Texting Services Agreement

Texting Services Agreement This Texting Services Agreement (the “Agreement”) is made as of the date set forth below by and between Boostly, Inc, a Delaware corporation (the “Company”) and the party signing below as “User” and are subject to the Terms and Conditions found at https://www.boostly.com/terms-of-use.


1. SERVICES User hereby subscribes to Company’s marketing software and services.


2. DEFINITIONS

Basic Credit (SMS): 1 Credit per message sent

Premium Credit (MMS, gamified, or interactive messages): 3 Credits per message sent

Overage Credits: Usage charged over monthly package allocation, billed in arrears at a rate $0.005 higher than the tier's price-per-credit Billing Cycle: Monthly billing periods begin on the first (1st) of each month. Annual billing periods begin on the date the Customer signed up.

Launch Fee: Includes all associated messages associated with an initial invitation which is sent the Customer's historic audience from the prior two years.


3. BILLING User authorizes Company to collect payment via the method of billing currently on file in accordance with the selected Product(s) on the enrollment form.


4. STARTING TIER Customer's subscription begins on the Starter Tier, as shown in the Pricing Schedule below, subject to the Initial Signup Exception listed in Section 5. If paying on a monthly basis, the initial subscription charge and any associated credits will be prorated based on signup date, with future subscriptions being charged on the 1st of the month. If paying annually, Customer receives all credits for the period up front.


5. PRICING SCHEDULE

SMS Pricing Tiers

Tier

Monthly Price

Credits Included

Price/Credit

Starter

$130

2,000

$0.0650

Essentials

$190

3,200

$0.0594

Growth

$260

4,800

$0.0542

Plus

$350

7,000

$0.0500

Pro

$475

10,500

$0.0452

Elite

$675

16,000

$0.0422

Max

$850

21,250

$0.0400

Enterprise

$1,000

26,667

$0.0375

Custom

Quote-based

Variable

Variable


Other products are priced as listed on the enrollment form on a per location basis.


6. TIER MOVEMENT Boostly will automatically adjust Customer's tier under the following conditions:

  • Initial Signup Exception: During initial subscriber invitation, if subscriber count is likely to cause Customer to exceed the Starter Package credit allocation, Boostly will immediately upgrade Customer to appropriate tier

  • Automatic Upgrade: If credit usage exceeds 120% of current tier allocation for two consecutive billing cycles, Customer will be moved to the tier corresponding with their average monthly usage

  • Voluntary Changes: Customer may request tier upgrades with changes effective at next billing cycle


7. NOTIFICATION AND SAVINGS PROTECTION

Boostly will provide written notice via email at least 7 days prior to billing date when automatic tier adjustments will occur. These proactive tier adjustments ensure Customer always receives the most cost-effective pricing based on actual usage patterns, maximizing value through optimized tier selection.


8. OVERAGE BILLING Monthly credit usage exceeding tier allocation will be billed as Overage Credits at the applicable rate, charged in arrears on the following billing cycle


9. TERM

The Term of this Agreement (the “Term”) shall begin on the date of this Agreement and continue for a period of 12 months, unless otherwise specified on the enrollment form. The Term shall then automatically renew for successive 12-month periods (“Term Periods”) unless User provides written notice to the contrary prior to the end of the expiring period, in which case, the Term will terminate automatically without penalty at the end of such expiring period.


10. SMS MONEY-BACK GUARANTEE

If the Customer has fully paid the launch fee and Boostly completes the agreed-upon launch services—including setup, campaign execution, and the sending of marketing messages—then the Customer may be eligible for a full refund of the launch cost only if the following condition is met: The total gross revenue directly attributable to the launch campaign (as measured by tracking links, promo codes, or documented customer sales responses during the 30-day period following the initial campaign launch) does not exceed the total launch fee paid by the Customer. To qualify for this refund, the Customer must: Provide reasonable cooperation in the launch process and campaign implementation; Not interfere with or alter the campaign’s execution, messaging, or timelines; Submit a written refund request within 30 days of campaign launch completion. Boostly reserves the right to audit and verify revenue attribution using reasonable tracking methods, including POS reports, text campaign analytics, and any other applicable systems used to measure campaign results. If the above conditions are met, Boostly will issue a full refund of the launch cost and associated subscription fees for the SMS Marketing Product.


11. CUSTOMER ACKNOWLEDGMENT Customer acknowledges receipt of this Pricing Schedule, understands the tier adjustment process, and agrees to automatic adjustments as outlined.