Terms of Service

1. Scope of Services

1.1. Platform Functionality

Clockwatch provides a business-to-business software platform that allows clients to:

• Build and manage subscriber lists
• Collect user opt-ins through customizable web and kiosk forms
• Schedule and send promotional or transactional text message campaigns
• Track subscriber engagement and message delivery analytics
• Manage opt-out workflows, including compliance with legal requirements

All services are hosted and operated in the United States. Clients retain full responsibility for the content and intent of the messages sent through the platform.

2. Account Registration and Access

To use Clockwatch, you must create an account and provide accurate information including business name, contact details, and valid billing credentials. You are responsible for maintaining account security and notifying us of any unauthorized access.

3. Client Responsibilities

3.1. Legal Compliance

You are solely responsible for ensuring compliance with all applicable laws, including:

• The Telephone Consumer Protection Act (TCPA)
• The CAN-SPAM Act
• State-level consumer protection laws (e.g., CCPA)
• CTIA Messaging Principles and Best Practices
• Federal Trade Commission (FTC) guidelines

This includes collecting proper opt-in consent, including clear opt-out instructions, honoring opt-out requests immediately, and avoiding deceptive or illegal content.

4. Data Handling and Privacy Obligations

As a Clockwatch client, you act as the data controller of subscriber information. Clockwatch acts as your service provider, processing data exclusively to deliver services, track metrics, and ensure compliance. We do not sell subscriber data or use it for our own marketing purposes.

5. Acceptable Use Policy

You must use the platform only for lawful purposes. All messages must be truthful, include sender identification, and contain proper opt-out instructions. Prohibited content includes adult material, threats, false emergency alerts, and content related to high-risk industries like payday loans, gambling, or cryptocurrency.

6. Payment and Subscription Terms

Clockwatch operates on a subscription-based model with auto-renewal. All fees are in U.S. Dollars and exclusive of taxes. We may suspend access for failed payments or violations. All purchases are non-refundable except where required by law.

7. Privacy and Data Handling

Clockwatch operates as a B2B platform, acting as a service provider for subscriber data. Clients remain responsible for collecting valid consent and providing opt-out methods. Our data practices are governed by our Privacy Policy.

8. Disclaimers and Limitation of Liability

Services are provided "as is" without warranty. We do not guarantee message delivery or platform availability. Our liability is limited to amounts paid in the preceding 3 months.

9. Indemnification

You agree to indemnify Clockwatch against claims arising from your use of the platform, violations of these Terms, message content, or breach of applicable laws.

10. Legal Compliance and Dispute Resolution

These Terms are governed by California law. Disputes must be brought individually in California courts. No class actions are permitted.

Contact Information

If you have any questions about these Terms of Service, please contact us at: