Terms of Service

Last updated: May 1, 2026

Agreement to terms

These Terms of Service (“Terms”) are a binding agreement between you and Top Flight Strategy LLC, doing business as TopFlightSMS (“Top Flight,” “we,” “us,” or “our”), the operator of the topflightsms.com platform and website (the “Service”). By accessing or using the Service you agree to be bound by these Terms. If you do not agree, do not use the Service. If you use the Service on behalf of an organization, you represent that you have authority to bind that organization.

The service

topflightsms.com provides a text-messaging platform for political campaigns, advocacy organizations, nonprofits, and membership groups, including mass and peer-to-peer texting, two-way conversations, compliance tooling, and analytics. Access to messaging features may require completion of carrier registration and certification requirements.

Acceptable use

You agree to use the Service only for lawful messaging that complies with all applicable laws and industry rules, including the Telephone Consumer Protection Act (TCPA), CTIA guidelines, and carrier requirements. You are solely responsible for obtaining and documenting proper consent from message recipients, honoring opt-out requests, and the content of your messages.

You may not use the Service to send unlawful, deceptive, fraudulent, or harassing content; to impersonate others; to violate intellectual-property or privacy rights; or to attempt to circumvent carrier filtering, registration, or opt-out mechanisms. We may suspend or terminate accounts that violate this section.

Accounts & certification

You are responsible for maintaining the confidentiality of your account credentials and for all activity under your account. You agree to provide accurate registration information, including information required for carrier certification, and to keep it current. Notify us immediately at [email protected] of any unauthorized use of your account.

Fees & billing

Paid plans are billed monthly in advance unless otherwise agreed in writing. Message volumes above plan allowances may incur additional charges. Fees are non-refundable except as required by law. You may cancel at any time, effective at the end of the current billing period. We may change pricing with at least 30 days’ notice.

Intellectual property

The Service, including its software, design, and content (excluding customer content), is owned by Top Flight and protected by intellectual-property laws. You retain all rights to the content and contact lists you upload; you grant us a limited license to process them solely to provide the Service.

Disclaimer of warranties

The Service is provided “as is” and “as available” without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that messages will be delivered, that the Service will be uninterrupted or error-free, or that use of the Service will ensure your compliance with applicable law. You are responsible for your own legal compliance.

Limitation of liability

To the fullest extent permitted by law, Top Flight will not be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, or data, arising from or related to your use of the Service. Our total liability for any claim will not exceed the amounts you paid us in the twelve months preceding the claim.

Indemnification

You agree to indemnify and hold harmless Top Flight and its officers, employees, and agents from claims, damages, and expenses (including reasonable attorneys’ fees) arising from your content, your contact lists, your violation of these Terms, or your violation of any law or third-party right, including TCPA claims arising from messages you send.

Termination

You may stop using the Service and cancel at any time. We may suspend or terminate your access for violation of these Terms, legal or carrier compliance risk, or non-payment. Sections that by their nature should survive termination (including fees owed, intellectual property, disclaimers, limitation of liability, and indemnification) survive.

Governing law

These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any dispute will be resolved in the state or federal courts located in Florida, and the parties consent to their jurisdiction.

Changes to these terms

We may update these Terms from time to time. We will post the revised version on this page and update the “Last updated” date above. Continued use of the Service after changes take effect constitutes acceptance.

Contact us

Questions about these Terms? Contact Top Flight Strategy LLC, d/b/a TopFlightSMS at [email protected].