Terms of Use

Last updated: January 3, 2026

These Terms of Use govern access to and use of the CampaignCommander platform, including all software, services, tools, messaging capabilities, and related features provided by Romain Berg, doing business as CampaignCommander, referred to as "Company," "we," "us," or "our."

By creating an account, accessing, or using CampaignCommander, you agree to these Terms of Use. If you do not agree, you may not use the platform.

Please also review our Privacy Policy and Data Processing Addendum, which describe how we collect, use, and protect your personal information.

Scope of Services

CampaignCommander provides tools that enable users to manage communications, outreach, and data related to their own customers, clients, or contacts. Services may include, but are not limited to:

  • Email messaging
  • SMS and MMS messaging
  • Voice calling
  • Physical mailing coordination
  • Contact data organization and cleaning
  • Reporting, analytics, and automation tools

Users are solely responsible for how they use these services and for ensuring compliance with all applicable laws, regulations, and third party requirements.

Account Eligibility and Responsibility

You must be legally permitted to operate a business and communicate with contacts in the jurisdictions where you operate.

You are responsible for:

  • All activity conducted through your account
  • Maintaining the confidentiality of login credentials
  • Ensuring your users and staff comply with these Terms

Accounts may not be shared, resold, or used on behalf of undisclosed third parties without written approval.

Permission Based Communications Requirement

All communications sent through CampaignCommander must be permission based.

You represent and warrant that:

  • You have a lawful basis to contact each recipient
  • Recipients have explicitly opted in or have an existing relationship that permits communication
  • You do not use purchased, rented, scraped, or third party lists
  • You honor opt out requests promptly

Unsolicited, deceptive, or nonconsensual communications are strictly prohibited.

Email Use Policy

Email functionality may only be used for legitimate, permission based purposes.

Permitted Uses

  • Account related notifications
  • Transactional messages
  • Service updates
  • User requested communications
  • Product updates when explicitly opted in

Prohibited Uses

  • Cold email outreach
  • Purchased or scraped email lists
  • Affiliate blasts without explicit consent
  • Misleading subject lines or sender identity
  • Content designed to evade spam filters

All emails must:

  • Clearly identify the sender
  • Include valid contact information
  • Include unsubscribe or preference management where applicable

The Company enforces bounce handling, complaint suppression, and rate limiting. For details on how we handle your email data, see our Privacy Policy.

SMS and MMS Messaging Policy

SMS and MMS messaging must comply with all carrier, federal, state, and local regulations.

Permitted Uses

  • One to one customer communication
  • Appointment reminders
  • Account notifications
  • Customer support messaging
  • Other explicitly opted in use cases

Prohibited Uses

  • Cold texting
  • Purchased or shared phone lists
  • High volume marketing without required registrations
  • Deceptive, misleading, or abusive content

Requirements:

  • Clear opt in before messaging
  • Clear STOP instructions in messages where required
  • Immediate honoring of STOP requests
  • HELP responses where applicable

Texting limits may apply until required registrations or verifications are completed.

Voice Calling Policy

Calling features may only be used for lawful, consent based communications.

Prohibited activities include:

  • Robocalling without consent
  • Caller ID spoofing
  • Harassment or intimidation
  • Deceptive call purposes

You are responsible for complying with all call recording laws, including one party or two party consent requirements.

Physical Mailing and Direct Mail

If the platform is used to coordinate physical mailings:

  • You must have a lawful basis to contact recipients
  • Content must not be misleading or deceptive
  • You must honor opt out requests for future mailings where required

The Company does not provide legal advice regarding postal or mailing regulations. You are responsible for compliance.

Data Cleaning and Contact Management

CampaignCommander may offer tools for organizing, deduplicating, validating, or suppressing contact data.

You agree that:

  • You own or are authorized to use all uploaded data
  • Data cleaning does not grant permission to contact individuals
  • Suppression lists must be respected and not circumvented

Data cleaning tools may not be used to legitimize unlawfully obtained data. For information on how we store and process your data, see our Privacy Policy and Data Processing Addendum.

Prohibited Content and Activities

You may not use the platform to transmit or promote:

  • Spam or unsolicited communications
  • Phishing, fraud, or impersonation
  • Malware or harmful code
  • Illegal goods or services
  • Hate, harassment, or threats
  • Content that violates third party rights

The Company reserves the right to review, throttle, suspend, or terminate accounts engaging in prohibited activity.

Regulatory Fines and Carrier Penalties

You are solely responsible for ensuring your use of CampaignCommander complies with all applicable laws, regulations, and carrier requirements, including but not limited to the Telephone Consumer Protection Act (TCPA), CAN-SPAM Act, state telemarketing laws, and carrier acceptable use policies.

If the Company receives any fine, penalty, assessment, or legal claim from a regulatory body, carrier, telecommunications provider, or any third party as a result of your use of the platform, you agree to:

  • Reimburse the Company for the full amount of any fine, penalty, or settlement
  • Pay all associated legal fees, attorney costs, and administrative expenses incurred in responding to or defending against such claims
  • Pay all collection costs, including but not limited to collection agency fees, court costs, and additional legal fees if recovery action becomes necessary

The Company will provide written notice of any such fine or penalty and allow you 30 days to remit payment. If payment is not received within 30 days, the outstanding balance will accrue interest at the rate of 1.5% per month (18% annually) or the maximum rate permitted by law, whichever is lower.

If you fail to pay amounts owed under this section, the Company reserves the right to:

  • Immediately suspend or terminate your account
  • Deduct owed amounts from any prepaid balance or credits in your account
  • Refer the debt to a third-party collection agency
  • Report the debt to credit reporting agencies
  • Pursue legal action to recover amounts owed, including filing suit in a court of competent jurisdiction

This indemnification obligation survives termination of your account and these Terms of Use.

Compliance and Monitoring

We may monitor usage patterns to:

  • Enforce these Terms
  • Protect platform integrity
  • Comply with legal, carrier, and provider obligations

We may suspend or limit services without notice if we detect activity that risks compliance, deliverability, or platform stability.

Third Party Services

CampaignCommander relies on third party providers for message delivery, calling, mailing, and infrastructure.

You acknowledge that:

  • Third party rules and limitations may apply
  • Service availability may vary
  • The Company is not responsible for third party outages or policy changes

See our Data Processing Addendum for information on subprocessors.

Suspension and Termination

We may suspend or terminate your access if:

  • You violate these Terms
  • Your usage presents legal, compliance, or reputational risk
  • Required registrations or verifications are not completed
  • Abuse or fraud is suspected

Termination may occur without refund where violations are material. For details on refunds, credits, and account cancellation, see our Billing and Cancellation Policy.

Limitation of Liability

To the maximum extent permitted by law:

  • The platform is provided "as is"
  • The Company is not liable for indirect, incidental, or consequential damages
  • Total liability is limited to fees paid in the prior 12 months

Modifications to Terms

We may update these Terms from time to time. Continued use of the platform constitutes acceptance of the updated Terms.

Contact Information

Romain Berg dba CampaignCommander
113 South Monroe Street
Tallahassee, FL 32301