Terms of Service

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“User,” “you”) and Photon (“Company,” “we,” “us”) governing your access to and use of the Photon platform, the Spectrum Dashboard, APIs, and all related services (collectively, the “Service”).

By creating an account, accessing, or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must not use the Service.

You represent that you are at least 18 years of age and have the legal capacity to enter into these Terms. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization to these Terms.

Photon provides a developer platform and dashboard (“Spectrum Dashboard”) that enables users to build, deploy, manage, and monitor AI-powered agents across multiple channels. The Service includes, but is not limited to:

• The Spectrum Dashboard for project management and configuration
• APIs for programmatic access to platform functionality
• Agent deployment and distribution tools
• Analytics, observability, and monitoring features
• Documentation and developer resources

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice. We will make reasonable efforts to notify you of material changes.

To access the Service, you must create an account by providing accurate and complete information. You agree to:

• Provide truthful, current, and complete registration information
• Maintain the security and confidentiality of your login credentials
• Promptly notify us of any unauthorized access to or use of your account
• Accept responsibility for all activities that occur under your account

You may not share your account credentials or allow others to access the Service through your account. We reserve the right to suspend or terminate accounts that violate these Terms.

You agree not to use the Service to:

• Violate any applicable law, regulation, or third-party right
• Transmit malware, viruses, or any code of a destructive nature
• Interfere with, disrupt, or place an undue burden on the Service or its infrastructure
• Attempt to gain unauthorized access to any portion of the Service or related systems
• Reverse engineer, decompile, or disassemble any part of the Service, except as permitted by law
• Use automated means (bots, scrapers, crawlers) to access the Service beyond the provided APIs
• Build agents that generate or distribute illegal, harmful, misleading, or abusive content
• Resell, sublicense, or redistribute access to the Service without written authorization
• Send messages in violation of the Messaging Compliance section below

We may investigate suspected violations and may remove content or suspend accounts at our discretion.

This section applies to any use of the Service to send SMS, MMS, RCS, or other messages to recipients. For purposes of this section, “Applicable Law” means all laws, rules, and regulations applicable to a party’s use of the Service, including the TCPA, FCC rules, CAN-SPAM, and applicable state laws; and “Carrier Requirements” means the rules, guidelines, and requirements of telecommunications carriers, messaging aggregators, and industry bodies (including CTIA guidelines and A2P/10DLC program rules) applicable to messaging sent through the Service.

General compliance

You are solely responsible for ensuring that your use of the Service complies with all Applicable Law and Carrier Requirements, and with any program, campaign, sender ID, or content rules applicable to your messaging.

Required consents; opt-in

You must obtain and maintain all legally required consents and opt-ins from each recipient before any messages are sent, including as required under the TCPA, FCC rules, applicable state laws, and Carrier Requirements. Consumer opt-in must be a clear, affirmative action by the recipient, and the disclosures required by Carrier Requirements must be presented at the point of opt-in. You must be able to demonstrate that consent and provide proof to us on request.

Opt-out and revocation

You must provide and honor opt-out mechanisms as required by Applicable Law and Carrier Requirements, including STOP and UNSUBSCRIBE keywords. You must promptly process opt-out requests and stop sending messages to any recipient who has opted out, except as permitted by law.

No spam or unsolicited messaging

You will not send spam, unsolicited messages, or messages to any recipient without proper consent or in violation of Applicable Law or Carrier Requirements.

Prohibited content and conduct

You will not use the Service to create, send, or facilitate content that is illegal, fraudulent, deceptive, harmful, harassing, abusive, hateful, defamatory, infringing, or otherwise prohibited by Applicable Law or Carrier Requirements, and you will not impersonate others or misrepresent your identity, sender identity, or affiliation.

No circumvention

You will not evade or circumvent our safeguards, filters, compliance checks, sender vetting, throughput limits, or rate limits, attempt to route around carrier blocks, or engage in conduct that increases carrier complaints or threatens deliverability.

Suspension

We may suspend, throttle, or terminate your access to the messaging functionality of the Service, in whole or in part, immediately and without liability, if we determine in our reasonable discretion that your messaging violates this section, Applicable Law, or Carrier Requirements, or threatens deliverability or our relationships with carriers. We will have no liability for any delayed, blocked, or undelivered messages.

Access to the Photon API is subject to the following additional terms:

Rate limits

API calls are subject to rate limits as documented. Exceeding these limits may result in temporary throttling or suspension.

API keys

You are responsible for safeguarding your API keys and tokens. Do not expose them in client-side code, public repositories, or insecure environments.

Versioning

We may release new API versions and deprecate older versions with reasonable notice. You are responsible for updating your integrations accordingly.

Uptime

While we strive for high availability, we do not guarantee uninterrupted API access. Service-level agreements, where applicable, are governed by separate agreements.

The Service, including its design, code, documentation, branding, and all associated intellectual property, is owned by Photon and protected by copyright, trademark, and other intellectual property laws.

You retain ownership of any content, data, or materials you submit through the Service (“User Content”). By submitting User Content, you grant us a limited, worldwide, non-exclusive, royalty-free license to host, process, and display your content solely as necessary to provide the Service.

You represent that you have the rights necessary to submit User Content and that it does not infringe any third-party rights.

The Service may integrate with or contain links to third-party services, including messaging platforms, carriers, aggregators, analytics providers, and cloud infrastructure. Your use of such services is governed by their respective terms and privacy policies.

We are not responsible for the availability, accuracy, or content of third-party services. Integration with third-party services does not imply endorsement.

Certain features of the Service may be offered under paid plans. If you subscribe to a paid plan:

• Fees are billed in advance on a recurring basis (monthly or annually) unless otherwise stated
• All fees are non-refundable except as required by law or expressly stated in these Terms
• We may change pricing with at least 30 days’ notice before the start of your next billing cycle
• You are responsible for providing accurate billing information and keeping payment methods current
• Failure to pay may result in suspension or downgrade of your account

Each party agrees to maintain the confidentiality of any non-public information disclosed by the other party in connection with the Service. Confidential information does not include information that is publicly available, independently developed, or rightfully obtained from a third party without obligation of confidentiality.

The Service is provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that the Service will be uninterrupted, error-free, secure, or free from harmful components. We do not warrant that any message will be delivered, or delivered within any particular time, and we make no warranty as to deliverability, throughput, or carrier acceptance.

To the maximum extent permitted by applicable law, in no event shall Photon, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or goodwill, arising out of or related to your use of the Service, regardless of the theory of liability.

Our total cumulative liability for all claims arising out of or related to these Terms or the Service shall not exceed the greater of (a) the amounts you paid to us in the 12 months preceding the claim, or (b) $100.

You agree to indemnify, defend, and hold harmless Photon and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your User Content; (d) your violation of any rights of a third party; or (e) your messaging, including any claim, penalty, or carrier fine arising from messages sent through the Service or from your violation of Applicable Law or Carrier Requirements.

These Terms remain in effect until terminated. You may terminate your account at any time by contacting us or using the account deletion functionality in the dashboard.

We may suspend or terminate your access to the Service at any time for any reason (including as described in Messaging Compliance), including if we reasonably believe you have violated these Terms. Upon termination, your right to use the Service ceases immediately.

Provisions that by their nature should survive termination (including intellectual property, limitation of liability, indemnification, and dispute resolution) will survive.

We may revise these Terms from time to time. When we make material changes, we will notify you by email or through a notice on the Service at least 30 days before the changes take effect. Revised Terms may take effect immediately for accounts created on or after the date the revision is published, and will take effect for existing accounts at the end of the notice period.

Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance. If you do not agree to the updated Terms, you must stop using the Service.

These Terms are governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict-of-law provisions.

Any dispute arising from these Terms or the Service shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved within 30 days, it shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, with proceedings conducted in English.

Entire agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Photon regarding the Service.

Severability

If any provision is found unenforceable, the remaining provisions continue in full force and effect.

Waiver

Failure to enforce any right or provision does not constitute a waiver of that right or provision.

Assignment

You may not assign these Terms without our prior written consent. We may assign our rights and obligations without restriction.

Force majeure

Neither party is liable for delays or failures caused by events beyond reasonable control, including natural disasters, war, terrorism, pandemics, or government action.

If you have questions about these Terms, contact us at [email protected].