Welcome to Project Blue, a product of Project Blue Services LLC.
These Terms of Service (“Terms” or “Agreement”) constitute a legally binding agreement between Project Blue Services LLC (doing business as “Project Blue”, “we,” “us,” or “our”) and the individual or entity (“Customer,” “you,” or “User”) who registers for or uses our message transmission and communications platform (“Services”).
By registering for or using our Services, you confirm that you are authorized to enter into this Agreement on behalf of yourself or your organization. These Terms govern all Users of our Services and supersede any prior agreements.
By clicking “I Accept,” paying any fees (including a setup fee), or using our Services in any manner, you agree to be bound by these Terms. If you do not agree, do not access, pay for, or use our Services. This Agreement includes a mandatory arbitration provision that waives your right to a jury trial or participation in a class action.
Project Blue provides a message transmission and communications infrastructure platform. Project Blue transmits messages and places calls at Customer’s direction and on Customer’s behalf.
Customer, and not Project Blue, determines and controls: (a) the identity of each recipient and the source of each recipient’s contact information; (b) the content of each message; (c) the timing, frequency and sequencing of each message; (d) the campaign, workflow, automation and trigger logic that causes a message to be sent, whether configured in Customer’s own systems, another third-party application, or a Project Blue interface; and (e) whether, and on what legal basis, each recipient has consented to be contacted.
Project Blue does not select recipients, author message content, create or operate Customer’s outreach campaigns, or determine when a message is sent. Project Blue does not review, approve, monitor or edit message content prior to transmission and has no obligation to do so. As between Customer and Project Blue, Customer is the sole initiator and sender of every message transmitted through the Services.
In these Terms:
To access our Services, Users must create an account or provide the necessary information directly to Project Blue.
Notwithstanding anything to the contrary in these Terms, Project Blue may suspend or terminate Customer’s access to the Services, in whole or in part, immediately and without prior notice or any opportunity to cure, if Project Blue reasonably determines that: (a) Customer has breached Section 4 or Section 13; (b) Customer’s traffic has generated complaint rates, opt-out rates, spam classifications, or carrier or aggregator flags that Project Blue considers excessive; (c) a carrier, messaging aggregator, regulator, or platform or device provider has requested or required suspension; (d) Customer is the subject of a claim, demand, subpoena or investigation relating to its messaging or calling practices; or (e) continued transmission on Customer’s behalf presents a legal, regulatory, carrier-relationship or reputational risk to Project Blue.
Suspension or termination under this Section does not relieve Customer of any payment obligation, does not entitle Customer to any refund, and does not constitute a breach of these Terms by Project Blue.
By using the Services, Customer agrees not to, and not to permit any of its users, clients, sub-accounts or end customers to:
Customer is responsible for the acts and omissions of its users, clients, sub-accounts and end customers under this Section as if they were Customer’s own. Project Blue may suspend or terminate accounts for violations of these restrictions and take necessary actions to prevent misuse.
This Section describes text messages that Project Blue Services LLC, doing business as Project Blue, sends from its own business phone numbers to its own prospects and customers. It does not govern messages a Customer sends through the Services to its own recipients.
By enrolling in a Project Blue subscription, you authorize Project Blue to charge your selected payment method on a recurring basis at the frequency disclosed at checkout (monthly, annual, or otherwise).
Subscriptions automatically renew at the end of each billing period unless canceled prior to renewal. All fees are charged in advance and are due immediately upon invoice issuance or renewal.
You may cancel your subscription at any time through your account portal or by contacting customer support.
Cancellations take effect at the end of the current billing period. You will retain access to the Services through the remainder of the paid term.
Failure to cancel prior to renewal does not entitle you to a refund for any charges incurred.
All payments are non-refundable once a billing period has begun.
We do not issue refunds for:
Subscription fees are charged for access to the Services, not based on actual usage. Lack of use does not entitle a Customer to a refund.
In rare cases, Project Blue may issue a partial refund as a one-time courtesy, at our sole discretion. Any such refund:
Setup, onboarding, and implementation fees are non-refundable once work has commenced.
In certain cases, Project Blue may waive or discount setup or onboarding fees in exchange for a minimum subscription commitment. If the Customer terminates the Services before the agreed commitment term is fulfilled, Project Blue reserves the right to:
These charges represent a reasonable estimate of onboarding, compliance, and operational costs.
If a Customer terminates Services before the end of an agreed subscription commitment term, the Customer agrees to pay a termination charge equal to:
This termination charge represents liquidated damages, not a penalty, and reflects a reasonable estimate of Project Blue’s lost revenue and costs incurred due to early termination.
Project Blue is not a law firm and does not provide legal, regulatory or compliance advice. Any documentation, template, onboarding assistance, support communication, training material, best-practice guidance or configuration recommendation provided by Project Blue or its personnel is offered for general informational and technical convenience only, is not a legal opinion, and is not a representation that Customer’s use of the Services complies with any law.
No statement by any Project Blue employee, contractor or representative shall be construed as approving, endorsing, certifying or warranting the legality of any message, recipient list, consent practice, campaign or sending pattern. Customer is solely responsible for obtaining its own legal advice and for determining whether its use of the Services complies with Applicable Law. Project Blue makes no representation or warranty that the Services, or Customer’s use of them, are or will be compliant with the Telephone Consumer Protection Act or any other law.
Customer acknowledges that the messaging and calling functionality of the Services depends on Third-Party Providers that Project Blue does not control, including Apple, Inc., mobile network operators, messaging aggregators, and recipient devices and systems. Transmission, routing, delivery, timing and presentation of messages are subject to the technical, operational and policy constraints of those Third-Party Providers. Project Blue does not control and is not responsible for the performance, availability, filtering practices, classification decisions, account actions, or operational or policy decisions of any Third-Party Provider.
Customer’s use of the Services may be subject to message volume caps, daily or rolling send limits, throughput and rate limits, sending-identity restrictions, registration requirements, device or account limits, and similar controls imposed by Third-Party Providers (“Third-Party Limits”). Third-Party Limits are established and enforced solely by the applicable Third-Party Provider, may be undocumented, and may change at any time with or without notice. Project Blue does not set, control, publish or guarantee the applicability, consistency or enforcement of any Third-Party Limit.
If Customer’s sending volume, content or patterns exceed or approach any Third-Party Limit, or trigger any Third-Party Provider’s abuse, spam or trust-and-safety systems, messages may be queued, delayed, deprioritized, throttled, rejected, filtered, blocked, downgraded to another channel, or classified as spam or promotional, and sending identities, lines, accounts or devices may be rate-limited, restricted, suspended or terminated by the Third-Party Provider. Project Blue has no responsibility or liability for any such outcome.
Project Blue does not guarantee message delivery, delivery timing, channel selection, routing, prioritization, deliverability outcomes, sender reputation, or the continued availability of any sending identity, line or channel. Project Blue makes no commitment that any particular volume of messages can be sent through any channel.
Project Blue may provide documentation, recommendations or operational guidance intended to help Customer improve deliverability or reduce the likelihood of filtering, throttling or restriction. Such guidance is informational only, is not a warranty of any outcome, and does not shift responsibility to Project Blue.
Project Blue may implement technical safeguards within the Services — including rate limiting, queuing, volume caps and traffic shaping — to protect the integrity, stability, security and standing of the Services, to comply with Carrier Requirements, or to mitigate abuse, fraud or operational risk, and may do so without prior notice.
To the fullest extent permitted by law, Project Blue shall not be liable for any damages, losses, or claims arising from Third-Party Provider actions or disruptions, whether direct or indirect. This limitation also applies to events beyond Project Blue’s reasonable control, including acts of God, natural disasters, power outages, internet failures, governmental actions, or failures of Third-Party Providers.
To the fullest extent permitted by law, Project Blue’s total liability is limited to the amount paid by you for the Services in the six months preceding the claim. Project Blue is not liable for indirect, incidental, or consequential damages.
The limitations and exclusions in this Section 11 do not apply to Customer’s obligations under Section 14 (Indemnification), Section 15 (Legal Process), or Customer’s payment obligations under these Terms. Project Blue shall have no liability for any fine, penalty, statutory damages award or settlement imposed on or agreed to by Customer arising from Customer’s messaging or calling practices.
Customer represents, warrants and covenants, on a continuing basis for so long as it uses the Services, that:
Customer will promptly and reasonably cooperate with Project Blue, its suppliers, carriers, aggregators, platform providers, regulators and law enforcement in connection with investigations of suspected violations of Applicable Law or Carrier Requirements, carrier or platform inquiries, and requests for proof of consent. Upon request, Customer will provide within five (5) business days documentation reasonably necessary to demonstrate compliance, including consent records, message templates, sending identities, opt-in flows, privacy notices, list sources and complaint-handling procedures.
If Project Blue reasonably believes Customer is violating these Terms or Carrier Requirements, or if a carrier, platform provider, supplier or regulator requires it, Customer will permit Project Blue to conduct a limited audit of Customer’s relevant records and processes, remotely where feasible, subject to reasonable confidentiality protections. Failure to cooperate under this Section is grounds for immediate suspension under Section 3.
Customer shall defend, indemnify and hold harmless Project Blue Services LLC and its affiliates, officers, directors, members, employees, contractors and agents (each a “Project Blue Indemnitee”) from and against any and all claims, demands, actions, investigations, subpoenas, proceedings, arbitrations, damages, judgments, awards, settlements, fines, penalties, losses, liabilities, costs and expenses — including reasonable attorneys’ fees, expert fees, electronic discovery costs and costs of investigation and defense — arising out of or relating to:
Customer’s obligations under this Section 14 apply in full to claims brought on a class, collective, mass-action or representative basis, and to claims brought by or on behalf of multiple recipients, regardless of the number of claimants or the aggregate amount at issue.
Project Blue will notify Customer of any claim for which it seeks indemnification, provided that a failure or delay in giving notice relieves Customer of its obligations only to the extent Customer is materially prejudiced. Project Blue may, at its option and at Customer’s expense, assume or participate in the defense of any such claim using counsel of Project Blue’s choosing. Customer shall not settle any claim in a manner that imposes any obligation, payment, admission of liability or restriction on any Project Blue Indemnitee without Project Blue’s prior written consent.
Customer’s obligations under this Section 14 are excluded from, and not subject to, any limitation of liability set forth in these Terms.
For the avoidance of doubt, the indemnity in this Section 14 expressly includes: regulatory fines, penalties and assessments; claims, demands, suspensions, chargebacks, penalties and assessments by any carrier, messaging aggregator, platform provider or supplier attributable to Customer’s traffic, complaint rates, registration status, sending patterns or content; and any costs Project Blue incurs to restore deliverability, sending-identity standing, device or account standing, or platform access following an action attributable to Customer.
Where Project Blue reasonably determines that Customer’s use of the Services presents an elevated risk of indemnified claims, Project Blue may require Customer to provide reasonable assurance of its ability to perform under this Section, including a deposit, a letter of credit, or evidence of insurance covering telephone-consumer-protection claims and naming Project Blue as an additional insured.
Project Blue may respond to subpoenas, court orders, discovery requests, regulatory demands, carrier inquiries, law enforcement requests and other legal process relating to Customer’s account or Customer’s use of the Services, and may produce Customer Data in response, without liability to Customer. Where not prohibited by law or by the terms of the process itself, Project Blue will use commercially reasonable efforts to notify Customer before producing Customer Data. Project Blue has no obligation to contest, quash, narrow or object to any legal process on Customer’s behalf.
Customer shall reimburse Project Blue for all reasonable costs incurred in responding to any legal process, discovery request, preservation demand or third-party inquiry relating to Customer’s account or Customer’s use of the Services, including outside counsel fees and Project Blue personnel time billed at Project Blue’s then-current standard rate, with a minimum of one (1) hour per request. Project Blue may invoice these amounts and charge them to Customer’s payment method on file.
Upon receipt of notice of any actual or threatened claim, litigation, investigation or legal process relating to Customer’s use of the Services, Project Blue may suspend its routine deletion practices and preserve Customer Data for as long as Project Blue determines necessary, notwithstanding any deletion request by Customer. Customer shall cooperate reasonably with Project Blue in connection with any such matter, including by preserving its own records and by providing consent records under Section 13. Notices under this Section shall be sent to support@tryprojectblue.com.
Project Blue may update these Terms at any time. Updates will be posted on our website, and continued use of the Services after changes constitutes acceptance.
Sections 1, 4, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 17 survive any expiration or termination of these Terms.
If you have questions about these Terms, please contact us at:
Email: support@tryprojectblue.com
Thank you for choosing Project Blue.
