MyTCRPlus Privacy Policy

Term And Conditions

Explains how myTCRPlus collects, protects, and uses your data while building compliance microsites for messaging programs.

Terms and Conditions | MyTCRPlus

Terms and Conditions

Effective Date: January 15, 2025
Last Updated: January 15, 2025

Service Provider

Native Chaos Holdings LLC (d/b/a myTCRPlus)

1887 Mesa Vista Dr, Henderson, NV 89014

Email: info@mytcrplus.com | Phone: 760-269-8277

1 ACCEPTANCE AND SCOPE

By accessing myTCRPlus services, websites, or compliance microsites, you acknowledge having read, understood, and agreed to these Terms and Conditions ("Terms"). These Terms constitute a binding legal agreement between you (the "Client") and Native Chaos Holdings LLC. If you lack authority to bind your organization or do not accept these Terms, discontinue use immediately.

Modification Rights: We reserve the right to modify these Terms at any time. Material changes require 30 days advance notice via email to your registered address. Continued use after the effective date constitutes acceptance of modified Terms.

2 SERVICE DESCRIPTION

myTCRPlus provides compliance microsite development, hosting, and regulatory support for business SMS/MMS messaging programs subject to 10DLC, TCR, TCPA, CTIA, and carrier policy requirements.

Core Services

  • Compliance-focused microsite development with required regulatory disclosures
  • Privacy policy, terms of service, and consent language generation
  • Sample message templates aligned with carrier best practices
  • SSL-secured hosting on enterprise-grade infrastructure
  • Security updates, software patches, and vulnerability remediation
  • Regulatory monitoring for TCPA, CTIA guideline changes, and carrier policy updates
  • Technical support and compliance consultation within plan parameters

Service Limitations

  • Services do not constitute legal advice or regulatory representation
  • We do not guarantee carrier approval or TCR vetting outcomes
  • Regulatory compliance responsibility remains with the Client
  • Third-party carrier policies outside our control may affect service utility
3 SUBSCRIPTION PLANS AND FEES

Pricing Structure

Plan Monthly Fee Setup Fee Setup Timeline
Basic $29.99 $299.00 5 business days
Standard $39.99 $399.00 2-3 business days
Plus $49.99 $499.00 2-3 business days

Basic Plan Features

  • Single microsite with standard compliance templates
  • Email support (24-hour response during business days)
  • Quarterly regulatory update reviews

Standard Plan Features

  • Single microsite with enhanced customization
  • Email support (12-hour response during business days)
  • Monthly regulatory update reviews
  • Custom branding integration

Plus Plan Features

  • Multiple microsites or advanced configurations
  • Priority support (4-hour response including weekends)
  • Monthly regulatory updates with proactive notifications
  • Advanced analytics and reporting
  • API access (if applicable)
  • Dedicated project manager

Billing Terms

Payment Processing

  • Setup fees due upon service activation
  • Monthly subscription fees billed in advance on recurring subscription date
  • Payment methods: Credit card, ACH transfer
  • Failed payments trigger account suspension after 7-day grace period
  • Suspended accounts may incur $25 reactivation fee

Refund Policy

  • Setup fees are non-refundable after microsite deployment begins
  • Monthly fees are non-refundable except as required by law
  • Cancellation does not entitle prorated refunds for current billing cycle
  • Disputed charges must be reported within 30 days

Price Adjustments

  • Price increases require 30 days advance written notice
  • Existing subscribers may maintain legacy pricing through current billing cycle
  • New feature additions may carry supplemental charges with prior notice
4 CLIENT OBLIGATIONS

Information Accuracy

  • Provide accurate business registration details (EIN, DUNS, legal entity name)
  • Supply current contact information and update within 10 days of changes
  • Ensure all provided content, branding materials, and messaging samples comply with applicable law
  • Maintain valid payment method on file

Compliance Responsibilities

  • Obtain appropriate legal counsel for TCPA, CTIA, state-specific compliance requirements
  • Implement proper consent mechanisms before initiating messaging campaigns
  • Honor opt-out requests within legally mandated timeframes
  • Maintain consent records for statutory limitation periods (4+ years recommended)
  • Use services solely for legitimate business communications

Prohibited Uses

The following uses are strictly prohibited:
  • Messaging programs violating TCPA, CAN-SPAM, state telemarketing laws
  • Spam, unsolicited marketing, or messages sent without proper consent
  • Content involving illegal activities, controlled substances, or explicit material
  • High-risk financial services (cryptocurrency, NFTs, payday loans) without express written approval
  • Lead generation, affiliate marketing, debt collection without compliance verification
  • Phishing, malware distribution, social engineering, or security testing without authorization
5 INTELLECTUAL PROPERTY RIGHTS

Client Property

  • You retain all ownership rights to trademarks, logos, brand names, and business content
  • You grant myTCRPlus non-exclusive license to use your materials solely to deliver contracted services
  • License terminates upon service cancellation with 30-day content export window

myTCRPlus Property

  • We retain ownership of proprietary templates, software, methodologies, and infrastructure
  • You receive non-transferable license to use provided templates while subscription remains active
  • Reverse engineering, decompilation, or unauthorized reproduction is prohibited

Usage Rights

  • We may create anonymized case studies excluding identifying client information
  • Marketing materials may reference general compliance outcomes without attribution
  • Client consent required for testimonials, named case studies, or logo usage
6 SERVICE LEVEL COMMITMENTS

Uptime and Availability

  • Target Uptime: 99.9% monthly uptime (excludes scheduled maintenance)
  • Monitoring: 24/7 automated monitoring with automatic failover systems
  • Scheduled Maintenance: Announced 72 hours in advance; typically conducted during low-traffic periods (2-6 AM Pacific)
  • Unscheduled Downtime: Incident response within 15 minutes of detection

Support Response Times

Plan Initial Response Resolution Target
Basic 24 hours (business days) 5 business days
Standard 12 hours (business days) 3 business days
Plus 4 hours (including weekends) 1-2 business days

Business Days: Monday-Friday, 9 AM - 6 PM Pacific, excluding federal holidays

Setup and Deployment

Plan Timeline Deliverables
Basic 5 business days Microsite deployment, standard templates
Standard 2-3 business days Custom branding, enhanced templates
Plus 2-3 business days Dedicated manager, priority deployment

Delays: Client-caused delays (late content delivery, approval bottlenecks) extend timelines accordingly.

7 DATA PROTECTION AND PRIVACY

Your use of myTCRPlus services is governed by our Privacy Policy (available at mytcrplus.com/privacy), incorporated by reference.

Data Collection

  • Account registration information (business details, contact info, billing data)
  • Usage analytics (page views, feature utilization, error logs)
  • Support communications and service requests

Data Usage

  • Service delivery and technical support
  • Regulatory compliance monitoring and updates
  • Billing and account management
  • Product improvement and analytics (anonymized)

Data Protection

  • Industry-standard encryption (TLS 1.3 for transmission, AES-256 for storage)
  • Access controls and authentication requirements
  • Regular security audits and vulnerability assessments
  • Employee confidentiality agreements

Data Retention

  • Active account data retained for service delivery duration
  • Billing records retained 7 years per tax law requirements
  • Post-cancellation: Data deleted within 90 days unless legal hold applies
  • Backup systems may retain data for additional 30 days

Data Portability

  • Export your microsite content, templates, and configurations in standard formats
  • Request export via support ticket; delivery within 10 business days
  • No charge for first export per year; $50 fee for subsequent exports

Security Breach Notification

  • Notification within 72 hours of confirmed breach affecting your data
  • Includes breach nature, data types affected, remediation measures
  • Cooperation with law enforcement and regulatory investigations
8 LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW:

Liability Cap

Our total aggregate liability for all claims arising from or related to services shall not exceed the total amount you paid for services in the 12 months immediately preceding the claim.

Excluded Damages

We are not liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including:

  • Lost profits, revenue, or business opportunities
  • Data loss or corruption (except as caused by our gross negligence)
  • Reputation damage or goodwill loss
  • Carrier rejection or campaign suspension
  • TCPA penalties or regulatory fines
  • Third-party claims arising from your messaging program

Disclaimers

  • Services provided "as is" without warranties of any kind
  • No guarantee of carrier approval, TCR vetting outcomes, or deliverability rates
  • No guarantee of regulatory compliance or legal sufficiency
  • Third-party services (carriers, TCR, hosting providers) outside our control

Allocation of Risk

These limitations reflect the allocation of risk between parties and the fees charged. Some jurisdictions limit liability exclusions; maximum limitations apply where allowed.

9 COMPLIANCE AND REGULATORY DISCLAIMER
CRITICAL: This section contains important legal limitations on our services.

Not Legal Advice

myTCRPlus provides tools, templates, and guidance designed to support compliance efforts. We do not provide legal advice, regulatory representation, or guarantee compliance outcomes. Regulations vary by:

  • Industry vertical (healthcare, finance, retail, political)
  • Message content and use case category
  • Recipient jurisdiction (state-specific telemarketing laws)
  • Carrier interpretation of policies

Client Responsibility

You are solely responsible for:

  • Obtaining qualified legal counsel for your specific situation
  • Ensuring messaging programs comply with TCPA, CTIA, CAN-SPAM, state laws
  • Implementing proper consent mechanisms and record-keeping
  • Monitoring regulatory changes affecting your program
  • Responding to consumer complaints and opt-out requests

No Guarantees

We do not guarantee:

  • Carrier approval or TCR campaign registration success
  • Specific trust score outcomes or vetting results
  • Message deliverability rates or throughput limits
  • Protection from TCPA litigation or regulatory enforcement

Regulatory Landscape

Compliance requirements include but are not limited to:

  • TCPA (47 U.S.C. § 227): Express written consent, opt-out mechanisms
  • CTIA Messaging Principles: Content restrictions, affiliate accountability
  • Carrier Policies: T-Mobile, AT&T, Verizon specific requirements
  • State Laws: Additional telemarketing restrictions in certain jurisdictions

Outcomes Variability

Approval timelines, deliverability rates, and trust scores depend on factors outside our control, including brand reputation, message content, use case category, and carrier discretion.

10 TERMINATION

By Client

  • Cancel anytime with 30 days written notice via email to info@mytcrplus.com
  • No refunds for prepaid monthly fees or setup costs
  • Service access continues through end of current billing cycle
  • Content export available for 30 days post-termination

By myTCRPlus

We may terminate or suspend services immediately for:

  • Material breach of Terms (prohibited content, illegal use)
  • Non-payment exceeding 7-day grace period
  • Fraudulent activity or misrepresentation
  • Conduct harming our systems, reputation, or other clients
  • Legal or regulatory requirement

Notice Period: Non-urgent terminations require 7 days written notice with opportunity to cure breach.

Effect of Termination

  • Immediate loss of service access upon effective date
  • All outstanding payment obligations remain due
  • Content export window: 30 days from termination date
  • Refund of prorated fees only if termination by us without cause
  • Survival of Sections 5 (IP), 8 (Liability), 9 (Compliance), 14 (Disputes)
11 DISPUTE RESOLUTION

Governing Law

These Terms are governed by Nevada state law without regard to conflict of law principles.

Informal Resolution

Before initiating formal proceedings, parties agree to attempt good-faith resolution through direct negotiation for 30 days.

Binding Arbitration

Any dispute not resolved informally shall be resolved through binding arbitration under American Arbitration Association (AAA) Commercial Arbitration Rules.

Arbitration Terms

  • Location: Las Vegas, Nevada
  • Single arbitrator selected per AAA procedures
  • Discovery limited to document exchange and one deposition per side
  • Arbitrator may award damages, injunctive relief, but not punitive damages exceeding statutory limits
  • Arbitration costs split equally; each party bears own attorney fees unless arbitrator awards otherwise

Class Action Waiver

You waive the right to participate in class action lawsuits or class-wide arbitration. Claims must be brought individually.

Small Claims Exception

Either party may bring claims in small claims court if claim qualifies and is filed individually.

Injunctive Relief

Either party may seek emergency injunctive relief in court to prevent irreparable harm pending arbitration.

12 THIRD-PARTY SERVICES

myTCRPlus utilizes third-party providers for:

  • Hosting: Cloud infrastructure providers for site hosting
  • Payment Processing: Secure payment gateways for billing
  • Email Services: Transactional and support communication platforms
  • Analytics: Usage tracking and performance monitoring (anonymized)

Third-Party Terms

Your use of our services may be subject to third-party terms. We are not responsible for third-party service failures, data breaches, or policy changes affecting functionality.

13 FORCE MAJEURE

Neither party is liable for delays or failures caused by circumstances beyond reasonable control, including:

  • Natural disasters, pandemics, acts of war or terrorism
  • Government actions, embargoes, or regulatory changes
  • Internet outages, DDoS attacks, or ISP failures
  • Third-party carrier policy changes or TCR operational issues
  • Labor strikes, supplier failures, or utility disruptions

Obligations

Affected party must provide prompt notice and use reasonable efforts to resume performance. If force majeure exceeds 60 days, either party may terminate without penalty.

14 GENERAL PROVISIONS

Entire Agreement

These Terms, together with our Privacy Policy, constitute the complete agreement between parties and supersede all prior agreements, representations, or understandings.

Severability

If any provision is held invalid or unenforceable, remaining provisions remain in full effect. Invalid provisions shall be modified to achieve intended economic effect to extent permitted.

Waiver

Failure to enforce any provision does not constitute waiver of that or any other provision. Waivers must be in writing and signed by authorized representative.

Assignment

We may assign these Terms in connection with merger, acquisition, or sale of assets. You may not assign without prior written consent.

Notices

Legal notices must be sent via email to registered address. Notices effective upon delivery confirmation or 3 business days after sending if delivery unconfirmed.

Relationship

Parties are independent contractors. These Terms do not create partnership, joint venture, employment, or agency relationship.

Headings

Section headings are for convenience only and do not affect interpretation.

15 SMS/TEXT MESSAGING CONSENT TERMS

If you consent to receive text messages from myTCRPlus:

Message Types

  • Transactional: Account notifications, security alerts, service updates (cannot opt out while service active)
  • Promotional: Product updates, feature announcements, special offers (optional, up to 2 per month)

Opt-In

By providing your mobile number, you expressly consent to receive automated text messages at that number. Consent not required for service purchase.

Opt-Out

Reply STOP to any message to unsubscribe from promotional messages. You will receive confirmation of opt-out. Transactional messages continue as required for service delivery.

Help

Reply HELP for assistance or contact info@mytcrplus.com

Carrier Charges

Message and data rates apply per your carrier plan. Contact your carrier for pricing details.

Frequency

  • Transactional: As needed for account activity
  • Promotional: Maximum 2 per month (actual frequency may vary)

Device Compatibility

Compatible with major U.S. carriers (T-Mobile, AT&T, Verizon, etc.). Check with your carrier for service availability.

Supported Carriers

AT&T, T-Mobile, Verizon, Sprint, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, and others. Carrier list subject to change.

No Guarantee

We do not guarantee message delivery. Carrier issues, device limitations, or network failures may prevent delivery.

16 BETA FEATURES AND EXPERIMENTAL SERVICES

myTCRPlus may offer beta, pilot, or experimental features marked as such in our interface.

Beta Terms

  • Provided "as is" with no warranties or SLA commitments
  • May contain bugs, errors, or incomplete functionality
  • Subject to change or discontinuation without notice
  • Feedback and usage data may be collected for improvement
  • Not recommended for production use or mission-critical operations

Opt-In Required

Beta features require explicit opt-in. Standard service stability not affected by beta participation.

17 EXPORT CONTROLS

Services may be subject to U.S. export control laws. You represent that you are not:

  • Located in embargoed country (Cuba, Iran, North Korea, Syria, Crimea region)
  • Listed on U.S. restricted party lists (SDN, Entity List, Denied Persons List)
  • Engaged in activities prohibited under export regulations

You agree to comply with all applicable export laws and not export or re-export services, technical data, or derivatives to prohibited destinations or persons.

18 CONTACT INFORMATION

For Questions Regarding These Terms

Native Chaos Holdings LLC (d/b/a myTCRPlus)
1887 Mesa Vista Dr
Henderson, NV 89014
Email: info@mytcrplus.com
Phone: 760-269-8277
Business Hours: Monday-Friday, 9 AM - 6 PM Pacific

Legal Notices

Send formal legal notices via certified mail to address above, Attn: Legal Department, with copy to info@mytcrplus.com

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