Terms of Service

1. Eligibility & Account

You must be at least 18 years old and authorized to act on behalf of your business to create an OverDryv account. You agree to provide accurate and complete information during registration and to keep your account credentials secure. You are responsible for all activity that occurs under your account.

2. Acceptable Use

You agree not to:

• Use the Services for any unlawful purpose or in violation of any applicable law
• Send unsolicited marketing SMS messages without proper consent
• Upload or transmit viruses, malware, or any malicious code
• Attempt to gain unauthorized access to any part of the Services
• Use the Services to infringe upon the intellectual property rights of others
• Reverse engineer, decompile, or disassemble any part of the platform
• Resell or sublicense the Services without prior written consent

3. SMS Messaging & A2P/10DLC Terms

Your SMS Responsibilities

• You are solely responsible for obtaining and maintaining proper consent from recipients before sending SMS messages through the platform.
• You must maintain records of consent for each recipient and provide them upon request.
• You must honor all opt-out requests immediately. Recipients who reply "STOP" will be automatically suppressed from future messages.
• You must provide a clear opt-out mechanism in any marketing messages sent through the platform.
• You must not send messages containing SHAFT content (Sex, Hate, Alcohol, Firearms, Tobacco) or any other prohibited content as defined by carrier guidelines.
• You are responsible for ensuring that your messaging content matches the use case registered with the Campaign Registry.
• You understand that sending prohibited content or violating carrier policies may result in message filtering, campaign suspension, account suspension, or termination.

Message Fees

Standard SMS messaging rates may apply to both senders and recipients. OverDryv may charge per-message fees based on your subscription plan. Carrier-imposed surcharges for 10DLC messaging may apply and are subject to change. You are responsible for all messaging costs incurred through your account.

4. Payments & Processor Agnosticism

OverDryv is a processor-agnostic platform. You may connect your own payment processor to facilitate transactions. By using payment features, you agree that:

• OverDryv does not process payments directly and is not a payment processor.
• Your relationship with your payment processor is independent of OverDryv.
• You are responsible for complying with your processor's terms, PCI-DSS requirements, and all applicable payment regulations.
• OverDryv is not liable for payment processing errors, chargebacks, or disputes, which are handled by your connected processor.
• Dual pricing functionality is provided as a tool; you are responsible for ensuring your dual pricing practices comply with applicable state and federal laws.

5. Subscriptions & Billing

OverDryv offers subscription plans with varying features and pricing. By subscribing, you agree to pay all applicable fees. Subscription fees are billed in advance on a recurring basis. You may cancel your subscription at any time; cancellations take effect at the end of the current billing cycle. We may change our pricing with reasonable notice, and any price changes will apply to your next billing cycle following the notice.

6. Intellectual Property

All content, features, and functionality of the OverDryv platform, including software, designs, logos, and trademarks, are the exclusive property of OverDryv and its licensors. You may not copy, modify, distribute, or create derivative works without our prior written consent.

You retain all rights to the data you upload to the platform, including customer information, vehicle data, and business records. OverDryv retains a limited license to use your data solely to provide and improve the Services.

7. Data Privacy

Our handling of your data is governed by our Privacy Policy, which is incorporated into these Terms by reference. You are responsible for ensuring that your use of the platform complies with applicable data protection laws, including obtaining necessary consents from your customers.

8. Disclaimers

The Services are provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, or non-infringement. We do not guarantee that the Services will be uninterrupted, error-free, or secure. SMS message delivery is subject to carrier networks and is not guaranteed.

9. Limitation of Liability

To the maximum extent permitted by law, OverDryv shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, arising from your use of the Services. Our total liability for any claim arising from these Terms shall not exceed the amount you paid for the Services in the twelve months preceding the claim.

10. Indemnification

You agree to indemnify and hold harmless OverDryv and its affiliates from any claims, damages, losses, or expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights, including any violations of SMS or A2P/10DLC compliance requirements.

11. Termination

We may suspend or terminate your account at any time for violation of these Terms, including violations of carrier messaging policies or payment regulations. Upon termination, your right to use the Services ceases immediately. You may terminate your account at any time by contacting us. Sections relating to intellectual property, disclaimers, limitation of liability, and indemnification survive termination.

12. Governing Law

These Terms are governed by the laws of the State in which OverDryv is incorporated, without regard to conflict of law principles. Any disputes arising from these Terms shall be resolved in the courts of competent jurisdiction in that state.

13. Changes to These Terms

We may modify these Terms at any time. We will post the updated Terms on this page and update the "Last updated" date. Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms.

14. Contact

If you have questions about these Terms, please contact us at legal@overdryv.io.