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Last Updated: August 5, 2026 — Effective Immediately
These Terms of Service ("Terms," "Agreement") constitute a legally binding agreement between you ("Customer," "you," "your") and T2Active LLC, a Florida limited liability company ("T2Active," "we," "us," "our"), governing your access to and use of the T2Active platform, including all related websites, applications, APIs, and services (collectively, the "Service" or "Platform").
By accessing or using T2Active, you represent and warrant that:
Your creation of an account, clicking "I agree," or continued use of the Platform after any modification to these Terms constitutes your binding acceptance. This Agreement is effective as of the date you first access or use the Service (the "Effective Date").
To use the Service, you must create an account and provide accurate, current, and complete information. You agree to:
Each account is for a single individual or entity. Sharing accounts or credentials with third parties is strictly prohibited. T2Active reserves the right to suspend or terminate any account where we reasonably believe information provided is inaccurate, misleading, or fraudulent.
T2Active provides a suite of marketing, communication, and business management tools designed for businesses. The Platform may include, but is not limited to:
T2Active reserves the right to modify, discontinue, or add features and services at any time, with or without notice. We do not guarantee that any particular feature will be available indefinitely.
Certain features of the Service require a paid subscription. By selecting a paid plan, you agree to pay all applicable fees as described at the time of purchase. Subscription plans are billed on a monthly or annual recurring basis depending on the billing cycle you select.
All subscriptions automatically renew at the end of each billing period unless you cancel before the renewal date. By subscribing, you authorize T2Active to charge your designated payment method on a recurring basis without further authorization, until you cancel.
T2Active reserves the right to change subscription fees at any time. We will provide at least thirty (30) days' advance notice of any price increase via email to the address associated with your account. Your continued use of the Service after a price change takes effect constitutes your agreement to the new pricing.
If a scheduled payment fails, T2Active will attempt to process the payment for up to seven (7) calendar days (the "Grace Period"). During this Grace Period, your access to the Service may be limited. If payment is not successfully collected within the Grace Period, your account will be suspended and access to the Service will be revoked until all outstanding balances are paid in full.
Certain modules or services may require a one-time setup fee. Setup fees are non-refundable and due at the time of subscription activation.
T2Text SMS messaging operates on a credit-based system. Unused included credits do not roll over between billing periods. Additional credits (top-ups) may be purchased at any time at the then-current rates. Credits are non-refundable and non-transferable, and any purchased top-up credits do not expire so long as your account remains active. If your credit balance is insufficient for a send, the send will not be delivered until you add credits or, if enabled, auto-recharge occurs under Section 4.10.
Certain plans, including T2Email, are priced according to the number of active (subscribed) contacts in your account. Because your contact count can grow through imports, sign-up forms, integrations, and ongoing subscriber activity, these plans include an automatic upgrade feature, which is enabled by default:
Auto-recharge for SMS credits is optional and off by default. If you enable it in Billing → Plan auto-scaling, you authorize T2Active to automatically purchase the credit pack you select and charge your payment method whenever your credit balance falls below the threshold you set, not to exceed the monthly spending cap you set. You may change or disable auto-recharge at any time. Credits purchased through auto-recharge are subject to Section 4.8.
By maintaining a paid subscription and a payment method on file, you expressly authorize T2Active and its payment processor to charge that payment method, without requiring further authorization for each transaction, for: (a) recurring subscription fees; (b) automatic plan upgrades under Section 4.9; (c) SMS auto-recharge under Section 4.10, if enabled; and (d) one-time fees you approve. You may withdraw these authorizations prospectively by disabling the applicable feature or canceling your subscription; withdrawal does not affect charges already incurred. You are responsible for maintaining a current, valid payment method and a monitored email address on file.
You represent, warrant, and agree that you will comply with all applicable laws, rules, and regulations governing electronic communications, including but not limited to:
You must obtain and maintain proper, documented consent from every recipient before sending any SMS, MMS, or email communication through the Platform. You must:
T2Active is not responsible or liable for your compliance failures. You acknowledge and agree that:
T2Active reserves the right to monitor messaging activity for compliance purposes and may, at its sole discretion, review message content, suspend sending capabilities, reduce sending limits, or terminate access if it determines that a Customer's messaging activity poses a risk to the Platform, its reputation, or its deliverability infrastructure.
Email and SMS deliverability depend on the sending reputation of shared infrastructure, and a single sender's practices can affect the deliverability of every T2Active customer. Accordingly, you agree to maintain responsible sending practices and acknowledge the following:
These standards exist to protect the deliverability of every T2Active customer. Repeated or severe violations may result in reduced sending limits, suspension of sending, or termination in accordance with Sections 5.3, 5.4, and 6, without refund.
You agree not to use the Service to:
You retain ownership of all data, content, and materials you upload, create, or transmit through the Platform ("Customer Data"). By using the Service, you grant T2Active a limited, non-exclusive license to host, store, process, and transmit Customer Data solely for the purpose of providing the Service.
T2Active may collect, use, and disclose aggregated and anonymized data derived from your use of the Service for analytics, benchmarking, product improvement, and marketing purposes. Such aggregated data will not identify you or any individual person.
T2Active stores Customer Data on secure servers hosted by Amazon Web Services (AWS) and employs commercially reasonable security measures, including encryption in transit and at rest. However, no method of electronic storage or transmission is 100% secure, and T2Active cannot guarantee absolute security.
Customer Data is available and accessible during the term of your active subscription. Upon cancellation or termination of your account, T2Active will retain your data for thirty (30) calendar days to allow for data export. After this 30-day retention period, all Customer Data will be permanently deleted and cannot be recovered.
T2Active will cooperate with law enforcement and comply with valid legal processes, including subpoenas, court orders, and government requests, as required by applicable law. T2Active may disclose Customer Data when we have a good-faith belief that disclosure is necessary to protect our rights, your safety, or the safety of others, or to detect, prevent, or address fraud, security, or technical issues.
Your use of the Service is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy for detailed information about how we collect, use, and protect your information.
With respect to personal data contained in your Customer Data (for example, your contacts and their information), you are the controller (or business) and T2Active acts as your processor (or service provider), processing that data solely to provide the Service and on your documented instructions. You are responsible for establishing a lawful basis for your processing, providing required notices to, and obtaining any required consents from, your contacts, and honoring their rights and opt-out requests.
To the extent applicable to your use of the Service, each party will comply with applicable data protection and privacy laws, which may include, without limitation: the EU General Data Protection Regulation (GDPR) and the UK GDPR and Data Protection Act 2018; the EU ePrivacy Directive and the UK Privacy and Electronic Communications Regulations (PECR); the California Consumer Privacy Act as amended by the CPRA (CCPA/CPRA) and other U.S. state privacy laws (including those of Virginia, Colorado, Connecticut, Utah, Texas, and similar); the U.S. CAN-SPAM Act and Telephone Consumer Protection Act (TCPA); Canada's Anti-Spam Legislation (CASL) and PIPEDA; Australia's Spam Act 2003 and Privacy Act 1988; and other applicable laws in the jurisdictions where you and your contacts are located.
Data Processing Addendum (DPA). Where required by applicable law, our Data Processing Addendum — which is incorporated into these Terms by reference and available on request or through your account — governs the processing of personal data and includes the European Commission's Standard Contractual Clauses (and the UK Addendum / IDTA) for any international transfers of personal data from the EEA, UK, or Switzerland. T2Active implements appropriate technical and organizational measures to protect personal data.
Sub-processors. You authorize T2Active to engage sub-processors to provide the Service, including the third-party providers identified in Section 8 (such as Stripe, Amazon Web Services, Twilio, and AI service providers). Each sub-processor is bound by data-protection obligations consistent with these Terms.
Data subject requests. T2Active will provide reasonable assistance to enable you to respond to requests from individuals to exercise their rights (such as access, correction, deletion, or objection) under applicable law, and provides self-service tools within the Platform to manage, export, suppress, and delete contact data.
The Platform integrates with and relies upon various third-party services, including but not limited to:
You acknowledge and agree that:
The Platform, including but not limited to all software, source code, object code, algorithms, designs, user interfaces, graphics, logos, trademarks, trade names, and documentation, is the exclusive property of T2Active LLC and is protected by United States and international intellectual property laws. No rights or licenses are granted except as expressly set forth in this Agreement.
You retain all ownership rights to your content and data. T2Active claims no intellectual property rights over your Customer Data.
T2Active may display "Powered by T2Active" branding, badges, or attribution on features, pages, or outputs generated through free-tier or trial features of the Platform. Paid subscription plans may offer the ability to remove or customize such branding, where applicable.
If you provide feedback, suggestions, or ideas about the Service, you grant T2Active an irrevocable, perpetual, royalty-free, worldwide license to use, modify, and incorporate such feedback into the Platform without obligation or compensation to you.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, in no event shall T2Active, its officers, directors, members, employees, agents, or affiliates be liable for any:
This limitation applies regardless of the theory of liability (contract, tort, negligence, strict liability, or otherwise), even if T2Active has been advised of the possibility of such damages.
T2Active's total aggregate liability arising out of or related to this Agreement shall not exceed the total fees actually paid by you to T2Active during the twelve (12) month period immediately preceding the event giving rise to the claim. If you have not paid any fees, T2Active's maximum liability shall be one hundred dollars ($100.00 USD).
You agree to indemnify, defend, and hold harmless T2Active LLC, its officers, directors, members, employees, agents, and affiliates from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including but not limited to reasonable attorneys' fees, court costs, and settlement amounts) arising out of or related to:
This indemnification obligation shall survive the termination or expiration of this Agreement.
You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of your current billing period. No refunds or credits will be issued for the remaining portion of any billing period.
T2Active may suspend or terminate your account immediately and without prior notice if you:
Termination for cause does not entitle you to any refund.
T2Active may terminate your account for any reason or no reason by providing thirty (30) days' written notice to the email address on file. In such case, T2Active will provide a pro-rated refund for any prepaid fees covering the period after termination.
Upon termination or cancellation:
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
YOU AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against T2Active. If any court or arbitrator determines that this class action waiver is void or unenforceable, then this entire arbitration provision shall be null and void.
For any claims not subject to arbitration, you consent to the exclusive jurisdiction and venue of the state and federal courts located in St. Johns County, Florida (and, for federal matters, the U.S. District Court for the Middle District of Florida, Jacksonville Division). You waive any objection to jurisdiction or venue in such courts.
In any arbitration, litigation, or other proceeding to enforce these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees and costs from the other party.
T2Active reserves the right to modify, amend, or update these Terms at any time, at its sole discretion. Changes will be effective immediately upon posting to the Platform unless otherwise specified.
For material changes that substantially affect your rights or obligations, T2Active will make reasonable efforts to notify you via email to the address associated with your account. However, it is your responsibility to review these Terms periodically.
Your continued use of the Service after any changes to these Terms constitutes your acceptance of the modified Terms. If you do not agree with the updated Terms, you must discontinue use of the Service and close your account.
These Terms, together with the Privacy Policy and any applicable order forms or subscription agreements, constitute the entire agreement between you and T2Active and supersede all prior agreements, understandings, and communications, whether oral or written.
If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
The failure of T2Active to enforce any provision of these Terms shall not constitute a waiver of that provision or any other provision. No waiver shall be effective unless in writing and signed by T2Active.
You may not assign or transfer your rights or obligations under these Terms without T2Active's prior written consent. T2Active may assign its rights and obligations without restriction.
T2Active shall not be liable for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, government actions, internet or telecommunications failures, power outages, or third-party service disruptions.
Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and T2Active. You have no authority to bind or obligate T2Active in any manner.
All notices from T2Active will be sent to the email address on file with your account. It is your responsibility to ensure your contact information is accurate and up to date.
If you have questions about these Terms of Service, please contact us: