Terms of Use — Delta Wholesaling SMS

1. Legally Binding Agreement

The Terms and Conditions and Terms of Use constitute a legally binding agreement between you and Delta Wholesaling SMS and are enforceable to the fullest extent permitted by law. By accessing the website, creating an account, subscribing, purchasing, submitting payment, using the platform, using support services, or using any Delta Wholesaling SMS service, you acknowledge that you have read, understood, and agreed to these Terms.

If you do not agree with these Terms, you must discontinue using the service immediately.

Delta Wholesaling SMS reserves the right to update these Terms of Use at any time. It is the user's responsibility to review these Terms regularly. Continued use of the service after updates are posted constitutes acceptance of the updated Terms.

2. 🚫 Strict No Refund & Cancellation Policy

All payments made to Delta Wholesaling SMS are final and non-refundable.

By subscribing, purchasing any plan, paying a setup fee, paying an onboarding fee, paying usage charges, paying carrier-related charges, choosing a monthly plan, choosing an annual plan, financing through a third-party provider, purchasing add-ons, purchasing upgrades, purchasing custom work, or otherwise submitting payment, you acknowledge and agree that no refunds will be issued under any circumstance unless required by applicable law.

This no-refund policy applies to:

Monthly subscription fees.
Annual subscription fees.
One-time setup fees.
Onboarding fees.
Website creation fees.
A2P registration assistance fees.
SMS usage charges.
Call usage charges.
Phone number charges.
Carrier fees.
Third-party provider fees.
Add-ons.
Upgrades.
Custom work.
Integrations.
Any other paid service connected to Delta Wholesaling SMS.

No refunds will be issued due to:

Partial use of the platform.
Non-use of the platform.
Dissatisfaction.
Change of mind.
Failure to cancel on time.
Failure to cancel before renewal.
Failure to complete onboarding.
Failure to launch campaigns.
Failure to obtain A2P approval.
Carrier filtering, blocking, rejection, throttling, suspension, or deliverability issues.
Low response rates.
No deals closed.
No revenue generated.
No appointments booked.
No seller responses.
Poor lead performance.
User error.
Account inactivity.
Business closure.
Budget issues.
Compliance concerns.
TCPA, CAN-SPAM, CTIA, A2P 10DLC, Do-Not-Call, consent, opt-out, or marketing-law issues.
Any other reason not required by applicable law.

Cancellations must be submitted before the renewal date of your plan. Once a subscription renews, the charge is considered final, non-refundable, and non-reversible. It is your responsibility to manage your subscription through your account or contact our support team before renewal.

Annual plans are discounted commitments and are final once purchased. Annual payments are non-refundable, non-divisible, and are not eligible for prorated refunds after purchase.

Setup fees are mandatory, earned upon payment, and non-refundable because they reserve onboarding capacity, account setup resources, A2P registration assistance, website setup, implementation work, and launch support.

Usage charges and carrier-related fees are non-refundable because they may be incurred through third-party providers, carriers, telecom systems, registries, or platform usage.

This policy applies to all payment methods, including credit card, debit card, ACH, Stripe, Affirm, Klarna, Afterpay, or any other third-party financing or payment service, regardless of whether an initial down payment was made or not.

If a customer uses a third-party financing provider, the customer remains responsible for the financing agreement with that provider. Delta Wholesaling SMS does not control third-party financing terms and will not issue refunds because a financing provider approved, denied, charged, collected, or financed a payment from the customer.

By completing checkout, you agree not to initiate improper chargebacks, disputes, reversals, or payment claims for payments covered by this no-refund policy. If you dispute a valid charge, Delta Wholesaling SMS may provide these Terms, checkout records, payment records, account records, onboarding records, usage records, support records, communication records, IP logs, timestamped acceptance records, and other relevant evidence to the payment processor, financing provider, card issuer, bank, collections provider, or legal representative.

Cancellation stops future renewals only. Cancellation does not create a refund right for past payments, current billing periods, setup fees, annual plans, usage charges, carrier fees, add-ons, or any previously processed payment.

3. Important Compliance Notice

Delta Wholesaling SMS is a software and automation tool provider only. Delta Wholesaling SMS does not provide legal advice, does not act as your attorney, does not verify your compliance, does not act as the sender of record for your campaigns, and does not assume responsibility for your marketing activity. You are solely responsible for your own TCPA, CAN-SPAM, CTIA, A2P 10DLC, Do-Not-Call, consent, opt-out, message content, lead list, and marketing-law compliance.

4. Acceptance of Terms

By using Delta Wholesaling SMS, creating an account, purchasing a plan, submitting payment, accessing onboarding, using the CRM, sending messages, uploading leads, using automations, using AI features, or submitting any support request, you acknowledge that you have read, understood, and agreed to these Terms.

Delta Wholesaling SMS may update these Terms at any time. Continued use of the service after changes are posted constitutes acceptance of the updated Terms.

5. Service Description

Delta Wholesaling SMS provides software tools for real estate investors, wholesalers, and related businesses, including CRM functionality, SMS messaging tools, call tools, automation workflows, AI-powered follow-up, websites, landing pages, funnels, reporting, lead management, campaign tools, A2P registration assistance, and onboarding support.

Delta Wholesaling SMS provides tools only. Delta Wholesaling SMS does not create, approve, monitor, supervise, guarantee, or control your marketing campaigns, message content, recipient lists, consent records, business practices, compliance procedures, or legal obligations.

6. User Responsibility and Compliance

You are solely responsible for:

The content of every message, call, email, voicemail, campaign, automation, AI output, landing page, form, and communication sent or published through the platform.
Obtaining all legally required consent before contacting any person.
Maintaining accurate and auditable consent records.
Ensuring every recipient may lawfully be contacted.
Honoring opt-out, STOP, unsubscribe, revocation, suppression, and Do-Not-Call requests.
Scrubbing against applicable Do-Not-Call lists and internal suppression lists when required.
Complying with TCPA, CAN-SPAM, CTIA, A2P 10DLC, carrier rules, state telemarketing laws, privacy laws, consumer protection laws, and all other applicable laws.
Ensuring your lead sources, skip-traced data, uploaded lists, purchased lists, scraped lists, or third-party lists are legally obtained and legally usable.
Consulting your own attorney before launching campaigns.

Delta Wholesaling SMS assumes no responsibility for your compliance and has no obligation to monitor or verify your campaigns.

7. TCPA, Consent, Opt-Outs, and Marketing Law

You acknowledge and agree that SMS, calls, ringless voicemail, email, AI-generated communication, automated communication, and marketing outreach may be regulated by federal, state, local, carrier, and industry rules.

You are solely responsible for determining when prior express consent, prior express written consent, one-to-one consent, signed written agreements, opt-in disclosures, Do-Not-Call compliance, unsubscribe language, or other consent standards apply.

You agree to:

Obtain proper consent before contacting recipients.
Use clear and truthful messaging.
Identify yourself or your business where required.
Provide legally required opt-out mechanisms.
Honor opt-out and revocation requests promptly.
Maintain evidence of consent, opt-outs, and compliance procedures.
Avoid unsolicited, deceptive, harassing, misleading, or unlawful communications.

Delta Wholesaling SMS does not guarantee that your use of the platform is lawful. Any compliance examples, onboarding guidance, templates, workflows, or educational materials are provided for general informational purposes only and are not legal advice.

8. A2P 10DLC and Carrier Compliance

Delta Wholesaling SMS may provide A2P registration assistance, campaign setup assistance, or related onboarding support. This assistance is administrative and technical only.

You are responsible for providing accurate business information, truthful campaign descriptions, proper opt-in language, compliant sample messages, valid privacy policies, compliant terms, and any other information required by carriers, registries, or service providers.

Delta Wholesaling SMS does not guarantee A2P approval, carrier approval, message deliverability, throughput, registration timing, campaign acceptance, phone number availability, or uninterrupted messaging service. Carriers, registries, aggregators, and third-party providers may reject, filter, suspend, throttle, block, or terminate messaging traffic at their discretion.

9. No Legal Advice

Delta Wholesaling SMS does not provide legal advice. No website content, onboarding call, support response, AI response, template, workflow, article, checklist, message example, privacy policy, terms page, A2P assistance, or compliance-related statement should be treated as legal advice.

You are solely responsible for consulting your own legal counsel regarding your marketing practices and compliance obligations.

10. No Monitoring or Control

Delta Wholesaling SMS does not monitor, review, approve, edit, control, or endorse your messages, campaigns, lists, leads, calls, emails, automations, AI outputs, websites, forms, landing pages, or marketing practices.

Delta Wholesaling SMS may suspend or terminate access if it believes, in its sole discretion, that your use creates legal, carrier, platform, reputational, operational, security, or compliance risk. However, Delta Wholesaling SMS has no obligation to detect or prevent unlawful or non-compliant activity.

11. Prohibited Use

You may not use Delta Wholesaling SMS to:

Send unlawful, unsolicited, deceptive, abusive, harassing, threatening, defamatory, or misleading communications.
Contact recipients without legally sufficient consent.
Ignore opt-out, STOP, unsubscribe, revocation, or Do-Not-Call requests.
Upload stolen, scraped, unlawfully obtained, or unauthorized lead data.
Evade carrier, A2P, spam, fraud, or compliance controls.
Impersonate another person or business.
Violate TCPA, CAN-SPAM, CTIA, A2P 10DLC, Do-Not-Call, privacy, telemarketing, consumer protection, or other applicable laws.
Use the platform for fraud, scams, illegal activity, or harmful conduct.
Reverse engineer, copy, resell, sublicense, or exploit the platform without permission.

12. Included Lead Allocations

Professional, Premium+, and Delta-X plans may include monthly premium skip-traced lead allocations as described on the pricing page. Leads are included only when requested, do not roll over, do not stack across months, and may be subject to availability, plan status, verification, and operational limitations.

Delta Wholesaling SMS does not guarantee that any lead is accurate, reachable, legally contactable, motivated, qualified, profitable, exclusive, or compliant for your intended use. You are solely responsible for validating and lawfully using all lead data.

13. AI Features and User Review

AI tools may generate suggested messages, responses, summaries, workflows, or other content. AI output may be inaccurate, incomplete, non-compliant, or inappropriate for your business or jurisdiction.

You are solely responsible for reviewing, editing, approving, and legally validating all AI-generated content before use. Delta Wholesaling SMS is not liable for AI-generated content, campaign outcomes, recipient responses, compliance failures, or business decisions based on AI output.

14. No Income, Deal, ROI, or Performance Guarantees

Delta Wholesaling SMS does not guarantee deals, contracts, appointments, seller responses, revenue, profit, ROI, message deliverability, close rates, lead quality, campaign performance, A2P approval, or any business outcome.

Any projections, calculators, testimonials, examples, case studies, estimated response rates, estimated revenue, or marketing examples are illustrative only. Actual results depend on list quality, market conditions, offer strength, compliance, follow-up, skill, timing, and other factors outside Delta Wholesaling SMS's control.

15. Third-Party Services and Providers

The platform may rely on third-party providers, including but not limited to payment processors, telephony providers, carriers, AI providers, hosting providers, analytics providers, A2P registries, and integration partners.

Delta Wholesaling SMS is not responsible for third-party outages, errors, pricing changes, policy changes, suspensions, rejections, carrier filtering, failed integrations, data delays, or service interruptions.

16. Service Availability

Delta Wholesaling SMS does not guarantee uninterrupted, error-free, secure, or always-available service. Maintenance, third-party failures, carrier issues, internet disruptions, integration errors, account restrictions, or other events may affect availability and performance.

17. Intellectual Property and License

Unless otherwise stated, Delta Wholesaling SMS and its licensors own all intellectual property rights in the website, platform, software, design, workflows, templates, branding, logos, content, documentation, systems, and related materials.

You receive a limited, revocable, non-exclusive, non-transferable license to access and use the platform for your internal business purposes while your account is active and in good standing.

You may not republish, sell, rent, sublicense, reproduce, duplicate, copy, redistribute, reverse engineer, or exploit Delta Wholesaling SMS materials without written permission.

18. User Content

If you submit content, feedback, comments, testimonials, support messages, campaign materials, message templates, business information, lead data, or other materials, you represent that you have all rights and permissions necessary to provide that content.

You grant Delta Wholesaling SMS a non-exclusive license to use, host, process, reproduce, edit, and display such content as necessary to provide, support, improve, secure, and operate the service.

You are solely responsible for your content and any claims arising from it.

19. Cookies and Privacy

Delta Wholesaling SMS may use cookies and similar technologies as described in the Privacy Policy. By using the website or platform, you agree to the use of cookies and data practices described in the Privacy Policy.

20. Hyperlinking, iFrames, and Website Content Liability

You may not create frames around Delta Wholesaling SMS webpages or alter the visual presentation or appearance of the website without prior written permission.

Third-party websites may link to Delta Wholesaling SMS only in a way that is not deceptive, does not falsely imply sponsorship or endorsement, and does not harm Delta Wholesaling SMS.

Delta Wholesaling SMS is not responsible for content appearing on third-party websites that link to or reference Delta Wholesaling SMS. You agree to defend and hold Delta Wholesaling SMS harmless from claims arising from content on your websites, landing pages, campaigns, or marketing materials.

21. Disclaimer of Warranties

The platform, website, software, content, templates, workflows, AI tools, support, onboarding, integrations, and services are provided "as is" and "as available."

To the fullest extent permitted by law, Delta Wholesaling SMS disclaims all warranties, express or implied, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, legality, compliance, deliverability, availability, accuracy, and performance.

Delta Wholesaling SMS makes no warranty that your use of the platform will comply with any law or prevent complaints, fines, lawsuits, carrier enforcement, opt-outs, filtering, suspension, or legal claims.

22. Limitation of Liability

To the fullest extent permitted by law, Delta Wholesaling SMS, Delta Group Enterprises LLC, and their owners, officers, directors, employees, contractors, agents, affiliates, licensors, and service providers shall not be liable for any direct, indirect, incidental, special, consequential, punitive, exemplary, or enhanced damages arising from or related to your use of the platform, campaigns, messages, lead lists, automations, AI output, compliance failures, carrier actions, support interactions, business results, or inability to use the service.

This includes, without limitation, lost profits, lost revenue, lost deals, lost data, business interruption, legal penalties, TCPA claims, CAN-SPAM claims, Do-Not-Call claims, consumer complaints, carrier filtering, message blocking, A2P rejection, account suspension, or reputational harm.

To the fullest extent permitted by law, Delta Wholesaling SMS's total liability for any claim shall not exceed the amount you paid to Delta Wholesaling SMS for the services during the twelve months immediately preceding the claim.

23. Indemnification

You agree to indemnify, defend, and hold harmless Delta Wholesaling SMS, Delta Group Enterprises LLC, and their owners, officers, directors, employees, contractors, agents, affiliates, licensors, and service providers from and against any claims, demands, damages, liabilities, settlements, fines, penalties, losses, costs, and expenses, including attorneys' fees, arising out of or related to:

Your use of the platform.
Your messages, calls, emails, campaigns, automations, AI output, websites, forms, funnels, or landing pages.
Your lead lists, skip-traced data, uploaded contacts, purchased lists, or recipient data.
Your failure to obtain consent.
Your failure to honor opt-outs or Do-Not-Call obligations.
Your violation of TCPA, CAN-SPAM, CTIA, A2P 10DLC, carrier rules, privacy laws, consumer protection laws, telemarketing laws, or any other applicable law.
Your breach of these Terms.
Complaints, lawsuits, regulatory actions, carrier actions, or third-party claims arising from your marketing activity.

24. Suspension and Termination

Delta Wholesaling SMS may suspend, restrict, or terminate your access at any time if it believes your use violates these Terms, creates risk, violates law, violates carrier rules, harms platform reputation, threatens security, causes operational issues, or may expose Delta Wholesaling SMS to liability.

Termination does not eliminate your payment obligations, compliance obligations, indemnification obligations, limitation of liability, or any provisions intended to survive termination.

25. Severability

If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions will remain in full force and effect.

26. Entire Agreement

These Terms, together with the Privacy Policy and any checkout terms, order forms, or written agreements applicable to your account, constitute the entire agreement between you and Delta Wholesaling SMS regarding the services and supersede all prior agreements, understandings, or representations.

27. Governing Law

These Terms are governed by the laws of [INSERT GOVERNING STATE], without regard to conflict-of-law principles.

28. Contact

Questions about these Terms may be submitted through the Support page.

This page is maintained by Delta Wholesaling SMS. It is not legal advice and does not replace a formal terms-of-service agreement drafted by qualified counsel.