Binding Agreement. By accepting these Terms, creating an account, or using the Platform, you agree to be bound by these Terms of Service together with the Privacy Policy, Data Processing Agreement, and (if applicable) the Affiliate Agreement (collectively, the “Terms”). If you do not agree, do not use the Platform. Rose Revenue LLC (“Rose,” “we,” “us”) may update these Terms at any time. Changes are effective when posted; continued use constitutes acceptance.

Last updated: March 2023

Table of Contents

Use of the Platform

Resale & Minimum Advertised Price (MAP)

Prohibited Uses

Fees, Taxes, and Refunds

Affiliate Program

Intellectual Property & Content

Disclaimers

Limitation of Liability & Indemnification

Time to File Claims

Injunctive Relief

Waiver & Severability

Change of Control

Entire Agreement

Cancellation, Limited Access, and Data Export

Conduct & Termination for Cause

Applicable Law & Arbitration; No Class Actions

Notices

Definitions

1. Use of the Platform

1.1 Eligibility & Age

You must be at least 18 years old to use the Platform.

A parent/legal guardian who allows a 13–17 year‑old to use an account must supervise use, provide all required consents, and assumes all risks and liabilities.

1.2 Account User or Admin; Account Ownership

By accepting these Terms, you lease access to the Platform.

If you accept on behalf of an entity, you represent you have authority to bind that entity; that entity owns the account.

You are solely responsible for exporting your own content if you choose to leave. Rose is not responsible for any loss arising from failure to back up or retrieve data.

1.3 Intended Use & Compliance

Use the Platform only for lawful purposes and in accordance with these Terms.

You are responsible for compliance with all applicable laws (including telecom, privacy/data‑protection, marketing, and consumer laws) and for the acts/omissions of your employees, agents, and customers.

1.4 Privacy

Use of the Platform constitutes consent to our Privacy Policy and DPA.

You must maintain and publish your own privacy policy for your customers and obtain all necessary consents for data collection and communications.

1.5 Login Credentials & Security

Keep credentials confidential; you are responsible for all activity under your account. Notify Rose of any unauthorized access or security incident. Accounts are non‑transferable.

1.6 Communications Features (SMS/MMS/Email/Voice)

If you use SMS, MMS, email, or voice features, you—not Rose—are the sender and are solely responsible for compliance with TCPA, CAN‑SPAM, carrier policies, and applicable law. You control message content, timing, and sending.

1.7 Third‑Party Services

The Platform may integrate with or rely on third‑party services. Rose is not responsible for their availability, performance, or changes.

1.8 Third‑Party Content

Your use of third‑party content accessible via the Platform is at your own risk.

1.9 Customizations & Branding

You are responsible for IP rights in any branding/customizations you add. Rose may remove customizations to protect system integrity or for policy violations.

1.10 Excessive Use

If your usage is excessive, abusive, or degrades performance, Rose may throttle, suspend, or require an upgrade.

1.11 Platform Updates

Rose may update, change, or discontinue features at any time.

1.12 International Use & Sanctions

Do not use the Platform from embargoed countries or if you are a sanctioned person. You are responsible for compliance with local law.

3. Prohibited Uses

You may not use the Platform for: unlawful activity; spam or unsolicited marketing; impersonation; malware; scraping; denial‑of‑service; security breaches; harmful or abusive conduct; or any activity Rose deems harmful or that interferes with Platform operation or others’ use.

4. Fees, Taxes, and Refunds

Non‑Refundable. All fees, surcharges, and wallet balances are non‑refundable and no prorations are given (including on early cancellation).

Minimum Commitments. Some services require non‑cancellable minimum commitments.

No Mark‑Ups. You may not mark up Rose’s fees when passing them to your customers.

Taxes. You are responsible for all applicable taxes. Rose may collect, recalculate, and charge taxes as required or deemed appropriate.

Failed Payments. Failed or declined payments may result in suspension or termination. Interest, collections costs, and chargeback fees may apply.

5. Affiliate Program

Participation requires Rose’s approval and acceptance of the Affiliate Agreement. Additional terms govern eligibility and commission payments.

6. Intellectual Property & Content

6.1 Platform IP

The Platform—including frameworks, workflows, templates, and custom build‑outs created by Rose—remains Rose’s property and is non‑transferable.

6.2 Rose Marks

Rose’s names, logos, and marks may not be used without written permission.

6.3 Your Materials

You retain ownership of Your Materials (e.g., contacts, notes, media, scripts, copy). You grant Rose a license to host, process, and use Your Materials to operate the Platform and improve services.

6.4 Feedback

Suggestions or feedback you provide may be used by Rose without restriction or compensation.

6.5 DMCA

Send copyright complaints to support@roserevenue.com with subject “DMCA Takedown Request.”

7. Disclaimers

The Platform is provided “as is” and “as available.” Rose disclaims all warranties (express, implied, or statutory). You use the Platform at your own risk.

8. Limitation of Liability & Indemnification

Cap. Rose’s total liability is capped at the total fees you paid in the three (3) months preceding the claim.

Exclusions. Rose is not liable for indirect, incidental, special, punitive, or consequential damages.

Indemnity. You agree to indemnify Rose against claims arising from your data, actions, legal violations, taxes, communications, or disputes with your customers or other users.

9. Time to File Claims

All claims must be filed within three (3) months of the event or be permanently barred.

10. Injunctive Relief

Rose may seek equitable relief (including injunctions) without posting bond.

11. Waiver & Severability

A failure to enforce any provision is not a waiver. If any provision is invalid, the remainder remains enforceable.

12. Change of Control

Rose may assign these Terms without notice. You may not assign without Rose’s consent.

13. Entire Agreement

These Terms (and incorporated policies/agreements) constitute the entire agreement unless superseded by a separate signed agreement.

14. Cancellation, Limited Access, and Data Export

14.1 Notice

30 days’ written notice is required before your next billing date to cancel.

14.2 Limited Access Mode (30 Days)

Upon a cancellation request, your account enters Limited Access Mode for 30 days:

Public‑facing sites/pages remain live until disconnected.

Your sites and scripts remain active in Limited Access Mode for 30 days so you can copy content directly from the live site.

You continue to have access to your data (contacts, tags, notes, conversations, invoices, payment history) during this period.

To complete cancellation, you must reply by SMS with “Confirm Release.”

Emails and third‑party integrations remain your responsibility, and charges remain yours until we receive your confirmation.

After Rose receives “Confirm Release,” Rose will release your domains, phone numbers, and email addresses for disconnection.

Steps are not processed in a set order; our team handles tasks as resources allow. Prompt confirmation helps avoid extra billing and carrier/domain costs.

Finally, remove your payment card from the Platform; Rose cannot do this for you.

You may opt‑in to receive automation outputs during Limited Access Mode, but Rose’s proprietary frameworks do not transfer.

Media does not transfer; you are responsible for maintaining backups.

14.3 Release & Disconnect

If Rose does not receive “Confirm Release,” Rose will, to avoid carrier/domain costs, release phone numbers, domains, and email addresses no fewer than seven (7) days before your next billing cycle (the “7‑Day Release Rule”).

Numbers purchased through Rose are leased, valid only within the Rose CRM, and non‑transferable.

Port‑Out is available only if you previously owned the number, provide a valid LOA, and maintain an active account throughout the porting process (~3–12 weeks). A2P 10DLC registrations are not transferable.

14.4 Deletion & Inactivity

Accounts inactive for 6 months may be deleted. Data may be removed after non‑payment.

14.5 No Refunds

No refunds or prorations are provided, including for unused subscription time or wallet balances.

15. Conduct & Termination for Cause

Rose may immediately suspend or terminate your account if you: misuse the Platform; abuse/threaten staff; or act in a way that harms Rose’s brand, customers, or business. Rose may refuse further service without refund and may report misconduct to authorities.

16. Applicable Law & Arbitration; No Class Actions

These Terms are governed by Texas law. Disputes must be resolved through binding arbitration in Dallas, Texas under AAA Commercial Rules. No class actions or consolidated proceedings are permitted.

17. Notices

Notices to Rose: support@alert.roserevenue.com

Notices to You: to the primary email on file for your Account. Rose will never request your password by email.

18. Definitions

Account: Subscription for one business under a Platform Account.

A2P 10DLC: U.S. application‑to‑person 10‑digit long code registration regime.

Communication Surcharges: Carrier/provider fees related to your communications usage.

Fees: Subscription and usage fees (including add‑ons and third‑party pass‑through fees).

MAP: Minimum Advertised Price.

Rose Marks: Rose’s trademarks and service marks.

Sub‑Account: A subscription for one business under a Platform Account.

Third‑Party Content/Services: Content/services owned by third parties and made available via the Platform.

Your Materials: Your content (contacts, notes, media, scripts, copy).