Terms & Conditions

Last updated: January 18, 2026

1. Agreement to Terms

These Terms and Conditions ("Terms") constitute a legal agreement between you and INTERMEDIATE HOLDINGS OF NEW JERSEY LLC ("Notifyra," "we," "our," "us") governing your use of the Notifyra platform.

By creating an account or using our Service, you agree to be bound by these Terms. If you disagree, do not use the Service.

Legal Entity: INTERMEDIATE HOLDINGS OF NEW JERSEY LLC
Brand Name: Notifyra
Governing Law: State of New Jersey, USA

2. Service Description

Notifyra is a multi-channel campaign management platform providing:

  • SMS Messaging: Send SMS campaigns via Twilio, Telnyx, AWS Pinpoint
  • Email Marketing: Create and send email campaigns
  • Social Media: Schedule and manage social campaigns (coming soon)
  • Contact Management: Organize and segment audiences
  • Analytics: Track campaign performance and engagement
  • Automation: Build marketing workflows

We provide the platform and infrastructure. You are solely responsible for message content and compliance.

3. Account Registration & Security

3.1 Eligibility

You must be at least 18 years old and have legal capacity to enter contracts. You represent that all information provided is accurate.

3.2 Account Security

  • You are responsible for maintaining account confidentiality
  • You are liable for all activities under your account
  • Notify us immediately of unauthorized access
  • Use strong passwords and enable two-factor authentication

3.3 Account Termination

We may suspend or terminate accounts for violations of these Terms, fraudulent activity, or legal requirements.

4. SMS Compliance (TCPA Requirements)

4.1 Prior Express Written Consent Required

Before sending ANY SMS marketing message, you MUST obtain prior express written consent that:

  • Is in writing or electronic form
  • Clearly discloses message frequency
  • States that consent is not required for purchase
  • Includes clear opt-out instructions
  • Discloses that message/data rates may apply

4.2 Opt-Out Requirements

  • Honor STOP/UNSUBSCRIBE requests IMMEDIATELY
  • Confirm opt-out with final message
  • Do not send further messages after opt-out
  • Maintain opt-out lists indefinitely

4.3 Message Content Requirements

  • Include business/sender name in messages
  • Provide HELP keyword for customer support
  • Send messages only during reasonable hours (8 AM - 9 PM local time)
  • Do not use auto-dialers without consent

4.4 Record Keeping

You must maintain records of consent for at least 4 years, including:

  • How and when consent was obtained
  • What disclosures were provided
  • Phone number consented to receive messages
  • Opt-out requests and dates

5. Email Compliance (CAN-SPAM Act)

5.1 Header Information

  • Accurate "From," "To," and routing information
  • Accurate subject line reflecting email content
  • Identify message as advertisement if commercial

5.2 Physical Address Requirement

All commercial emails must include a valid physical postal address.

5.3 Unsubscribe Requirements

  • Clear and conspicuous unsubscribe link
  • Process unsubscribes within 10 business days
  • Cannot charge a fee or require information beyond email address
  • Cannot sell/transfer email addresses of opted-out recipients

5.4 Transactional vs Marketing Emails

Transactional emails (receipts, account alerts) have different rules. Marketing emails must comply with all CAN-SPAM requirements.

6. Prohibited Activities

You agree NOT to use Notifyra to:

  • Spam: Send unsolicited messages or bulk messages without consent
  • Fraud: Engage in phishing, scams, or fraudulent activities
  • Illegal Content: Distribute illegal, harmful, or offensive content
  • Adult Content: Send sexually explicit material
  • Hate Speech: Promote violence, discrimination, or harassment
  • Malware: Distribute viruses, malware, or malicious code
  • Bypass: Attempt to bypass rate limits or security measures
  • Resell: Resell or redistribute the Service without authorization
  • Scraping: Harvest data or user information
  • Interference: Disrupt or interfere with Service operation

Violations may result in immediate account termination and legal action.

7. Fees & Payment

7.1 Subscription Fees

Fees are billed in advance on a monthly or annual basis. All fees are non-refundable except as required by law.

7.2 Usage-Based Charges

SMS and email sending incur per-message charges based on your plan and volume.

7.3 Payment Method

You must provide valid payment information. We use third-party processors (Stripe, PayPal). By providing payment information, you authorize automatic charges.

7.4 Late Payments

Overdue accounts may be suspended. We may charge late fees and collection costs.

7.5 Price Changes

We may change prices with 30 days notice. Continued use after price change constitutes acceptance.

8. Service Level & Availability

We strive for 99.9% uptime but cannot guarantee uninterrupted service. We may perform maintenance, updates, or modifications at any time.

We are not liable for service interruptions caused by third-party providers (Twilio, AWS, etc.), internet outages, or force majeure events.

9. Intellectual Property

9.1 Our IP

Notifyra, our logo, platform, and content are owned by INTERMEDIATE HOLDINGS OF NEW JERSEY LLC. You may not copy, modify, or distribute without permission.

9.2 Your Content

You retain ownership of content you create. You grant us a license to store, process, and transmit your content to provide the Service.

9.3 Feedback

Any feedback or suggestions you provide become our property and may be used without compensation.

10. Data Privacy

Your use of the Service is governed by our Privacy Policy. By using the Service, you consent to our data practices.

11. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND.

WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING:

  • MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE
  • NON-INFRINGEMENT
  • ACCURACY, RELIABILITY, OR AVAILABILITY
  • ERROR-FREE OR UNINTERRUPTED OPERATION

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

NOTIFYRA SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION.

OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID IN THE 12 MONTHS PRECEDING THE CLAIM.

13. Indemnification

You agree to indemnify and hold harmless INTERMEDIATE HOLDINGS OF NEW JERSEY LLC, its officers, directors, employees, and agents from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any laws or regulations
  • Your message content or campaigns
  • Claims of TCPA or CAN-SPAM violations

14. Termination

14.1 By You

You may cancel your account at any time. No refunds for remaining subscription period.

14.2 By Us

We may terminate or suspend access immediately for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment
  • Abuse or spam complaints
  • At our sole discretion with or without cause

14.3 Effect of Termination

Upon termination, your right to use the Service ceases immediately. We may delete your data after 90 days.

15. Dispute Resolution

15.1 Governing Law

These Terms are governed by the laws of the State of New Jersey, USA, without regard to conflict of law principles.

15.2 Arbitration

Any disputes shall be resolved through binding arbitration in New Jersey, except for injunctive relief which may be sought in court.

15.3 Class Action Waiver

You agree to resolve disputes individually, not as part of a class or representative action.

16. General Provisions

16.1 Entire Agreement

These Terms constitute the entire agreement between you and Notifyra.

16.2 Severability

If any provision is found invalid, the remaining provisions remain in effect.

16.3 Waiver

Failure to enforce any right does not waive that right.

16.4 Assignment

You may not assign these Terms. We may assign to any successor or acquirer.

16.5 Changes to Terms

We may modify these Terms at any time. Material changes will be notified via email. Continued use constitutes acceptance.

17. Contact Information

Questions about these Terms? Contact us:

INTERMEDIATE HOLDINGS OF NEW JERSEY LLC

d/b/a Notifyra

Email: legal@notifyra.com

Support: support@notifyra.com

Website: https://notifyra.com