These Terms of Service ("Terms") govern your use of the Ironscale Marketing platform ("Ironscale," "we," "us," "our"). The Ironscale Marketing platform is operated by Element Real Estate Investments LLC, a Texas limited liability company doing business as Ironscale Marketing. By creating an account, starting a trial, or using our services, you agree to be bound by these Terms.
1. The service
Ironscale is a software platform that helps businesses capture leads, follow up, close deals, and run multi-channel communications including SMS, email, and voice. The platform may be updated, modified, or expanded over time at our discretion.
2. Accounts and eligibility
- You must be at least 18 years old to create an account.
- You must provide accurate, current, and complete information.
- You are responsible for maintaining the confidentiality of your login credentials.
- You are responsible for all activity that occurs under your account.
- One account per business — you may not share an account between multiple businesses or sell access to your account.
3. Free trial
We offer a 14-day free trial. During the trial, you have access to platform features as described in your selected plan. At the end of the trial, you may choose to subscribe to a paid plan, or your account will be downgraded or suspended.
4. Subscription, billing, and cancellation
- Pricing: Subscriptions are billed monthly at the rate displayed at the time of purchase.
- Payment: You authorize us to charge your selected payment method on a recurring basis.
- Cancellation: You may cancel your subscription at any time from your account settings. Cancellation takes effect at the end of the current billing period.
- Refunds: We do not offer refunds for partial months. If you cancel mid-cycle, you keep access until the end of that paid period.
- Price changes: We may change pricing with at least 30 days notice. Existing subscribers will be notified by email.
5. Acceptable use
You agree NOT to use Ironscale to:
- Send spam, unsolicited commercial messages, or any messages that violate the TCPA, CAN-SPAM Act, or carrier rules including A2P 10DLC requirements.
- Send messages to recipients who have not provided proper consent.
- Send fraudulent, deceptive, harassing, or harmful content.
- Engage in illegal activity, including but not limited to fraud, phishing, money laundering, or distribution of illegal content.
- Attempt to interfere with, disrupt, or gain unauthorized access to the platform or other users' accounts.
- Reverse-engineer, decompile, or attempt to extract source code from the platform.
- Resell or sublicense the platform without our written agreement.
Violation of acceptable use may result in immediate suspension or termination of your account without refund.
6. Your content and data
You retain ownership of all content, contacts, and data you upload or create in your Ironscale workspace ("Your Content"). You grant us a limited license to host, process, and display Your Content only as necessary to provide the service to you.
You are solely responsible for the legality, accuracy, and consent status of Your Content. In particular, you represent that any phone numbers, email addresses, or other contact information you upload or message through Ironscale have been collected with proper consent under applicable law.
7. SMS and messaging compliance
The platform uses third-party telecom carriers to send SMS and voice messages. By using these features, you agree to:
- Obtain proper opt-in consent from all recipients before sending SMS or voice messages.
- Honor opt-out requests immediately (STOP, UNSUBSCRIBE, etc.).
- Comply with A2P 10DLC registration requirements where applicable.
- Not send messages to phone numbers on the National Do Not Call Registry without verified consent.
- Indemnify Ironscale for any claims, fines, or penalties resulting from your non-compliant messaging.
8. Intellectual property
Ironscale and all related logos, designs, software, and content are owned by Ironscale Marketing and protected by copyright, trademark, and other laws. Nothing in these Terms grants you any right to our intellectual property except for the limited license to use the platform under your subscription.
9. Third-party services
The platform integrates with third-party services (telecom carriers, payment processors, analytics, etc.). Your use of those services is governed by their own terms. We are not responsible for the actions or content of third-party services.
10. Disclaimers
The platform is provided "as is" and "as available." To the maximum extent permitted by law, we disclaim all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not guarantee that the platform will be uninterrupted, error-free, or fully secure.
11. Limitation of liability
To the maximum extent permitted by law, Ironscale Marketing and its officers, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, revenue, data, or use, arising out of or in connection with your use of the platform.
Our total aggregate liability to you for any claim arising out of or relating to these Terms or the platform is limited to the amount you paid to us in the 12 months preceding the claim.
12. Indemnification
You agree to indemnify, defend, and hold harmless Ironscale Marketing from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the platform, your content, your violation of these Terms, or your violation of any law or third-party right.
13. Termination
We may suspend or terminate your access to the platform at any time, with or without cause, with or without notice. You may terminate your account at any time by canceling your subscription and contacting us. Upon termination, your right to use the platform ends immediately.
14. Governing law and disputes
These Terms are governed by the laws of State of Texas, USA, without regard to conflict-of-laws principles. Any dispute arising out of these Terms shall be resolved exclusively in the state or federal courts located in Travis County, Texas, and you consent to that jurisdiction.
15. Changes to these terms
We may update these Terms from time to time. We will post the updated version on this page and update the "Last updated" date. For material changes, we will notify you by email or through the platform. Continued use of the platform after changes take effect constitutes acceptance.
16. Contact us
Questions about these Terms? Contact us:
- Email: support@ironscalemarketing.com
- Mailing address: 623 Kashmuir Pl, San Antonio, TX 78223
- Business name: Ironscale Marketing (a DBA of Element Real Estate Investments LLC)
These Terms of Service are provided as a starting template. They are not legal advice. We strongly recommend having an attorney review and customize these terms for your specific business operations, jurisdiction, and risk profile before going live.