Terms Of Use & Service

8. PURCHASES, FEES, AND BILLING

8.1 Subscription Plans

Certain Services are offered on a paid subscription basis (“Subscription”). Details of current plans, features, and pricing will be described on the Website or in a separate order form or agreement.

- Subscription fees are billed in advance of the applicable subscription period (for example, monthly, quarterly, or annually) and are non-refundable except as expressly stated in these Terms or required by law. 

- Your Subscription will begin on the date we first charge your payment method and will continue for the subscription term unless terminated in accordance with these Terms.

8.2 Usage-Based “Wallet” Charges

Some Services (for example, SMS/MMS, voice calls, phone numbers, or similar communication services) may incur additional usage-based charges. Mobizma may require you to maintain a prepaid balance or “wallet” for such usage.

- When your wallet balance falls below a threshold you select or that we specify, we may automatically charge your payment method to top up the wallet. 

- Usage rates and fees may change from time to time. Current rates or tiers may be disclosed inside the platform or in your order form and or on this page. High volume clients may be offered special rates.

- We may at our discretion offer free usage tiers included in certain plans.

8.2.1 AI Usage & Optional Flat-Rate Add-Ons

Certain AI services may be offered under optional flat-rate plans.

However:
• Flat-rate AI plans do not cover voice call minutes
• Telephony costs are always usage-based
• AI usage caps may apply

Provider reserves the right to modify AI usage pricing with notice.

8.2.2 Client Wallet & Auto-Recharge

Client agrees to:

• Maintain an active payment method
• Fund a usage wallet with a minimum initial balance (e.g. $100)

• Wallet size must always be able to cover ongoing usage costs.

• If unused, wallet balance rolls over to the following month/s.
• Allow automatic recharge when balance falls below a defined threshold

Failure to maintain sufficient balance may result in:

• Paused messaging/text/DMs and Missed Call Text Back (MCTB).

• Paused emailing
• Paused calls (inbound, outbound, VoiceMail, etc)
• Paused AI functionality

• Paused premium workflow actions (Ex: GPT, 3rd -party if used/required for integrations)
• Temporary service interruption

Provider is not responsible for lost leads or missed opportunities caused by insufficient wallet balance.

8.2.3 Usage-Based Fee Rates (Not Included in Plan Pricing)

Updated: Dec 2025

Client acknowledges that annual plan fees do not include third-party or usage-based costs, including but not limited to:

• SMS and MMS messaging
• Voice call minutes (inbound and outbound)
• AI voice interactions
• AI chat interactions

• Premium actions in workflows

• Any 3rd-party marketplace add-ons the client opts to use
• Email sending
• WhatsApp messaging (if enabled)
• Phone numbers purchased by Client
• Carrier surcharges
• Platform transaction fees

• Disk Storage fees (saved call recordings, transcripts, messages, emails, AI chats, etc as well as any images, videos, or other assets)

All such fees are billed based on actual usage.

Most common usage fees:

Phone numbers:

Toll-Free US number $2.26/mo

Local US number: $1.21/mo

Additional A2P application & registrations fees apply for mandatory legal verification.

Phone system:

Making calls (from mobile app or desktop app or via Voicemail/workflows): $0.0147/min (1,000 calls cost $14.70)

Receiving Calls: $0.008925/min (1,000 call minutes cost $8.92)

Text Messages: $0.008715/segment (1,000 call minutes cost $8.71)

Emails:

$0.000709/email ($10 will give you ~14,105 emails sent)

Email Verification:

$0.002625/EmailVerification ($10 gives you ~3810 Email Verifications to help protect your sender reputation for better inbox deliverability rates)

Premium Workflow Actions:

$0.0105/execution ($10 will give you ~950 execution tasks)

Workflow - External AI Models:

Input: $0.63 for 750,000 words ($10 will give you ~11,904,762 words)

Output: $2.52 for 750,000 words ($10 will give you ~2,976,190 words)

Conversation and Voice AI:

Rates may differ as per the LLM selected & tokens consumed. Calculations shown as per Open AI GPT-4.1 rates for 6,500 tokens consumed.

$0.021/Message and $0.1365/ Minute voice call

($10 will give you about 475 Messages or 75 Minute voice calls)

With a flat-rate AI plan you can enjoy unlimited AI Voice/Conversation. Phone rates still apply to Voice AI, with/out flat-rate plan.

Voice AI Usage: $0.066 per minute (As of Jan' '26)

Call Recording: $0.0028 per minute

Call Recording Storage: $0.0006 per minute per month

Call Transcription: $0.027 per minute

AI voice services in the VoIP system (no phone used):

Outbound Calls (USA) $0.013

Inbound Calls (USA) $0.008

Voice AI Calls Additional $0.004

Additional Considerations

Billing Rounding: Calls are billed in full minutes, meaning any partial minute will be rounded up to the next whole minute.

Compliance: Ensure that all calls comply with legal requirements, including obtaining consent for automated calls.

Reviews AI:

$0.0105/review response. ($10 will give you ~950 review responses)

Content AI:

Used for blogs, content on a page, in emails, SMS, social posting, etc. Optional, if you want AI to help with writing/editing text and or images. Flat-Rate AI plan includes UNLIMITED usage of Content AI.

$0.0945/1,000 Words and $0.063/Image

($10 will give you about 105,820 Words or 160 Images)

AI Agent Studio:

Charges are based on tokens. Word counts shown below are estimates to help you understand usage. Actual charges may vary.

Example Pricing - GPT-4o Mini:

$0.2625 for 750,000 words. ($10 is ~28,571,429 words)

WhatsApp Usage:

$0.0777/WhatsApp Usage. ($10 will give you ~130 WhatsApp Usage)

Media Library storage fees: Free, UNLIMITED!

Images (PNG, JPEG, GIF, etc.) 100 MB per file - Unlimited

Videos (e.g., AVI, MOV) 4 GB per file - Unlimited

Documents (PDF, DOCX, etc.) 100 MB per file - Unlimited

8.3 Auto-Renewal

Unless otherwise stated in an order form or in your account settings, Subscriptions renew automatically at the end of each billing cycle for the same term, using the payment method on file.

- You may cancel auto-renewal at any time in your account settings or by contacting [email protected]. 

- Cancellations take effect at the end of the then-current billing period; you will continue to have access to the Services until that time.

8.4 No-Refund Policy and Chargebacks

Unless otherwise expressly stated in a separate written guarantee or order form signed by Mobizma, all payments (including Subscription fees, setup fees, and usage-based charges) are final and non-refundable.

Because our Services often begin immediately and may include custom configuration, you acknowledge that a statutory “cooling-off” period may not apply or may be waived to the maximum extent permitted by law.

You agree not to initiate chargebacks or payment disputes for Services that have been rendered, initiated, or made available. If you do so, Mobizma reserves the right to dispute such chargebacks and seek recovery of any amounts owed, including associated fees and costs.

If a separate money-back guarantee is expressly provided in writing, the terms of that guarantee will govern solely with respect to the covered service and will not modify these Terms for any other product or service.

No Refunds on Usage or Annual Plans

All usage fees are non-refundable.

All annual plans are:
• Prepaid
• Non-refundable
• Non-cancelable

Including but not limited to unused services, unused AI capacity, or unused ad management.

8.5 Updates to Usage Fees or Terms

Provider and or the Providing 3rd-parties may update:
• Usage pricing
• Carrier fees
• AI costs

With reasonable notice via dashboard, email, or TOS update.

8.6 Payment Failures and Suspension

If we are unable to process payment using your payment method, we may make multiple attempts over a limited period. If payment remains unsuccessful, Mobizma may suspend or terminate your access to the Services until all outstanding amounts are paid.

9. SMS, MOBILE COMMUNICATIONS, AND A2P MESSAGING

9.1 SMS Consent and Purpose

By providing your mobile phone number to Mobizma and opting in to receive SMS or text messages, you consent to receive messages related to:

- notifications and alerts; 

- marketing and promotional offers; 

- account and security communications (including multi-factor authentication/2FA); and 

- service-related updates and support messages.

Message frequency may vary. As always, message and data rates may apply for messages sent to you from us and to us from you. Message frequency varies. For questions about your text plan or data plan, contact your wireless provider.

No mobile information will be shared with third parties or affiliates for marketing/promotional purposes

Text messaging originator opt-in data and consent will not be shared with any third parties, except for aggregators and providers of the Text Message services

9.2 Opt-Out and Help

- You can opt out of receiving SMS messages at any time by replying STOP to any message you receive from us. After sending STOP, you may receive a final message confirming your opt-out. You will then no longer receive SMS messages from us, except as permitted by law (for example, critical service notices). 

- To rejoin, sign up as you did initially, and we will resume sending SMS messages to you.

- If you need assistance with our SMS program, reply HELP to any message or contact us at [email protected] or via https://mobizma.com/.

9.3 Delivery and Carrier Disclaimer

- Message delivery is subject to effective transmission by your carrier and other third-party providers. Mobizma does not guarantee timely or successful delivery of messages. 

- Mobile carriers are not liable for delayed or undelivered messages.

9.4 Compliance

Our clients hereby agree to only upload or send SMS messages through the Services to contacts who have provided appropriate consent as required by applicable laws (including, where applicable, the Telephone Consumer Protection Act (TCPA), CAN-SPAM, and similar regulations). You are solely responsible for the content of your messages and for ensuring compliance with all laws and carrier rules.

Communications Compliance (TCPA, GDPR, DNC)

Client is solely responsible for:

• Obtaining proper consent
• Maintaining opt-in records
• Compliance with TCPA, CTIA, CAN-SPAM, GDPR, and local laws
• Scrubbing against Do-Not-Call lists
• Accuracy of claims made in ads or messages

Provider does not provide legal advice and assumes no liability for violations arising from Client-provided leads, data, scripts, offers, or instructions.

10. PRIVACY

Your use of the Services is also governed by our Privacy Policy, which explains how we collect, use, and share personal data. The Privacy Policy is incorporated into these Terms by reference and is available at:

https://mobizma.com/privacy

By using the Services, you acknowledge that you have read and understand the Privacy Policy.

11. THIRD-PARTY SERVICES AND LINKS

The Services may integrate with or link to third-party websites, applications, or services (“Third-Party Services”). These are provided for your convenience only.

- Mobizma does not control and is not responsible for Third-Party Services, their content, privacy policies, or practices. 

- Your use of Third-Party Services is at your own risk and subject to the terms and policies of those third parties.

12. DISCLAIMERS

The Services and all Content are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties of any kind, whether express, implied, statutory, or otherwise.

To the fullest extent permitted by law, Mobizma disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, quiet enjoyment, and non-infringement.

Mobizma does not warrant that the Services will be uninterrupted, secure, or error-free, that defects will be corrected, that the Services or the servers that make them available are free of viruses or other harmful components, or that the information available through the Services is accurate, complete, or current.

13. LIMITATION OF LIABILITY

To the fullest extent permitted by law, in no event will Mobizma or its affiliates, directors, officers, employees, agents, or licensors be liable to you or any third party for any:

- indirect, incidental, consequential, special, exemplary, or punitive damages; 

- loss of profits, revenue, goodwill, data, or other intangible losses; or 

- business interruption or replacement services costs,

arising out of or in connection with your use of or inability to use the Services, whether based on warranty, contract, tort (including negligence), strict liability, or any other legal theory, even if Mobizma has been advised of the possibility of such damages.

To the extent liability cannot be excluded, the total cumulative liability of Mobizma arising out of or related to the Services and these Terms will be limited to the amount you paid to Mobizma for the Services in the twelve (12) months immediately preceding the event giving rise to the claim.

14. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Mobizma and its affiliates, officers, directors, employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or in any way connected with:

- your access to or use of the Services; 

- your violation of these Terms; 

- your User Content; or 

- your violation of any law or the rights of a third party.

Client agrees to indemnify and hold harmless Happy Healing LLC from any claims, penalties, fines, damages, or legal actions arising from:

• TCPA violations
• GDPR claims
• DNC breaches
• Misrepresentation
• Licensing violations
• Advertising claims

Including but not limited to actions resulting from calls, texts, emails, or AI interactions.

Communications Compliance (TCPA, GDPR, DNC)

Client is solely responsible for:

• Obtaining proper consent (for outbound email, SMS, Voice/automted calls)
• Maintaining opt-in records
• Compliance with TCPA, CTIA, CAN-SPAM, GDPR, and local laws
• Scrubbing against Do-Not-Call lists
• Accuracy of claims made in ads or messages

Provider does not provide legal advice and assumes no liability for violations arising from Client-provided leads, data, scripts, offers, or instructions.

15. DISPUTE RESOLUTION, GOVERNING LAW, AND ARBITRATION

15.1 Governing Law

These Terms and any dispute or claim arising out of or related to them or the Services will be governed by and construed in accordance with the laws of the jurisdiction in which Middletown, Delaware is located, without regard to its conflict of law principles.

15.2 Mandatory Arbitration and Class Action Waiver (Where Permitted by Law)

To the fullest extent permitted by applicable law, you and Mobizma agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be resolved exclusively by final and binding arbitration, rather than in court.

- Arbitration will be conducted by a single neutral arbitrator in or reasonably near Middletown, Delaware, under the applicable commercial arbitration rules of a recognized arbitration organization. 

- Each party will bear its own fees and costs, except as may be provided in the applicable arbitration rules. 

- You and Mobizma agree that all arbitrations will be conducted only on an individual basis and not on a class, collective, consolidated, or representative action basis. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION.

If a court determines that any part of this arbitration clause is unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request) may be brought in court, and the parties agree that litigation of such claim or request shall be stayed pending the resolution of any remaining claims in arbitration.

15.3 Time Limit to Bring Claims

To the maximum extent permitted by law, any claim you may have arising out of or relating to the Services or these Terms must be filed within one (1) year after such claim arose; otherwise, the claim is permanently barred.

16. MISCELLANEOUS

Entire Agreement. These Terms, together with any additional written agreement, order form, or policy referenced herein (including our Privacy Policy), constitute the entire agreement between you and Mobizma regarding the Services and supersede all prior or contemporaneous agreements, understandings, or communications. 

Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. 

No Waiver. Failure by Mobizma to enforce any right or provision of these Terms will not constitute a waiver of such right or provision. 

Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without Mobizma’s prior written consent. Mobizma may freely assign these Terms. 

Electronic Communications. You consent to receive communications from us electronically. We may communicate with you by email, SMS, or by posting notices on the Website or through the Services.

17. CONTACT INFORMATION

If you have any questions about these Terms or the Services, you can contact us at:

- Email: [email protected] 

- Support Portal / Website: https://mobizma.com/ 

- Website: https://mobizma.com/