Postscript Terms of Service

Last Updated: December 15, 2025

These Postscript Terms of Service (“Terms”) are a binding and enforceable agreement between you and Stodge Inc. d/b/a Postscript (“Postscript”). By using the Postscript Services, or by signing a Service Order for Postscript Services, you accept and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Postscript Services.

Postscript may update these Terms at any time, in its sole discretion. Postscript will notify you of changes to these Terms by posting the changes to the Postscript website, by email, or through other communications. If you continue to use the Postscript Services after Postscript posts updated Terms, you agree to be bound by those updated terms.

SECTION 12 “DISPUTE RESOLUTION” CONTAINS A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT AFFECT YOUR LEGAL RIGHTS.

1. Definitions

“Affiliate” means any person or entity that controls, is controlled by, or is under common control with another person or entity, for so long as such control exists, whether on or after the effective date of these Terms, where “control” means direct or indirect ownership or authority over more than fifty percent (50%) of the voting shares or other voting interests entitled to elect directors or other governing persons of such entity.

“Applicable Laws” means all applicable laws, rules, and regulations, including the Telephone Consumer Protection Act (TCPA), the Controlling the Assault of Non-Solicited Pornography and Marketing Acts (CAN-SPAM), and all applicable laws, rules, and regulations relating to data privacy and consumer protection.

“Confidential Information” means all information disclosed by a party to the other party, whether orally, visually, or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the circumstances. Confidential Information includes business and marketing plans and strategies, vendor lists, technology, technical information and documentation, inventions, know-how, data, business processes, designs, methods, software, trade secrets, product plans and designs, and financial and pricing information.

“CTIA Policies” means the policies and rules of the Wireless Association (CTIA), including the CTIA Messaging Principles and Best Practices Guidelines, and the CTIA Short Code Monitoring Handbook, and any similar generally accepted industry policies or rules adopted by carriers, or other practices enforced by carriers. 

“Customer” or “you” refers to the individual or entity using the Postscript Services.

“Customer Data” means any data, information (including personal information), Subscriber Lists, content (including marketing and promotions), or other materials submitted, posted, transmitted, or otherwise provided by or on behalf of a Customer, its service providers, or its End Users in connection with the Postscript Services. For clarity, Customer Data excludes in all cases the Postscript Services.

“Dynamic Hosted Messaging Terms” means Postscript’s features and functionality for hosting Messaging Terms, including all related templates and content.

“End User” means an individual who interacts with the Postscript Services in any form, except for employees and contractors of Customer interacting with the Postscript Services in connection with their employment. End Users include individuals who interact with Postscript Services indirectly via Customer, its Affiliates, or agents, or an individual who interacts with Customer, its Affiliates, or agents in connection with the Postscript Services.

“Fees” means all fees related to your purchase and use of the Postscript Services, as set forth in your account or in a relevant Service Order.

“Fondue Services” means the Fondue reward program services and related software, features, documentation, functionality, and other materials, including the Fondue application and Fondue SDK.

“Intellectual Property Rights” means, on a worldwide basis, any and all: (a) rights associated with works of authorship, including copyrights, moral rights, database rights and mask works; (b) trademarks; (c) trade secret rights; (d) patents, designs, algorithms and other industrial property rights; (e) other intellectual and industrial property rights of every kind and nature, however designated, whether arising by operation of law, contract, license or otherwise; and (f) registrations, initial applications, renewals, extensions, continuations, divisions or reissues of the foregoing.

“Messaging Terms” means Customer’s terms of service and privacy policy that govern Customer’s text message marketing program, as updated from time to time.

“Payment Information” means the payment information you provide to Postscript or one of our payment processing partners, which may include your credit or debit card number and expiration date of your credit card, bank account information, your email and postal addresses for billing and notification, and additional information to verify your identity or facilitate the payment process.

“Payment Method” means the credit card, bank account, or other payment method represented by your Payment Information.

“Platform Services” means the Postscript text message marketing services and related software, features, documentation, functionality, and other materials, including the Postscript application, Postscript SDK, and the Dynamic Hosted Messaging Terms.

“Professional Services” means Postscript Plus, SMS Sales, and any other professional services set forth in a relevant Service Order. 

“Postscript AI” means the Postscript Brand Center, Infinity Testing, Shopper, any other services and features included in the Postscript AI suite, and any future versions or upgrades of those services and features.

“Postscript Content Policy” means the Postscript Content Policy available at https://postscript.io/content-policy, as updated from time to time.

“Postscript DPA” means the Postscript Data Processing Agreement available at https://postscript.io/data-processing-agreement, as updated from time to time.

“Postscript Services” means the Platform Services, Professional Services, Fondue Services, Postscript AI, the Postscript website and help center, all related documentation, and any other products or services offered now or in the future by Postscript.

“Postscript Privacy Policy” means the Postscript Privacy Policy available at https://postscript.io/privacy, as updated from time to time.

“Service Order” means a written order form for the purchase of Postscript Services executed by Postscript and a Customer.

“Subscriber List” means information about individuals which may be used for SMS messaging, including names, phone numbers, and whether the individual has opted in or out.

“Taxes” means any taxes, levies, duties, or similar governmental assessments of any nature (including, for example, value-added, sales, use, or withholding taxes) assessable by any applicable taxing authorities.

“Usage Data” means information that Postscript automatically collects about your use of the Postscript Services, including metadata about message sending, popup configurations, engagement rates, website traffic sources, and selection and redemption patterns for coupons and similar promotions.

Under these Terms and any relevant Service Order, the words “include” and “including” mean “including but not limited to.”

2. Accessing the Postscript Services.

2.1 Eligibility. To use the Postscript Services, you must be at least 18 years of age or older or the age of majority in your jurisdiction, whichever is higher; capable of forming a binding contract with Postscript; and not otherwise barred from using the Postscript Services under Applicable Laws. If you do not meet the requirements set forth in this Section, you may not use the Postscript Services. If you access or use the Postscript Services on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms, and that by accepting these Terms, you are doing so on behalf of that entity. If you act as an agent on behalf of a Customer, any act or omission of that Customer that would be a breach of these Terms will be deemed a breach by you, and you will enter a written agreement with such Customer that is at least as protective of Postscript as these Terms.

2.2 Your Account. You may be required to register and create an account to access some of the Postscript Services. You are responsible for ensuring that your account information is accurate and up-to-date, and for protecting and safeguarding your account credentials. You will not permit anyone to use your account other than your authorized employees, and you will use commercially reasonable efforts to prevent unauthorized access to your account. You are responsible for all activities that occur in connection with your account. If you believe that your account has been compromised, you will notify Postscript immediately by emailing support@postscript.io.

2.3 Contracting with Affiliates. Notwithstanding anything to the contrary in these Terms, if a Service Order referencing these Terms is executed by or on behalf of an Affiliate of Postscript, or if Customer registers for Postscript Services referencing these Terms through an Affiliate of Postscript, then with respect to such Service Order or registration: (a) these Terms shall be deemed to be between Customer and such Affiliate (including all documents incorporated by reference, such as the Postscript DPA, Privacy Policy, Content Policy, and any addenda); (b) references to “Postscript” in these Terms shall be deemed to refer to such Affiliate, except where otherwise indicated; (c) such Affiliate will be solely responsible for performing the applicable Postscript Services (including for invoicing and collecting Fees thereunder); and (d) Postscript will have no obligations or liability with respect to such Service Order unless expressly identified as a contracting party.

3. Use of the Postscript Services

3.1 Your Compliance with Applicable Laws. You will comply with all Applicable Laws, CTIA Policies, and the Postscript Content Policy in connection with your use of the Postscript Services, including, for the avoidance of doubt, the TCPA and CAN-SPAM, and all relevant implementing rules, orders, and regulations of the Federal Trade Commission and Federal Communications Commission. You are solely responsible for: (a) collecting and maintaining your Subscriber Lists and other Customer Data in accordance with Applicable Laws and CTIA Policies; (b) providing notice and obtaining consent from your End Users as required under Applicable Laws for your use of the Postscript Services, including sending text messages; and (c) ensuring that all marketing and promotional activities that you conduct through the Postscript Services comply with Applicable Laws, CTIA Policies, and the Postscript Content Policy, including the content of your messages and campaigns, and any contests, raffles, sweepstakes, or similar activities. To the extent Postscript provides advice, guidance, templates, or suggestions via the Postscript Services, or otherwise, you expressly acknowledge and agree that the foregoing are provided solely for convenience, and Postscript disclaims any liability or responsibility for your use of the foregoing.

3.2 Messaging Terms. At all times while you are using the Platform Services, you will publicly post Messaging Terms. Your Messaging Terms will comply with all Applicable Laws and CTIA Policies, and will be at least as protective of Postscript and its suppliers, aggregators, licensors, and service providers, as these Terms and the Dynamic Hosted Messaging Terms. You are solely responsible for ensuring that all of your End Users agree to your Messaging Terms. You will provide a copy of your Messaging Terms or a link to your Messaging Terms at each location where End Users may subscribe to your text message marketing program. You will clearly and conspicuously display all links to your Messaging Terms and opt-in consent language in a style and manner that complies with Applicable Laws, CTIA Policies, and any other reasonable requirements communicated by Postscript, and do so in a manner that is consistent with current legal requirements for creating a binding agreement to those Messaging Terms. To access or use certain features of the Postscript Services, you may be required to implement and utilize the Dynamic Hosted Messaging Terms. Nevertheless, you accept full legal responsibility for your use of the Dynamic Hosted Messaging Terms, and acknowledge and agree that you have been advised to obtain independent legal counsel to review your use of the Dynamic Hosted Messaging Terms. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT POSTSCRIPT IS NOT PROVIDING LEGAL ADVICE AND NO ATTORNEY-CLIENT RELATIONSHIP IS CREATED BY YOUR USE OF THE DYNAMIC HOSTED MESSAGING TERMS. If Postscript determines in its sole discretion that your Messaging Terms violate Applicable Laws, CTIA Policies, or other Postscript requirements, Postscript may suspend your access to the Platform Services.

3.3 Insurance. At all times while these Terms are in effect, you will, at your own cost and expense, maintain an insurance policy of the type and in at least the amounts reasonably necessary and appropriate for your marketing and promotional activities with a reputable insurance carrier duly qualified in all relevant jurisdictions. Upon Postscript’s request, you will provide a certificate of insurance. You acknowledge that the best practice for Customers is to obtain a policy with a coverage rider expressly providing for the coverage of TCPA claims and a “most favored jurisdiction” provision.

3.4 Third-Party Services and Integrations. Improperly sending text message marketing through multiple service providers may result in violations of CTIA Policies and Applicable Laws, including maintenance of a company level do-not-call list. Therefore, you will not use any third-party text message marketing and sending provider without Postscript’s prior written approval, provided that Postscript will not unreasonably withhold or delay approval. Postscript reserves the right to revoke its approval for any reason, at its sole discretion. If Postscript revokes approval for your use of a third-party text message marketing and sending provider, your failure to discontinue use of such provider constitutes a breach of these Terms. You may not use the Postscript Services in connection with any third-party integration unless it is officially supported by Postscript. Please contact Postscript support if you have questions about other third-party integrations. If you use the Postscript Services in connection with a third-party service, whether through an integration offered by Postscript or otherwise, you are solely responsible for your use of such third-party service, including any disclosure or other processing of your Customer Data in connection with such third-party service. Any use of a third-party service is at your own risk. Postscript will have no liability for your use of any third-party service in connection with the Postscript Services, and disclaims all responsibility for the functionality, security, availability, and operation of any third-party service. Postscript reserves the right to discontinue support for a third-party service for any reason, including if the relevant provider ceases to make an integration available, or if Postscript determines the relevant third-party service is not compliant with Applicable Laws. You will provide advance written notice to Postscript if you require assistance with suspending or terminating an integration between a third-party service and the Postscript Services.

3.5 Updates to the Postscript Services. Postscript may, in its sole discretion, at any time, with or without notice, and without liability to you, make updates to the Postscript Services, and change or discontinue the availability of some or all functionality of the Postscript Services. Postscript may provide notice of material changes to the Postscript Services by posting to this web page, the Postscript application, by email, or by other reasonable means of communication. It is your responsibility to check this page periodically to be informed of any changes. Your continued use of the Postscript Services following any update or change will be deemed your acceptance of such modifications.

3.6 Beta Features. Postscript may, in its sole discretion, invite you to use pre-release or beta features that are not yet generally available. Access to such features may be conditioned upon additional terms and conditions. Any beta features will be considered Postscript’s Confidential Information. POSTSCRIPT MAKES NO REPRESENTATIONS OR WARRANTIES THAT BETA FEATURES WILL FUNCTION OR BE GENERALLY AVAILABLE, UNINTERRUPTED, OR ERROR-FREE, AND ANY USE OF BETA FEATURES WILL BE AT YOUR OWN RISK. Beta features are excluded from: (a) any other representations and warranties that Postscript makes with respect to the Postscript Services; and (b) any indemnification obligations Postscript may have to you. Postscript may discontinue beta features at any time.

3.7 Restrictions. In connection with Customer’s use of the Postscript Services, Customer will not, and will not authorize or encourage any third party to, directly or indirectly:

  • Violate Applicable Laws, CTIA Policies, or the Postscript Content Policy;

  • Operate, administrate, run, or distribute materials related to an illegal lottery or other promotion in violation of Applicable Laws regarding gambling, contests, sweepstakes, and gaming;

  • Permit any End User under the age of 18 years old or the age of majority in the jurisdiction in which they reside, whichever is higher, to use the Postscript Services;

  • Engage in any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;

  • Distribute spyware, adware, or other harmful programs;

  • Sell, transfer, lease, sublicense, loan, distribute, or otherwise transfer to third parties the Postscript Services or any portion thereof;

  • Obscure, alter, or remove any notice of Intellectual Property Rights or other proprietary rights appearing on or contained in the Postscript Services;

  • Modify, alter, copy, adapt, translate, or create derivative works based on the Postscript Services;

  • “Frame” or “mirror” any content forming part of the Postscript Services;

  • Reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or determine the source code of the Postscript Services, except to the extent expressly permitted by Applicable Laws and then only upon advance written notice to Postscript;

  • Bypass, delete, or disable any copy protection mechanisms or security mechanisms of the Postscript Services;

  • Attempt to gain unauthorized access to, or disrupt the integrity, performance, or security of the Postscript Services, including by circumventing any rate limits or restrictions;

  • Use or access the Postscript Services to monitor the availability, performance, or functionality of the Postscript Services or any portion thereof, or for any similar benchmarking purposes;

  • Use the Postscript Services in a way that infringes, misappropriates, or violates any third party’s rights;

  • Access the Postscript Services to build a competitive product or service, or to develop machine learning models or related technology.

3.8 Usage Data. You agree that Postscript may use Usage Data internally for any purpose, including to create analytics, to improve the Postscript Services, to prevent fraud and abuse of the Postscript Services, for debugging and testing, and for security purposes. However, except as may be required in connection with legal disputes and to comply with Applicable Laws, Postscript will not share or publish Usage Data unless it is aggregated or deidentified such that it cannot reasonably be used to identify you or any End User.

3.9 Audits. Postscript may audit Customer’s account from time to time, at its sole discretion, for compliance with these Terms, including Customer’s Messaging Terms, popups or other signup units, and Subscriber Lists. Without limiting any other rights or remedies Postscript may have under these Terms or otherwise, Postscript may require Customer to provide supporting documentation, including records of Customer’s Messaging Terms and signup units, to use or access certain Postscript Services. If Postscript determines, in its sole discretion, that a Subscriber List or other Customer Data may violate these Terms, Postscript may restrict Customer’s use of such Customer Data in connection with some or all of the Postscript Services.

4. Fees and Payment Terms

4.1 Fees Generally. You are responsible for and will pay all Fees incurred under your account and, if applicable, all Fees set forth in a Service Order. The applicable Fees for the Postscript Services will be set forth in a Service Order or your account, as applicable. Postscript may charge a payment processing or convenience fee for payment processing, as set forth in your account or a relevant Service Order. Postscript may update or modify the applicable Fees and rates for the Postscript Services unless otherwise set forth in a Service Order, and provided that Postscript will provide reasonable advance notice of such changes. 

4.2 Subscriptions. Postscript may make certain Postscript Services available on a subscription basis. By purchasing a subscription, you agree that your subscription will automatically renew until canceled in accordance with these Terms, and that you will pay all recurring Fees for your subscription until it is canceled. Unless otherwise set forth in a Service Order, you may upgrade, downgrade, or cancel your subscription as set forth in your account. Certain subscription packages may only be available to Customers who enter a Service Order, and changes to those packages may only be requested by contacting Postscript support. Cancellations and downgrades will not take effect until the start of the following subscription period. Requests for cancellation or downgrade made by contacting Postscript support must be initiated at least five (5) days before the end of the current subscription period. If you cancel your subscription as set forth in this Section, you will continue to have access to the Postscript Services until the end of the final subscription period.

4.3 Promotions and Discounts. Postscript may make available promotions and discounts from time to time. All promotions and discounts are subject to these Terms and any terms and conditions set forth in the promotion or discount or in a Service Order, or otherwise communicated to you at the time of purchase. Promotions and discounts do not automatically renew or roll over. Following the expiration of a promotion or discount, regular Fees and billing terms will apply.

4.4 Your Payment Method. Postscript may ask you to provide Payment Information through your account. At all times, you will ensure that your Payment Information and Payment Method are correct, up to date, and valid, and you are solely responsible for any failure to do so, including if you incur overdraft fees or fees related to a declined payment. You may make changes to your Payment Information and update your Payment Method through your account. In accordance with Applicable Laws, Postscript may update your Payment Information if such information is provided by your financial institution.

4.5 Payment Processing. Postscript will charge you for Fees on the billing cycle described in your account using the Payment Method you provide through your account, unless otherwise set forth in a Service Order. Postscript may use a third-party payment processor. By providing your Payment Information through your account: (a) you authorize Postscript and its third-party payment processor to charge your Payment Method for all relevant Fees when due, including for any recurring Fees for your subscription and when you reach your charge cap; (b) you agree that Postscript’s third-party payment processor may store your Payment Information; and (c) you agree that Postscript’s third-party payment processor may authenticate your Payment Information and Payment Method, including by running one or more payment authorization checks (for example, by charging an amount less than one dollar and reversing that amount). If Postscript and its third-party payment processor are unable to charge you using the Payment Method associated with your account for any reason (including expiration or insufficient funds), you remain responsible for any uncollected amounts, and Postscript may attempt to charge your Payment Method again, including charging your Payment Method following any updates to your Payment Information.

4.6 Refunds. TO THE EXTENT PERMITTED BY LAW, YOUR PURCHASE IS FINAL AND POSTSCRIPT HAS NO OBLIGATION TO ISSUE A REFUND. IF YOU CANCEL OR CHANGE YOUR SUBSCRIPTION AS PERMITTED IN THIS SECTION, YOU WILL BE RESPONSIBLE FOR ALL FEES INCURRED IN CONNECTION WITH ANY PERIOD IN WHICH YOUR SUBSCRIPTION WAS ACTIVE, INCLUDING THE THEN-CURRENT SUBSCRIPTION PERIOD. Without limiting the foregoing, if something unexpected happens in the course of completing a transaction, Postscript reserves the right to cancel that transaction for any reason. If Postscript cancels a transaction, Postscript will refund any payment you have already remitted to us for that transaction. Postscript recognizes that exceptional situations may occur, and Postscript reserves the right to issue refunds in Postscript’s sole discretion.

4.7 Late Payments. Late payments of Fees will accrue interest at the rate of one and a half percent (1.5%) of the outstanding balance per month, or the maximum rate permitted by law, whichever is lower, from the date such payment was due until the date paid. If your Payment Method is declined and you fail to resolve the issue within five (5) business days after Postscript informs you, your payment will begin to accrue interest under this Section. If Postscript must initiate a collections process to recover unpaid Fees, then Postscript will be entitled to recover from Customer all costs of such collections process, including reasonable attorney’s fees.

4.8 Taxes. The Fees do not include Taxes. You are responsible for paying all Taxes associated with your use of the Postscript Services. If Postscript has the legal obligation to pay or collect Taxes for which you are responsible, then Postscript will invoice you and you will pay for that amount, unless you provide Postscript with a valid tax exemption certificate authorized by the appropriate taxing authority. For clarity, Postscript is solely responsible for Taxes assessable against Postscript based on its income, property, and employees.

4.9 Free Trial. Postscript may make certain Postscript Services available to you for evaluation purposes free of charge. Such free trial is subject to any terms and conditions communicated to you at the time you initiate the free trial, including any limitations on total messaging or other features. Eligibility for a free trial will be determined by Postscript in its sole discretion, and free trials may only be used once per Customer. Unless otherwise set forth in a Service Order, Postscript may terminate a free trial at any time in its sole discretion. You acknowledge and agree that, at the end of your free trial, your subscription will automatically renew into a paid subscription as set forth in your account. If you cancel your subscription before the end of the free trial, your subscription will not renew and you will not be charged for a paid subscription.

4.10 Billing Disputes. If you would like to dispute any invoice or charge received from Postscript, you must provide Postscript with written notice within fourteen (14) days of delivery of the relevant invoice or billing statement. If you fail to notify Postscript of a billing issue or dispute as required under this Section, you waive your right to such dispute. Any billing dispute is further governed by Section 12 (Dispute Resolution).


5. Intellectual Property Rights

5.1 License to Use the Postscript Services. Subject to these Terms, Postscript grants you a limited, revocable, personal, non-sublicensable, non-transferable, non-exclusive license to use the Postscript Services solely for your own marketing and promotional activities, and solely in the manner permitted under these Terms. This license will immediately terminate upon termination of your account or these Terms.

5.2 License to Customer Data. Customer grants Postscript a non-exclusive, non-transferable (except as set forth in Section 13.3 (Assignment)), worldwide, royalty-free license to host, copy, process, transmit, and otherwise use Customer Data for the purpose of providing and improving the Postscript Services and as otherwise expressly permitted under these Terms.

5.3 Marketing and Publicity Rights. Postscript may use your name and logo to identify you as a Postscript customer in Postscript marketing and promotional materials, including on the Postscript website and in case studies. In addition, Postscript may use examples of messages and other marketing content from you or your End Users in Postscript’s marketing and promotional materials, provided that such examples could not reasonably be used to identify any End User. If you object to a particular use of your name or branding and notify Postscript in writing, Postscript will use commercially reasonable efforts to accommodate your requests to change or remove the relevant use. Any use of your name and marks will inure to your benefit.

5.4 Reservation of Rights. Postscript owns all right, title, and interest, including all Intellectual Property Rights, in and to the Postscript Services and all other Postscript products, services, and marks and branding. As between you and Postscript, you own all right, title, and interest, including all Intellectual Property Rights, in and to your Customer Data. Except as expressly set forth in these Terms, no rights are granted in or to either party’s Intellectual Property Rights.

5.5 Feedback. You hereby grant Postscript a perpetual, irrevocable, worldwide, royalty-free license to use any feedback, analysis, suggestions, or comments related to the Postscript Services for any purpose, including to provide and improve the Postscript Services, without any compensation or credit to you.

6. Customer Data

6.1 Compliance of Customer Data with Applicable Laws. You will only upload, transmit, store, and otherwise process Customer Data in connection with the Postscript Services if: (a) such activities comply with all Applicable Laws and CTIA Policies; (b) all consents required by Applicable Laws and CTIA Policies have been obtained by you or on your behalf; and (c) you have all other rights, permissions, and consents required for your and Postscript’s use of Customer Data as contemplated by these Terms and any relevant Service Order. With respect to any Subscriber List or portion of a Subscriber List collected or obtained outside of the Postscript Services, Postscript may require that you certify and provide supporting materials that such Subscriber List was collected in compliance with Applicable Laws and CTIA Policies before it is uploaded or used in connection with the Postscript Services. You will implement all opt out requests of End Users (including requests received by email, integration partners, or other channels), and you will immediately convey any such opt out requests to Postscript. In addition, you will maintain an internal “do not call” list documenting all End Users who have opted out of your marketing. If you determine that an End User opt out request was not immediately provided to Postscript, you will notify Postscript and promptly provide all details and logs reasonably requested by Postscript. Postscript may unsubscribe or opt out End Users from a Subscriber List if Postscript determines in its sole discretion that there is a legal or other risk to Postscript, carriers, other Postscript customers, or End Users.

6.2 Data Processing Agreement. The Postscript DPA is incorporated by reference into these Terms, and governs all processing of personal data in connection with your use of the Postscript Services.

6.3 Retention of Customer Data. After your account is terminated or you otherwise stop using the Postscript Services, Postscript may retain Customer Data as long as required to comply with Applicable Laws and CTIA Policies. Provided such termination was not due to your breach of these Terms or a Service Order, you may contact Postscript support within thirty (30) days following termination and Postscript will provide reasonable assistance in obtaining a copy of your Subscriber Lists from Postscript’s systems. Notwithstanding anything in this Section or otherwise, Postscript has no obligation to store or backup your Customer Data following termination of your account, and you are solely responsible for backing up your Customer Data.

6.4 Prohibited Data. Customer Data may not include any of the following categories of data, and you will not upload, transmit, store, or otherwise process any data in connection with the Postscript Services in violation of this Section: (a) sensitive personal information as defined under the California Privacy Rights Act (CPRA) or other Applicable Laws; (b) personal health information as defined under the Health Insurance Portability and Accountability Act (HIPAA) or Health Information Technology for Economic and Clinical Health Act; (c) personal information of children as defined under the Children’s Online Privacy Protection Rule (COPPA) or similar Applicable Laws related to children’s privacy and data; (d) nonpublic personal information subject to the Gramm-Leach-Bliley Act (GLBA) or similar Applicable Laws related to financial privacy and data; and (e) government identifiers that uniquely identify a natural person such as a social security number or passport number. The Postscript Services are not intended for processing any of the foregoing prohibited data categories.


7. Confidential Information

7.1 Protection of Confidential Information. Each party agrees to maintain Confidential Information in confidence and not to disclose it or any portion of it, except to its employees, consultants, and Affiliates who have a need to know such Confidential Information and are bound by obligations of confidentiality similar to these Terms. Each party will use the same care and discretion to avoid disclosure, publication, or dissemination of the Confidential Information as it uses with its own confidential or proprietary information, but in no event less than reasonable care. Each party may only use the Confidential Information of the other party to perform its obligations and exercise its rights under these Terms. Neither party will have liability to the other with regard to any Confidential Information that is required to be disclosed by law or court order, provided that the party that received the Confidential Information (“receiving party”) will provide reasonable advance notice (to the extent legally permitted) to enable the party that provided the Confidential Information (“disclosing party”) to seek a protective order or otherwise prevent such disclosure.

7.2 Exclusions. Notwithstanding anything else, Confidential Information will not include any information that the receiving party can demonstrate: (a) at the time of disclosure is publicly available or becomes publicly available through no act or omission of the receiving party; (b) has been disclosed to the receiving party by a third party who is not under, and to whom the receiving party does not owe, an obligation of confidentiality with respect thereto; or (c) has been independently acquired or developed by the receiving party without use of the Confidential Information of the disclosing party.


8. Representations and Warranties

8.1 Mutual Warranties. Each party represents and warrants that: (a) it has the right, power, and authority to enter into these Terms and any relevant Service Order; and (b) entering these Terms and the performance of the obligations and duties hereunder does not and will not violate any agreement to which it is a party or is otherwise bound.

8.2 Customer Warranties. Customer represents and warrants that: (a) Customer will comply with all Applicable Laws and CTIA Policies in connection with its use of the Postscript Services, including sending text messages and conducting marketing and promotional activities; (b) Customer Data will not violate any third-party Intellectual Property Rights; and (c) Customer has all rights, permissions, and consents required to upload, transmit, store, and otherwise process Customer Data in connection with its use of the Postscript Services, and to grant Postscript the rights expressly set forth in these Terms.

9. Indemnification

9.1 Customer Indemnification. To the fullest extent permitted by Applicable Law, you will indemnify, hold harmless, and defend at your expense, Postscript, as well as its Affiliates, suppliers, licensors, and service providers, and any of their respective officers, directors, employees, contractors, agents, and Affiliates, from any and all third-party claims, actions, proceedings, and suits brought against any of the foregoing indemnified parties, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including reasonable attorneys' fees and other litigation expenses), or other losses incurred by the indemnified parties, arising out of or relating to: (a) your breach of these Terms, including any use of the Postscript Services in violation of these Terms; (b) your violation of Applicable Laws, CTIA Policies, or any third-party Intellectual Property Rights in connection with the Postscript Services; (c) Customer Data that is uploaded, transmitted, stored, or otherwise processed by you or on your behalf in connection with the Postscript Services; and (d) your Messaging Terms. You will not compromise or settle any indemnified claim in any manner, nor make any admission of liability, without Postscript’s prior written consent, which Postscript may provide in its sole discretion. Postscript reserves the right, at its own expense, to participate in the defense and control of any matter subject to indemnification by you; provided, however, that if Postscript reasonably determines that Customer is unwilling or unable to defend Postscript or another indemnified party’s interests, then Postscript may assume the defense against any claims at Customer’s sole expense.

9.2 Carrier Fines. Notwithstanding anything to the contrary in these Terms, Customer agrees that if Postscript is fined by a carrier or regulatory body as a result of Customer’s failure to comply with Applicable Laws or CTIA Policies, Postscript may charge Customer for, and Customer will pay, the amount of such fine.

10. Disclaimer of Warranties; Limitation of Liability

THE TERMS OF THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW:

10.1 DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH IN SECTION 8 (REPRESENTATIONS AND WARRANTIES), THE POSTSCRIPT SERVICES ARE PROVIDED “AS IS”, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF ANY COURSE OF DEALING OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING, CUSTOMER MAY NOT RELY UPON THE PROVISION OF THE DYNAMIC HOSTED MESSAGING TERMS OR ANY OTHER TEMPLATES, GUIDANCE, CONTENT, OR ADVICE VIA THE POSTSCRIPT SERVICES AS A REPRESENTATION THAT THE DYNAMIC HOSTED MESSAGING TERMS OR SUCH OTHER MATERIALS ARE SUFFICIENT FOR CUSTOMER’S PURPOSES OR MEET CUSTOMER’S OBLIGATIONS UNDER APPLICABLE LAWS. POSTSCRIPT MAKES NO WARRANTY THAT THE POSTSCRIPT SERVICES WILL ALWAYS BE UNINTERRUPTED, ACCURATE, SECURE, OR ERROR-FREE, OR THAT THE POSTSCRIPT SERVICES WILL MEET YOUR REQUIREMENTS. POSTSCRIPT TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR CUSTOMER DATA, OR LOSS OF DATA OR DAMAGE TO YOUR COMPUTER OR OTHER SYSTEMS THAT RESULTS FROM YOUR USE OF THE POSTSCRIPT SERVICES. CUSTOMERS ARE SOLELY RESPONSIBLE FOR BACKING UP CUSTOMER DATA.

10.2 LIMITATION OF LIABILITY. POSTSCRIPT AND ITS AFFILIATES WILL HAVE NO LIABILITY FOR YOUR LOST REVENUES OR PROFITS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE POSTSCRIPT SERVICES PROVIDED OR HOSTED BY POSTSCRIPT OR ITS AFFILIATES, OR OTHERWISE IN CONNECTION WITH THESE TERMS, EVEN IF POSTSCRIPT OR ITS AFFILIATES HAVE BEEN ADVISED OF, KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. POSTSCRIPT AND ITS AFFILIATE’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE POSTSCRIPT SERVICES OR THESE TERMS WILL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE INITIAL EVENT GIVING RISE TO LIABILITY HEREUNDER.

10.3 Third-Party Disputes. Postscript has no responsibility or liability for any dispute between a Customer and its End Users. Postscript will have no liability for any damages of any kind, under any theory of law, that relate to a Customer’s relationship with its End Users, even if Postscript has been advised of the possibility of such damages.

11. Termination

11.1 Termination by Postscript. Unless otherwise expressly set forth in a Service Order, Postscript may immediately limit, terminate, or suspend your access to the Postscript Services, or terminate these Terms, without notice, for any reason, at any time, without liability to you, and at Postscript’s sole discretion. 

11.2 Termination for Breach. Without limiting Section 11.1 (Termination by Postscript) and notwithstanding anything to the contrary, Postscript may terminate or suspend your right to use the Postscript Services or these Terms at any time, with or without prior notice and without liability to you, if Postscript determines in its sole discretion that: (a) you are in breach of your payment obligations under these Terms or a Service Order; (b) you fail to provide up-to-date Payment Information and a valid Payment Method and Postscript is unable to charge you for any Fees due and payable to Postscript; (c) a carrier or third-party aggregator of carrier services prohibits or restricts Postscript from providing the Postscript Services to you, including if a carrier determines that you have violated the carrier’s content policies; (d) your use of the Postscript Services poses a security or legal risk to Postscript or its other customers; (e) you have filed for bankruptcy, you are dissolving your business, or you are engaging in a similar legal process; or (f) your account is inactive and you do not have a Service Order in effect. If your account is terminated by Postscript under this Section, Postscript may also terminate any relevant Service Orders then in effect.

11.3 Consequences of Termination. Upon termination of these Terms or your account, all rights and licenses granted to you by Postscript hereunder will immediately terminate, and you will immediately cease use of the Postscript Services and return or destroy all Confidential Information of Postscript in your possession or control. In addition, all Fees owed pursuant to Section 4 (Fees and Payment Terms) will become immediately due and payable. Following termination of these Terms, your account, or your access to the Postscript Services, or if your account is inactive and you do not have a Service Order in effect, Postscript may release any toll-free number, dedicated short code, long code, or similar messaging identifier leased or operated on your behalf in connection with the Postscript Services.

11.4 Survival. This Section and any Sections which by their nature are intended to survive, will survive termination, including: 3 (Use of the Postscript Services), 4 (Fees and Payment Terms), 5.3 (Marketing and Publicity Rights), 5.4 (Reservation of Rights), 5.5 (Feedback), 6.3 (Retention of Customer Data), 7 (Confidential Information), 8 (Representations and Warranties), 9 (Indemnification), 10 (Disclaimer of Warranties; Limitation of Liability), 12 (Dispute Resolution), and 13 (General).

12. Dispute Resolution

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE CLAIM OR ACTION IN ARBITRATION AND LITIGATION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR POSTSCRIPT WOULD HAVE IN COURT, SUCH AS APPELLATE REVIEW, ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

12.1 Binding Individual Arbitration. In the event that there is a dispute, claim, or controversy between you and Postscript or any other third-party service provider acting on Postscript’s behalf, arising out of or relating to federal or state statutory claims, common law claims, these Terms, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate (“Dispute”), such Dispute will be, to the fullest extent permitted by law and applicable rules, determined by arbitration before one arbitrator, provided, however, that no party will be precluded from seeking remedies in small claims court for disputes or claims within the scope of its jurisdiction. Whether a Dispute falls within the jurisdictional limits of small claims court is for the small claims court to decide. This clause will not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

12.2 Disputes. Dispute will be given the broadest possible meaning permitted by law. It includes, but is not limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms and Conditions (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of a purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms or any Service Order. Dispute, however, does not include disagreements or claims concerning patents, copyrights, trademarks, trade secrets, or other intellectual property, and claims of piracy or unauthorized use of intellectual property. The arbitrator will decide all issues that relate to the scope, validity, and enforceability of these Terms. You and Postscript agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and U.S. federal arbitration law and not state arbitration law.

12.3 Mandatory Informal Dispute Resolution Process. If you and Postscript have a Dispute, you and Postscript agree to make a good faith effort to informally resolve it. The party initiating the Dispute must send a written notice to the other party that describes the Dispute. The notice must include all of this information: (a) the initiating party's contact information (including name, address, telephone number, and email address) (with their counsel's contact information, if represented); (b) sufficient information to enable the other party to identify any phone number(s), transaction(s), or account(s) at issue; and (c) a detailed description of (1) the Dispute, (2) the nature and basis of the claims, and (3) the nature and basis of the relief sought, with a detailed calculation for such relief. The notice must be personally signed by the party initiating the Dispute (and their counsel, if represented). For a period of sixty (60) days from receipt of a completed notice (which can be extended by agreement of the parties), the parties will negotiate in good faith in an effort to informally resolve the Dispute. To this end, the party receiving the notice may request a telephone or video settlement conference to aid in the resolution of the Dispute. The conference will be scheduled for a mutually convenient time, which may be outside of the 60-day period. If the Dispute is not resolved within sixty (60) days after receipt of a completed notice (which period can be extended by agreement of the parties), you or Postscript may commence a formal dispute resolution proceeding consistent with the process set forth below. Compliance with and completion of this Mandatory Informal Dispute Resolution Process ("Process") is a condition precedent to you or Postscript commencing any formal dispute resolution proceeding in arbitration or small claims court. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed notice through the conclusion of this Process. Notwithstanding the foregoing and anything to the contrary, the Mandatory Informal Dispute Resolution Process is not a prerequisite to Postscript initiating claims related to nonpayment of Fees or invoices owed to Postscript. If the sufficiency of a notice or compliance with this Process is at issue, such issue may be raised with and decided by a court at either party's election, and any formal dispute resolution proceeding will be stayed pending resolution of the issue. A court of competent jurisdiction will have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of a demand for arbitration. Nothing in this section limits the right of a party to raise the sufficiency of a notice or compliance with this Process or to seek damages for non-compliance with this Process in arbitration, including with a Process Arbitrator. You or Postscript may commence arbitration only if the Dispute is not resolved through compliance with this Process.

12.4 Arbitration Proceedings and Rules. The following rules and procedures will apply:

  • Any arbitration will be administered by New Era ADR in accordance with their Virtual Expedited Arbitration Rules and Procedures, as well as any applicable General Rules and Procedures, except as modified by the Terms. New Era ADR’s Virtual Expedited Arbitration Rules and Procedures and General Rules and Procedures are both available at www.neweraadr.com/rules-and-procedures/. Please review these procedures carefully because they may impact how your complaint is handled and these procedures differ from those that would otherwise apply if you elected to pursue your claim individually in small claims court.

  • When you initiate arbitration, you may be required to pay New Era’s filing fee and other fees or expenses charged by New Era ADR. You are responsible for fees and expenses owed to your legal counsel, if any, unless the arbitrator determines that an award of attorneys’ fees is warranted under applicable law.

  • If any provision of these Terms is deemed by an arbitrator not to comply with the Minimum Fairness Standards published by New Era ADR and available at https://www.neweraadr.com/ then the Minimum Fairness Standards should be deemed to be incorporated by reference and any offending provision will be deemed unenforceable.

  • The arbitrator will be selected pursuant to New Era ADR's standard rank and strike process, as set forth in New Era ADR's General Rules and Procedures.

  • Except as otherwise provided herein, the arbitrator will apply the substantive laws of Delaware, without regard to its conflict of laws rules.

  • By signing the demand for arbitration, a party (and their counsel, if represented) certifies that they have complied with: (a) the Dispute Resolution provisions of these Terms; and (b) all of the requirements of Federal Rule of Civil Procedure 11(b), including that the claims and relief sought are neither frivolous nor brought for an improper purpose. The arbitrator is authorized to award any relief or impose any sanctions available under Federal Rule of Civil Procedure 11 or applicable federal or state law against all represented parties and counsel as a court would.

  • The arbitrator may award any relief or remedy that would be available in a court of law, including attorneys’ fees and punitive damages where permitted by statute and is permitted to apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award.

  • The arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions. 

  • Notwithstanding anything contained in the New Era ADR rules, the decision of the arbitrator will be final and binding on both parties, but either party will have rights of appeal expressly provided in section 10 of the Federal Arbitration Act (the “FAA”).

  • Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right.

12.5 No class actions or juries. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE TERMS OR ANY SERVICE ORDER, YOU AND POSTSCRIPT ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION IN COURT AND THAT THESE TERMS AND ANY SERVICE ORDER WILL BE SUBJECT TO AND GOVERNED BY THE FAA. The parties agree to arbitrate solely on an individual basis, and this arbitration agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding EXCEPT as provided in these Terms.

12.6 Invalidity and Survivability. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability will not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision will survive any cancellation or termination of these Terms or your use of the Postscript Services.

12.7 Future Changes to Dispute Resolution Section. Notwithstanding any provision to the contrary, you and Postscript agree that if Postscript makes any future changes to this arbitration agreement (other than a change to the mailing or email address), you may reject any such change by sending us written notice personally signed by you within thirty (30) days of the change to Postscript at Stodge Inc. d/b/a Postscript, ATTN: Legal Department, 3370 N Hayden Road, Suite 123-251, Scottsdale AZ 85251, with a copy via email to legal@postscript.iot. The written notice must include the following information: (a) your name, address, phone number, and email address and (b) a statement that you wish to opt out of changes to the arbitration agreement. Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change to the arbitration agreement, you are agreeing that you will arbitrate any Dispute between us in accordance with the language of this version of the arbitration agreement.

13. General

13.1 Entire Agreement. These Terms together with any relevant Service Order represent the entire agreement between Customer and Postscript regarding your use of the Postscript Services, and supersede and replace any and all prior written or oral understandings or agreements between Customer and Postscript regarding your use of the Postscript Services. To the extent these Terms conflict with a Service Order, these Terms will govern, unless the Service Order expressly states that a relevant term will supersede. All Service Orders for the purchase of Postscript Services are subject to these Terms unless expressly set forth otherwise in the Service Order. Any terms or conditions proposed by Customer in any Customer-issued order form or similar document which are different from or in addition to these Terms will be deemed rejected by Postscript and will be null and of no effect. Except as otherwise set forth in these Terms, these Terms and any relevant Service Order may only be modified or amended by a writing signed by authorized representatives of both Postscript and Customer.

13.2 Notice. Any notice required or permitted to be made under these Terms will be in English and in writing. Notice will be deemed to have been fully given and received: (a) when delivered personally; (b) five (5) business days after having been sent by registered or certified mail, return receipt requested, postage prepaid; (c) one business day after deposit with a commercial overnight carrier, with written verification of such receipt; or (d) to the extent email notice is expressly permitted in these Terms, when delivered. All notices to Customer may be made to the mailing or email address associated with Customer’s account or as set forth in a relevant Service Order. Postscript may also provide notices or messages about the Postscript Services or these Terms by posting to the Postscript website. All notices to Postscript will be made to: Stodge Inc. d/b/a Postscript, ATTN: Legal Department, 3370 N Hayden Road, Suite 123-251, Scottsdale AZ 85251, with a copy via email to legal@postscript.io. 

13.3 Assignment. You may not assign or transfer any of your rights or obligations under these Terms without Postscript’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. Postscript may freely assign or transfer any of its rights or obligations under these Terms without restriction; provided, however, that the Postscript Services will continue to operate as specified in these Terms. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

13.4 Governing Law. These Terms will be governed by and construed under the Federal Arbitration Act, federal arbitration law, and the laws of the State of Delaware without regard to its conflict of laws principles. Except as otherwise set forth in Section 12 (Dispute Resolution), the exclusive jurisdiction for all disputes that you and Postscript are not required to arbitrate will be the state and federal courts located in Phoenix, Arizona, and you and Postscript agree to waive all rights to challenge the foregoing.

13.5 Severability. If any term or condition of these Terms is declared illegal or otherwise unenforceable, such provision will be changed and interpreted to accomplish the objectives of the provision to the greatest extent possible under Applicable Laws and the validity or enforceability of any other provision of these Terms will not be affected.

13.6 No Waiver. Postscript’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Postscript. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

13.7 Force Majeure. Without limiting any other provision in these Terms, Postscript is not responsible or liable to Customer for delay or failure to perform its obligations in the event that any of Postscript’s operations or activities are affected by any cause or event beyond the sole and reasonable control of Postscript (as determined by Postscript in its sole discretion), including, without limitation, by reason of any acts of God, equipment failure, threatened or actual terrorist acts, air raid, act of public enemy, war (declared or undeclared), civil disturbance, insurrection, riot, epidemic, pandemic, fire, explosion, earthquake, flood, hurricane, unusually severe weather, blackout, internet service failure, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, any law, rule, regulation, action, order, or request adopted, taken, or made by any governmental or quasi-governmental entity (whether or not such governmental act proves to be invalid), or any other cause, whether or not specifically mentioned above.

13.8 Independent Contractors. Neither you nor Postscript will be deemed an agent of the other, and the relationship between you and Postscript is that of independent contractors.

13.9 No Third-Party Beneficiaries. These Terms are for the sole benefit of you and Postscript and its Affiliates, and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms. Except for Customer and Postscript and its Affiliates, no third party shall have any right to enforce any provision of these Terms or to assert any claim against either party arising out of or relating to these Terms.

13.10 Export Control. You acknowledge that the Postscript Services may be subject to U.S. export control laws and regulations, including the Export Administration Regulations (“EAR”) and economic sanctions programs administered by the Office of Foreign Assets Control (“OFAC”). You represent and warrant that you are not (a) located in, or a resident or national of, any country subject to a U.S. government embargo or that has been designated by the U.S. government as a "terrorist supporting" country; (b) listed on any U.S. government list of prohibited or restricted parties, including the Specially Designated Nationals List or the Denied Persons List; or (c) engaged in any activities prohibited under applicable export control and sanctions laws. You agree to comply with all applicable export control and sanctions laws and regulations in your use of the Postscript Services and will not use the Postscript Services in violation of such laws and regulations.

13.11 Support. For Customer support, please email support@postscript.io.

Professional Services Addendum

This Addendum governs your use of Professional Services, and is incorporated into and supplements the Terms. By entering a Service Order for Professional Services, you accept and agree to be bound by this Addendum.

A. Performance of the Professional Services. By signing a Service Order for Professional Services, Customer appoints Postscript as its agent and directs Postscript to perform the relevant Professional Services. Customer is responsible for all Customer instructions and materials provided to Postscript, including brand guidelines, product descriptions and specifications, marketing copy, and directions to send campaigns or set up automations. Customer remains responsible for all obligations related to Customer Data under these Terms, including Section 3 (Use of the Postscript Services), Section 6 (Customer Data), and Section 8 (Representations and Warranties).

B. Customer Obligations. Customer will cooperate with Postscript and timely respond to Postscript’s reasonable requests as required for Postscript to perform the Professional Services. Customer acknowledges and agrees that Customer’s failure to provide required materials or responses will relieve Postscript of any obligations dependent on Customer’s cooperation, including any delays in the performance of Professional Services, onboarding, launches, or go-live dates. Postscript may require use of the Dynamic Hosted Messaging Terms as a condition to Postscript’s performance of the Professional Services.

C. Generic Content. Postscript may use or create generic templates, copy, and assets that are not specific to Customer, including phrases and calls to action widely used in industry (“Generic Content”). For clarity, nothing in these Terms or this Professional Services Addendum prevents or limits Postscript from using Generic Content for any purpose, including providing Professional Services to other Postscript customers.

Fondue Services Addendum

This Addendum governs your use of Fondue Services, and is incorporated into and supplements the Terms. Capitalized terms used in this Fondue Addendum but not otherwise defined within these Terms will have the meaning set forth in the Fondue Reward Program Terms and Conditions (“Fondue Reward Program Terms”).


A. Customer and End User Due Diligence. Anti-money laundering and counter-terrorism financing laws require that: (a) Postscript collects and verifies identifying information related to merchants who use the Fondue Services; and (b) End Users complete a due diligence check to qualify for certain Rewards. Before activating your account, Postscript will ask for information to identify your business, including your legal entity name, business address, EIN, and information about your beneficial owners, including name, address, date of birth, social security number, and other information that will allow Postscript to identify your beneficial owners. Postscript’s data processing activities related to such information are subject to the Postscript Privacy Policy. You agree to cooperate with Postscript and provide all records and information required by Postscript for the purpose of merchant due diligence and compliance with Applicable Laws. You will provide all records and information from End Users required by Applicable Laws or by Postscript in connection with redemption of a Reward. You will implement reasonable controls and monitoring to prevent fraudulent or unlawful use of your Reward Program by End Users.

B. Fondue Reward Program Terms. Customer acknowledges and agrees that all End Users must accept the Fondue Reward Program Terms and Conditions available at https://www.getfondue.com/terms-of-service, as updated from time to time (“Fondue Reward Program Terms”) in order to take part in any Reward Program, and that the Fondue Reward Program Terms will govern the operation of your Reward Program. Postscript administers your Reward Program at your direction, subject to Applicable Laws and any requirements set forth by Postscript. You acknowledge and agree that you are solely responsible for your Reward Program, including the fulfillment of all offers and Rewards in accordance with the Fondue Reward Program Terms. You represent and warrant that you will comply with all Applicable Laws in connection with your operation of a Reward Program and use of the Fondue Services. 

C. Additional Rewards Terms. Some Postscript customers may present additional terms and conditions, in connection with the Fondue Services (“Additional Rewards Terms”), including minimum order value or purchase categories to qualify for an incentive, limitations on combining multiple rewards or offers, and return and cancellation policies, in each case subject to limitations by Postscript in its sole discretion. You acknowledge and agree that Postscript will have no responsibility or liability in connection with any Additional Rewards Terms except as set forth in these Terms and the Fondue Reward Program Terms. You represent and warrant that your Additional Rewards Terms will not conflict with the Fondue Reward Program Terms, and will be clearly and conspicuously disclosed in connection with any offer or incentive related to your use of the Fondue Services. You agree that in any case of conflict between the Additional Rewards Terms and either these Terms or the Fondue Reward Program Terms, these Terms or the Fondue Reward Program Terms control, as appropriate.

D. Customer Materials. “Customer Materials” means any public-facing marketing or other materials related to your use of the Fondue Services, including pop-ups, email and social media marketing, FAQs, and your website. You acknowledge and agree that you will comply with all marketing guidelines and any other documentation provided by Postscript related to Customer Materials. You will reimburse Postscript for any fines or penalties that Postscript may incur that directly result from your breach of your obligations with respect to Customer Materials.

E. Offboarding. You agree to comply with all Postscript requirements for offboarding from the Fondue Services. Following the date you terminate your use of the Fondue Services, solely for the purpose of offboarding, you will maintain an active account and implementation of the Fondue Services for six (6) months. You acknowledge and agree that you will remain responsible for fulfilling Rewards for all End Users who become eligible for a Reward in connection with your Reward Program before you terminate your use of the Fondue Services.

Postscript AI Addendum

This Addendum governs your use of Postscript AI, and is incorporated into and supplements the Terms. 

A. Input. “Input” means Customer Data submitted to Postscript AI by you or your End Users, including: (a) product details and catalogues, brand guidelines, marketing materials, or other information uploaded to the Postscript Brand Center; (b) control or inspiration messages; and (c) End User responses to Postscript AI messages. If you provide links to brand content on your website, Postscript may use web crawlers to collect your product data. Subject to any explicit rights granted under the Terms or this Addendum, as between you and Postscript, you retain all rights, title, and interest in and to your Input. You represent and warrant that you have all rights, consents, and permissions required to submit Input to Postscript AI and for Postscript to carry out its obligations under these Terms. You will only submit Input that complies with: (i) all obligations for Customer Data under these Terms; (ii) all Applicable Laws; and (iii) any product-specific restrictions for relevant Postscript AI features and services, as updated by Postscript from time to time (e.g. restricted product categories such as supplements or medical devices). 


B. Output. “Output” means responses to Inputs generated by Postscript AI and delivered to Customer or its End Users, including Postscript AI message variants generated by Infinity Testing, and Shopper messages and responses. As between you and Postscript, and to the extent permitted by Applicable Laws, you own all rights in and to your Output. Subject to your compliance with these Terms, Postscript hereby assigns to you all Postscript’s right, title, and interest, if any, in and to your Output. You acknowledge and agree that, due to the nature of Postscript AI, Output may not be unique and other customers and their End Users may receive similar Output from Postscript AI. Responses that are requested by and generated for other customers and their End Users are not considered your Output, and you are not granted or assigned any rights in such Output under these Terms. You must obtain consent from an End User to receive AI generated messages before sending Postscript AI messages to that End User. Postscript may require use of the Dynamic Hosted Messaging Terms as a condition to access or use certain Postscript AI features and services. 

C. Restrictions. You will not, and will not allow or encourage any third party to, directly or indirectly:

  • Use any Output relating to a person for any purpose that could have a legal or material impact on that person, such as making credit, educational, employment, housing, insurance, legal, medical, or other important decisions about them.

  • Use Postscript AI in connection with the provision of legal, medical, health, or financial advice.

  • Represent to End Users that Output was human-generated when it was not.

  • Disable, bypass, or ignore any filtering or safety features provided by Postscript, including prompts or requests for human review or verification.

  • Submit Input that violates Applicable Laws, CTIA Policies, the Postscript Content Policy, or Postscript’s requirements for use of the relevant feature or service.

  • Automatically or programmatically extract data or Output.

D. Disclaimers. Postscript AI may use generative artificial intelligence to produce Output. Certain Postscript AI features are “agentic”, which means that they automate actions on your behalf. Postscript implements technical and procedural safeguards in developing and operating Postscript AI that are designed to produce Outputs and agentic actions that assist you and your End Users. However, due to the nature of AI technology, use of Postscript AI may result in Outputs and agentic actions that are not accurate, complete, suitable for your purposes, or as intended. You must evaluate whether Output and agentic actions are appropriate for your use, including by using your own human review as needed. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR YOUR INPUT, OUTPUT, AND ALL ACTIONS AND RESULTS OF POSTSCRIPT AI’S AGENTIC FEATURES. POSTSCRIPT HAS NO LIABILITY FOR YOUR USE OF OUTPUT OR THE RESULTS OF ANY AGENTIC ACTIONS.

E. Postscript’s Data Rights. You acknowledge and agree that Postscript may use Inputs and Outputs internally to: (a) provide, maintain, develop, and improve Postscript AI and other Postscript Services; (b) comply with Applicable Laws and fulfill Postscript’s legal obligations; (c) enforce Postscript’s terms and policies; (d) prevent fraud and abuse of the Postscript Services; (e) for debugging and testing; and (f) for security purposes and to protect the integrity of the Postscript Services. Any use of personal data in connection with Postscript AI is subject to the Postscript DPA.