Terms of Service
Effective Date: October 16, 2026
Last Updated: October 16, 2026
These Terms of Service (“Terms”) constitute a legally binding agreement between you and DFSENDER LLC, a Wyoming limited liability company (“DFSENDER,” “we,” “us,” or “our”).
These Terms govern your requests, bookings, appointments, estimates, agreements, electronic communications, invoices, payments, customer-support interactions, and any technology, professional, or other services provided by DFSENDER (collectively, the “Services”).
DFSENDER uses the Office-X software platform to administer portions of the Services, including bookings, customer communications, documents, electronic signatures, estimates, agreements, invoices, payments, and related business workflows. Office-X LLC is a technology service provider to DFSENDER. Office-X is not the provider of DFSENDER’s Services, is not responsible for DFSENDER’s obligations to you, and is not a party to these Terms.
By submitting a request, making or confirming a booking, accepting an estimate or agreement, electronically signing a document, paying an invoice, or otherwise using the Services after being presented with these Terms, you acknowledge that you have read and agree to be bound by them.
If you act on behalf of a company, organization, or another person, you represent and warrant that you have authority to bind that entity or person.
You must be at least 18 years old and legally capable of entering into a binding contract.
IMPORTANT: ACCEPTANCE OF THESE TERMS OR ACKNOWLEDGMENT OF OUR PRIVACY POLICY DOES NOT, BY ITSELF, CONSTITUTE CONSENT TO RECEIVE SMS/MMS OR MARKETING COMMUNICATIONS. SMS/MMS AND MARKETING CONSENT ARE REQUESTED SEPARATELY AS DESCRIBED IN SECTION 6.
1. Service Requests, Bookings, and Scope
DFSENDER may provide websites, forms, booking pages, customer portals, estimates, proposals, or other interfaces through which you may request Services.
Information concerning Services, personnel, availability, schedules, service locations, estimated completion dates, and prices may be provided for informational purposes and may change.
A request or booking is not necessarily accepted merely because it has been submitted. DFSENDER may confirm, reject, reschedule, or request additional information concerning a request.
A Service becomes subject to the applicable scope when DFSENDER confirms the Service or the parties enter into an applicable estimate, statement of work, agreement, invoice, booking confirmation, or other written arrangement.
You agree to provide accurate and complete information and to provide timely decisions, instructions, permissions, approvals, materials, and access reasonably necessary for DFSENDER to perform the Services.
You represent that you have the legal right and authority to provide any information, materials, accounts, systems, locations, or other resources you make available to DFSENDER.
Changes in scope, inaccurate or incomplete information, customer delays, lack of access, unsafe conditions, third-party delays, or circumstances outside DFSENDER’s reasonable control may result in schedule changes, additional charges, revised estimates, or changes to the Services.
2. Estimates, Service Orders, Agreements, and Changes
An estimate is based on the information and assumptions reasonably available when it is prepared and may expire as stated in the estimate.
Unless expressly identified as fixed, an estimate does not guarantee a final price, completion date, result, or outcome.
Changes to the requested Services may require a revised estimate, change order, additional fees, or schedule adjustment.
For purposes of these Terms, a “Service Order” includes an accepted estimate, statement of work, booking-specific terms, signed agreement, invoice containing service-specific terms, or another written agreement governing particular Services.
A Service Order supplements these Terms.
If a Service Order directly conflicts with these Terms, the Service Order controls with respect to the particular Services covered by that Service Order unless the Service Order expressly provides otherwise.
Terms contained in a customer purchase order, procurement portal, or similar customer document do not modify these Terms unless expressly accepted in writing by an authorized representative of DFSENDER.
3. Electronic Transactions and Signatures
DFSENDER may conduct transactions electronically and may provide documents, notices, estimates, agreements, invoices, and other records electronically.
DFSENDER may use Office-X technology to facilitate electronic signatures and electronic records.
The Office-X Electronic Signature Disclosure is available at:
https://office-x.ai/electronic-signature-disclosure/
Consent to conduct a transaction electronically or use an electronic signature is separate from consent to receive SMS/MMS or marketing communications.
Your electronic signature, electronic acceptance, checkbox selection, or other electronic action may be used as evidence of your agreement to the applicable document or transaction.
You are responsible for reviewing documents before accepting or signing them and for ensuring that any person signing on behalf of an organization has appropriate authority.
4. Fees, Taxes, Payments, and Billing
You agree to pay applicable fees, charges, and taxes according to the applicable Service Order, estimate, agreement, or invoice.
Unless otherwise stated in writing or required by applicable law, amounts attributable to Services already performed, completed or accepted deliverables, or non-cancellable third-party costs incurred for your Services are generally nonrefundable.
DFSENDER may suspend or delay Services for overdue undisputed amounts after providing reasonable notice where appropriate.
DFSENDER may use third-party payment processors such as Stripe or PayPal. Office-X may provide technology that enables DFSENDER to connect its own payment-processing accounts.
Payment credentials are generally collected and processed by the applicable payment processor. DFSENDER generally receives transaction information necessary to administer the payment rather than complete payment-card or bank-account credentials.
By submitting a payment, you authorize the applicable payment processor to process the transaction according to the payment method and information you provide.
A chargeback, payment dispute, or reversal does not automatically eliminate an otherwise valid payment obligation. If you believe a charge is incorrect, please contact DFSENDER so the matter can be investigated.
5. Electronic Communications Generally
DFSENDER may communicate electronically regarding your inquiry, account, transaction, booking, appointment, Services, estimates, agreements, electronic signatures, invoices, payments, customer support, security, verification, and related matters.
Email communications may be delivered through an email service configured by DFSENDER or through technology made available through Office-X.
SMS/MMS communications may be delivered through communications providers used by DFSENDER. DFSENDER is the business sender of DFSENDER communications. Technology and telecommunications providers that process or deliver communications on DFSENDER’s behalf do not become the provider of DFSENDER’s underlying Services merely because their technology is used.
Electronic communications may be delayed or fail because of devices, carriers, networks, service providers, incorrect contact information, technical problems, or other circumstances outside DFSENDER’s reasonable control.
If an important communication has not been received, you should contact DFSENDER directly.
6. DFSENDER SMS/MMS Messaging Terms
This Section 6 governs SMS/MMS communications sent as part of DFSENDER’s messaging programs.
6.1 Program and Brand
The messaging program is operated by DFSENDER LLC.
DFSENDER may offer SMS/MMS communications concerning customer care, accounts, bookings, appointments, Services, estimates, agreements, invoices, payments, and related service matters.
DFSENDER may also offer a separate promotional or marketing SMS/MMS program where a customer separately chooses to enroll.
SMS/MMS enrollment is voluntary. Consent to receive marketing or promotional messages is not a condition of purchasing goods or Services from DFSENDER.
6.2 Separate Consent and Enrollment Methods
DFSENDER may obtain consent to receive SMS/MMS communications through its online booking forms or through its AI phone receptionist during telephone bookings.
DFSENDER distinguishes among four separate types of acceptance and communication preferences:
Acceptance of these Terms and acknowledgment of the Privacy Policy;
Consent to marketing or promotional email;
Consent to transactional/informational Customer Care SMS/MMS; and
Consent to promotional/marketing SMS/MMS.
Acceptance of these Terms or acknowledgment of the Privacy Policy does not, by itself, constitute consent to receive SMS/MMS or marketing communications.
Providing a mobile telephone number, submitting a booking, requesting Services, or making a purchase does not, by itself, enroll an individual in a DFSENDER SMS/MMS program.
Transactional/informational Customer Care SMS consent and promotional/marketing SMS consent are separate and are not interchangeable.
Consent must be obtained through an applicable affirmative opt-in process and applies only to DFSENDER, the relevant telephone number, the specific messaging program, and the communication purposes disclosed when consent was obtained.
Consent to receive marketing or promotional SMS/MMS is not a condition of purchasing goods or Services from DFSENDER.
The specific enrollment procedures for online booking forms and telephone bookings are described in Sections 6.14 and 6.15, respectively.
6.3 DFSENDER Customer Care SMS Program
If you affirmatively opt in to the DFSENDER Customer Care SMS program, you may receive transactional or informational messages relating to:
- account notifications;
- customer-care and support communications;
- service requests;
- booking confirmations;
- appointment confirmations and reminders;
- scheduling changes or cancellations;
- service updates;
- service visits;
- estimates and estimate follow-ups;
- agreements;
- electronic-signature requests or status information;
- invoices and billing information;
- receipts and payment confirmations;
- security or verification messages; and
- related service or customer-portal communications.
Your consent applies to the mobile telephone number you provide and the messaging purposes disclosed when you enroll.
6.4 Promotional and Marketing SMS Program
DFSENDER may separately offer an optional promotional or marketing SMS/MMS program.
If you affirmatively opt in to that program, DFSENDER may send promotions, offers, announcements, or information about DFSENDER’s Services consistent with the consent you provided.
Enrollment in the Customer Care SMS program does not enroll you in the promotional or marketing SMS program.
Likewise, promotional or marketing SMS consent does not automatically modify your choices for other communication programs.
6.5 Message Frequency
Message frequency varies.
The number and frequency of messages you receive may depend on your bookings, appointments, transactions, Services, support activity, account activity, and the particular messaging program in which you enroll.
6.6 Message and Data Rates
Message and data rates may apply.
DFSENDER does not generally impose a separate charge merely for receiving an SMS/MMS message from DFSENDER, but your wireless carrier may charge message, data, roaming, or other fees according to your wireless plan.
You are responsible for charges imposed by your wireless carrier.
6.7 HELP — Customer Support
For help with DFSENDER SMS/MMS communications, reply HELP to a DFSENDER message.
You may also contact DFSENDER at:
Email: [email protected]
Telephone: 469-638-5060
An automated HELP response may identify DFSENDER and provide customer-support information.
6.8 STOP — How to Opt Out
You may opt out of DFSENDER SMS/MMS communications at any time by replying STOP to a DFSENDER message.
DFSENDER or its messaging provider may send one final message confirming that your opt-out request has been processed.
After your opt-out becomes effective, DFSENDER will not send further SMS/MMS messages covered by that opt-out unless you subsequently provide valid consent again or the communication is otherwise permitted by applicable law.
Other standard opt-out keywords may also be recognized where supported by the applicable messaging provider.
Opting out of SMS/MMS does not cancel a booking, Service, transaction, agreement, invoice, payment obligation, or other existing relationship with DFSENDER.
If you opt out of service-related SMS/MMS, you should maintain another appropriate method through which DFSENDER can contact you regarding your Services.
6.9 START and Re-Enrollment
Where supported, replying START or completing another DFSENDER-provided opt-in process may restore eligible SMS/MMS communications.
Re-enrollment applies only to the program and purposes for which valid consent exists.
Re-enrollment in the Customer Care SMS program does not automatically enroll you in promotional or marketing SMS/MMS communications.
6.10 Consent Is Specific to DFSENDER and the Program
SMS/MMS consent applies only to:
- DFSENDER LLC;
- the applicable mobile telephone number;
- the messaging program selected; and
- the purposes disclosed when consent was provided.
Consent is not automatically transferred or extended to another business, sender, affiliate, brand, campaign, or materially different messaging purpose.
If new consent is required because the nature or purpose of recurring messages materially changes, DFSENDER will obtain the required consent before relying on the expanded messaging purpose.
6.11 Mobile Information and Messaging Consent
DFSENDER LLC does not share, sell, rent, or provide your mobile phone number, SMS/MMS opt-in information, text-messaging originator opt-in data, or messaging consent data to third parties or affiliates for their marketing or promotional purposes.
Mobile information will not be shared with third parties or affiliates for marketing or promotional purposes. Text-messaging originator opt-in data and consent will not be shared with any third parties, except service providers that support the delivery and operation of DFSENDER’s messaging program or as required by law.
Service providers that process mobile information on DFSENDER’s behalf may process that information only as reasonably necessary to provide, route, deliver, maintain, secure, or support DFSENDER’s messaging services, maintain consent and opt-out records, or comply with applicable law.
Such service providers are not authorized by DFSENDER to use DFSENDER customers’ mobile information or messaging consent for their own marketing or promotional purposes.
DFSENDER does not sell or share your SMS opt-in data or personal information with third parties for marketing purposes.
For additional information about how DFSENDER collects, uses, processes, and protects personal information, see the DFSENDER Privacy Policy:
6.12 Consent and Messaging Records
DFSENDER may maintain records reasonably necessary to demonstrate and administer messaging consent, including the mobile number, applicable messaging program, consent language presented, date and time of consent, source or method of consent, communication preferences, and opt-in and opt-out activity.
DFSENDER may maintain suppression records after an opt-out as reasonably necessary to continue honoring that preference.
6.13 Message Delivery and Carrier Disclaimer
Message delivery depends upon your device, wireless carrier, network availability, coverage, telephone-number status, and other telecommunications infrastructure.
DFSENDER does not guarantee that any particular SMS/MMS message will be delivered or delivered within a particular period.
Carriers are not liable for any delayed or undelivered messages.
6.14 SMS Consent Through Online Booking Forms
DFSENDER may offer enrollment in its Customer Care SMS program and, separately, its promotional/marketing SMS program through online booking forms.
Customers may access DFSENDER’s booking process through its official website at https://dfsender.com/ by selecting the “Book an appointment” option. The booking form may be hosted through the Office-X software platform on DFSENDER’s behalf.
Where SMS enrollment is offered, the form presents separate optional consent checkboxes for transactional/informational Customer Care SMS and promotional/marketing SMS. Both checkboxes are unchecked by default.
The Customer Care SMS disclosure identifies DFSENDER as the sender and describes the applicable messaging purposes, recurring-message frequency, potential message and data charges, HELP and STOP instructions, and the voluntary nature of consent.
A separate optional checkbox is used for promotional/marketing SMS consent. Selecting one SMS consent checkbox does not automatically select or authorize the other.
A separate required checkbox may be used to accept DFSENDER’s Terms of Service and acknowledge its Privacy Policy. Acceptance of those documents does not constitute SMS consent.
Customers may submit a booking or request Services without selecting either SMS consent checkbox.
Enrollment in an SMS program occurs only when the customer affirmatively selects the applicable consent checkbox and submits the form.
Providing a mobile telephone number, submitting a booking, or accepting these Terms and the Privacy Policy does not independently authorize SMS enrollment.
DFSENDER may maintain records of online consent, including the applicable telephone number, messaging program, consent disclosure, date and time, form or page reference, and related audit information.
Consent obtained through the online booking form applies only to the messaging program and purposes disclosed when consent was provided.
6.15 Verbal SMS Consent Through Phone Bookings
DFSENDER may offer enrollment in its Customer Care SMS program during telephone bookings conducted through its AI phone receptionist.
Customers who call DFSENDER at +1 (336) 864-9653 may be offered the option to receive recurring transactional, informational, and customer-care SMS/MMS communications.
Terms of Service Acceptance and Privacy Policy Acknowledgment
Before completing a telephone booking that requires legal acceptance, the AI receptionist provides callers with DFSENDER’s Terms of Service and Privacy Policy references and gives callers an opportunity to review them.
The receptionist verbally provides the following policy references:
Terms of Service: https://dfsender.com/terms/
Privacy Policy: https://dfsender.com/privacy/
Where required for the booking, the receptionist separately requests a clear affirmative response confirming acceptance of DFSENDER’s Terms of Service and acknowledgment of its Privacy Policy.
Acceptance of these Terms or acknowledgment of the Privacy Policy does not constitute consent to receive SMS/MMS or marketing communications.
Separate Optional Customer Care SMS Consent
After the applicable legal acceptance process, the AI receptionist separately explains the DFSENDER Customer Care SMS program before requesting SMS consent.
The verbal disclosure includes:
DFSENDER’s identity as the messaging sender;
The types and purposes of transactional, informational, and customer-care messages;
That messages may be recurring;
That message frequency varies;
That message and data rates may apply;
Instructions to reply HELP for assistance or STOP to opt out;
That SMS consent is optional and is not a condition of purchasing goods or Services;
References to DFSENDER’s Terms of Service and Privacy Policy; and
DFSENDER’s commitment not to share, sell, rent, or provide mobile phone numbers or messaging consent data to third parties or affiliates for marketing or promotional purposes.
After providing these disclosures, the AI receptionist asks whether the caller agrees to receive Customer Care SMS messages from DFSENDER at the mobile telephone number provided.
Enrollment occurs only after the caller provides a clear affirmative response specifically authorizing the disclosed Customer Care SMS program.
Silence, an ambiguous response, acceptance of the Terms of Service, acknowledgment of the Privacy Policy, or merely providing a mobile telephone number does not constitute SMS consent.
Callers may decline SMS enrollment and still request or book Services, subject to any separate service-contract requirements.
Consent Records and Program Restrictions
DFSENDER may maintain separate records of Terms of Service acceptance, Privacy Policy acknowledgment, and Customer Care SMS consent, including the applicable telephone number, date and time, consent disclosure or script version, caller response, and relevant call or session information, subject to applicable law.
Where recordings or transcripts are collected, they are handled according to applicable privacy, call-recording, security, and retention requirements.
Consent obtained through telephone bookings applies only to DFSENDER, the applicable mobile telephone number, the Customer Care SMS program, and the communication purposes disclosed when consent was obtained.
Verbal consent to the Customer Care SMS program does not authorize promotional or marketing SMS/MMS communications.
Additional information about communication preferences, opt-outs, consent records, and personal-information handling is available in DFSENDER’s Privacy Policy:
7. Your Responsibilities
You agree to:
- provide accurate and current information;
- provide only contact information you are authorized to provide;
- cooperate reasonably with DFSENDER;
- provide timely instructions, approvals, access, and materials;
- use the Services lawfully;
- comply with applicable laws and third-party rights;
- maintain the security of credentials or access information under your control; and
- promptly notify DFSENDER of material changes affecting the Services.
You may not use DFSENDER’s Services for unlawful, fraudulent, deceptive, abusive, infringing, or unauthorized purposes.
8. Customer Materials and Intellectual Property
You retain ownership of materials you provide to DFSENDER, subject to the rights necessary for DFSENDER to perform the Services.
You grant DFSENDER and its service providers a limited right to access, use, reproduce, process, transmit, and otherwise handle customer-provided materials as reasonably necessary to provide, administer, secure, and support the Services.
You represent that you have the rights and permissions necessary to provide those materials and authorize their use for the applicable Services.
Unless otherwise stated in a Service Order, DFSENDER retains ownership of its pre-existing intellectual property, methodologies, software, processes, know-how, templates, documentation, and other materials developed independently of a particular customer engagement.
Ownership or licensing of specific deliverables may be addressed in the applicable Service Order.
9. Service Providers and Operational Processing
DFSENDER uses service providers to operate and support the Services.
These service-provider relationships are for operational purposes. Service providers may process information on DFSENDER’s behalf only as reasonably necessary to provide their services, support DFSENDER’s operations, maintain security, process transactions, deliver communications, or comply with applicable law.
Nothing in this Section authorizes a service provider, third party, or affiliate to use DFSENDER customers’ mobile phone numbers, SMS/MMS opt-in information, text-messaging originator opt-in data, or messaging consent data for its own marketing or promotional purposes.
DFSENDER does not share, sell, rent, or provide mobile phone numbers or messaging consent data to third parties or affiliates for marketing or promotional purposes.
9.1 Office-X
DFSENDER uses the Office-X platform to administer portions of its business operations, including customer records, requests, bookings, appointments, projects, tasks, communications, documents, electronic signatures, estimates, agreements, invoices, transaction status, communication preferences, consent records, and related operational records.
Office-X LLC acts as a technology service provider or processor to DFSENDER when processing such information on DFSENDER’s behalf.
Office-X is not the provider of DFSENDER’s underlying Services and is not a party to the customer relationship merely because DFSENDER uses Office-X technology.
9.2 Communications Service Providers
DFSENDER may use communications and telecommunications service providers to operate and support email and SMS/MMS communications.
These providers may process information reasonably necessary to route, deliver, secure, maintain, and support communications on DFSENDER’s behalf.
Communications service providers processing mobile information or messaging consent on DFSENDER’s behalf are not authorized by DFSENDER to use that information for their own marketing or promotional purposes.
9.3 Payment Processors
DFSENDER may use payment processors such as Stripe or PayPal.
Payment processors may independently process payment credentials and transactions according to their applicable terms and privacy practices.
The use of a third-party payment processor does not make that processor the provider of DFSENDER’s underlying Services.
9.4 Other Operational Providers
DFSENDER may use other service providers for hosting, data storage, security, fraud prevention, analytics, scheduling, calendars, document management, electronic signatures, customer support, file delivery, email delivery, accounting, legal services, and other operational functions.
These providers may process information only as reasonably necessary for the applicable operational service or as otherwise permitted or required by law.
10. Changes, Cancellations, Suspension, and Termination
Cancellation and rescheduling rights may depend upon the applicable Service Order, booking, estimate, or agreement.
DFSENDER may suspend, reschedule, refuse, or terminate Services where reasonably necessary because of:
- nonpayment;
- material breach;
- unlawful or abusive conduct;
- security or fraud concerns;
- unsafe conditions;
- lack of required cooperation or access;
- sanctions or legal restrictions;
- third-party service limitations; or
- circumstances making performance unlawful or commercially impracticable.
Termination does not eliminate obligations that accrued before termination.
Provisions that by their nature should survive termination will survive, including provisions concerning payment obligations, intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, and other accrued rights.
11. Privacy
DFSENDER’s collection, use, processing, disclosure, retention, and protection of personal information is described in the DFSENDER Privacy Policy:
The Privacy Policy is incorporated by reference where permitted by applicable law.
Acceptance of these Terms and acknowledgment of the Privacy Policy do not, by themselves, constitute consent to receive marketing email or SMS/MMS communications.
Communication consent is obtained separately where required, as described in Section 6 and the Privacy Policy.
12. No Professional Advice
Unless DFSENDER expressly agrees in writing to provide a particular regulated professional service, information provided through the Services is not legal, tax, accounting, medical, financial, investment, or other regulated professional advice.
You should obtain advice from an appropriately qualified professional when necessary.
13. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS EXCEPT TO THE EXTENT EXPRESS WARRANTIES ARE PROVIDED IN AN APPLICABLE SERVICE ORDER.
DFSENDER DISCLAIMS IMPLIED WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
DFSENDER DOES NOT WARRANT THAT THE SERVICES, WEBSITES, PORTALS, COMMUNICATIONS, THIRD-PARTY SYSTEMS, OR TECHNOLOGY USED IN CONNECTION WITH THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR AVAILABLE AT ALL TIMES.
DFSENDER DOES NOT GUARANTEE RESULTS OR OUTCOMES EXCEPT WHERE EXPRESSLY AGREED IN WRITING.
Some jurisdictions do not permit certain warranty disclaimers, so portions of this Section may not apply to you.
14. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DFSENDER AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, REPRESENTATIVES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DFSENDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO A PARTICULAR SERVICE OR CLAIM WILL NOT EXCEED THE AMOUNT ACTUALLY PAID TO DFSENDER FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE TWELVE MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
The limitations in this Section do not apply to liability that cannot lawfully be excluded or limited.
15. Indemnification
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless DFSENDER and its members, managers, officers, employees, representatives, and agents from third-party claims, damages, liabilities, losses, and reasonable costs arising from or relating to:
- materials or information you provide;
- your violation of applicable law;
- your violation of third-party rights;
- your unauthorized or unlawful use of the Services; or
- your material breach of these Terms or an applicable Service Order.
This Section does not require indemnification to the extent a claim results from DFSENDER’s own conduct for which indemnification may not lawfully be required.
16. Force Majeure
DFSENDER will not be responsible for delay or failure to perform caused by circumstances beyond its reasonable control, including natural disasters, severe weather, fire, flood, epidemic or pandemic conditions, war, terrorism, civil disturbance, governmental action, labor disruption, utility failure, telecommunications or internet failure, carrier failure, cybersecurity incidents not caused by DFSENDER’s failure to use reasonable safeguards, supply-chain disruption, or failure of third-party infrastructure.
DFSENDER will use commercially reasonable efforts appropriate under the circumstances to resume affected Services.
17. Dispute Notice and Informal Resolution
Before initiating litigation concerning a dispute arising from these Terms or the Services, you and DFSENDER agree to make a good-faith effort to resolve the dispute informally, except where immediate injunctive or equitable relief is reasonably necessary or where an eligible claim is brought in small claims court.
A written dispute notice to DFSENDER should describe the nature of the dispute, relevant facts, and requested resolution and may be sent to:
or:
DFSENDER LLC
c/o Company Sage Agents LLC, Registered Agent
1095 Sugarview Dr Ste 100
Sheridan, WY 82801
United States
The parties will have 30 days after receipt of a sufficiently detailed dispute notice to attempt in good faith to resolve the matter before filing an action, unless applicable law requires otherwise.
Nothing in this Section modifies any method of service of process required or permitted by applicable law.
18. Governing Law and Venue
These Terms and disputes arising out of or relating to them or the Services are governed by the laws of the State of Wyoming, without regard to conflict-of-laws principles, except to the extent another law must apply and cannot lawfully be waived.
Subject to applicable nonwaivable rights, any court proceeding arising out of or relating to these Terms or the Services must be brought in a state or federal court having jurisdiction in or over Sheridan County, Wyoming, and each party consents to the personal jurisdiction and venue of those courts.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY WAIVES THE RIGHT TO A TRIAL BY JURY FOR CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES.
Nothing in these Terms eliminates rights or remedies that cannot lawfully be waived.
19. Individual Claims and Class-Action Waiver
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND DFSENDER AGREE THAT CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL BE ASSERTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF, CLAIMANT, OR CLASS MEMBER IN A PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, REPRESENTATIVE, OR PRIVATE-ATTORNEY-GENERAL ACTION.
If applicable law prohibits enforcement of this waiver for a particular claim or remedy, the waiver will apply only to the maximum extent permitted by law.
20. General Provisions
These Terms, together with the applicable Service Order and documents expressly incorporated by reference, constitute the agreement between you and DFSENDER concerning the subject matter they cover.
If any provision is held invalid or unenforceable, the remaining provisions will remain in effect to the maximum extent permitted by law.
DFSENDER’s failure to enforce a provision is not a waiver of that provision or any other provision.
Headings are for convenience and do not limit the meaning of these Terms.
You may not assign your rights or obligations under these Terms without DFSENDER’s prior written consent where consent may lawfully be required.
DFSENDER may assign these Terms in connection with a merger, reorganization, financing, sale of substantially all relevant assets, or similar business transaction, subject to applicable law.
No assignment or corporate transaction automatically transfers or expands a consumer’s SMS/MMS marketing consent where new consent is required by applicable law.
Nothing in these Terms creates a partnership, joint venture, employment relationship, franchise, or agency relationship between you and DFSENDER unless expressly agreed otherwise in writing.
21. Changes to These Terms
DFSENDER may update these Terms from time to time to reflect changes in the Services, business practices, technology, legal requirements, or operational requirements.
The revised Terms will be posted with an updated “Last Updated” date.
Where applicable law requires additional notice, DFSENDER will provide that notice.
Changes generally apply prospectively unless applicable law permits otherwise.
A change to these Terms does not by itself create, broaden, or replace consent to receive SMS/MMS or marketing communications. If additional communication consent is required, DFSENDER will obtain that consent separately.
22. Contact DFSENDER
For questions about the Services, these Terms, customer support, or DFSENDER communications, contact:
DFSENDER LLC
Email: [email protected]
Telephone: 469-638-5060
Terms of Service:
https://dfsender.com/terms/
Privacy Policy:
https://dfsender.com/privacy/
Legal Notices and Registered Agent
Formal legal notices concerning DFSENDER may be sent to:
DFSENDER LLC
c/o Company Sage Agents LLC, Registered Agent
1095 Sugarview Dr Ste 100
Sheridan, WY 82801
United States
Company Sage Agents LLC is DFSENDER’s registered agent. The address above is the address of DFSENDER’s registered agent and is provided for legal-notice purposes. It is not represented as DFSENDER’s principal office, business location, customer-service location, or location where DFSENDER performs Services.
Nothing in these Terms modifies any method of service of process required or permitted by applicable law.