These Terms of Service ("Terms") govern your use of the SplashStreet platform, website, and services (collectively, the "Service") operated by Tradebooks Pro LLC ("Company," "we," "us," or "our"). By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Description of Service

SplashStreet is an AI-powered marketing platform that enables businesses to create promotional images using artificial intelligence and distribute them to customers via SMS text messaging. The Service includes AI image generation, text polishing, contact management, SMS campaign delivery, and subscription billing.

2. Eligibility

You must be at least 18 years old and capable of forming a binding legal agreement to use the Service. By using the Service, you represent that you meet these requirements and that all information you provide is accurate and complete. The Service is intended for use by businesses and their authorized representatives.

3. Account Registration and Security

To use the Service, you must create an account using Google Sign-In or Phone OTP authentication through Firebase. You are responsible for maintaining the security of your account and for all activity that occurs under it. You must notify us immediately of any unauthorized access. We are not liable for any loss resulting from unauthorized use of your account.

4. AI-Generated Content

The Service uses OpenAI's image generation technology to create marketing images based on your text prompts and visual preferences. Your use of AI features is additionally governed by our AI Content Policy.

Ownership: All AI-generated images created through the Service are the property of Tradebooks Pro LLC. The Company retains full ownership of all generated images and may use them for any business purpose, including marketing, portfolio display, style library curation, and promotional materials.
Your License: You are granted a perpetual, non-exclusive, worldwide, royalty-free license to use images generated through your account for your business and personal purposes, including but not limited to SMS campaigns, social media, print materials, in-store displays, and merchandise such as t-shirts, stickers, mugs, and banners.
Company Rights: The Company retains unrestricted rights to use, reproduce, modify, distribute, and display any image generated on the platform, without notice or compensation to you.
Copyright Notice: Images generated solely by artificial intelligence may not be eligible for copyright protection under current United States law. The U.S. Copyright Office has indicated that works created without sufficient human authorship may not meet the threshold for copyright registration. You acknowledge this limitation when using AI-generated images commercially.
Your Responsibility: You are solely responsible for ensuring that your text prompts, visual hints, and the resulting images do not infringe on any third-party trademarks, copyrights, or rights of publicity. You may not use the Service to generate images depicting real, identifiable individuals without their consent, or to create content that infringes on copyrighted characters, brands, or intellectual property. See our AI Content Policy for the full list of prohibited content.
No Liability: We are not liable for any claims, damages, or losses arising from your commercial use of AI-generated images, including but not limited to intellectual property infringement claims, defamation, or rights of publicity violations.

5. SMS Messaging Compliance

The Service enables you to send SMS text messages to your business contacts. By using the SMS features, you agree to the following. Your use of SMS features is additionally governed by our Messaging Policy.

Consent Required: You must obtain valid prior express written consent from every individual before sending them marketing SMS messages through the Service, in compliance with the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, and all applicable federal, state, and local laws.
One-to-One Consent: Under FCC regulations effective January 27, 2025, consent to receive marketing messages must be specific to a single identified sender. You may not rely on shared consent forms or lead generators that authorize messages from multiple businesses.
Automated Technology: Messages sent through the Service are delivered using automated messaging technology, including automated telephone dialing systems. Your recipients must be informed that messages may be sent using automated technology, and their consent must cover this method of delivery.
Opt-In Confirmation: Upon enrolling a new contact, you must send a confirmation message that identifies your business, confirms enrollment, discloses message frequency, notes that message and data rates may apply, and provides opt-out instructions.
Sender Identification: Every message you send must identify your business by name so recipients know who is contacting them.
TCPA Compliance: You acknowledge that the TCPA imposes significant penalties for unsolicited marketing messages (up to $1,500 per message in statutory damages). You are solely responsible for ensuring full TCPA compliance for all messages sent through your account.
Canadian Anti-Spam Legislation (CASL): If sending to Canadian recipients, you must comply with CASL requirements for express consent and sender identification.
Opt-Out Compliance: The Service automatically handles STOP, STOPALL, UNSUBSCRIBE, CANCEL, END, and QUIT replies at the carrier level and within the platform. You must not send messages to any individual who has opted out, regardless of method. Per FCC rules effective April 11, 2026, an opt-out applies to all message types from the sender.
Prohibited Content: You may not use the Service to send messages containing illegal content, threats, harassment, hate speech, phishing, malware links, or content promoting illegal activities. Certain content categories (including alcohol, tobacco, cannabis, firearms, and adult content) may be subject to additional carrier restrictions. See our Messaging Policy for details.
Account Suspension: We reserve the right to immediately suspend or terminate your SMS capabilities if we detect spam-like behavior, excessive opt-out rates (above 5%), carrier complaints, or violations of applicable messaging regulations.
Campaign Approval: Before sending any campaign, you are required to review and approve the campaign content through the platform's approval process. By approving a campaign for delivery, you confirm that you have reviewed the image, message text, and recipient count, and that the content complies with these Terms, applicable laws, and your recipients' consent. Approval records — including the approving user's identity, timestamp, campaign image, and message text — are retained for compliance and audit purposes.
No Legal Advice: The compliance tools, documentation, and guidance provided through the Service — including consent tracking, opt-out handling, frequency controls, warm-up management, and the campaign approval process — are provided for your convenience and do not constitute legal advice. You are independently responsible for ensuring your messaging practices comply with all applicable laws. We recommend consulting a qualified attorney for legal guidance specific to your situation.

6. Subscription and Billing

Pricing: The Service is offered on a monthly subscription basis at the rates published on our pricing page at the time of purchase. Prices are in US dollars and exclude applicable taxes.
Payment: Payment is processed through Stripe. By subscribing, you authorize us to charge your payment method on a recurring monthly basis until you cancel.
No Refunds: Subscription payments are non-refundable. There are no refunds for partial months, unused features, or dissatisfaction with the Service.
Cancellation: You may cancel your subscription at any time through the billing portal within the app. Cancellation takes effect at the end of the current billing period. You retain access until that date.
Usage Limits: Each subscription tier includes specific limits for SMS messages, AI image generations, campaigns, and contacts. When limits are reached, the corresponding features are disabled until the next billing cycle.
Price Changes: We may change subscription prices with 30 days' advance notice. Continued use of the Service after a price change constitutes acceptance of the new pricing.

7. Data Retention and Deletion

Business Data: Upon cancellation, your business data — including your business profile, contact lists, campaign text, and customer-facing image library — is retained for 30 calendar days after the end of your billing period. After this retention period, business data is permanently deleted.
AI-Generated Images: All AI-generated images are the property of Tradebooks Pro LLC (see Section 4). Images are retained by the Company at its sole discretion for platform improvement, style library curation, marketing, and other business purposes. Deletion of your business account does not affect the Company's ownership of or access to generated images.
Your License Survives: Your perpetual license to use images you downloaded during your active subscription or retention period survives cancellation. You may download your images at any time during an active subscription or within the 30-day retention period using the bulk download feature in the Image Library.
Resubscription: If you resubscribe within the 30-day retention period, full access to your business data is restored. If you resubscribe after the retention period, your business data will have been deleted and you will need to set up your account again.
Compliance Records: Certain records — including consent records, opt-out records, and messaging logs — may be retained beyond the 30-day period as required for legal compliance and auditing purposes.

8. Acceptable Use

You agree not to:

Use the Service for any unlawful purpose or in violation of any applicable laws or regulations
Send unsolicited SMS messages (spam) to individuals who have not provided express consent
Upload or transmit malicious code, viruses, or harmful content
Attempt to gain unauthorized access to other users' accounts or data
Reverse engineer, decompile, or disassemble any part of the Service
Use the Service to generate content that is obscene, defamatory, threatening, or promotes violence
Resell or redistribute the Service without our written consent
Use automated tools, bots, or scripts to access the Service beyond normal usage
Send messages containing carrier-restricted content without understanding the risks — see our Messaging Policy for details on SHAFT content categories and carrier filtering
Use AI features to generate prohibited content — see our AI Content Policy for the full list of restrictions

9. Intellectual Property

The SplashStreet name, logo, website design, user interface, AI prompt engineering, style library, and all software code are the exclusive property of Tradebooks Pro LLC and are protected by copyright, trademark, and other intellectual property laws. You may not copy, modify, distribute, or create derivative works based on the Service without our express written permission.

10. Feedback and Suggestions

Any feedback, suggestions, ideas, improvements, feature requests, or other input you provide to us (collectively, "Feedback"), whether solicited or unsolicited, may be used by us, our affiliates, successors, assigns, or licensees for any purpose without any obligation to you.

You grant to Tradebooks Pro LLC a perpetual, irrevocable, royalty-free, worldwide, non-exclusive license (with the right to sublicense) to use, reproduce, modify, adapt, publish, distribute, and otherwise exploit such Feedback in any manner. You acknowledge that you have no right or claim to any Feedback or derivative works arising from it, and that these Terms do not create any expectation of compensation, credit, or ownership rights. We are under no obligation to use or implement any Feedback.

11. Third-Party Services

The Service integrates with third-party providers including Google Cloud (Firebase), Stripe, Twilio, OpenAI, and SendGrid. Your use of these services is subject to their respective terms:

Google Cloud Platform Terms of Service
Stripe Services Agreement
Twilio Terms of Service
OpenAI Terms of Use
Twilio SendGrid Terms of Service

We are not responsible for the availability, accuracy, or policies of third-party services. Changes to third-party terms or pricing may affect the Service.

12. Safe Harbor (47 U.S.C. § 230)

SplashStreet is an interactive computer service that provides tools for businesses to create and distribute marketing content. We facilitate but do not create user-generated content, including campaign text, AI prompts, contact lists, and the messages sent through the platform. Each user is solely responsible for the content they create and distribute using the Service.

Consistent with Section 230 of the Communications Decency Act (47 U.S.C. § 230) and similar safe-harbor laws where applicable, Tradebooks Pro LLC is not liable as a publisher or speaker of content created, uploaded, or transmitted by users of the Service.

13. Service Availability

We strive for reliable operation, but the Service is provided on a best-effort basis. The Service may be temporarily unavailable due to scheduled maintenance, software updates, infrastructure changes, or circumstances beyond our control. Some features depend on third-party platforms (including Firebase, Stripe, Twilio, and OpenAI), which may experience incidents or outages independent of SplashStreet.

We do not guarantee any specific uptime percentage or service level. We will make reasonable efforts to communicate planned maintenance in advance when practical.

14. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE. WE DO NOT WARRANT THAT AI-GENERATED IMAGES WILL BE FREE OF ERRORS, ARTIFACTS, OR UNINTENDED CONTENT.

15. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, TRADEBOOKS PRO LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITIES, ARISING FROM YOUR USE OF THE SERVICE.

OUR TOTAL LIABILITY FOR ALL CLAIMS RELATED TO THE SERVICE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO US IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM.

16. Indemnification

You agree to indemnify, defend, and hold harmless Tradebooks Pro LLC and its officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any applicable laws, including TCPA and SMS regulations; (d) SMS messages you send through the Service; or (e) any claim that your content infringes upon third-party intellectual property rights.

17. Termination

We reserve the right to suspend or terminate your account at any time, with or without notice, for conduct that we determine violates these Terms, is harmful to other users, or is otherwise objectionable. Upon termination, your right to use the Service ceases immediately. Data retention terms in Section 7 apply to terminated accounts.

18. Force Majeure

Tradebooks Pro LLC shall not be liable for any failure or delay in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, government actions, power or internet failures, carrier or telecommunications outages, third-party service disruptions, cyberattacks, or pandemics. During a force majeure event, our obligations under these Terms are suspended for the duration of the event.

19. Changes to Terms

We may update these Terms from time to time. We will notify you of material changes by posting the updated Terms on this page and updating the "Last updated" date. Continued use of the Service after changes constitutes acceptance of the updated Terms.

20. Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the State of North Carolina, United States, without regard to conflict of law principles. Any disputes arising from these Terms or the Service shall be resolved in the state or federal courts located in Mecklenburg County, North Carolina.

21. Severability, Assignment, and Entire Agreement

Severability: If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
Assignment: You may not assign or transfer these Terms or your rights under them without our prior written consent. Tradebooks Pro LLC may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets.
Entire Agreement: These Terms, together with our Privacy Policy, Messaging Policy, and AI Content Policy, constitute the entire agreement between you and Tradebooks Pro LLC regarding the Service and supersede all prior agreements and understandings.

22. Contact

For questions about these Terms, contact us at:

Tradebooks Pro LLC
Email: legal@tradebookspro.com