowledge that all services sold and provided by you are separate and distinct from Ossembly Services. Ossembly Services serve only as a conduit for the transmission of messages or broadcasts that have been generated and provided solely by User.
UNDER NO CIRCUMSTANCES WILL OSSEMBLY'S TOTAL LIABILITY ARISING OUT OF, OR IN CONNECTION WITH, THESE TERMS OF SERVICE EXCEED THE AMOUNT CHARGED FOR THAT USER'S USE OF THE OSSEMBLY SERVICES, IF ANY.
Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Ossembly, its affiliates, licensors, and service providers, and its and their respective officers, members, managers, directors, stockholders, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Service or your use of the Website or the Ossembly Services.
Governing Law
These Terms of Service and the relationship between you and Ossembly will be governed by the laws of the Commonwealth of Pennsylvania, without giving effect to any choice or conflict of law provision or rule.
Dispute Resolution
Any dispute relating in any way to your use of the Website or the Ossembly Services, or to any other products or services you purchase through Ossembly or the Website, shall be submitted to confidential arbitration in accordance with the then prevailing Commercial Arbitration Rules of the American Arbitration Association by a single arbitrator appointed in accordance with such rules. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction.
Limitation of Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF, OR RELATING TO, THESE TERMS OF SERVICE OR THE OSSEMBLY SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Miscellaneous
- Waiver: No failure by the Company to enforce any term or condition set forth in these Terms of Service shall be deemed a further or continuing waiver of such term or condition.
- Severability: If any provision of these Terms of Service is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Service will continue in full force and effect.
- Entire Agreement: These Terms of Service and our Privacy Policy constitute the sole and entire agreement between you and Ossembly.
Contact Information
Should you have any questions regarding these Terms of Service, please contact us at:
Email: legal@ossembly.com
Ossembly, LLC
https://ossembly.com