Terms of Service

1. What the Service Is

FSEN is a software platform that routes inbound phone calls and SMS messages received on phone numbers you provision through FSEN, and sends outbound SMS and voice notifications to phone numbers you designate, according to rules you configure.

The Service gives you tools to:

• Receive inbound calls and texts on a phone number provisioned through FSEN
• Configure lists of workers, vendors, or other recipients you want notified
• Automatically forward inbound messages to those recipients via SMS
• Record events, notes, timestamps, and attachments for your own reference
• Manage subscriptions, users, schedules, and settings through a web portal

The Service is a communication tool that you operate. You decide who is notified, in what order, under what conditions, and what happens next. FSEN does not make any of those decisions on your behalf and does not monitor whether they are made at all.

2. What the Service Is Not

To avoid any ambiguity:

• FSEN is not a dispatcher. We do not operate a dispatch center. We do not employ personnel who triage calls, assess emergencies, prioritize incidents, or make operational decisions on your behalf. All dispatch decisions - including whether, when, how, and to whom to respond - are made by you and your personnel.
• FSEN is not a monitoring or emergency response service. We do not monitor your account, your incidents, your response times, or whether anyone at your organization is available or acting. We do not dispatch police, fire, medical, or any other emergency responders.
• FSEN is not a 911 service or telecommunications carrier. The Service is not a substitute for 911, E911, or any public safety answering point. For life-threatening emergencies, always call 911 directly.
• FSEN is not a guarantor of delivery, response, or outcomes. We make no representation that any SMS message, voice call, or notification will be delivered, received, read, acknowledged, or acted upon within any timeframe, or at all. SMS and voice depend on carriers, networks, device state, and recipient behavior that we do not control.
• FSEN is not liable for outcomes. Any property damage, personal injury, financial loss, regulatory exposure, missed response, delayed response, or other consequence arising from events you handle through the Service is your responsibility, not ours. See Sections 12 and 13.

3. Customer Responsibility

You are the dispatcher. You are operationally and legally responsible for:

• Defining who receives notifications and in what order
• Ensuring that designated recipients are available, competent, and equipped to respond
• Verifying that notifications are actually received and acted upon
• Monitoring your own response times and escalation paths
• Communicating with clients and other stakeholders about your response expectations and limitations
• Maintaining independent procedures for situations where the Service is unavailable, delayed, or fails to deliver a message
• Complying with all laws, regulations, licensing, insurance, and safety requirements that apply to your business

The Service is a tool you use to run your operations. It is not a replacement for operational judgment, trained personnel, or a backup communication plan.

3.1 Customer Warranties (recipients and ETA share)

You represent and warrant that you have provided all notices and obtained all consents required under applicable employment, privacy, electronic communications, and labor laws to:

• Send SMS, MMS, voice, and group-message communications to the workers, vendors, contractors, dispatchers, and other recipients you designate
• Collect a one-time browser geolocation reading from a worker when that worker opens an FSEN ETA share link and taps "Send ETA," and display the resulting drive-time estimate to the calling customer
• Record, retain, and share with FSEN the worker rosters, schedules, phone numbers, and other operational data needed to provide the Service

If a recipient opts out of FSEN communications (see Section 6), FSEN may suppress further messages to that recipient, and you are responsible for maintaining alternative communication procedures for them.

4. Acknowledgement of Limitations

By using the Service, you acknowledge and agree that:

• SMS and voice communications are inherently unreliable and can fail silently
• Delivery timing can be affected by carrier congestion, network outages, device conditions, and factors outside FSEN's control
• You have evaluated whether the Service meets your operational needs and have accepted the limitations described in these Terms
• You will not rely on the Service as your sole means of emergency communication or your sole safeguard against the consequences of a missed or delayed response

5. Eligibility and Accounts

The Service is intended for commercial and professional use by individuals 18 years or older. By using the Service, you represent that you are at least 18 years old and have the authority to bind the organization you represent.

You are responsible for maintaining the security of your account credentials and registered phone numbers. Notify us immediately at support@fsen.tech if you suspect unauthorized access.

6. SMS and Voice Consent

By providing your phone number and using the Service, you expressly consent to receive SMS, MMS, and voice communications related to the notifications the Service is configured to send, service operations, account alerts, and billing.

• Message frequency varies based on your configuration and inbound activity
• Message and data rates may apply depending on your carrier plan
• You may opt out of optional messages at any time by replying with any of the FCC-recognized revocation words: STOP, QUIT, END, REVOKE, OPT OUT, OPT-OUT, CANCEL, or UNSUBSCRIBE. We honor opt-outs within a reasonable time not exceeding 10 business days, per 47 CFR 64.1200.
• Reply HELP for assistance or contact support@fsen.tech

Essential service messages (security alerts, billing notices, terms updates) cannot be opted out of while you maintain an active account. Opting out of SMS will prevent the Service from delivering notifications to you and may make the Service unusable.

If you are a Customer (account holder) designating recipients other than yourself, see Section 3.1: you are responsible for obtaining recipient consent before adding any worker, vendor, or other party to the Service.

7. Acceptable Use

You agree not to:

• Use the Service for any unlawful purpose or in violation of any applicable law
• Submit false reports or abuse the notification system
• Attempt to gain unauthorized access to any part of the Service
• Interfere with or disrupt the Service or its infrastructure
• Send spam, unsolicited messages, or harassing content through the Service
• Share account credentials or allow unauthorized individuals to use your account
• Reverse engineer, decompile, or attempt to extract the source code of the Service
• Represent to your own clients or the public that FSEN is a dispatcher, monitoring provider, emergency service, or guarantor of response

We reserve the right to suspend or terminate accounts that violate these Terms.

8. Group Communications

The Service may create group SMS conversations to fan notifications out to multiple recipients. By participating, you understand and agree that:

• All messages, photos, and attachments are visible to every participant in the group
• Participant names and phone numbers are visible to other participants
• Conversations are recorded and archived for the account holder's reference and audit
• You should only share information necessary for the notification you are sending

9. Fees and Payment

Service fees are as described on our website or in your subscription agreement. Fees are billed in advance on a monthly or annual basis.

9.1 Auto-renewal.

Subscriptions renew automatically at the end of each billing period (monthly or annual, as selected at signup) unless cancelled before the next renewal date. Annual subscriptions renew for another full year; monthly subscriptions renew month-to-month.

9.2 Cancellation.

You may cancel at any time from your billing portal or by emailing support@fsen.tech. Cancellation stops future renewal charges. Except as required by law, the 30-day money-back guarantee below, or as stated in an order form, cancellation does not entitle Customer to a refund for the then-current prepaid term.

9.3 Price changes.

We may change pricing with at least 30 days' notice via email or in-app message. Price changes apply only to renewal periods that begin after notice; your current paid term will not be repriced mid-cycle.

9.4 Taxes and pass-through charges.

Fees are exclusive of taxes. Customer is responsible for all applicable sales, use, value-added, and similar taxes, as well as carrier pass-through fees (SMS surcharges, voice minutes, 10DLC registration costs), failed-payment fees, bank fees, and chargebacks where applicable.

9.5 30-day money-back guarantee.

If FSEN does not earn its keep for you within the first 30 days of a new subscription, email support@fsen.tech with subject line "Refund request" before the end of day 30. We will refund 100% of the subscription fee paid (excluding any third-party charges, such as Telnyx voice minutes or 10DLC registration costs already incurred on your behalf) within 5 business days, no questions asked. You keep all incident timeline data exported through the dashboard. After day 30, fees are non-refundable except as required by law. The guarantee applies once per organization and only to the first paid subscription period; it does not apply to renewals or tier upgrades.

10. Intellectual Property

The Service, including all software, design, text, and content created by FSEN, is our property or the property of our licensors and is protected by intellectual property laws. You may not copy, modify, distribute, or create derivative works from our Service without written permission.

Content you submit through the Service (messages, photos, documents) remains your property, but you grant us a license to use, store, and process it as necessary to provide and improve the Service.

11. Service Availability

We strive to provide reliable service but do not guarantee uninterrupted or error-free operation. The Service depends on third-party infrastructure including SMS carriers, voice carriers, cloud providers, and telecommunications networks that we do not control.

• SMS and voice delivery are subject to carrier availability and network conditions
• Standard SMS is not end-to-end encrypted (a limitation of SMS technology)
• We may perform scheduled maintenance with reasonable advance notice
• Force majeure events (natural disasters, carrier outages, etc.) may affect service
• The Service may be unavailable, delayed, or partially functional at any time and for any duration without notice

12. Disclaimer of Warranties

The Service is provided "as is" and "as available" without warranties of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. FSEN does not warrant that the Service will be uninterrupted, secure, or error-free, that any message or notification will be delivered, received, read, or acted upon, that delivery will occur within any specific timeframe, or that use of the Service will produce any particular operational outcome. You assume all risk associated with use of the Service as part of your operations.

13. Limitation of Liability

To the maximum extent permitted by law, FSEN and its officers, directors, employees, affiliates, and agents will not be liable for any indirect, incidental, special, consequential, exemplary, punitive, lost-profit, business-interruption, reputational, regulatory, property-damage, personal-injury, or emergency-response-related damages arising from or related to use of the Service, including any failure, delay, non-delivery, misdelivery, or failure to act on any notification, SMS, or voice communication.

Subject to the carve-outs below, FSEN's total aggregate liability for all claims arising out of or related to the Service will not exceed the greater of: (a) the amounts paid by Customer to FSEN for the Service during the twelve (12) months before the event giving rise to the claim; or (b) one thousand U.S. dollars (USD $1,000).

13.1 Carve-outs.

The exclusions and cap above do not apply to, and nothing in these Terms limits, FSEN's liability for: (i) fraud or fraudulent misrepresentation, (ii) willful misconduct, (iii) gross negligence, or (iv) any liability that cannot be excluded or limited under applicable law.

These limitations apply regardless of legal theory (contract, tort, statute, or otherwise) and apply even if a remedy fails of its essential purpose. The parties have relied on these limitations in agreeing to the Service fees.

14. Indemnification

You agree to indemnify, defend, and hold harmless FSEN and its officers, directors, employees, affiliates, and agents from and against any claims, damages, losses, liabilities, judgments, settlements, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Service; (b) your violation of these Terms; (c) your infringement of any third-party rights; (d) any event, incident, response, or non-response that you, your personnel, or your vendors handle through the Service; or (e) any representation you make to your clients or the public about FSEN's role or capabilities that is inconsistent with Sections 1 through 4.

15. Termination

Either party may terminate the Service at any time. We may suspend or terminate your access immediately if you violate these Terms or engage in conduct that we determine is harmful to the Service or other users.

Upon termination, your right to use the Service ceases. We will retain data as described in our Privacy Policy, including records required for legal compliance.

16. Governing Law and Disputes

These Terms are governed by the laws of the Commonwealth of Massachusetts without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

16.1 Exclusive venue.

Any action or proceeding arising out of or relating to these Terms or the Service must be brought exclusively in the state or federal courts located in Suffolk County, Massachusetts. Each party consents to the personal jurisdiction of those courts and waives any objection based on inconvenient forum, improper venue, or lack of personal jurisdiction.

16.2 Jury trial waiver.

To the maximum extent permitted by law, each party waives any right to a trial by jury in any action or proceeding arising out of or relating to these Terms or the Service.

16.3 Small claims and injunctive relief.

Nothing in this section prevents either party from (a) bringing an individual action in a small-claims court of competent jurisdiction, or (b) seeking injunctive or other equitable relief in any court of competent jurisdiction to protect intellectual property rights, confidential information, or prevent ongoing harm pending resolution of an underlying dispute.

17. Changes to These Terms

We may update these Terms from time to time. Material changes will be communicated via email, SMS, or website notice at least 30 days before taking effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

18. Privacy

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your information. By using the Service, you acknowledge that you have read and understood the Privacy Policy.

19. Contact

Based in Boston, Massachusetts