Terms of Service

Effective date: October 27, 2026

Acceptance

Platform users agree to these Terms by creating an account, on behalf of themselves and the business they represent, and confirm they are authorised to do so. If you do not agree, do not use the service.

People who receive text messages from Heads Up's SMS program do not create an account. They consent by texting Heads Up to (424) 331-1892 (see https://headsuptexting.com/opt-in) or through the demo form at https://headsuptexting.com/demo, and the "SMS program" section below applies to them.

You must be at least 18 years old and using the service for business purposes.

SMS program

Program name: Heads Up. Program description: Heads Up sends recurring automated marketing text messages to people who opted in by texting Heads Up to (424) 331-1892 (see https://headsuptexting.com/opt-in) or through the demo form at https://headsuptexting.com/demo.

Message frequency: up to 4 msgs/month.

Msg & data rates may apply.

Reply STOP to cancel. Reply HELP for help. After cancelling, reply START to resubscribe.

Support: call 979-587-4777 or email headsupsupport@gmail.com. Mail: 21508 Parker Road, Tomball, TX 77377.

Privacy: see our Privacy Policy for how your mobile number and opt-in data are handled.

Carriers are not liable for delayed or undelivered messages.

The service

Heads Up lets you import contacts, record and manage consent, and send SMS campaigns subject to the limits of your plan. Message delivery depends on mobile carriers and on your 10DLC brand and campaign registration, neither of which we control.

Your compliance responsibilities

You are responsible for obtaining valid, documented, prior express written consent before messaging any contact, and for complying with the Telephone Consumer Protection Act, its implementing rules, state mini-TCPA statutes, CTIA messaging principles, and all other applicable law.

You will not message a number you obtained from a purchased, rented, scraped, or third-party list. Consent is not transferable between businesses.

You will honour opt-outs immediately, include the required identification and opt-out language in your messages, and send only content permitted by your carrier registration.

You will respect calling-time restrictions. The platform blocks sends outside 8:00am–9:00pm in the timezone configured for your organization, but that setting is yours to keep accurate, and some states impose narrower windows or additional registration requirements. The platform control is an aid, not a legal opinion or a defence.

You represent that every contact you upload consented to receive messages from your business, and you agree to indemnify and hold harmless Heads Up and its personnel from any claim, penalty, or cost — including reasonable legal fees — arising from messages you send, content you choose, or consent you failed to obtain or document.

Acceptable use

No unlawful, deceptive, harassing, or carrier-prohibited content. This expressly includes the restricted "SHAFT" categories (sex, hate, alcohol, firearms, tobacco), cannabis, illegal substances, high-risk financial offers such as payday loans or debt relief, gambling, and phishing or any message designed to impersonate another party.

No attempt to circumvent platform limits: no probing or load-testing our systems, no scripted use of the API beyond documented rate limits, and no sharing of one account across unrelated businesses.

We may suspend or terminate an account immediately, without refund, where use creates legal, carrier, or security risk to us or to other customers.

Data ownership and our role

You retain ownership of the contact and consent data you upload. You grant us the limited licence needed to host and process it in order to provide the service.

We act as your processor for that data (see the Privacy Policy). We will not use it for our own marketing, and we will delete or return it on request after termination, subject to the consent and opt-out retention carve-out described in the Privacy Policy.

Billing, trials, and cancellation

Subscriptions renew automatically until cancelled. Fees are charged in advance through Stripe according to your plan and billing cycle. Plan limits (monthly messages, contacts, seats) are enforced by the platform.

Free trials convert to a paid subscription at the end of the trial period unless cancelled first.

You may cancel at any time; access continues through the end of the paid period. Fees already paid are non-refundable except where required by law.

We may change prices with at least 30 days' notice before your next renewal.

Service levels and suspension

The service is provided without an uptime commitment unless a separate written agreement says otherwise. We may perform maintenance and may suspend access where necessary for security, non-payment, or legal compliance.

Disclaimers and limitation of liability

The service is provided "as is" and "as available", without warranties of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that any message will be delivered — carriers filter, delay, and block messages for reasons outside our control.

To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits or lost data.

To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the service is limited to the fees you paid us in the 12 months preceding the event giving rise to the claim. This limit does not apply to your indemnity obligations above, or to liability that cannot be limited by law.

Termination

Either party may terminate at any time. We may terminate immediately for breach. On termination your access ends, and your data is deleted per the Privacy Policy retention schedule. Export your data before cancelling.

Governing law and disputes

These Terms are governed by the laws of Texas, without regard to conflict-of-laws rules. Any dispute arising out of or relating to these Terms or the service will be brought exclusively in the state or federal courts located in Texas, and each party consents to the personal jurisdiction of those courts. Before filing a claim, each party agrees to try to resolve the dispute informally by written notice to the other for at least 30 days.

Changes and contact

We may update these Terms; material changes will be emailed to account owners at least 30 days before taking effect, and continued use after that constitutes acceptance.

Contact: headsupsupport@gmail.com, 21508 Parker Road, Tomball, TX 77377.