Effective Date: April 1, 2026 | Last Updated: April 1, 2026
These Terms of Service ("Terms") constitute a legally binding agreement between you ("Customer," "you," or "your") and EON Platform ("EON," "we," "us," or "our"), governing your access to and use of the EON platform, website, APIs, and all related services (collectively, the "Services").
By creating an account, accessing, or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and our Messaging Policy, each of which is incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Services.
If you are entering into these Terms on behalf of a business, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to these Terms, in which case "you" and "your" shall refer to that entity.
To use the Services, you must:
EON Platform provides a B2B SaaS platform that enables businesses to:
The Services are provided "as is" and "as available." We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice. We will use commercially reasonable efforts to provide advance notice of material changes.
4.1. Registration. To access the Services, you must create an account by providing accurate, current, and complete registration information. You agree to update your information promptly to keep it accurate and complete.
4.2. Account Security. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You must immediately notify us at support@eonmessaging.com of any unauthorized use of your account or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your account credentials.
4.3. Account Access. You may authorize additional users to access your account. You are responsible for ensuring that all authorized users comply with these Terms and for all actions taken by authorized users under your account.
You are solely responsible for ensuring that your use of the Services, including all messages sent through the platform, complies with all applicable federal, state, and local laws, regulations, and industry standards. Without limiting the foregoing, you specifically agree to comply with:
You shall comply with all requirements of the Telephone Consumer Protection Act, 47 U.S.C. § 227, and its implementing regulations at 47 C.F.R. § 64.1200, including but not limited to:
For email communications sent through the platform, you shall comply with the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 ("CAN-SPAM Act"), 15 U.S.C. §§ 7701-7713, and its implementing regulations at 16 C.F.R. Part 316, including but not limited to:
You shall comply with the CTIA Messaging Principles and Best Practices (as updated from time to time, including the October 2025 revision), carrier-specific messaging policies, and all applicable 10DLC (10-Digit Long Code) registration and campaign vetting requirements. For detailed requirements, see our Messaging Policy.
You are responsible for complying with all applicable state telecommunications and marketing laws, including but not limited to the California Invasion of Privacy Act (Cal. Penal Code § 630 et seq.), the Florida Telephone Solicitation Act (Fla. Stat. § 501.059), and any other state laws regulating telemarketing, text messaging, or commercial email communications.
6.1. Consent Representation. By uploading contact information to the platform or sending messages through the Services, you represent and warrant that:
6.2. Consent Record Retention. You shall maintain complete and accurate records of consent for each contact, including the date, time, method, and content of the consent, for a minimum of five (5) years or such longer period as required by applicable law. You agree to provide copies of such records to EON Platform upon request within five (5) business days.
6.3. Opt-Out Compliance. You shall honor all opt-out requests within ten (10) business days of receipt, in accordance with FCC rules effective April 11, 2025. You must accept opt-out requests through any reasonable method, including but not limited to STOP keyword replies, email requests, phone calls, and web forms. Following receipt of an opt-out request, you may send a single confirmatory message within five (5) minutes that contains no promotional content and that offers the recipient the opportunity to clarify the scope of their revocation.
7.1. Nature of AI Content. The AI message generation feature uses Anthropic's Claude API to produce personalized marketing message drafts based on the contact data and campaign parameters you provide. All AI-generated content is provided as a suggestion only and constitutes a draft for your review.
7.2. Human Review Required. You are required to review, and if necessary edit, all AI-generated message content before sending it to any recipient. You must not use any automated process to send AI-generated messages without human review and approval. You are solely responsible for the content, accuracy, and legal compliance of every message sent through the platform, regardless of whether that message was generated, in whole or in part, by AI.
7.3. No Compliance Guarantee. EON Platform does not represent or warrant that AI-generated content will comply with the TCPA, CAN-SPAM Act, CTIA guidelines, FCC rules, state laws, or any other applicable law or regulation. AI-generated content may contain errors, inaccuracies, or statements that could violate applicable law. You bear full responsibility for ensuring that all messages sent through the platform are lawful and compliant.
7.4. Data Transmission to AI Provider. By using the AI message generation feature, you acknowledge and consent to the transmission of selected contact data and campaign parameters to Anthropic for the purpose of generating message drafts. Anthropic processes this data in accordance with its Commercial API terms, under which API data is retained for up to seven (7) days for safety monitoring and is not used for model training.
7.5. AI Content Ownership. Subject to the rights of third parties, you retain ownership of the final messages you create using the Services, including messages derived from AI-generated drafts that you have reviewed and edited. EON Platform retains no ownership interest in the final message content you send to your recipients.
8.1. Data Ownership. You retain all right, title, and interest in and to the contact data you upload to the platform. EON Platform does not claim ownership of your contact data.
8.2. Data Accuracy. You are solely responsible for the accuracy, completeness, and legality of the contact data you upload, import, or otherwise provide through the Services. You represent and warrant that all contact data you provide was collected lawfully, with appropriate notice and consent.
8.3. Prohibited Contacts. You shall not upload contact information for individuals who have previously opted out of receiving messages from you, individuals under the age of eighteen (18), phone numbers listed on the National Do-Not-Call Registry (unless you have a qualifying existing business relationship or prior express written consent), or individuals from whom you have not obtained lawful consent to receive the type of communication you intend to send.
8.4. Data Processing. We process your contact data solely as necessary to provide the Services. We do not sell your contact data to third parties. Our use of your contact data is governed by our Privacy Policy.
In addition to the restrictions set forth in our Acceptable Use Policy, you shall not:
10.1. Our Intellectual Property. The Services, including all software, algorithms, user interfaces, designs, text, graphics, logos, and other content provided by EON Platform, are owned by or licensed to EON Platform and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws. These Terms do not grant you any right, title, or interest in the Services except for the limited right to use the Services in accordance with these Terms.
10.2. Your Content. You retain all right, title, and interest in and to the content you create, upload, or transmit through the Services, including contact data, message content, campaign configurations, and custom fields ("Your Content"). You grant EON Platform a non-exclusive, worldwide, royalty-free license to use, reproduce, process, and display Your Content solely as necessary to provide, maintain, and improve the Services.
10.3. Feedback. If you provide feedback, suggestions, or recommendations regarding the Services ("Feedback"), you grant EON Platform a perpetual, irrevocable, non-exclusive, royalty-free, worldwide license to use, modify, and incorporate such Feedback into the Services without restriction or obligation to you.
11.1. Fees. You agree to pay all fees associated with your use of the Services as set forth in the applicable pricing plan or order form. All fees are quoted in U.S. dollars and are non-refundable except as expressly stated otherwise.
11.2. Billing. We will bill you in accordance with the billing frequency stated in your pricing plan. You authorize us to charge your designated payment method for all fees due. If payment fails, we may suspend or terminate your access to the Services after providing you with reasonable notice and an opportunity to cure.
11.3. Taxes. All fees are exclusive of taxes. You are responsible for paying all applicable taxes, levies, and duties, excluding taxes based on our net income.
11.4. Price Changes. We may change our pricing at any time upon thirty (30) days' prior written notice. Price changes will apply to billing periods beginning after the effective date of the change.
11.5. Message Fees. Messaging fees (SMS, MMS, and email delivery charges) are billed based on actual usage and are in addition to subscription fees. Carrier surcharges and passthrough fees are subject to change without notice as they are set by carriers and third-party delivery partners.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. EON PLATFORM SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ALL WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
WITHOUT LIMITING THE FOREGOING, EON PLATFORM MAKES NO WARRANTY THAT (A) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM THE USE OF THE SERVICES, INCLUDING AI-GENERATED CONTENT, WILL BE ACCURATE, RELIABLE, OR COMPLETE; (D) ANY MESSAGES SENT THROUGH THE SERVICES WILL BE DELIVERED SUCCESSFULLY; OR (E) ANY AI-GENERATED CONTENT WILL COMPLY WITH APPLICABLE LAW, REGULATION, OR INDUSTRY STANDARDS.
13.1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EON PLATFORM, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF EON PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
13.2. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF EON PLATFORM FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNTS PAID BY YOU TO EON PLATFORM DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00).
13.3. THE LIMITATIONS IN THIS SECTION APPLY REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, AND EVEN IF EON PLATFORM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
13.4. EON PLATFORM SHALL HAVE NO LIABILITY FOR ANY DAMAGES, CLAIMS, OR LOSSES ARISING FROM (A) YOUR FAILURE TO COMPLY WITH THE TCPA, CAN-SPAM ACT, CTIA GUIDELINES, FCC RULES, OR ANY OTHER APPLICABLE LAW OR REGULATION; (B) YOUR FAILURE TO OBTAIN PROPER CONSENT FROM MESSAGE RECIPIENTS; (C) THE CONTENT OF MESSAGES YOU SEND THROUGH THE SERVICES, INCLUDING AI-GENERATED CONTENT THAT YOU REVIEWED AND APPROVED FOR SENDING; OR (D) ANY THIRD-PARTY CLAIMS ARISING FROM MESSAGES SENT THROUGH YOUR ACCOUNT.
14.1. Your Indemnification Obligations. You agree to indemnify, defend, and hold harmless EON Platform, its affiliates, and their respective officers, directors, employees, agents, and licensors (collectively, the "EON Indemnified Parties") from and against any and all claims, demands, suits, proceedings, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to:
14.2. Indemnification Procedure. We will promptly notify you of any claim subject to indemnification and provide you with reasonable cooperation in the defense of such claim at your expense. You shall not settle any claim without our prior written consent if such settlement would impose any obligation or liability on us.
15.1. Termination by You. You may terminate your account at any time by contacting us at support@eonmessaging.com or through your account settings. Termination will be effective at the end of your current billing period.
15.2. Termination by Us. We may suspend or terminate your account and access to the Services immediately, without prior notice, if: (a) you breach any provision of these Terms, the Acceptable Use Policy, or the Messaging Policy; (b) we are required to do so by law, regulation, or legal process; (c) we reasonably believe your use of the Services poses a risk of harm to us, other users, or third parties; (d) your account has been flagged for fraudulent or illegal activity; or (e) your account remains inactive for twelve (12) consecutive months.
15.3. Effect of Termination. Upon termination: (a) your right to access and use the Services will immediately cease; (b) we may delete your account data, including contact lists and message history, within thirty (30) days, subject to our data retention obligations under applicable law; (c) any fees owed prior to termination remain due and payable; and (d) the following provisions will survive termination: Sections 5, 6, 7, 10, 12, 13, 14, 16, 17, and 18.
15.4. Data Export. Prior to termination, you may request an export of your contact data and message records. We will make commercially reasonable efforts to provide such export within ten (10) business days of your request.
16.1. Governing Law. These Terms and any dispute arising out of or relating to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of laws principles.
16.2. Informal Resolution. Before initiating any formal dispute resolution proceeding, you agree to first contact us at support@eonmessaging.com and attempt to resolve the dispute informally for a period of at least thirty (30) days.
16.3. Binding Arbitration. If the dispute is not resolved informally, any controversy or claim arising out of or relating to these Terms, or the breach thereof, shall be settled by binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator in Wilmington, Delaware (or, at the mutual agreement of the parties, by remote video conference). The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
16.4. Class Action Waiver. YOU AND EON PLATFORM AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding.
16.5. Exceptions. Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidentiality obligations.
We reserve the right to modify these Terms at any time. If we make material changes, we will provide notice by posting the updated Terms on our website with a revised "Last Updated" date and, where required by law or where the changes materially impact your rights, by sending you an email notification at least thirty (30) days before the changes take effect. Your continued use of the Services after the effective date of any changes constitutes your acceptance of the modified Terms. If you do not agree to the modified Terms, you must stop using the Services and terminate your account.
18.1. Entire Agreement. These Terms, together with the Privacy Policy, Acceptable Use Policy, Messaging Policy, Cookie Policy, and any applicable order forms or service agreements, constitute the entire agreement between you and EON Platform with respect to the Services and supersede all prior or contemporaneous agreements, understandings, and communications, whether written or oral.
18.2. Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving its original intent.
18.3. Waiver. The failure of EON Platform to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of EON Platform.
18.4. Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms without restriction. Subject to the foregoing, these Terms shall be binding upon and inure to the benefit of the parties and their respective successors and permitted assigns.
18.5. Force Majeure. Neither party shall be liable for any failure or delay in performing its obligations under these Terms to the extent such failure or delay results from circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, pandemics, war, terrorism, riots, government actions, power failures, internet or telecommunications failures, or carrier outages.
18.6. Notices. All notices required or permitted under these Terms shall be in writing and shall be sent to the email address associated with your account (for notices to you) or to support@eonmessaging.com (for notices to us). Notices are deemed received when sent, provided the sender does not receive an automated error message indicating non-delivery.
18.7. No Third-Party Beneficiaries. These Terms do not create any third-party beneficiary rights in any individual or entity that is not a party to these Terms.
For questions about these Terms of Service, please contact us at:
EON Platform
EON Messaging, Inc.
Email: support@eonmessaging.com