Communications & Messaging Terms

Effective 2026-06-11 · last updated 2026-06-11

These Communications & Messaging Terms (the "Messaging Terms") govern your use of Tarmac's calling, texting, and related communications features. They are part of, and incorporated by reference into, the main Tarmac Terms of Service ("ToS"). If anything here conflicts with the ToS on a communications-specific point, these Messaging Terms control. Capitalized terms not defined here have the meaning given in the ToS. In these Messaging Terms, "Tarmac," "we," "us," and "our" mean the Tarmac service operated by Luigi (go-tarmac.com; app at app.go-tarmac.com); "you," "your," and "Customer" mean the workspace and the people who use it.

1 · Scope

These Messaging Terms apply to every outbound communication you place or send through Tarmac, including:

• voice calls placed through the Tarmac dialer (including parallel/power-dial sessions, transfers, and call recording or transcription where you enable it);
• SMS and MMS text messages, including 1:1 texts sent from your workspace;
• any future communication channel we add (for example new messaging or voice features), once you use it.

Tarmac uses Twilio as its underlying telephony and messaging carrier-connectivity provider; SMS/MMS is delivered over the A2P 10DLC framework in the United States. Your use of those underlying services through Tarmac is also subject to the applicable carrier and Twilio acceptable-use requirements, which can change from time to time.

2 · You are the initiator

You — not Tarmac — are the sender, initiator, and "maker" of every call and the sender of every message placed or sent through the service. Tarmac is a software platform and communications conduit that transmits your communications at your direction. For each communication, you decide:

• who receives it — you select, upload, import, or queue the recipients;
• what it says — you author, choose, or approve the script, message body, and any attachment; and
• when it goes — you choose the timing and initiate the send, dial, or session.

Tarmac does not originate communications of its own to your prospects, does not choose your recipients, and does not author your message content. Convenience features such as saved templates, cadence steps, suggested send windows, or queued lists are tools that act only on the recipients and content you supply and only when you initiate them. You remain the party legally responsible for each communication.

Why this matters: U.S. telemarketing law assigns liability to the party that "initiates" or "makes" a call or text. These terms reflect, and you agree to, the allocation that you are that party. This is a contractual allocation between you and Tarmac; it does not by itself decide how a court or regulator would characterize any specific communication.

3 · Your representations & warranties

Each time you place a call or send a message through Tarmac, you represent and warrant that:

Lawful basis & consent

• you have a lawful basis to contact each recipient, and you hold every consent the law requires for that contact — including prior express written consent where it is required for marketing or advertising calls or texts;
• for any multi-recipient or batch send (for example, selecting a list of contacts to text at once), you hold the required consent for every recipient in the batch; choosing the recipients and starting the send makes you the initiator of each individual message, and you separately represent that you hold consent for each one. Tarmac selects no recipients and sends nothing of its own accord;
• you maintain records sufficient to prove that consent, and you will produce them if challenged.

Telemarketing & messaging law

• your communications comply with the federal Telephone Consumer Protection Act (TCPA) and its implementing rules, the FTC Telemarketing Sales Rule (TSR), and — for email — the CAN-SPAM Act;
• your text messaging follows the CTIA Messaging Principles & Best Practices and applicable carrier requirements;
• your communications comply with applicable state telemarketing and "mini-TCPA" laws, including, as examples and without limitation, the Florida Telephone Solicitation Act (FTSA), the Oklahoma Telephone Solicitation Act, and the Washington Commercial Electronic Mail / telephone solicitation statutes, as well as any other state law applicable to a recipient you contact.

Do-Not-Call & suppression

• you are responsible for scrubbing your recipients against the National Do-Not-Call Registry, applicable state DNC lists, and your own internal do-not-contact and prior-opt-out lists, before you contact them;
• you will not contact anyone who has asked you, or asked Tarmac, to stop.

Identification & timing

• your caller ID and sender identity are accurate and registered to you or your organization — no spoofing, no misleading, borrowed, or "neighbor-spoofed" numbers;
• you contact recipients only during permitted calling/texting hours for the recipient's location (generally 8:00 a.m.–9:00 p.m. local time under the TCPA, and narrower where state law requires), and you account for the recipient's time zone.

Recording & transcription

• where you enable call recording or transcription, you obtain every consent the law requires, including all-party (two-party) consent in states such as California, Florida, Pennsylvania, and others, before recording.

You are solely responsible for determining which of these laws apply to your campaigns and for complying with them. The lists above are examples to orient you; they are not a complete statement of the law, and they are not legal advice.

4 · Acceptable use

In connection with communications, you will not:

• send SHAFT content over SMS/MMS — material relating to Sex, Hate, Alcohol, Firearms, or Tobacco (including cannabis/CBD and vaping) — which carriers prohibit on standard messaging;
• send harassing, threatening, abusive, deceptive, fraudulent, or knowingly false content;
• send unlawful content or content that violates a third party's rights;
• attempt to circumvent or defeat opt-out handling (for example, re-adding a number that replied STOP, routing around suppression, or rotating numbers to evade a block);
• use the service to send automated bulk blasts or untargeted mass campaigns except through features Tarmac expressly provides for that purpose and within their stated limits;
• exceed messaging volumes or throughput in a way that violates carrier rules, your A2P 10DLC campaign registration, or these terms.

5 · Opt-out handling

Tarmac automatically processes standard messaging opt-out and help keywords. When a recipient replies with STOP (or a recognized variant such as STOPALL, UNSUBSCRIBE, CANCEL, END, or QUIT), we suppress that number from further messaging in your workspace; replies of HELP or INFO return a standard help response. Opt-outs are honored workspace-wide: once a number opts out, it is suppressed across your seats and campaigns, not just for the sender who last contacted it.

You must not attempt to bypass, disable, delay, or override opt-out suppression, and you must honor any opt-out a recipient communicates to you by any means (verbally, by reply, by email, or otherwise), even if it did not flow through the automatic keyword handler. Opt-out processing is a convenience that helps you comply; it does not relieve you of your independent legal duty to honor revocation of consent.

6 · Tarmac's rights & what we don't control

To protect the platform, our carrier relationships, and other customers, Tarmac may:

• monitor aggregate complaint rates, opt-out rates, error/undeliverable rates, spam-flag rates, and similar signals across messaging and calling traffic;
• throttle, suspend, or terminate your access to messaging and/or calling — for a number, a campaign, or your whole workspace — with or without notice, where we reasonably believe there is abuse, a violation of these terms, elevated complaint or error rates, a security or fraud risk, or where a carrier, messaging aggregator, or regulator requires it;
• require, review, and rely on the accuracy of your registration data.

A2P 10DLC registration. Your brand and campaign registration details (business identity, EIN/Tax ID, use case, sample messages, opt-in description, traffic volume) must be accurate, current, and truthful. Carriers and the registry rely on this information; inaccurate or misleading registration can get your traffic filtered, your campaign rejected, or your numbers blocked, and may itself violate carrier rules. You are responsible for keeping this information correct and for promptly updating it when it changes.

What we don't control. Carrier and aggregator message filtering, blocking, and deliverability are outside Tarmac's control. Carriers may filter, delay, re-order, label as spam, or refuse to deliver messages and may block calls for reasons we cannot see or influence. Tarmac does not guarantee deliverability, delivery speed, delivery receipts, answer rates, or that any communication will reach or be answered by its recipient.

7 · Fees

• Texting activation / setup fee. Enabling texting may require a one-time activation or setup fee that covers A2P 10DLC brand and campaign registration work. This fee is non-refundable once registration work begins, including where a carrier or the registry later rejects, delays, or limits your registration for reasons outside Tarmac's control.
• Usage fees. Per-message and per-minute usage fees apply at the rates listed in the app or your order, and are billed in addition to your subscription.
• Carrier surcharges pass through. Carrier, aggregator, and regulatory surcharges and per-message carrier fees (which the carriers set and change) are passed through to you at cost or as listed.

Except as expressly stated here or in the ToS, communications fees, surcharges, and activation fees are non-refundable. This section supplements the billing terms in the ToS.

8 · Indemnification

You will defend, indemnify, and hold harmless Tarmac and its owner, operators, employees, contractors, and agents (the "Tarmac Parties") from and against any and all third-party claims, demands, suits, regulatory or governmental actions, investigations, carrier or aggregator fines or penalties, and any resulting liabilities, judgments, settlements, statutory damages, fines, penalties, losses, costs, and expenses (including reasonable attorneys' fees and the costs of defense) that arise out of or relate to:

• any communication you place or send through the service;
• your recipients, recipient lists, content, timing, consent records, or registration data;
• your breach of these Messaging Terms or your representations and warranties; or
• your violation of the TCPA, the FTSA or any other state telemarketing or mini-TCPA law, the TSR, CAN-SPAM, CTIA principles, DNC requirements, recording-consent laws, or any other law applicable to your communications.

This expressly includes class actions and representative actions (including TCPA and FTSA class claims), in which statutory damages — for example the TCPA's $500–$1,500 per-message/per-call range — and attorneys' fees and costs can be substantial. We may, at our option and your expense, participate in the defense with counsel of our choosing; you will not settle any claim in a way that imposes any obligation or admission on a Tarmac Party without our prior written consent. This indemnity survives termination.

9 · Disclaimers & liability cap

The communications features are provided "AS IS" and "AS AVAILABLE." To the fullest extent permitted by law, Tarmac disclaims all warranties, express or implied, for these features, including merchantability, fitness for a particular purpose, and non-infringement, and any warranty as to deliverability, complaint or block rates, or compliance outcomes.

Liability cap. To the fullest extent permitted by law, the total aggregate liability of the Tarmac Parties arising out of or relating to the communications features and these Messaging Terms will not exceed the greater of $100 or the amounts you paid to Tarmac in the 12 months preceding the event giving rise to the claim. This cap is consistent with, and not in addition to, the overall liability cap in the ToS.

No indirect or statutory-multiple damages. To the fullest extent permitted by law, the Tarmac Parties will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, for lost profits, revenue, data, or goodwill, or for any statutory, treble, or multiplied damages, even if advised of the possibility. These limits do not apply where they are not permitted by applicable law.

10 · Changes, severability & governing law

Changes. We may update these Messaging Terms as the product, carriers, or the law change. Material changes take effect when we post the updated terms (and, where practical, we'll note the change in-app). Your continued use of the communications features after an update means you accept the updated terms.

Severability. If any provision of these Messaging Terms is held unenforceable, the rest remain in effect, and the unenforceable provision is modified to the minimum extent needed to make it enforceable while preserving its intent.

Governing law. These Messaging Terms are governed by the laws of the State of California, without regard to its conflict-of-laws rules, consistent with the ToS. Nothing here waives any non-waivable consumer protection of the recipient's home jurisdiction as it applies between you and your recipients.

11 · Acceptance

You accept these Messaging Terms when an authorized workspace administrator enables texting — by checking the activation consent box and paying the texting activation fee — or otherwise uses the communications features. By doing so, that administrator confirms they are authorized to bind the workspace and to accept these terms (including the consent responsibility and indemnification above) on its behalf. Your acceptance, including the admin, workspace, and timestamp, is recorded.