Legal
These terms govern the use of NexBroad Reach. They are written to be read rather than skipped, because the sending obligations in section 7 decide whether an account survives its first month, and most disputes we expect to have will start there.
This is an agreement between NexBroad Technologies Inc., a Canadian corporation, and the organisation that opens a NexBroad Reach account. In these terms, “we” and “us” mean NexBroad, and “you” means that organisation, whether it is a company, a clinic, a school, a charity, an association or a public body.
By creating an account you accept these terms and our Privacy Policy. If you are accepting on behalf of a company, you confirm you have the authority to bind it. If you do not have that authority, do not create the account.
NexBroad Reach lets an organisation send SMS, MMS and automated voice broadcasts to people who have agreed to hear from it, receive replies in a shared inbox, and see real delivery results. We provide the software, the phone numbers, the carrier connectivity and the compliance machinery around it.
Who you are allowed to contact is not a fixed list. Customers, patients, students, parents, members, donors, residents, volunteers, contractors, applicants and your own team are all ordinary uses of the platform, and so is any other group that has agreed to hear from you. Nothing in these terms should be read as limiting you to a particular kind of recipient. The test is section 7, which is about consent and content rather than about who the person is to you.
What we do not provide is an audience. We never supply contact lists, we never message anyone on our own initiative, and we have no relationship with the people you contact. The service is sold for organisational use rather than personal use, and an individual cannot open an account to message their own contacts.
You must be at least 18 years old and acting for a real organisation. Registration requires a working email address and a working mobile number, and we verify both with a code before the account exists. Account details must be accurate and kept current, because carrier filings are made from them and a filing built on stale information fails.
You are responsible for everything done under your account, including by your staff. Keep credentials private, give each person their own login, and tell us promptly if you think an account has been compromised.
Holding an account means we will contact you about it. Verification codes, security alerts, billing receipts, service interruptions and changes to these documents are sent by email and, where the message is about your phone number or your sign in, by text. These are not marketing and there is no unsubscribe from them while the account is open, because an account we cannot reach is an account we cannot secure. Marketing is a separate consent, asked for separately, and you can withdraw it without affecting the product.
A new account starts with 25 credits so that you can watch the product work on your own phone before you spend anything. The trial is a demonstration, not a small plan, and it is deliberately fenced.
During the trial the only number you can send to is the mobile number you verified when you registered, the one that received your signup code. Not a second number you add later, not a colleague’s phone, not a customer’s. The platform will not accept any other destination, and the restriction is enforced on our servers rather than in the interface.
Only the org admin who opened the account, and the broadcasters that admin adds to it, can run a trial broadcast. This is the whole of the trial: the person responsible for the account, sending to the handset in their own hand.
The trial restriction lifts when three things have happened, and not before: you complete the onboarding flow and your business profile is filed and approved by the carriers and registries that authorise business messaging, you buy credits, and a phone number is assigned to your organisation. From that point you send from your own number, under your own registration, to your own audience, subject to section 7 and to our Responsible Use policy. There is no other route out of the trial.
The reason for all of this is worth stating plainly. Trial traffic runs on NexBroad’s own carrier registration rather than on yours, so a trial message sent to a stranger is a message the carriers hold us responsible for, and the damage lands on every customer on this platform rather than on the account that caused it. Attempting to reach any number other than your verified one is treated as a deliberate breach and results in immediate suspension.
NexBroad Reach is prepaid. You buy credits in one time packs and spend them as you send. There is no monthly subscription and no charge for simply having an account.
The rate per credit is set by the size of a single purchase, from 6 cents per credit on the smallest pack down to 3 cents on the largest. The current brackets are shown on our pricing section before you pay. Prices are in US dollars unless stated otherwise, and applicable taxes are added at checkout.
| Action | Credits |
|---|---|
| Outbound SMS | 1 per segment. Long messages are split into segments by the carriers, and each segment is charged |
| Outbound voice | 2 per started minute |
| Outbound MMS | 3 per message |
| Inbound messages and replies | Free |
| Phone numbers | The first number is included. Every 5,000 credits purchased unlocks one more |
Credits do not expire. Credits are charged when a message is accepted for delivery by the carrier, which is the point at which the cost is incurred, so a message that is accepted and later rejected further down the chain is still charged. Credits have no cash value, cannot be transferred between accounts, and are not refundable except where Canadian consumer law requires a refund or where we have billed you in error. If we have billed you in error, tell us and we will correct it without argument.
Numbers are assigned to your account for as long as the account is active and in good standing. You do not own them, and they remain subject to carrier and regulator rules on how they can be used.
If you close your account, or we close it, we hold your numbers for 30 days in case you come back. After that they are released to the carrier. For roughly a further fortnight the number can usually be bought back, and after that it ages and returns to general inventory, at which point it is gone. Nobody guarantees that window, so if a number is printed on a vehicle or a shopfront, tell us inside the 30 days rather than relying on the grace period after it.
A number released from your account is never handed to another NexBroad customer. The carriers hold opt-out history and campaign association against the number itself, so reassigning it would either silently suppress a new sender’s messages or push them at people who had blocked someone else. That costs us inventory and we accept the cost.
Numbers cost us money every month whether or not they are used. If an account has sent nothing and bought nothing for twelve consecutive months, we may reclaim its assigned numbers after giving 30 days notice by email, and we will tell you exactly which numbers are affected and by when. Your credits are not touched by this. Credits do not expire, and dormancy does not take them.
This is the section that matters. At the carrier layer you are the sender of record. Your business identity is filed, your consent practices are what the carriers assess, and your traffic is what they judge. We build the controls, and we enforce them, but we cannot know whether a given phone number agreed to hear from you. Only you can.
Our Responsible Use policy forms part of these terms and you agree to it by opening an account. It carries the operational detail: consent, identification, opt-out handling, sending hours, the full list of content we will not carry, the restrictions on voice broadcasts, and the prohibitions on political and election messaging and on fundraising by anyone other than a registered charity. Where that policy is more specific than this section, it governs. We keep the two apart because carrier rules change on a schedule that has nothing to do with commercial terms, and we would rather revise the sending rules quickly than leave them stale inside a contract.
Before you message anyone you must hold their prior express consent, given by that person, for the kind of messages you intend to send. Consent must be recorded with the date, the method, the wording shown at the time, and enough identifying detail to link it to the number. You must produce that record on request, whether the request comes from us, a carrier or a regulator. Consent obtained by someone else does not transfer to you. Purchased, rented, scraped and inherited lists are prohibited outright.
Every message must identify your business, must match the sample content filed for your account, and must tell recipients how to stop. You must respect the calling and messaging hours that apply where the recipient is, not where you are.
The following categories are not permitted on the platform. Some are illegal, and the rest will get an entire brand blocked by the carriers regardless of how the individual message is worded.
The Responsible Use policy carries the full list and the reasoning behind it. If something you want to send is not obviously on either list, ask us before you send it.
SMS and automated voice are not secure channels, and you must not use them to send payment card numbers, bank details, passwords, one time codes for other systems, or government identification numbers including social insurance and social security numbers.
The platform is not offered as a compliant channel for protected health information, and we do not enter into business associate agreements by default. If your use case touches health information beyond confirming that an appointment exists, raise it with us in writing before you send anything so we can agree what is appropriate. Sending it without that agreement is a breach of these terms, and the responsibility for the disclosure is yours.
You must publish a privacy policy and terms on a website you control, at a public URL, before your account is filed with the carriers. Those documents must state that consent is not shared, explain how people opt out, and describe how you handle the phone numbers you collect. Ours do not cover you. Carriers check yours.
The platform handles several compliance mechanics for you. Replies of STOP, UNSUBSCRIBE and similar words are honoured automatically and the number is blocked from further sends across your account. HELP replies return your identity and contact details. Message content is screened automatically before it goes out. Throughput is held to the limits your carrier registration allows, and consent and opt-out evidence is stored against the retention schedule in our Privacy Policy.
None of that transfers your responsibility to us. Automated screening is a filter, not an approval, and a message that passes it is still your message. We may refuse or delay any send, and we may decline to file a business profile, without owing you a reason beyond the one we give.
We suspend accounts in two different ways, and the difference is deliberate.
Sending without valid consent, prohibited content, fraud, impersonation, a carrier or regulator complaint, a legal demand, or any attempt to work around the platform controls results in immediate suspension. We tell you afterwards and explain what happened. We do it in this order because the alternative is continuing to send traffic that puts every other customer on the platform at risk.
Everything else, including incomplete or inaccurate business details, a failed filing, or a documentation gap, gets written notice and 48 hours to put right before any suspension takes effect.
You may close your account at any time. Unused credits are not refunded on closure. We may terminate an account with 30 days notice if we stop offering the service, and immediately for the conduct described above. On termination your access ends, your numbers follow section 6, and your compliance records are retained as described in the Privacy Policy.
Traffic that breaches section 7 or the Responsible Use policy does not just get stopped. It generates carrier penalties, registry fees, regulatory correspondence and, in the worst cases, a filtering action against the registration our other customers also depend on. Where your sending causes us a cost of that kind, including fines, fees, and the reasonable cost of the work we do responding to a complaint or an investigation, you will reimburse us for it. We will show you what it was and where it came from rather than send you a number.
We would rather not use this clause. It exists so that the cost of one account’s misconduct does not quietly become a cost shared by everyone else on the platform.
We aim to keep the service running continuously and we will give advance notice of planned maintenance where we can. We do not offer an uptime guarantee at this stage, and we would rather say so than publish a number we have not earned.
Message delivery depends on mobile carriers and on the messaging registries that authorise business traffic. We do not control them and we do not guarantee that any particular message arrives, how quickly it arrives, or that a registration will be approved or approved within any timeframe. What we do guarantee is that we report what actually happened, including failures and their reasons, rather than showing you a green tick the carrier never sent.
Your contacts, your message content and the results of your campaigns are yours. We hold them on your behalf, we use them to run the service and to meet our own legal and carrier obligations, and we do not use them to build products, audiences or models for anyone else. You can export your data while the account is open.
The platform itself, including the software, interfaces and documentation, stays ours. You get a non exclusive right to use it for the duration of the agreement. You must not copy it, resell access to it, or reverse engineer it.
If you send us a suggestion, a bug report or an idea for the product, we may act on it and build it without owing you anything for it. We are not going to run a process for deciding who first proposed a better inbox. Nothing in this paragraph gives us any right to your contacts, your message content or your business data, which stay yours under the paragraph above.
The service is provided as it is. To the extent the law allows, we exclude implied warranties of merchantability, fitness for a particular purpose and non infringement.
Neither party is liable for indirect, incidental or consequential loss, or for lost profits, revenue or goodwill. Our total liability for any claim arising out of this agreement is limited to the amount you paid us in the twelve months before the claim arose. Nothing in this section limits liability that cannot be limited by law.
You will indemnify us against claims, penalties and reasonable costs arising from the messages you send, the consent you did or did not hold, the content of those messages, and your breach of section 7. We carry the platform risk. You carry the risk of what you send, because it is the only risk you control.
We give you notice by email to the address on the account, by a message inside the platform, or by posting to this website, and any of those counts as delivered. Keeping that address current and monitored is your responsibility, and a suspension notice that bounced is still a notice we gave. You give us notice by writing to hello@nexbroad.com.
We may change these terms, the Privacy Policy and the Responsible Use policy as the product and the carrier rules change. For material changes we give account holders at least 30 days notice by email before they take effect, and the effective date at the top of each page always tells you which version is current. If you do not accept a change, close your account before it takes effect.
One exception, and we would rather name it than bury it. Where a carrier, a registry or a regulator imposes a rule on us with less than 30 days notice, the Responsible Use policy can change on their timetable rather than ours. We will tell you as soon as we know.
This agreement is governed by the laws of Canada and of the province in which NexBroad Technologies Inc. maintains its registered office, and the courts of that province have jurisdiction.
Before filing anything, write to us and give us 30 days to resolve it. Most disagreements in this business are settled by two people reading the same delivery log, and we would rather spend the half hour. If that fails, either of us may go to court.
A claim arising out of this agreement must be brought within one year of the date it arose, to the extent the law allows a limitation period to be shortened by agreement. Messaging evidence is retained on the schedule in our Privacy Policy, and a dispute raised long after those records have been deleted is one neither side can prove.
NexBroad Technologies Inc. hello@nexbroad.com