Payment, Refund Terms & Conditions
Terms governing use of Peerly services, payments, account responsibilities, refunds, cancellations and messaging compliance.
These Terms and Conditions operate together with Peerly’s Platform Terms and Conditions, which you have read and accepted each time you log into the Platform. Should any conflict be found to exist between these Payment Terms and Conditions and the Platform Terms and Conditions, the Platform Terms and Conditions shall prevail and supersede these Payment Terms and Conditions. These Terms and Conditions are between Peerly Inc., its related companies, and the User of the Service.
It is each User’s responsibility to protect and secure its account login and access information. You are fully responsible and legally liable for all activity on your account.
In these Payment Terms and Conditions, Users of the Site and/or Services, whether they are subscribers, customers, or casual browsers of the site, are called ‘Users’. Peerly Inc.’s Services are Interactive Computer Services and are defined in the Terms and Conditions. Please read these Terms and Conditions before using our website or Services. By using or accessing our website and/or Services, you agree to be legally bound by these Payment Terms and Conditions and all guidelines and policies incorporated by reference in these Terms.
Our website and Services are not intended to be used by minors. You must be at least the age of majority in the jurisdiction wherein you reside and do business in order to use our website.
We reserve the right to change or modify any of these Terms and Conditions at any time.
User Data
When you provide us with a User’s data (i.e. personal or billing data), you must: (1) provide accurate, current and complete information; (2) keep your login information and password(s) secure; (3) ensure the accuracy of your data; (4) accept all risks of and responsibility for any unauthorized access to your data and to any other information that you provide to us.
Service Fees & Taxes
You are personally responsible (financially and otherwise) for all activity on your account, including all fees incurred as a result of your activity. Charges and any other fees for the use of this website and/or the Services are described on the website, in service agreements, or any in any combination thereof. Such charges and fees may change at any time. If you keep using the Service after the change, you accept the new charges and fees. Any change to charges and other fees will be applicable to the billing period following the change. You are responsible for all applicable taxes related to the fees (which may differ depending on your geographical location/residence).
Trademarks, Ownership & Copyright
All of the content on the website (including all files) is the property of Peerly Inc., its affiliate and associated companies. Content provided by the User is the property of the User. Any use of any portion of the Content without the prior written permission of its owner is strictly prohibited. All rights to the website and Non-User content are expressly reserved. User Content is the User’s responsibility. Peerly Inc. has no responsibility or liability for User’s Content, or for any losses or damages, your User Content may cause. We have absolute discretion, but no obligation, to remove, or change any User Content, at any time and for any reason.
Limited License of the User Content to Peerly Inc.
Peerly Inc. requires the right to access and use the User Content to the extent necessary to operate the website and the services. By uploading/entering User Content to the website/platform, the User grants Peerly Inc. and its subsidiaries and affiliates a non-exclusive, royalty-free, transferable right to use and modify works from such User Content on the website. Peerly Inc. is not required to pay or compensate User for such access or use.
Privacy Policy
Peerly Inc. collects personal information when Users place an order or otherwise voluntarily enter such information into our system. Our server automatically records information when Users visit our website, including the URL, IP address, browser type and language, and the date and time of each User request. We will not disclose personal information to third parties, except where required by law and in response to a subpoena or investigative demand from a court or agency with jurisdiction over such matters, or in respect to an investigative request from USTelecom. We may use personal information to provide the Services and products you’ve requested, including services that display customized content and or email advertising. We may also use personal information for auditing, research and analysis to operate and improve our technologies and Services. Peerly Inc. processes all personal information on its own servers which are located in North America. Peerly Inc. will not share mobile messaging opt-in consent data with any third parties unless required by law.
Warranty
The Site, the Content, and the Services are provided to you on an “as is” basis without warranties of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not represent or warrant that Content is complete, accurate, reliable, current or error-free, and expressly disclaim any warranty or representation as to the accuracy or proprietary character of the Site, the Services, the Content or any portion thereof.
Limitation of Liability
Users waive and shall not assert any claims or allegations of any nature whatsoever against Peerly Inc., its directors, officers, employees, agents, affiliates, subsidiaries, associated companies, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees, arising out of or in any way relating to your use of the website or Services, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights and alleged inaccuracy of Content. We shall not be liable for any damages, including but not limited to loss of use, loss of profits or loss of data, arising out of or in any way connected with the use of the website or Services.
7.1 Message Privacy
The User acknowledges that message content is transmitted unencrypted and that eavesdropping of phone communications by third parties is possible.
7.2 Delivery
The User acknowledges that Peerly Inc. delivers messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery of the messages within the technical constraints imposed by the above-mentioned third-party providers. Messages submitted via our website will be transferred to the addressed recipients, provided that the recipient’s receiver is switched on and located in an area covered by their subscribed network provider. The User acknowledges that, depending on the recipient’s provider service, it may not be possible to transmit the message to the recipient successfully, particularly if the provider does not support the chosen delivery method at all.
7.3 Large Volume Transmission
The User acknowledges that transmission of large numbers of messages may be subject to restrictions and delays on the part of the network providers affected.
7.4 Disruptions & Damages
If the User causes damages or disruption of the website or our delivery system with malicious intent, he/she shall be liable for all direct and indirect consequences and associated costs, including full legal costs.
7.5 Message Content
The User acknowledges that Peerly’s Services are Interactive Computer Services and the User assumes full responsibility for the content of the messages transmitted by it or by a third party on its request. The User agrees to abide by all laws and regulations applicable to the content and intent of the messages transmitted through the User’s account. The User shall be liable for all consequences, liability and costs arising out of any offenses against such laws and regulations. The User must ensure that its message delivery does not cause disturbance or harassment of a recipient or other third party. The User agrees to not send messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content. The User is not permitted to send messages to recipients who have made it clear that they do not wish to receive these messages or advertisements (i.e. to recipients on a Do Not Call List or who have ”opted out”). The sender of such unsolicited messages (the User) bears full legal and financial responsibility and liability for such actions. Peerly Inc. shall not be liable for any damages arising out of or in any way connected with the use of the website by such Users.
Applicable Law and Jurisdiction
The User agrees that all disputes, claims or other matters arising from its use of the Services shall be governed by the laws of the State of Florida, USA. The User also agrees that all Claims shall be heard and resolved in a court of competent jurisdiction located in Fort Lauderdale, Florida, USA.
Termination/Modification of License
Peerly Inc. reserves the right, without notice and in its sole discretion, without any liability to Peerly Inc., to terminate or limit the User’s license and/or access to use the website or any Services provided by Peerly. In the event of a violation of Peerly’sTerms and Conditions, a User account will be terminated or placed under review and the User will not receive a refund for any unused portion of credits.
Inactive Accounts/Termination of Agreement
If a User’s subscription payment has been canceled, rejected, not cleared or not received on time, Peerly may deactivate and/or delete the User’s account without any notice. All User data may be lost. User and Peerly Inc. may terminate these Terms and User’s usage of the Site and Services at any time, with written notice. Purchased message credits and other fees are not refundable or transferable and do not bear interest. In case of account/program cancellation by the User, unused credits will expire on User’s subscription end date. For example, If User subscribes and cancels halfway through the billing period, User’s credits will be usable until the last day of the User’s billing cycle.
Subpoenas Investigative Demands
Peerly Inc. is a compliance-focused company. Peerly will cooperate with valid subpoenas and investigative demands from courts and agencies with legal jurisdiction, and with investigations and valid requests received from USTelecom.
Contact Information
If you have any questions regarding these Terms or the website, please contact us at legal@peerly.com
Peerly Refund & Cancellation Policy
We want billing with Peerly to be simple, transparent and predictable. This policy explains when refunds are available, how to cancel, and what to do if you believe there is a billing issue.
Refunds
Pay-As-You-Go Accounts, Monthly Subscription Plans, Enterprise & Bulk Purchases
New clients may request a refund within 3 days (72 hours) of their first purchase, provided fewer than 200 messages/credits have been used.
Eligible refunds include the initial platform fee and purchased credits, less:
- $0.05 per message/credit used
- A 10% administration fee
- Any 10DLC fees, compliance fees or other charges or services which are not eligible for refunds at any time.
After 72 hours, or once 200 or more messages/credits have been used, purchases are non-refundable.
Payments beyond the initial 3 days (72 hours) of their first purchase subscription payments & Pay-As-You-Go Account platform fees and renewals are non-refundable.
Why Payments Become Non-Refundable
Peerly commits resources and incurs costs as soon as an account or purchase is activated.
Subscription plans reserve a specific level of messaging capacity and pricing for the client, whether or not all available messages are ultimately used.
For pay-as-you-go accounts, the platform fee is separate from usage and covers items such as platform access, reserved capacity, support, caller IDs, storage, tools and access to preferred messaging rates.
Purchased credits do not expire while the applicable account and subscription remains active unless otherwise stated. Once credits are purchased, Peerly may also reserve capacity and pricing with its vendors based on that purchase.
Because these costs and commitments are made in advance, payments generally cannot be refunded after the applicable refund period.
Cancelling Is Easy
We make several options available so clients can avoid unwanted renewals.
Before recurring charges, Peerly sends at least one or more advance billing notices explaining the upcoming payment and how to cancel and a notice of payments on the day of billing.
Clients can cancel:
- 24/7 through the Manage Subscription/Add Funds section of their account
- With assistance from our 24/7 AI support via in-app chat
- Through live in-app chat support, Monday through Saturday, during business hours
No reason is required to cancel. Cancellation stops future renewals but does not automatically refund a payment that has already been processed.
How to Request a Refund
Refund requests must be made in writing within the applicable refund period and may be submitted through:
- Peerly’s Live In-App Chat
- support@peerly.com
Approved refunds are returned to the same card or original payment method used for the purchase. Peerly's billing and platform records will be used to determine usage and refund eligibility.
Billing Disputes
If you believe a charge should be disputed, you may submit a written billing dispute to Peerly's via the above methods even if the transaction falls outside the standard refund period.
Peerly may, at its discretion, approve an exception where appropriate.
Unless otherwise agreed in writing, any exceptional refund will not exceed:
- Two months of subscription or platform fees
An exceptional refund is a customer-service accommodation and does not change this policy for future transactions.
Chargebacks
We encourage clients to contact us before filing a chargeback. Our goal is to resolve legitimate billing concerns directly and quickly.
Peerly may dispute chargebacks that it reasonably believes are invalid, abusive, fraudulent or otherwise improper and may provide the payment provider with relevant billing, account, cancellation, communication and usage records.
Accounts may be suspended while a chargeback remains unresolved.
Nothing in this policy limits any rights that cannot legally be waived under applicable law.
Regulatory Requirements
Regulatory Compliance
It is the User’s sole responsibility to ensure that you are compliant at all times, with all local, state and federal laws and regulations that may govern the use of the Services, including but not limited to the Telephone Consumer Protection Act, federal and state Do-Not-Call laws, Fair Debt Collection Practices Act, Can-Spam Act, the Telemarketing Sales Rules, and other legislation, rules, regulations, and codes. It is solely up to you to understand and comply with all applicable laws, regulations and rules that may govern your specific use of the Services.
The application of many of these regulations to commercial SMS messaging are set out in compliance and best practice manuals by industry bodies, namely the CTIA – The Wireless Association and the Mobile Marketing Association (MMA). It is your responsibility to ensure that your SMS messaging program is compliant, and you should make yourself familiar with the relevant industry codes, guidelines, and all applicable laws, and seek independent legal advice whenever you are uncertain. The information provided above is for general information purposes only. It is not intended to provide legal advice or opinions of any kind. No one should act, or refrain from acting, based solely upon the materials provided herein,
Privacy & Data Protection
Consumers have the right not to receive unsolicited marketing communications via SMS.
Opt-In: Consent to Marketing
Depending on numerous factors including but not limited to the mode of communication (i.e. text messages, recorded voice, voicemail, and other), the content of messages (i.e. marketing, informational, political, and other), and the delivery of messages (i.e. peer-to-peer vs bulk), some communications may require the recipient’s express written consent. Where consent is required, you need to ensure that consumers are informed about what they are consenting to receive before sending messages. Where consent or opt-in is required, records of consumer approval to receive marketing communications must be kept. Where applicable these records are to include the method, time, date, and location by which a consumer provided their consent as well as the terms for the receipt of communications to which a consumer agreed to receive. It is your sole responsibility to fully understand the rules regarding consent for your specific use of the Services.
Opt-Out: Removal of Consent to Marketing
The universally recognised method of opting out from receiving marketing communications via SMS is for a consumer to reply “STOP” to a message they received. You also need to honor any opt-out requests sent via other channels, (for example, via email or telephonically). A “STOP” confirmation message must be sent to the consumer to confirm the opt-out. This message should include the name of your company and the following words: “You have opted out. You will not receive additional messages”. Records of opt-out communications must also be maintained.
Audience & Message Content
The content of marketing messages must be appropriate for the intended audience and should not be likely to offend, upset or harm, etc, any recipient of the message, whether deliberately or otherwise. In this regard, you must comply with all applicable laws and industry standards that apply to the marketing of children.
Sending Time-Frame
The TCPA stipulates that text messages may only be sent between 8:00 AM and 9:00 PM in the time zone where the recipient is located. If your service sends messages to contacts in different timezones, contact us about the various service options we can provide.
Record Keeping
It is generally recommended that to protect your organization from future disputes, Users should maintain each contact’s consent for at least four (4) years from that date in which the consent was given.
There are numerous federal and state rules and regulations governing automated phone calls and SMS messaging. It is your responsibility to adhere to ALL of these rules at all times.
