Terms of Service

1. Agreement to These Terms

These Terms of Service (“Terms”) are a binding agreement between Castro Enterprises Inc., a California corporation doing business as IgnyteRT (“IgnyteRT,” “we,” “us,” or “our”) and the business entity or individual subscribing to or using the Service (“Subscriber,” “you,” or “your”).

By checking the acceptance box during signup, creating an account, or using the Service, you agree to these Terms and to our Privacy Policy, which is incorporated by reference. We record the date and time of your acceptance.

Business use only. The Service is a business-to-business (B2B) product offered solely for commercial use. You represent that you are entering into these Terms on behalf of a business, that you are at least 18 years of age, and that you have authority to bind that business. The Service is not offered to consumers for personal, family, or household use.

2. The Service

IgnyteRT is a software-as-a-service platform that enables subscribing businesses to send automated customer-retention and follow-up messaging — including follow-up sequences, review requests, renewal and upgrade reminders, and real-time customer-service replies — to their own end customers (“End Customers”) via:

  • SMS and MMS text messaging (U.S. A2P);
  • WhatsApp messaging; and
  • RCS messaging.

Additional channels (including email and AI-assisted voice calling) may be offered in the future. If launched, each such channel will be governed by a standalone channel addendum published at that time (addressing, as applicable, CAN-SPAM, TCPA robocall and AI-voice rules, and related requirements), which you must accept before using the channel.

The Service consists of (a) the marketing website at ignytert.com and (b) the application at app.ignytert.com, which is the system of record for accounts, campaigns, and messaging.

You control the messaging. You — not IgnyteRT — select the recipients, compose or approve the content, and determine the timing of every message sent through your account. IgnyteRT provides the sending infrastructure only.

3. Accounts

3.1 Registration and activation

To create an account, you submit your first name, last name, company name, work email, mobile number, and a password via the signup form. Your account is created in an inactive state and is activated automatically upon successful payment of your first subscription charge. You then log in at app.ignytert.com.

3.2 Account security

You are responsible for maintaining the confidentiality of your credentials and for all activity under your account. Notify us immediately at security@ignytert.com of any unauthorized use. Your password is stored only in hashed form in the application backend.

3.3 Accuracy

You agree to provide accurate, current, and complete information and to keep it updated.

4. Plans, Pricing, and Billing

4.1 Subscription plans

The Service is offered on monthly, auto-renewing subscription plans. Current plans and pricing are published on ignytert.com. As of the Last Updated date:

4.2 Regular rates and Founding-Member rates

The Regular Rate is the current, standard price at which each plan is offered. It is not a former price, a discounted-from price, or a limited-time comparison price. For a limited period, we offer a Founding-Member Rate as an alternative current price available to early subscribers.

Founding-rate lock. If you subscribe at a Founding-Member Rate, that rate remains your rate for life — for as long as your subscription remains continuously active and in good standing. If a renewal payment fails, you have a 14-day grace period to update your payment method and cure the failed payment; your founding rate is preserved during the grace period. If payment is not cured within 14 days, or if your subscription is canceled or terminated for any reason, the founding-rate lock ends. If you later re-subscribe, you will re-enter at the then-current Regular Rate.

4.3 Billing and payment

Subscriptions are billed monthly in advance via Stripe, our third-party payment processor. By subscribing, you authorize recurring charges to your payment method until you cancel. IgnyteRT never receives, stores, or processes your card number; all card data is handled by Stripe under Stripe’s terms and privacy policy.

4.4 Auto-renewal and cancellation

Your subscription renews automatically each month unless you cancel before the start of the next billing period. The automatic-renewal terms are disclosed at checkout before you pay, confirmed in a welcome/acknowledgment email after your first payment, and you may cancel at any time using the cancellation button in your dashboard at app.ignytert.com or by contacting support@ignytert.com.

Cancellation takes effect at the end of the then-current monthly billing period. Your subscription simply completes that cycle and ends: you retain full access to the Service, and your remaining Plan Credits, through the last day of the period already paid for. No refunds or partial/prorated refunds are provided for the remainder of the billing month in which you cancel.

4.5 Price changes

We may change Regular Rates or plan features on notice of at least 30 days, effective at your next renewal. Founding-Member Rates are protected as described in Section 4.2.

4.6 Taxes

Prices exclude applicable taxes. You are responsible for any sales, use, or similar taxes, which will be added where required.

4.7 Founding-Member rate lock and pricing scope

Your Founding-Member monthly subscription price is locked for the life of your subscription, provided the subscription remains continuously active and in good standing. Cancellation, lapse, or termination forfeits the Founding-Member rate, as described in Section 4.2.

Your monthly subscription price covers platform access and the monthly message-credit allotment included with your plan. It does not fix the number of included credits or the cost of usage. IgnyteRT may adjust included credit allotments, overage rates, and per-message credit consumption rates on at least 30 days’ notice — including where the underlying carrier, aggregator, or message-delivery costs change materially. Where required, such changes take effect at your next renewal.

Any Founding-Member or promotional discount applies to subscription fees only, and not to usage-based charges (including message credits, reload credits, overage, and per-message consumption).

5. Message Credits

5.1 How credits work

Each plan includes a monthly allotment of message credits (“Plan Credits”). Outbound messages draw down your credit balance; there is no separate per-message charge. Different message types and channels consume different numbers of credits, as published at ignytert.com/pricing#credits; we may update per-channel consumption rates on notice. Inbound messages are free and do not consume credits.

5.2 Plan Credits expire monthly

Plan Credits expire at the end of each billing month and do not roll over. Unused Plan Credits are forfeited without refund or credit.

5.3 Reload Credits

You may purchase prepaid top-up credits (“Reload Credits”). Reload Credits never expire for as long as your account remains open. Reload Credits are forfeited when your account closes, as described in Section 5.5.

5.4 Order of consumption

Plan Credits are consumed before Reload Credits.

5.5 No refunds

All fees are non-refundable except where required by applicable law. This includes subscription fees (in whole or in part, including for partial billing periods after cancellation), Plan Credits, and Reload Credits. Credits have no cash value and no special treatment as stored value. Credits are forfeited without refund as follows:

  • Plan Credits are forfeited at the end of each billing month (no rollover).
  • On cancellation, you may use remaining credits through the end of your final paid billing period; any credits remaining when the account closes are forfeited.
  • On termination or suspension for violation of these Terms or of any state or federal law (including messaging-compliance violations under Section 6), all pending credits — Plan and Reload — are forfeited immediately.

5.6 Auto-reload

You may optionally enable auto-reload, which automatically purchases Reload Credits when your balance falls below a threshold you set, in an amount you set. If you enable auto-reload, you expressly authorize IgnyteRT (via Stripe) to charge your payment method at variable times and in variable amounts according to your auto-reload settings, without further notice for each charge. You may change your threshold and amount, or disable auto-reload entirely, at any time in your dashboard. We will send you an email notice and receipt for every auto-reload charge and for any change to the billing on your account.

5.7 No cash value

Credits are a metering mechanism only. They are not currency, have no cash value except as expressly stated in Section 5.5, and are non-transferable.

6. Acceptable Use and Messaging Compliance

6.1 Your compliance obligations

You are solely responsible for your use of the Service and for all messages sent through your account, including their content, recipients, and timing. You agree to comply with all applicable laws and industry requirements, including without limitation:

  • the Telephone Consumer Protection Act (TCPA) and FCC implementing rules;
  • the CTIA Messaging Principles and Best Practices;
  • A2P 10DLC registration requirements of The Campaign Registry and participating carriers;
  • WhatsApp Business Messaging Policy and other channel-provider policies;
  • CAN-SPAM (if/when email launches) and applicable state telemarketing, mini-TCPA, and privacy laws (e.g., Florida FTSA, Oklahoma, Washington, Maryland state laws); and
  • all applicable consumer-protection and data-protection laws.

6.2 Consent — your warranty

You represent and warrant that, for every End Customer contact you upload to or message through the Service, you have obtained and can document the level of consent required by applicable law for the type of message being sent (including prior express written consent where required for marketing messages), and that such consent has not been revoked. You will maintain records of consent and produce them to us on request. The platform guardrails described in Section 6.6 assist with, but do not relieve you of, these obligations.

6.3 Opt-outs

The Service processes standard opt-out and help keywords (e.g., STOP, HELP) as required by law and carrier rules. You must honor all opt-out requests immediately and must not message any End Customer who has opted out, through the Service or otherwise. You must not attempt to disable, circumvent, or interfere with opt-out handling.

6.4 Prohibited uses

You must not use the Service to:

  • send messages to any recipient without required consent, or to purchased, rented, or scraped contact lists;
  • send content prohibited by carrier or channel rules (including SHAFT categories: sex, hate, alcohol, firearms, tobacco/cannabis, and other restricted content), or illegal, deceptive, defamatory, or fraudulent content;
  • engage in phishing, spoofing, snowshoeing, or evasion of carrier filtering;
  • transmit malware or interfere with the Service’s operation or security;
  • resell, sublicense, or provide the Service to third parties as a messaging bureau without our written agreement; or
  • violate any applicable law or third-party right.

6.5 Enforcement

We may monitor aggregate messaging patterns for compliance and deliverability. We may suspend or throttle messaging, suspend your account, or remove content immediately and without prior notice if we reasonably believe your use violates this Section 6, threatens the platform’s carrier registrations or deliverability, or exposes IgnyteRT to liability. Where practicable, we will notify you and give you an opportunity to cure.

6.6 Platform guardrails (quiet hours and frequency limits)

To protect recipients and the platform’s carrier standing, the Service automatically enforces the following, based on the recipient’s local time (determined by area code or available location data):

  • Sending window: the default campaign sending window is 9:00 a.m.–8:00 p.m. recipient local time. Messages scheduled outside 8:00 a.m.–8:00 p.m. recipient local time are hard-blocked and queued for the next permitted window. Where a recipient’s state imposes a stricter window, the stricter window is enforced.
  • Frequency limits: the Service will warn you when a campaign would send a second marketing message to the same contact within 24 hours, and will automatically block a third marketing message to the same contact within any 24-hour period. Sustained high-frequency messaging to the same contacts may result in automatic campaign pause pending review.

These guardrails are minimum platform protections, may be updated as laws and carrier rules change, and do not constitute legal advice or a guarantee of compliance. You remain solely responsible for the lawfulness of your messaging.

7. End-Customer Data; Data Processing

7.1 Roles

As between the parties, you own and control the End Customer contact lists and related information you upload to the Service (“End-Customer Data”). You are the controller (or “business” under the CCPA) of End-Customer Data; IgnyteRT processes it solely on your behalf and on your instructions as a processor/service provider, to provide the Service. The Data Processing Addendum (“DPA”), available at https://ignytert.com/dpa, is attached to and incorporated into these Terms.

7.2 Your warranties regarding End-Customer Data

You represent and warrant that you have all rights, consents, and lawful bases necessary to upload End-Customer Data to the Service and to have IgnyteRT process it and transmit messages to those contacts as directed by you.

7.3 Our commitments

We will (a) process End-Customer Data only to provide the Service and as permitted by the DPA; (b) not sell End-Customer Data or use it for our own marketing; (c) implement reasonable technical and organizational security measures; and (d) delete or return End-Customer Data following account closure per our retention schedule (120 days after account closure, unless a longer period is required by law).

8. Intellectual Property

The Service, including all software, designs, and content provided by IgnyteRT, is owned by IgnyteRT and its licensors. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Service for your internal business purposes during your subscription. You retain all rights in your own content and End-Customer Data. You grant us a limited license to host and process your content solely to provide the Service. If you submit feedback, we may use it without restriction or compensation.

9. Third-Party Services

The Service depends on third parties, including Stripe (payments), telecommunications carriers, The Campaign Registry, Meta (WhatsApp), and hosting providers. We are not responsible for third-party services, and message delivery is subject to carrier and channel-provider filtering, delays, and availability that are outside our control. Carrier surcharges and pass-through fees, if any, are included in credit consumption rates and are not billed separately.

10. Disclaimers

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, IGNYTERT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT MESSAGES WILL BE DELIVERED, THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT USE OF THE SERVICE WILL ENSURE YOUR COMPLIANCE WITH ANY LAW. NOTHING IN THE SERVICE CONSTITUTES LEGAL ADVICE; YOU ARE RESPONSIBLE FOR YOUR OWN MESSAGING COMPLIANCE.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW: (a) NEITHER PARTY WILL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, REVENUE, OR DATA; AND (b) IGNYTERT’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE WILL NOT EXCEED THE AMOUNTS YOU PAID TO IGNYTERT IN THE 12 MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITS DO NOT APPLY TO YOUR PAYMENT OBLIGATIONS, YOUR INDEMNIFICATION OBLIGATIONS, OR YOUR BREACH OF SECTIONS 6 (ACCEPTABLE USE) OR 7.2 (DATA WARRANTIES).

12. Indemnification

You will defend, indemnify, and hold harmless IgnyteRT and its officers, directors, employees, and agents from and against any claims, damages, fines, penalties, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your messages, campaigns, or content; (b) your failure to obtain or maintain required End Customer consent, or any alleged violation of the TCPA, state mini-TCPA laws, carrier rules, or other messaging laws in connection with your use of the Service; (c) End-Customer Data you upload; or (d) your breach of these Terms. We will promptly notify you of any such claim and may participate in the defense with counsel of our choosing.

13. Term, Suspension, and Termination

These Terms apply from your acceptance until your account is closed. We may suspend the Service as described in Section 6.5 or for non-payment. Either party may terminate: you by cancelling under Section 4.4; we on 30 days’ notice without cause, or immediately for your material breach, unlawful use, or risk to the platform. On termination: your license ends; unpaid fees become due; Section 5.5 governs credit balances; and Sections 7.3(d), 8, and 10–15 survive.

14. Dispute Resolution; Binding Arbitration; Class-Action Waiver

Please read this section carefully — it affects your legal rights, including your right to file a lawsuit in court and to have a jury trial.

14.1 Informal resolution first

Before filing any claim, the party asserting the dispute must send written notice to the other (to us: legal@ignytert.com; to you: your account email) describing the dispute and the relief sought. The parties will attempt in good faith to resolve the dispute within 30 days of the notice. If it is not resolved, either party may commence arbitration.

14.2 Agreement to arbitrate

Except as stated in Section 14.4, any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, before a single arbitrator. The arbitration will be conducted in San Bernardino County, California, or, at either party’s election, by videoconference or on written submissions. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

14.3 Class-action waiver

All claims must be brought in the parties’ individual capacity only, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one party’s claims or preside over any form of class or representative proceeding. If this class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) must proceed in court, and the remainder of this Section remains in effect.

14.4 Exceptions

Either party may (a) bring an individual claim in small-claims court, and (b) seek injunctive or other equitable relief in court to protect its intellectual property, confidential information, or the security and integrity of the Service (including the platform’s carrier registrations).

14.5 Fees

Each party bears its own attorneys’ fees and costs unless the arbitrator awards them under applicable law or AAA rules. AAA filing and arbitrator fees are allocated per the AAA Commercial Rules.

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. For any matter not subject to arbitration, the parties consent to the exclusive jurisdiction and venue of the state and federal courts located in San Bernardino County, California.

15. General

  • Changes to these Terms. We may update these Terms; material changes will be notified via email or in-app notice at least 30 days before taking effect. Continued use after the effective date constitutes acceptance.
  • Assignment. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets.
  • Force majeure. Neither party is liable for delays caused by events beyond its reasonable control, including carrier or network outages.
  • Entire agreement; severability; waiver; notices. These Terms, the Privacy Policy, the Data Processing Addendum, and any order form constitute the entire agreement. If any provision is unenforceable, the remainder stays in effect. Failure to enforce is not a waiver. Notices to us: legal@ignytert.com. Notices to you: your account email.

16. Contact

IgnyteRT Castro Enterprises Inc. dba IgnyteRT 115 N Euclid Ave Ste B, Ontario, CA 91762 support@ignytert.com · legal@ignytert.com