Terms of Service

The terms that govern your access to and use of Unity Messaging.

Unity Messaging Terms of Service

Effective Date: March 31, 2026

These Terms of Service ("Terms") govern your access to and use of the Unity Messaging platform and related services (collectively, the "Service") operated by Tomorrow's Computing Solutions, LLC ("Company," "we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms.

If you do not agree to these Terms, do not access or use the Service.

1. Eligibility

You must be at least 18 years old and capable of forming a binding contract to use the Service. By using the Service, you represent and warrant that you meet these requirements.

You may use the Service only on your own behalf or on behalf of a business or organization that has authorized you to act on its behalf.

2. Description of Service

Unity Messaging is a communications platform that allows users to send communications to their own audience, including:

  • Email messages
  • SMS and MMS text messages
  • Pre-recorded or generated voice calls

The Service may also allow you to upload contact lists, store message templates and recorded messages, and view delivery and analytics logs.

The Service is provided solely as a technology platform and passive conduit. The Company does not create, originate, review, approve, control, or monitor the content of your communications except as necessary to enforce these Terms or comply with applicable law.

3. Account Registration and Security

You are responsible for maintaining the confidentiality of your account credentials and for all activity occurring under your account.

You agree to:

  • Provide accurate, complete, and current information;
  • Keep your login credentials secure;
  • Notify us immediately of any unauthorized access or security breach;
  • Use only one account per individual or organization unless expressly authorized by the Company.

Sub-accounts, shared accounts, and account transfers are prohibited unless expressly authorized by the Company.

You are fully responsible for all actions taken through your account, whether or not authorized by you.

4. Subscription Terms and Automatic Renewal

The Service is offered on a subscription basis. You may choose annual billing (billed once per year) or monthly billing (billed each month), as offered at checkout or in your account.

By purchasing a subscription, you authorize the Company to automatically charge your payment method for the applicable subscription fees on a recurring basis (annual or monthly, depending on your selected plan) unless you cancel through the Service before the start of the next renewal term.

YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW ON EACH BILLING DATE WITHOUT FURTHER NOTICE.

You may cancel your subscription at any time through the platform. Cancellation will take effect at the end of your then-current subscription term. You will continue to have access to the Service until the end of the paid term.

No refunds, partial refunds, credits, or prorated reimbursements will be provided for:

  • Early cancellation;
  • Unused time;
  • Suspension or termination for violation of these Terms;
  • Service interruptions, outages, delivery failures, or carrier filtering.

We reserve the right to change pricing at any time. Any price changes will apply beginning with your next renewal term.

5. Unlimited Messaging and Abuse Review

The Service may be marketed or described as providing "unlimited messaging." "Unlimited messaging" is subject to reasonable use and compliance with these Terms.

Accounts that send more than ten (10) unique notification campaigns, broadcasts, or message variants within any calendar month may be reviewed for abuse, excessive use, prohibited activity, or non-standard commercial usage.

Following review, we may, in our sole discretion:

  • Restrict or limit usage;
  • Require migration to a different plan;
  • Suspend or terminate the account;
  • Refuse to renew the subscription.

Our determination of abuse or excessive use shall be final and binding.

6. User Responsibility for Content and Compliance

You are solely responsible for:

  • All content, files, contact lists, recordings, and communications transmitted through the Service;
  • The legality, accuracy, and appropriateness of your communications;
  • Obtaining and maintaining all required permissions and consents;
  • Ensuring that all communications comply with applicable laws.

You represent and warrant that:

  • You own or have the legal right to use all contact information, content, recordings, and other materials uploaded to the Service;
  • You have obtained all necessary permissions and consent from recipients;
  • Your use of the Service does not violate any law, regulation, or third-party right.

7. TCPA, CAN-SPAM, and Communications Compliance

You acknowledge and agree that you are solely responsible for compliance with all applicable laws governing communications initiated through the Service, including but not limited to:

  • The Telephone Consumer Protection Act (TCPA);
  • The Telemarketing Sales Rule (TSR);
  • CAN-SPAM;
  • State and federal Do Not Call laws;
  • Any applicable state, federal, or international privacy, marketing, telecommunications, and consumer protection laws.

You represent and warrant that:

  • You have obtained each recipient's prior express consent, and where required, prior express written consent, to receive calls, texts, emails, and prerecorded or generated voice messages;
  • Such consent expressly authorizes the use of automated systems, prerecorded voice, generated voice, and SMS messaging where applicable;
  • You maintain complete and verifiable records of such consent;
  • You will provide such records to the Company immediately upon request;
  • You will honor all opt-out, unsubscribe, STOP, do-not-call, and similar requests immediately;
  • You will not contact any recipient who has revoked consent;
  • You will include all legally required sender identification and opt-out language.

The Company is not responsible for determining whether you have obtained valid consent.

8. Acceptable Use Policy

You may not use the Service to send, transmit, store, or facilitate any content or activity that:

  • Violates any law or regulation;
  • Infringes any intellectual property or privacy right;
  • Is fraudulent, deceptive, misleading, or impersonates another person or entity;
  • Contains malware, malicious code, phishing, or harmful content;
  • Promotes illegal activity;
  • Uses purchased, scraped, rented, harvested, or third-party contact lists without verifiable consent;
  • Sends unsolicited marketing, spam, robocalls, or mass communications without proper consent;
  • Is related to political campaigns, political fundraising, political advocacy, or politically affiliated organizations;
  • Involves debt collection, payday lending, credit repair, multi-level marketing, affiliate marketing, lead resale, or traffic arbitrage;
  • Relates to gambling, cannabis, CBD, adult content, pornography, escort services, illegal drugs, firearms, or any unlawful or regulated goods or services;
  • Involves healthcare or regulated medical communications in a manner that would require HIPAA compliance unless separately agreed in writing;
  • Contains or promotes hateful, threatening, harassing, defamatory, obscene, sexually explicit, discriminatory, or deemed, in our sole discretion, to be inappropriate, politically inflammatory, or otherwise objectionable content.

We reserve the right, in our sole discretion, to determine whether any use or content violates this Acceptable Use Policy.

We may suspend, restrict, or terminate your account immediately, without notice and without refund, for any actual or suspected violation.

9. High-Risk Use Restrictions

The following uses are strictly prohibited:

  • Sending messages without legally sufficient consent;
  • Using purchased, scraped, rented, or third-party lists;
  • Attempting to evade carrier filtering, spam detection, opt-out requirements, or legal restrictions;
  • Sending deceptive caller ID information or sender information;
  • Using the Service for political messaging or political organizations;
  • Sending communications on behalf of third parties without authorization;
  • Using the Service in any way that may expose the Company, telecommunications providers, carriers, or vendors to liability or regulatory action.

The Company may immediately suspend or terminate any account engaged in suspected high-risk activity, with no refund.

10. Platform Role and Safe Harbor

The Service acts solely as a neutral technology platform and passive conduit for communications.

The Company:

  • Does not create, originate, initiate, draft, approve, or control your communications;
  • Does not select recipients or determine the timing of communications;
  • Does not verify, validate, or store recipient consent on your behalf except as expressly stated;
  • Does not provide legal advice or guarantee legal compliance;
  • Acts solely at your direction and as your service provider.

You agree that the Company may rely entirely on your representations regarding consent and legal compliance.

To the fullest extent permitted by law, the Company shall not be considered the "sender," "initiator," "maker," or "caller" of any communication under the TCPA, CAN-SPAM, or any similar law.

11. Delivery and Third-Party Services Disclaimer

The Service relies on third-party telecommunications carriers, SMS providers, email providers, cloud hosting providers, internet service providers, and other vendors.

The Company does not guarantee:

  • Delivery of any email, text message, or voice call;
  • That any communication will not be filtered, blocked, delayed, rejected, or marked as spam;
  • Any delivery rate, response rate, or recipient engagement;
  • Continuous availability or uninterrupted operation of the Service.

The Company is not liable for:

  • Carrier filtering or blocking;
  • Spam filtering;
  • Incorrect or invalid contact information;
  • Third-party outages or failures;
  • Delays, interruptions, or errors in transmission;
  • Loss of data, logs, contact lists, recordings, or campaign history.

The Service is provided on a best-efforts basis only.

12. Data Ownership and License

You retain ownership of your uploaded contact lists, content, recorded messages, and other data submitted to the Service.

You grant the Company a worldwide, non-exclusive, royalty-free license to host, store, process, transmit, copy, modify, and use such data solely as necessary to provide, maintain, improve, and secure the Service.

The Company may use aggregated, anonymized, and de-identified data derived from your use of the Service for analytics, benchmarking, product development, and service improvement.

The Company may retain contact lists, message content, recordings, analytics, and logs after account termination as necessary to:

  • Comply with legal obligations;
  • Enforce these Terms;
  • Resolve disputes;
  • Investigate abuse, fraud, or complaints.

13. Privacy Policy

Our collection, use, and disclosure of information are governed by our Privacy Policy, available at:

Privacy Policy

By using the Service, you consent to the collection and use of information described in the Privacy Policy, including tracking and logging of:

  • Message delivery;
  • Whether calls were answered, delivered to voicemail, or unanswered;
  • SMS delivery status;
  • Email delivery and open rates;
  • Delivery logs and related analytics.

14. Suspension and Termination

We may suspend, restrict, or terminate your account at any time, with or without notice, for any reason or no reason, including if we believe that:

  • You violated these Terms;
  • Your activity presents legal, regulatory, reputational, or operational risk;
  • Your use is abusive, excessive, fraudulent, or prohibited.

We reserve the right to cancel service at any time with no refund.

Upon termination:

  • Your right to use the Service immediately ends;
  • We may disable or delete your account and data;
  • Any unpaid amounts become immediately due.

Sections relating to payment obligations, limitations of liability, disclaimers, arbitration, indemnification, and data retention shall survive termination.

15. Intellectual Property

The Service, including all software, technology, trademarks, branding, text, graphics, and related materials, is owned by the Company or its licensors and is protected by intellectual property laws.

You may not copy, modify, distribute, reverse engineer, resell, or create derivative works from the Service without our prior written consent.

16. Disclaimer of Warranties

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

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR AVAILABLE AT ALL TIMES.

17. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

  • THE COMPANY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
  • THE COMPANY SHALL NOT BE LIABLE FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES;
  • THE COMPANY'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

These limitations apply regardless of the legal theory asserted and even if the Company has been advised of the possibility of such damages.

18. Indemnification

You agree to defend, indemnify, and hold harmless the Company and its officers, managers, members, employees, contractors, affiliates, agents, licensors, vendors, and telecommunications providers from and against any and all claims, demands, actions, damages, liabilities, losses, judgments, penalties, fines, costs, and expenses, including reasonable attorneys' fees, arising out of or related to:

  • Your use of the Service;
  • Your communications;
  • Your content or contact lists;
  • Your violation of these Terms or any law;
  • Your failure to obtain required consent;
  • Any claim under the TCPA, CAN-SPAM, or similar laws;
  • Any dispute between you and your recipients.

19. Governing Law

These Terms and any dispute arising out of or related to the Service shall be governed by and construed under the laws of the State of New Jersey, without regard to conflict of law principles.

20. Arbitration Agreement and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES MOST DISPUTES TO BE RESOLVED BY BINDING INDIVIDUAL ARBITRATION.

Any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved exclusively through final and binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules.

The arbitration shall take place in Bergen County, New Jersey.

You agree that:

  • Arbitration shall be conducted on an individual basis only;
  • You waive any right to participate in a class action, collective action, representative action, or class arbitration;
  • The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this arbitration provision.

Notwithstanding the foregoing, the Company may seek injunctive or equitable relief in any court of competent jurisdiction in Bergen County, New Jersey to protect its intellectual property, confidential information, or other rights.

IF FOR ANY REASON A DISPUTE IS FOUND NOT TO BE SUBJECT TO ARBITRATION, YOU AGREE THAT THE EXCLUSIVE VENUE SHALL BE THE STATE OR FEDERAL COURTS LOCATED IN BERGEN COUNTY, NEW JERSEY, AND YOU WAIVE ANY OBJECTION TO SUCH VENUE.

You also waive any right to a jury trial.

21. Modifications to the Terms

We may modify these Terms at any time by posting updated Terms within the Service or on our website.

Your continued use of the Service after the revised Terms become effective constitutes your acceptance of the updated Terms.

22. Miscellaneous

If any provision of these Terms is found unenforceable, the remaining provisions shall remain in full force and effect.

Our failure to enforce any provision of these Terms shall not constitute a waiver.

You may not assign or transfer your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

These Terms, together with the Privacy Policy and any applicable order forms or subscription agreements, constitute the entire agreement between you and the Company regarding the Service.

23. Contact Information

If you have questions about this Terms Of Service, you may contact us at:

Tomorrow's Computing Solutions, LLC
P.O. Box 443
Oradell, New Jersey 07649
Email: [email protected]
Phone: (844) 959-3200