Terms and Conditions

Effective Date: June 21, 2026

These Terms and Conditions (“Terms”) form a binding legal agreement between you and AquiferDAO LLC, a Republic of the Marshall Islands limited liability company doing business as TextTree.ai (“TextTree,” “we,” “us,” or “our”).

These Terms govern access to and use of texttree.ai, app.texttree.ai, api.texttree.ai, TextTree APIs, MCP endpoints, phone numbers, messaging infrastructure, software, documentation, subscriptions, prepaid balances, dashboards, webhooks, and related services collectively referred to as the “Service.”

By accessing or using the Service, creating an account, clicking to accept these Terms, or purchasing a TextTree product, you agree to these Terms.

1. Business Use

The Service is offered for business, professional, development, and commercial use.

You represent and warrant that:

1. You are at least 18 years old;
2. You have legal capacity to enter into these Terms;
3. You are using the Service primarily for business or professional purposes and not primarily for personal, family, or household purposes;
4. If you act for an organization, you have authority to bind that organization; and
5. Your use of the Service is lawful in every jurisdiction that applies to you, your recipients, and your communications.

“You” includes both the individual accepting these Terms and the organization for which that individual acts.

2. Nature of the Service

TextTree provides self-service software and communications infrastructure that may allow customers to:

• Send and receive SMS;
• Use pooled, connected, or dedicated phone numbers;
• Create and manage message workflows;
• Configure APIs, webhooks, MCP tools, and integrations;
• Maintain contacts, lists, campaigns, conversations, and suppressions;
• Review message status, traffic, logs, costs, and provider events;
• Establish usage limits and prepaid balances; and
• Connect automated software or AI agents to messaging workflows.

Features may be experimental, incomplete, unavailable in certain locations, subject to third-party approval, or changed without notice.

3. No Human-Driven or Managed Services

TextTree is a self-service software product.

Unless expressly agreed in a separate written agreement signed by TextTree, the Service does not include:

• Human-operated messaging;
• Managed campaigns;
• Human review or approval of customer message content;
• Human selection of recipients;
• Copywriting;
• Consulting;
• Legal or compliance advice;
• Consent collection;
• Lead generation;
• Agency services;
• Human-in-the-loop decision services; or
• Manual operation of customer accounts.

Any onboarding, billing assistance, abuse investigation, technical support, or customer support is incidental to the software product and does not convert the Service into a human-delivered or managed service.

You remain solely responsible for all recipients, content, campaigns, lists, configurations, workflows, automations, and messages associated with your account.

4. Accounts and Credentials

You must provide accurate, current, and complete information.

You are responsible for:

• All activity occurring through your account;
• Protecting passwords, API credentials, bearer tokens, backup codes, wallet credentials, and other authentication information;
• Restricting access to authorized personnel;
• Immediately rotating compromised credentials; and
• Promptly notifying us of unauthorized access.

Credentials may not be sold, transferred, publicly disclosed, shared outside your organization, or used to operate a credential-sharing service.

We may refuse registration, require verification, impose account limits, or revoke credentials at any time.

You are responsible for every action taken using your credentials, whether or not you personally authorized that action.

5. Limited License

Subject to these Terms and payment of all applicable charges, TextTree grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business purposes.

No ownership right in the Service is transferred to you.

You may not:

• Copy, sell, rent, lease, sublicense, distribute, or commercially exploit the Service;
• Reverse engineer, decompile, disassemble, or attempt to derive source code;
• Circumvent rate limits, safety controls, payment requirements, access restrictions, or technical protections;
• Benchmark or test the Service for a competing product without our written approval;
• Scrape or systematically extract data from the Service;
• Use the Service to build or train a competing service;
• Misrepresent your relationship with TextTree; or
• Remove proprietary notices.

6. Customer Content

“Customer Content” includes message bodies, contacts, telephone numbers, recipient information, templates, campaigns, lists, prompts, instructions, replies, webhooks, metadata, files, and other content submitted to or transmitted through the Service.

As between you and TextTree, and subject to applicable law, you retain any ownership rights you already hold in Customer Content.

You grant TextTree and its affiliates, vendors, telecommunications providers, payment providers, contractors, and successors a worldwide, non-exclusive, royalty-free, transferable, and sublicensable license to host, store, reproduce, copy, transmit, route, format, modify, analyze, classify, monitor, display, disclose, and otherwise process Customer Content as reasonably necessary to:

• Provide and operate the Service;
• Deliver and route messages;
• Maintain accounts and integrations;
• Process payments and calculate usage;
• Prevent fraud, abuse, spam, and security threats;
• Enforce these Terms;
• Comply with laws, legal process, carrier rules, and provider requirements;
• Investigate complaints;
• Debug and improve the Service;
• Develop, test, evaluate, and improve automated systems and product features;
• Produce analytics, statistics, and business intelligence; and
• Protect TextTree, its providers, customers, recipients, and the public.

This license continues for as long as Customer Content is retained in our systems, backups, logs, legal archives, or provider systems.

You represent and warrant that you possess every authorization, right, permission, consent, and legal basis needed for TextTree to process Customer Content as described in these Terms and the Privacy Policy.

7. Platform Data and Derived Data

TextTree owns all rights in the Service and in data generated by operating the Service, including:

• Traffic and routing data;
• Delivery and status records;
• Provider identifiers;
• Usage records;
• Cost and billing calculations;
• Logs and audit records;
• Error reports;
• Network and device information;
• Performance measurements;
• Fraud, abuse, and risk signals;
• Analytics;
• Statistical information;
• Aggregated data;
• De-identified data;
• Derived data; and
• Improvements, models, classifications, and insights developed from such data.

To the extent you acquire any right in such data, you assign that right to TextTree.

TextTree may use, license, disclose, commercialize, and otherwise exploit aggregated, de-identified, statistical, and derived data for any lawful purpose without restriction or payment to you.

8. No Expectation of Confidentiality

TextTree is not a private vault, confidential communications service, escrow service, or end-to-end confidentiality provider.

Except where required by law or expressly agreed in a separate written confidentiality or data-processing agreement:

• You should not expect Customer Content or traffic to be confidential from TextTree;
• TextTree and its providers may access and process Customer Content and traffic;
• Authorized personnel may review information for support, safety, security, abuse prevention, billing, compliance, or legal purposes; and
• You must not submit trade secrets, regulated data, legally privileged material, or information requiring special confidentiality protections unless TextTree has expressly agreed in writing to process it.

9. Messaging and Consent Compliance

You are the sender and initiator of messages sent through your account.

You are solely responsible for:

• Determining whether each message is lawful;
• Obtaining legally valid consent from every recipient where required;
• Maintaining verifiable records of consent;
• Honoring opt-outs, revocations, suppressions, and do-not-contact requests;
• Providing legally required disclosures and sender identification;
• Registering campaigns, brands, numbers, or sender identities where required;
• Complying with quiet hours, frequency limitations, content rules, and recordkeeping requirements;
• Ensuring automated or AI-generated messages are lawful and appropriate;
• Reviewing applicable laws in every recipient’s jurisdiction; and
• Complying with telecommunications-carrier, aggregator, industry, and provider rules.

TextTree tools, suppressions, logs, or compliance features do not constitute legal advice and do not guarantee compliance.

The absence of a technical block does not mean a message is lawful.

We may require proof of consent, campaign information, business identity, message samples, privacy notices, opt-in records, or other compliance evidence at any time.

10. Prohibited Use

You may not use the Service to:

• Send unsolicited messages, spam, or messages to purchased, rented, scraped, harvested, or improperly obtained lists;
• Contact a person who has opted out or withdrawn consent;
• Conceal or misrepresent sender identity;
• Facilitate fraud, phishing, impersonation, scams, extortion, harassment, threats, or abuse;
• Distribute malware, malicious code, or deceptive links;
• Violate privacy, publicity, intellectual-property, consumer-protection, telecommunications, advertising, or other rights;
• Promote illegal goods, services, controlled substances, unlawful gambling, trafficking, exploitation, or violence;
• Send political campaign messages without our prior written approval;
• Send adult or sexually exploitative material;
• Discriminate unlawfully;
• Interfere with emergency services;
• Represent TextTree numbers as emergency-service numbers;
• Use the Service for life-critical, emergency, nuclear, aviation, medical-device, or other high-risk systems;
• Circumvent suppressions, opt-outs, registration requirements, carrier filters, or rate limits;
• Create excessive complaints, failure rates, fraud risk, carrier risk, or network disruption;
• Resell, sublicense, or provide third-party access to the Service without written authorization;
• Create accounts to evade a suspension or restriction;
• Use another person’s data without authorization; or
• Engage in activity that could expose TextTree or its providers to legal, financial, security, or reputational risk.

We may determine, in our sole discretion, whether conduct creates unacceptable risk.

11. Monitoring and Enforcement

We may automatically or manually monitor, inspect, analyze, filter, block, delay, quarantine, suppress, or reject any account, message, recipient, campaign, number, credential, webhook, or traffic.

We are not obligated to monitor all activity and do not assume responsibility for Customer Content.

We may cooperate with telecommunications providers, payment providers, regulators, courts, law enforcement, recipients, anti-abuse organizations, and other parties investigating suspected violations.

We may disclose information where we reasonably believe disclosure is necessary to:

• Comply with law or legal process;
• Enforce these Terms;
• Investigate abuse;
• Protect rights, safety, systems, or property;
• Prevent fraud or security incidents; or
• Maintain access to telecommunications or payment infrastructure.

12. Telephone Numbers

Telephone numbers are licensed or made available for use and are not sold to you.

You do not acquire ownership of a telephone number.

We may reclaim, replace, reassign, suspend, port, disable, or withdraw a number where:

• Required by law or a provider;
• Registration or verification fails;
• The number is unused;
• Fees are unpaid;
• The account is suspended or terminated;
• Carrier rules change;
• The number creates operational or compliance risk; or
• Continued availability is impractical.

We do not guarantee that a requested area code, number, sender identity, capability, or country will remain available.

You are responsible for exporting or updating dependencies before a number is removed.

13. Delivery and Telecommunications Risk

TextTree does not control telecommunications carriers, mobile networks, recipient devices, number registries, filtering systems, or upstream providers.

We do not guarantee:

• Delivery;
• Delivery time;
• Receipt;
• Display;
• Sender identification;
• Number continuity;
• Carrier acceptance;
• Inbound routing;
• Message ordering;
• Message content preservation;
• Compatibility; or
• Recipient action.

Messages may be changed, segmented, delayed, filtered, rejected, or blocked by third parties.

You assume all risks arising from reliance on message delivery.

14. Fees and Payment

You agree to pay all displayed or agreed fees, taxes, usage charges, carrier charges, number charges, subscription charges, overages, and other amounts associated with your account.

We may require prepaid balance before processing messages.

We may estimate message charges before sending and reconcile them after provider processing. Actual charges may vary based on destination, carrier, message length, encoding, segmentation, number type, registration status, taxes, and provider pricing.

We may correct billing calculations and deduct amounts owed from your balance.

You authorize TextTree and applicable payment providers to charge your selected payment method.

You are responsible for taxes except taxes imposed on TextTree’s net income.

15. Subscriptions

Paid subscriptions automatically renew for successive periods equal to the original billing period unless canceled before renewal.

You authorize recurring charges without requiring separate approval for each renewal.

We may change subscription prices, included features, usage rates, or plan limits. Price changes will take effect as stated in the applicable notice or, where required by law, on a future renewal.

A failed payment may result in immediate suspension, downgrade, number release, or termination.

Cancellation does not create a right to a refund.

16. Prepaid Balance

Prepaid balance is a limited right to consume eligible TextTree services.

Prepaid balance:

• Is not legal tender;
• Is not a deposit or bank account;
• Is not insured;
• Does not earn interest;
• Is non-transferable;
• Has no cash-redemption value;
• May not be resold;
• May be subject to usage, account, or expiration conditions;
• May be reduced for usage, reversals, disputes, taxes, adjustments, or unpaid charges; and
• Is non-refundable except where mandatory law requires otherwise.

We may refuse, reverse, hold, or review a balance credit where fraud, payment risk, underpayment, incorrect attribution, sanctions exposure, or technical error is suspected.

17. Refunds

All sales are final and non-refundable to the maximum extent permitted by law.

The Refund Policy located at https://texttree.ai/refund-policy is incorporated into these Terms.

Where a third-party merchant of record processes a transaction, its buyer terms and refund rules also apply to that transaction.

18. Privacy

Our Privacy Policy, available at https://texttree.ai/privacy, describes how TextTree collects, accesses, uses, retains, analyzes, and discloses information.

By using the Service, you acknowledge that Customer Content and communications will be processed by TextTree, telecommunications providers, hosting providers, payment providers, and other vendors needed to operate the Service.

You are responsible for providing all notices and obtaining all permissions required for TextTree to process information relating to your recipients, contacts, users, personnel, and customers.

19. Security and Backups

We may implement security measures, but no system is completely secure.

You use the Service at your own risk.

We do not guarantee that information will be:

• Secure;
• Error-free;
• Unavailable to unauthorized parties;
• Recoverable;
• Free from alteration; or
• Preserved for any particular period.

You are responsible for maintaining independent backups of information needed for your operations, legal compliance, consent evidence, and dispute resolution.

20. Changes to the Service

We may add, remove, restrict, suspend, replace, or modify any feature, number, provider, plan, integration, API, endpoint, price, limit, or capability at any time.

We may discontinue the Service or any portion of it without liability.

We are not required to maintain backward compatibility, preserve deprecated functionality, or support any particular integration.

21. Beta and Experimental Features

Beta, preview, test-mode, alpha, trial, or experimental features are provided for evaluation and may:

• Be incomplete;
• Contain errors;
• Be changed without notice;
• Lose or corrupt data;
• Have reduced security or availability;
• Be subject to additional limits; or
• Be discontinued at any time.

You use such features entirely at your own risk.

22. Suspension and Termination

We may restrict, suspend, or terminate access immediately, with or without notice, if we believe:

• You violated these Terms;
• Your account creates legal, carrier, security, payment, fraud, or reputational risk;
• You failed to pay;
• A provider, regulator, authority, or payment partner requests action;
• Your use threatens the Service or another party;
• Your contact information is inaccurate;
• You failed to provide requested compliance evidence; or
• Suspension is otherwise reasonably necessary to protect TextTree.

Upon termination:

• Your license ends;
• We may stop processing messages;
• We may release telephone numbers;
• Outstanding amounts become immediately due;
• Unused balance may be forfeited to the maximum extent permitted by law;
• We may delete or retain data in accordance with our Privacy Policy; and
• No refund is due.

You may stop using the Service at any time, but stopping use does not cancel outstanding payment obligations.

23. TextTree Intellectual Property

TextTree and its licensors own all rights in:

• The Service;
• Software;
• APIs;
• Source and object code;
• Interfaces;
• Designs;
• Documentation;
• Workflows;
• Databases;
• Logos;
• Trademarks;
• Trade names;
• Models;
• Analytics;
• Platform Data;
• Derived Data; and
• Improvements.

No implied license is granted.

“TextTree,” “TextTree.ai,” associated logos, and related branding may not be used without written permission.

24. Feedback

If you provide suggestions, ideas, requests, corrections, or other feedback, you irrevocably assign to TextTree all rights in that feedback.

TextTree may use, modify, publish, commercialize, or ignore feedback without restriction, attribution, or compensation.

25. Third-Party Services

The Service relies on third-party hosting, database, telecommunications, payment, identity, email, blockchain, wallet, analytics, and infrastructure providers.

Your use of third-party services may be governed by separate terms.

TextTree is not responsible for a third party’s:

• Availability;
• Conduct;
• Security;
• Accuracy;
• Data practices;
• Pricing;
• Decisions;
• Service changes; or
• Failure.

Links and integrations do not constitute an endorsement.

26. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS.”

TEXTTREE DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF:

• MERCHANTABILITY;
• FITNESS FOR A PARTICULAR PURPOSE;
• TITLE;
• NON-INFRINGEMENT;
• ACCURACY;
• SECURITY;
• AVAILABILITY;
• QUIET ENJOYMENT;
• DATA INTEGRITY;
• DELIVERY; AND
• COMPLIANCE.

TEXTTREE DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, COMPLIANT, OR SUITABLE FOR YOUR PURPOSE.

NO COMMUNICATION OR SUPPORT CREATES A WARRANTY.

27. No Legal or Compliance Advice

TextTree does not provide legal, regulatory, telecommunications, financial, tax, medical, or professional advice.

Compliance tools, templates, defaults, warnings, suppressions, documentation, and support are informational only.

You must obtain independent advice appropriate to your use case.

28. Indemnification

To the maximum extent permitted by law, you will defend, indemnify, and hold harmless TextTree, AquiferDAO LLC, their affiliates, owners, directors, officers, employees, contractors, licensors, providers, successors, and assigns from all claims, demands, investigations, proceedings, losses, fines, penalties, damages, settlements, judgments, liabilities, and expenses, including reasonable legal fees, arising from or related to:

• Your use of the Service;
• Customer Content;
• Your recipients or communications;
• Your failure to obtain consent;
• Your violation of law, carrier rules, or these Terms;
• Your products, services, campaigns, agents, or integrations;
• An allegation that Customer Content infringes another party’s rights;
• Fraud, abuse, spam, or deceptive conduct associated with your account;
• A regulator, carrier, provider, recipient, or third-party claim; or
• Activity conducted using your credentials.

TextTree may control the defense and settlement of any indemnified matter. You may not settle a matter imposing liability or obligations on TextTree without written consent.

29. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEXTTREE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, RELIANCE, OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PROFITS, REVENUE, SAVINGS, GOODWILL, BUSINESS, DATA, CONTACTS, NUMBERS, OPPORTUNITIES, OR REPUTATION.

TEXTTREE WILL NOT BE LIABLE FOR:

• MESSAGE FAILURE OR DELAY;
• CARRIER OR PROVIDER ACTION;
• LOST OR REASSIGNED NUMBERS;
• CUSTOMER CONTENT;
• UNAUTHORIZED ACCOUNT USE;
• DATA LOSS;
• REGULATORY OR CARRIER PENALTIES;
• PAYMENT-PROVIDER ACTION;
• SERVICE INTERRUPTION;
• THIRD-PARTY SERVICES; OR
• DECISIONS MADE BY AUTOMATED SYSTEMS, AI AGENTS, RECIPIENTS, OR CUSTOMERS.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TEXTTREE’S TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE FEES YOU PAID TO TEXTTREE FOR THE SERVICE DURING THE THREE MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

IF YOU PAID NO FEES, TEXTTREE’S TOTAL LIABILITY WILL NOT EXCEED USD $100.

These limitations apply regardless of legal theory and even if a remedy fails of its essential purpose.

Nothing excludes liability that cannot lawfully be excluded.

30. Release

To the maximum extent permitted by law, you release TextTree from claims arising from disputes between you and:

• A recipient;
• A customer;
• A user;
• A carrier;
• A payment provider;
• An integration provider;
• An AI provider; or
• Any other third party.

31. Governing Law and Venue

These Terms are governed by the laws of the Republic of the Marshall Islands, without regard to conflict-of-law rules.

To the maximum extent permitted by law, the courts located in Majuro, Republic of the Marshall Islands, have exclusive jurisdiction over disputes arising from or relating to the Service or these Terms.

Before filing a claim, a party must provide written notice and allow at least 30 days for informal resolution.

Each party waives, to the extent permitted by law:

• Trial by jury;
• Participation in a class, collective, consolidated, or representative action; and
• Recovery of claims on behalf of another person.

Claims must be brought individually.

Any claim must be filed within one year after the event giving rise to it, or it is permanently barred, except where applicable law prohibits that limitation.

This section does not prevent TextTree from seeking injunctive or equitable relief to protect intellectual property, confidential information, systems, providers, or users.

Transactions processed by a merchant of record may also be governed by that merchant’s buyer terms with respect to payment, tax, cancellation, refund, and transaction disputes.

32. Export Controls and Sanctions

You may not use the Service in violation of trade restrictions, export controls, economic sanctions, anti-money-laundering requirements, or other applicable restrictions.

You represent that you are not located in, organized under the laws of, or ordinarily resident in a prohibited jurisdiction and are not a sanctioned or restricted person.

33. Changes to These Terms

We may modify these Terms at any time.

Updated Terms become effective when posted or on the date stated in the notice.

Where required by law, we will provide additional notice.

Continued use after the effective date constitutes acceptance. If you do not agree, your exclusive remedy is to stop using the Service and cancel future renewals before the updated Terms take effect.

34. Assignment

You may not assign or transfer these Terms without our written consent.

TextTree may assign or transfer these Terms, in whole or in part, to an affiliate, acquirer, successor, financing party, service provider, or other third party without your consent.

35. General Provisions

These Terms, the Privacy Policy, the Refund Policy, applicable order terms, and any separately signed agreement constitute the entire agreement between you and TextTree.

If a provision is unenforceable, it will be modified to the minimum extent necessary, and the remaining provisions will continue in effect.

Failure to enforce a provision is not a waiver.

Headings are for convenience only.

Electronic records and notices satisfy writing requirements.

TextTree is not liable for delays or failures caused by events beyond its reasonable control.

Sections concerning fees, data, intellectual property, disclaimers, indemnification, limitations, disputes, and general provisions survive termination.

36. Contact

AquiferDAO LLC, doing business as TextTree.ai Republic of the Marshall Islands Email: support@texttree.ai Website: https://texttree.ai