Terms of Service

These Terms of Service (“Terms”) govern your access to and use of the website, platform, and services (collectively, the “Service”) provided by Ayo!(“Company,” “we,” “us,” or “our”). Ayo! is the marketing name for M.R.BRIX LLC. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility

You must be at least 18 years of age and capable of forming a binding contract to use the Service. By creating an account, you represent and warrant that you meet these requirements and that all information you provide is accurate and complete.

2. Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials.
• You are responsible for all activity that occurs under your account.
• You must notify us immediately of any unauthorized use of your account.
• We reserve the right to suspend or terminate accounts that violate these Terms.

3. Acceptable Use Policy

You agree to use the Service only for lawful purposes and in compliance with all applicable laws and regulations. Specifically, you agree that you will NOT:

• Send SMS messages to any person who has not provided prior express written consent as required by the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227, and applicable FCC regulations.
• Use purchased, rented, or third-party contact lists. All contacts must be first-party opt-ins.
• Send messages containing false, misleading, deceptive, or fraudulent content.
• Send messages promoting illegal products, services, or activities.
• Send messages containing hate speech, harassment, threats, or sexually explicit content.
• Send messages that impersonate another person or entity.
• Send messages during quiet hours (before 8:00 AM or after 9:00 PM in the recipient's local time zone) unless the recipient has provided express consent to receive messages at those times.
• Attempt to circumvent opt-out mechanisms or re-enroll opted-out contacts without their renewed consent.
• Use the Service to transmit malware, phishing links, or any harmful code.
• Violate any applicable federal, state, or local law, including but not limited to the TCPA, CAN-SPAM Act, CCPA, and GDPR where applicable.

4. SMS Messaging Compliance

As a user of our SMS broadcast Service, you acknowledge and agree to the following. For subscriber-facing SMS terms, including opt-in, opt-out, and message frequency details, see our SMS Terms & Conditions.

• Consent Requirement: You are solely responsible for obtaining and maintaining records of prior express written consent from each recipient before sending any SMS message through the Service. Consent must comply with TCPA requirements and CTIA guidelines.
• Opt-Out Compliance: You must honor all opt-out requests immediately. Our platform automatically processes STOP, UNSUBSCRIBE, CANCEL, QUIT, and END keywords. You may not send further messages to opted-out contacts.
• Content Moderation: All messages are subject to automated content moderation. Messages flagged as inappropriate, non-compliant, or potentially harmful will be blocked. We reserve the right to review and reject any message content.
• Message Identification: You must clearly identify yourself or your business in each message as required by applicable law.
• Record Retention: You must maintain records of consent for a minimum of 5 years or as otherwise required by law.
• Indemnification: You agree to indemnify and hold harmless M.R.BRIX LLC from any claims, damages, or penalties arising from your failure to comply with TCPA, FCC regulations, CTIA guidelines, or any other applicable messaging regulations.

5. Billing & Subscriptions

• Free Plan: The free plan includes up to 10 contacts and 1 send per month with no credit card required. Free plan messages include "Sent from textayo.com" branding.
• Paid Plans: Paid subscriptions are billed monthly at the rate selected during checkout. Prices are based on your chosen contact and send limits.
• Payment Processing: All payments are processed securely by Stripe, Inc. By subscribing, you agree to Stripe's terms of service.
• Cancellation: You may cancel your subscription at any time through the billing portal. Cancellation takes effect at the end of the current billing period. No refunds are issued for partial months.
• Price Changes: We reserve the right to modify pricing with 30 days' notice. Continued use after price changes constitutes acceptance.

6. Intellectual Property

The Service, including all software, designs, text, graphics, logos, and trademarks, is the property of M.R.BRIX LLC and is protected by intellectual property laws. “Ayo!” is a trademark of M.R.BRIX LLC. You may not copy, modify, distribute, or create derivative works from any part of the Service without our written permission.

7. Termination

We may suspend or terminate your access to the Service at any time, with or without cause, and with or without notice. Grounds for termination include, but are not limited to: violation of these Terms, violation of SMS compliance requirements, non-payment, fraud, or abuse. Upon termination, your right to use the Service ceases immediately. Provisions that by their nature should survive termination will survive.

8. Disclaimer of Warranties

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT GUARANTEE MESSAGE DELIVERY, AS DELIVERY DEPENDS ON CARRIER NETWORKS AND RECIPIENT DEVICE STATUS.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, M.R.BRIX LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR BUSINESS OPPORTUNITIES, ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE. OUR TOTAL LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE 12 MONTHS PRECEDING THE CLAIM.

10. Indemnification

You agree to indemnify, defend, and hold harmless M.R.BRIX LLC, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or in connection with: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any law or regulation, including TCPA and FCC regulations; or (d) any message you send through the Service.

11. Governing Law & Dispute Resolution

These Terms are governed by the laws of the State in which M.R.BRIX LLC is organized, without regard to conflict of law principles. Any dispute arising under these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, except that either party may seek injunctive relief in a court of competent jurisdiction.

12. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the effective date. Your continued use of the Service after changes constitutes acceptance. If you disagree with changes, you must stop using the Service and close your account.

13. Contact